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, MONDAY, MARCH 31, 2003 No. 51 House of Representatives The House met at 12:30 p.m. and was California of Exotic Newcastle Disease cock operations in southern California called to order by the Speaker pro tem- which does not appear to threaten peo- alone. USDA officials, according to pore (Mr. ADERHOLT). ple but which is deadly to birds. news sources, have said that fully one- f Though not yet identified for certain, third of the flocks that they have de- it appears that illegal cockfighters are populated are gamecock operations. DESIGNATION OF SPEAKER PRO responsible. Fighting roosters from Under California law, it is illegal to TEMPORE Mexico, where there has been an out- possess birds for fighting purposes. But The SPEAKER pro tempore laid be- break of Exotic Newcastle, have moved the USDA is providing millions in com- fore the House the following commu- illegally into California. The imprint pensation to illegal cockfighters whose nication from the Speaker: of the disease in Mexico is nearly iden- birds have been ordered killed. Accord- WASHINGTON, DC, tical to the imprint of the disease now ing to the Bakersfield Californian and March 31, 2003. spreading throughout the American other newspapers, some individuals are I hereby appoint the Honorable ROBERT B. Southwest. being paid up to $1,800 per fighting ADERHOLT to act as Speaker pro tempore on Since the outbreak occurred 6 rooster. this day. months ago in the United States, the Mr. Speaker, this is a scandal, a J. DENNIS HASTERT, Speaker of the House of Representatives. disease has spread rapidly. First dis- gross and irresponsible use of tax dol- covered in Los Angeles County, it has lars. Our Federal Government is paying f spread throughout southern California top-dollar black-market prices for live MORNING HOUR DEBATES and into Arizona and Nevada. There contraband. If there was an outbreak of The SPEAKER pro tempore. Pursu- are now eight affected counties in Cali- plant disease, would we be compen- ant to the order of the House of Janu- fornia, and experts predict that more sating marijuana growers for the de- ary 7, 2003, the Chair will now recog- counties will soon be hit as the disease struction of their crops? Let me repeat, nize Members from lists submitted by marches north. All movements of live under State law it is illegal to possess the majority and minority leaders for birds have been halted in the quar- birds for fighting. Under the provisions morning hour debates. The Chair will antine area and all poultry shows have of an amendment I sponsored last year alternate recognition between the par- been canceled throughout the entire with the gentleman from Colorado (Mr. ties, with each party limited to not to State. In an effort to contain the dis- TANCREDO), it will soon be illegal under exceed 30 minutes, and each Member, ease, the U.S. Department of Agri- Federal law to move any fighting birds except the majority leader, the minor- culture and State agriculture depart- to or from any State or territory in the ity leader, or the minority whip, lim- ments have ordered many bird flocks United States. In short, there is no le- ited to not to exceed 5 minutes. depopulated if any bird in a flock has gitimate reason for individuals to pos- The Chair recognizes the gentleman been diagnosed with the infection. sess birds for fighting purposes. But from Oregon (Mr. BLUMENAUER) for 5 State and Federal authorities have they are being remunerated. These peo- minutes. killed more than 3.2 million birds, in- ple are organized criminals and we f cluding pet birds, poultry and egg-lay- should not be squandering the tax dol- ing hens from commercial flocks, fight- lars of hardworking Americans by COCKFIGHTING ing roosters and other birds. Thus far, making compensation payments to Mr. BLUMENAUER. Mr. Speaker, I Federal authorities have spent $65 mil- them. These people should not be paid rise today on an issue that I have ad- lion and cost estimates may climb to off. They should be prosecuted under dressed in this Chamber on a number of $250 to $500 million before the disease State and Federal law. occasions, cockfighting. But today I runs its course. The last time there It is indeed ironic that the Federal am here not to reiterate the case was a major outbreak of Exotic New- Government is paying cockfighters against this despicable and barbaric castle Disease in California, it cost more than it is paying pet owners, practice but to draw attention to a taxpayers and agriculture an immense poultry growers, and other individuals gross misuse of tax dollars of hard- impact. who legitimately possess birds in working Americans whose funds are During the course of the containment southern California. At a time when we being quietly handed off by the Depart- exercise, agricultural officials have are making so many difficult choices ment of Agriculture to illegal been staggered by the scope of the ille- with Federal expenditures, when we cockfighters. gal cockfighting operations they have have a war to pay for, when we have a In October, the Federal Government stumbled upon. There are some observ- soaring deficit, when we are not fund- learned of an outbreak in southern ers who say that there are 50,000 game- ing critical environmental programs in

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 01:48 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.000 H31PT1 H2476 CONGRESSIONAL RECORD — HOUSE March 31, 2003 agriculture, the farmland protection ments intended to improve the legisla- Finally, responsible administration bill, wetland reserves program, wildlife tion. This bill was introduced on Fri- of any vaccine program requires edu- habitat incentives program, the con- day and it is on the floor today. Only a cation, prescreening, as we found out servation security program, the envi- handful of Members had a say on this tragically in four cases, and surveil- ronmental quality investment pro- bill. No one else. No firefighters, no po- lance. H.R. 1463 ignores these costs, gram, these critical programs to pro- lice officers, no teachers, no EMTs, no jeopardizing the future of the program tect the environment and American ag- nurses. We are being told to take it or and, more importantly, jeopardizing riculture, we do not have money to leave it. the future health of many of these vol- fund them adequately, but we are pay- The fundamental question is, have unteers, these nurses, these fire- ing out millions to illegal cockfighters. Members of Congress become so far re- fighters, these EMTs, these police offi- This should not happen, and I want this moved from the people we represent cers. body to join me for an accounting by that we would pass a bill opposed by Bioterrorism preparedness is either a the Department of Agriculture of what the very men and women it is supposed priority or it is not. H.R. 1463 is a is happening on the ground in Cali- to protect? Do we in Congress think we token response, and barely that. Our fornia, Arizona, Nevada, and through- know better than bioterrorism experts nurses, our firefighters, our police offi- out the Southwest. when it comes to bioterrorism pre- cers, our EMTs and our other first re- Mr. Speaker, soon several colleagues paredness? sponders deserve better. That is why and I will be introducing legislation to Protecting first responders and their they oppose this bill. They want Con- strengthen penalties for violations of families in the event of a vaccine in- gress to sit down with all the first re- Federal anti-animal fighting law. jury and increasing vaccine participa- sponders at the table, all of us, discuss These are the same provisions that tion rates are important objectives. this bill and write legislation that will were passed by both the House and the They are time-sensitive objectives. The make the smallpox vaccine program Senate last year in the ag bill but were national smallpox vaccination program work. inexplicably stripped away in the con- is already underway and participation ference committee. Now is the time to is lagging far, far behind the goal set f restore the penalties already approved by the administration. Twenty-five by both Chambers. I hope that the Sec- thousand people have been vaccinated, SMALLPOX VACCINE retary of Agriculture will actively sup- less than 5 percent of the March 1 COMPENSATION port this change in law. Adequate en- benchmark. The experts tell us the bill The SPEAKER pro tempore. Pursu- forcement of Federal anti-animal fight- will not jump-start the smallpox vac- ant to the order of the House of Janu- ing provisions is not only needed to cine program, so it will not enhance ary 7, 2003, the gentlewoman from Cali- stop the cruelty associated with ani- our bioterrorism preparedness. fornia (Mrs. CAPPS) is recognized dur- Congress should not be wasting valu- mal fighting, but it is needed to pre- ing morning hour debates for 5 min- able time enacting the wrong bill, par- vent future outbreaks of Exotic New- utes. ticularly when our Nation’s ability to castle Disease. I hope that even those Mrs. CAPPS. Mr. Speaker, what an respond to bioterrorism is at stake. who are unmoved by the cruelty of ani- honor it is for me to follow after my es- Nor should Members of either side of mal fighting will recognize the threat teemed colleague from Ohio, the rank- the aisle support legislation that is that this industry poses to mainstream ing member of the subcommittee that I unapologetically dismissive of the very agriculture and to the American tax- am also a member on, where we would people it is intended to protect: the payer. have very much appreciated being able nurses, the firefighters, the police offi- f to debate and discuss this legislation cers, people who voluntarily place before we find it today on the suspen- SMALLPOX VACCINE BILL themselves at personal risk. Public sion calendar. OPPOSED BY FIRST RESPONDERS health experts and first responders tell Later today, we will take up the leg- The SPEAKER pro tempore. Pursu- us this bill falls short in fundamental islation and will be addressing the mat- ant to the order of the House of Janu- ways. ter of smallpox vaccine compensation. ary 7, 2003, the gentleman from Ohio Funding for the program is not guar- It goes without saying that during the (Mr. BROWN) is recognized during morn- anteed. A linchpin in any compensa- past week, with tragic incidents of ing hour debates for 5 minutes. tion program is guaranteed funding. death as a result, some serious con- Mr. BROWN of Ohio. Mr. Speaker, Without it, the program itself is sus- cerns have been raised about the safety today we will vote on H.R. 1463, legisla- pect. The incidence, to be sure, of of this vaccine. These incidents speak tion to establish a smallpox vaccina- smallpox vaccine injury is rare. How- even more forcefully for the need to do tion compensation program. Today’s ever, in the event a serious injury oc- more research, find more information, vote should not be partisan. This bill is curs, volunteers may be out of work for and provide more screening about the supposed to respond to concerns raised an extended period of time or, in some smallpox vaccine. But if the adminis- by nurses, firefighters, police officers, tragic cases, permanently. We are ask- tration insists that America’s nurses, EMTs and other first responders; but ing first responders to volunteer for firefighters, and other first responders nurses, firefighters, and other first re- the smallpox vaccine on our behalf as must be vaccinated against this disease sponders oppose this bill. The bill is citizens. We have a compelling obliga- to provide a protection, a bioterrorism supposed to increase the number of tion to protect these volunteers and protection shield, then now more than first responders who voluntarily re- their families in the rare event of a ever it is critical that we provide the ceive a smallpox vaccine. vaccine injury. It is indefensible to peace of mind that these first respond- The bioterrorism experts who helped shortchange those police officers, ers need. Our first responders must put together the smallpox vaccine pro- nurses and firefighter volunteers, those know that in the event of an adverse or gram say H.R. 1463 simply will not who have volunteered for the smallpox even fatal reaction, their needs and the work. It will not improve participation vaccine. rates. So the choice that both Repub- The compensation is neither flexible needs of their families will be taken licans and Democratic Members of nor adequate. H.R. 1463 invokes a one- care of. Congress face is whether to dismiss the size-fits-all cap that would provide, at The overall goal of the administra- concerns of first responders, ignore the maximum, a few years’ worth of wages, tion is to make sure we are prepared advice of bioterrorism experts and vote even for a permanent disabling injury. for a possible outbreak of smallpox as for this bill anyway because the Repub- For the compensation program to part of a terrorist attack. lican leadership wants us to. In other work, covered injuries must be defined. words, do as we are told, don’t do what To meet the goals of efficiency, timeli- b 1245 is right. ness, fairness, and program integrity, But this initiative is failing. These There have been no hearings on this the compensation program must be medical and public safety professionals legislation and no opportunities for backed by an injury table. This bill is know very well the risks of this disease Members on either side to offer amend- not. and the vaccine, and few have been

VerDate Jan 31 2003 01:48 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.002 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2477 willing to step up and take it. Under- had hoped to propose provides a com- that the Senate has passed with an standably, they want to know that pensation of up to $75,000 per year, but amendment in which the concurrence they and their loved ones will be taken with no lifetime cap, and this is the of the House is requested, a bill and a care of in case something goes wrong. legislation that we ask that we be al- concurrent resolution of the House of It is not a lot to ask, but they do not lowed to debate and vote on on the the following titles: at this moment have that assurance, floor. H.R. 1307. An act to amend the Internal and these recent tragic cases show that We ask that our colleagues reject the Revenue Code of 1986 to provide a special their concerns are not unfounded. bill before us today and let us debate rule for members of the uniformed services The bottom line remains that we this measure in fairness to our first re- in determining the exclusion of gain from must pass a fair compensation plan in sponders. the sale of a principal residence and to re- order to make the smallpox vaccine store the tax exempt status of death gra- f tuity payments to members of the uniformed program more attractive and palliative RECESS services, and for other purposes. to those who are asked to be first re- H. Con. Res. 95. Concurrent resolution es- sponders and to take this protection. The SPEAKER pro tempore (Mr. tablishing the congressional budget for the That is the goal of all of us in the ADERHOLT). Pursuant to clause 12(a) of United States Government for fiscal year House today. rule I, the Chair declares the House in 2004 and setting forth appropriate budgetary The Institute of Medicine has re- recess until 2 p.m. today. levels for fiscal years 2003 and 2005 through ported that the absence of such a plan Accordingly (at 12 o’clock and 48 2013. is a major barrier to an effective vac- minutes p.m.), the House stood in re- The message also announced that the cine program; but the bill that is on cess until 2 p.m. Senate insists upon its amendment to the floor today is not going to give the concurrent resolution (H. Con. Res. f nurses, firefighters, and other first re- 95) ‘‘A concurrent resolution estab- sponders the assurances that they need b 1400 lishing the congressional budget for the United States Government for fis- to be vaccinated. It imposes unfair caps AFTER RECESS on lost wage reimbursements. It does cal year 2004 and setting forth appro- not guarantee that the promises in the The recess having expired, the House priate budgetary levels for fiscal years bill will be funded. And it will not was called to order by the Speaker pro 2003 and 2005 through 2013,’’ requests a work. tempore (Mr. PETRI) at 2 p.m. conference with the House on the dis- First responders in our communities f agreeing votes of the two Houses there- have spoken clearly. In fact, a few on, and appoints Mr. NICKLES, Mr. PRAYER hours ago we stood together on Capitol DOMENICI, Mr. GRASSLEY, Mr. GREGG, Hill as they told us what plan will The Chaplain, the Reverend Daniel P. Mr. CONRAD, Mr. HOLLINGS, and Mr. work. The House of Representatives Coughlin, offered the following prayer: SARBANES to be the conferees on the needs to listen to these people. The Lord, let our trust be in Your mercy part of the Senate. nurses are my colleagues. I served with and not in ourselves. Fix our hope in The message also announced that the them on the front lines for over 2 dec- Your love, not in our own strength or Senate has passed a bill and a concur- ades in my community in Santa Bar- ability or human resources. rent resolution of the following titles bara, California. They tell me that the If we do not trust You, everything in which the concurrence of the House House should reject this bill. We should can lead to destruction, confusion and is requested: pass this legislation that the gen- chaos. We will have only ourselves to S. 330. An act to further the protection and tleman from California (Mr. WAXMAN) blame. There will be nowhere to bury recognition of veterans’ memorials, and for and I have crafted with our colleagues our failure or shame. other purposes. and with our first responders’ input, If we trust in You everything will be- S. Con. Res. 30. Concurrent resolution ex- again, the goal being that the Presi- come for us strength, inspiration, and pressing the sense of Congress to commend be filled with meaning. and express the gratitude of the United dent wants our first responders to be States to the nations participating with the prepared in the event of a smallpox at- Everything will lead to another dis- United States in the Coalition to Disarm tack, and we want to help them. But covery of You in our midst and Your Iraq. kingdom of peace and freedom at last. this bill and the efforts to block alter- f native proposals are simply making Lord, do not let us deceive ourselves. our nurses, our firefighters, and our Place our trust in You, now and for- HONORING CHARLES T. COLE, JR. other first responders feel even more ever. Amen. (Mr. WILSON of South Carolina uncomfortable about stepping up and f asked and was given permission to ad- volunteering to take this vaccine. dress the House for 1 minute and to re- The bill before us today provides a THE JOURNAL vise and extend his remarks.) $262,000 lifetime cap at $50,000 per year. The SPEAKER pro tempore. The Mr. WILSON of South Carolina. Mr. This could perhaps in some instances Chair has examined the Journal of the Speaker, no one has been more last only 5 years. Consider this: as last day’s proceedings and announces civically active in the Midlands of someone who perhaps is the bread earn- to the House his approval thereof. South Carolina than Charlie Cole, who er for their family, perhaps the sole Pursuant to clause 1, rule I, the Jour- was recently honored as the 2003 Am- support for their children, who weighs nal stands approved. bassador of the Year by the Greater Co- this compensation package against the f lumbia Chamber of Commerce. risks, albeit small, but if they are, they Charlie Cole, who is the Regional could be devastating, and to know that PLEDGE OF ALLEGIANCE President of Wachovia Bank, is pas- is the bottom line that is going to be The SPEAKER pro tempore. Will the sionate about business and community offered under this legislation and with gentleman from South Carolina (Mr. development. Charlie serves as chair- that no guarantee that the funding will WILSON) come forward and lead the man, on the board, or as a member of be there year after year as more and House in the Pledge of Allegiance. over a dozen community organizations. more first responders are asked to take Mr. WILSON of South Carolina led Not content to just have his name on this extra step. the Pledge of Allegiance as follows: these committees, Charlie has taken an As a contrast, our alternative pro- I pledge allegiance to the Flag of the active leadership role, as he helped vides nurses and first responders with United States of America, and to the Repub- raise half a million dollars for the Ju- the confidence they need because it lic for which it stands, one nation under God, venile Diabetes Research Foundation guarantees that the funding will be indivisible, with liberty and justice for all. over the past year. there for them. If it is a small number f Charlie is a retired lieutenant colo- who are at risk, as the administration nel in the United States Army Re- and as the Centers for Disease Control MESSAGE FROM THE SENATE serves, and a dedicated elder at say, then we should be generous with A message from the Senate by Mr. Eastminster Presbyterian Church. His these people. The alternative that we Monahan, one of its clerks, announced acts of generosity and kindness have

VerDate Jan 31 2003 23:47 Mar 31, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.005 H31PT1 H2478 CONGRESSIONAL RECORD — HOUSE March 31, 2003 endeared him to his neighbors, and ‘‘PART C—SMALLPOX EMERGENCY PERSONNEL ‘‘SEC. 262. DETERMINATION OF ELIGIBILITY AND Charlie Cole stands as a wonderful role PROTECTION BENEFITS. ‘‘(a) IN GENERAL.—The Secretary shall es- model of community involvement. ‘‘SEC. 261. DEFINITIONS. In conclusion, God bless our troops. tablish procedures for determining, as appli- ‘‘For purposes of this part: cable with respect to an individual— f ‘‘(1) VACCINE.—The term ‘vaccine’ or ‘‘(1) whether the individual is an eligible RECOGNIZING CHILDHELP USA ‘smallpox vaccine’ means vaccinia (small- individual; AND NATIONAL DAY OF HOPE pox) vaccines, including the Dryvax vaccine. ‘‘(2) whether an eligible individual has sus- ‘‘(2) COVERED INDIVIDUAL.—The term ‘cov- tained a covered injury or injuries for which (Mrs. BLACKBURN asked and was ered individual’ means an individual— medical benefits or compensation may be given permission to address the House ‘‘(A) who is a health care worker, law en- available under sections 264 and 265, and the for 1 minute and to revise and extend forcement officer, firefighter, security per- amount of such benefits or compensation; her remarks.) sonnel, emergency medical personnel, other ‘‘(3) whether the covered injury or injuries Mrs. BLACKBURN. Mr. Speaker, public safety personnel, or support personnel of an eligible individual constitute a com- each day in the United States more for such occupational specialities; pensable disability, or caused the individ- than three children die from abuse at ‘‘(B) who is or will be functioning in a role ual’s death, for purposes of benefits under section 266. the hands of a family member. Most identified in a State, local, or Department of Health and Human Services smallpox emer- ‘‘(b) COVERED INDIVIDUALS.—The Secretary are under the age of 6. However, there gency response plan approved by the Sec- is hope. Childhelp USA is an organiza- may accept a certification, by a Federal, retary; and State, or local government entity or private tion that is working hard to assist vic- ‘‘(C) to whom a vaccine is administered health care entity participating in the ad- tims of neglect and abuse. pursuant to such approved plan— ministration of covered countermeasures Childhelp USA has many centers ‘‘(i) during the effective period of the Dec- under the Declaration, that an individual is across the country, one of which is in laration (including the portion of such period a covered individual. before the enactment of this part); and Tennessee. And in November, Childhelp ‘‘(c) CRITERIA FOR REIMBURSEMENT.— ‘‘(ii) not later than the latest of— USA Tennessee assembled the coun- ‘‘(1) INJURIES SPECIFIED IN INJURY TABLE.— ‘‘(I) 180 days after the effective date of the In any case where an injury or other adverse try’s first Mobile Children’s Advocacy initial interim final regulations imple- effect specified in the injury table estab- Center. For the first time it allows pro- menting this part; lished under section 263 as a known effect of fessional Childhelp staff to reach out to ‘‘(II) 120 days after becoming an individual a vaccine manifests in an individual within abused children in the rural parts of in an occupation described in subparagraph the time period specified in such table, such our State. The 40-foot mobile center is (A); or injury or other effect shall be presumed to ‘‘(III) 120 days after becoming an individual outfitted with medical exam and play have resulted from administration of such identified as a member of a smallpox emer- therapy rooms as well as professional vaccine. gency response plan described in subpara- staff. ‘‘(2) OTHER DETERMINATIONS.—In making graph (B). In conjunction with National Child determinations other than those described in ‘‘(3) COVERED INJURY.—The term ‘covered paragraph (1) as to the causation or severity Abuse Prevention Month, Childhelp has injury’ means an injury, disability, illness, of an injury, the Secretary shall employ a initiated the National Day of Hope to condition, or death (other than a minor in- preponderance of the evidence standard and be held on Wednesday, April 2. On this jury such as minor scarring or minor local take into consideration all relevant medical day Childhelp requests that each per- reaction) determined, pursuant to the proce- and scientific evidence presented for consid- dures established under section 262, to have son take 3 minutes to pause and re- eration, and may obtain and consider the been sustained by an individual as the direct member that three children die each views of qualified medical experts. day from abuse. result of— ‘‘(A) administration to the individual of a ‘‘(d) DEADLINE FOR FILING REQUEST.—The f vaccine during the effective period of the Secretary shall not consider any request for ANNOUNCEMENT BY THE SPEAKER Declaration; or a benefit under this part with respect to an individual, unless— PRO TEMPORE ‘‘(B) accidental vaccinia inoculation of the individual in circumstances in which— ‘‘(1) in the case of a request based on the The SPEAKER pro tempore. Pursu- ‘‘(i) the vaccinia is contracted during the administration of the vaccine to the indi- ant to clause 8 of rule XX, the Chair effective period of the Declaration or within vidual, the individual provides notice to the will postpone further proceedings 30 days after the end of such period; Secretary of an adverse effect of the vaccina- today on motions to suspend the rules ‘‘(ii) smallpox vaccine has not been admin- tion not later than one year after the date of on which a recorded vote or the yeas istered to the individual; and administration of the vaccine; or ‘‘(2) in the case of a request based on acci- and nays are ordered, or on which the ‘‘(iii) the individual has resided with, or has been in contact with, an individual who dental vaccinia inoculation, the individual vote is objected to under clause 6 of is (or who was accidentally inoculated by) a provides notice to the Secretary of an ad- rule XX. covered individual. verse effect of such vaccination not later Record votes on postponed questions ‘‘(4) DECLARATION.—The term ‘Declaration’ than two years after the date of the first will be taken after 6 p.m. today. means the Declaration Regarding Adminis- symptom or manifestation of onset of the ad- verse effect. f tration of Smallpox Countermeasures issued by the Secretary on January 24, 2003, and ‘‘(e) REVIEW OF DETERMINATION.— SMALLPOX EMERGENCY PER- published in the Federal Register on January ‘‘(1) SECRETARY’S REVIEW AUTHORITY.—The SONNEL PROTECTION ACT OF 28, 2003. Secretary may review a determination under 2003 ‘‘(5) EFFECTIVE PERIOD OF THE DECLARA- this section at any time on the Secretary’s TION.—The term ‘effective period of the Dec- own motion or on application, and may af- Mr. TAUZIN. Mr. Speaker, I move to laration’ means the effective period specified suspend the rules and pass the bill firm, vacate, or modify such determination in the Declaration, unless extended by the in any manner the Secretary deems appro- (H.R. 1463) to provide benefits for cer- Secretary. priate. tain individuals with injuries resulting ‘‘(6) ELIGIBLE INDIVIDUAL.—The term ‘eligi- ‘‘(2) JUDICIAL AND ADMINISTRATIVE RE- from administration of a smallpox vac- ble individual’ means an individual who is VIEW.—No court of the United States, or of cine, and for other purposes. (as determined in accordance with section any State, District, territory or possession The Clerk read as follows: 262)— thereof, shall have subject matter jurisdic- ‘‘(A) a covered individual who sustains a H.R. 1463 tion to review, whether by mandamus or oth- covered injury in the manner described in erwise, any action by the Secretary under Be it enacted by the Senate and House of Rep- paragraph (3)(A); or this section. No officer or employee of the resentatives of the United States of America in ‘‘(B) an individual who sustains a covered United States shall review any action by the Congress assembled, injury in the manner described in paragraph Secretary under this section (unless the SECTION 1. SHORT TITLE. (3)(B). President specifically directs otherwise). This Act may be cited as the ‘‘Smallpox ‘‘(7) SMALLPOX EMERGENCY RESPONSE ‘‘SEC. 263. SMALLPOX VACCINE INJURY TABLE. Emergency Personnel Protection Act of PLAN.—The term ‘smallpox emergency re- 2003’’. sponse plan’ or ‘plan’ means a response plan ‘‘(a) SMALLPOX VACCINE INJURY TABLE.— SEC. 2. SMALLPOX EMERGENCY PERSONNEL detailing actions to be taken in preparation ‘‘(1) ESTABLISHMENT REQUIRED.—The Sec- PROTECTION. for a possible smallpox-related emergency retary shall establish by interim final regu- Title II of the Public Health Service Act during the period prior to the identification lation a table identifying adverse effects (in- (42 U.S.C. 202 et seq.) is amended by adding of an active case of smallpox either within or cluding injuries, disabilities, illnesses, condi- at the end the following part: outside the United States. tions, and deaths) that shall be presumed to

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result from the administration of (or expo- or exceeds the rate specified in subsection ‘‘(3) EXCEPTION IN THE CASE OF A LIMITATION sure to) a smallpox vaccine, and the time pe- (b)(1). ON APPROPRIATIONS FOR DISABILITY BENEFITS riod in which the first symptom or mani- ‘‘(2) NO BENEFITS FOR DEATH OR PERMANENT UNDER PSOB.—In the event that disability festation of onset of each such adverse effect AND TOTAL DISABILITY.—No payment shall be benefits available to an eligible individual must manifest in order for such presumption made under this section in compensation for under the PSOB program are reduced be- to apply. loss of employment income subsequent to cause of a limitation on appropriations, and ‘‘(2) AMENDMENTS.—The Secretary may the receipt by an eligible individual (or his such reduction would affect the amount that amend by regulation the table established survivor or survivors) of benefits under sec- would be payable under paragraph (1) or (2) under paragraph (1). Amendments shall tion 266 for death or permanent and total without regard to this paragraph, benefits apply retroactively to claims pending at the disability. shall be available under subsection (a) or (b) time of promulgation of final amending reg- ‘‘(3) LIMIT ON TOTAL BENEFITS.—Total bene- to the extent necessary to ensure that such ulations and to claims filed subsequently. If fits paid to an individual under this section individual (or his survivor or survivors) re- the effect of such amendment is to permit an shall not exceed $50,000 for any year, and the ceives a total amount equal to the amount individual who was not, before such amend- lifetime total of such benefits for the indi- described in subsection (c). ment, eligible for compensation under this vidual may not exceed an amount equal to ‘‘(f) REFERENCES.—References in this sec- part, such individual may file a request for the amount authorized to be paid under sec- tion— compensation or file an amended request for tion 266. ‘‘(1) to the Public Safety Officers’ Benefits such compensation not later than one year ‘‘(4) WAITING PERIOD.—An eligible indi- Program or PSOB are references to the pro- after the effective date of such amendment vidual shall not be provided compensation gram under part L, subpart 1 of title I of the in the case of an individual to whom the vac- under this section for the first 5 work days of OCCSSA; and cine was administered and two years in the disability. ‘‘(2) to the OCCSSA are to the Omnibus case of a request for compensation based on ‘‘SEC. 266. PAYMENT FOR DEATH AND PERMA- Crime Control and Safe Streets Act of 1968 accidental vaccinia inoculation. NENT, TOTAL DISABILITY. (42 U.S.C. 3796 et seq.). ‘‘(a) BENEFIT FOR PERMANENT AND TOTAL ‘‘SEC. 264. MEDICAL BENEFITS. ‘‘SEC. 267. ADMINISTRATION. DISABILITY.—The Secretary shall pay to an ‘‘(a) ADMINISTRATION BY AGREEMENT WITH ‘‘(a) IN GENERAL.—Subject to the suc- eligible individual who is determined to have OTHER AGENCY OR AGENCIES.—The Secretary ceeding provisions of this section, the Sec- a covered injury or injuries meeting the defi- retary shall make payment or reimburse- nition of disability in section 216(i) of the So- may administer any or all of the provisions ment for medical items and services as rea- cial Security Act (42 U.S.C. 416(i)) an amount of this part through Memorandum of Agree- sonable and necessary to treat a covered in- determined under subsection (c), in the same ment with the head of any appropriate Fed- jury of an eligible individual. The Secretary manner as disability benefits are paid pursu- eral agency. may consider the Federal Employees Com- ant to the PSOB program in section 1201(b) ‘‘(b) REGULATIONS.—The head of the agency pensation Act (5 U.S.C. 8103) and its imple- of the OCCSSA with respect to an eligible administering this part or provisions thereof menting regulations in determining the public safety officer (except that payment (including any agency head administering amount of such payment and the cir- shall be made to the parent or legal guard- such Act or provisions through a Memo- cumstances under which such payments are ian, in the case of an eligible individual who randum of Agreement under subsection (a)) reasonable and appropriate. is a minor or is subject to legal guardian- may promulgate such implementing regula- ‘‘(b) BENEFITS SECONDARY TO OTHER COV- ship). tions as may be found necessary and appro- ERAGE.—Payment or reimbursement for serv- ‘‘(b) DEATH BENEFIT.—The Secretary shall priate. Initial implementing regulations may ices or benefits under subsection (a) shall be pay, in the case of an eligible individual be interim final regulations. secondary to any obligation of the United whose death is determined to have resulted ‘‘SEC. 268. PARTICIPANT EDUCATION REGARDING States or any third party (including any from a covered injury or injuries, a death SMALLPOX EMERGENCY RESPONSE State or local governmental entity, private benefit in the amount determined under sub- PLANS. insurance carrier, or employer) under any section (c) to the survivor or survivors in the ‘‘In reviewing State, local, or Department other provision of law or contractual agree- same manner as death benefits are paid pur- of Health and Human Services smallpox ment, to pay for or provide such services or suant to PSOB program in section 1201 of the emergency response plans described in sec- benefits. The Secretary shall have the dis- OCCSSA with respect to an eligible deceased tion 261, the Secretary shall ensure that such cretion to establish mechanisms and proce- (except that in the case of an eligible indi- plans are consistent with guidelines of the dures for providing the secondary benefits vidual who is a minor with no living parent, Centers for Disease Control and Prevention under this section. the legal guardian shall be considered the with respect to the education of individual survivor in the place of the parent). ‘‘SEC. 265. COMPENSATION FOR LOST EMPLOY- participants (including information as to the ENEFIT MOUNT MENT INCOME. ‘‘(c) B A .— voluntary nature of the program and the ‘‘(1) IN GENERAL.—The amount of the dis- ‘‘(a) IN GENERAL.—Subject to the suc- availability of potential benefits under this ability or death benefit under subsection (a) ceeding provisions of this section, the Sec- part), and the adequate screening of individ- or (b) in a fiscal year shall equal the amount retary shall provide compensation to an eli- uals for vaccine contraindications. of the comparable benefit calculated under gible individual for loss of employment in- ‘‘SEC. 269. AUTHORIZATION OF APPROPRIATIONS. the PSOB in such fiscal year, without regard come incurred as a result of a covered injury, ‘‘For the purpose of carrying out this part, to any reduction attributable to a limitation at the rate specified in subsection (b). there are authorized to be appropriated such on appropriations, but subject to paragraph ‘‘(b) AMOUNT OF COMPENSATION.— sums as may be necessary for each of the fis- (2). ‘‘(1) IN GENERAL.—Compensation under this cal years 2003 through 2007, to remain avail- ‘‘(2) REDUCTION FOR PAYMENTS FOR LOST EM- section shall be at the rate of 66 2/3 percent able until expended, including administra- PLOYMENT INCOME.—The amount of the ben- of monthly employment income, except that efit as determined under paragraph (1) shall tive costs and costs of provision and pay- such percentage shall be 75 percent in the be reduced by the total amount of any bene- ment of benefits. The Secretary’s payment of case of an individual who has one or more de- fits paid under section 265 with respect to any benefit under section 264, 265, or 266 shall pendents. The Secretary may consider the lost employment income. be subject to the availability of appropria- Federal Employees Compensation Act (5 ‘‘(d) BENEFIT IN ADDITION TO MEDICAL BEN- tions under this section. U.S.C. 8114 and 8115) and its implementing EFITS.—A benefit under this section shall be ‘‘SEC. 270. RELATIONSHIP TO OTHER LAWS. regulations in determining the amount of in addition to any amounts received by an ‘‘Except as explicitly provided herein, such payment and the circumstances under eligible individual under section 264. nothing in this part shall be construed to which such payments are reasonable and ap- ‘‘(e) LIMITATIONS.— override or limit any rights an individual propriate. ‘‘(1) DISABILITY BENEFITS.—Except as pro- may have to seek compensation, benefits, or ‘‘(2) TREATMENT OF SELF-EMPLOYMENT IN- vided in paragraph (3), no benefit is payable redress under any other provision of Federal COME.—For purposes of this section, the term under subsection (a) with respect to the dis- or State law.’’. ‘employment income’ includes income from ability of an eligible individual if— SEC. 3. AMENDMENTS TO PROVISION REGARDING self-employment. ‘‘(A) a disability benefit is paid or payable TORT LIABILITY FOR ADMINISTRA- ‘‘(c) LIMITATIONS.— with respect to such individual under the TION OF SMALLPOX COUNTER- ‘‘(1) BENEFITS SECONDARY TO OTHER COV- PSOB; or MEASURES. ERAGE.—Any compensation under subsection ‘‘(B) a death benefit is paid or payable with (a) AMENDMENT TO ACCIDENTAL VACCINIA (a) shall be secondary to the obligation of respect to such individual under subsection INOCULATION PROVISION.—Section the United States or any third party (includ- (b) or the PSOB. 224(p)(2)(C)(ii)(II) of such Act (42 U.S.C. ing any State or local governmental entity, ‘‘(2) DEATH BENEFITS.—No benefit is pay- 233(p)(2)(C)(ii)(II)) is amended by striking private insurance carrier, or employer), able under subsection (b) with respect to the ‘‘resides or has resided with’’ and inserting under any other law or contractual agree- death of an eligible individual if— ‘‘has resided with, or has had contact with,’’. ment, to pay compensation for loss of em- ‘‘(A) a disability benefit is paid with re- (b) DEEMING ACTS AND OMISSIONS TO BE ployment income and shall not be made to spect to such individual under subsection (a) WITHIN SCOPE OF EMPLOYMENT.—Section the extent that compensation for loss of em- or the PSOB; or 224(p)(2) of such Act (42 U.S.C. 233(p)(2)) is ployment income has been made under such ‘‘(B) a death benefit is paid or payable with amended by adding at the end the following other obligations in an amount that equals respect to such individual under the PSOB. new subparagraph:

VerDate Jan 31 2003 23:47 Mar 31, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.003 H31PT1 H2480 CONGRESSIONAL RECORD — HOUSE March 31, 2003 ‘‘(D) ACTS AND OMISSIONS DEEMED TO BE ‘‘(IV) an evaluation was made of whether Louisiana (Mr. TAUZIN) and the gentle- WITHIN SCOPE OF EMPLOYMENT.— the administration of a countermeasure was woman from California (Mrs. CAPPS) ‘‘(i) IN GENERAL.—In the case of a claim effective;’’; each will control 20 minutes. arising out of alleged transmission of (3) in clause (iii) by striking ‘‘or’’; The Chair recognizes the gentleman vaccinia from an individual described in (4) by striking clause (iv) and inserting the clause (ii), acts or omissions by such indi- following: from Louisiana (Mr. TAUZIN). vidual shall be deemed to have been taken ‘‘(iv) a State, a political subdivision of a GENERAL LEAVE within the scope of such individual’s office or State, or an agency or official of a State or Mr. TAUZIN. Mr. Speaker, I ask employment for purposes of— of such a political subdivision, if such State, unanimous consent that all Members ‘‘(I) subsection (a); and subdivision, agency, or official has estab- may have 5 legislative days within ‘‘(II) section 1346(b) and chapter 171 of title lished requirements, provided policy guid- which to revise and extend their re- 28, United States Code. ance, supplied technical or scientific advice marks and include extraneous material ‘‘(ii) INDIVIDUALS TO WHOM DEEMING AP- or assistance, or otherwise supervised or ad- on the bill, H.R. 1463. PLIES.—An individual is described by this ministered a program with respect to admin- clause if— istration of such countermeasures; The SPEAKER pro tempore. Is there ‘‘(I) vaccinia vaccine was administered to ‘‘(v) in the case of a claim arising out of al- objection to the request of the gen- such individual as provided by subparagraph leged transmission of vaccinia from an indi- tleman from Louisiana? (B); and vidual— There was no objection. ‘‘(II) such individual was within a category ‘‘(I) the individual who allegedly trans- Mr. TAUZIN. Mr. Speaker, I yield of individuals covered by a declaration under mitted the vaccinia, if vaccinia vaccine was myself 5 minutes. subparagraph (A)(i).’’. administered to such individual as provided Mr. Speaker, I rise today to urge all (c) EXHAUSTION; EXCLUSIVITY; OFFSET.— by paragraph (2)(B) and such individual was Members to support H.R. 1463, the Section 224(p)(3) of such Act (42 U.S.C. within a category of individuals covered by a Smallpox Emergency Personnel Pro- declaration under paragraph (2)(A)(i); or 233(p)(3)) is amended to read as follows: tection Act of 2003, a critical bill intro- ‘‘(3) EXHAUSTION; EXCLUSIVITY; OFFSET.— ‘‘(II) an entity that employs an individual ‘‘(A) EXHAUSTION.— described by clause (I) or where such indi- duced by the vice chairman of the Com- ‘‘(i) IN GENERAL.—A person may not bring a vidual has privileges or is otherwise author- mittee on Energy and Commerce, the claim under this subsection unless such per- ized to provide health care; gentleman from North Carolina (Mr. son has received a determination about rem- ‘‘(vi) an official, agent, or employee of a BURR). edies available under section 262. person described in clause (i), (ii), (iii), or In January of this year, our HHS Sec- ‘‘(ii) TOLLING OF STATUTE OF LIMITATIONS.— (iv); retary Tommy Thompson called on The time limit for filing a claim under this ‘‘(vii) a contractor of, or a volunteer work- health personnel and emergency re- subsection, or for filing an action based on ing for, a person described in clause (i), (ii), sponders from across the Nation to join such claim, shall be tolled during the pend- or (iv), if the contractor or volunteer per- ency of a determination by the Secretary forms a function for which a person de- smallpox emergency response teams in under section 262. scribed in clause (i), (ii), or (iv) is a covered order to ensure that our country was ‘‘(iii) CONSTRUCTION.—This subsection shall person; or better prepared to deal with any out- not be construed as superseding or otherwise ‘‘(viii) an individual who has privileges or break of this deadly disease caused by affecting the application of a requirement, is otherwise authorized to provide health terrorists or rogue regimes such as under chapter 171 of title 28, United States care under the auspices of an entity de- Iraq. These patriots have been asked to Code, to exhaust administrative remedies. scribed in clause (ii) or (v)(II).’’. volunteer to get the smallpox vaccine (g) AMENDMENT TO DEFINITION OF QUALIFIED ‘‘(B) EXCLUSIVITY.—The remedy provided now so that they can administer the by subsection (a) shall be exclusive of any PERSON.—Section 224(p)(7)(C) of such Act (42 other civil action or proceeding for any U.S.C. 233(p)(7)(C)) is amended— vaccine to the public should the need claim or suit this subsection encompasses, (1) by designating ‘‘is authorized to’’ and arise. Since then, roughly 25,000 Amer- except for a proceeding under part C of this all that follows as clause (i) and indenting ican volunteers have indeed volun- title. accordingly; teered for this vaccine. ‘‘(C) OFFSET.—The value of all compensa- (2) by striking ‘‘individual who’’ and in- These health personnel and emer- tion and benefits provided under part C of serting ‘‘individual who—’’; and gency responders are indeed to be sa- this title for an incident or series of inci- (3) by striking the period and inserting ‘‘; luted for their service to the country. dents shall be offset against the amount of or However, we do not need tens of thou- ‘‘(ii) is otherwise authorized by the Sec- an award, compromise, or settlement of sands of Americans to respond, we need money damages in a claim or suit under this retary to administer such countermeasure.’’. subsection based on the same incident or se- (h) DEFINITION OF ‘‘ARISING OUT OF ADMIN- hundreds of thousands, if not millions; ries of incidents.’’. ISTRATION OF A COVERED COUNTER- and we need these many, many Ameri- (d) REQUIREMENT TO COOPERATE WITH MEASURE’’.—Section 224(p)(7) of such Act (42 cans, health personnel, and emergency UNITED STATES.—Section 224(p)(5) of such U.S.C. 233(p)(7)) is amended by adding at the first responders to heed the Secretary’s Act (42 U.S.C. 233(p)(5)) is amended in the end the following new subparagraph: call. caption by striking ‘‘DEFENDANT’’ and insert- ‘‘(D) ARISING OUT OF ADMINISTRATION OF A The legislation before us today, ing ‘‘COVERED PERSON’’. COVERED COUNTERMEASURE.—The term ‘aris- which was requested by the adminis- (e) AMENDMENT TO DEFINITION OF COVERED ing out of administration of a covered coun- termeasure’, when used with respect to a tration, provides incentive for such in- COUNTERMEASURE.—Section 224(p)(7)(A)(i)(II) dividuals to roll up their sleeves and of such Act (42 U.S.C. 233(p)(7)(A)(i)(II)) is claim or liability, includes a claim or liabil- amended to read as follows: ity arising out of— get a shot. The bill does a number of ‘‘(II) used to control or treat the adverse ‘‘(i) determining whether, or under what important things: effects of vaccinia inoculation or of adminis- conditions, an individual should receive a First, it provides for a total dis- tration of another covered countermeasure; covered countermeasure; ability and death benefit equal to the and’’. ‘‘(ii) obtaining informed consent of an indi- amount payable under the Public Safe- vidual to the administration of a covered (f) AMENDMENT TO DEFINITION OF COVERED ty Officers Benefit, the PSOB, the ex- countermeasure; PERSON.—Section 224(p)(7)(B) of such Act (42 isting Federal program that currently U.S.C. 233(p)(7)(B)) is amended— ‘‘(iii) monitoring, management, or care of an immediate site of administration on the pays $262,000 in a lump sum, indexed for (1) by striking ‘‘includes any person’’ and inflation, to public safety officers who inserting ‘‘means a person’’; body of a covered countermeasure, or evalua- (2) in clause (ii)— tion of whether the administration of the are killed or totally disabled in the (A) by striking ‘‘auspices’’ and inserting countermeasure has been effective; or line of duty. ‘‘auspices—’’; ‘‘(iv) transmission of vaccinia virus by an Given the sacrifice that we are ask- (B) by redesignating ‘‘such counter- individual to whom vaccinia vaccine was ad- ing from these smallpox volunteers, a measure’’ and all that follows as clause (I) ministered as provided by paragraph (2)(B).’’. small number of whom may indeed suf- and indenting accordingly; and (i) TECHNICAL CORRECTION.—Section 224(p)(2)(A)(ii) of such Act (42 U.S.C. fer severe adverse reactions which (C) by adding at the end the following: could include death, it makes sense to ‘‘(II) a determination was made as to 233(p)(2)(A)(ii)) is amended by striking ‘‘para- graph (8)(A)’’ and inserting ‘‘paragraph provide these similar benefits. whether, or under what circumstances, an But this bill goes further than the individual should receive a covered counter- (7)(A)’’. (j) EFFECTIVE DATE.—This section shall measure; PSOB. It also provides coverage for all take effect as of November 25, 2002. ‘‘(III) the immediate site of administration reasonable and necessary medical ex- on the body of a covered countermeasure was The SPEAKER pro tempore. Pursu- penses that are incurred by individuals monitored, managed, or cared for; or ant to the rule, the gentleman from who are vaccinated and suffer adverse

VerDate Jan 31 2003 23:47 Mar 31, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.003 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2481 effects, to the extent that such ex- sure that we have the people available, It would recognize and compensate the penses are not picked up by their own ready to vaccinate all of America if, longer-term loss of wages that could individual primary health insurance. God forbid, the worst should happen result from such an adverse effect, and The bill provides also lost employment and we suffer a smallpox attack. it would allow families who lose their income if an individual misses more Mr. Speaker, I reserve the balance of main source of income because of the than 5 days of work due to adverse ef- my time. vaccine that they be fully compensated fects of the vaccine. Under this benefit, Mrs. CAPPS. Mr. Speaker, I yield for their loss. the individual could receive up to 75 myself such time as I may consume. This bill would tell nurses that if percent of his monthly salary and up to Mr. Speaker, this is an important they take this risk and serve their $50,000 a year in supplemental wages issue, important to the health and safe- country that their families will not be capped at the maximum amount of the ty of our Nation. left without resources or hope. Ulti- PSO death benefit. Recent tragedies in the health care mately, the risk of adverse effects is It is important to emphasize that the community have underscored the need low. Perhaps 200 people out of the 10 death and total disability benefits are for us to address it and pass a robust million that we want to vaccinate additive to any other death or dis- compensation package for victims. The could be affected, but it is so important ability benefit the individual is already President has called for America’s that we provide the assurance that if a entitled to under Social Security, nurses, firefighters, and other first re- person is one of those 200 people they under State and local government, sponders to be vaccinated against will be compensated adequately. under employers, or under private in- smallpox. Ensuring our frontline Congress now has before it the oppor- surance plans. And the lost wage in- health care responders are resistent to tunity to instill, first, confidence in come under this program, while sec- smallpox would enhance our ability to our first responders and truly prepare ondary to other similar benefits the respond to an attack resulting from us for the possible nightmare of a person may have, supplements those this kind of an outbreak. But this ini- smallpox outbreak. The administration benefits to the extent the Federal pro- tiative is failing, and to make the pro- has been disappointed thus far in the gram is more generous. For example, gram work we need to guarantee our turnout for the vaccine. If the wrong many States and employers have much first responders that they and their kind of legislation is passed, the turn- lower annual and lifetime caps on families will be compensated if they out runs the risk of remaining small, workers’ compensation benefits, which are harmed or killed by the vaccine. thus, not meeting the goal of the ad- means the higher Federal figures in our If the administration insists that ministration. If this bill before us is not effective, bill would supplement those other ben- these people be vaccinated against the this is our opportunity to fix it. Let us efits. disease, then now more than ever it is take the time to get it right so that we And finally, the legislation provides critical that we provide the peace of can create this shield against a bioter- most sensible and noncontroversial mind that these frontline people de- rorist attack in the form of smallpox. technical amendments to last year’s serve and need. They do not want hand- I urge my colleagues to support their Homeland Security Bill to provide bet- outs. They just want to know that if first responders, to protect America ter liability protections to the hos- something happens to them, they and from the threat of smallpox. Defeat pitals, doctors, nurses, and public their families will be taken care of. It this bill. Let us take the time to get health officials at the State and local is not too much to ask. But I can tell this right. levels who we are asking to participate you that the bill before us, as it is cur- Mr. Speaker, I reserve the balance of in this most important program. rently drafted, will not provide that my time. I must say I am disappointed, how- level of assurance. Mr. TAUZIN. Mr. Speaker, I am ever, that despite the good faith efforts Before I came to Congress I worked pleased to yield 5 minutes to the gen- on both sides of the aisle, and they as a public health nurse for many tleman from Ohio (Mr. BOEHNER), the have been good faith efforts, we are not years. These are my colleagues that we distinguished chairman of the Com- able to reach a bipartisan agreement are speaking of. And I know what it is mittee on Education and the Work- on the package. I strongly disagree like to be on the front line. If you will force. that there should be any doubt as to not take my word for it, listen to the Mr. BOEHNER. Mr. Speaker, I want the commitment of the administration American Nurses Association. They to thank my colleague for yielding me or the commitment of the Congress to represent the interests of 2.7 million the time. pay these benefits to injured volun- nurses across this country, and they Mr. Speaker, I rise today in support teers as these bills become due. have heard from their members. They of this important legislation to estab- I also disagree with the notion that oppose this bill because it is insuffi- lish a compensation program for our the $262,000 caps for disability and lost cient to make the program work. Nation’s emergency personnel in the wages do not in fact provide a suffi- First, the bill before us does not event they suffer complications from cient compensation package. If these guarantee that this compensation pro- smallpox vaccinations. As our United caps are good enough for our public po- gram will be funded, and without a States troops fight the battle for free- lice officers and our firefighters who guarantee of funding, nurses and other dom in Iraq, I am pleased that Con- die in the line of duty, then I submit to first responders who serve their coun- gress can contribute this important you that indeed they are good enough try and become harmed by the vaccine piece of legislation which has been for this program as well. will have no assurance that the bill’s crafted to aid in our war effort and to A few people have in fact died after promises will be kept. enhance the safety of our Nation. taking the vaccine, although we do not The face of war is changing. While know they died as a result of vaccine. b 1415 past efforts may have focused solely on But either way, we should not delay in Second, this bill puts unfair caps on the armed aggression, the new face of establishing a compensation program the wage compensation an injured war includes new threats in the form of that would help with these people, sim- nurse or other first responder can re- biological or chemical warfare. Our Na- ply because we cannot agree right now ceive. These caps would unfairly penal- tion’s armed services are not the only on whether a $262,000 figure is suffi- ize those families who lose their main ones on the front lines of this conflict, cient or not. We still need to provide, source of income. because the threat of terrorism is here we need to move forward with this in- We should reject this bill; and in- in the United States. Our emergency centive to make sure people are ade- stead, we should pass legislation such personnel, health care workers, and quately vaccinated to meet this threat. as the gentleman from California (Mr. first responders are also on those front Now, let us get the help to the people WAXMAN) and I have crafted with our lines. who need it now. If we find out down colleagues and with input with direct Health care workers, law enforce- the road that the program is inad- guidance from these first responders. ment officers, firefighters and others equate or certain respects need to be Our legislation would ensure that med- across the country are currently being changed, we can always fix it later. ical benefits and the compensation in vaccinated for smallpox. With this vac- This is an emergency. This will make this bill are funded for years to come. cine, as my colleagues have heard,

VerDate Jan 31 2003 23:47 Mar 31, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.009 H31PT1 H2482 CONGRESSIONAL RECORD — HOUSE March 31, 2003 come some risk of some workers hav- International Union of Police Associa- nurses to place themselves (as well as their ing serious reactions to the vaccine. It tions; the American Nurses Associa- patients and families) at risk for the com- is also possible, though unlikely, that tion; the International Association of mon good. The vaccination has no tangible benefits for nurses; it is sought in the name some may suffer life-threatening com- Firefighters; the American Federation of homeland security. ANA does not believe plications and even death, and fit- of Teachers; the American Federation that nurses should be made to bear this pub- tingly, this measure will provide secu- of State, County and Municipal Em- lic risk without the guarantee of a real com- rity to these workers who put their ployees; the Service Employers Na- pensation program. H.R. 1463 contains an un- own health at risk in order to help the tional Union; and the Infectious Dis- acceptable lifetime cap on wage replacement American public. ease Society of America. and fails to ensure that funds will be avail- This legislation provides an impor- able for the compensation fund. AMERICAN NURSES ASSOCIATION, ANA urges you to vote against H.R. 1463. tant backstop to ensure that workers March 28, 2003. Your no vote does not mean that you oppose and their families will be protected if DEAR REPRESENTATIVE: On behalf of the a smallpox compensation program. In fact, they suffer complications from the American Nurses Association (ANA), I urge the solid disapproval of this bill will dem- smallpox vaccine. Workers injured in you to oppose the Smallpox Emergency Per- onstrate needed support for a real smallpox the line of duty will be compensated sonnel Protection Act (H.R. 1463). This bill vaccination program, such as the Capps/Wax- does not provide adequate education, first by their employers and second by man substitute. Please feel free to call Erin prescreening, surveillance, and compensa- McKeon (202) 651–7095 or Christopher the United States Government. For tion—therefore it will not result in an in- Donnellan (202) 651–7088 on my staff with any those who may not have access to crease in the number of nurses volunteering questions regarding this letter. workers compensation and other em- for vaccinations. As this bill will be consid- Sincerely, ployer-sponsored health care, the Fed- ered under the suspension of the rules, you ROSE GONZALEZ, MPS, RN, eral Government will provide appro- will be denied the opportunity to vote in Director, Government Affairs. priate compensation. Even those work- favor of the Capps/Waxman substitute that ers who have access to employer-spon- ANA supports. INFECTIOUS DISEASES SOCIETY The ANA is the only full-service associa- OF AMERICA, sored benefits may receive additional tion representing the nation’s RNs through March 28, 2003. compensation from the smallpox fund; our 54 state and territorial constituent mem- Hon. J. DENNIS HASTERT, and as such, the bill sets a Federal ber organizations. Our members are well rep- Speaker, floor and ensures that each worker will resented in the Administration’s plan to vac- House of Representatives. be adequately compensated. cinate 10.5 million health care workers and DEAR SPEAKER HASTERT: I am writing on Under the bill, workers who might first responders. behalf of the Infectious Diseases Society of suffer a totally disabling injury or ANA supports efforts to ensure that our America (IDSA) and the 7,000 infectious dis- death as a result of the vaccine will re- nation is prepared for a possible terrorist at- eases physicians and scientists we represent tack. ANA has, since November 2002, been to thank you and other House leaders on ceive cash benefits consistent with the trying to work with the Administration to both sides of the aisle for pursuing a plan to amounts of benefits paid under the formulate a strong smallpox vaccination compensate individuals who may be injured Public Safety Officers Benefits Pro- program that will encourage nurses to volun- during the implementation of the National gram. For workers who suffer a less se- teer to be immunized. Since the Administra- Smallpox Immunization Plan (NSIP). rious injury, the bill provides com- tion’s plan was first announced, ANA has re- Over the past year, IDSA and its mem- pensation for medical expenses and the peatedly raised questions about the health bers—including those who were on the front- 2 and safety of nurses who are vaccinated, as line of smallpox eradication efforts—have loss of employment at a rate of 66 ⁄3 provided essential information to the federal percent of monthly pay, and workers well as their patients and families. ANA’s concerns have been echoed by many in the and state governments as they have prepared who have dependents will be com- public health community and reinforced by responses to a potential smallpox event. ID pensated at a rate of 75 percent month- an expert panel from the Institute of Medi- physicians will be integrally involved should ly pay; and if a worker is eligible for cine. Unfortunately, the Smallpox Emer- a bioterrorism event occur; an ID specialist less compensation than the federally gency Personnel Protection Act (H.R. 1463), discovered the first anthrax case that oc- established level, the fund will com- fails to address these questions. curred in Florida. Presently, many of our The smallpox vaccine is a live virus. It has members are working with state and local pensate the individual at the higher public health officials to oversee NSIP’s im- Federal level. the worst record of negative side effects of any vaccine in the world. It is imperative, as plementation. As chairman of the Committee on IDSA’s leaders believe strongly, as you do, a matter of public health, that those being Education and the Workforce, I am that the creation of a compensation plan is vaccinated understand the risks of the vac- essential to NSIP’s success. As the House pleased to assist in helping my col- cine to themselves and their loved ones, and moves forward next week to consider legisla- leagues at the Committee on Energy be prescreened for conditions that require and Commerce draft this legislation, tion to establish such a program, we would them to refuse the vaccine. The smallpox in- like to take this final opportunity to stress which I believe will ensure the safety oculation site can shed the live virus for up to you the expert opinion of our leaders on of health care workers and first re- to three weeks. In the 1960s, more than 20% this subject. IDSA closely reviewed the Ad- sponders. I am also particularly of the adverse vaccination events occurred in ministration’s proposal, which Congressman pleased because my committee has pri- secondary contacts. Therefore, the vaccina- Richard Burr introduced this week, H.R. mary jurisdiction over the employer- tion program poses a risk not only to nurses, 1463, as well as H.R. 865, sponsored by Con- but also to their patients and families. gressman Henry Waxman. Certain aspects of sponsored health care and workers Members of the armed services have re- compensation disability programs, the Administration’s proposal appear prom- ceived personalized education, and free and ising. However, IDSA is concerned that the which would include the Federal Em- confidential prescreening prior to the admin- Administration’s proposal does not include ployee Compensation Act, which will istration of the vaccine. This process prop- all of the elements necessary to ensure be the primary payers of the compensa- erly screened out one-third of the potential NSIP’s success. Below, we have highlighted tion. This measure will not only help recipients. The Smallpox Emergency Per- the elements that our leaders believe are our emergency personnel and first re- sonnel Protection Act fails to require a simi- critical and ask that House leaders include sponders but enhance the safety of our lar program. In addition, H.R. 1463 fails to them in whatever legislation the House require sufficient funding needed to ensure passes. Nation as well. that state and local public health officials I want to urge my colleagues to sup- One element that IDSA believes to be of can actually implement the crucial edu- primary significance to the success of NSIP port this bill. cation, prescreening, and surveillance pro- is universal eligibility. That is, all individ- Mrs. CAPPS. Mr. Speaker, I yield grams. The recent death of a Maryland uals injured as a consequence of NSIP’s im- myself such time as I may consume. nurse, a Florida nurse aide, and a National plementation should be compensated for (Mrs. CAPPS asked and was given Guardsman only underscore the need for this their injuries. Eligibility should not be permission to revise and extend her re- robust education, prescreening, and surveil- promised upon whether injured individuals marks, and include extraneous mate- lance effort. Nurses and other first respond- volunteered to participate in the program or rial.) ers will continue to feel uncomfortable about were injured as a result of a secondary trans- Mrs. CAPPS. Mr. Speaker, I insert the vaccine until they receive the reliable mission. Moreover, such eligibility should information needed to make an informed extend to individuals who present symptoms for the RECORD letters from the fol- decision. that are obviously associated with contact lowing groups which I have before me. Furthermore, H.R. 1463 contains an insuffi- vaccinia, regardless of whether they can es- These letters are written by the Amer- cient, unfunded compensation program. The tablish a link back to a specific vaccinee. Fi- ican Public Health Association; the Administration is basically asking healthy nally, an individual’s eligibility should not

VerDate Jan 31 2003 01:48 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.011 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2483 be limited by an arbitrarily established time As currently drafted, H.R. 1463 fails to ade- vaccine that they take voluntarily in limit (e.g., 180 days after interim final rule is quately provide for education and screening order to make sure that the country is published or 120 days after becoming a cov- of the workers who are being asked to re- prepared for a bioterrorist attack. ered person), but should extend throughout ceive this vaccine. As the recent death of We have tried to work with the Re- the period of time that NSIP is being imple- two nurses demonstrates, the vaccine should mented as well as for a reasonable period of not be administered to certain people. While publicans to craft legislation that all time after the last vaccination takes place. H.R. 1463 addresses compensation for people of these groups can support. However, The second essential element IDSA’s lead- who die from the vaccine, it does not contain the Republicans were unwilling to ers support is fair and adequate compensa- adequate safeguards to prevent those deaths agree to a meaningful compensation tion for all individuals who are injured as a from happening in the first place. program and have put forward H.R. consequence of NSIP’s implementation. It is In addition, we have concerns about the 1463, a bill that is opposed by every one just and right that individuals be made compensation package contained in H.R. of these groups. whole for the injuries they suffer as the re- 1463. The legislation appears to have been The issue of how to compensate peo- sult of a program being carried out under the crafted to serve as a supplement to workers auspices of national security. Under H.R. compensation, but it is far from clear that ple for smallpox vaccine injuries is 1463, compensation for medical expenses, dis- workers compensation would cover injuries only hard if someone decides to make ability, lost wages and death is modeled stemming from the vaccine. Because the it hard, and that seems to be what the after the Public Safety Officers Benefit pro- smallpox vaccination program is a voluntary House Republican leadership and the gram (PSOB). The PSOB program is designed program, state workers comp systems may Bush administration have done. The to work in conjunction with other benefit deny benefits. science is not hard. For every million programs, such as workers’ compensation For these and other reasons, we believe the people who are immunized against and health insurance and is designed pri- House should consider improvements to H.R. smallpox, one of two will die and 10 to marily to deal with death and total, perma- 1463. We therefore urge you to vote against nent disability. In the case of smallpox, H.R. 1463 under suspension, so that the House 20 will become severely ill or disabled. there are no guarantees that a person in- may have the opportunity to debate and con- The policy is not hard. If people get jured by the smallpox vaccine will be cov- sider amendments to the proposal. injured in the line of public duty, the ered by workers’ compensation or will be Sincerely, public should compensate them, and adequately insured. As a result, those in- BARRY KASINITZ, the administration has asked nurses jured as a result of NSIP may receive far less Director, Governmental Affairs. and firefighters and other first re- compensation than those PSOB currently Mr. Speaker, I yield as much time as sponders to take smallpox shots, not covers. Therefore, IDSA strongly urges Horse he may consume to the gentleman for their own good, but to protect all leaders to supplement the PSOB model found from California (Mr. WAXMAN), the Americans in case of a bioterrorist at- in H.R. 1463 to include the following criteria relating to medical expenses, disability, lost ranking member of the Committee on tack. wages and/or death: Government Reform, with a long his- The substance is not hard. A com- Guaranteed immediate medical care for all tory of concern and investigation into pensation program should be clear injured; the vaccine policy of this Nation. about what it covers. It should provide A significantly more generous compensa- Mr. WAXMAN. Mr. Speaker, I thank decent benefits if someone is disabled tion package for death than what is found in my colleague very much for yielding or killed, and it should have guaran- the H.R. 1463; me time to speak on this issue, and I Permanent disability benefit of unreim- teed funding. bursed actual wages and unreimbursed med- do so with a great deal of regret be- The law is not hard. We have a suc- ical costs not subject to any limitations; cause on the House floor today we cessful program of no-fault compensa- Payment of non-economic damages up to should be backing a bill on a bipartisan tion for children who are injured by $250,000; basis without any dissent because, vaccines. We have programs for Fed- Compensation for temporary disability, in- whether one is a Democrat or a Repub- eral workers and even Federal volun- cluding unreimbursed medical costs and un- lican, all of us want to encourage peo- teers who are disabled or killed. We reimbursed actual wages starting at day one. Finally, IDSA believes it to be essential ple in the health care and first re- even have a program for compensation that this program be authorized through sponder community to get the vaccina- of people hurt or killed on September mandatory funding mechanisms and not be tion for smallpox so they can be of 11, 2001. paid for through discretionary funding service to all of us should, God forbid, The budgeting is not hard. If every sources. there be a smallpox attack. nurse or firefighter got the average IDSA leaders are available to work with I am forced now to rise in opposition award from the September 11 fund, you and other Congressional leaders to to this bill, and I want to point out which they will not, we would only be achieve quick passage and enactment of a that the bill is on the suspension of the committing $18 to $33 million per mil- smallpox compensation plan that makes whole all individuals injured during the im- rules, which is ordinarily reserved for lion vaccinations. At most, that is plementation of President Bush’s NSIP. noncontroversial matters. As a matter 400ths of 1 percent of what the adminis- Thank you again for the leadership you have of fact, this bill is very controversial. tration has requested for the war. shown in moving this important legislation It should have been debated and consid- The process is not hard. If there is forward. Should you have any questions, ered under the rules of the House. That honest disagreement about legislation, please feel free to contact Robert J. Guidos, would have given Members an oppor- which there is, then the House should JD, IDSA’s director of public policy at 703– tunity to put forward alternatives so be allowed to debate amendments and 299–0200. that the Members of the House of Rep- make choices. This should be an easy Sincerely, resentatives could listen to a debate one, but the House leadership and the W. MICHAEL SCHELD, President. and make choices on policies. administration are making it very Instead, what we have is a suspension hard. INTERNATIONAL ASSOCIATION calendar being used to close off any op- H.R. 1463 includes a lifetime cap on OF FIRE FIGHTERS, portunity for amendments, to prevent wage assistance for injured first re- Washington, DC. March 28, 2003. alternatives from being put forward so sponders and their families. This HOUSE OF REPRESENTATIVES, our colleagues who have been duly means that the families of nurses or Washington, DC. elected in 435 districts in this country, other first responders may have to fend DEAR REPRESENTATIVE: On behalf of the nation’s more 260,000 professional fire fight- could have the right to choose what for themselves without a bread winner ers and emergency medical personnel, I re- they thought was the best policy. This after just a few years of compensation. luctantly must urge you to vote against H.R. suspension of the rules procedure is The lump-sum payment offered by H.R. 1463, the Smallpox Emergency Personnel nothing more than a gag to prevent 1463 is clearly inadequate for death or Protection Act, under suspension of the Members, Democrats and Republicans, permanent disability for a nurse who rules. from being able to make choices, which has a family to support. While we strongly endorse the need for a is what they were elected to do. A second problem is that H.R. 1463 re- comprehensive smallpox vaccination pro- The reason I oppose this bill is sub- quires that funding for the compensa- gram, H.R. 1463 contains a number of signifi- cant deficiencies. Considering this legisla- stantive. This bill will not adequately tion program be subject to the uncer- tion under suspension of the rules will pro- compensate nurses, firefighters, police tainties of the appropriations process. hibit amendments from being offered to ad- officers, and other first responders who A guaranteed funding stream is a dress these concerns. are injured by the smallpox vaccine, a linchpin of a successful and meaningful

VerDate Jan 31 2003 02:20 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.006 H31PT1 H2484 CONGRESSIONAL RECORD — HOUSE March 31, 2003 compensation program. Without it, cines in the National Vaccine Injury income without an adequate safety net for Congress is making a promise that it Compensation Program. H.R. 1463 pro- themselves and their families. While the leg- may not keep. vides far less than what Federal em- islation is premised on the assumption that A third problem with this legislation ployees receive, civilian or military, if workers will be eligible for workers’ com- pensation in the event of an injury, the re- is that it limits eligibility for com- injured under the Federal Employee ality is that, in most states, workers cannot pensation for those people who are vac- Compensation Act. And H.R. 1463 also depend on this. In fact, there are only 14 cinated within a short time period provides far less than what Members of states where it appears at all certain that after the implementation of the pro- Congress can get if injured or disabled. claims for benefits will be honored by the gram. This provision is not only vigor- If it is good enough for Members of state workers’ compensation system. ously opposed by all of the groups this body, we should not hesitate to Therefore, workers in most states who are being asked to take the vaccine but provide it to those Americans on the permanently and totally disabled will be eli- gible only for this bill’s maximum lump sum also by the State and local officials front lines of any bioterrorist attack payment of $262,100. This represents about running the vaccination program. who are protecting all Americans. We five years’ wages for the average nurse—not I genuinely do not understand why are subject to compensation without enough to sustain an individual or family the House leadership and the adminis- caps. We ought to do the same for over a lifetime. For a worker who suffers tration have decided to draw this line. those who are standing up for all partial or temporary disability, the benefit The smallpox immunization program is Americans should there be a terrorist is also capped at $262,100 over a lifetime. not working. Everyone agrees that one attack of smallpox. Health care workers and first responders who of the reasons that there is not a com- People have told us they need to have suffer injuries that limit their ability to a program that will counsel them and earn a living must be compensated at a level pensation program in place to reassure that reflects their reduced earnings capa- nurses and firefighters and other first educate them, because some people bility for the duration of their injury. If the responders, that if they are injured by should not be immunized at all. But aim of the legislation is to encourage work- the vaccine, they and their families there is no such provision for that kind ers to be vaccinated, H.R. 1463 will not do the will be provided for, and the represent- of screening mechanism, an edu- job. Workers will continue to be reluctant to atives of those organizations agree cational effort in the Republican bill, be vaccinated in the absence of assurances that the Republican bill is not enough even though it would save money be- that they will not face economic ruin should to reassure their members. cause people would not be immunized if they become injured. While the bill provides medical benefits for Those same representatives agree they knew they might be at a high the treatment of injuries or illnesses, it does that the proposals made by the gentle- risk. And people have told us that if not provide medical benefits for rehabilita- woman from California (Mrs. CAPPS) they are going to be asked to be at tion, palliative care or long term care that and some of the others of us who were risk, we ought to stand behind them. may be needed. This is a significant gap in working with her will succeed. It is The Republican bill does not stand be- health coverage for workers asked to risk very disappointing that the legislative hind these first responders. their health. process has been cut short and that the This should be negotiated on a bipar- Another significant flaw in the bill is that tisan basis, or at least let the House funding for compensation and medical bene- gentlewoman from California (Mrs. fits are not mandatory. Workers who have CAPPS) has been denied the chance, work its will. I urge our colleagues to lost their health and livelihood should not even the chance, to offer her amend- vote against this H.R. 1463, defeat it on have to wage a fight for compensation each ment. the suspension calendar and insist that year during the appropriations process. Why are the leadership and the ad- we go back and work on legislation The legislation fails to ensure that the ministration making this so hard? I do that will accomplish the purpose that smallpox program will be carried out safely, not have an answer to that question, all of us have in mind in providing leg- in stark contrast to the program in place for but I do know what we need to do next. islation for such a Smallpox Emer- military personnel. The bill does not require that health departments make medical tests, Let us defeat this bill, negotiate a rea- gency Personnel Protection Act. such as pregnancy tests, available to work- sonable one, and then move on to the Mr. Speaker, I wish to provide for the ers in order to screen out those who ought genuinely tough problems facing our RECORD two letters, one from the Serv- not to be vaccinated. The legislation also country. ice Employees International Union and fails to include requirements for monitoring I would like to respond to the com- one from the American Federation of those who are vaccinated to catch adverse parisons of H.R. 1463 with the Public State, County, and Municipal Employ- reactions before they develop into life Safety Officers Benefit program. This ees, which I think further elaborates threatening complications, similar to the was alluded to by the gentleman from on this issue. military plan. There is also no funding for state and local public health departments to Louisiana (Mr. TAUZIN). This is a false AMERICAN FEDERATION OF STATE, carry out this expensive program safely. comparison. The Public Safety Officers COUNTY AND MUNICIPAL EMPLOY- The legislation also fails to include a table Benefit program is meant to supple- EES, AFL–CIO, of injuries that ensure that workers will be ment what police officers and others Washington, DC, March 28, 2003. awarded compensation quickly. After years receive when injured in the line of DEAR REPRESENTATIVE: On behalf of the 1.3 of experience with the smallpox vaccine, million members of the American Federation there are injuries, that occur within specific duty. There are many other State and of State, County and Municipal Employees local programs that also provide com- time periods, that are known to be caused by (AFSCME), including over 360,000 health care the vaccine. This schedule of injuries must pensation. workers and first responders, we are writing be included to ensure that compensation will In contrast, H.R. 1463 is the sole to urge you to oppose H.R. 1463, introduced be quick and certain. Otherwise, workers source of compensation for many by Representative Richard Burr and sched- cannot be certain before receiving the vac- health care workers and their contacts uled on the suspension calendar for Monday, cine that the most likely serious injuries who may be injured. March 31. will qualify for compensation. H.R. 1463 would establish a deeply flawed We also object to the bill’s requirement b 1430 smallpox compensation program for health that workers receive the vaccination within And let me emphasize that point. It care workers and first responders injured by 180 days of the date regulations are issued. is not just the first responders who the smallpox vaccination. However, this leg- Any worker that is vaccinated under the islation fails to safeguard the health and may be injured, but the family mem- Secretary’s declaration must be eligible for safety of workers asked to volunteer for the federal compensation. It is punitive to deny bers who may be injured as well, by the smallpox vaccination program. Moreover, compensation to a worker who opts to par- vaccine taken by the nurse or fire- the bill fails to address the concerns of work- ticipate at a later date. fighter or police officer, because they ers who fear that a serious injury or death H.R. 1463 is deeply flawed. We strongly can be subject to injury by exposure to from the smallpox vaccine would lead to eco- urge you to oppose this bill. the person who has been immunized. nomic catastrophe for themselves and their Sincerely, A true comparison would compare families. CHARLES M. LOVELESS, H.R. 1463 with other compensation pro- While the Administration had hoped to Director of Legislation. vaccinate up to 10.5 million workers, only grams. By a true comparison, H.R. 1463 about 21,000 workers have been vaccinated March 28, 2003. is clearly not adequate. This bill pro- thus far. Clearly, there has been a great re- DEAR REPRESENTATIVE: On behalf of the 1.5 vides far less than benefits provided to luctance among health care workers and million members of the Service Employees Americans injured by childhood vac- first responders to risk the loss of health and International Union (SEIU), including over

VerDate Jan 31 2003 02:20 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.047 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2485 750,000 health care workers and first respond- There has been extraordinary nego- sponders have been vaccinated for ers, I am urging you to vote against H.R. 1463 tiations with the minority on this bill, smallpox. Of this number, Texas health because it fails to provide adequate protec- over 2 weeks of it. The administration officials report that there have been no tion to frontline workers who are volun- brought this bill to us as an emer- adverse reactions to date. teering for the smallpox vaccination pro- gram. The bill, introduced by Representative gency. It called upon us immediately A number of factors can be attrib- Richard Burr, is expected to come before the to give authority to provide these ben- uted to the slow roll-out of this vac- House for a vote as early as Monday, March efits to people who would volunteer to cination campaign, but one of the 31, and will be offered under suspension with- vaccinate American citizens in the major factors involved is first respond- out providing an opportunity to vote for a event of an attack of smallpox in this ers are hesitant to take a vaccine with stronger bill. country, which could come at any potential side effects. We must be very Since the Administration first announced time, as we know, particularly as hos- clear about the current vaccination the civilian voluntary smallpox vaccination campaign. Different people react to dif- program, SEIU has worked to protect health tilities are engaged in the Middle East care workers, first responders, their patients and Iraq. ferent medications differently. A great and the public through aggressive education, It brought it to us as an emergency majority of those who will receive this medical screening, and surveillance, and to and we took over 2 weeks to negotiate. smallpox vaccination will have no re- ensure they would have access to a good And we negotiated over a dozen action at all. A handful, however, could compensation program. Now that three peo- changes, I am told. The most impor- face complications. Some of these may ple have died and others have experienced tant change we made was to bring up be as minor as a rash. A small percent- cardiac-related problems in the days after that disability cap from $50,000 a year, age of that number could face more se- their inoculations this only reinforces the that out-of-work cap, to the same level rious health complications, such as critical need for a comprehensive program— which this legislation does not provide. we provide for policemen and firemen postvaccinial encephalitis or endo- We understand the urgency of the program, in this country. And, Mr. Speaker, I carditis. especially in this time of war. But at the would say to the gentleman from Cali- H.R. 1463 will ensure that a broad same time, frontline workers who respond to fornia (Mr. WAXMAN) that this is a sup- safety net is available for those very the call to protect other citizens in a time of plemental program, just as that pro- few individuals that may suffer from national crisis deserve the same protections gram is. It is on top of. It is full sec- an adverse reaction to the smallpox being provided to our military. To address ondary coverage of medical benefits vaccine. Under this bill, first respond- the serious gaps in this plan, it is incumbent with no deductibles. That is a lot bet- ers are provided with death and dis- upon Congress to develop bipartisan legisla- tion that encompasses the following issues: ter than most plans. It is primary lump ability benefits comparable to the ben- Aggressive medical screening, monitoring sum disability and death benefit that, efits police officers and firefighters al- and treatment—The legislation must provide under the Federal Public Safety Offi- ready have access to under the Public for a program to screen out workers with cers and Employees is equal to $262,000. Safety Officers Benefit Program. First any and all contraindicaions. Additionally, It is secondary coverage for temporary responders who have an adverse reac- medical surveillance is essential to assess and partial disability from $50,000 a tion could also qualify for lost employ- the program’s effectiveness and ensure that year, again we raised it from the ad- ment income benefits, coverage for any adverse reactions are treated before they medical expenses, and certain liability become life threatening, as evidenced by the ministration provision, all the way up recent reports of heart related problems. to the $262,000 level. It is on top of dis- protections. H.R. 1463 will give first re- Adequate compensation—Already, there ability benefits under Social Security; sponders peace of mind to do some- has been a great reluctance among health on top of the benefits available in the thing that will protect all Americans. care workers to risk injury and loss of in- State Employee or Private Disability First responders are on the front come without an adequate safety net for Benefits, and we still preserve the right lines of our war against terrorism and themselves and their families. Any com- to sue in Federal torts claim court. play a vital role in the instance of a pensation package must be retroactive and Doggone right we are behind those terrorist attack. Our enemies have cover anyone who suffers a serious reaction volunteers. Doggone right this is an shown us that they will go to any as a result of the vaccine, as well as those in- jured through close contact with a vaccine emergency. But we took 2 weeks, and I length to kill innocent men, women recipient. took it with a great deal of pain on my and children. If they ever obtain a Ful accountability—Thorough investiga- conscience because I thought every weapon as horrifying and as dev- tion of, and full disclosure of adverse events night, when we were negotiating this astating as smallpox, let there be no under both the military and civilian plan thing with our colleagues over here, I mistake, there will be no hesitancy must be reported immediately, and organiza- thought every night, what happens if that they would use it. However, if tions representing potential vaccine recipi- tomorrow we get hit and we have not they were able to employ such a weap- ents deserve notification along with the on, American first responders will have news media. passed this bill yet and we do not have Guaranteed funding—There must be man- enough volunteers out there to vac- a greater ability to protect all of us if datory funding for the compensation pro- cinate all of America. What happens if they have already been inoculated from gram to ensure money is available to com- every day I take negotiating with the this debilitating and life-threatening pensate those who have been injured or died other side is a day we put our country disease. as a result of the vaccine. As was recently at risk. And I suffered every night with Americans are counting on our recommended by the Institute of Medicine, that thought for 2 weeks. We have ne- health care professionals to be vac- there must be a clear commitment that ade- gotiated this bill to a point that it cinated against smallpox. By vacci- quate funding shall be provided to the states nating these important first respond- to implement education, screening, and med- ought to get passed today. ical surveillance through the emergency sup- Mr. Speaker, I yield 3 minutes to the ers, we will be able to contain a poten- plemental for Homeland Security needs. gentleman from Texas (Mr. BURGESS). tial outbreak and save thousands of It is absolutely critical that this nation’s Mr. BURGESS. Mr. Speaker, I thank lives. Americans are looking to the vaccination plan does not pose increased the gentleman for yielding me this House of Representatives for leadership risks to the American people. We believe the time, and today I rise in support of on this issue. For that reason, I urge program should be suspended until there is H.R. 1463, the Smallpox Emergency my colleagues to protect first respond- good legislation that ensures these safe- Personnel Act of 2003. ers and give them the peace of mind to guards are in place. Please vote against H.R. I will just add, in light of the com- protect all of us. 1463, the Smallpox Emergency Personnel ments made by the chairman, that I Protection Act, and take immediate action Mrs. CAPPS. Mr. Speaker, could I in- to support stronger legislation that will come to this body as a physician and I quire what time remains? truly protect health care workers, patients, likely, myself, will take this vaccina- The SPEAKER pro tempore (Mr. and the public. tion to become a first responder. PETRI). The gentlewoman from Cali- Sincerely, Mr. Speaker, H.R. 1463 is a meaning- fornia (Mrs. CAPPS) has 141⁄2 minutes ANDREW L. STERN, ful first step toward ensuring the remaining and the gentleman from International President. broadest acceptance of the President’s Louisiana (Mr. TAUZIN) has 61⁄2 minutes Mr. TAUZIN. Mr. Speaker, I yield call for voluntary vaccinations by pub- remaining. myself 2 minutes to briefly set the lic safety personnel. In my home State Mrs. CAPPS. Mr. Speaker, I yield record straight. of Texas, to date, only 1,700 first re- myself such time as I may consume to

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say, with all due respect to my chair- maining, not 141⁄2 minutes. I apologize this legislation to the floor as we must, man, for whom I have a great deal of to the gentlewoman. because we are facing an emergency. respect, that I commend him for his Mrs. CAPPS. Could I beg of the Chair We have got to provide compensation sense of urgency about the timing of to consider then, because I was gen- to those workers who may be injured this. The first responders, my col- erous in yielding to my colleague, that or killed by the smallpox vaccine. The leagues who are nurses, have told us we be given more time, because we Committee on Energy and Commerce, that they want confidence before they have several people who still wish to of which I am proud to be a member, are going to roll up their sleeves and speak? has done very, very important work to take this vaccine, and that this bill Mr. WAXMAN. Mr. Speaker, I ask bring this bill to the floor in these does not give them the confidence and unanimous consent, and I hope the gen- emergency circumstances. The Com- that is why we stand in opposition to tleman on the other side will appre- mittee on Homeland Security, of which this bill. ciate this since we were misinformed I am also the chairman, has an abiding Mr. Speaker, I yield 2 minutes to the on the time, that we be given an addi- interest in making sure that our first gentleman from California (Mr. WAX- tional 5 minutes on each side. responders are capable of dealing with MAN) for a response. The SPEAKER pro tempore. Is there crises such as this. If smallpox is used Mr. WAXMAN. Mr. Speaker, I thank objection to the request of the gen- against American citizens as a weapon, the gentlewoman for yielding this time tleman from California? we have got to be prepared and we have Mr. TAUZIN. Mr. Speaker, reserving to me. to be sure that the first responders do the right to object, why do we not take The administration has asked people not themselves become weapons, be- such time as the gentleman consumed. to take this immunization in the cause even though they are not mani- I think the gentlewoman yielded the health care area and first responders festing the symptoms they are spread- have not been doing it. One of the rea- gentleman 2 minutes. And what time did the gentleman just use, Mr. Speak- ing the disease. sons, according to the Institute of Med- Smallpox spreads so fast that it is es- icine, is because they do not feel that er? The SPEAKER pro tempore. Two timated it will kill at least 30 percent they are going to be backed up by the minutes. of its unvaccinated victims. Immunity government when they take the risk of Mr. TAUZIN. Mr. Speaker, I would is suspected to have waned among peo- some adverse event. suggest, instead, that we add an addi- ple who were vaccinated before small- Now, I want to point out to my good tional 2 minutes to each side, in fair- pox was thought to have been eradi- friend, the gentleman from Louisiana, ness. cated in the 1970s. Like many of the the chairman of the committee, that So, Mr. Speaker, I ask unanimous Members of this Chamber, I am such a he should not personalize this whole consent that each side be granted 2 ad- person who has had such a vaccination. matter and have it on his conscience ditional minutes to make up for the in- Yet I am probably not protected. that we cannot pass this bill today. Of accurate call of the Chair. Once contracted, smallpox incubates course, this could have come under the Mr. WAXMAN. Mr. Speaker, will the for 10 to 12 days, causing fever and nau- rules and we could have had oppor- gentleman yield? sea. As the symptoms abate, the victim tunity for amendments to consider. Mr. TAUZIN. I would be happy to becomes infectious but does not de- But I want to point out that we asked yield to the gentleman from California. velop the tell-tale rash for another 2 to for smallpox compensation as part of Mr. WAXMAN. That may well work, 4 days. That is why it is so important the bioterrorism bill in 2001, we asked but again we have another example of that these first responders be pro- for smallpox compensation as part of trying to say no more than a certain tected. the homeland security bill in 2002, we amount. And it may be adequate, but As we speak, there is no cure for formally requested an administration let us be generous to our colleagues smallpox. The vaccine we have works proposal in December 2002, and we pro- and let us be generous to the first re- well before exposure, but evidence of posed our own bill in February of this sponders. year. Only in March, 2 weeks ago, did Mr. TAUZIN. Mr. Speaker, reclaim- post-exposure efficacy is only anec- the majority respond. And now, of ing my time, I will be happy to just ob- dotal. That anecdotal evidence points course, it is take it or leave it. Take it ject and not have any extension, if the to the vaccine only working if the vic- or leave it. That is what we are being gentleman wants to argue about a cou- tim is inoculated within 4 days of con- told. ple of minutes. tact with smallpox. This is a bad policy and a bad process The SPEAKER pro tempore. Objec- Our strategy to counter a smallpox by which to protect the public health. tion is heard. attack depends on our first responders We had negotiations by staff. It might Mr. TAUZIN. Otherwise, I ask unani- having already been vaccinated. It is have helped for Members to sit down mous consent that each side be ac- going to be hard enough for public and talk this through. And if Members corded 2 additional minutes to make up health officials to react within the nec- and staff cannot agree, then we have for the error of the Chair. essary window of time. Administering committees and subcommittees to con- The SPEAKER pro tempore. Is there the vaccine after the detection of a sider the details of legislation. And if it objection to the request of the gen- smallpox outbreak to a mobile Amer- is too urgent for committees and sub- tleman from Louisiana? ican public with little or no immunity committees to act after all this time, There was no objection. will cause immense problems. Doing so at least let the House consider a bill The SPEAKER pro tempore. Each when first responders are not already and consider various alternatives. side will have an additional 2 minutes. themselves protected against smallpox I think we are now engaged in a very Mrs. CAPPS. Mr. Speaker, could I could prove impossible. So far, only bad process, and I think that we are now inquire how much time is remain- 20,000 nonmilitary personnel have been being asked to take very bad policy ing? vaccinated. That is not nearly enough. The SPEAKER pro tempore. The gen- that is going to be self-defeating. Be- Taking the vaccine means taking a tlewoman from California (Mrs. CAPPS) cause if many of the nurses do not risk. Therefore, we must reassure our has 4 minutes remaining, and the gen- want it, and the firefighters do not health care workers and our first re- tleman from Louisiana (Mr. TAUZIN) want it, and the police members do not sponders that we understand this risk has 81⁄2 minutes. and we will stand by them. That is why want it, and other first responders do Mrs. CAPPS. Mr. Speaker, I reserve I support the gentleman from North not feel it is adequate and they are not the balance of my time. going to be compensated, then we are Mr. TAUZIN. Mr. Speaker, I yield 3 Carolina’s vaccination compensation not accomplishing the goal that we minutes to the gentleman from Cali- legislation, that is why I support put- ting this legislation on the floor in this should for all of us. fornia (Mr. COX), chairman of the Se- The SPEAKER pro tempore. The lect Committee on Homeland Security. emergency circumstance as we have, Chair wishes to inform the House that and that is why I support the leader- he misspoke in response to the inquiry b 1445 ship of the gentleman from Louisiana of the gentlewoman from California Mr. COX. Mr. Speaker, we are here in in bringing this to a quick and hope- (Mrs. CAPPS). There was 41⁄2 minutes re- extraordinary circumstances, rushing fully positive vote.

VerDate Jan 31 2003 02:20 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.015 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2487 Mrs. CAPPS. Mr. Speaker, I am workers’ compensation laws will not with- placed before death or disability occurs. happy to yield 11⁄2 minutes to the gen- hold compensation based on the fact that the Compensation should be 100%, begin without tleman from Ohio (Mr. STRICKLAND), a vaccination is voluntary. delay, and should not be subject to a cap. We also believe that these should be no 3. Volunteers should be compensated for member of the Subcommittee on five-day waiting period for compensation adverse events regardless of the date on Health. benefits. Furthermore, we hope to see some which they received the vaccine. Imposing Mr. STRICKLAND. Mr. Speaker, I protection for those who elect not to take it. an artifical time period in which one must am truly puzzled at the leadership on We are asking more and more of those volunteer is contrary to the goal of the vac- the other side. We are told that the ad- health care and public safety workers on the cination program. Success should not be ministration sent this bill over here as front lines of our nation’s homeland security measured on the numbers vaccinated a spe- an emergency. Yet I think they know efforts. Providing them with ample security cific period of time but rather, on whether at that this bill is likely to be defeated should they become disabled in their duties any given time we have a sufficient cadre of vaccinated first responders across the coun- because of the way it is being dealt is critical, necessary, and is clearly and sim- ply the right thing to do. I applaud your ef- try. Speed should not be our measure—safety with. If it is an emergency, ought we forts to correct the deficiencies in this pro- should. As we have seen from the start of the not to work together so that we can posed legislation and will be privileged to as- program, any number of barriers may result pass a bill? What is happening here sist you and your staff in these efforts. in extending the time in which we expect today will result in the delay of this Respectfully, vaccinations to occur, including unexpected bill being passed. DENNIS SLOCUMB, new possible complications from the vaccine. The chairman of our committee says, International Executive Vice President. Establishing a set time frame for vaccina- of course, we are for the volunteers and tion eliminates adjustments needed for un- AMERICAN PUBLIC HEALTH ASSOCIATION, anticipated events. I believe he is sincere. But if we are for 4. Adequate Funds are needed to ensure the volunteers, why do we not listen to Washington, DC, March 30, 2003. DEAR REPRESENTATIVE: On behalf of the that state and local health systems are pre- the volunteers? In the first 2 months of American Public Health Association pared. Any proposal should recognize the the administration’s smallpox vaccine (APHA), representing more than 50,000 mem- need for additional funds to state and local program, only about 25,000 of a planned bers from over 50 public health occupations, health departments and health systems to 450,000 health workers have received I urge you to oppose the H.R. 1463 in its cur- implement the smallpox program. Current the vaccine. Last week, three people rent form and work to strengthen this legis- funds for bioterrorism preparedness efforts have been largely spent and obligated. States died from heart attacks after receiving lation before it is brought to the house floor for a vote. and localities and health systems are pre- the vaccine, two health workers and a paring for a broad array of potential threats 55-year-old National Guard member. APHA strongly supports legislation to ad- dress current impediments to the national in a time of great budgetary strain and in- All three people had risk factors for smallpox preparedness effort, including lack creased demand for services. The recent out- heart disease, although it is not cur- of compensation for those who become in- break of Severe Acute Respiratory Syndrome rently known whether the vaccine jured, ill, disabled or die; protections from li- (SARS) is but one example of how public caused the heart attacks. ability for volunteer vaccinators and health health is required to serve a dual role, pro- As a result of these challenges, a systems; and adequate federal resources to tecting Americans from the latest emerging enable public health systems to implement a infectious diseases, the leading causes of compensation program is needed, but death such as chronic diseases, and preparing smallpox vaccination program safely and ef- these health care workers, these first for intentional acts of biological terrorism responders are worried that the bill be- fectively. We are concerned that the current proposal or war. Resources are needed to ensure that the fore us will not adequately provide for before the House of Representatives fails to important smallpox preparedness program education and screening of the workers include a number of essential elements of a can proceed without shifting resources from who are being asked to take the vac- workable compensation program that will other bioterrorism preparedness require- cine. If we screen the people who are at adequately protect volunteers and help to as- ments and which maintaining our important sure a successful program. risk, we may save their lives and we programs to protect Americans from every- We respectfully suggest that the proposed can save money. day health threats. I am disappointed. I think we all legislation be strengthened in the following Again, we commend you for recognizing ways: the importance of this legislation, we urge know this bill is likely to go down to 1. The compensation program should be fi- you to do it thoughtfully, and we remain defeat, and unnecessarily so. Let us nanced by a mandatory funding source. It is ready to implement the smallpox prepared- work together in this House. If not on important that volunteers who are injured, ness program safely, efficiently and effec- this bill, what bill can we ever work to- ill, disabled or die are assured that the pro- tively. tection they expect from a compensation gether on? Sincerely, program will be realized. We learned a clear Mr. Speaker, I include for the GEORGES BENJAMIN, MD. FACP, lesson from the Radiation Exposure Com- RECORD three letters, one from the Executive Director. International Union of Police Associa- pensation Act (RECA) Trust Fund when ear- lier this decade appropriations to the fund tions, one from the American Public AMERICAN FEDERATION OF were not sufficient to pay claims and hun- Health Association and the other from TEACHERS, AFL–CIO, dreds ill from Cold War-era exposure to radi- Washington, DC, March 28, 2003. the American Federation of Teachers ation were left with IOUs. We have also in opposition to the administration’s House of Representatives, learned in recent weeks that we have more Washington, DC. plan. to learn about the effects of the smallpox DEAR REPRESENTATIVE: On behalf of the INTERNATIONAL UNION OF POLICE vaccine. Reports of heart inflammation and more than 1 million members of the Amer- ASSOCIATIONS AFL–CIO, failure in possibly connection with the vac- ican Federation of Teachers, including more Alexandria, VA, March 27, 2003. cine warn us that we must not have all the than 65,000 healthcare professionals, I urge Hon. TED KENNEDY, information at present to make an appro- you to vote against considering H.R. 1413, Russell Senate Office Building, priate judgment about the amount of appro- the Smallpox Emergency Personnel Protec- Washington, DC. priation it will take to ensure that com- tion Act, under suspension of the rules. This DEAR SENATOR KENNEDY: On behalf of the pensation can be guaranteed. Those first re- procedure will prevent the House from con- International Union of Police Associations, sponders who volunteer to be vaccinated de- sideration of the Capps-Waxman substitute, AFL–CIO, representing law enforcement pro- serve to be assured that adequate compensa- which is vastly superior to the Administra- fessionals from more than 500 agencies tion will be available for them. tion’s proposal, H.R. 1413. Capps-Waxman across the country and in Puerto Rico, I am 2. Payment for illness, injury, disability, provides increased education and screening, writing to voice our concern regarding the or death should include compensation for all as well as a realistic compensation package Smallpox Compensation Program currently lost wages, taking into account an individ- for those who suffer a serious adverse reac- being debated in the House. ual’s projected future earnings. Volunteers tion. We urge you to work to ensure that this and their families should be confident that As you know, most workers have refused to legislation will provide the security de- should they become unable to work due to participate in the smallpox inoculation pro- manded and deserved by our first responders disability they will not have to lose their in- gram. Most believe there has not been suffi- who elect to take the smallpox vaccine in come for future years, jeopardizing the in- cient information about the need for imme- order to better serve a nation at war. We come security for themselves and their fami- diate vaccination. Further, there are serious hope this would include crucial screening lies. In the rare case of death, family mem- doubts about the efficacy of existing edu- and education for both the emergency per- bers, including children, should not be left cation and screening programs, as well as sonnel and their immediate families. uncompensated because of a loved one’s sac- the lack of a federal compensation program A mandatory funding provision is also rifice to protect others. Death and disability for healthcare volunteers and innocent vic- needed to ensure that the varying states’ benefits should not be reduced by wages re- tims who may suffer adverse reactions.

VerDate Jan 31 2003 02:20 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.018 H31PT1 H2488 CONGRESSIONAL RECORD — HOUSE March 31, 2003 Since last fall, healthcare unions and other cation, and compensation program for volun- bill, I hope that we can set about the organizations have been working to develop teering to receive this potentially dangerous task of creating bipartisan legislation a bipartisan program that would address vaccine. They deserve a vote on the Capps- that all Members of the House can sup- these issues. Our proposal is based on the ex- Waxman substitute. isting Department of Defense smallpox pro- On behalf of the American Federation of port. The very people this bill purports gram, as is the Capps-Waxman substitute. Teachers, I urge you to oppose consideration to help, nurses, EMTs, police officers, The Administration’s proposal that is being of H.R. 1413 under suspension of the rules and firefighters, find this hastily crafted rushed to the House floor does not provide demand a vote on the Capps-Waxman sub- legislation lacking. Why? Because it the same protections that are offered in the stitute. fails to address their very significant Capps-Waxman substitute. Sincerely, concerns.’’ EDUCATION AND SCREENING CHARLOTTE FRAAS, Mr. TAUZIN. Mr. Speaker, I yield The need to increase the education and Director, Department of Legislation. myself the balance of my time. screening of volunteers is clear. This re- Mrs. CAPPS. Mr. Speaker, I yield 11⁄2 Let me address the two principal ob- quires additional funding. The Department minutes to the gentleman from Massa- jections to this bill. The first is that of Defense’s comprehensive education and chusetts (Mr. MARKEY). some of the first responders would like screening program, for example, screened Mr. MARKEY. Mr. Speaker, who op- more coverage. They would like more out 30 percent of those who were to be inocu- poses this bill? The nurses, the police, lated. The recent death of two nurses and the coverage than we currently provide for serious adverse reactions of others dem- the fire, the Public Health Association police officers and firefighters who onstrate the limitations of the existing pro- of the United States. They all oppose take the chances to go out and fight gram, which continues unchanged under H.R. it. These are the health care heroes in fires and sacrifice their lives, to go out 1413. Screening out those who are counter-in- our country. The reason that legisla- and fight the criminal elements on the dicated is essential to prevent adverse reac- tion is so important is that these peo- street and take the bullets and some- tions and to protect healthcare workers who ple are going to be asked to put their times die and sometimes end up dis- volunteer. The Capps-Waxman substitute ad- lives on the line. They are the first re- abled and have a lifetime of lost wages. dresses this critical need by providing addi- sponders. How busy are we that we can tional funding for our public health agencies They would like to have more benefits that are responsible for this program to as- give them 20 minutes of debate, each than those individuals. But this is not sure complete education and screening. The side having 20 minutes to debate their a management-labor union discussion. Administration proposal does not. fate? How hard would it be for us to This is an emergency. When the other COMPENSATION have worked all day Friday to allow side asked for time, for 2 weeks to Since the smallpox program is a voluntary amendments to have been made that work with us in a bipartisan fashion to federal program, injured individuals should represents what the teachers, what the up the benefits comparable to what po- be compensated by the federal government nurses, what the doctors, what the po- lice and firemen have, we did that. It is for the cost of both medical treatment and lice and what the fire want for protec- now in the bill. lost wages. The Administration’s proposal tions? How hard would it have been for The other objection they raise is seems to assume that there is adequate wage us to have worked all day today if that, well, this is not due process. We compensation through the workers’ com- have taken this bill to the floor under pensation system. Unfortunately, we have there is an emergency? Do we not as found only 14 states that can assure workers Members of Congress owe to these he- suspension. We are not taking it that they will be covered under workers’ roes working on a Friday and a Mon- through all the committees of jurisdic- compensation. The remainder of the states day so we can debate what their needs tion. How many committees claim ju- are not sure that this program is ‘‘work re- are? risdiction on this bill, Mr. Speaker? lated’’ since it is voluntary. Further, inno- Then why is it important? It is im- Let us start with the Committee on cent third parties who suffer adverse reac- portant because the adverse reactions Education and the Workforce. We tions are not covered by workers’ compensa- from the smallpox vaccine are a real heard from the chairman who instead tion. Also, many workers or innocent third concern. This bill coerces volunteers to worked with us cooperatively to get parties are not covered by health insurance or may be subject to health insurance exclu- be vaccinated within 180 days after the this bill to the floor. Judiciary could sions; therefore, full federal health insurance regulations are issued or they lose have a claim on this bill. Judiciary coverage for medical treatment is essential. their rights to lost wages and to dis- worked with us cooperatively to get While the Administration bill does cover ability payments and even to death this bill to the floor. Appropriations health insurance, its restrictive definitions payments. They lose them. A pregnant could certainly have a claim on this on disability and caps on financial benefits nurse has only 180 days to be vac- bill, but they have worked with us to do not assure necessary wage replacement. cinated after her baby is born. get this bill to the floor. The Capps-Waxman substitute includes nec- This is wrong. Vote ‘‘no’’ on this bill. Why have all the committees worked essary federally financed healthcare and pro- vides the victims lost wages for the duration Let us have a full debate on the House with us to get this bill to the floor of the disability caused by an adverse reac- floor with amendments. without all the markups and all the tion. Mrs. CAPPS. Mr. Speaker, I yield committees that might have jurisdic- The bottom line is that a reasonable com- myself the balance of my time. tion on it? Because they know the pensation program for adverse smallpox re- I stand here with my colleagues in emergency. They understand how im- actions should provide federal compensation opposition to this bill, drafted by the portant it is to get this bill done and for full medical coverage and adequate wage leadership with a kind of arrogance signed by the President immediately. replacement. There should be no exclusions that presumes to know what is best for We have all been briefed. We have all from this coverage, such as the five-day waiting period in the Administration pro- our first responders than they them- been briefed about the danger of small- gram. This five-day exclusion is a major con- selves know. With their testimony, pox terrorism. We have all been briefed cern of many of our members. Further, re- with their letters, with their anguish, about how easy it would be for a coun- strictions in the Administration’s proposals, they implore us to give them the con- try like Iraq, which we know probably such as capping benefit payments and using fidence that they need if they are going has smallpox virus, to slip it into this the 180-day rule forcing workers to choose to to be asked to take a risk to become a country, to expose someone and then get the vaccination or forgo compensation, part of the shield to protect this Na- begin exposing our general population. are unacceptable. The Capps-Waxman sub- tion against terrorist attack. They know that in 2 weeks, everyone stitute satisfactorily addresses these issues. Finally, this new program must be We need to defeat this legislation for once exposed becomes a carrier and ex- mandatorily funded and include a table of in- them so that they can have confidence poses more people and that second- and juries in the statute to ensure workers get in this House that we can do what is third- and fourth-generation exposure compensation, a provision in Capps-Waxman right, not just for them but for our Na- occurs and we lose 30 percent of the and not the Administration legislation. tion in this time of peril. And so I will population of America potentially. Unfortunately, under the suspension of the close by using some of the language of They know the danger. They know the rules procedure, the House will be precluded my colleague, the ranking member of from addressing these issues. Our nurses, emergency. Every committee has co- other health care workers, and first respond- the Committee on Energy and Com- operated with us. ers are dedicated professionals and will not merce, the gentleman from Michigan For 2 weeks we negotiated with the shirk their duties to help the public. How- (Mr. DINGELL) who says in his written other side, a fair negotiation to get ever, they deserve the best screening, edu- statement, ‘‘Right after we defeat this this bill in a way that you could accept

VerDate Jan 31 2003 01:28 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.046 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2489 it. We made a dozen changes, raised the the men and women who will first respond to But the vaccination program has amount of the benefits, changed the the unthinkable: a smallpox attack. been an utter failure so far, because percentages to 75 percent for those The need for the president’s smallpox vac- the smallpox vaccination itself also with dependents. We built a program as cination program is questionable, but now that carries with it moderate danger. As sci- good as any program for anyone in the the program exists, there is no doubt that we entists have been telling us, the vac- Federal service, and we built it as good need to address compensation for those who cination can make some people sick, or as the policemen and firemen. volunteer for and are injured by the vaccine. In can even lead to death in rare cir- But that is not enough. Enough is terms of negative side effects, this vaccine— cumstances. Whereas the death rate never enough. But we do not have time essentially the same as the original developed can be reduced or eliminated by good to quibble about what is enough here. in 1796—is perhaps the most dangerous one education and screening of people who Do not come to this floor saying that we currently have. In this most initial wave of might be at risk for complications, no one supports this bill in the health vaccinations, we have already seen several some of those who are vaccinated will care community. Let me read to my serious injuries and even a few deaths pos- become ill. They may have to be quar- colleagues the supporters: The Amer- sibly attributable to the vaccine. antined; they will miss work, perhaps ican Hospital Association, people who That is why adequate compensation for vac- for a long time. In today’s economy— will be on the front line taking care of cine injury is so crucial. Our first responders with medical costs what they are—this all these people infected with smallpox want to know that if they take the brave step could be devastating, especially for if we are not careful; the American of volunteering for the vaccination and get sick someone with a family to support. Too Medical Association, the doctors who or die, they and their family will be taken care many of our first responders and health have to deliver the care; the American of. workers have decided they cannot take College of Emergency Physicians who The absence of a good compensation pro- that risk, and are asking that the Fed- are going to meet every sick person gram has doubtless contributed to the snail’s eral Government that is in charge of coming in with smallpox to an emer- pace that the president’s vaccination program protecting the homeland—assume that gency room; the Alliance of Specialty has taken. Only 25,000 of the 500,000 in the risk for them. That seems fair enough. Medicines, representing 160,000 physi- ‘‘initial wave’’ of healthcare workers have actu- The author of the bill before us today cians, among many others who support ally been vaccinated. recognized the problem, and gave the this bill. The bill before us will not assure these bill the right name, but just didn’t do This is an emergency. The adminis- workers that they will be adequately com- a good job of matching resources with tration, the Homeland Security Office, pensated. The lifetime cap of $262,100 is the needs out there. The problem with have told us we need to give this ben- small change for someone who is permanently that is that if we don’t give adequate efit to those people who will volunteer disabled. assurances to people that they will be to take this vaccine to protect them- This bill also only covers workers vaccinated covered for any unfortunate episodes— selves and then to protect us. No one is during a specific short time period after imple- they will not get vaccinated. Then in 6 coerced to do this. This bill does not mentation. What kind of an incentive is this for months, or a year, we will find our- mandate a single person take the vac- new healthcare providers to get vaccinated in selves in this same situation—totally cine. It simply gives the same rich mix the future? vulnerable to a smallpox attack. We of benefits to those who will volunteer As the American Nurses Association has cannot afford to take that risk. We to take this vaccine and protect the written, ‘‘the bill does not provide adequate must get it right the first time. rest of us, to be ready to go into action education, prescreening, surveillance, and We are hearing from group after to prevent the second- and third- and compensation.’’ group of experts and people effected by fourth-generation exposures that could Mr. Speaker, I have been working in this this, saying, ‘‘Do not support this bill. wipe out so many in this country. It Congress to show my strong support for our It is not enough.’’ The American simply says to them, if you volunteer, first responders. Today I will continue to show Nurses Association, the Association of we give you this coverage. If you vol- this support by voting ‘‘no.’’ Firefighters, the American Federation unteer, if you want to be one of those Ms. JACKSON-LEE of Texas. Mr. of State, County and Municipal Em- who serve this country in this special Speaker, I cannot support H.R. 1463, ployees—and the list goes on. These are way, you get the benefits of this bill. the Smallpox Vaccination Compensa- This bill needs to get passed now. It not the money-grubbing types; they tion Act. Our nation’s first responders are humble civil servants who deserve is an emergency. That is why it is on and health care workers take risks suspension. We ought to have the cour- our support. They are saying that this every day in order to serve the public compensation package may not be age to pass it. If it does not pass today, good. Our firefighters face the risk to it is only because somebody on the enough to entice them to join the vol- their lives every time they are called untary smallpox vaccination program. other side thinks enough is never to duty. Health care workers come into enough and you want to quibble about If they do not sign up, they will be vul- contact with deadly germs on a regular nerable, and so will the American peo- numbers when the country is at stake. basis. Even now, with the threat of Mr. Speaker, this bill ought to get ple. bioterriorist attacks upon them, they passed. It needs to get passed now. The Democratic Capps-Waxman sub- are not flinching. They are there at Mr. HOLT. Mr. Speaker, on September 11, stitute would have gotten the job done. work, serving the public good and put- 2001, as thousands fled over lower Manhattan The Republican bill does not ensure ting themselves in harm’s way. during the terrorist strikes, many ran towards adequate funding is available to com- And now that it seems that on top of the burning buildings. pensate health care workers and other These brave men and women were first re- the physical risks they are taking, the first responders injured by the small- sponders—the police, firefighters, and emer- Republican leadership has decided that pox vaccine. The Capps-Waxman sub- gency medical personnel who risk their lives they and their families should also stitute provides for mandatory funding every day to protect their fellow citizens. shoulder the financial risk of the fight for this program. It would seem like the least we could do for against terrorism. We are asking that The Republican bill would pay only them would be to not only applaud their ef- they serve as a kind of barrier, pro- 66.6.% of an injured worker’s lost wages forts, but also provide them with support they tecting the American public against with a lifetime cap of $50,000. The need so they can do their jobs even better. the horrors of smallpox. If the virus Capps-Waxman amendment would pay Unfortunately, this Congress has found it were somehow leaked into the U.S., of 66.6% of lost wages up to $75,000 per appropriate not to support, but to shortchange course we would expect our first re- year for as long as the worker is dis- these everyday heroes. sponders to be there at the sight of the abled. Workers with dependents would A month and a half ago, we finally managed emergency, and infected individuals receive 75% of lost wages up to $75,000 to pass the FY03 spending bill. Many of us would end up at our hospitals. We are per year for as long as the worker was here in this body sought to add vital funding trying to encourage those who work on disabled. for first responders, but we were denied. Our the front lines to come in and get vac- The Republican bill would not com- first responders were denied. cinated, so that they do not get in- pensate health care workers and other Today, apparently, this body is poised to fected and pass the virus on to their first responders for lost wages for the again deny our first responders—in this case, families and the public. first five days they are injured. The

VerDate Jan 31 2003 01:28 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.020 H31PT1 H2490 CONGRESSIONAL RECORD — HOUSE March 31, 2003 Capps-Waxman substitute would ensure Receiving the smallpox vaccine is voluntary people are not diagnosed with these problems that health care workers and other for first responders. First responders don’t until it is too late to prevent damage. By the first responders who are out of work think the current program is safe, so they are time symptoms are present, the condition may for longer than five days would have declining the vaccine. That’s why our current be critical. their unreimbursed lost wages com- program isn’t working and why after months of Scientific studies have indicated that for pensated from the first day they saying a vaccine injury compensation system every 100,000 who are immunized against missed work. wasn’t necessary, House Republicans are will- smallpox, 2 or 3 will die. But the U.S. has only The Republican bill provides that a ing to bring up a bill. But if the bill we pass immunized 29,000 persons so far, and three health care worker or other first re- doesn’t make first responders feel safe, they deaths have already occurred. Why the sponder who is killed by the smallpox still won’t volunteer to be vaccinated, and we’ll decrepancy? HHS’s initial risk assessments vaccine receives only a flat death ben- be right back where we started, except we’ll were based on immunization of much younger efit. The Capps-Waxman substitute have wasted a lot of time on a program we al- subjects, who are at far lower risk of heart dis- would pay a death benefit as well as ready know will be ineffective. ease. But the three workers who died were all any lost wages for workers who have Wouldn’t it make more sense to get it right in their fifties, and the average age of nurses dependents when they die. the first time? By voting against this bill, which in our workforce is 45. Those who would be Finally, the Capps-Waxman sub- the International Union of Firefighters, the immunized under the president’s plan are at stitute has a specific authorization for American Nurses Association, and the Inter- much higher peril of adverse reactions. funding for States to educate and national Union of Police Associations say does The CDC had already announced a tem- screen potential vaccinees. The Repub- not address the concerns that have prevented porary medical deferral for persons diagnosed lican bill does not. This is a critical them from being vaccinated, I hope to give the with heart disease, and late last week it ex- component. There have been several House an opportunity to sit down with first re- panded that category to include individuals deaths recently that occurred within a sponders and craft a workable solution. It is with three of more ‘‘major risk factors’’ for week or so after vaccinations. We must precisely because this is an emergency that heart disease, including smoking, diabetes, at the very least provide adequate edu- we don’t have time to pass unworkable legis- high blood pressure and high cholesterol. cation to people we want to get vac- lation, wait for it to fail, and start again. Small wonder that the participation rate among cinated to see if they are at risk for I regret that we did not have the opportunity our health care workers is so low. It is likely vaccine-related disease. They deserve to vote on a real solution tonight. I hope we to remain low until workers gain confidence that. can move immediately to pass a real solution, that government has a better understanding of I will vote against H.R. 1463, and urge without wasting any more time on political risk factors. my colleagues to do the same. gamesmanship. Our nation’s first responders should be pro- Mr. LEVIN. Mr. Speaker, since September Mr. CARDIN. Mr. Speaker, I rise in opposi- tected against smallpox. But a vaccination pro- 11, we have begun to prepare for a number of tion to H.R. 1463. The House should be con- gram can only succeed to the extent that gov- events that once seemed unthinkable. One of sidering a bill today that responds to two basic ernment succeeds in assuring workers that them is an epidemic of smallpox, a deadly dis- questions: how do we encourage first re- potential side effects will be minimized, and ease that we thought we had erased from the sponders—nurses, emergency room doctors, that they will be treated fairly and com- earth. The best way for us to protect ourselves police, and firefighters—to volunteer for small- pensated adequately in the event of illness, against that is to vaccinate our first respond- pox vaccinations; and second, how do we disability, or death. The underlying bill fails these tests. It limits ers—the nurses, policemen, and firefighters compensate them for any injury, disability or payments for lost income to any annual max- that we would depend on to recognize a fatality they suffer in the event of an adverse imum of $50,000. There is no wage replace- smallpox outbreak and quickly act to protect reaction. Instead, the bill we are voting on— ment for those who suffer permanently dis- all of us against a disease that spreads rapidly with no opportunity to amend or offer a sub- ability or death. Why would nurses, who earn and kills a third of its victims. stitute—accomplishes neither. an average salary of $40,000, risk their fami- But in the three and a half months since Last week, a 57-year-old nurse from my lies’ future for so little? President Bush announced plans to vaccinate own state of Maryland died within 5 days of The Burr bill won’t begin replacing lost 500,000 first responders, fewer than 25,000 receiving the smallpox vaccine. The CDC is wages until 5 days have passed. A national have volunteered. In Michigan, where we had still investigating the nexus between the vac- program ought to provide first dollar com- a goal of vaccinating 5,000 people, fewer than cine and her death. But to date, 12 health pensation, not last-resort coverage. The Burr five hundred people have been vaccinated. care workers who received the vaccine have bill also imposes a deadline of 180 days for The smallpox vaccine has the worst record experienced severe heart problems within day workers to qualify for compensation. Those of negative side effects, including death, of of inoculation, and 3 have died. These deaths vaccinated after that time would not qualify. any vaccine in our history. Experts estimate and complications are sending waves of panic How can we know how long it take our States that one in a million people vaccinated will die, through the health care community. and localities to vaccinate a sufficient number and many more will become ill, some seri- On January 24, the President and HHS of volunteers? ously. Sadly, three people who volunteered to Secretary Thompson called for 450,000 first In addition, the bill provides no funding for be vaccinated have already died. responders to be inoculated against smallpox. education, screening, or surveillance. The Na- These are sobering statistics, but it is not Today, as we come to the floor to consider tional Association of County and City Health the personal danger that is keeping first re- this bill, the Administration has reached only 5 Officials has estimated that to provide pre-vac- sponders from volunteering. Every day, our percent of its goal. The response has been cination education and screening, and surveil- police, firefighters, and health care workers dismal not because these workers lack dedi- lance for adverse reactions would cost be- risk injury and death to help others. But giving cation to public health and safety, but because tween $154 and $284 per person. If the Ad- them the smallpox vaccine without proper edu- they have justifiable doubts that this vaccine is ministration plans to vaccinate 500,000 work- cation, pre-screening, and surveillance doesn’t safe and that if they are injured or die, they ers in Phase I and another 10 million in Phase just endanger them—it endangers all of us. and their survivors will be compensated fairly. II, we are taking about a $2 billion unfunded When smallpox vaccination was still wide- Initial risk assessments by HHS did not mandate to our localities. spread, nearly 20 percent of infections from come close to estimating the percentage of Mr. Speaker, our towns’ and cities’ budgets the vaccine came from secondary contact. workers who would be at risk of illness or are already strained as they conduct other bio- And asking first responders to be vaccinated death from the smallpox vaccine. Many indi- terrorism preparedness activities. Our localities without a safety net if they become ill, are dis- viduals are well on their way to heart disease, do not have sufficient funds to prepare for abled, or die endangers their families and even though they have no symptoms and feel chemical, biological and radiological terrorism, those who depend on them for support. fine. Many Americans who have high blood and more than half of our local governments The Republican leadership says we don’t pressure and diabetes are completely un- have reported that smallpox and other bioter- have time to have a discussion with nurses, aware of their condition. rorism planning has negatively affected other policemen, firefighters, and other first respond- Both high blood pressure and diabetes in- local public health services. They are delaying ers about what kind of program they need to crease the risk for heart disease. Unfortu- programs, turning down community requests, feel safe because preparing for bioterrorism is nately, these serious problems usually don’t and reducing the frequency of client visits. an emergency. But if we don’t have that dis- cause symptoms until they’ve already done Mr. Speaker, we have asked America’s first cussion, we will have done nothing to address their damage. They silently harm many or- responders to put their lives on the line to pro- the emergency. gans, including the heart and kidneys. Often tect the rest of us. The compensation we offer

VerDate Jan 31 2003 01:28 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\A31MR7.012 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2491 must be adequate; it must be immediate; it for the duration of disability or to survivors’ that the compensation program is not com- must be guaranteed. I believe the House is families until the spouse remarries or the chil- prehensive enough and that it does not pro- united in its appreciation of an support for our dren are no longer minors. If workers are wor- vide adequate education and safeguards. I be- first responders. Legislation to compensate ried about their economic security, and that of lieve that the House must consider improve- them for their illness, disability or death should their families, they for good reason will con- ments to this bill. But the Democrats are being reflect that level of support. I am disappointed tinue to be reluctant about getting the vaccina- denied the opportunity to offer amendments to that the bill before us does not do that. I urge tion. do that. the House to reject this bill and I call upon the Although the compensation offered through For these reasons, Mr. Speaker, I must op- leadership to return with legislation that will H.R. 1423 is scant at best, our first respond- pose this legislation in its present form. provide a meaningful compensation program ers cannot even rely on benefits offered be- Mr. STARK. Mr. Speaker, I rise in opposi- for those on the front line against bioterrorism. cause there is no guaranteed funding. H.R. tion to H.R. 1463, the Smallpox Emergency Ms. SCHAKOWSKY. Mr. Speaker, the 1423 is funded by discretionary spending and Personnel Protection Act. Smallpox Emergency Personnel Protection Act would be subject to the annual appropriations This Republican legislation has a lot more to (H.R. 1463) is being rushed to the House floor process. Funding for compensation and med- do with public relations than protecting our first today for a vote under suspension, denying us ical care should be mandatory spending, simi- responders so that they can do their job to the opportunity to amend this bill to ensure lar to the Vaccine Injury Compensation Pro- protect the rest of us. No one doubts that the that the compensation we offer our first re- gram for injuries due to childhood vaccines. possibility of a terrorist attack is very real. Yet, sponders is both adequate and meaningful. I Workers should not have to worry each year Republicans are asking Congress today to have serious concerns both about the defi- about whether there will be an adequate ap- short change those Americans on the front ciencies in H.R. 1463 and the process by propriation to provide promised benefits and lines here at home—our doctors, nurses, po- which it was brought to the floor. This is an ill- medical care. lice officers, fire fighters and others willing to considered bull that fails to provide adequate As if lack of compensation and funding did risk both serious physical harm and financial compensation for persons volunteering for the not make this bill already untenable, H.R. ruin. smallpox inoculation and, therefore, will under- 1423 attempts to coerce workers into getting Congress has a great responsibility to pro- mine the very goal of encouraging first re- the vaccine. Current workers must receive the vide security to these brave and selfless sponders to participate in the vaccine pro- vaccination within 180 days following the Americans. The smallpox vaccine is the most gram. Three recently immunized military per- issuance of interim final regulations in order to dangerous vaccine in current use. Thus, the sonnel and civilian health care workers have be eligible for compensation. New hires must decision to become inoculated is not one to be died of fatal heart attacks and Federal health be vaccinated within 120 days of hire to be eli- taken lightly. Those who are willing to step for- experts are investigating at least 15 more gible. There is no exception in the event that ward and receive inoculation to assure that cases of possible cardiac reactions to the im- the public health department is unable to meet they’ll be there to protect others if the need munization. Given recent events such as the deadline or a worker has a temporary con- arises, do so at a risk to their lives and, by these, the limitations of H.R. 1463 will likely dition that prevents immediate vaccination, secondary transmission, to the lives of loved result in even more refusals by first respond- such as pregnancy or the presence of an in- ones. At a minimum, we need to assure these ers to volunteer for the smallpox vaccine. fant at home. Smallpox vaccination should be people that they and their families have afford- H.R. 1463 fails to offer meaningful com- voluntary. When legislation only allows first re- able access to healthcare and won’t confront pensation, does not have guaranteed funding, sponders to be eligible for compensation if financial hardship if they have an adverse re- and attempts to coerce first responders into they are vaccinated within months of the bill’s action to the vaccine. getting inoculated. It will not work. That is why passage, we know that people on the front We are not talking about a small number of it is opposed by many organizations rep- line are being manipulated into getting the people at risk. Experts estimate that out of the resenting first responders, including the Amer- vaccine and getting it quickly. 10 million healthcare and first responders who Our first responders deserve better. They ican Nurses Association, International Union of the Administration is requesting to volunteer deserve a full and fair smallpox compensation Police Associations, International Association for this smallpox inoculation program, approxi- package. Unfortunately, we do not have the of Firefighters, American Federation of Teach- mately 10,000 will experience serious, though opportunity to correct the deficiencies in H.R. ers, American Public Health Association, In- not life-threatening reactions, upwards of 520 1463 because we are denied the opportunity fectious Diseases Society of America, Amer- to consider amendments. I oppose H.R. 1463 will experience potentially life-threatening reac- ican Federation of State, County and Munic- and look forward to voting on an effective al- tions and it is anticipated that 5 to 10 people ipal Employees, and the Service Employees ternative when the bill is brought under a rule will die. These estimates do not include those International Union. that allows for a full and fair opportunity for individuals who may be secondarily exposed H.R. 1463 is based on the false assumption amendment. to the live virus by being in contact with an in- that nurses, firefighters and other first re- Mr. UDALL of Colorado. Mr. Speaker, I re- oculated individual. Furthermore, just in the sponders will be compensated by other benefit gret that I cannot support this bill. last week we’ve discovered something pre- programs, such as workers’ compensation and When President Bush called for the vol- viously unknown about the smallpox vaccine; health insurance. In the case of smallpox, untary vaccination against smallpox of it may cause heart attacks in people with par- however, there are no guarantees that a per- 500,000 health care workers and other first re- ticular cardiac conditions. son injured by the smallpox vaccine will be sponders last December, many criticized the The Administration’s Smallpox Vaccine covered by workers’ compensation or will be plan for being incomplete. Not only did it not Compensations bill is inadequate in numerous adequately insured. In fact, there are only 14 include a federal compensation fund to help ways. Among its inadequacies, it: States where it appears at all certain that those injured by the vaccine or their survivors, Fails to provide adequate funding to ensure claims for benefits will be honored by the but the plan did not provide adequate edu- that state and local public health officials can State workers’ compensation program, based cation, prescreening, or surveillance. The rel- implement needed pre-inoculation education on a recent survey by the AFL–CIO. As a re- atively few numbers of health care workers and screening and post-inoculation surveil- sult, those injured by the smallpox vaccine and first responders who have received the lance programs; may receive far less total compensation than vaccine—only about 21,700 to date—indicate Ignores the need for work place protection other first responders currently covered by that there are real concerns about the plan’s standards for individuals who refuse to volun- their Public Safety Officers Benefit program. shortcomings. teer for the vaccine program; If, for example, under H.R. 1463, a 30-year- After all, the smallpox vaccine uses a live Provides no requirement that health insur- old nurse were permanently injured or killed strain of the virus. The vaccine has the worst ance companies guarantee health insurance as a result of the vaccine, she or her survivors record of negative side effects of any vaccine coverage for adverse medical events that would be eligible for a one-time lump sum in the world. So it is critical that those being occur from participating in this voluntary pro- payment of $262,100. This amount is equiva- vaccinated understand the risks involved and gram; lent to 5 years’ pay for the average nurse. be prescreened for conditions that require Fails to guarantee immediate access to This is not adequate compensation for a nurse them to avoid the vaccine. The recent deaths medical care for volunteers who have no in- unable to work, her family or her survivors. of a nurse, a nurses aide, and a National surance or who are not eligible for Medicaid or Partial and temporary disabilities as a result of Guardsman after their vaccinations only un- Medicare; the smallpox vaccine are also arbitrarily derscore this point. Provides a wholly inadequate death benefit capped with a lifetime payout at $262,100. Like the President’s plan, this bill has seri- and a benefit for permanent and total disability Compensation should be provided to workers ous shortcomings. In particular, I’m concerned limited to $262,100. This in no way replaces

VerDate Jan 31 2003 01:28 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\A31MR7.014 H31PT1 H2492 CONGRESSIONAL RECORD — HOUSE March 31, 2003 the lifetime income that will be lost to the fami- ing, diabetes, high blood pressure and/or high lished review procedures mandated by the Ad- lies of the brave individuals who volunteer for cholesterol should receive the smallpox vac- ministrative Procedures Act—both within the this inoculation and are adversely affected; cine. Given the cost of screening for the Committee’s jurisdiction. Furthermore, Section Fails to compensate individuals who be- above factors, it is particularly troubling that 3 of H.R. 1463 amends 42 U.S.C. § 233(p) to come sick and miss work for 5 or fewer days; there is no guaranteed funding for medical assume liability for the government relative to Doesn’t guarantee that the compensation screening, education or surveillance. Our a new category of acts and omissions by program is even funded. Rather than making armed services personnel received personal- those acting within the scope of their duties as it a mandatory appropriation which would as- ized education, and free and confidential part of the smallpox vaccination program. Sec- sure that the program is fully funded, it is dis- prescreening prior to the administration of the tion 3 of the bill also modifies the require- cretionary spending; subject to the vagaries of vaccine. This process resulted in one-third of ments for exhaustion of remedies, statute of the annual appropriations process. the potential recipients being screened out of limitations, offsets, and exclusivity of relief These many inadequacies have lead every the program. We should offer the same edu- available for tort claims in federal district major organization representing nurses, fire cation and screening opportunities to our courts arising from smallpox vaccinations ad- fighters, and other frontline personnel to op- nurses and first responders. ministered under a declaration by the Sec- pose the legislation. These organizations in- Finally, Mr. Speaker, even though this bill retary of HHS. These provisions of H.R. 1463 clude the American Nursing Association falls short on a compensation and education are also clearly within the Rule X jurisdiction (ANA), the American Public Health Association and screening program, I remain hopeful that of the Committee on the Judiciary. (APHA), the International Association of Fire the Emergency Supplemental will at least pro- If the Committee on the Judiciary had the Fighters, the Infectious Disease Society of vide adequate funding for States and localities luxury of unlimited time, we would certainly America and the Service Employees Inter- to administer this program when and if an seek the normal referral of H.R. 1463 to ex- national Union (SEIU). adequate compensation program is put in amine these and other provisions further and My colleagues, Representatives HENRY place. consider any appropriate changes. However, WAXMAN and LOIS CAPPS, have introduced Mr. SENSENBRENNER. Mr. Speaker, the as I stated earlier, the Administration has legislation (H.R. 865) to create a smallpox in- bill before the House today, H.R. 1463 con- pleaded the need for swift passage and imple- oculation compensation program that would tains several provisions that are within the ju- mentation of this new compensation program meet the needs of these brave volunteers. Un- risdiction of the House Committee on the Judi- to encourage necessary smallpox vaccina- fortunately, the Republican Leadership has ciary as provided in Rule X of the Rules of the tions. The Administration and many of my col- forbidden that bill to be considered by the full House of Representatives for the 108th Con- leagues believe that the importance of these House. For that reason, we are forced to vote gress. The Committee on the Judiciary would vaccinations to the security of our homeland NO today and try to get the Republican Lead- normally proceed under regular order to exam- against biological attack outweighs consider- ership to recognize that providing true protec- ine legislation containing such provisions with- ations about the normal legislative process in tion to our emergency personnel who have in our jurisdiction and take appropriate actions this case. I do not dispute that assessment, volunteered to become inoculated against in Committee meetings. and therefore as Chairman of the Committee smallpox is a priority for this Congress. We However, the Bush Administration has main- on the Judiciary I have agreed that this bill need to do the job right! tained that there is a pressing need for this should move forward in an expedited fashion I urge my colleagues to vote against H.R. legislation’s swift passage in order to provide without the normal review by our Committee. 1463 today and insist that a compensation bill first responders and other emergency per- Mr. UDALL of New Mexico. Mr. Speaker, I that truly protects the interests of these volun- sonnel with all due encouragement and assur- rise in opposition to the Small Pox Vaccination teers for the smallpox inoculation program be ances to participate in ongoing smallpox vac- Compensation Fund Act. returned to this Chamber for a vote and cinations. Because of the exigent cir- We should give pause about voting for a passage. cumstances, the Committee on the Judiciary, smallpox bill that does not safeguard the Mr. TOWNS. Mr. Speaker, I rise today in like the Committee on Energy and Commerce health, safety and livelihood of workers asked opposition to H.R. 1463. While it offers signifi- and the Committee on Education and the to volunteer for the smallpox vaccination. This cant liability protections to those entities that Workforce, has elected not to hold a hearing bill is opposed is by a number of groups, in- are responsible for administering the vaccina- or markup on this legislation and has allowed cluding the International Association of Fire tion program, it simply does not provide the it to proceed for consideration by the full Fighters and the American Nurses Associa- protection required by frontline health workers House. The Committee’s deferral of action tion. who have been asked to volunteer for the na- should not be interpreted as any lack of juris- tional smallpox vaccination program. More to diction over or interest in H.R. 1463. There has been a great reluctance among the point, we have had three recent deaths, The primary purpose of the bill is to estab- health care workers and first responders to which can be reasonably traced to the vac- lish a compensation program for emergency risk the loss of health and income without an cinations, and several other workers and mili- personnel directed to receive smallpox vac- adequate safety net for themselves and their tary personnel have experienced cardiac-re- cines pursuant to authorities granted by the families. While the legislation is promised on lated problems after being vaccinated. 107th Congress in legislation establishing a the assumption that workers will be eligible for All the major unions—Service Employees Department of Homeland Security. This new workers’ compensation in the event of an in- International Union, American Federation of program is to be established under the Public jury, the reality is that, in most states, workers Teachers, American Nurses Association, Inter- Health Service Act and is to be under the di- cannot depend on this. In fact, there are only national Association of Firefighters, Inter- rection and control of the Secretary of Health 14 states where it appears certain that claims national Union of Police Associations—who and Human Services. The bulk of the provi- for benefits will be honored by the state work- represent health workers and first responders, sions in Section 2 of H.R. 1463 dedicated to ers’ compensation system. have declared that this legislation fails to pro- establishing the new compensation program Therefore, workers who are permanently vide an adequate compensation program. are outside the scope of the Judiciary Commit- and totally disabled will be eligible only for this Thus far, only 14 states have been able to tee’s jurisdiction. bill’s maximum benefit of $262,100. This rep- definitely assure workers that workers’ com- However, H.R. 1463 also contains provi- resents about five years’ wages for the aver- pensation programs would cover them. Fur- sions related to judicial review of determina- age nurse. For a worker who becomes par- ther, innocent third parties who suffer adverse tions made by the Secretary of HHS under the tially disabled either temporarily or for life, the reactions are not covered by workers’ com- Act and provisions modifying existing statutes maximum benefit payable is only $50,000. If pensation. In the ’60’s, more than 20% of the concerning the liability of the United States the aim of the legislation is to encourage adverse vaccination events occurred in sec- and remedies available under the Federal Tort workers to be vaccinated, this bill will not do ondary contacts. Therefore, the vaccination Claims Act (Chapter 171 and section 1346(b) the job. Workers will continue to be reluctant program poses a risk not only to first respond- of Title 28 United States Code) for covered to be vaccinated in the absence of assurances ers, but also to their patients and their fami- persons suffering injury resulting from small- that the economic security of their families will lies. pox vaccinations. These provisions are clearly not be jeopardized. Moreover, public health experts, like the within the Rule X jurisdiction of the Committee I also object to the bill’s requirement that Centers for Disease Control’s Advisory Com- on the Judiciary. workers receive the vaccination within 120 mittee on Immunization Practices, now ques- For example, Section 2 of H.R. l adds new days of the date regulations are issued. Any tion whether anyone with three or more ‘‘major provisions titled ‘‘(e) Review of Determination’’ worker who is vaccinated under the Sec- risk factors’’ for heart disease, including smok- that affects the role of the courts and estab- retary’s declaration must be eligible for federal

VerDate Jan 31 2003 01:28 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A31MR7.018 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2493 compensation. It is punitive to deny com- On January 24 of this year, Secretary gency medical technicians, and other first re- pensation to a worker who participates at a Tommy Thompson asked hospital workers, sponders. late date. police officers, firefighters, and other public of- They are being asked to step forward and The legislation fails to ensure that the small- ficials, to volunteer to receive the smallpox take a vaccination that has the potential for pox program will be carried out safely, in stark vaccination. Understandably, the reception dangerous side effects—including the possi- contrast to the program in place for military was lukewarm. Nurses and physicians were bility of death. personnel. The bill does not establish any concerned about the side effects of the vac- Make no mistake about it. The votes that standards for ensuring that workers are prop- cine and wanted to be compensated for any count are not the votes that we will cast here erly educated and medically screened prior to medical care or lost employment they incurred in this body. The votes that count are the volunteering for the vaccination. A careful pro- as a result of their vaccination. Hospitals were votes of those men and women who are gram to screen out workers with contraindica- worried about liability. And public health de- nurses, medical workers, firefighters, EMTs, tions will not only save lives, it will reduce the partments were worried about the cost. police officers, and others who will go to the amount of federal money needed for com- In response, we have H.R. 1413. This legis- state health department and roll up their pensation. The legislation also fails to include lation addresses the concerns of all of those sleeves and take a risk to help improve the requirements for monitoring those who are individuals. We will now compensate vac- nation’s prepareness against terrorist attack. These are not people who avoid risk. They vaccinated to catch adverse reactions before cinated individuals for lost wages and medical take risks almost every day. You know who they develop into life threatening complica- expenses. Additionally, if they suffer a perma- they are. They are the caregivers who tend to tions. There is also no funding for state and nent disability, or, in the very unfortunate and the sick, rescue the victims, and walk the local public health departments to carry out unlikely case, death, we will give them the streets to make us safer. the program safely. same amount of money that police officers They are the night-duty emergency room Another significant flaw in the bill is that and firefighters receive if killed in the line of nurses who crawled through the rubble of the funding for the compensation program is not duty. The legislation clarifies that if a vac- Federal Building in Oklahoma City to try to mandatory. Workers who have lost their health cinated individual infects other individuals— find someone—anyone—who was still alive. and livelihood should not have to wage a fight they too are eligible for those benefits. Finally, They are the firefighters who ran up the for compensation each year during the appro- the legislation amends the Homeland Security stairs instead of down the stairs in the World priations process. Act to ensure that hospitals, pharmacists, pub- Trade Center to help the last of the people The legislation also fails to include a table of lic health departments and any other involved trapped in that horrific nightmare to escape. injuries that ensures that workers will be individuals will not be liable for properly vacci- They are the police officers who walk the awarded compensation quickly. After years of nating people who then suffer adverse reac- beat every day and who risk their lives to keep experience with the smallpox vaccine, there tions. us safe. are injuries, that occur within specific time- One very important point about this legisla- They are also mothers and fathers, care- frames, that are known to be caused by the tion is that it continues to give the Centers for givers for elderly parents, and breadwinners vaccine. This schedule of injuries must be in- Disease Control and Prevention, State and for their families. And they have a very human cluded to ensure that compensation will be local health departments, and hospitals the and understandable desire to protect their quick and certain. Otherwise, workers cannot flexibility they need to correctly vaccinate thou- families in case something goes wrong. be certain before receiving the vaccine that sands of people. In light of the unfortunate sit- It is an unfortunate fact that some of the the most likely serious injuries will qualify for uation in Maryland, concerns have been people who will take the smallpox vaccine will compensation. raised about vaccinating individuals with heart suffer serious adverse effects that could cause Unfortuantely, but not surprisingly, the conditions. The CDC Director promptly re- them to be unable to continue their current House Rules Committee has denied an oppor- sponded by recommending that those individ- job, see their pay reduced or—if they were to tunity for an alternative measure to be on the uals be screened out of the vaccination pool. become totally and permanently disabled— floor. Had the Capps-Waxman substitute been We all want this program to be successful, lose the ability to work altogether. allowed, I would have supported it. In contrast and success depends on flexibility and Fed- They could even lose their lives. We have to the proposal designed by the Bush adminis- eral Government support when individuals suf- all seen the news reports of the National tration and introduced by Representative fer adverse reactions. Guardsman, the nurse’s aide in Florida, and BURR, the Capps-Waxman substitute includes Let me end by saying that I am extremely the nurse on the Eastern Shore of Maryland. measures to safeguard the health and safety proud of North Carolina and its response to Each of them received the vaccine, but then of workers asked to volunteer for the smallpox Secretary Thompson’s request. Thus far 26 later died of cardiac arrest. vaccination program. Moreover, the Capps- hospitals have vaccination plans, 875 individ- We don’t know, yet, whether there is a di- rect link between the smallpox vaccine and Waxman substitute better addresses the con- uals have been vaccinated, and many more these heart problems. The Centers for Dis- cerns of workers who fear that a serious injury have volunteered. I believe that this legislation ease Control have not been able to definitively or death from the smallpox vaccine would lead will reassure all of the current and future vac- to economic catastrophe for themselves and rule a connection in or out. cination recipients in North Carolina and But the CDC has now recommended that their families. As a result, the Capps-Waxman around this country that the Federal Govern- anyone who has a known heart ailment not re- substitute will provide for a safer and more ef- ment wants this program to work and backs ceive the smallpox vaccination. fective smallpox vaccination program. up our request through compensation benefits. And New York State and Illinois—as well as The BURR legislation is deeply flawed and I Ms. PELOSI. Mr. Speaker, I had hoped to a number of municipalities—have temporarily urge my colleagues to oppose it. come to the Floor today with a bill I could rec- suspended any further vaccinations until there Mr. BURR. Mr. Speaker, this legislation, ommend to my colleagues on both sides of is a more thorough investigation. ‘‘The Smallpox Emergency Personnel Protec- the aisle. The bottom line is, whether any connection tion Act,’’ is another positive step towards pre- We had been working together, over the is proven between the smallpox vaccine and paring our citizens for a bioterrorist attack. past few days, in serious negotiations over heart disease, there will ultimately be injuries For more than 2 years, I have been working what would be required of a vaccine program and deaths from the vaccine. There is no on legislation to strengthen and build our na- in order for our nurses and first responders to question of that. tion’s public health system. The first bill was feel secure enough to put their health, their The choice of whether to get vaccinated is signed into law in 2000 and established grant lives, and their livelihoods on the line by taking up to the nurses and the other first responders programs to address core public health capac- a smallpox vaccination. themselves based, in part, on the adequacy of ity needs. The second bill was last year’s bio- There was progress on some features that the vaccine program we provide for them. terrorism legislation. In part, that legislation are reflected in this bill. We are grateful for That is why we believe an adequate small- built on the grant structure created in 2000 that. pox vaccine compensation package has to and sent a significant amount of money to our But unfortunately, those talks broke down have a clear education component so that the public health infrastructure. That money is cur- last week and we find ourselves instead in a health care workers and other first responders rently funding basic needs such as computers process that restricts our discussion of this will know what the most likely side effects will and Internet access for public health depart- issue and does not allow us to consider a be and what the effects could be on their fami- ments and more specific needs such as de- Democratic alternative—proposed by col- lies. contamination chambers. Needs that are es- leagues LOIS CAPPS and HENRY WAXMAN— Legislation of this kind should have the sential for providing public health care serv- that is based on the recommendations of the strongest possible pre-screening program ices and critical for bioterrorism preparedness. nurses, the firefighters, the police, the emer- based upon the most up-to-date information.

VerDate Jan 31 2003 01:46 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A31MR7.021 H31PT1 H2494 CONGRESSIONAL RECORD — HOUSE March 31, 2003 It should have an aggressive monitoring Finally, Mr. Speaker, we are all aware of ac- unapologetically dismissive of the very people program so that health experts can follow up counts of three deaths in the last week or so this bill alleges to protect . . . the nurses, fire- the vaccinations and look out for patterns of from cardiac arrest in persons who received fighters, police, and others who voluntarily adverse reactions so we can adjust the pre- the smallpox vaccine. Health care officials place themselves at risk on our behalf. screening program. cannot positively rule out the smallpox vaccine Public health experts and first responders And it should provide a level of financial se- as the cause or a contributing factor in these tell us that H.R. 1463 falls short in funda- curity so those who take the vaccination can deaths. The CDC has taken swift action to re- mental ways. be assured that their families will receive com- vise its guidelines and has indicated that there To meet the goals of efficiency, timeliness, pensation if they become disabled or lose their may be further revisions. These uncertainties fairness, and program integrity, the compensa- lives protecting Americans from the horrific ef- about the known, and I hasten to add the un- tion program must be backed by an injury fects of a terrorist-sponsored smallpox attack. known, risks of the smallpox vaccine have table. H.R. 1463 lacks one. The Republican bill falls short on each of greatly increased the fear factor among pro- Responsible administration of any vaccina- these counts. spective vaccinees. We should be doing all we tion program requires education, pre-screening There is a better way. We can defeat this can to obtain and assess the relevant informa- and surveillance. H.R. 1463 requires these ac- bill under the suspension of the rules. We can tion on the vaccine and smallpox risks. That tivities, but doesn’t fund them. go back to the negotiating table or we can cannot be done by using the process by which A lynchpin in any compensation program is bring a new bill to the Floor with a substitute this bill is before us today. We have had no guaranteed funding. Without it, financial pro- amendment that the nurses and first respond- hearings, no markups, and no opportunity to tection is a possibility, not a promise. There’’s ers say will truly respond to their concerns. perfect this bill on the floor with amendments. no security in that. And there is no guaranteed My colleagues, I urge you to defeat the Burr All we have is the administration’s proposal funding in H.R. 1463. bill today. Let us have a vote on the Capps- and a take it or leave it procedure. The incidence of smallpox vaccine injury is Waxman proposal that will better protect our I recommend that we listen to our first re- rare. However, in the event a serious injury public servants—our heroes and our hero- sponders, vote ‘‘no’’ on H.R. 1463, and get occurs, volunteers may be out of work for an ines—and better produce the desired effect of busy writing legislation we can all support. extended period or permanently. First re- having more frontline workers inoculated Mr. BROWN of Ohio. Mr. Speaker. This sponder volunteers, and their families, must against a smallpox attack. be assured adequate and continuing financial Mr. Speaker, I urge a ‘‘no’’ vote on the Re- isn’t, or shouldn’t be, a partisan debate. Democrats and Republican members of Con- protection. publican bill. H.R. 1463 would cap funding so that wage Mr. DINGELL. Mr. Speaker, I join the mil- gress are in the same boat. The question we replacement would run out after about five lions of our Nation’s first responders in opposi- have to answer for ourselves is: do we vote years. For permanent disability or death. ‘‘In- tion to H.R. 1463, the Smallpox Emergency ‘‘yes’’ to a bad bill, or do we demand some- adequate’’ doesn’t begin to describe it. ‘‘Insult- Personnel Protection Act of 2003.’’ Right after thing better? we defeat this bill, I hope that we set about The answer to that question is important. ing’’ is closer to the mark. H.R. 1463 is not a legitimate financial safe- the task of crafting bipartisan legislation that Critical protections for first responders and guard. It’s a placebo. Our nurses, firefighters, all members of the House can support. The their families hang in the balance. EMTs, and other first responders deserve bet- very people this bill purports to help—nurses, H.R. 1463 is supposed to protect members EMTs, police officers, firefighters—find this of the police, the nation’s nurses, our fire- ter. Mr. TAUZIN. Mr. Speaker, I yield hastily crafted legislation lacking. Why? Be- fighters, and other first responders who volun- tarily receive a smallpox vaccine, and sustain back the balance of my time. cause it fails to address their very significant The SPEAKER pro tempore (Mr. concerns. an injury from that vaccine. PETRI). The question is on the motion Mr. Speaker, we are voting on smallpox But the Nation’s first responders oppose this offered by the gentleman from Lou- vaccine injury legislation today because the bill. This bill is supposed to increase the num- Administration’s current vaccine program is ber of first responders who voluntarily receive isiana (Mr. TAUZIN) that the House sus- not working. Only a fraction of the number of a smallpox vaccine. pend the rules and pass the bill, H.R. first responders that the Administration has But the bioterrorism experts who helped put 1463. The question was taken. said are needed to protect us have volun- together the smallpox vaccine program say The SPEAKER pro tempore. In the teered to take the smallpox vaccine. The Ad- H.R. 1463 won’t work. It won’t improve partici- opinion of the Chair, two-thirds of ministration has recommended that as many pation rates. those present have voted in the affirm- as ten million first responders be vaccinated So the choice both Republican and Demo- ative. for smallpox so that if we ever are attacked by crat members of Congress face is whether to Mrs. CAPPS. Mr. Speaker, on that I the use of smallpox we will have a core ca- dismiss the concerns of first responders, ig- demand the yeas and nays. pacity of health care and emergency per- nore the advice of bioterrorism experts, and The yeas and nays were ordered. sonnel vaccinated and able to take appro- vote for this bill anyway. The SPEAKER pro tempore. Pursu- priate action right away. The latest numbers Have members of Congress become so far ant to clause 8 of rule XX and the from CDC indicate that less than 26,000 of removed from the people we represent that Chair’s prior announcement, further them have been vaccinated. Why so few? Be- we would pass a bill opposed by the very men proceedings on this motion will be cause the vaccination carries with it substan- and women it is supposed to protect? postponed. tial risks, including adverse affects that could Do we in Congress really think we know cause disability and, in some cases, death. better than bioterrorism experts when it comes f Proponents of H.R. 1463 will make much of to bioterrorism preparedness? b 1500 what they think that bill does. I ask you to Protecting first responders and their families focus on what it lacks. H.R. 1463 does not do in the event of a vaccine injury and bolstering HONORING FAYETTEVILLE, NORTH enough to ensure adequate screening and vaccine participation rates are important objec- CAROLINA, ON CENTENNIAL OF education and otherwise prevent adverse tives. WILBUR AND ORVILLE WRIGHT’S events from happening in the first place. In the They are time-sensitive objectives. The Na- FIRST FLIGHT event that tragedy strikes and someone is in- tional Smallpox Vaccination program is al- Mr. LATOURETTE. Mr. Speaker, I jured or killed by the vaccine, H.R. 1463 does ready underway, and participation is lagging move to suspend the rules and agree to not make adequate provision for lost wages. far behind goal. the concurrent resolution (H. Con. Res. And, what H.R. 1463 lacks is support from the About 25,000 people have been vaccinated, 58) honoring the City of Fayetteville, people to whom it is intended to appeal. H.R. less than 5 percent of the March 1 bench- North Carolina, and its many partners 1463 is opposed by the American Public mark. The experts tell us H.R. 1463 won’t for the Festival of Flight, a celebration Health Association, the International Union of jumpstart the smallpox vaccine program, so it of the centennial of Wilbur and Orville Police Associations, the American Nurses As- won’t enhance bioterrorism preparedness. Wright’s first flight, the first con- sociation, the International Association of Fire Congress must now waste valuable time en- trolled, powered flight in history. Fighters, the American Federation of Teach- acting the wrong bill, particularly when our na- The Clerk read as follows: ers, the American Federation of State, County, tion’s ability to respond to bioterrorism is at H. CON. RES. 58 and Municipal Employees, the Service Em- stake. Whereas on December 17, 1903, Wilbur and ployees International Union, and the Infectious Nor should members of either side of the Orville Wright achieved history’s first sus- Disease Society of America. aisle support legislation that is tained and controlled flight with a heavier-

VerDate Jan 31 2003 03:17 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.026 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2495 than-air, engine-powered aircraft at Kitty brothers named Orville and Wilbur Ohio, moved to Kitty Hawk, North Hawk, North Carolina; Wright realized their lifelong dream of Carolina, for the hills, strong and Whereas the Wright brothers’ first flight operating an engine-powered flight ma- steady winds, and the soft-sanded lasted only 12 seconds and spanned approxi- chine. On that historic day, they had ground, ingredients for a successful mately 120 feet, but ushered in the era of modern aviation; traveled about 120 feet in the air for 12 flight. They went back to Dayton and Whereas the City of Fayetteville, North seconds at the helm of the 1903 Flyer, a built a 6-foot wind tunnel to conduct Carolina, will host a series of aviation-re- vehicle they had constructed after experiments with over 200 different lated events worthy of the 100-year anniver- years of labor and research. The Wright wing models. They developed the first sary of the Wright brothers’ momentous brothers were pioneers in the truest reliable tables on the effects of air achievement at Kitty Hawk; sense of the term. Their strong desire pressure on curved surfaces. The prin- Whereas the Fayetteville Festival of to create a flying vehicle was frus- ciples that we use today and that we Flight will take place May 16–26, 2003, and trated only by the fact that there was see on every airplane were the very will be the largest public centennial event in North Carolina celebrating the first flight so little aeronautical data that existed principles that they explored. and 1 of only 4 events nationwide endorsed as at the time on which to base their ef- In 1903 the Wright brothers com- a full partner by the United States Centen- forts. But the Wright brothers focused pleted the construction of a larger nial of Flight Commission; their ambition into building a wind plane powered by their own lightweight Whereas retired General Henry Hugh tunnel from which they could generate gas-powered engine and returned to Shelton, former Chairman of the Joint their own empirical information on Kitty Hawk. On December 17, 1903, four Chiefs of Staff and Congressional Gold Medal how to lift a vehicle into the air. They men and a boy witnessed the first recipient, is the Honorary Event Chair; even designed and constructed their flight, a flight which dramatically Whereas the Fayetteville Festival of Flight will feature a weekend arts festival, a own lightweight gas-powered engine changed the course of transportation, military air show at Pope Air Force Base, a that produced only 12 horsepower, but commerce, communication, and war- general aviation air show at Grannis Field was a massive innovation at the time. fare throughout the world. and an exposition with aviation displays and The brothers began large-scale test- I hope that the Festival of Flight will interactive exhibits depicting the past, ing of their ideas with the combination educate Americans to the achieve- present, and future of flight; kite and glider in 1900. Their ideas test- ments of the Wright brothers and their Whereas a year-long educational cur- ed on this aircraft were further refined contributions to the development of riculum has also been developed to encour- into a glider they fashioned in 1901. this Nation. I urge my colleagues to age students’ interest in aviation and flight Using the information generated from support this legislation. technology; Mr. Speaker, I yield 6 minutes to the Whereas this educational focus will cul- their glider along with the wind tunnel minate with 1,000 students being sponsored data, Orville and Wilbur constructed author of the proposal before us, the each day for exclusive access to the Fes- the Flyer in 1903. The plane featured gentleman from North Carolina (Mr. tival’s Aviation Exposition; and the two-tiered wing design with two ETHERIDGE), to speak in support of the Whereas the City of Fayetteville and a propellers that we have all seen in the concurrent resolution before us. number of civic groups, private businesses, photographs. The wings were 40 feet Mr. ETHERIDGE. Mr. Speaker, I government agencies, and military partners, long and were separated 5 feet apart, thank the gentleman for yielding me are joining together to honor the Nation’s one on top of the other. The plane this time. Let me thank the gentleman aerospace achievements: Now, therefore, be from Virginia (Mr. TOM DAVIS) and the it weighed right around 700 pounds. Com- Resolved by the House of Representatives (the paratively, a Boeing 747 today has an majority leader and the majority whip Senate concurring), That Congress honors the overall wing span of more than 231 feet for getting this piece of legislation to City of Fayetteville, North Carolina, and its and weighs 875,000 pounds at takeoff. the floor. many partners, for the Festival of Flight, a Mr. Speaker, this House ought to It is my great pleasure to rise today celebration of the centennial of Wilbur and commemorate the Wright brothers’ in- and speak on behalf of this legislation, Orville Wright’s first flight, the first con- spirational story. It is hard to argue having authored it, along with every trolled, powered flight in history. against the notion that few events in member in our North Carolina delega- The SPEAKER pro tempore (Mr. the 20th century had greater social, tion, in honoring the City of Fayette- PETRI). Pursuant to the rule, the gen- cultural, or economic impacts on to- ville of North Carolina as they begin to tleman from Ohio (Mr. LATOURETTE) day’s world than Orville and Wilbur celebrate the 2003 Festival of Flight. As and the gentleman from California (Mr. Wright’s first momentous flight. many of the Members and has already WAXMAN) each will control 20 minutes. Therefore, I urge all Members to join been stated today, almost 100 years ago The Chair recognizes the gentleman Fayetteville, North Carolina, in the now two brothers took a chance, be- from Ohio (Mr. LATOURETTE). celebration of the 100th anniversary of lieved in a dream, and made history. In GENERAL LEAVE the Wright brothers’ first flight by sup- just 12 seconds the world was changed Mr. LATOURETTE. Mr. Speaker, I porting the adoption of House Concur- forever. Man took to the skies and the ask unanimous consent that all Mem- rent Resolution 58. world became smaller. The boundaries bers may have 5 legislative days within I want to thank and commend the were pushed outward, and the impos- which to revise and extend their re- gentleman from North Carolina (Mr. sible became possible. marks on the concurrent resolution ETHERIDGE) for introducing this impor- Wilbur and Orville Wright, proud under consideration. tant measure. sons of the great State of Ohio, The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of brought their dreams and flying ma- objection to the request of the gen- my time. chine to the windy beaches of Kitty tleman from Ohio? Mr. WAXMAN. Mr. Speaker, I yield Hawk, North Carolina, in the winter of There was no objection. myself 2 minutes. 1903. The Wright brothers came to Mr. LATOURETTE. Mr. Speaker, I In October, 1998, this body passed a Kitty Hawk well prepared for their yield myself such time as I may con- bill to establish a commemoration of great achievement. They had been ex- sume. the centennial of powered flight and perimenting with aeronautics for Mr. Speaker, House Concurrent Reso- the achievements of the Wright broth- years; and by the time they came to lution 58 introduced by our distin- ers. The commemoration activities set North Carolina in December of 1903, the guished colleague from North Carolina forth in that bill will come to fruition men had completed more than 1,000 (Mr. ETHERIDGE) honors the City of this year with the Festival of Flight. flights in gliders of their own design. Fayetteville, North Carolina, and its The Festival of Flight will consist of Their diligence and perseverance paid many partners for the Festival of four events that will be held nation- off that year. Flight, a celebration of the centennial wide to celebrate Wilbur and Orville On a cold and windy morning on De- of Wilbur and Orville Wright’s first Wright’s first flight. Wilbur and Orville cember 17, 1903, Orville Wright climbed flight, the first controlled, powered Wright manned the first successful aboard the Kitty Hawk, started the en- flight in history. controlled and sustained powered gine, and flew. Orville Wright described Mr. Speaker, on December 17, 1903, a flight. The Wright brothers, originally the experience as follows: ‘‘The first pair of Ohio bicycle shop owners and bicycle store owners from Dayton, flight lasted only 12 seconds, a flight

VerDate Jan 31 2003 01:46 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.029 H31PT1 H2496 CONGRESSIONAL RECORD — HOUSE March 31, 2003 very modest compared with that of It is our hope that the Fayetteville adapting and implementing a cur- birds, but it was, nevertheless, the first Festival of Flight will stimulate simi- riculum of aviation history and tech- in the history of the world in which a lar interests and curiosity in the thou- nology for the fourth, eighth, and 11th machine carrying a man had raised sands of school children scheduled to grades. In addition, there will be a itself by its own power into the air in attend this event. In order to promote huge parade on Memorial Day itself on free flight, had sailed forward on a interest in aviation education and the May 26 honoring those who have given level course without reduction of Wright brothers’ achievements, the their very lives in the quest of flight. speed, and finally landed without being State of North Carolina has developed Mr. Speaker, this is a once-in-a-life- wrecked.’’ a special curriculum on aviation his- time event, and we are here today to What many people did not realize is tory and technology that schools honor and to celebrate the all-Amer- that the brothers completed a total of across the State have been using this ican city of Fayetteville and its many four flights that day, the longest cov- whole year. The curriculum includes partners for this fabulous Festival of ering 852 feet in 59 seconds. The Wright art, science, and essay competitions. Flight celebration. So many people in brothers’ achievement stunned the Winners will be guests of the festival, organizations have contributed time, world and began one of the most active which is also scheduled to host 1,000 energy and resources to plan for this periods of scientific research and ex- students and 100 teachers every day of special 11-day event. We hope that each perimentation in our history. However, the festival. of the Members and all Americans can despite all of our successes and im- In closing, let me thank all of the join to look back and honor the work provements to flying machines, their members of the North Carolina con- of the Wright brothers and also look basic design remains very familiar to gressional delegation for joining me in forward to another 100 years of that of the Wright brothers. sponsoring this resolution. I also want progress in flight. I urge the passage of In honor of the centennial of flight, to thank the people of Fayetteville, this matter. the people of Fayetteville, North Caro- Fort Bragg, and Pope Air Force Base Mr. HAYES. Mr. Speaker, I rise today in lina, in my congressional district, and for their enthusiastic support of the strong support of honoring the City of Fayette- the gentleman from North Carolina Festival of Flight. I also wish to invite ville, North Carolina, and the many public and (Mr. MCINTYRE) and the gentleman all Members of Congress and their fam- private partners for their participation in orga- from North Carolina (Mr. HAYES) have ilies and their staffs to come to Fay- nizing the Festival of Flight. The Festival of planned a celebration worthy of their etteville, North Carolina, to help us Flight will be the largest public centennial achievement. The Festival of Flight will be, as the kick off and celebrate one of the event in North Carolina and one of only four Members have heard, one of four in the world’s most monumental achieve- events nationwide endorsed as a full partner United States sanctioned by the United ments: flight. by the United States Centennial of Flight Com- States Centennial of Flight Commis- Mr. LATOURETTE. Mr. Speaker, I mission. sion. The 11-day festival will feature a reserve the balance of my time. On December 17, 1903, Wilbur and Orville Mr. WAXMAN. Mr. Speaker, I yield 5 2-day military air show at Pope Air Wright launched mankind’s first sustained and minutes to the gentleman from North Force base and a general aviation show controlled flight in a heavier-than-air, engine Carolina (Mr. MCINTYRE), one of the co- at the Fayetteville regional airport. powered aircraft at Kitty Hawk, North Carolina. The event will also present aviation sponsors of this legislation. Although the flight only lasted 12 seconds, Mr. MCINTYRE. Mr. Speaker, I am displays and programs, educational ex- and covered approximately 120 feet, this pleased to join my colleagues today hibits, and an art festival. There will achievement fundamentally changed the from North Carolina here on the floor also be special exhibits on space flight world. for the consideration of H. Con. Res. 58. and technology including 1 day devoted The invention of powered air travel altered I appreciate the leadership of the gen- to space exploration and the Shuttle the way we fight wars, revolutionized travel with NASA. The Festival of Flight will tleman from North Carolina (Mr. and commerce, and fueled technological and also feature a detailed replica of the ETHERIDGE) in introducing this resolu- scientific innovation. Fayetteville is blessed to 1903 Wright flight developed by the tion, all of my fellow delegates from be the home of the XVIII Airborne Corps sta- American Institute of Aeronautics and North Carolina, and the gentleman tioned at Fort Bragg and Pope Air Force Base. Aerospace. from Ohio (Mr. LATOURETTE), the gen- These bases are home to some of the most The festival will culminate on Memo- tleman from California (Mr. WAXMAN) advanced and successful aircraft the world rial Day, May 26, where participants in their support of this. has ever seen. From the A–10 Warthog to C– will honor the brave men and women Mr. Speaker, Charles Kettering once 130 cargo planes, aviation in Fayetteville is an who have served in our Nation’s mili- said, ‘‘The Wright brothers flew right interregnal part of the United States armed tary and those who are currently de- through the smoke screen of impos- forces. fending our Nation around the world. sibility.’’ On December 17, 1903, at Kill The Festival of Flight will highlight both civil- Fayetteville is home to Pope Air Force Devils Hill near Kitty Hawk, North ian and military aircraft and the continuing base and Fort Bragg’s XVIII Airborne Carolina, the Wright brothers manned evolution in technology. From an arts festival Corps, the Army’s largest war-fighting the first-ever controlled, powered to military and general aviation air shows, the organization. The XVIII Corps is the flight; and their optimism of achieving past, present, and future of aviation will be on world’s premier power projection force the impossible became our reality and display to educate the public of the continued with tens of thousands of soldiers cur- the reality that has truly opened the importance of aviation. rently serving in Operation Iraqi Free- world for all to see and enjoy. I commend the outstanding work of local dom. As North Carolinians, we are im- leaders and volunteers in the Fayetteville com- In addition to celebrating man’s first mensely grateful for this historic feat munity for their hard work and effort to honor powered flight, the Fayetteville Fes- and look forward to the 100-year cele- this historic moment in human history. tival of Flight will have a special em- bration of this great event. The Wright I urge my colleagues to join with me in hon- phasis on aviation education. This brothers were men of vision and vigor oring the Fayetteville, North Carolina, Festival focus is especially fitting as education whose dream of flight resulted in vic- of Flight by supporting H. Con. Res. 58. played a major role in the Wright tory, not only for them but for all peo- Mr. WAXMAN. Mr. Speaker, I have brothers’ success. ple, for all time, in all places. no further requests for time, and I Even though Orville and Wilbur The largest of the celebrations that yield back the balance of my time. Wright had little formal education, has been sanctioned for this event is Mr. LATOURETTE. Mr. Speaker, I they never graduated from high school, the Festival of Flight to be held in the yield back the balance of my time. but their parents held education in Fayetteville/Fort Bragg/Pope Air Force The SPEAKER pro tempore. The high esteem. Orville Wright once said: Base region of North Carolina from question is on the motion offered by ‘‘We were lucky enough to grow up in May 16 through 26. Among the many the gentleman from Ohio (Mr. an environment where there was al- activities planned are air shows, of LATOURETTE) that the House suspend ways much encouragement to children course, emphasizing both civilian and the rules and agree to the concurrent to pursue intellectual interests, to in- military aviation technology, cultural resolution, H. Con. Res. 58. vestigate whatever aroused curiosity.’’ events including the region’s schools The question was taken.

VerDate Jan 31 2003 01:46 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.025 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2497 The SPEAKER pro tempore. In the distinguished 33-year career with the During his years in public service, opinion of the Chair, two-thirds of United States Postal Service. He Jim Richardson was known for oper- those present have voted in the affirm- reached the rank of postmaster in ating in a bipartisan manner and work- ative. Mount Holly, North Carolina, and was ing hard to improve and promote his Mr. LATOURETTE. Mr. Speaker, on recognized with a Postal Service Cer- community. He always held true to his that I demand the yeas and nays. tificate of Appreciation for his out- convictions and continued to fight the The yeas and nays were ordered. standing career. By all accounts, Jim good fight. This fight continues today The SPEAKER pro tempore. Pursu- Richardson was one of the most friend- as Jim battles against cancer. ant to clause 8 of rule XX and the ly and most wonderful men one would Mr. Speaker, in closing, I would like Chair’s prior announcement, further ever meet. to thank the gentleman from Virginia proceedings on this motion will be Sadly, Mr. Speaker, I understand (Mr. TOM DAVIS) and the gentleman postponed. that Mr. Richardson was diagnosed from Illinois (Mr. DANNY DAVIS), the f with cancer 3 years ago and he is con- ranking member of the Postal Task ducting a brave fight. I know I speak Force, for getting this bill to the House b 1515 for all Members when I say that the Floor. I also commend my colleague, JIM RICHARDSON POST OFFICE thoughts and prayers of this entire the gentleman from North Carolina Mr. LATOURETTE. Mr. Speaker, I House are with Mr. Richardson and his (Mr. WATT) for seeking to honor the in- move to suspend the rules and pass the family. credible contributions made by Jim bill (H.R. 1505) to designate the facility Mr. Speaker, for these reasons, I urge Richardson to his community, and I of the United States Postal Service lo- all Members to support the adoption of urge the swift passage of this measure. cated at 2127 Beatties Ford Road in H.R. 1505. I want to thank our col- Mr. Speaker, we have no further re- Charlotte, North Carolina, as the ‘‘Jim league, the gentleman from North quests for time, and I yield back the Richardson Post Office’’. Carolina (Mr. WATT), for introducing balance of my time. The Clerk read as follows: this meaningful measure. Mr. LATOURETTE. Mr. Speaker, I Mr. Speaker, I reserve the balance of H.R. 1505 urge passage of the legislation, and I my time. yield back the balance of my time. Be it enacted by the Senate and House of Rep- Mr. WAXMAN. Mr. Speaker, I yield The SPEAKER pro tempore. The resentatives of the United States of America in myself such time as I may consume. Congress assembled, question is on the motion offered by As ranking member of the House the gentleman from Ohio (Mr. SECTION 1. JIM RICHARDSON POST OFFICE. Committee on Government Reform, I (a) DESIGNATION.—The facility of the LATOURETTE) that the House suspend United States Postal Service located at 2127 join my colleague, the gentleman from the rules and pass the bill, H.R. 1505. Beatties Ford Road in Charlotte, North Ohio (Mr. LATOURETTE) in the consid- The question was taken; and (two- Carolina, shall be known and designated as eration of H.R. 1505, a bill which names thirds having voted in favor thereof) the ‘‘Jim Richardson Post Office’’. a U.S. postal facility located at 2127 the rules were suspended and the bill (b) REFERENCES.—Any reference in a law, Beatties Ford Road in Charlotte, North was passed. map, regulation, document, paper, or other Carolina after Jim Richardson. This A motion to reconsider was laid on record of the United States to the facility re- bill was introduced by our friend and the table. ferred to in subsection (a) shall be deemed to colleague, the gentleman from North be a reference to the Jim Richardson Post f Office. Carolina (Mr. WATT), on March 27, 2003. For the benefit of my colleagues, NORTHERN IRELAND PEACE AND The SPEAKER pro tempore (Mr. H.R. 1505 has met the committee co- RECONCILIATION SUPPORT ACT PETRI). Pursuant to the rule, the gen- sponsorship requirement and has the OF 2003 tleman from Ohio (Mr. LATOURETTE) support and sponsorship of the entire Mr. SMITH of New Jersey. Mr. and the gentleman from California (Mr. North Carolina State congressional WAXMAN) each will control 20 minutes. Speaker, I move to suspend the rules delegation. and pass the bill (H.R. 1208) to author- The Chair recognizes the gentleman Mr. James Franklin Richardson, Sr., from Ohio (Mr. LATOURETTE). ize appropriations for fiscal years 2004 was born in Charlotte, North Carolina and 2005 of United States contributions GENERAL LEAVE in 1926. After attending elementary and to the International Fund for Ireland, Mr. LATOURETTE. Mr. Speaker, I high school in Charlotte, Mr. Richard- and for other purposes, as amended. ask unanimous consent that all Mem- son went on to join the United States The Clerk read as follows: bers may have 5 legislative days within Navy and fought in World War II. After H.R. 1208 which to revise and extend their re- receiving an honorable discharge from marks on the bill now under consider- the Navy, Mr. Richardson attended and Be it enacted by the Senate and House of Rep- ation. resentatives of the United States of America in graduated from Johnson C. Smith Uni- Congress assembled, The SPEAKER pro tempore. Is there versity with a bachelor of science de- objection to the request of the gen- SECTION 1. SHORT TITLE. gree in physical education and general This Act may be cited as the ‘‘Northern tleman from Ohio? science. Upon graduation, Mr. Richard- Ireland Peace and Reconciliation Support There was no objection. son began a 33-year career with the Act of 2003’’. Mr. LATOURETTE. Mr. Speaker, I United States Postal Service. SEC. 2. FINDINGS; SENSE OF CONGRESS. yield myself such time as I may con- During his tenure with the Postal (a) FINDINGS.—Congress finds the fol- sume. Service, Jim Richardson served as a lowing: Mr. Speaker, H.R. 1505 has been in- service clerk and a postal supervisor. (1) The United States has been effectively troduced by our esteemed colleague, He spent his last 8 years with the Post- engaged in the Northern Ireland peace proc- the gentleman from North Carolina al Service as postmaster in Mount ess through both participating in negotia- (Mr. WATT), and it designates the facil- Holly, North Carolina. Before he re- tions and contributing to the economic de- ity of the United States Postal Service velopment of the region. tired, Jim Richardson had received a (2) Both the Government of Ireland and the located at 2127 Beatties Ford Road in Certificate of Appreciation from the Irish people and the Government of the Charlotte, North Carolina as the ‘‘Jim Service, in ‘‘Recognition of Excep- United Kingdom and the British people are Richardson Post Office Building.’’ tional Performance in the Interest of long-standing friends of the United States Mr. Speaker, State Senator Jim Improved Postal Service.’’ and the American people. Richardson of Charlotte, North Caro- In 1985, Jim was elected to the North (3) In 1986, the United States, in support of lina was a venerable public servant Carolina House of Representatives the Agreement Between the Government of who deserves acknowledgment by this where he served one 2-year term before Ireland and the Government of the United House. Mr. Richardson earned one term being elected to the North Carolina Kingdom (‘‘Anglo-Irish Agreement’’) dated November 15, 1985, initiated annual contribu- as a State representative, followed by 4 Senate. He served 4 terms in the Sen- tions to the International Fund for Ireland terms in the Senate of the Tarheel ate before he retired and was elected to (‘‘International Fund’’) to help bolster eco- State. His time serving in the North the Mecklenburg County Commission nomic development and support programs Carolina State legislature followed a where he served for 6 years. that would foster peace and reconciliation in

VerDate Jan 31 2003 03:17 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.027 H31PT1 H2498 CONGRESSIONAL RECORD — HOUSE March 31, 2003 Northern Ireland and the affected border Northern Ireland remain very important, There was no objection. areas of the Republic of Ireland. and an expansion of efforts in reconciliation Mr. SMITH of New Jersey. Mr. (4) The United States has been a generous projects as a way to promote peace and eco- Speaker, first of all, let me begin by and faithful donor to the International Fund, nomic stability is also encouraged; and thanking our leadership, beginning contributing more than $386,000,000 to help (3) since policing reform is a significant improve relations between Catholics and part of winning public confidence and ac- with the leadership on the committee, Protestants in Northern Ireland through the ceptance in the new form of government in the gentleman from Illinois (Mr. creation of thousands of jobs and cross com- Northern Ireland, the International Fund is HYDE), the chairman of the committee, munity business development. encouraged to support programs that en- and the ranking member, the gen- (5) More than 80 percent of the Inter- hance relations between communities, and tleman from California (Mr. LANTOS), national Fund’s investments have been in between the police and the communities and for the majority leader, the gen- disadvantaged areas offering work experi- they serve, promote human rights training tleman from Texas (Mr. DELAY) for ence and important job training programs for police, and enhance peaceful mediation in scheduling this very, very important for disadvantaged and unemployed youth neighborhoods of continued conflict. piece of legislation for House consider- through the economic, social, and physical SEC. 3. AMENDMENTS TO THE ANGLO-IRISH regeneration of deprived areas. AGREEMENT SUPPORT ACT OF 1986. ation. (6) The International Fund has also devel- (a) FINDINGS AND PURPOSES.—Section 2(b) Mr. Speaker, H.R. 1208, the Northern oped a series of community-building pro- of the Anglo-Irish Agreement Support Act of Ireland Peace and Reconciliation Act grams promoting greater dialogue and un- 1986 is amended by adding at the end the fol- of 2003, reauthorizes U.S. contributions derstanding between Catholics and Protes- lowing: ‘‘Furthermore, the International to the International Fund for Ireland tants and leadership programs designed to Fund is encouraged to support programs that and reaffirms our government’s com- develop a new generation of leaders in North- enhance relations between communities, and mitment to fostering peace and rec- ern Ireland to bring about a more peaceful between the police and the communities and prosperous future in the region. onciliation in Northern Ireland. they serve, promote human rights training Historically, the United States has (7) Through the Anglo-Irish Agreement for police, enhance peaceful mediation in Support Act of 1986 (Public Law 99–415), the neighborhoods of continued conflict, pro- helped advance the peace process in United States also seeks to ensure that its mote training programs to enhance the new Northern Ireland through several ave- contributions promote ‘‘reconciliation in district partnership police boards rec- nues. Since 1997, for example, we have Northern Ireland and the establishment of a ommended by the Patten Commission, and had hearings in the Committee on society in Northern Ireland in which all may assist in the transition of former British live in peace, free from discrimination, ter- International Relations, as well as in military installations and prisons into sites rorism, and intolerance, and with the oppor- the Helsinki Commission; as a matter for peaceful, community-supported activi- tunity for both communities to participate of fact, I chaired seven of those hear- ties, such as housing, retail, and commercial fully in the structures and processes of gov- ings, examining the root causes of the development.’’. ernment.’’. violence in Northern Ireland and the (b) UNITED STATES CONTRIBUTIONS TO THE (8) The Good Friday Agreement reached by need to secure due process rights and the Government of Ireland, the Government INTERNATIONAL FUND.—Section 3 of the Anglo-Irish Agreement Support Act of 1986 is fundamental freedoms for both sides of of the United Kingdom, and political party the divide. The Congress has also leaders on April 10, 1998, created the North- amended by adding at the end the following: ern Ireland Executive Assembly and Execu- ‘‘(c) FISCAL YEARS 2004 AND 2005.—Of the adopted several bills promoting human tive Committee and provided for a ‘‘demo- amounts made available for fiscal years 2004 rights, police reform, and the elimi- cratically elected Assembly in Northern Ire- and 2005 to carry out chapter 4 of part II of nation of job discrimination in North- land which is inclusive in its membership, the Foreign Assistance Act of 1961 (relating ern Ireland. capable of exercising executive and legisla- to the economic support fund), there are au- In addition, we have provided critical tive authority, and subject to safeguards to thorized to be appropriated $25,000,000 for each such fiscal year for United States con- economic support through the Inter- protect the rights and interests of all sides of national Fund for Ireland. Created in the community.’’. tributions to the International Fund. (9) The Good Friday Agreement also called Amounts appropriated pursuant to the au- 1986 by the British and Irish Govern- for police reform and establishment of a thorization of appropriations under the pre- ments, the IFI is an independent, inter- ‘‘new beginning’’ in policing in Northern Ire- ceding sentence are authorized to remain national organization with two pri- land with an effective, accountable, and fair available until expended. Of the amount au- mary objectives: First, it is designed to police service capable of attracting and sus- thorized to be appropriated for fiscal years promote economic and social advance taining support from the community as a 2004 and 2005 under this subsection, it is the in Northern Ireland; and secondly, the whole, capable of maintaining law and order, sense of Congress that not less than 20 per- cent of such amount for each such fiscal year IFI is charged with fostering contact, and based on principles of protection of dialogue, and reconciliation between human rights. should be used to carry out the last sentence (10) In 1999, the Independent Commission of section 2(b).’’. Unionists and Nationalists throughout on Policing in Northern Ireland, mandated (c) ANNUAL REPORTS.—Section 6(1) of the Ireland. by the Good Friday Agreement, made 175 Anglo-Irish Agreement Support Act of 1986 is I would point out to my colleagues, recommendations for policing reform in amended by adding at the end before the Mr. Speaker, that the United States, Northern Ireland, some of which have been semicolon the following: ‘‘, specifically the European Union, Australia, and implemented. through improving local community rela- New Zealand are all donor countries to (11) In 2002, the Department of State, as re- tions and relations between the police and the people they serve’’. the fund. To date, the United States quired by section 701(d) of the Foreign Rela- has provided more than $380 million to tions Authorization Act, Fiscal Year 2003 The SPEAKER pro tempore. Pursu- (Public Law 107–228), issued a ‘‘Report on Po- the fund, and the economic results ant to the rule, the gentleman from have been impressive. licing Reform and Human Rights in North- New Jersey (Mr. SMITH) and the gen- ern Ireland’’ and concluded that among key A recent report conducted by a con- tleman from Florida (Mr. WEXLER) areas of concern that had not been fully im- sortium of independent consultants led plemented was the establishment of a criti- each will control 20 minutes. by KPMG catalogued the following cally-needed new police training facility and The Chair recognizes the gentleman achievements of the IFI: an increase in funding for training programs. from New Jersey (Mr. SMITH). One, 4,400 business projects have been (b) SENSE OF CONGRESS.—It is the sense of Mr. SMITH of New Jersey. Mr. supported, helping to create more than Congress that— Speaker, I yield myself such time as I 37,500 jobs. (1) United States assistance for the Inter- may consume. national Fund has contributed greatly to the Secondly, more than 10,000 young economic development of Northern Ireland GENERAL LEAVE people from the most disadvantaged and that both objectives of the Anglo-Irish Mr. SMITH of New Jersey. Mr. parts and areas of North and South Agreement Support Act of 1986, economic de- Speaker, I ask unanimous consent that have participated in the Wider Hori- velopment and reconciliation, remain crit- all Members may have 5 legislative zons Program, which brings people to- ical to achieving a just and lasting peace in days within which to revise and extend gether, ages 18 to 28, to work camps the region, especially in the economically- their remarks and include extraneous where they receive training and im- depressed areas; material on H.R. 1208, the bill that is (2) although there has been positive eco- provement in their employment pros- nomic development in both the Republic of now under consideration. pects. Ireland and Northern Ireland, International The SPEAKER pro tempore. Is there Overall, 91 percent of the fund’s com- Fund contributions to support much-needed objection to the request of the gen- mitments have been to projects in des- projects in economically-depressed areas of tleman from New Jersey? ignated disadvantaged areas, and more

VerDate Jan 31 2003 01:46 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.032 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2499 than 120 strategic alliances have been criminal justice review, demilitariza- b 1530 supported between businesses in North- tion, and the completion of decommis- He has been a champion of human ern Ireland and the border counties and sioning are among the issues that still rights issues, and this bill today is just businesses elsewhere in Europe and need to be resolved. the most recent example of his leader- North America, Australia, and New However, in recent weeks, let me ship. Zealand. point out to my colleagues, there has In 1986, the Congress adopted the Mr. Speaker, these statistics are im- been a renewed and concerted effort by Northern Ireland Peace and Reconcili- pressive, they are tangible, but there is the British and Irish Governments to ation Support Act, legislation estab- much more to the success of the Inter- address these issues, to bring the major lishing the International Fund for Ire- national Fund for Ireland. It is called political parties together, and to find a land. This legislation today seeks to the peace dividend. way forward before new elections are revitalize this critically important pro- Each day, in disadvantaged and trou- held in May. gram, and it is most appropriate that bled areas of Northern Ireland, the IFI H.R. 1208 ensures that the IFI will we do so. is at work bringing Catholics and continue to benefit from U.S. contribu- When the original International Protestants together at jobs and job tions and continue to do its good work Fund for Ireland was established, training sites. Working side by side, for peace and for reconciliation. The Northern Ireland suffered from serious people who traditionally had no con- bill provides a $50 million amount over unemployment and economic stagna- tact with each other are now commu- the next 2 years. tion. The purpose of the fund was to nicating and learning a little bit more It also encourages the IFI to develop encourage economic development and about who their neighbors are. They new ways to promote reconciliation in cooperation between the Catholic and share an interest and investment in the North. In particular, we are hoping the Protestant communities in eco- their community and new bonds have that the IFI will look even more close- nomically deprived areas of Northern been developed where they never ex- ly at programs aimed at enhancing Ireland. I am delighted that it has con- isted before. intercommunity relations, community tributed to the economic success and It is also important to note that relations with the new police service, when people have solid jobs, they are growth in that area. and programs that promote and ensure The economic stimulus that the fund less likely to get caught up in the sec- fundamental human rights. tarian strife that has tragically sought is less necessary today than it For example, the legislation specifi- plagued this region. By focusing on the was when this program was created. cally urges the IFI to do more work to regeneration of impoverished neighbor- The Good Friday Agreement of 1998, in enhance relations between the police hoods where unemployment is the which then-U.S. President Bill Clinton and the communities they serve highest, the fund helps direct young played a key role, marked an impor- through promoting human rights train- Catholics and Protestants to job train- tant step forward in reconciliation in ing and enhancing the new district po- ing and employment opportunities in- Northern Ireland. We have seen lice partnership police boards rec- stead of gangs and paramilitary organi- progress in reducing violence, although ommended by the Patten Commission. zations. we have not achieved the full peace Mr. Speaker, my colleagues and I be- It also encourages a fund to assist in that all of us seek. lieve, and Members of this Congress be- the transition of former British mili- The changes to this legislation we lieve that justice and sustainable peace tary sites into venues for housing, re- are considering today will permit this will come about in Northern Ireland tail, and other community-supported program to continue to expend re- not merely through the political dis- uses. sources for projects and conflict resolu- cussions of a few leaders, but the ef- Again, I want to thank my colleagues tion for the critical support of human forts to change the hearts and minds of who helped work for and support the rights training for police and for pro- individuals. This is a core part of the final passage of this legislation, espe- grams to foster peaceful mediation in mission and underlying purpose of the cially the gentleman from Illinois (Mr. neighborhoods where conflict still ex- International Fund for Ireland, bring- HYDE), the gentleman from California ists. ing about peace by bringing together (Mr. LANTOS), the gentleman from New Mr. Speaker, I urge my colleagues to men and women from disparate back- York (Mr. KING), the gentleman from support this legislation, and I reserve grounds and disparate religious de- New York (Mr. CROWLEY), and the gen- the balance of my time. nominations and a successful economic tleman from New Jersey (Mr. PAYNE) Mr. SMITH of New Jersey. Mr. environment. Indeed, the future is from the Committee on International Speaker, I yield such time as he may brighter in Northern Ireland in large Relations who have all lent their consume to the distinguished gen- part because of a new working relation- strong support to this legislation, as tleman from New York (Mr. WALSH). ship that has been forged with the eco- well as the gentleman from New York Mr. WALSH. Mr. Speaker, I thank nomic help of the IFI. (Mr. WALSH) and the gentleman from the distinguished gentleman from New Mr. Speaker, on the political side, Massachusetts (Mr. NEAL). All are Jersey for yielding time to me on this progress indeed is being made in North- longtime supporters of the Northern important legislation. ern Ireland. We all know it and cele- Ireland peace process and are true Mr. Speaker, our contributions to the brate it. I recently returned from a friends of the people of Northern Ire- International Fund for Ireland since human rights mission to Belfast and to land and of Ireland itself. 1986 have been a vital contributor to Northern Ireland and I am pleased to I would like to note that the text we the progress towards peace in that report that much has changed from my are considering today contains a tech- troubled region. This bill authorizes last trip in 1997 and much significant nical amendment to reflect progress last year’s level of $25 million, and is a change, dramatic change has occurred the IFI is making towards using funds U.S. vote of confidence in the peace over the last decade. There are now for specific reconciliation projects and, process and the peaceful future of many signs of hope. Sections of North- again, I hope that Members will sup- Northern Ireland, which we want and ern Ireland have experienced substan- port this bill. we see unfolding at long last. tial economic growth and, as a result Mr. Speaker, I reserve the balance of It is also a vote of thanks to the Irish of the restored cease-fire of 1997 and my time. Prime Minister, Bertie Ahern, who has the Good Friday Agreement signed in Mr. WEXLER. Mr. Speaker, I yield supported our efforts in Iraq with keep- 1998, both communities in the North myself such time as I may consume, ing Shannon Airport open for Amer- are working hard to obtain a just and and I rise in strong support of this res- ican military troop refueling flights. lasting peace and to secure local demo- olution. Peace in Northern Ireland, which cratic government. Mr. Speaker, I want to commend our these International Fund for Ireland Regrettably, the process is not with- colleague, the gentleman from New monies also support, helps end the out obstacles. Last October, the British Jersey (Mr. SMITH) for bringing this British Army massive presence there Government suspended the Northern bill to the floor today and for his effort and makes it easier for them to help Ireland Assembly. Policing reform and in drafting this legislation. support our activities in Iraq. I believe

VerDate Jan 31 2003 01:46 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.033 H31PT1 H2500 CONGRESSIONAL RECORD — HOUSE March 31, 2003 hundreds of troops from Northern Ire- Mr. Speaker, I urge full support by That is why I am concerned about the sig- land are there now playing a very cru- the House of H.R. 1208. nificant cut to the International Fund for Ire- cial role. Mr. WEXLER. Mr. Speaker, I have no land. I compliment the chairman, the gen- further requests for time, and I yield The Northern Ireland Peace and Reconcili- tleman from New Jersey (Mr. SMITH), back the balance of my time. ation Support Act will authorize $25 million in and the original cosponsors, the gen- Mr. SMITH of New Jersey. Mr. funding for the International Fund for Ireland, tleman from Illinois (Mr. HYDE), the Speaker, I yield myself such time as I which will match the funding level provided by gentleman from New York (Mr. KING), may consume. Congress in the Fiscal Year 2003 not the cur- the gentleman from Massachusetts Mr. Speaker, I thank the gentleman rent request of $8 million. (Mr. NEAL), the gentleman from New from New York (Chairman WALSH) for Now is not the time to decrease this pro- York (Mr. CROWLEY), and the gen- his longstanding leadership on behalf gram and I urge all members to support the tleman from New Jersey (Mr. PAYNE), of peace and justice and fairness in Northern Ireland Peace and Reconciliation for all their years of firm dedication to Northern Ireland. He has been indefati- Support Act. peace and reconciliation in Northern gable over these many years, and he Mr. SMITH of New Jersey. Mr. Ireland and for leading the way on H.R. continues to be. I would thank him for Speaker, I yield back the balance of 1208, now before us. his leadership and remind my col- my time. Now more than ever, as we reach the leagues of the importance of trying to The SPEAKER pro tempore (Mr. possibility of the end game in the get the IFI to look further into rec- PETRI). The question is on the motion north of Ireland of lasting peace and onciliation projects and police reform offered by the gentleman from New justice, the U.S. contribution to the projects. Jersey (Mr. SMITH) that House suspend IFI must be maintained, yet somewhat As I indicated earlier, we have had the rules and pass the bill, H.R. 1208, as refocused. We need IFI to address new seven hearings on police reform in amended. needs as we set about cementing the Northern Ireland with a focus on what The question was taken; and (two- peace. Besides just economic develop- the United States can do to try to fos- thirds having voted in favor thereof) ment through cross-community job ter that, so there is total transparency, the rules were suspended and the bill, projects, which is still very important, and the best type of methods used by as amended, was passed. we also need the IFI to play an increas- police with human rights training A motion to reconsider was laid on ing role in more direct reconciliation being part of that. It has become very the table. efforts. clear that this would help to advance f The bill sets out a reasonable and that kind of understanding between the workable spending formula, 20 percent two communities. Those barriers need SMALL BUSINESS DEVELOPMENT direct reconciliation versus 80 percent to be broken down. We do it by getting CENTER ASSISTANCE TO INDIAN economic development, for the use of both communities working together. TRIBE MEMBERS, NATIVE ALAS- U.S. contributions to the IFI. This ex- We are, I think, or many of us, very KANS, AND NATIVE HAWAIIANS penditure formula will help refocus the encouraged that Hugh Orde is the new Mr. SHUSTER. Mr. Speaker, I move U.S. monies to meet new requirements chief constable. He replaces a man that to suspend the rules and pass the bill and challenges. many of us had very serious disagree- (H.R. 1166) to amend the Small Busi- The Good Friday agreement was not ments with in the past, and our hope is ness Act to expand and improve the as- around when the IFI was founded in that he will continue and even accel- sistance provided by Small Business 1986; and no one envisioned then, for erate the pace of reform. This helps to Development Centers to Indian tribe example, a new acceptable, as well as build under him additional strong members, Native Alaskans, and Native accountable, police service in the north Earth and concrete, and a base for him Hawaiians. and many other changes that are now a to go forward. The Clerk read as follows: reality. This bill has worked; this law has H.R. 1166 Another good example of the IFI’s worked; and the IFI, the International new role, as Mark Durkin, the leader of Fund for Ireland, has worked for many Be it enacted by the Senate and House of Rep- SDLP pointed out to me just a few resentatives of the United States of America in years to foster reconciliation. This bill Congress assembled, weeks ago, is helping in the transi- gives it an additional push and would tional use of former British military SECTION 1. FINDINGS AND PURPOSES. provide $25 million authorization for (a) FINDINGS.—Congress finds the fol- bases and prisons being closed, chang- each of the next 2 years. lowing: ing those into housing projects, shop- Again, I want to thank all Members (1) Approximately 60 percent of Indian ping centers, and industrial parks. IFI for their support. It is a bipartisan bill. tribe members and Native Alaskans live on needs to be helpful in brokering deals Mr. CROWLEY. Mr. Speaker, I rise in strong or adjacent to Indian lands, which suffer on the peaceful use of these old mili- support of the Northern Ireland Peace and from an average unemployment rate of 45 tary sites, once the very symbols of the Reconciliation Support Act. percent. ‘‘troubles.’’ This is truly turning As we all know, the peace process in North- (2) Indian tribe members and Native Alas- swords into plowshares, and the IFI can kans own more than 197,000 businesses and ern Ireland is at a critical juncture and now is generate more than $34,000,000,000 in reve- and should help. not the time to decrease funding for a critical nues. The service industry accounted for 17 H.R. 1208 specifically requires the IFI program such as the International Fund for percent of these businesses (of which 40 per- to spend 20 percent of our contribution Ireland. cent were engaged in business and personal to help support programs that enhance The International Fund for Ireland was es- services) and 15.1 percent of their total re- direct reconciliation between both tablished as an independent, international or- ceipts. The next largest was the construction communities, and between police and ganization by the British and Irish Govern- industry (13.9 percent and 15.7 percent, re- all the communities they serve in the ments in 1986, and receives contributions spectively). The third largest was the retail north. The IFI under the bill is encour- from the United States, the European Union, trade industry (7.5 percent and 13.4 percent, respectively). aged to promote human rights training Canada, Australia and New Zealand. (3) The number of businesses owned by In- for police, enhance mediation efforts in The International Fund for Ireland is so im- dian tribe members and Native Alaskans interface areas of continuing conflict, portant because it promotes economic and so- grew by 84 percent from 1992 to 1997, and and to promote training of the new cial advance and encourages contact, dia- their gross receipts grew by 179 percent in cross-community district police part- logue and reconciliation between Unionists that period. This is compared to all busi- nership boards in the north. and Nationalists throughout Ireland. nesses which grew by 7 percent, and their These new reconciliation efforts will This is a proven program that successfully total gross receipts grew by 40 percent, in soon ensure the future of the north and brings together two groups and teaches them that period. the security of these warm and gen- (4) The Small Business Development Cen- to work together and helps to foster friend- ter program is cost effective. Clients receiv- erous people and their elected leaders ships and understanding. ing long-term counseling under the program under the established power-sharing in- Dialogue is a key tool to lead to the decom- in 1998 generated additional tax revenues of stitutions of the Good Friday Agree- missioning of all parties, a fair police force and $468,000,000, roughly 6 times the cost of the ment. a feeling of unity and peace in Ireland. program to the Federal Government.

VerDate Jan 31 2003 01:46 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.037 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2501 (5) Using the existing infrastructure of the paragraph (A) shall comply with all of the gentleman from New Mexico (Mr. Small Business Development Center pro- requirements of this section, except that the UDALL) each will control 20 minutes. gram, small businesses owned by Indian tribe matching funds requirements of paragraph The Chair recognizes the gentleman members, Native Alaskans, and Native Ha- (4)(A) shall not apply. from Pennsylvania (Mr. SHUSTER). waiians receiving services under the program ‘‘(E) MAXIMUM AMOUNT OF GRANTS.—No ap- GENERAL LEAVE will have a higher survival rate than the av- plicant may receive more than $300,000 in erage small business not receiving such serv- grants under this paragraph in a fiscal year. Mr. SHUSTER. Mr. Speaker, I ask ices. ‘‘(F) REGULATIONS.—After providing notice unanimous consent that all Members (6) Business counseling and technical as- and an opportunity for comment and after may have 5 legislative days within sistance is critical on Indian lands where consulting with the Association recognized which to revise and extend their re- similar services are scarce and expensive. by the Administration pursuant to para- marks and include extraneous material (7) Increased assistance through counseling graph (3)(A) (but not later than 180 days after on this legislation. under the Small Business Development Cen- the date of enactment of this paragraph), the The SPEAKER pro tempore. Is there ter program has been shown to reduce the Administrator shall issue final regulations default rate associated with lending pro- objection to the request of the gen- to carry out this paragraph, including regu- tleman from Pennsylvania? grams of the Small Business Administration. lations that establish— (b) PURPOSES.—The purposes of this Act There was no objection. ‘‘(i) standards relating to educational, Mr. SHUSTER. Mr. Speaker, I yield are as follows: technical, and support services to be pro- (1) To stimulate economies on Indian vided by Small Business Development Cen- myself such time as I may consume. lands. ters receiving assistance under this para- Mr. Speaker, H.R. 1166 is identical to (2) To foster economic development on In- graph; and legislation the House passed unani- dian lands. ‘‘(ii) standards relating to any work plan mously December 5, 2001. Unfortu- (3) To assist in the creation of new small that the Associate Administrator may re- nately, this bill did not pass the Senate businesses owned by Indian tribe members, quire a Small Business Development Center last year. We are here today to try Native Alaskans, and Native Hawaiians and receiving assistance under this paragraph to again. expand existing ones. develop. (4) To provide management, technical, and This bill simply establishes a 3-year ‘‘(G) DEFINITIONS.—In this paragraph, the pilot program providing grants to the research assistance to small businesses following definitions apply: owned by Indian tribe members, Native Alas- Small Business Development Centers ‘‘(i) ASSOCIATE ADMINISTRATOR.—The term kans, and Native Hawaiians. ‘Associate Administrator’ means the Asso- for assisting Native Americans, Native (5) To seek the advice of local Tribal Coun- ciate Administrator for Small Business De- Alaskans, and Native Hawaiian popu- cils on where small business development as- velopment Centers. lations with their small business devel- sistance is most needed. ‘‘(ii) INDIAN LANDS.—The term ‘Indian opment needs. (6) To ensure that Indian tribe members, lands’ has the meaning given the term ‘In- Few people realize that 60 percent of Native Alaskans, and Native Hawaiians have dian country’ in section 1151 of title 18, our Native American population lives full access to existing business counseling United States Code, the meaning given the and technical assistance available through in or adjacent to Indian lands that suf- term ‘Indian reservation’ in section 151.2 of fer from an average unemployment the Small Business Development Center pro- title 25, Code of Federal Regulations (as in gram. rate of 45 percent. One-third of Native effect on the date of enactment of this para- Americans live below the poverty level. SEC. 2. SMALL BUSINESS DEVELOPMENT CENTER graph), and the meaning given the term ‘res- ASSISTANCE TO INDIAN TRIBE MEM- ervation’ in section 4 of the Indian Child However, the number of businesses BERS, NATIVE ALASKANS, AND NA- Welfare Act of 1978 (25 U.S.C. 1903). owned by Native Americans grew by 84 TIVE HAWAIIANS. percent between 1998 and 1997, as com- (a) IN GENERAL.—Section 21(a) of the Small ‘‘(iii) INDIAN TRIBE.—The term ‘Indian Business Act (15 U.S.C. 648(a)) is amended by tribe’ has the meaning given such term in pared to all other businesses, which adding at the end the following: section 8(a)(13). grew at only 7 percent over the same ‘‘(7) ADDITIONAL GRANT TO ASSIST INDIAN ‘‘(iv) INDIAN TRIBE MEMBER.—The term ‘In- time period. TRIBE MEMBERS, NATIVE ALASKANS, AND NA- dian tribe member’ means a member of an It is quite clear that the entrepre- TIVE HAWAIIANS.— Indian tribe (other than a Native Alaskan). neurial spirit of Native American small ‘‘(A) IN GENERAL.—Any applicant in an eli- ‘‘(v) NATIVE ALASKAN.—The term ‘Native business ownership is the key to eco- Alaskan’ has the meaning given the term gible State that is funded by the Administra- nomic growth and revitalization of tion as a Small Business Development Cen- ‘Native’ in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). these often forgotten communities. In- ter may apply for an additional grant to be stead of creating a new program, H.R. used solely to provide services described in ‘‘(vi) NATIVE HAWAIIAN.—The term ‘Native subsection (c)(3) to assist with outreach, de- Hawaiian’ means any individual who is a de- 1166 uses the existing Small Business velopment, and enhancement on Indian lands scendant of the aboriginal people, who prior Development Center network to de- of small business startups and expansions to 1778, occupied and exercised sovereignty velop culturally sensitive entrepre- owned by Indian tribe members, Native Alas- in the area that now constitutes the State of neurial counseling and technical assist- kans, and Native Hawaiians. Hawaii. ance programs for Native Americans. ‘‘(B) ELIGIBLE STATES.—For purposes of ‘‘(H) AUTHORIZATION OF APPROPRIATIONS.— The SBDC network has a track subparagraph (A), an eligible State is a State There is authorized to be appropriated to record of success. Small businesses that has a combined population of Indian carry out this paragraph $7,000,000 for each of fiscal years 2004 through 2006. that use their service have a higher tribe members, Natives Alaskans, and Native survival rate than the average small Hawaiians that comprises at least 1 percent ‘‘(I) FUNDING LIMITATIONS.— of the State’s total population, as shown by ‘‘(i) NONAPPLICABILITY OF CERTAIN LIMITA- businesses not receiving such assist- the latest available census. TIONS.—Funding under this paragraph shall ance. Any SBDC in a State whose Na- ‘‘(C) GRANT APPLICATIONS.—An applicant be in addition to the dollar program limita- tive American population is at least 1 for a grant under subparagraph (A) shall sub- tions specified in paragraph (4). percent of the State’s total population mit to the Associate Administrator an appli- ‘‘(ii) LIMITATION ON USE OF FUNDS.—The Ad- can apply for a grant from the SBA. cation that is in such form as the Associate ministration may carry out this paragraph Such grants must be used to provide Administrator may require. The application only with amounts appropriated in advance specifically to carry out this paragraph.’’. SBDC program assistance to Native shall include information regarding the ap- Americans. The maximum grant size is plicant’s goals and objectives for the services SEC. 3. STATE CONSULTATION WITH LOCAL TRIB- $300,000 and the authorized level is to be provided using the grant, including— AL COUNCILS. ‘‘(i) the capability of the applicant to pro- capped at $7 million per year. Section 21(c) of the Small Business Act (15 Already this fiscal year, the Small vide training and services to a representative U.S.C. 648(c)) is amended by adding at the number of Indian tribe members, Native end the following: Business Administration received a $2 Alaskans, and Native Hawaiians; ‘‘(9) ADVICE OF LOCAL TRIBAL COUNSELS.—A million appropriation to develop Na- ‘‘(ii) the location of the Small Business De- State receiving grants under this section tive American entrepreneur education velopment Center site proposed by the appli- shall request the advice of local Tribal Coun- programs. I join many of my col- cant; cils on how best to provide assistance to In- leagues, including the chairman of the ‘‘(iii) the required amount of grant funding dian tribe members, Native Alaskans, and Committee on Small Business, the gen- needed by the applicant to implement the Native Hawaiians and where to locate sat- tleman from Illinois (Mr. MANZULLO), program; and ellite centers to provide such assistance.’’. ‘‘(iv) the extent to which the applicant has who is an original cosponsor of this consulted with local Tribal Councils. The SPEAKER pro tempore. Pursu- bill, in supporting H.R. 1166. ‘‘(D) APPLICABILITY OF GRANT REQUIRE- ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of MENTS.—An applicant for a grant under sub- Pennsylvania (Mr. SHUSTER) and the my time.

VerDate Jan 31 2003 01:46 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.033 H31PT1 H2502 CONGRESSIONAL RECORD — HOUSE March 31, 2003 Mr. UDALL of New Mexico. Mr. preneurs capitalize on these positive eligible grant recipients to include Speaker, I yield myself such time as I developments that I introduce this leg- small business development centers may consume. islation. My bill ensures that Native that work with the indigenous popu- Mr. Speaker, first of all, I would like Americans, Native Alaskans, and Na- lations of Guam and American Samoa. to thank the gentleman from Illinois tive Hawaiians seeking to create, de- Chamorros and Samoans from U.S. ter- (Chairman MANZULLO), chairman of the velop, and expand small businesses ritories endure economic adversity Committee on Small Business, and the have full access to the counseling and similar to that experienced by Native ranking member, the gentlewoman technical assistance available through Americans, Native Alaskans, and Na- from New York (Ms. VELA´ ZQUEZ), for the SBA’s SBDC program. The business tive Hawaiians. I look forward to work- their work and commitment to expand- development tools offered by the ing with my colleagues to ensure that ing small business opportunities for all SBDCs can assist Native Americans either in conference on this legislation, Americans and for working to bring with the information and opportunity or on a similar proposal, that we take this bill to the floor today. to build sustainable businesses in their action to address the small business de- I would also like to thank the staff communities. velopment needs of the indigenous pop- members of the committee for their In an effort to ensure the quality and ulations of the United States terri- hard work on this legislation and my success of the program, the proposal tories. colleagues who supported this bill by requires the SBA to include several This bill gives real assistance to Na- joining me as cosponsors. items in the grant application. tive Americans, and I urge my col- The important legislation before us leagues to support its passage and to b 1545 today, H.R. 1166, allows Small Business support economic development for all Development Centers to apply for an In addition to the obvious require- indigenous populations throughout the additional Small Business Administra- ments like requiring the applicant’s United States. tion grant to provide specified services goals and objectives, we also must see Mr. UDALL of New Mexico. Mr. to assist with outreach, development, the applicant’s experience in con- Speaker, we thank the gentlewoman and enhancement on Indian lands of ducting programs on ongoing efforts for her service on the Committee on small business start-ups and expan- designed to assist the business skills of Small Business. sions that are owned by Indian tribal small business owners. Also the capa- Mr. Speaker, I yield 2 minutes to the members, Alaskan Natives, or Native bility of such applicant to provide gentleman from Hawaii (Mr. CASE) who Hawaiians. training and services to a representa- also serves on the Committee on Small This legislation ensures participation tive number of Native Americans, Na- Business and is a hardworking member of governing bodies of Indian tribes, tive Alaskans, and Native Hawaiians is on that committee. (Mr. CASE asked and was given per- Alaska Native entities, and Native Ha- also important to this process. mission to revise and extend his re- waiian organizations. Under H.R. 1166, I have the great honor of rep- resenting 14 Pueblos, the Hickory marks.) States receiving a Small Business De- Mr. CASE. Mr. Speaker, I commend Apache Nation, and a portion of the velopment Center program grant are the gentleman from New Mexico (Mr. required to request advice from the ap- Navajo Nation. These communities are UDALL) for his work on this legislation in great need of economic development, propriate governmental organization and thank him. on how best to provide assistance to and it is clear we can do more to aid I rise in very strong support for this such members and where to locate sat- Native American entrepreneurs not legislation because this bill perfectly ellite centers to provide such assist- only in my district but throughout the melds two objectives that we want to ance. Our intent is to ensure these country as well. Not enough has been accomplish here in our Congress. The business development tools are pro- done to assist Native Americans in first, of course, is to support small vided in a culturally sensitive way. building their businesses. I hope to business. We all know and the gen- Mr. Speaker, small businesses create change this situation with the passage tleman has outlined how strong small 75 percent of all new employment op- of this legislation. business can be. It is the backbone of portunities, make up 99 percent of all Mr. Speaker, I yield 2 minutes to the our economy. It is where much of inno- employers, and provide almost half of gentlewoman from Guam (Mr. vation in our country comes from, and all sales in this country. As many of us BORDALLO). it is an area where the need for coordi- have said before and will say again, Ms. BORDALLO. Mr. Speaker, I rise nation is great. In my own State of Ha- small businesses are the fuel for the en- today in support of H.R. 1166, a bill to waii almost all of the businesses are gine of economic development. That is authorize the administration of grants small business-related, and they have why it is so imperative that we take to local small business development the same needs as throughout the rest steps to help ensure that small busi- centers in States with significant popu- of our country to coordinate those ef- ness development reaches the places in lations of Native Americans, Native forts. And this is an area in which the this country where economic pros- Alaskans, and Native Hawaiians. The Federal Government’s assistance is so perity has yet to be realized. gentleman from New Mexico (Mr. well received because of the return on The current economic situation on UDALL) has carefully crafted this im- investment, a return on investment of Native American lands is very grave. portant legislation to address poverty roughly six times the amount invested However, it does hold promise for the and unemployment amongst those dis- in these small business development future. The average unemployment advantaged populations. I commend centers, returns to the bottom line in rate of these lands is over 10 times the the gentleman and the House Com- terms of increased tax revenue and em- national average. At the same time, mittee on Small Business for focusing ployment. small business creation is at an all- on the sizable socioeconomic problems The second goal, of course, is the time high. Native American and Native faced by Native Americans. goal of improving the lot of our indige- Alaskan-owned small businesses grew H.R. 1166 will enable small business nous peoples, whether they be Native by 84 percent from 1992 to 1997, and development centers to assist Native Americans or Native Hawaiians. I their gross receipts grew by 179 percent Americans with job creation and eco- think we all know that the route to in that same time period. nomic growth. This measure will help improving the lot of our indigenous Compare those figures to an overall foster self-determination among groups people lies through self-sufficiency. small business growth rate of 7 percent that have been historically And my own belief, and this legislation and to the gross receipt growth of 40 marginalized by the Federal Govern- makes very clear that the belief of percent, and we can see why there is ment. This bill helps individuals to uti- most of us, is that the way to do that reason to be optimistic about the fu- lize their own valuable business skills is through encouraging economic ac- ture of small business development on so that their small business, and in tivity. So to the extent that we can en- tribal lands. turn their community, may prosper. courage that economic activity, we can It is with these facts in mind and the I am in such strong support of the take the situation that many of our in- desire to help Native American, Native aims of H.R. 1166 that I believe the bill digenous people find ourselves in, espe- Alaskan, and Native Hawaiian entre- can be strengthened by expanding the cially Native Hawaiians in my home

VerDate Jan 31 2003 01:46 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.041 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2503 State and improve their lot, improve Mr. SHUSTER. Mr. Speaker, we have businesses that already exist. The Act will pro- their self-sufficiency, take them off the no further speakers. I reserve my right vide much needed management, technical, rolls, whether they be the health care to close. and research assistance to small businesses rolls, the welfare rolls. This is the way Mr. UDALL of New Mexico. Mr. owned by Indian tribe members, Native Alas- too for us to go. This is money well Speaker, I yield myself such time as I kans, and Native Hawaiians. The Act will help spent. may consume. insure that Indian tribe members, Native Alas- Mr. Speaker, I thank and commend Mr. Speaker, let me thank the gen- kans, and Native Hawaiians have full access the gentleman again for introducing tleman from Pennsylvania (Mr. SHU- to existing counseling and technical assistance this legislation and I certainly hope we STER) for his management of this bill provided through the Small Business Develop- can pass this expeditiously. and for his hard work here on the floor ment Center (SBDC) program. In providing en- Mr. UDALL of New Mexico. Mr. today. trepreneurial assistance, a State receiving a Speaker, I yield 3 minutes to the gen- Mr. Speaker, I would again like to grant under the provisions of the Act is re- tleman from North Carolina (Mr. thank the chairman of the Committee quired to seek the advice of local Tribal Coun- BALLANCE). He is the ranking member on Small Business and the ranking cils on where small business development as- on the Subcommittee on Rural Enter- member, the gentlewoman from New sistance is needed. prises, Agriculture, and Technology. York (Ms. VELA´ ZQUEZ) for their com- Approximately 60 percent of Indian tribe (Mr. BALLANCE asked and was given mitment to passing this important leg- members and Native Alaskans live on or in permission to revise and extend his re- islation. I have high hopes for the im- the immediate vicinity of Indian lands and suf- marks.) pact of this legislation and the impact fer from an average unemployment rate of 45 Mr. BALLANCE. Mr. Speaker, I am it will have on small business and eco- percent. Currently, Indian tribe members and honored this evening to join with my nomic development on tribal lands. Native Alaskans own more than 197,000 busi- colleagues on this important issue. As some of my colleagues have men- ness enterprises and generate revenues in ex- A careful reading of history reminds tioned today, the average unemploy- cess of $34 billion. us that the first Americans, whom we ment rate of Native American commu- The service industry, the largest sector, ac- now call Native Americans and some- nities, particularly on reservations, is counts for 17 percent of the businesses, and times we call Indians, those whose an- around 45 percent, while one-third of 15.7 percent of the total revenues. The sec- cestors walked the Trail of Tears, part Native Americans currently live below ond largest sector is construction, which ac- of which is in my native State of North the Nation’s poverty level. Mr. Speak- counts for 13.9 percent of the businesses and Carolina, those who suffered through er, this situation is unacceptable. 15.7 percent of the total revenues. The third broken promises from our government, The persistent poverty that is preva- largest sector, the retail trades, accounts for and even as we stand here today in lent on tribal lands must come to an 7.5 percent of the businesses and 13.4 per- combat in Federal court with our De- end, and I believe that passing H.R. cent of the total revenues. partment of Interior over how to ac- 1166 is an important step towards The number of businesses owned by Indian count for funds derived from lands that achieving this goal. I urge my col- tribe members and Native Alaskans grew by America allegedly set aside for Native leagues to support this legislation. 84 percent during the period from 1992 to Americans, we all know how important And just one moment before I yield 1997, while businesses, generally, grew by small businesses are all over our Na- back, let me also thank the committee only seven percent. During the same period, tion and in every community, where staff, my former legislative director, the gross receipts for Indian tribe members they make up 75 percent of new em- Tony Martinez; my legislative assist- and Native Alaskan business owners in- ployment and, by some figures, more ant, Mike Collins; and Michael Day, creased by 179 percent, in comparison with than 90 percent of all new employers. the minority staff director of the Com- the business community, as a whole, where The average unemployment rate of mittee on Small Business. the gross receipts for the same period grew Native Americans, particularly those Mr. Speaker, I yield back the balance only by 40 percent. In the past, the SBDC program with more on the reservation, languishes today of my time. than 1,100 offices throughout the United around 45 percent. That is unaccept- Mr. SHUSTER. Mr. Speaker, I yield States has provided cost-effective business able in modern America, when we keep myself such time as I may consume. counseling and technical assistance to small in mind that the national unemploy- Mr. Speaker, I would close by first businesses. For example, clients receiving ment rate in February of this year was commending and congratulating the long-term counseling under the program in 5.8 percent. Even more alarming, one- gentleman from New Mexico (Mr. 1998 generated additional tax revenues of third of Native Americans currently UDALL) for his hard work on this legis- $468 million, which was approximately six live below the poverty line. And so that lation and his support for the small times the cost of the program to the Federal is why I am honored to stand with my business men and women across Amer- government. colleagues in support of this important ica. I also want to take this oppor- By using the existing infrastructure of the legislation which I understand was in- tunity to thank the ranking member, SBDC program, it is anticipated that small troduced and went forward last year the gentlewoman from New York (Ms. businesses owned by Indian tribe members, ´ but did not make it all the way. We are VELAZQUEZ) for her support on H.R. Native Alaskans, and Native Hawaiians, who hopeful that we can pass this legisla- 1166. And I finally want to thank the receive services under the Act, will have a tion in the House of Representatives gentleman from Illinois (Chairman higher survival rate than the average small and it can become law. Manzullo) for his leadership and his businesses not receiving such services. Fur- Native American small businesses passion for defending the backbone of ther, increased assistance through SBDC grew at a rate of 84 percent over the the American economy and that is counseling has in the past been able to re- last 5 years. And we not only have a small business. duce defaults under Small Business Adminis- legal, I think, responsibility, but we Mr. MANZULLO. Mr. Speaker, I am de- tration (SBA) lending programs. have a moral responsibility to ensure lighted that we were able to expeditiously The business counseling and technical as- that this trend continues to ensure move this legislation on the floor today. This sistance, provided for under this Act, is critical that we make efforts to right past bill is identical to legislation this House unani- on Indian land where, without such assistance, wrongs, and for selfish reasons, to en- mously approved on December 5, 2001. It is similar services are scarce and expensive. sure that in our country that every unfortunate that the Senate was unable to Past and current efforts by SBDCs to assist segment of our community has an op- take this legislation up on the Senate floor last Native American populations located on or portunity for its young people to move year but we are here today to try again. along reservation lands have proven difficult. forward and to enjoy the American The purpose of H.R. 1106 is to create jobs, In addition, the lack of resources makes it dif- dream. I am strongly in support of this to spur entrepreneurship, and to stimulate the ficult to raise an equal amount of matching legislation and I urge my colleagues to economies and foster economic development funds to specifically assist Native Americans. pass it. on Indian lands. Further, the purpose of the H.R. 1166 will establish a three-year pilot Mr. UDALL of New Mexico. Mr. Act is to help in the creation of new small project providing grants to SBDCs for assisting Speaker, if the gentleman from Penn- businesses owned and managed by Indian Indian tribe members, Native Alaskans, and sylvania (Mr. SHUSTER) has no further tribe members, Native Alaskans, and Native Native Hawaiian populations with their entre- speakers, I am prepared to close. Hawaiians and to help expand such small preneurial needs. The purpose is to stimulate

VerDate Jan 31 2003 03:17 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\K31MR7.043 H31PT1 H2504 CONGRESSIONAL RECORD — HOUSE March 31, 2003 the economies on reservation lands through hance the capacity of Small Business Devel- Chair’s prior announcement, further the creation and expansion of small busi- opment Centers (SBDCs) to provide assist- proceedings on this motion will be nesses by ensuring the target population has ance to Native American tribal members, Alas- postponed. full access to important business counseling ka Natives and Native Hawaiians. I would like f and technical assistance through the SBDC to commend my colleague and friend, Rep- program. resentative TOM UDALL, for his work on, once RECESS Any SBDC in a State, whose Indian tribe again, bringing this important legislation to the The SPEAKER pro tempore. Pursu- members, Native Alaskan, and Native Hawai- floor. ant to clause 12(a) of rule I, the Chair ian populations are one percent of the State’s SBDCs are the premier technical assistance declares the House in recess until ap- total population, can apply for a grant from the providers to America’s entrepreneurs. Many proximately 6:30 p.m. SBA. Such grants must be used to provide small businesses often operate near or at their Accordingly (at 3 o’clock and 57 min- SBDC program assistance to Native Ameri- profit margin and do not have additional re- utes p.m.), the House stood in recess cans. Grants under the Act are limited to sources to hire legal or technical experts. Re- until approximately 6:30 p.m. $300,000 and the amount authorized to be ap- search shows that small businesses that re- propriated annually, in each of the fiscal years ceive technical assistance are twice as likely f 2004, 2005, and 2006, is $7 million. No to succeed in the marketplace than those that b 1830 matching funds are required from the States. do not. In addition to providing technical as- Services by SBDCs are to be provided to sistance to the general small business com- AFTER RECESS benefit the target population on tribal lands munity, SBDCs should also target that seg- and reservations, but an individual center The recess having expired, the House ment of our population with special and unique was called to order by the Speaker pro need not be located on each tribal land loca- needs. tempore (Mr. FLAKE) at 6 o’clock and 30 tion or reservation. If the target population is The Native American population is one such minutes p.m. in more than one location or reservation within population. The United States government has a State, the center should be situated in a lo- an endless commitment to addressing the f cation that optimizes access by all those serv- economic and health disparities of Native ANNOUNCEMENT BY THE SPEAKER iced by the center. H.R. 1166 does not limit in Americans. Although we have passed other PRO TEMPORE any way, the number of centers or subcenters legislation such as the Indian Reorganization a state program may implement. I expect the Act of 1934 and the Indian Self-Determination The SPEAKER pro tempore. Pursu- SBA Administrator to balance the need for Act of 1975, which both encourage self-suffi- ant to clause 8 of rule XX, proceedings multiple sites with the quality of assistance ciency in an attempt to amend the effects of will resume on motions to suspend the and counseling when awarding grants. Con- relocation, not enough has been done to en- rules previously postponed. Votes will sultation with the local Tribal Council is re- sure success of economic development within be taken in the following order: quired in determining those locations in most this community. That is why I support this bill. H.R. 1463, by the yeas and nays; need and where the best access may be at- The ‘‘Native American Small Business Devel- House Concurrent Resolution 58, by tained. opment Act’’ (NASBD) will allow Native Ameri- the yeas and nays; SBA is responsible for designing the grant cans to strengthen and expand their small H.R. 1166, by the yeas and nays. application, which should provide essential in- business infrastructure. This would also pro- The first electronic vote will be con- formation, but should not be burdensome to vide more stable employment and move closer ducted as a 15-minute vote. The re- applicants. At a minimum, the application to ending the desperate and disparate condi- maining votes will be conducted as 5- should contain information concerning the ap- tions on reservations. More importantly, this minute votes. plicant’s (1) goals and objectives, (2) prior ex- bill will allow Native American entrepreneurs to f perience in providing entrepreneurial and tech- better utilize the current SBDC network. nical assistance to small businesses, (3) the The Native American population represents SMALLPOX EMERGENCY PER- ability to provide training and services to In- a disadvantaged and underserved segment of SONNEL PROTECTION ACT OF dian tribe members, Native Alaskans, and Na- our nation. One-third of Native Americans cur- 2003 tive Hawaiians, and (4) the extent of consulta- rently live below the nation’s poverty level and The SPEAKER pro tempore. The tion with local Tribal Councils. In addition, the suffer from the highest rate in health dispari- pending business is the question of sus- applicant should identify the location of a pro- ties. Despite these difficulties, Native Amer- pending the rules and passing the bill, posed center, and the amount of funding re- ican small businesses grew at a rate of 84 H.R. 1463. quired. percent over the last five years. But with tech- Within 180 days after the enactment of H.R. The Clerk read the title of the bill. nical assistance specifically geared toward The SPEAKER pro tempore. The 1166, the SBA Administrator is required to meeting the unique needs of this population, issue final regulations, after a notice and com- question is on the motion offered by we can create a more prosperous economic the gentleman from Louisiana (Mr. ment period, that implement the requirements community in the Native American population, of the Act. Such regulations shall include TAUZIN) that the House suspend the Alaska Natives and Native Hawaiians. rules and pass the bill, H.R. 1463, on standards for the educational, technical, and This legislation passed the House of Rep- support services to be provided and for a work which the yeas and nays are ordered. resentatives in the previous Congress with The vote was taken by electronic de- plan for providing assistance to the targeted strong bipartisan support but failed to reach community. vice, and there were—yeas 184, nays the Senate floor last year. I remain in support 206, not voting 44, as follows: The Act’s predecessor, H.R. 2538, was sub- of this legislation and committed to seeing its ject to a hearing and a committee mark-up in complete passage. [Roll No. 92] the 107th Congress. The Congressional Budg- Mr. SHUSTER. Mr. Speaker, I yield YEAS—184 et Office (CBO) estimated that implementing back the balance of my time. Aderholt Brown (SC) DeLay the bill would cost $20 million over the next The SPEAKER pro tempore (Mr. Akin Brown-Waite, Diaz-Balart, L. four years and contains no intergovernmental Bachus Ginny Diaz-Balart, M. PETRI). The question is on the motion Ballenger Burgess Doolittle or private sector mandates. H.R. 2538 also offered by the gentleman from Penn- Barrett (SC) Burns Dreier unanimously passed the House on December sylvania (Mr. SHUSTER) that the House Bartlett (MD) Burton (IN) Dunn 5, 2001 but unfortunately saw no action on the suspend the rules and pass the bill, Barton (TX) Calvert Emerson Senate floor, even though a companion bill Bass Cannon Feeney H.R. 1166. Beauprez Cantor Ferguson was discussed and marked-up in the Senate The question was taken. Biggert Carter Forbes Small Business and Entrepreneurship Com- The SPEAKER pro tempore. In the Bilirakis Chabot Fossella mittee. That’s why I am pleased to join again opinion of the Chair, two-thirds of Bishop (UT) Chocola Franks (AZ) Blackburn Coble Frelinghuysen with my good friend from New Mexico, in co- those present have voted in the affirm- Blunt Cole Garrett (NJ) sponsoring H.R. 1166 in this Congress and ative. Boehner Cox Gerlach seeing it pass the House yet once again. Mr. SHUSTER. Mr. Speaker, on that Bonilla Crane Gibbons Hopefully, the other body will look more kindly I demand the yeas and nays. Bonner Crenshaw Gilchrest Bono Cubin Gingrey upon the legislation this year. The yeas and nays were ordered. Boozman Culberson Goode Mrs. CHRISTENSEN. Mr. Speaker, I rise The SPEAKER pro tempore. Pursu- Bradley (NH) Davis, Jo Ann Goodlatte today in support of H.R. 1166, a bill to en- ant to clause 8 of rule XX and the Brady (TX) Deal (GA) Goss

VerDate Jan 31 2003 01:46 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.048 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2505 Granger McInnis Ryan (WI) Sanchez, Linda Solis Udall (CO) [Roll No. 93] Graves McKeon Ryun (KS) T. Spratt Udall (NM) Green (WI) Mica Saxton Sanchez, Loretta Stark Van Hollen YEAS—393 Greenwood Miller (FL) Schrock Sandlin Stenholm Velazquez Abercrombie Dingell King (IA) Gutknecht Miller (MI) Schakowsky Strickland Visclosky Sensenbrenner Ackerman Doggett King (NY) Harris Miller, Gary Schiff Stupak Wamp Sessions Aderholt Dooley (CA) Kirk Hart Moran (KS) Scott (GA) Tanner Watson Shadegg Akin Doolittle Kleczka Hastings (WA) Murphy Scott (VA) Tauscher Watt Shaw Alexander Doyle Kline Hayes Musgrave Serrano Terry Waxman Shays Allen Dreier Knollenberg Hayworth Myrick Sherman Thompson (CA) Weldon (PA) Sherwood Baca Duncan Kolbe Hefley Nethercutt Slaughter Thompson (MS) Wexler Shimkus Bachus Dunn Kucinich Hensarling Northup Smith (NJ) Tierney Woolsey Shuster Baird Edwards LaHood Hobson Norwood Simmons Smith (WA) Towns Wu Hoekstra Nunes Snyder Turner (TX) Wynn Baldwin Emanuel Lampson Simpson Ballance Emerson Langevin Hostettler Nussle Skelton Houghton Osborne NOT VOTING—44 Ballenger Engel Lantos Smith (MI) Barrett (SC) English Larsen (WA) Hunter Ose Smith (TX) Andrews Fletcher Neal (MA) Isakson Otter Bartlett (MD) Eshoo Larson (CT) Stearns Baker Gallegly Oberstar Issa Oxley Brady (PA) Gephardt Barton (TX) Etheridge Latham Sullivan Pascrell Janklow Pearce Brown, Corrine Gillmor Bass Evans LaTourette Sweeney Portman Jenkins Pence Burr Gutierrez Beauprez Farr Leach Tancredo Rogers (AL) Johnson (CT) Peterson (PA) Buyer Hall Becerra Fattah Lee Tauzin Roybal-Allard Bell Feeney Levin Johnson, Sam Petri Camp Herger Rush Keller Taylor (MS) Bereuter Ferguson Lewis (CA) Pickering Collins Hulshof Sanders Kelly Platts Thomas Combest Hyde Berkley Filner Lewis (GA) Souder Kennedy (MN) Pombo Thornberry Conyers Istook Berman Flake Lewis (KY) Taylor (NC) King (IA) Porter Tiahrt Cramer Kingston Berry Foley Linder Toomey King (NY) Pryce (OH) Tiberi Davis, Tom Lipinski Biggert Forbes LoBiondo Kirk Putnam Turner (OH) DeMint McCarthy (MO) Walden (OR) Bilirakis Ford Lofgren Kline Quinn Upton Ehlers McCrery Waters Bishop (GA) Fossella Lowey Knollenberg Radanovich Vitter Everett Nadler Weiner Bishop (NY) Frank (MA) Lucas (KY) Kolbe Ramstad Walsh Bishop (UT) Franks (AZ) Lucas (OK) LaHood Regula Weldon (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Blackburn Frelinghuysen Lynch Latham Rehberg Weller The SPEAKER pro tempore (Mr. Blumenauer Frost Majette Blunt Garrett (NJ) Maloney Leach Renzi Whitfield FLAKE) (during the vote). The Chair Lewis (CA) Reynolds Wicker Boehlert Gerlach Manzullo Lewis (KY) Rogers (KY) Wilson (NM) will remind Members there are 2 min- Boehner Gibbons Markey Linder Rogers (MI) Wilson (SC) utes left in this vote. Bonilla Gilchrest Marshall Lucas (OK) Rohrabacher Wolf Bonner Gingrey Matheson Manzullo Ros-Lehtinen Young (AK) b 1851 Bono Gonzalez Matsui McCotter Royce Young (FL) Boozman Goode McCarthy (NY) Messrs. WYNN, STRICKLAND, Boswell Goodlatte McCollum WAMP, NEY and LOBIONDO changed Boucher Gordon McCotter NAYS—206 their vote from ‘‘yea’’ to ‘‘nay.’’ Boyd Goss McDermott Abercrombie Engel LoBiondo Mr. PETERSON of Pennsylvania and Bradley (NH) Granger McGovern Ackerman English Lofgren Brady (TX) Graves McHugh Alexander Eshoo Lowey Mrs. NORTHUP changed their vote Brown (OH) Green (TX) McInnis Allen Etheridge Lucas (KY) from ‘‘nay’’ to ‘‘yea.’’ Brown (SC) Green (WI) McIntyre Baca Evans Lynch So (two-thirds not having voted in Brown-Waite, Greenwood McKeon Baird Farr Majette favor thereof) the motion was rejected. Ginny Grijalva McNulty Baldwin Fattah Maloney Burgess Gutknecht Meehan Ballance Filner Markey The result of the vote was announced Burns Harman Meek (FL) Becerra Flake Marshall as above recorded. Burton (IN) Harris Meeks (NY) Bell Foley Matheson Stated for: Calvert Hart Menendez Bereuter Ford Matsui Mr. ROGERS of Alabama. Mr. Speaker, on Cannon Hastings (FL) Mica Berkley Frank (MA) McCarthy (NY) Cantor Hastings (WA) Michaud Berman Frost McCollum rollcall No. 92, my plane was late arriving into Capito Hayes Millender- Berry Gonzalez McDermott Baltimore. Had I been present, I would have Capps Hayworth McDonald Bishop (GA) Gordon McGovern voted ‘‘yea.’’ Capuano Hefley Miller (FL) Bishop (NY) Green (TX) Cardin Hensarling McHugh Miller (MI) Blumenauer Grijalva f Cardoza Hill Miller (NC) McIntyre Boehlert Harman Carson (IN) Hinchey Miller, Gary McNulty Boswell Hastings (FL) ANNOUNCEMENT BY THE SPEAKER Carson (OK) Hinojosa Miller, George Meehan Boucher Hill PRO TEMPORE Carter Hobson Mollohan Meek (FL) Boyd Hinchey Case Hoeffel Moore Meeks (NY) Brown (OH) Hinojosa The SPEAKER pro tempore (Ms. Castle Hoekstra Moran (KS) Menendez Capito Hoeffel GINNY BROWN-WAITE of Florida). Pursu- Chabot Holden Moran (VA) Michaud Capps Holden Chocola Holt Murphy Millender- ant to clause 8 of rule XX, the remain- Capuano Holt Clay Honda Murtha McDonald der of this series will be conducted as 5- Cardin Honda Clyburn Hooley (OR) Musgrave Cardoza Hooley (OR) Miller (NC) minute votes. Coble Hostettler Myrick Miller, George Carson (IN) Hoyer f Cole Houghton Napolitano Carson (OK) Inslee Mollohan Conyers Hoyer Nethercutt Case Israel Moore HONORING FAYETTEVILLE, NORTH Cooper Hunter Ney Moran (VA) Castle Jackson (IL) CAROLINA, ON CENTENNIAL OF Costello Inslee Northup Clay Jackson-Lee Murtha Cox Isakson Norwood Clyburn (TX) Napolitano WILBUR AND ORVILLE WRIGHT’S Cramer Israel Nunes Cooper Jefferson Ney FIRST FLIGHT Crane Issa Nussle Costello John Obey Crenshaw Jackson (IL) Obey Crowley Johnson (IL) Olver The SPEAKER pro tempore. The Crowley Jackson-Lee Olver Cummings Johnson, E. B. Ortiz pending business is the question of sus- Cubin (TX) Ortiz Cunningham Jones (NC) Owens pending the rules and agreeing to the Culberson Janklow Osborne Pallone Davis (AL) Jones (OH) concurrent resolution, H. Con. Res. 58. Cummings Jefferson Ose Davis (CA) Kanjorski Pastor Cunningham Jenkins Otter Davis (FL) Kaptur Paul The Clerk read the title of the con- Davis (AL) John Owens Davis (IL) Kennedy (RI) Payne current resolution. Davis (CA) Johnson (CT) Oxley Davis (TN) Kildee Pelosi The SPEAKER pro tempore. The Davis (FL) Johnson (IL) Pallone Peterson (MN) DeFazio Kilpatrick question is on the motion offered by Davis (IL) Johnson, E. B. Pastor DeGette Kind Pitts Davis (TN) Johnson, Sam Paul Delahunt Kleczka Pomeroy the gentleman from Ohio (Mr. Davis, Jo Ann Jones (NC) Payne DeLauro Kucinich Price (NC) LATOURETTE) that the House suspend Deal (GA) Jones (OH) Pearce Deutsch Lampson Rahall the rules and agree to the concurrent DeFazio Kanjorski Pelosi Dicks Langevin Rangel DeGette Kaptur Pence Dingell Lantos Reyes resolution, H. Con. Res. 58, on which Delahunt Keller Peterson (MN) Doggett Larsen (WA) Rodriguez the yeas and nays are ordered. DeLauro Kelly Peterson (PA) Dooley (CA) Larson (CT) Ross This will be a 5-minute vote. DeLay Kennedy (MN) Petri Doyle LaTourette Rothman The vote was taken by electronic de- Deutsch Kennedy (RI) Pickering Duncan Lee Ruppersberger Diaz-Balart, L. Kildee Pitts Edwards Levin Ryan (OH) vice, and there were—yeas 393, nays 0, Diaz-Balart, M. Kilpatrick Platts Emanuel Lewis (GA) Sabo not voting 41, as follows: Dicks Kind Pombo

VerDate Jan 31 2003 01:46 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.034 H31PT1 H2506 CONGRESSIONAL RECORD — HOUSE March 31, 2003 Pomeroy Scott (GA) Thompson (CA) [Roll No. 94] Renzi Sherman Tiberi Porter Scott (VA) Thompson (MS) Reyes Sherwood Tierney Price (NC) Sensenbrenner Thornberry YEAS—378 Reynolds Shimkus Towns Pryce (OH) Serrano Rodriguez Shuster Tiahrt Abercrombie Doolittle Lantos Turner (TX) Putnam Sessions Rogers (AL) Simmons Tiberi Ackerman Doyle Larsen (WA) Udall (CO) Quinn Shadegg Rogers (KY) Simpson Tierney Aderholt Dreier Larson (CT) Udall (NM) Radanovich Shaw Rogers (MI) Skelton Towns Akin Dunn Latham Upton Rahall Shays Rohrabacher Slaughter Turner (OH) Alexander Edwards LaTourette Van Hollen Ramstad Sherman Ros-Lehtinen Smith (MI) Turner (TX) Vela´ zquez Rangel Sherwood Allen Emanuel Leach Ross Smith (NJ) Udall (CO) Visclosky Regula Shimkus Baca Emerson Lee Rothman Smith (TX) Udall (NM) Rehberg Shuster Bachus Engel Levin Royce Smith (WA) Vitter Renzi Simmons Upton Baird English Lewis (CA) Ruppersberger Snyder Walsh Reyes Simpson Van Hollen Baldwin Eshoo Lewis (GA) Ryan (OH) Solis Wamp Reynolds Skelton Velazquez Ballance Etheridge Lewis (KY) Ryan (WI) Spratt Watson Rodriguez Slaughter Visclosky Ballenger Evans Linder Ryun (KS) Stark Watt Rogers (AL) Smith (MI) Vitter Barrett (SC) Farr LoBiondo Sabo Stenholm Waxman Rogers (KY) Smith (NJ) Walsh Bartlett (MD) Fattah Lofgren Sa´ nchez, Linda Strickland Weldon (FL) Rogers (MI) Smith (TX) Wamp Barton (TX) Feeney Lowey T. Stupak Weldon (PA) Rohrabacher Smith (WA) Watson Bass Ferguson Lucas (KY) Sanchez, Loretta Sullivan Weller Ros-Lehtinen Snyder Watt Beauprez Filner Lucas (OK) Sandlin Sweeney Wexler Becerra Foley Lynch Ross Solis Waxman Saxton Tancredo Whitfield Bell Forbes Majette Rothman Spratt Weldon (FL) Schakowsky Tanner Wicker Bereuter Ford Maloney Royce Stark Weldon (PA) Schiff Tauscher Wilson (NM) Ruppersberger Stearns Berkley Fossella Manzullo Schrock Tauzin Weller Berman Frank (MA) Markey Wilson (SC) Ryan (OH) Stenholm Wexler Scott (GA) Taylor (MS) Wolf Ryan (WI) Strickland Berry Franks (AZ) Marshall Scott (VA) Whitfield Terry Woolsey Ryun (KS) Stupak Biggert Frelinghuysen Matheson Serrano Thomas Wicker Wu Sabo Sullivan Bilirakis Frost Matsui Sessions Thompson (CA) Wilson (NM) Wynn Sanchez, Linda Sweeney Bishop (GA) Garrett (NJ) McCarthy (NY) Shadegg Thompson (MS) T. Tancredo Wilson (SC) Bishop (NY) Gerlach McCollum Shaw Thornberry Young (AK) Sanchez, Loretta Tanner Wolf Bishop (UT) Gibbons McCotter Shays Tiahrt Young (FL) Sandlin Tauscher Woolsey Blackburn Gilchrest McDermott Saxton Tauzin Wu Blumenauer Gonzalez McGovern NAYS—14 Blunt Schakowsky Taylor (MS) Wynn Gordon McHugh Burgess Gingrey Jones (NC) Boehlert Goss McInnis Schiff Terry Young (AK) Coble Goode Paul Boehner Granger McIntyre Schrock Thomas Young (FL) Culberson Goodlatte Sensenbrenner Bonilla Graves McKeon NOT VOTING—41 Duncan Hensarling Stearns Bonner Green (TX) McNulty Flake Hostettler Andrews Gallegly Neal (MA) Bono Green (WI) Meehan Baker Gephardt Oberstar Boozman Greenwood Meek (FL) NOT VOTING—42 Boswell Grijalva Meeks (NY) Brady (PA) Gillmor Pascrell Andrews Gallegly Neal (MA) Boucher Gutknecht Menendez Brown, Corrine Gutierrez Portman Baker Gephardt Oberstar Boyd Harman Mica Burr Hall Roybal-Allard Brady (PA) Gillmor Pascrell Bradley (NH) Harris Michaud Buyer Herger Brown, Corrine Gutierrez Portman Rush Brady (TX) Hart Millender- Camp Hulshof Burr Hall Roybal-Allard Sanders Brown (OH) Hastings (FL) McDonald Collins Hyde Buyer Herger Rush Souder Brown (SC) Hastings (WA) Miller (FL) Combest Istook Camp Hulshof Sanders Taylor (NC) Brown-Waite, Hayes Miller (MI) Davis, Tom Kingston Collins Hyde Souder Toomey Ginny Hayworth Miller (NC) DeMint Lipinski Combest Istook Taylor (NC) Walden (OR) Burns Hefley Miller, Gary Ehlers McCarthy (MO) Davis, Tom Kingston Toomey Waters Burton (IN) Hill Miller, George Everett McCrery DeMint Lipinski Turner (OH) Weiner Calvert Hinchey Mollohan Fletcher Nadler Ehlers McCarthy (MO) Walden (OR) Cannon Hinojosa Moore Everett McCrery Waters ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cantor Hobson Moran (KS) Fletcher Nadler Weiner The SPEAKER pro tempore (during Capito Hoeffel Moran (VA) the vote). Members are reminded that Capps Hoekstra Murphy ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Capuano Holden Murtha there are 2 minutes remaining on this Cardin Holt Musgrave The SPEAKER pro tempore (during vote. Cardoza Honda Myrick the vote). The Chair will remind Mem- Carson (IN) Hooley (OR) Napolitano bers there are 2 minutes left to vote. b 1900 Carson (OK) Houghton Nethercutt So (two-thirds having voted in favor Carter Hoyer Ney b 1906 Case Hunter Northup thereof) the rules were suspended and Castle Inslee Norwood So (two-thirds having voted in favor the concurrent resolution was agreed Chabot Isakson Nunes thereof) the rules were suspended and to. Chocola Israel Nussle the bill was passed. The result of the vote was announced Clay Issa Obey Clyburn Jackson (IL) Olver The result of the vote was announced as above recorded. Cole Jackson-Lee Ortiz as above recorded. A motion to reconsider was laid on Conyers (TX) Osborne A motion to reconsider was laid on the table. Cooper Janklow Ose Costello Jefferson Otter the table. f Cox Jenkins Owens Stated for: b 1900 Cramer John Oxley Mr. TURNER of Ohio. Mr. Speaker, on roll- Crane Johnson (CT) Pallone SMALL BUSINESS DEVELOPMENT Crenshaw Johnson (IL) Pastor call No. 94, I was unavoidably detained. Had CENTER ASSISTANCE TO INDIAN Crowley Johnson, E. B. Payne I been present, I would have voted ‘‘yea.’’ Cubin Johnson, Sam Pearce TRIBE MEMBERS, NATIVE ALAS- Cummings Jones (OH) Pelosi f KANS, AND NATIVE HAWAIIANS Cunningham Kanjorski Pence Davis (AL) Kaptur Peterson (MN) APPOINTMENT OF ADDITIONAL The SPEAKER pro tempore (Mr. Davis (CA) Keller Peterson (PA) CONFEREES ON S. 151, ‘‘PROTECT FLAKE). The pending business is the Davis (FL) Kelly Petri ACT’’ question of suspending the rules and Davis (IL) Kennedy (MN) Pickering passing the bill, H.R. 1166. Davis (TN) Kennedy (RI) Pitts The SPEAKER pro tempore. Without The Clerk read the title of the bill. Davis, Jo Ann Kildee Platts objection, the Chair appoints the fol- Deal (GA) Kilpatrick Pombo lowing additional conferees on the Sen- The SPEAKER pro tempore. The DeFazio Kind Pomeroy question is on the motion offered by DeGette King (IA) Porter ate bill (S. 151) to amend title 18, the gentleman from Pennsylvania (Mr. Delahunt King (NY) Price (NC) United States Code, with respect to the DeLauro Kirk Pryce (OH) sexual exploitation of children: SHUSTER) that the House suspend the DeLay Kleczka Putnam rules and pass the bill, H.R. 1166, on Deutsch Kline Quinn From the Committee on Education which the yeas and nays are ordered. Diaz-Balart, L. Knollenberg Radanovich and the Workforce, for consideration of This is a 5-minute vote. Diaz-Balart, M. Kolbe Rahall section 8 of the Senate bill and sections The vote was taken by electronic de- Dicks Kucinich Ramstad 222, 305 and 508 of the House amend- Dingell LaHood Rangel vice, and there were—yeas 378, nays 14, Doggett Lampson Regula ments, and modifications committed to not voting 42, as follows: Dooley (CA) Langevin Rehberg conference:

VerDate Jan 31 2003 01:53 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.051 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2507 Messrs. Hoekstra, Gingrey, and Mr. OSBORNE. Mr. Speaker, this is way of knowing how much is laundered Hinojosa. the final week of the NCAA basketball through legal sports books, but based From the Committee on Transpor- tournament. This is an exciting time, on wiretaps, it is millions of dollars.’’ tation and Infrastructure, for consider- and it is also a time when large Thirdly, this results in ties to orga- ation of section 303 and title IV of the amounts of money are gambled. In 1998, nized crime. FBI agent Mike Welch House amendments, and modifications $2.5 billion was gambled on the NCAA said this: ‘‘Most student bookies, even committed to conference: tournament. Today, that would prob- if they don’t know it, are working for Messrs. Young of Alaska, Petri, and ably be almost double that amount. organized crime.’’ Matheson. Gambling on NCAA sports has be- Fourthly, giving one State a pass on There was no objection. come a major problem. In 1951, CCNY amateur gambling sends a message The SPEAKER pro tempore. The had a point-shaving scandal, and Ken- that this is not really a serious prob- Clerk will notify the Senate of the tucky in the 1940s. In 1994, a North- lem. It is like legalizing drugs in one change in conferees. western running back intentionally State and having them be illegal in 49 f fumbled to fix a game. In 1996, 13 Bos- others. ton College football players bet on REMOVAL OF NAME OF MEMBER b 1915 NCAA games, and several bet against AS COSPONSOR OF H.R. 1119 their own team. In 1998, a North- The argument is often advanced that Mr. MCDERMOTT. Mr. Speaker, I ask western basketball player was indicted legal gambling on amateur sports in unanimous consent that my name be for point shaving. In 1999, two Arizona Nevada tips off a fix. In other words, as removed as a sponsor of H.R. 1119. It State basketball players shaved points. the points change and there is a big was an error that my name was added This was done to pay off gambling shift in gambling money, this will alert to the bill, since I did not authorize the debts. The fix was traced to organized people that the fix is on. Yet in 2001 action. crime in Chicago. testimony on Capitol Hill, NCAA offi- The SPEAKER pro tempore. Is there Last month, Florida State quarter- cials pointed out that legal sports bet- objection to the request of the gen- back Adrian McPherson was charged ting in Nevada has never prevented a tleman from Washington? with illegal gambling, and of course he point-shaving scandal from happening. There was no objection. owed a bookie thousands of dollars. A Sometimes after the fact you might go f University of Michigan study recently back and look at it and say, well, maybe something was going on here, SPECIAL ORDERS found that 5 percent of NCAA athletes that play football and basketball pro- but it has not really prevented any- The SPEAKER pro tempore. Under vided inside information to gamblers. thing. the Speaker’s announced policy of Jan- So over 36 years of coaching, gam- The National Gambling Impact uary 7, 2003, and under a previous order bling was a major concern to me. I was Study Commission said in its 1999 re- of the House, the following Members always worried about our players get- port, it recommended that current will be recognized for 5 minutes each. ting involved because of gambling legal gambling on college athletics be f debts; but more importantly, as a banned altogether, and of course this The SPEAKER pro tempore. Under a coach you had to win twice. You had to would apply to the Nevada loophole. previous order of the House, the gen- win once on the scoreboard, and then So I urge support for H.R. 1451 which tleman from Oregon (Mr. DEFAZIO) is you had to win again in beating the will do exactly that. This will not recognized for 5 minutes. point spread. eliminate all gambling, I realize that, (Mr. DEFAZIO addressed the House. Someone up in the stands who had on NCAA sports; but it certainly would His remarks will appear hereafter in bet $10,000 on the outcome of a game be a step in the right direction and I the Extensions of Remarks.) that he could not afford to lose was not urge support of H.R. 1451. f a casual observer. Most of the nasty f memories that I have from coaching, The SPEAKER pro tempore. Under a TIGHTENING AMERICAN BORDER and I do not have very many, had to do previous order of the House, the gen- SECURITY with hate mail, obscene phone calls at tleman from Indiana (Mr. BURTON) is night, a mailbox that was blown up. In The SPEAKER pro tempore. Under a recognized for 5 minutes. previous order of the House, the gen- (Mr. BURTON of Indiana addressed general, most all the time these were tleman from Colorado (Mr. TANCREDO) the House. His remarks will appear caused by situations where somebody had lost a bet. is recognized for 5 minutes. hereafter in the Extensions of Re- Mr. TANCREDO. Madam Speaker, marks.) Gambling on NCAA sports is illegal in 49 States, yet it is legal in one the Washington Times carried an inter- f State, which is the State of Nevada. So esting article on March 28. Headlines The SPEAKER pro tempore. Under a we might ask, why not have a uniform read: Bonner Says U.S. Borders Sealed previous order of the House, the gen- standard? It is like having 49 States Better Than Ever. tleman from Illinois (Mr. DAVIS) is rec- that have to pay Federal income tax ‘‘America is better protected against ognized for 5 minutes. and then one State is given a pass. terrorists and weapons of mass destruc- (Mr. DAVIS of Illinois addressed the I have four major concerns with the tion today than it ever has been, says House. His remarks will appear here- Nevada loophole. First, this allows bets the head of the new Federal agency as- after in the Extensions of Remarks.) to be laid off. If there is a big game and signed to guard the Nation’s 6,000 miles f the action is getting pretty heavy, a of international borders and 300 ports The SPEAKER pro tempore. Under a local bookie can have a runner or him- of entry.’’ previous order of the House, the gentle- self go to Las Vegas, up the ante, and The borders, he says, are sealed bet- woman from the District of Columbia have his bets covered. I had a young ter than ever. Well, maybe something (Ms. NORTON) is recognized for 5 min- man from Nebraska who traveled to has happened down there in the last utes. Las Vegas weekly to do this over a pe- several days that I am not aware of, (Ms. NORTON addressed the House. riod of time. but I can tell you what is the situation Her remarks will appear hereafter in Kevin Pendergast, who orchestrated on our borders, at least our southern the Extensions of Remarks.) the Northwestern gambling scandal, border, as recently as the last couple of f said this: ‘‘Without the option of bet- weeks because I have just returned ting in Nevada, the Northwestern bas- from there and observed how sealed H.R. 1451, STUDENT ATHLETE ketball point shaving scandal would these borders are. In fact, of course, PROTECTION ACT never have occurred.’’ they are anything but protected. They The SPEAKER pro tempore. Under a Secondly, the loophole provides are completely and entirely porous. previous order of the House, the gen- money-laundering opportunities. The This is a picture of exactly what I am tleman from Nebraska (Mr. OSBORNE) is former chairman of the Nebraska Gam- talking about. This is the border be- recognized for 5 minutes. ing Control Board said, ‘‘We have no tween the United States and Mexico

VerDate Jan 31 2003 01:53 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.056 H31PT1 H2508 CONGRESSIONAL RECORD — HOUSE March 31, 2003 here. This is a cattle guard that has selves on their ranch and get the Bor- legend among her co-workers and pa- been put up at this particular point be- der Patrol and come and get them. tients in the Sacramento area and has cause so many people have come across The Tohono O’odom Indian Reserva- seen many changes in birthing tech- them. They have knocked down this tion, also in Arizona, not too far from niques and technology over her career. fence so many times, they have just where this picture is taken, has 1,500 When asked what sets Tex apart from given up putting up any sort of protec- people come across their land, across other nurses, her co-workers said that tion, because all it is is a 3-strand their border every single day; 1,500 ille- they are amazed at her willingness to barbed-wire fence to begin with, but it gal immigrants come across a 71-mile embrace advances in technology. Not has been knocked over so many times section of the border called the Tohono only was she open to change, she be- they just put up a cattle guard to keep O’odom Indian Reservation which has a came an expert in learning these new cattle from going across the border. coterminus border with Mexico; 1,500 a techniques, enrolling in classes to But it certainly does not protect or day and we are supposed to believe that learn the proper applications, and then seal the border. And this is the case for our borders are sealed better than ever. acting as a proctor to other nurses, literally thousands of miles of the bor- They are not sealed; they are not even teaching them those same techniques. der. remotely secure. In her career, Tex has seen fetoscopes replaced by fetal monitors, the emer- This is a sign. Maybe this is what the Now, maybe we are devising better gence of epidurals and improved pain head of the agency is referring to when methods of identification for people to medications, the introduction of the he says things are better now than ever show, so when people come through a LaMaze technique, and the advent of before. This sign was put up there; ac- port of entry they have to prove who homestyle deliveries where labor and tually it was put up a while back. Here they are. That is a good idea. But let birth take place in one room, and fam- is a sign near another little spot me suggest that people do not come ily members are welcome. around the border where the ruts in the across the port of entry if they are In her own words, ‘‘You tell me there road, they will show you how many coming to do us great harm. They are is a new way of doing something, and I times they have come across here from coming across right over here. want to learn how to do it and do it Mexico into the United States where f well. As long as you arrive at the same we were standing taking a picture of The SPEAKER pro tempore. Under a destination, it just does not matter this sign. The sign says, ‘‘All persons previous order of the House, the gentle- how you get there.’’ and vehicles must enter the United woman from the Virgin Islands (Mrs. Among her co-workers, Tex’s com- States at a designated port of entry CHRISTENSEN) is recognized for 5 min- mitment to her job, her enthusiasm only.’’ This is not, underlined, this is utes. and her devotion to her patients, acts not a designated port of entry. And, of (Mrs. CHRISTENSEN addressed the as an inspiration to other nurses. Tex course, we are out in the middle of no- House. Her remarks will appear here- retired in order to keep a promise to where. There is not anything for hun- after in the Extensions of Remarks.) her husband Frank that she would re- dreds of miles except where everybody tire at age 81. This remarkable and en- has been coming across and knocking f ergetic woman says that even at age 81 down fences and coming into the HONORING KATHLEEN TEX she was not ready to retire and that 81 United States. MILAMI came too soon. In all that she has expe- Maybe this is the security device rienced, Tex said the hardest part of it that we are talking about. Maybe this The SPEAKER pro tempore. Under a all has been to retire. is what we will see when people come previous order of the House, the gen- Madam Speaker, I wish to acknowl- across, terrorists and others, who come tleman from California (Mr. OSE) is edge Tex for her myriad of contribu- across this place which is not a port of recognized for 5 minutes. tions to the nursing profession and to entry, and look at the sign and say, oh, Mr. OSE. Madam Speaker, in honor the Sacramento area families whose golly, this is not a port of entry. I of Women’s History Month, I would lives she has touched with exceptional guess I should go several hundred miles like to join members of the Congres- attention and care to birthing mothers to where it is a port of entry and try to sional Caucus for Women’s issues in and her eagerness to improve the expe- come across there, and then they will recognizing the accomplishments of rience of all her patients. turn back and go back into Mexico. women and the outstanding contribu- Kathleen ‘‘Tex’’ Milami emerges not Surely that is what this, we are assum- tions they have made to our country. only as a leader in her field, with an es- ing, is going to make happen. I would like to take this opportunity tablished and respected career, but also Well, of course, it is not. The borders to honor an extraordinary woman from at 81 years of age, is a role model for are not only not sealed better than my district, Kathleen ‘‘Tex’’ Milami, all women. ever, they are entirely porous. for her 60 years of dedicated service as I am honored to recognize her and all There is a report from the Tucson a registered nurse working in a number her accomplishments for Women’s His- sector from the U.S. Border Patrol that of hospitals throughout the country. tory Month and would like to wish her said that as early as November of last On her 81st birthday on February 27 of the very best in her retirement. year they apprehended in just one sec- this year, Tex celebrated another mo- f tor 23,000 illegal aliens, but they also mentous occasion, her retirement, HONORING SAM JONES marking the end of her exceptional 60- said that at least for every one they The SPEAKER pro tempore. Under a year career as a nurse, 30 years of get, five get by them. So in the month previous order of the House, the gentle- of November, according to the Border which were spent at Mercy’s Sac- woman from Indiana (Ms. CARSON) is Patrol, 100,000 people came across just ramento birthing center facilities as a recognized for 5 minutes. the Tucson sector into the United labor and delivery nurse. Ms. CARSON of Indiana. Madam States. They got 23,000 of them, turned Tex began nursing at the age of 18, Speaker, ‘‘From within or from behind, them back, and of course those people studying for 3 years at Parkland Hos- a light shines through us on things, very soon just came across the border pital in Dallas, Texas. In 1945 she began and makes us aware that we are noth- as soon as somebody was not looking; working in various hospitals in Pitts- ing, but the light is all.’’ Ralph Waldo 100,000 in the month of November. burgh, Pennsylvania, specializing in Emerson. There is a gentleman here that owns labor and delivery nursing. In 1972 she A fitting tribute of behalf of Mr. Sam a ranch, not too far from where this moved to the Sacramento area, work- Jones on the occasion of his home picture is taken, as a matter of fact. ing first at the Birthing Center at going celebration, preceded first by a His name is Roger Barnett. He has per- Mercy American River Hospital just few days his 74th birthday. sonally, he, his wife, and his brother down the street from where I live, and In Indianapolis, Indiana this week, have personally interdicted 2,000 people then in 1995 moved with the birthing Madam Speaker, citizens of all walks a month on their land, called the Bor- center to Mercy’s San Juan Hospital of life, political, religious and philo- der Patrol, had them come and get where she spent the remainder of her sophical persuasion, persons who rep- them and take them away; 2,000-some career. After 30 years of distinguished resent every person and race imag- people a year, these folks stop them- service, she has become something of a inable, will celebrate the life of Mr.

VerDate Jan 31 2003 01:53 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.062 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2509 Sam Jones on the occasion of his home fact that when our troops go abroad, minority students leave the State of going, and 36-year reign at CEO and they are fighting for the values of this Texas to try and get an education be- president of the Indianapolis Urban Nation. They are fighting for our free- cause they could not get into the grad League. He dedicated his life to God, dom, our freedom of dissent, but also school which their parents had paid family, and community. He was the our freedom of equality and justice. taxes for. This is a shame and this is a dean of the Urban League chapters Is it not interesting, Madam Speaker, sham. throughout the Nation. He is inducted and it is sobering that tomorrow, April I hope that in the wisdom of the Su- into the courageous Hall of Champions 1, 2003, one of the more historic argu- preme Court that they will have the and is celebrated for his unparalleled ments before the Supreme Court will opportunity to hear the arguments and moral persuasion in promoting soli- be held, and that is, the challenge of realize that the program before us, the darity among all peoples for the com- whether or not affirmative action is University of Michigan plan, is an ex- mon good. unconstitutional. I might imagine that cellent plan; and I hope that the Na- History offers few examples of lead- there are some troops in Iraq that will tion’s values will be upheld by the Su- ers who were gentlemen and genteel ultimately be impacted by this deci- preme Court, the values of equality for men all the while. There were many sion. all and justice for all. who will say so much about Mr. Jones’s I think the greater tragedy is that f contributions to so many on behalf of this government, this administration so many. decided to weigh in in opposition to the REVELATIONS ABOUT RICHARD But in summary, Madam Speaker, he University of Michigan plan, a plan PERLE lived not because but for a cause. In his that has already been established as a The SPEAKER pro tempore (Ms. unassuming manner, he followed the non-quota plan. It is an outreach. It GINNY BROWN-WAITE of Florida). Under instruction of a wise man many years provides a point system, Madam the Speaker’s announced policy of Jan- ago: ‘‘Let your light so shine by your Speaker, for athletes, people living in uary 7, 2003, the gentleman from Michi- good works on Earth that it will be northern Michigan, individuals who gan (Mr. CONYERS) is recognized for 60 magnified on high.’’ happen to come from different ethnic minutes as the designee of the minor- He will be missed by all. He chal- groups. It is not a quota system, but ity leader. lenged us to find a cure for leukemia. yet our government has decided to go Mr. CONYERS. Mr. Speaker, I rise We can, if we will. We cannot afford into the Supreme Court with my tax today to discuss several matters that not to. My love and appreciation and dollars and allow the Solicitor General have become intertwined in the Iraq admiration is extended to the Jones to argue against the rights of millions circumstance, and of course, our family and especially to a very special and millions of Americans. Young peo- thoughts and prayers are with the wife, Pree, and an extraordinary fam- ple who have not had opportunity, brave men and women who are fighting ily. young people who started in this life overseas, faced with a number of trou- f behind the finish line. bling episodes, though, here at home PEACE FOR AMERICA President Lyndon Johnson said that that may involve conflicts of interest one cannot expect a person to finish a of high-level Bush administration offi- The SPEAKER pro tempore. Under a race until we take the strings off of cials. previous order of the House, the gentle- their hands and feet, and that is what I take the floor tonight to raise the woman from Texas (Ms. JACKSON-LEE) affirmative action is about. discussion on the ongoing revelations is recognized for 5 minutes. I am a product of affirmative action, that Richard Perle, a member of the Ms. JACKSON-LEE of Texas. Madam Madam Speaker, going to Yale Univer- Pentagon’s defense policy board, may Speaker, there is not a time that I sity; but I did not graduate on affirma- have used his government position for come to the floor during this time of tive action. In fact, Yale University af- private financial gain. It could be that war that I do not feel burdened to firmatively created women because it he did not use his position for private speak to the issue of peace and some became coed during the time I was in financial gain, but I am alarmed with a sense of recognition by the administra- college. What a tragedy that in this number of lucrative government con- tion that all is not well with the posi- Nation we could not find the kind of tracts that were recently awarded to tion that the United States is taking balance in the administration to argue the company formerly headed by the with respect to the United Nations Se- on behalf of an effective plan. Vice President of the United States, curity Council. Let me thank the Congressional DICK CHENEY. At any time we discuss war, we are Black Caucus for having the courage What I am troubled about is the ap- reminded of the families that are even in these times to stand up against parent link between the private finan- mourning and the families that are the attack on civil rights and affirma- cial gains made by the administration also praying for their loved ones. And tive action, and I thank the gentleman and their friends and the administra- so it is important to acknowledge our from Maryland (Mr. CUMMINGS), the tion’s prosecution of the war in Iraq. In respect and admiration and support for chairman, and thank many of the the short term, American businesses the success of the United States troops. Members who participated in an af- could stand to gain nearly $2 billion in b 1930 firmative action summit in Houston: government contracts for reconstruc- At the same, too, we are policy- the gentlewoman from Michigan (Ms. tion projects in Iraq; and over the long makers and our dissent is not against KILPATRICK), the gentlewoman from run, over the long term, the next 3 the troops. It is against the policies. California (Ms. WATSON), the gen- years, the United Nations Development I am concerned that there is no focus tleman from Michigan (Mr. CONYERS), Program estimates it will cost up to and thought on the aftermath of this and the gentleman from Louisiana (Mr. $30 billion or more to rebuild that Iraqi war, the ability to govern this JEFFERSON). country. Indeed, some of that money Nation without government, the inabil- I believe, Madam Speaker, that we has already been awarded, including a ity of one country to be able to occupy cannot stand silent while our rights contract to a subsidiary of Halliburton another. I believe it is misdirected for are being denied, and I hope that we Company, which the Vice President this administration to believe that the will continue to stand for what is was the CEO of from 1995 to the year United States military can occupy this right. There will be thousands tomor- 2000. Nation, Iraq, without coalition efforts. row who will petition the United Many in the government are already I believe it is misdirected to think States Supreme Court in order for benefiting from these payouts, includ- that Congress should not be involved, them to know that this impacts lives. ing Mr. Richard Perle, who, for exam- and I hope that we will be working se- It denies opportunity. ple, is on the board of directors for riously on the question of peace. It is I close, Madam Speaker, to say that Onset Technology. Onset is the world’s interesting to try and fight the war, the University of Texas and the Texas leading provider of message conversion but can we keep and hold the peace? system are real examples of what a technology. The company’s customers As I think about those thoughts, court decision can do because, after the include Bechtel, a well-known govern- Madam Speaker, I also think about the Hopwood decision, we saw hundreds of ment contractor widely considered the

VerDate Jan 31 2003 01:53 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.065 H31PT1 H2510 CONGRESSIONAL RECORD — HOUSE March 31, 2003 leading candidate for rebuilding the of directors of software developer Au- board so that we can see whether issues Iraqi infrastructure, and Raytheon tonomy, a data mining company that relating to the private financial inter- Company, which is a provider of de- lists the Defense Department and ests of the members have been dis- fense electronics, including the Patriot Homeland Security Department as cus- cussed. There are persons on my staff and the Tomahawk missiles. tomers. For example, last October the who have security clearance and can There are many ways in which Mr. company won a major contract with view the minutes of these meetings Richard Perle could be benefiting from Homeland Security. While Mr. Perle without any danger of compromising his government position on the Defense has drawn no salary, he has received national security. As a matter of fact, policy board. For example, he has con- more than 120,000 share options from I would be willing to do so myself. Of tracted with bankrupt telecommuni- Autonomy. course, regardless of what was dis- cations company Global Crossing, Lim- Mr. Perle’s award of these share op- cussed at the meeting, the fact still re- ited to try to win the United States tions gives him a direct financial stake mains that the members of the board Government approval of its $250 mil- in the success of this company. Indeed, are still government employees who si- lion chapter 11 buyout by two Asian the National Association of Pension multaneously sit on the boards of and companies, Hutchison Whampoa, con- Funds recently recommended that are employed by private companies trolled by the Hong Kong billionaire Li shareholders abstain when Mr. Perle that can and do benefit from Defense Ka-shing, and Singapore Technologies comes up for reappointment this sum- Department contracts. This is a direct Telemedia, a phone company con- mer because the group feels that share and disturbing conflict of interest. trolled by the Government of Singa- options compromise the independent Mr. Perle and the other members of pore itself. status of the independent directors the Defense policy board are not the Mr. Perle was being paid $125,000 for such as Perle. only ones capitalizing on the war in his efforts but stood to reap a $600,000 In yet what some term an amazing Iraq. I turn now to the Vice President bonus if the sale was approved by his incident on March 19 of this year, Mr. of the United States, whose former superior, Secretary of Defense Donald Perle spoke in a conference call spon- company, Halliburton, has already se- Rumsfeld. Both the Department of De- sored by Goldman Sachs, in which he cured a number of contracts in the fense and the Federal Bureau of Inves- advised participants on possible invest- Middle East since the Vice President tigation were opposed to the sale for ment opportunities arising from the took office. For example, on March 25 national security reasons because it war in Iraq. The conference title was of this year, the United States Army would place Global Crossing’s fiber ‘‘Implication of an Imminent War: Iraq announced that it awarded the main optic network, used by the United Now. North Korea Next?’’ Clearly, Mr. Iraq oil well firefighting contract to a States Government, under foreign con- unit of Halliburton, which incidentally trol. Perle has little regard for the conflict- of-interest rules that are in place for was let without any bidding whatso- In a March 7, 2003, affidavit, Mr. ever. Furthermore, it was reported Perle said, ‘‘As the chairman of the De- government officials, and I am assum- that Halliburton had been working fense Policy Board, I have a unique ing in that statement that he is aware closely with U.S. Army engineers prior perspective on and intimate knowledge of the rules in the first place. The most recent Perle revelation is even to the awarding of the contract. of the national defense and security This was not the first time Halli- issues that will be raised by the review that while on the Defense policy board he advised a major American satellite burton has profited from a government process.’’ Mr. Perle even acknowledged contract since the Bush-Cheney admin- contacting at least one government of- maker, Local Space and Communica- tions, as it faced government accusa- istration has taken office. Halliburton ficial on Global Crossing’s behalf, recently secured a $140 million con- though he refused to identify this per- tions that it improperly transferred tract by the Saudi Arabian Govern- son. And though Mr. Perle said he is no rocket technology to China. ment through their state-owned petro- longer lobbying on Global Crossing’s In an attempt to divert us from con- leum firm, Saudi Aramco, to develop behalf and will donate his $125,000 fee tinuing to look into these matters, Mr. oil fields in their country. And a Halli- to American servicemen and their fam- Perle has recently announced that he burton subsidiary was also hired by the ilies, which I applaud, the fact remains would immediately step down as chair- Saudis to build a $40 million ethylene that he may well have used his govern- man of the Defense policy board last week. Yet he does remain on the board plant. ment position improperly to secure Now, it is a matter of record that this fee. It is not relevant what he as a member, along with 29 others. Halliburton gave nearly $18,000 to the chooses to do with the money after he According to a recent study by the Bush-Cheney Presidential campaign of gets it. Center for Public Integrity, of the 30 Mr. Richard Perle also serves as man- Defense policy board members, some of 2000. There is some concern that these aging partner of a private venture cap- them have ties to companies that have campaign contributions from CHENEY’s ital firm called Trireme Partners that won more than $76 billion in defense former company, coupled with invests primarily in companies that contracts in last year and the year be- Halliburton’s success in securing gov- deal in goods and services related to fore. Indeed, four members are, in fact, ernment contracts under this adminis- national security. Pulitzer Prize-win- registered lobbyists, one of whom rep- tration, at the very least create the ap- ning journalist Seymour Hersh re- resents two of the three largest defense pearance of favored treatment. And cently reported that on January 3 of contractors. while the Vice President divested near- ly all of his financial interests in Halli- this year, Mr. Perle met with Saudi b 1945 businessmen, including arms dealer burton when he stepped down as CEO Adnan Kashoggi, in Marseilles, France, Perle, like the others, continues to to be President Bush’s running mate, to secure their investment in Perle’s be a key adviser to the administration he still continues to receive $1 million company. on defense issues, even as he pursues a year in deferred compensation from The report contains a disturbing his personal business in the same area, his Halliburton severance package. And quote from Prince Bandar bin Sultan, a potential violation of the Federal though he sold most of his shares when the Saudi ambassador to the United criminal ethics rules. he left the company, he retained op- States, and he said, ‘‘There were ele- In order to get to the bottom of this tions worth in the range of $8 million. ments of the appearance of blackmail. matter, I plan to ask the distinguished Like Perle’s donation of his $125,000 fee ‘If we get in business, he’ll back off in Secretary of Defense, Secretary Donald to war victims, the Vice President has Saudi Arabia,’ as I have been informed Rumsfeld, to publicly release the finan- also arranged to pay any profits de- by participants in the meeting.’’ cial disclosure forms that each member rived from his Halliburton stock to Though Perle denied that securing in- of the board must file with his office. charity. How nice. It seems, Madam vestment in his company was the pur- To date, these forms have not been Speaker, that the Bush administration pose of the meeting, he said that he did seen by anyone outside the Pentagon. I is not opposed to using government po- meet with the Saudis concerning Iraq. am further requesting of the Secretary sition for private gain as long as one There is also concern about Perle’s of Defense to release the minutes of all does not keep all the profits for one- position as a nonexecutive on the board meetings held by the Defense policy self.

VerDate Jan 31 2003 01:53 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.067 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2511 Quite frankly, like Mr. Perle, it is takes or point the way to new ideas. When he laureate (in economics) and several recently time for the Vice President to make a does so, he must have confidence that the ad- retired general officers—have used the much fuller disclosure than he has up vice he receives is candid, that it is the prod- board’s meetings to share their views with uct of serious deliberation, and that it is free the secretary of defense. till now. The American people have a from advocacy reflecting private interests. The Times story about my work for Global right to know if their officials are or The relationship between official and adviser Crossing gave the impression that I had been are not using their office for self-inter- is ultimately one of trust. retained to use influence stemming from my ested reasons. From the evidence al- Most often, the people best able to help are chairmanship, my ‘‘close ties to current offi- ready made public, Mr. Perle and oth- professionally involved in the businesses for cials,’’ to obtain favorable ruling on the ac- ers really should, and I recommend which the official is responsible: health pro- quisition of Global Crossing by a joint ven- ture including a Hong Kong company. This is this, give a full accounting of their fessionals or pharmaceutical company execu- tives advising the Department of Health and incorrect. (When I asked the times to publish business dealings; and the Vice Presi- Human Services, for example, or energy a letter in reply, I was told that they would dent must completely divest himself of company officials advising the Department not unless I dropped the word ‘‘incorrect.’’ any and all financial ties to Halli- of energy, or defense executives advising the Thus I learned that the Times censors letters burton. Then the American people can Department of Defense. If the secretary of to the editor.) be sure that their representatives in defense wants advice on new approaches to In truth, I was retained to advise Global Crossing on how it could meet the govern- Washington, their leaders, are working the conflict between India and Pakistan, or how far and how fast to press technical inno- ment’s security concerns about the trans- for the good of the many and not in action, not to ‘‘help overcome Defense De- any kind of personal way to benefit vation in precision-guided weapons, he is un- likely to turn to a dress designer or a molec- partment resistance’’ to it. To do this I had themselves. ular biologist. (Hollywood personalities to persuade Global Crossing to accept some far-reaching safeguards, which it has now Now, while it is true that Halli- might be similar ill-equipped, but he is like- done. My task was to make intelligible to burton, and I am not picking on them, ly to get their advice whether he wants it or Global Crossing the government’s concerns, but they are the subject of these dis- not.) There is no way, of course, to be sure that not to use influence to get the government cussions, while it is true that Halli- to set those concerns aside—the precise op- an outside adviser (or for that matter, a sub- burton is now out of the running for posite of the Times’ characterization. the prime contract to rebuild Iraq, and ordinate) is not driven by a private passion, The New Yorker piece by Seymour Hersh is a deeply held conviction that skews his judg- I presume they took themselves out, a masterpiece—of falsehood and innuendo. ment, or a private policy agenda. Only by He describes a lunch I had with two Saudi there is nothing that prevents them judging the cogency of the advice he re- from being subcontractors in many in- businessmen, during which the situation in ceives—and over time the track record of the Iraq was the sole topic of discussion, as a stances. adviser—can he be confident that he is re- ‘‘cover story’’ for another purpose—eliciting Madam Speaker, I am submitting for ceiving balanced counsel. a private Saudi investment in a fund in the RECORD a couple of articles, from But there are ways to ensure that advice which I am a partner. And he quotes Saudi the Washington Post and even from the does not advance personal financial inter- Ambassador Prince Bandar to the effect that Wall Street Journal, which are critical ests, and they are reflected in rules that ‘‘if we get in business,’’ I would ‘‘back off on apply to the many thousands of individuals of Mr. Perle. I quote from today’s Saudi Arabia.’’ Sprinkled in the article are serving on hundreds of boards which advise references to conflicts of interest, although paper: ‘‘Our own view is that Mr. Perle government at all levels. The two key rules the incoherence of the piece reflects Mr. should have understood that Global are simply and flow from a familiar prin- Hersh’s Houdini-like twists and turns, in- Crossing was politically toxic.’’ As ciple: that public office should not be used tended to question my integrity. well, Madam Speaker, I would like to for private gain. Neither piece shows that I departed from include a statement of Mr. Perle that The first rule is full disclosure of the finan- the rules of disclosure and recusal. Global explains his position and what has hap- cial interests of the adviser. This is accom- Crossing was never a topic in my board. Had plished by annual filings of the board mem- it been, I would have recused myself. Mr. pened in this matter. It is one that I ber’s business interests, sources of income, Hersh implies that my involvement in a fund think, in all fairness to him, should be clients, share holdings and the like. The sec- set up to invest in homeland security tech- reproduced in the RECORD. ond rule is straighforward: If the discussions nologies might by itself constitute a conflict [Mar. 31, 2003] or advice of the board should involve matters of interest. But there is nothing in the rules FOR THE RECORD that have a direct and predictable effect on governing the board, or in any reasonable an adviser’s financial interests, he is recused ethical judgment, that would preclude my (By Richard Perle) from taking part. An adviser following these working in such a fund. He implies there Last week I resigned my position as chair- rules should be free to give his best candid may be a conflict of interest issue because I man of the advisory Defense Policy Board advice, and the official receiving advice am a non-executive director of a software after news stories, rich in innuendo, sug- should not have to worry that it might be company, Autonomy, which recently won a gested that I had acted improperly in advis- tainted. These are the rules that members of contract to supply software for homeland se- ing Global Crossing (the New York Times) government advisory boards accept when curity. But Autonomy never came before my and, in a separate matter, in meeting over they agree to serve on them. They are not board—specific companies almost never do. lunch with two Saudi businessmen (The New obliged to terminate their employment or Had it, I would have recused myself. Yorker). They provoked an avalanche of sto- abandon business interests, even those that The Times story further suggested that the ries, mostly repeating points in those first may benefit from decisions of the depart- very fact that I served on a board—and that two, with each iteration making more ex- ment or agency they advise. this service was mentioned in documents treme allegations than the last. There was Since most people with experience and that summarized my background and quali- no way I could quickly quell the press criti- knowledge relevant to defense and national fications—was in itself a conflict. But this cism of me, even though it was based on fac- security policy are likely to earn their liveli- suggestion cannot be serious. Everybody I tual errors and tendentious reporting. So I hood in defense-related enterprises, the pos- work with knows who I am and what I have wrote to Donald Rumsfeld, ‘‘I have seen con- sibility of conflict of interest is always done, whether I attach my re´sum´ e to the pa- troversies like this better and I know that present and must be contained by adherence perwork or not. Those who serve without any this one will inevitably distract from the ur- to the two rules, disclosure and recusal. compensation on these boards do so as a gent challenge in which you are now en- Without those rules, and the protection they civic responsibility. We give time and exper- gaged. I would not wish to cause even a mo- afford, few individuals with knowledge or ex- tise and we accept the terms of membership, ment’s distraction from that challenge.’’ perience would agree to serve on advisory including rules concerning conflicts of inter- Let me explain my milieu, and context. boards, and the benefits of those boards est, willingly. But few of us could do so if we Government officials, particularly at the would be lost to policy officials. were prevented from working in the areas most senior level, frequently seek advice I have been privileged to chair the Defense about which we are consulted, and the value from outside the departments they super- Policy Board for nearly two years. During of our advice would be sharply diminished if intended. The perspective of knowledgeable that time the board has debated many we left our professional pursuits. outsiders is often a needed corrective to an issues, including U.S. policy with respect to Somewhere there is probably a board that institutional view that may have come to Iraq, weapons of mass destruction, Euro- advises some agency of government on fash- dominate the department’s thinking. Some- pean-U.S. relations, the war on terrorism ion trends. I suppose I could join it without times senior officials face vexing questions and the like. The discussions have been live- fear that the New York Times or Seymour for which their staffs provide unsatisfying ly, the views expressed diverse, and the Hersh would accuse me of a conflict of inter- answers, or they want a longer-term view. It board’s experienced members—former secre- est. My wife would be appalled. is only natural that an intellectually curious taries of state, defense and energy, former [From the Wall Street Journal] cabinet officer will reach out to peers who directors of Central Intelligence, former CENTER FOR PUBLIC IGNORANCE have occupied similar positions, in the hope speakers of the House from both parties, a Richard Perle explains the attack on his that their experience will help avoid mis- former vice-president, professors, a Nobel tenure at the Defense Policy Board nearby.

VerDate Jan 31 2003 01:53 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.068 H31PT1 H2512 CONGRESSIONAL RECORD — HOUSE March 31, 2003 Our own view is that Mr. Perle should have Mr. BURTON of Indiana, for 5 minutes, update on the status of submissions of Fiscal understood that Global Crossing was politi- today, April 1, 2, 3, and 4. Years (FY) 2001 and 2002 Alternative Fuel Ve- cally toxic. But you can tell something else Mrs. BIGGERT, for 5 minutes, April 1. hicle (AFV) Reports for the Department; to is going on here because the ethics attack is the Committee on Energy and Commerce. Mr. OSBORNE, for 5 minutes, today. now extending to the rest of the Board. 1565. A letter from the Acting Principal An outfit called the Center for Public In- Mr. TANCREDO, for 5 minutes, today. Deputy Associate Administrator, Environ- tegrity—moral modesty is not part of its (The following Member (at his own request) mental Protection Agency, transmitting the charter—has issued a report warning that to revise and extend his remarks and in- Agency’s final rule — Approval and Promul- ‘‘at least’’ nine of the 30 Board members clude extraneous material:) gation of Air Quality Implementation Plans; have some sort of ties to defense contractors. Mr. OSE, for 5 minutes, today. Philadelphia County, Pennsylvania; Con- Keep in mind that the Defense Board is pure- f struction, Modification and Operation Per- ly advisory, its members work without pay mit Programs [PA202-4400a; FRL-7474-2] re- and they abide by disclosure rules even SENATE BILLS REFERRED ceived March 27, 2003, pursuant to 5 U.S.C. though they have zero decision-making Bills of the Senate of the following 801(a)(1)(A); to the Committee on Energy and power. They serve only because the Sec- titles were taken from the Speaker’s Commerce. 1566. A letter from the Acting Principal retary of Defense thinks their counsel might table and, under the rule, referred as occasionally be worth listening to. Deputy Associate Administrator, Environ- The suggestion nonetheless is that former follows: mental Protection Agency, transmitting the CIA Director Jim Woolsey, former Secretary S. 330. An act to further the protection and Agency’s final rule — Approval and Promul- of State Henry Kissinger and retired Admiral recognition of veterans’ memorials, and for gation of Implementation Plans and Des- William Owens, among others, shouldn’t be other purposes; to the Committee on the Ju- ignation of Areas; California — Indian Wells able to serve on the advisory panel. How diciary; in addition to the Committee on Valley PM-10 Nonattainment Area [CA-276- about taking a phone call from Donald Transportation and Infrastructure for a pe- 0380; FRL-7461-5] received March 27, 2003, pur- Rumsfeld? Is that also too ‘‘incestuous?’’ We riod to be subsequently determined by the suant to 5 U.S.C. 801(a)(1)(A); to the Com- have reached the state of ethics in Wash- Speaker, in each case for consideration of mittee on Energy and Commerce. ington in which Madonna could presumably such provisions as fall within the jurisdic- 1567. A letter from the Acting Principal serve as a Pentagon adviser but people who tion of the committee concerned. Deputy Associate Administrator, Environ- actually know something about national se- S. Con. Res. 30. Concurrent resolution ex- mental Protection Agency, transmitting the curity cannot. pressing the sense of Congress to commend Agency’s final rule — Approval and Promul- The objection is so transparently silly that and express the gratitude of the United gation of Implementation Plans; Indiana one can only conclude that the real motiva- States to the nations participating with the [IN214-1a; FRL-7470-7] received March 27, tion here is political. The opponents of war United States in the Coalition to Disarm 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the with Iraq and change in the Middle East are Iraq; to the Committee on International Re- Committee on Energy and Commerce. trying to drive from public influence the lations. 1568. A letter from the Assistant Secretary folks who speak on behalf of those Bush Ad- for Legislative Affairs, Department of State, f ministration policies. ‘‘Integrity’’ is simply transmitting certifications and waivers and a smokescreen. ADJOURNMENT their justification under section 565(b) of the f Foreign Relations Authorization Act, Fiscal Mr. CONYERS. Madam Speaker, I Years 1994 and 1995 of the prohibition against LEAVE OF ABSENCE move that the House do now adjourn. contracting with firms that comply with the The motion was agreed to; accord- By unanimous consent, leave of ab- Arab League Boycott of the State of Israel ingly (at 7 o’clock and 55 minutes sence was granted to: and of the prohibition against contracting p.m.), under its previous order, the with firms that discriminate in the award of Mr. NADLER (at the request of Ms. House adjourned until tomorrow, Tues- subcontracts on the basis of religion, pursu- PELOSI) for today on account of official ant to Public Law 103—236, section 565(b) (108 business in the district. day, April 1, 2003, at 10:30 a.m., for morning hour debates. Stat. 845); to the Committee on Inter- Ms. WATERS (at the request of Ms. national Relations. PELOSI) for today on account of busi- f 1569. A letter from the Deputy Director, ness in the district. EXECUTIVE COMMUNICATIONS, Defense Security Cooperation Agency, trans- mitting the annual report on Military As- Mr. EVERETT (at the request of Mr. ETC. DELAY) for today on account of official sistance, Military Exports, and Military Im- business. Under clause 8 of rule XII, executive ports for Fiscal Year 2002; to the Committee on International Relations. Mr. TOOMEY (at the request of Mr. communications were taken from the Speaker’s table and referred as follows: 1570. A letter from the Assistant Secretary DELAY) for today on account of per- for Export Administration, Department of sonal business. 1560. A letter from the Acting Principal Commerce, transmitting the Department’s Mr. WALDEN of Oregon (at the request Deputy Associate Administrator, Environ- final rule — Revisions to the Export Admin- of Mr. DELAY) for today and the bal- mental Protection Agency, transmitting the istration Regulations Related to the Missle ance of the week on account of a death Agency’s final rule — Bacillus pumilus GB Technology Control Regime (MTCR) [Docket 34; Exemption from the Requirement of a in the family. No. 030304054-3054-01] (RIN: 0694-AC22) re- Tolerance [OPP-2002-0328; FRL-7286-9] re- ceived March 26, 2003, pursuant to 5 U.S.C. f ceived March 27, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Inter- SPECIAL ORDERS GRANTED 801(a)(1)(A); to the Committee on Agri- national Relations. culture. 1571. A letter from the Assistant Secretary By unanimous consent, permission to 1561. A letter from the Acting Principal for Legislative Affairs, Department of State, address the House, following the legis- Deputy Associate Administrator, Environ- transmitting a copy of the Presidential De- lative program and any special orders mental Protection Agency, transmitting the termination No. 2003-04, Imposition and heretofore entered, was granted to: Agency’s final rule — S-Metolachlor; Pes- Waiver of Sanctions Under Section 604 of the (The following Members (at the re- ticide Tolerance [OPP-2003-0 046; FRL-7229-8] Foreign Relations Authorization Act, Fiscal received March 27, 2003, pursuant to 5 U.S.C. quest of Mr. MORAN of Virginia) to re- Year 2003; to the Committee on International 801(a)(1)(A); to the Committee on Agri- Relations. vise and extend their remarks and in- culture. clude extraneous material:) 1572. A letter from the Assistant Secretary 1562. A communication from the President for Legislative Affairs, Department of State, Mr. DEFAZIO, for 5 minutes, today. of the United States, transmitting a request transmitting a report pursuant to Section 3 Mr. DAVIS of Illinois, for 5 minutes, to make available contingent emergency of the Arms Export Control Act; to the Com- today. funds pursuant to Public Law 107-42, the Air mittee on International Relations. Ms. NORTON, for 5 minutes, today. Transportation Safety and System Stabiliza- 1573. A letter from the Secretary, Depart- Mrs. CHRISTENSEN, for 5 minutes, tion Act, 2001; (H. Doc. No. 108—60); to the ment of Health and Human Services, trans- today. Committee on Appropriations and ordered to mitting a report of surplus real property Ms. CARSON of Indiana, for 5 minutes, be printed. transferred for public health purposes for Oc- today. 1563. A letter from the Assistant Secretary, tober 1, 2001, through September 30, 2002, pur- Department of Education, transmitting Ms. JACKSON-LEE of Texas, for 5 min- suant to Public Law 100—77, section 601 (101 Final Priority — Experimental and Innova- utes, today. Stat. 515); to the Committee on Government tive Training Program, pursuant to 20 U.S.C. Reform. (The following Members (at the re- 1232(f); to the Committee on Education and 1574. A letter from the Chairman, Council quest of Mr. WELDON of Florida) to re- the Workforce. of the District of Columbia, transmitting a vise and extend their remarks and in- 1564. A letter from the Secretary, Depart- copy of D.C. ACT 15-33, ‘‘Emancipation Day clude extraneous material:) ment of Veterans Affairs, transmitting an Fund Temporary Act of 2003’’ received March

VerDate Jan 31 2003 01:53 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.058 H31PT1 March 31, 2003 CONGRESSIONAL RECORD — HOUSE H2513 28, 2003, pursuant to D.C. Code section 1— by the Federal Managers’ Financial Integ- an informational copy of a lease prospectus 233(c)(1); to the Committee on Government rity Act; to the Committee on Government for the Department of Homeland Security, Reform. Reform. pursuant to 40 U.S.C. 606(a); to the Com- 1575. A letter from the Chairman, Council 1589. A letter from the Special Counsel, Of- mittee on Transportation and Infrastruc- of the District of Columbia, transmitting a fice of Special Counsel, transmitting the ture. copy of D.C. ACT 15-32, ‘‘Kings Courts Com- Counsel’s FY 2002 Annual Performance Re- 1601. A letter from the Chief, Regulations munity Garden Equitable Real Property Tax port; to the Committee on Government Re- Unit, Internal Revenue Service, transmitting Relief Temporary Act of 2003’’ received form. the Service’s final rule — Civil Cause of Ac- March 28, 2003, pursuant to D.C. Code section 1590. A letter from the Special Counsel, Of- tion for Damages Caused by Unlawful Tax 1—233(c)(1); to the Committee on Govern- fice of Special Counsel, transmitting the Collection Actions, Including Actions Taken ment Reform. Counsel’s FY 2002 reports for the Federal in Violation of Section 362 or 524 of the 1576. A letter from the Chairman, Council Managers’ Finacial IntegrityAct and the In- Bankruptcy Code [TD 9050] (RIN: 1545-AY08) of the District of Columbia, transmitting a spector General Act, pursuant to 31 U.S.C. received March 26, 2003, pursuant to 5 U.S.C. copy of D.C. ACT 15-31, ‘‘Housing Notice 3512(c)(3)and 5 app. Public Law 100—504; to 801(a)(1)(A); to the Committee on Ways and Temporary Amendment Act of 2003’’ received the Committee on Government Reform. Means. March 28, 2003, pursuant to D.C. Code section 1591. A letter from the Commissioner, So- 1602. A letter from the Chief, Regulations 1—233(c)(1); to the Committee on Govern- cial Security Administration, transmitting Unit, Internal Revenue Service, transmitting ment Reform. the annual inventory of commercial activi- the Service’s final rule — Appeals Coordi- 1577. A letter from the Chairman, Council ties as required by Public Law 105-270; to the nated Issue Sections 302/318 Basis Shifting of the District of Columbia, transmitting a Committee on Government Reform. Issue — received March 26, 2003, pursuant to copy of D.C. ACT 15-30, ‘‘Marvin Caplan Me- 1592. A letter from the Clerk, United States 5 U.S.C. 801(a)(1)(A); to the Committee on morial Designation Act of 2003’’ received Court of Appeals, transmitting an opinion of Ways and Means. March 28, 2003, pursuant to D.C. Code section the court, No. 01-5356 — Wisconsin Project on 1603. A letter from the Chief, Regulations 1—233(c)(1); to the Committee on Govern- Nuclear Arms Control v. United States De- Unit, Internal Revenue Service, transmitting ment Reform. partment of Commerce (January 31, 2003); to the Service’s final rule — Capital Expendi- 1578. A letter from the Chairman, Council the Committee on Government Reform. tures (Rev. Rul. 2003-37) received March 26, of the District of Columbia, transmitting a 1593. A letter from the Secretary, Depart- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the copy of D.C. ACT 15-29, ‘‘Closing of a Public ment of the Interior, transmitting a report Committee on Ways and Means. Alley in Square 341, S.O. 02-4058, Act of 2003’’ on the Operations of Glen Canyon Dam pur- 1604. A letter from the Chief, Regulations received March 28, 2003, pursuant to D.C. suant to the Grand Canyon Protection Act of Unit, Internal Revenue Service, transmitting Code section 1—233(c)(1); to the Committee 1992 (Water Years 1999-2001); to the Com- the Service’s final rule — Certain Transfers on Government Reform. mittee on Resources. of Property to Regulated Investment Compa- 1579. A letter from the Chairman, Council 1594. A letter from the Assistant Adminis- nies [RICs] and Real Estate Investment of the District of Columbia, transmitting a trator for Fisheries, NMFS, National Oce- Trusts [REITs] [TD 9047] (RIN: 1545-BA36 and copy of D.C. ACT 15-28, ‘‘William H. Rumsey, anic and Atmospheric Administration, trans- 1545-AW92) received March 24, 2003, pursuant Sr. Aquatic Center Designation Act of 2003’’ mitting the Administration’s final rule — to 5 U.S.C. 801(a)(1)(A); to the Committee on received March 28, 2003, pursuant to D.C. Magnuson-Stevens Act Provisions; Fisheries Ways and Means. Code section 1—233(c)(1); to the Committee off West Coast States and in the Western Pa- 1605. A letter from the Chief, Regulations on Government Reform. cific; Pacific Coast Groundfish Fishery; An- Unit, Internal Revenue Service, transmitting 1580. A letter from the Chairman, Con- nual Specifications and Management Meas- the Service’s final rule — Examination of re- sumer Product Safety Commission, trans- ures [Docket No. 021209300-3048-02; I.D. turns and claims for refund, credit, or abate- mitting the Fiscal Year 2002 Annual Pro- 112502C] (RIN: 0648-AQ18) received March 25, ment; determination of correct tax liability gram Performance Report; to the Committee 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the (Rev. Proc. 2003-26) received March 24, 2003, on Government Reform. Committee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1581. A letter from the Director of Benefits 1595. A letter from the Regulations Coordi- mittee on Ways and Means. and Plan Administrator, CoBank, transmit- nator, Department of Health and Human 1606. A letter from the Chief, Regulations ting the CoBank, ACB Retirement Plan for Services, transmitting the Department’s Unit, Internal Revenue Service, transmitting the year ending December 31, 2001, pursuant final rule — Administrative Wage Garnish- the Service’s final rule — Determination of to 31 U.S.C. 9503(a)(1)(B); to the Committee ment (RIN: 0990-AA05) received March 28, Issue Price in the Case of Certain Debt In- on Government Reform. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the struments Issued for Property (Rev. Rul. 1582. A letter from the Chair, Federal Elec- Committee on the Judiciary. 2003-35) received March 24, 2003, pursuant to 5 tion Commission, transmitting the report in 1596. A letter from the Assistant Secretary U.S.C. 801(a)(1)(A); to the Committee on compliance with the Federal Managers Fi- of Labor for Mine Safety and Health, Depart- Ways and Means. nancial Integrity Act, pursuant to 31 U.S.C. ment of Labor, transmitting the Depart- 1607. A letter from the Chief, Regulations 3512(c)(3); to the Committee on Government ment’s final rule — Criteria and Procedures Unit, Internal Revenue Service, transmitting Reform. for Proposed Assessment of Civil Penalties the Service’s final rule — Amendments to 1583. A letter from the President, Federal (RIN: 1219-AB32) received March 25, 2003, pur- Rules for Determination of Basis of Part- Financing Bank, transmitting the Annual suant to 5 U.S.C. 801(a)(1)(A); to the Com- ner’s Interest; Special Rules [TD 9049] (RIN: Management Report of the Federal Financ- mittee on the Judiciary. 1545-BA50) received March 24, 2003, pursuant ing Bank for fiscal year 2002, pursuant to 31 1597. A letter from the Clerk, United States to 5 U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 9106; to the Committee on Govern- Court of Appeals, transmitting an opinion of Ways and Means. ment Reform. the court, No. 01-7115 — Empagran S.A., et 1608. A letter from the Chief, Regulations 1584. A letter from the Director, Financial al. v. F. Hoffman — Laroche, Ltd., et al. Unit, Internal Revenue Service, transmitting Management, General Accounting Office, (January 17, 2003); to the Committee on the the Service’s final rule — 2003 Calendar Year transmitting the FY 2002 annual report of Judiciary. Resident Population Estimates [Notice 2003- the Comptroller General’s Retirement Sys- 1598. A letter from the Chief, Regulations 16] received March 24, 2003, pursuant to 5 tem, pursuant to 31 U.S.C. 9503(a)(1)(B); to and Administrative Law, USCG, Department U.S.C. 801(a)(1)(A); to the Committee on the Committee on Government Reform. of Tansportation, transmitting the Depart- Ways and Means. 1585. A letter from the Chairman, Merit ment’s final rule — Safety Zone Regulations; 1609. A letter from the Chief, Regulations Systems Protection Board, transmitting the Atlantic Intracoastal Waterway, MM 758, St. Unit, Internal Revenue Service, transmitting Board’s FY 2002 performance report; to the Johns County, FL [COTP Jacksonville 02-106] the Service’s final rule — Weighted Average Committee on Government Reform. (RIN: 2115-AA97) received February 27, 2003, Interest Rate Update [Notice 2003-17] re- 1586. A letter from the Chairman, Merit pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived March 24, 2003, pursuant to 5 U.S.C. Systems Protection Board, transmitting the mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Ways and Board’s FY 2003 (Revised Final) and FY 2004 ture. Means. (Final) Performance Plan; to the Committee 1599. A letter from the Attorney, Research 1610. A letter from the Secretary, Depart- on Government Reform. and Special Programs Administration, ment of Energy, transmitting a report re- 1587. A letter from the Acting Chairman, Derpartment of Transportation, transmit- garding programs for the protection, control National Endowment For The Arts, trans- ting the Department’s final rule — Haz- and accounting of fissle materials in the mitting the Strategic Plan for FY 2003-2008, ardous Materials: Availability of Informa- countries of the Former Soviet Union first the FY 2004 Performance Plan; and the FY tion for Hazardous Materials Transported by half of FY 2002, pursuant to 22 U.S.C. 5952 1999-2002 Performance Reports; to the Com- Aircraft [Docket No. RSPA-00-7762 (HM- note; jointly to the Committees on Armed mittee on Government Reform. 206C)] (RIN: 2137-AD29) received March 25, Services and International Relations. 1588. A letter from the Director, Office of 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1611. A letter from the Regulations Coordi- Federal Housing Enterprise Oversight, trans- Committee on Transportation and Infra- nator, Department of Health and Human mitting report that the standards of reason- structure. Services, transmitting the Department’s able assurance pertaining to internal man- 1600. A letter from the Administrator, Gen- final rule — Medicare Program; Update of agement controls during FY 2002 as required eral Services Administration, transmitting Ambulatory Surgical Center List of Covered

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Procedures Effective July 1, 2003 [CMS-1885- DAVIS of Illinois, Mr. CASE, Mr. come any enlistment, accession, reenlist- FC] (RIN: 0938-AM02) received March 28, 2003, STARK, Ms. WOOLSEY, Mr. MCGOVERN, ment, or retention bonus paid to a member pursuant to 5 U.S.C. 801(a)(1)(A); jointly to Ms. EDDIE BERNICE JOHNSON of Texas, of the Armed Forces; to the Committee on the Committees on Energy and Commerce Mr. MEEK of Florida, Mr. SANDERS, Ways and Means. and Ways and Means. Mrs. JONES of Ohio, and Ms. MCCOL- By Mr. KING of New York (for himself, 1612. A letter from the Secretary, Depart- LUM): Mr. FARR, Mr. CARSON of Oklahoma, ment of Health and Human Services, trans- H.R. 1510. A bill to amend the Help Amer- Mr. MCHUGH, Mr. ROHRABACHER, Ms. mitting a draft bill entitled the ‘‘Project ica Vote Act of 2002 to require States to per- LINDA T. SANCHEZ of California, Mr. BioShield Act of 2003’’; jointly to the Com- mit individuals to register to vote at polling DEAL of Georgia, Mr. ORTIZ, Mr. mittees on Energy and Commerce, Govern- places on the date of an election, to cast bal- CARDOZA, Mr. FROST, Mr. BARTLETT ment Reform, the Judiciary, Armed Serv- lots at designated polling places prior to the of Maryland, Mr. DOOLEY of Cali- ices, and Transportation and Infrastructure. date of an election, and to obtain absentee fornia, Mr. ISSA, Mr. LANTOS, and Mr. ballots for an election for any reason, and for f GREEN of Texas): other purposes; to the Committee on House H.R. 1519. A bill to amend the Immigration REPORTS OF COMMITTEES ON Administration, and in addition to the Com- and Nationality Act to reauthorize the State PUBLIC BILLS AND RESOLUTIONS mittees on Government Reform, and Edu- Criminal Alien Assistance Program; to the cation and the Workforce, for a period to be Committee on the Judiciary. Under clause 2 of rule XIII, reports of subsequently determined by the Speaker, in By Mr. MURTHA: committees were delivered to the Clerk each case for consideration of such provi- H.R. 1520. A bill to amend the National for printing and reference to the proper sions as fall within the jurisdiction of the Trails System Act to designate the historic calendar, as follows: committee concerned. transportation routes in the States of Penn- By Ms. GINNY BROWN-WAITE of Flor- sylvania, Maryland, West Virginia, and Ohio Mr. TOM DAVIS of Virginia: Committee on ida (for herself, Mrs. MALONEY, Mr. that led to the forks of the Ohio River in Government Reform. Report on Oversight OXLEY, Mr. BAKER, Mr. THOMAS, Mr. Pittsburgh, Pennsylvania, for study for po- Plans for All House Committees (Rept. 108– KING of New York, Mr. TAYLOR of tential addition to the National Trails Sys- 52). Referred to the Committee of the Whole North Carolina, Mr. JONES of North tem; to the Committee on Resources. House on the State of the Union. Carolina, Mr. BRADLEY of New Hamp- By Mr. MURTHA: Mr. OXLEY: Committee on Financial Serv- shire, Mr. BURR, and Mr. GIBBONS): H.R. 1521. A bill to provide for additional ices. H.R. 758. A bill to allow all businesses H.R. 1511. A bill to award a congressional lands to be included within the boundary of to make up to 24 transfers each month from gold medal to Prime Minister Tony Blair; to the Johnstown Flood National Memorial in interest-bearing transaction accounts to the Committee on Financial Services. the State of Pennsylvania, and for other pur- other transaction accounts, to require the By Mr. CAMP (for himself and Mr. poses; to the Committee on Resources. payment of interest on reserves held for de- LEVIN): By Mr. NETHERCUTT: pository institutions at Federal reserve H.R. 1512. A bill to amend the Internal Rev- H.R. 1522. A bill to amend the Internal Rev- banks, and for other purposes; with an enue Code of 1986 to provide that certain enue Code of 1986 to exclude from gross in- amendment (Rept. 108–53). Referred to the bonds issued by local governments in connec- come loan payments received under the Na- Committee of the Whole House on the State tion with delinquent real property taxes may tional Health Service Corps Loan Repayment be treated as tax exempt; to the Committee of the Union. Program established in the Public Health on Ways and Means. f Service Act; to the Committee on Ways and By Mr. COLLINS (for himself, Mr. Means. HULSHOF, Mr. HERGER, and Mr. BOS- TIME LIMITATION OF REFERRED By Mr. RYAN of Wisconsin (for himself WELL): BILL ARDIN): H.R. 1513. A bill to amend the Internal Rev- and Mr. C H.R. 1523. A bill to amend the Internal Rev- Pursuant to clause 2 of rule XII the enue Code of 1986 to allow a credit against enue Code of 1986 to provide for collegiate following action was taken by the income tax for taxpayers owning certain housing and infrastructure grants; to the commercial power takeoff vehicles; to the Speaker: Committee on Ways and Means. Committee on Ways and Means. [Omitted from the Record of March 27, 2003] By Ms. SLAUGHTER: By Mr. ENGLISH: H.R. 1524. A bill to authorize the Secretary H.R. 21. Referral to the Committee on the H.R. 1514. A bill to amend the Internal Rev- of the Interior to establish a commemorative Judiciary extended for a period ending not enue Code of 1986 to reduce for individuals later than May 16, 2003. the maximum rate of tax on unrecaptured trail in connection with the Women’s Rights National Historical Park to link properties [The following action occurred on March 28, section 1250 gain from 25 percent to 20 per- that are historically and thematically asso- 2003] cent; to the Committee on Ways and Means. ciated with the struggle for women’s suf- H.R. 1000. Referral to the Committee on By Mr. FLAKE: H.R. 1515. A bill to provide for reimburse- frage, and for other purposes; to the Com- Ways and Means extended for a period ending mittee on Resources. not later than May 9, 2003. ment for unreimbursed costs of emergency medical care for aliens paroled into the By Mr. WU: f United States for medical reasons; to the H.R. 1525. A bill to authorize the Secretary of the Interior, acting through the Bureau of PUBLIC BILLS AND RESOLUTIONS Committee on Energy and Commerce. By Mr. GERLACH (for himself and Mr. Reclamation, to conduct a feasibility study Under clause 2 of rule XII, public HOEFFEL): of the Tualatin River Basin in Oregon; to the bills and resolutions were introduced H.R. 1516. A bill to direct the Secretary of Committee on Resources. By Mr. FOLEY (for himself, Mr. JONES and severally referred, as follows: Veterans Affairs to establish a national cem- etery for veterans in southeastern Pennsyl- of North Carolina, Mr. BALLENGER, By Mr. CONYERS (for himself, Mr. vania; to the Committee on Veterans’ Af- Ms. GINNY BROWN-WAITE of Florida, CUMMINGS, Mr. WU, Mr. RODRIGUEZ, fairs. Mr. GOODE, Mr. DOOLITTLE, Mr. Mr. RANGEL, Mr. MCGOVERN, Mr. By Mr. GRAVES (for himself, Mr. SHAYS, Mr. BEREUTER, Mr. DEAL of FROST, Ms. KILPATRICK, Ms. WOOL- STEARNS, Mr. BARTLETT of Maryland, Georgia, and Mr. NORWOOD): SEY, Ms. CARSON of Indiana, Ms. KAP- Mr. GIBBONS, Mr. OTTER, Mr. THORN- H.J. Res. 44. A joint resolution proposing TUR, and Mr. DAVIS of Illinois): BERRY, and Mr. CANNON): an amendment to the Constitution of the H.R. 1508. A bill to treat the Tuesday next H.R. 1517. A bill to amend the Land and United States to provide that no person born after the first Monday in November in the Water Conservation Fund to limit the use of in the United States will be a United States same manner as November 11 for purposes of funds available from the Land and Water citizen unless a parent is a United States cit- Federal employment, and for other purposes; Conservation Fund Act of 1965 to use for izen, or is lawfully admitted for permanent to the Committee on Government Reform. maintenance; to the Committee on Re- residence in the United States, at the time of By Mr. TOM DAVIS of Virginia (for sources, and in addition to the Committee on the birth; to the Committee on the Judici- himself and Mr. WOLF): Agriculture, for a period to be subsequently ary. H.R. 1509. A bill to make clear that a per- determined by the Speaker, in each case for By Mrs. MALONEY (for herself, Mr. son who voluntarily separates from the Fed- consideration of such provisions as fall with- LEWIS of Georgia, Mr. GEPHARDT, Mr. eral civil service does not remain subject to in the jurisdiction of the committee con- CROWLEY, Mr. NADLER, Mr. FRANK of the enforcement provisions of subchapter III cerned. Massachusetts, Mr. OWENS, Ms. LEE, of chapter 73 of title 5, United States Code, By Mr. HOSTETTLER (for himself, Mr. Ms. WOOLSEY, Ms. EDDIE BERNICE and for other purposes; to the Committee on BARTLETT of Maryland, Mr. MILLER JOHNSON of Texas, Mr. KUCINICH, Ms. Government Reform. of Florida, Mr. JONES of North Caro- LOFGREN, Ms. JACKSON-LEE of Texas, By Mr. HASTINGS of Florida (for him- lina, Mr. SCHROCK, Mr. GINGREY, Mr. Ms. WATSON, and Ms. NORTON): self, Mr. WYNN, Ms. JACKSON-LEE of TAYLOR of North Carolina, and Mr. H. Con. Res. 130. Concurrent resolution ex- Texas, Ms. CORRINE BROWN of Flor- BURGESS): pressing the sense of the Congress that nei- ida, Mr. FRANK of Massachusetts, Ms. H.R. 1518. A bill to amend the Internal Rev- ther the President, the Vice President, nor NORTON, Mr. OWENS, Ms. LEE, Mr. enue Code of 1986 to exclude from gross in- any Member of Congress, justice or judge of

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the United States, or political appointee in H.R. 315: Mr. SHAYS. H.R. 1235: Mr. DOOLITTLE. the executive branch of the Government H.R. 336: Mr. HAYWORTH and Mr. SOUDER. H.R. 1264: Mr. DAVIS of Alabama. should belong to a club that discriminates on H.R. 391: Mr. COLE, Mr. SULLIVAN, Mr. TOM H.R. 1294: Mrs. DAVIS of California, Ms. the basis of sex or race; to the Committee on DAVIS of Virginia, and Mr. CRENSHAW. SOLIS, Ms. MCCOLLUM, Mr. CARDOZA, Ms. Government Reform, and in addition to the H.R. 442: Ms. CARSON of Indiana and Mr. ESHOO, and Mr. BLUMENAUER. Committees on House Administration, and JACKSON of Illinois. H.R. 1301: Mr. MCINNIS and Mr. RAHALL. the Judiciary, for a period to be subse- H.R. 466: Mr. KIRK and Mr. RYAN of Ohio. H.R. 1304: Mr. MATSUI. quently determined by the Speaker, in each H.R. 502: Mr. JONES of North Carolina and H.R. 1311: Mr. BLUNT, Mr. SCHIFF, Mr. case for consideration of such provisions as Mr. STEARNS. BOOZMAN, and Mr. STUPAK. H.R. 527: Mr. BISHOP of Georgia. fall within the jurisdiction of the committee H.R. 1336: Mr. WELLER, Mr. GARY G. MIL- H.R. 543: Mr. MCGOVERN and Mr. SOUDER. concerned. LER of California, Mr. SANDLIN, and Mr. H.R. 596: Mr. PAUL. By Ms. NORTON: ABERCROMBIE. H.R. 678: Mr. JOHN, Mr. JEFFERSON, and Mr. H. Con. Res. 131. Concurrent resolution ex- H.R. 1345: Mr. HINCHEY, Mr. MCGOVERN, Mr. FORD. pressing the sense of the Congress that stu- EVANS, and Ms. BERKLEY. H.R. 684: Mr. GARY G. MILLER of California, dent travel is a vital component of the edu- H.R. 1348: Ms. KAPTUR, Mr. PALLONE, and Mr. BURTON of Indiana, Mr. HAYWORTH, Mr. cational process; to the Committee on Edu- Mr. WYNN. TIBERI, Mr. SHAYS, and Mrs. NORTHUP. cation and the Workforce. ONYERS RADY H.R. 685: Mr. CASE, Ms. LINDA T. SANCHEZ, H.R. 1357: Mr. C , Mr. B of By Mr. ROGERS of Michigan: Pennsylvania, Mr. JACKSON of Illinois, Mr. H. Con. Res. 132. Concurrent resolution of California, and Ms. CARSON of Indiana. H.R. 687: Mr. JENKINS, Mr. COBLE, Mrs. CLAY, Ms. JACKSON-LEE of Texas, Mr. calling upon all United States citizens to BLACKBURN, and Mr. DUNCAN. MCGOVERN, Ms. SOLIS, Mr. PALLONE, Ms. support the efforts and activities of the Na- H.R. 765: Mr. PAUL. NORTON, Ms. MILLENDER-MCDONALD, Mrs. tional SAFE KIDS Campaign to prevent un- H.R. 768: Mr. PAYNE. JONES of Ohio, and Ms. BORDALLO. intentional childhood injuries; to the Com- H.R. 769: Mr. HONDA. H.R. 1358: Mr. WEINER, Mr. CROWLEY, and mittee on Energy and Commerce. H.R. 785: Mrs. NORTHUP and Mr. HOEKSTRA. Ms. ROS-LEHTINEN. IL By Mr. BACA (for himself and Mr. K - H.R. 802: Mr. WEXLER. H.R. 1359: Mr. GEORGE MILLER of California DEE): H.R. 803: Mr. WICKER. and Mr. ACKERMAN. H. Res. 167. A resolution recognizing and H.R. 810: Mrs. MCCARTHY of New York, Mrs. H.R. 1389: Mr. GRIJALVA, Mr. MCHUGH, and honoring the achievements and contribu- CUBIN, Mr. TOOMEY, Mrs. MALONEY, Mr. ROG- Ms. GINNY BROWN-WAITE of Florida. tions of Native Americans to the United ERS of Michigan, Mr. WYNN, Mr. KENNEDY of H.R. 1421: Mr. HAYWORTH. States and urging the establishment and ob- Minnesota, and Mr. DAVIS of Florida. H.R. 1429: Mr. PALLONE, Ms. NORTON, and servation of a paid legal public holiday in H.R. 813: Mr. BROWN of Ohio. Ms. WATERS. honor of Native Americans; to the Com- H.R. 847: Ms. JACKSON-LEE of Texas. H.R. 1466: Mr. TIERNEY, Mr. FROST, MR. mittee on Resources. H.R. 854: Mr. CROWLEY. DAVIS of Alabama, Mr. BISHOP of Georgia, f H.R. 858: Mr. PASTOR. and Ms. GRANGER. H.R. 872: Mr. PENCE and Mr. FRANKS of Ari- PRIVATE BILLS AND H.R. 1470: Mr. MCINTYRE, Mr. ISRAEL, Ms. zona. SCHAKOWSKY, and Mr. FORD. RESOLUTIONS H.R. 879: Mrs. BLACKBURN and Mrs. JONES H.R. 1472: Mr. ACKERMAN. Under clause 3 of rule XII, of Ohio. H.R. 1478: Mr. CALVERT and Mr. OLVER. H.R. 936: Ms. ESHOO. Mr. KANJORSKI introduced a bill (H.R. H.R. 1492: Mr. RENZI. H.R. 941: Mr. UPTON. H.R. 1494: Mr. WOLF. 1526) for the relief of Charmaine Bieda; which H.R. 953: Mr. CRAMER, Mr. LANTOS, Ms. was referred to the Committee on the Judici- H.J. Res. 24: Mr. FRANK of Massachusetts, HARMAN, and Mr. ISAKSON. Mr. UDALL of Colorado, and Mr. DOGGETT. ary. H.R. 954: Mr. MCINTYRE. H. Con. Res. 30: Mr. MEEK of Florida. f H.R. 967: Mr. DAVIS of Tennessee, Ms. H. Con. Res. 50: Mr. SOUDER, Mr. BAKER, BERKLEY, and Mr. PRICE of North Carolina. ADDITIONAL SPONSORS and Ms. GINNY BROWN-WAITE of Florida. H.R. 976: Mr. DOYLE. H. Con. Res. 56: Mr. WEINER, Mr. HOLDEN, H.R. 979: Mr. RANGEL and Ms. ROYBAL-AL- Under clause 7 of rule XII, sponsors and Ms. BERKLEY. LARD. were added to public bills and resolu- H. Con. Res. 78: Ms. MCCOLLUM, Mrs. H.R. 983: Mr. REYNOLDS, Mr. RAMSTAD, and tions as follows: MALONEY, Mr. DAVIS of Alabama, and Mr. Mr. MCHUGH. BISHOP of Georgia. H.R. 20: Mr. SHERMAN, Ms. LEE, Mr. H.R. 996: Mr. ISAKSON, Mr. MCCRERY, Mrs. H. Con. Res. 80: Mr. HYDE. TIERNEY, and Mr. WYNN. KELLY, Mr. KANJORSKI, Mr. TERRY, Mr. H. Con. Res. 82: Mr. VITTER, Mr. SESSIONS, H.R. 25: Mr. SHADEGG, Mr. GINGREY, Mr. LUCAS of Kentucky, Mr. SESSIONS, Mr. Mr. BURTON of Indiana, and Mr. BEAUPREZ. BURNS, and Mr. CARTER. BAKER, Mr. SHERMAN, and Mr. SPRATT. H. Con. Res. 98: Mr. SIMMONS, Mr. ROSS, H.R. 44: Mr. FEENEY. H.R. 1043: Mr. BISHOP of Georgia. INOJOSA OX H.R. 49: Mr. PETERSON of Pennsylvania, Mr. H.R. 1049: Mrs. JO ANN DAVIS of Virginia. Mr. H , and Mr. C . LINCOLN DIAZ-BALART of Florida, Mr. BROWN H.R. 1061: Mr. STUPAK. H. Con. Res. 109: Mr. PASTOR, Mr. of South Carolina, Mr. TOOMEY, Ms. H.R. 1077: Ms. BERKLEY, Mr. MCDERMOTT. HAYWORTH, and Mr. SKELTON. BORDALLO, Mr. HAYWORTH, and Mr. OXLEY. H.R. 1096: Mrs. DAVIS of California. H. Con. Res. 111: Mr. RAHALL and Mr. ABER- H.R. 50: Mrs. MUSGRAVE. H.R. 1102: Mr. HASTINGS of Florida, Mr. CROMBIE. H.R. 51: Mr. FEENEY. SCOTT of Virginia, and Mr. CARDOZA. H. Con. Res. 126: Mr. HERGER, Mr. BISHOP of H.R. 52: Mr. POMBO and Mr. POMEROY. H.R. 1103: Mr. STENHOLM. Utah, Mr. TANCREDO, and Mr. DOOLITTLE. H.R. 63: Mr. HAYWORTH. H.R. 1133: Mr. ENGLISH, Mrs. JONES of Ohio, H. Res. 32: Mr. BISHOP of Georgia, Ms. H.R. 64: Mr. HULSHOF. Mr. FALEOMAVAEGA, Mr. RANGEL, and Mr. MCCARTHY of Missouri, and Mr. SMITH of H.R. 117: Mr. BARTON of Texas. NEY. Washington. H.R. 208: Mr. MILLER of North Carolina. H.R. 1157: Ms. SLAUGHTER. H. Res. 60: Mr. STEARNS, Mr. CAPUANO, Mr. H.R. 217: Mr. CANNON. H.R. 1166: Mr. MATSUI and Mr. YOUNG of PLATTS, Mr. NEAL of Massachusetts, Mr. H.R. 221: Mr. SHERMAN and Mr. DAVIS of Il- Alaska. FLETCHER, and Mr. MCHUGH. linois. H.R. 1168: Ms. BALDWIN, Mr. BALLANCE, Mr. H. Res. 137: Mrs. NAPOLITANO, Ms. CARSON H.R. 236: Mr. SCHIFF, Mr. DAVIS of Ten- BISHOP of Georgia, Ms. CORRINE BROWN of of Indiana, Ms. LOFGREN, Mr. WEXLER, Mr. nessee, Mr. FALEOMAVAEGA, Ms. BERKLEY, Florida, Ms. GINNY BROWN-WAITE of Florida, DINGELL, Mr. BERMAN, Ms. HOOLEY of Or- Mrs. NAPOLITANO, Mr. DICKS, Ms. VELAZQUEZ, Mr. CAPUANO, Mr. COOPER, Ms. DELAURO, Mr. egon, and Ms. BERKLEY. Mr. MORAN of Virginia, Mr. SHERMAN, Mr. EVANS, Mr. FALEOMAVAEGA, Mr. GARRETT of H. Res. 166: Mr. ROYCE, Mr. HOUGHTON, Mr. DEUTSCH, Mr. GEPHARDT, Mr. KANJORSKI, and New Jersey, Mr. GREEN of Texas, Mr. LEACH, and Mr. FLAKE. Mr. KILDEE. GRIJALVA, Mr. HINCHEY, Mr. HOEFFEL, Mr. H.R. 250: Mr. KILDEE and Ms. WOOLSEY. HOLT, Mr. KOLBE, Mr. KUCINICH, Ms. LEE, Ms. f H.R. 262: Mr. BROWN of South Carolina. LOFGREN, Mr. LUCAS of Kentucky, Ms. H.R. 276: Mr. NEY, Mr. OTTER, and Mrs. MCCOLLUM, Mr. MCNULTY, Mr. MARKEY, Mr. CUBIN. MATHESON, Mr. NEY, Mr. RYUN of Kansas, Mr. DELETIONS OF SPONSORS FROM H.R. 300: Mr. SHAYS. SCHROCK, Mr. SHAYS, Mr. STRICKLAND, and PUBLIC BILLS AND RESOLUTIONS H.R. 303: Mr. DICKS, Ms. WATSON, Mr. Ms. WOOLSEY. Under clause 7 of rule XII, sponsors YOUNG of Florida, Mr. THOMPSON of Cali- H.R. 1191: Mr. MCINTYRE and Mr. HASTINGS were deleted from public bills and reso- fornia, Mr. DEMINT, Mr. MCDERMOTT, Mr. of Florida. JEFFERSON, Mr. CUMMINGS, and Mr. THOMP- H.R. 1214: Mr. FORD, Mr. WALSH, and Mr. lutions as follows: SON of Mississippi. KILDEE. H.R. 1119: Mr. MCDERMOTT.

VerDate Jan 31 2003 03:17 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\L31MR7.100 H31PT1 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, MONDAY, MARCH 31, 2003 No. 51 Senate The Senate met at 3 p.m. and was lic for which it stands, one nation under God, the Tymkovich nomination to be a called to order by the Honorable JOHN indivisible, with liberty and justice for all. U.S. Circuit Judge for the Tenth Cir- E. SUNUNU, a Senator from the State of f cuit. The vote on that nomination will New Hampshire. APPOINTMENT OF ACTING occur sometime on Tuesday upon the The PRESIDING OFFICER. Today’s PRESIDENT PRO TEMPORE use or yielding back of the 6 hours of prayer will be offered by the guest debate. Chaplain, Monsignor Robert Fuhrman, The PRESIDING OFFICER. The Throughout the week, we will con- the Church of St. Gabriel, in Saddle clerk will please read a communication tinue to schedule votes on nomina- River, NJ. to the Senate from the President pro tions, as necessary. I would also expect tempore (Mr. STEVENS). another cloture vote in relation to the The legislative clerk read the fol- PRAYER Estrada nomination this week. In addi- lowing letter: The guest Chaplain offered the fol- tion, we are working on time agree- U.S. SENATE, lowing prayer: ments for the consideration of several PRESIDENT PRO TEMPORE, Let us pray. Washington, DC, March 31, 2003. other important bills, including the God, our Father, the shadow of the To the Senate: CARE Act, the FISA bill—the Foreign Cross falls upon our world as the forces Under the provisions of rule I, paragraph 3, Intelligence Surveillance Act—several of freedom and tyranny collide. In a of the Standing Rules of the Senate, I hereby bills relating to our Armed Forces per- free world, human potential, human appoint the Honorable JOHN E. SUNUNU, a sonnel such as the ‘‘Troops Phone dignity, and the sanctity of life can be Senator from the State of New Hampshire, Home’’ bill, a bill regarding the delay recognized. In tyranny, life is cheap to perform the duties of the Chair. in reservist pay, and a bill relating to TED STEVENS, and living is misery. The tears of peo- President pro tempore. the Survivor Benefit Plan annuities for surviving spouses. ple of good will mingle with the blood Mr. SUNUNU thereupon assumed the Later in the week, when it becomes of those who died or are wounded in the Chair as Acting President pro tempore. pursuit of freedom and security. available, the Senate will begin consid- Therefore, we look to You, our Lord, f eration of the supplemental appropria- to show us the way. Those who live by RECOGNITION OF THE MAJORITY tions bill. We need to pass that bill as the sword—or by the chemical weap- LEADER soon as possible to ensure that the ap- on—have no future in You. Banish from The ACTING PRESIDENT pro tem- propriate resources are made available our midst the threats of those who pore. The majority leader is recog- for the war in Iraq. Members should make themselves enemies of the nized. therefore expect a busy week with roll- United States. call votes each day. f In this great deliberative body of the f Senate of the United States of Amer- SCHEDULE 101ST AIRBORNE, CLARKSVILLE, ica, we beg You for Your peace and wis- Mr. FRIST. Mr. President, today the TN dom. Bless the Senators, their spouses, Senate will be in a period of morning their children, and their staffs. Let business for the next 3 hours, until 6 Mr. FRIST. Mr. President, a little them see the supreme privilege of their p.m. The first hour of morning business later today or tomorrow, I want to service, each in their own way, to the will be devoted to statements regard- share with my colleagues at the appro- people and the Constitution of this ing our brave men and women in the priate time a visit I had with the 101st great land. May this day be productive, Armed Forces. Following those state- Airborne families in Clarksville, TN, and may we all be pleasing to You in ments, there will be additional time for yesterday. I had the opportunity to go what we think and say and do. Senators to give tributes to Senator by and visit with those families, attend Protect us from evil. Give us Your Daniel Patrick Moynihan. church, and to spend the early after- peace and lead us to everlasting life. Under a previous order, at 6 o’clock noon with them and have lunch with Amen. the Senate will proceed to a vote on them. It was a remarkable experience f the confirmation of Theresa Springman for me, Karen my wife, and our son to be a U.S. District Judge for the Jonathan. PLEDGE OF ALLEGIANCE Northern District of Indiana. That will Over 17,000 women and men have been The Honorable JOHN E. SUNUNU led be the only rollcall vote during today’s deployed from that particular post over the Pledge of Allegiance, as follows: session. the last several weeks. Those 17,000 are I pledge allegiance to the Flag of the Tomorrow morning, by previous now in Iraq and Kuwait as part of the United States of America, and to the Repub- agreement, the Senate will consider 101st Airborne air assault team. The

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

S4541

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VerDate Jan 31 2003 02:44 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.000 S31PT1 S4542 CONGRESSIONAL RECORD — SENATE March 31, 2003 pride we as a family felt in them, the of these prisoners or missing persons. in clear violation of international law. stories that they told us, I will be shar- Most certainly, our military—this is We applaud our troops’ bravery, cour- ing with my colleagues over the next something I personally ask in our age, and professionalism. Our prayers several days. But just the lasting im- briefing sessions—is trying to find out are with them and their families in pression I had was this juxtaposition of exactly where these prisoners or miss- this most difficult time. feeling, as we talked to the moms and ing people are located. President Bush has demanded that dads and children, of concern for their They are working through the Red the Iraqis immediately comply with husband or their spouse and, yes, an in- Cross to try to have a Red Cross rep- the Geneva Convention. I urge all of security about their safety, which is resentative see these prisoners just as those who might have information that natural, as we would all feel, but at the the Red Cross representatives are being could be helpful to the Red Cross in same time an optimism, a feeling of able to see the Iraqi prisoners who are getting in to see our prisoners of war being able to contribute to the United being held by the allied forces. So it is to bring that forward. I encourage the States of America and our great de- a tough time for these wonderful peo- Iraqi Government—if there is any mocracy. ple of America who are supporting shred of dignity—to make sure they They were upbeat. They were opti- their loved ones in this very trying abide by the Geneva Convention, just mistic. They were patriotic. And that time for them. as our forces are abiding by it. sort of juxtaposition of feeling was All of us want to be reminded that I know so many in the Senate are something that was a real privilege for there are specific laws, international reaching out in their individual States, me and my family to experience. The laws, called the Geneva Convention, trying to make sure that we touch the one thing they did all say, as we fin- about the treatment of prisoners. Arti- families who are suffering so much. In ished church and went to lunch, was: cle 17 explicitly prohibits inflicting churches throughout my hometown of Make sure, when you go back to Wash- physical or mental torture and any Dallas, they have prayer lists including ington, that you let your colleagues other forms of coercion on prisoners in every person who is connected to a know and let the President of the order to obtain information of any member of that particular parish. United States know how much we ap- kind, including publicizing photo- Those young men and women are being preciate their leadership, their support graphs where they can be recognized. named individually in those prayers. I think all of us are touched. We have for our troops abroad. Let the Presi- Prisoners of war who refuse to answer Texas embedded media. dent know that we are keeping him and questions may not be threatened, in- I close with part of a piece in the San sulted, or exposed to unpleasant or dis- his family in our prayers. Antonio Express that was written by I yield the floor. advantageous treatment of any kind. Article 23 of the Geneva Convention Sig Christenson, their military cor- f prevents a prisoner from being sent to respondent who is embedded with the RESERVATION OF LEADER TIME or detained in areas where they may be 3rd Infantry Division: exposed to the fire of the combat zone, March 25: It was a little after 3 p.m. today The ACTING PRESIDENT pro tem- when the little slice of Iraq that we occupy pore. Under the previous order, the and in no case can prisoners be used as dimmed. leadership time is reserved. human shields. A vicious sandstorm, almost certainly the The Geneva Convention also requires worst one yet for the 3rd Infantry Division f access to the prisoners by officials of troops that have been here for months, swept MORNING BUSINESS the International Committee of the over the sandy plateau we took from 200 or Red Cross. so Iraqi troops this past Sunday. The ACTING PRESIDENT pro tem- We have informed the Iraqi Govern- ‘‘Wow, it’s dark,’’ Airman 1st Class Dan Housely said. pore. Under the previous order, there ment that we intend to treat their pris- will now be a period for the transaction Not to mention surreal. oners with dignity and abide by the Ge- In less time than it takes to watch a rerun of morning business not to extend be- neva Convention. We most certainly of ‘‘The Beverly Hillbillies,’’ the once-over- yond the hour of 6 p.m., with the time are appealing to the Iraqis to let in the cast but relatively clear desert was a swirl- equally divided between the two lead- Red Cross personnel. ing mass of sand. An orange hue descended ers or their designees and with Sen- One of the benefits of the so-called over the landscape, creating a scene resem- bling Viking probe photos of Mars. ators permitted to speak therein for up embedded media is that they are on the to 10 minutes each. Sand gets into everything around here, and scene with our military and are able to especially seems drawn to your sinuses and Under the previous order, the first provide some very candid photos of our ears. Take a ‘‘Baby Wipe bath,’’ as soldiers hour shall be equally divided between troops in action. call it, and you’ll clear out clumps of dirt the Senator from Texas, Mrs. I want to show a few more of the from your ears—day after day. HUTCHISON, and the Senator from Ar- photos. I started some of them last Outside, gale-force winds kick up the kansas, Mrs. LINCOLN, or their des- week. I think these photos really speak sandy floor and turn each fine grain into a weapon. . . . Within an hour, I had a head- ignees. more than a thousand words about The Senator from Texas. ache that pulsated at the back of my skull. what it is to be at the front. We see the It could be worse. f pictures on television, but I wanted to We hold the high ground and have lots of display some of the still pictures show- firepower, but that won’t stop Iraqis loyal to HONORING OUR ARMED FORCES ing how we are treating prisoners of Saddam Hussein. Already we’ve lost a soldier Mrs. HUTCHISON. Mr. President, I war and the people of Iraq as our allied within walking distance of my cot—he was thank our distinguished majority lead- shot dead—and our troops have encountered soldiers are coming upon them. Iraqis wearing American military uniforms er for visiting with the families of our This photo shows a U.S. marine help- close to our camp. troops from the 101st from his State. ing an injured prisoner of war moments If today’s battle for a bridge outside An All of us are personally visiting with after securing the port of Umm Qasr in Najaf is any example, we can expect a deter- families of people who are there, and southern Iraq. It was taken on March mined, fierce resistance all the way to Bagh- particularly in my case, I spent quite a 23 of this year. dad. Iraqi regulars and elite militia driving bit of time talking to the families U.S. Marine LCpl Marcco Ware of Los trucks took on 70-ton M1A1 tanks, coming at whose loved ones are either missing in them again and again. Angeles carries an Iraqi soldier who That kind of fanaticism is cause for my action or are verified prisoners of war. was injured in an attack on Ware’s out- imagination to go wild as I prepare to sleep. There is nothing more rewarding fit on Tuesday, March 26, 2003. This A sandstorm gives perfect cover to infiltra- than talking to these incredible people unit has been attacking LCpl Ware’s tors and snipers out here, and as I worked who are afraid of what might be hap- unit, but he found this injured soldier today I found myself frequently looking out pening. They are, of course, going and is carrying him to safety. my Humvee. It could become a habit. through something that all of us hope I am very proud of the character and Mr. President, I appreciate very we will never have to go through, but courage of our forces and the way they much Senator LINCOLN from Arkansas they are very strong. They trust that are treating those who are in their sharing this hour with me, and the rest we are doing everything possible to in- care. At the same time, we have seen of the hour on our side will be managed form them, to find out the whereabouts our soldiers paraded on Iraqi television by Senator THOMAS of Wyoming.

VerDate Jan 31 2003 00:58 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.004 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4543 I yield the floor. His was a display of courage and cer- but I am happy to report that although The ACTING PRESIDENT pro tem- tainly dedication to his fellow man. I Jason had been wounded, he is safe and pore. The Senator from Arkansas is have with me today a story about Mi- secure at a military hospital in Ger- recognized. chael Johnson that was published in many with relatively minor wounds to Mrs. LINCOLN. Mr. President, I com- yesterday’s Washington Post, a story his arm and his hand. He is expected to pliment my colleague from Texas. She that gives us a glimpse of the kind of recover fully from his injuries and and I have embarked on this oppor- man he was. The story details a num- may, in fact, return to the battlefield tunity to really highlight a tribute to ber of Michael’s qualities as remem- upon his recovery. That is yet to be de- our troops. I am honored to share the bered by those who really knew him termined. responsibility with her, and I am cer- the best—his energy, his intelligence, I have to share what I felt when I got tainly appreciative of all the stories his compassion, and his generosity. an e-mail that said Jason had been she brings to light as we do highlight These were the qualities that spurred wounded. We did not know how he was. and pay tribute to our troops. It is him to volunteer for an assignment in All we knew is he was in a field hos- really a forum for all of us to share in the Middle East because he wanted to pital probably about to undergo sur- saluting the efforts of our men and be there to help his brothers when they gery. I knew that I was going to have women in uniform, and also to remind went into battle. to call his mother, Carolyn, whom I one another that as we lift up our pray- I ask unanimous consent that this knew and who had come up with Jason ers and thoughts for the families of our Washington Post profile of Michael to help him pack for his departure. constituencies that have men, women, Johnson be printed in the RECORD fol- I thought about how she must feel. I and family members who are fighting lowing my remarks. thought to myself: Here I am with twin in the Middle East in this conflict, we The PRESIDING OFFICER. Without boys almost 7 years old. Sometimes I can also lift up our thoughts and pray- objection, it is so ordered. even have a twinge of, I do not know, ers for one another’s constituents. It is (See exhibit 1.) guilt, or certainly just distance when not just the people from Arkansas I Mrs. LINCOLN. I thank the Chair. my children go for a sleepover, and can lift up my prayers for but all the Mr. President, as his father, Michael here this woman had sent her son service men and women, so that they Vann Johnson, Sr., said last week: across the sea to a land unknown to know in return it is not just their Sen- He died for the freedom that we have, the him and to her. How she must feel to ators but our whole body having freedom that each of us loves. have gotten word that he had been in- thoughts and prayers for the men and A beautiful sentiment and a fitting jured but she did not know how badly, women who are so gallantly defending tribute to a young man who made the she did not know where he was, she did our freedoms in a land so far away. ultimate sacrifice to make this world a not know who was caring for him. I called her, and she was remarkably When we kicked this off last week, safer place for all of us. steady. She, too, had gotten an e-mail we really hoped to have daily contribu- I know my colleagues join me in from Jason just a couple of weeks ago tions from our colleagues paying trib- sending out our deepest condolences to where he had lifted up a prayer for her, ute to our Armed Forces and to those Michael’s family, friends, and loved just like the e-mail he had sent me: among our own constituents who are ones, particularly his parents and his Dear Senator, I want you to know how sacrificing in the liberation of Iraq and wife Cherice, in this very difficult I am doing. I have wonderful men that other operations. I speak for myself time. I am traveling with and who I will be and, I am sure, Senator HUTCHISON As I mentioned earlier, it is so impor- fighting with, and I want to lift up a when I say the response has been over- tant for us collectively, as a body, to lift up our prayers for each and every prayer for you. I want to lift up a pray- whelming. We appreciate the contribu- er for you and for my friends in the of- man and woman serving this country tions made by our colleagues and oth- fice. in conflict right now. So I ask all of my ers who have brought stories to the This was a young man not worried floor. We thank our colleagues for their colleagues to keep his family in their about himself but about others. participation and encourage all of prayers. When I spoke with Carolyn, she was them to continue to bring forth those I would also like to recognize today remarkably steady, and through the stories so that we all might share with LCpl James Smedley of the U.S. Ma- course of the day, we received another one another the experiences we are rine Corps. Prior to being deployed to e-mail saying that he was doing OK, we having in our own offices, particularly Iraq, Jason was assigned to the 4th knew where he was, and that he was with our own constituents. Civil Affairs Group here in Washington, going to be all right. I heard the sigh of Today I want to briefly speak about DC. He was also enrolled as a student a comforted mother who had gotten two of my constituents from Arkansas, at Howard University. And if all of word that everything was OK for the both of whom were called to serve in that is not enough to keep a young time being. What small way I could Iraq. man busy at his age, he was also a val- identify with that, I lifted up my sigh, The first is Hospital Corpsman Mi- uable full-time member of my personal too. chael Vann Johnson, Jr, a 25-year-old staff here in my Washington office. Along with Jason’s families and Navy medic and Little Rock native In January, Jason was deployed to friends, I wish to say I am deeply proud who was serving in the 3rd Battalion of Iraq. He was called up on a Tuesday, of his valiant service, and we all look the 5th Marine Expeditionary Force. and he left on that following Friday. forward to him returning home in good On Tuesday of last week, Michael Some of my colleagues may recall that health as soon as possible. was the first Arkansas serviceman re- Jason accompanied me here one morn- Jason Smedley, a young marine ported to die in action, as well as the ing before his departure so that I could wounded in action, and Michael John- first Navy casualty, when he was hit by recognize his service on the Senate son, a Navy corpsman killed as he shrapnel from an exploding grenade. At floor. He is a very handsome young bravely sacrificed to help others— that time, Michael was tending to an- man, full of energy, excitement, and these, Mr. President, are the human other wounded soldier, placing himself dedication not only to his country but faces of the war to liberate Iraq. We in harm’s way in order to minister to to his fellow man and to his Creator. will not forget their courage and com- the needs of others. He is the epitome of what we think of mitment, and it is in their honor that His was a display of incredible cour- in the youth of America: young people the brave men and women of our age and a testament to our troops’ who are excited about what they can Armed Forces, in conjunction with the dedication to their brothers and sisters contribute, who they can become, and troops of our allies, will move forward in battle. what they can do for others. with their mission to liberate Iraq Oftentimes we do not really think On Friday morning, we received news from the brutal regime of Saddam Hus- about the camaraderie and the dedica- that Jason had been wounded in com- sein and destroy Saddam Hussein’s tion these men and women in uniform bat and was being transported to a weapons of mass destruction. The sac- have with one another, but it is a tre- field hospital. For several hours that rifices of these young men and women mendous sacrifice they make on behalf morning, we were uncertain as to the will be well honored when this mission of one another. extent of the injuries he had suffered, is complete.

VerDate Jan 31 2003 00:58 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.007 S31PT1 S4544 CONGRESSIONAL RECORD — SENATE March 31, 2003 Mr. President, I wish to touch on one I thank all of my colleagues who join he enrolled at the University of Central Ar- other item. I mentioned the e-mails. us in this effort, and in the coming kansas, commuting the 45 minutes north to Many of our offices are getting e-mails days I look forward to the ways we can Conway, Ark. He hoped to enter classes that and letters. I have recently received honor our troops. I do, again, appre- would lead him into physical therapy, but many e-mails from schoolchildren who they were full, and he pursued pre-engineer- ciate the support and the work of my ing classes for two years before he left. want to send packages to our troops. colleague from Texas, Senator ‘‘He went into the Navy to continue his They want to do letters and collages. HUTCHISON, in this effort. education, to have it paid for by Uncle They want to send care packages. Such I yield the floor. Sam,’’ said his mother, who was uneasy patriotism among our young people al- EXHIBIT 1 about his choice but told him she would sup- ways inspires me, and it is a wonderful [From the Washington Post, Mar. 30, 2003] port him. ‘‘He had wanted to strive for bigger and tribute to the young people of this MEDIC WHO DIED TORN BY DUTY, DOUBTS country. I know letters and pictures better things and travel, and he just came (By Amy Goldstein) from schoolchildren across this coun- upon the Navy and decided that would be the As a medic at a San Diego naval clinic, he try would light up the faces of our starting point for what he wanted to do,’’ his had been resolute in volunteering for duty in wife, Cherice, said. troops, many of which woke up this Iraq. But Michael V. Johnson Jr. was a heal- After basic training, he trained as a hos- morning and each morning in sand- er by training and temperament, and once he pital corpsman at the Marine Corps Air filled dugouts. arrived in the Middle East, he was uncertain Ground Combat Center in Twentynine At this point, the Department of De- of the morality of having placed himself in Palms, Calif., then was assigned to a clinic fense wants to make sure the letters war. at the Marine Corps Recruit Depot that is and drawings from relatives make it to In letters to his wife, Cherice, sometime part of the Naval Medical Center, San Diego. our troops first. So they asked us to two letters a day, he wrote out his worries He had an affinity for the work. He gave hold off sending care packages to the about what he—and the Marine division to physicals to potential recruits, helped to Middle East for the time being. which he was attached—might be called upon treat the sick and, at times, provided coun- to do. How would God view him if he helped The Defense Department is encour- seling. take a life? He and Cherice formed a wide circle of aging folks who want to show their On the war’s sixth day, last Tuesday, it friends, and he developed an attachment to support to do so in a variety of ways, was Johnson who was killed, becoming the the men he thought of as brothers in a surro- and I thought I would take a moment first naval casualty in Iraq. His 26th birth- gate, West Coast family. Last June, he ex- to share those with everybody. day would have been tomorrow, his wedding tended his five-year enlistment by a year. To send a message to the troops, you anniversary in two weeks. At 4:30 a.m. Late in the year, as the prospect of war can e-mail them through Thursday, Cherice Johnson was awakened by grew, he was among fewer than half-dozen of www.operationdearabby.net. If you knocks on the door of their military hous- the clinic co-workers he knew who volun- have already purchased goods to send ing. Seeing the chaplain and the officer teered for the Middle East, Cherice Johnson through the peephole, she understood why in care packages, the Defense Depart- said. they had come. He did not ask his mother for her opinion ment suggests that for the time being The information was sketchy—Johnson ap- before deciding. If he had, she would have you send those to a local veterans parently had died when shrapnel from a gre- told him not to go, ‘‘because that’s what home. A wonderful way to honor the nade struck his head, she was told. The mili- mothers say,’’ Norfleet said. ‘‘I’m selfish. I’m men and women in service to this coun- tary emissaries did not say exactly where he going to tell you that right here and now. try today is to certainly honor those had been. Nor did they explain ‘‘if it was an That’s my baby. But he didn’t ask me. He’s who have served our country in the accident on our behalf or in combat,’’ said a man. past. his wife, 24, who had fallen in love with him She told him, once again, that she sup- If you have perishables or items you when she was a high school senior and he a ported his choice, but her feelings slipped college sophomore in Little Rock. have brought together with the intent out. ‘‘Don’t you think you could find a tent He was a young man of many facets: an ex- like on the ‘M*A*S*H’ series, a tent to treat of sending them abroad, perhaps you trovert with the energy of a child, a passion the wounded back behind? she asked. could take them to a local veterans for basketball, a gift for drawing and sing- He replied, she recalled, that ‘‘they were home and share them with the veterans ing, a knack for science and calculus. his brothers, and he wanted to be there with community of this country. Then per- In Little Rock, his mother, Jana Norfleet, them and for them.’’ haps at a later date, you can do some- said she is trying to draw comfort from a His final conversation with his mother thing for the troops abroad. certain symmetry: a son born in the spring went on for two hours, on a cell phone as he You could also call a local base to no- and lost in the spring. was about to be deployed from California. He She said she tried to instill a sense of last called his wife on a refueling stop in tify the families of deployed service- striving in the youngest of her three chil- men that you have goods, and they can Spain. dren, her only son. ‘‘I pushed him a lot,’’ she The last letter to his mother arrived just collect them and send them off if it is said. ‘‘We would spend many nights just sit- over two weeks ago from Kuwait. ‘‘By the at all possible. The real key has been ting, studying together. We didn’t move time you receive this letter, I will have gone that the Department of Defense, for se- until he was finished.’’ And even when he to war,’’ he wrote. ‘‘If I don’t make it back curity purposes, does not want to be in- was young, she was explicit about her rea- don’t be sad for me. Be happy for me and undated with packages for our service sons. ‘‘I’m doing this to make you realize praise God, because I’ve gone to heaven to be men and women and hope you will look there are many kids out there who are going with grandma.’’ at creative ways to honor our troops, to excel higher,’’ she would tell him ‘‘and I ‘‘The reality of war draws you closer to want you to be in that group.’’ just as we are today and each and God,’’ the medic wrote. ‘‘It lets you know Starting in second grade, he was in classes how valuable life really is.’’ every day coming to the floor of the for gifted and talented students. He grad- U.S. Senate to honor these wonderful uated from Parkview Arts and Science Mag- The ACTING PRESIDENT pro tem- service men and women who are de- net High School, which selects its students pore. The Senator from Wyoming. fending our country. We are looking from the entire county. His mother and step- Mr. THOMAS. Mr. President, I will also for the multitude of ways we can father still keep on a living room shelf a take some time this afternoon to rec- honor them. We encourage each and plaque from his freshman year, when he was ognize what is being done for us and for every one of our constituents to be in- listed in Who’s Who Among American High this country. All of us have strong feel- School Students. ventive and to look for other ways they ings about those who are defending Six-foot-one, he excelled at basketball. ‘‘I freedom. We have talked about the can honor those service men and think he saw himself as a basketball profes- women who are serving our country. sional in his dreams,’’ his mother said, ‘‘but risks they take, but I rise today to rec- You could also support the troops by we kind of swayed him in the other direc- ognize the sacrifice of a particular Ma- displaying a flag and teaching your tion. We told him, ‘That should be your sec- rine Corps Second Lieutenant, Therrel children respect for the flag. ond love. You need to make a living, son’.’’ Shane Childers. Our hope is that in the coming weeks Growing up, he had loved the cats, dogs, Certainly all of us recognize the ne- we will all look for ways to honor those gerbils and fish in his family’s house, and he cessity of defending freedom. We recog- men and women who are serving our was fascinated in biology classes by dissec- nize the willingness of brave men and tion. Compassion was part of his Christian country abroad, who are defending our faith, forged by his stepfather’s insistence on women to do what is necessary. We rec- freedoms, and who are working to attending church every Sunday. ognize the connection between the land eliminate the tyranny of Saddam Hus- He thought of a career that involved medi- of the free and the home of the brave. sein. cine. Together with a girlfriend at the time, However, when we have these losses,

VerDate Jan 31 2003 02:42 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.010 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4545 they are a great tragedy to all of us, Well, how would you react to 8th I yield the floor and suggest the ab- particularly to the families and loved graders who ask that? I think it makes sence of a quorum. ones. you really wonder. So we talked a lit- The ACTING PRESIDENT pro tem- Known as Shane to his family and tle bit about it. We talked about the pore. The clerk will call the roll. friends, he was assigned to the 1st Bat- fact that it is a war that was brought The legislative clerk proceeded to talion, 5th Regiment of the 1st Marine about by terrorism, a war that was call the roll. Division of Camp Pendleton. Shane was brought about by what happened in the Mr. COLEMAN. Mr. President, I ask the first combat casualty of Operation Persian Gulf 12 years ago, a war that unanimous consent that the order for Iraqi Freedom. He was 30 years old. was brought about by the fact that the quorum call be rescinded. 2LT Childers was lost while leading Saddam Hussein, who had to sign an The ACTING PRESIDENT pro tem- his platoon in a fight to secure a pump- agreement to finish that war because pore. Without objection, it is so ing station in southern Iraq. Shane’s he was defeated, has not done what he ordered. Mr. COLEMAN. Mr. President and parents, Joseph and Judy Childers of was required to do. We have to talk a little bit about the distinguished colleagues, America is Powell, WY, say that Shane always the greatest country the world has ever wanted to be a marine. His family says fact that the whole reason we are there, the whole effort, is to disarm known. And, today, in places across the he liked the rhythm of life in the world, the greatest fighting men and Corps, the pride that goes with wearing Saddam for the safety of the United States, for the safety of the world. No women the world has ever known con- the Marine uniform. tinue America’s legacy of liberating After his high school graduation in one wants to have a war, certainly. It is not anything that we would like to oppressed people. 1990, he enlisted in the Marine Corps My friends, America went to Bosnia and served in the Persian Gulf war. do. He had great opportunities to do something different in these past 12 to offer liberation and hope from de- After his duty in the gulf war, Shane spair and suffering—we went to Haiti served as a Marine security guard at years. He refused to do so. These 8th grade kids seemed to un- to offer hope to an oppressed people— the American consulate in Geneva, derstand that no one wants war but we we went to Somalia to offer America’s Switzerland, and at the American Em- have to defend freedom. We have had to legacy of a better life for people who bassy in Nairobi, Kenya. defend freedom numerous times, of had rarely seen a day free of suffering, Shane later left the Marines and at- course—quite different situations, persecution and torture. tended college at the Citadel where he quite different circumstances, but we Freedom and liberty are two words completed his studies in an find ourselves in different cir- that should stir great emotions in all untraditional 3 years and was commis- cumstance now as a result of 11 Sep- Americans. Freedom and liberty are the gift of sioned in 2001. Today, we mourn the tember, where instead of having to be America to oppressed people every- loss of this young man and certainly afraid of divisions landing on your where. pray for his family. shore with artillery, and so on, now we I express my condolences to the Freedom and liberty, speak often find that one or two persons with mass these words because America’s sons Childers family and my gratitude to destruction tools and weapons can de- the men and women who wear the uni- and daughters are in Iraq today doing stroy 3,000 people very easily. So it is a what Americans have done for genera- form and walk the line so that our Na- different situation. It is hard for young tion can continue to remain free. tions: We offer hope for a better tomor- people to understand that, but I was row. I yield the floor, and I suggest the ab- very pleased with the fact that they do sence of a quorum. Let’s talk about America’s sons and not like war—neither do we—but they daughters. They come from an America The ACTING PRESIDENT pro tem- understood that you have to defend pore. The clerk will call the roll. today that is no less interested in its those things that threaten the basis of own freedom and liberties than the The legislative clerk proceeded to our country. call the roll. freedom and liberties we wish for all They were in Washington, DC, to see people. Mr. THOMAS. Mr. President, I ask the foundation of the United States, to unanimous consent that the order for They are the sons and daughters of a see what freedom is about: The Govern- great American revolution that never the quorum call be rescinded. ment of the people, by the people and The ACTING PRESIDENT pro tem- ends. The cause of freedom and liberty for the people. They were here to see never ends. pore. Without objection, it is so or- the Supreme Court. They were here to dered. We have seen the pros and cons in the see the Constitution, the thing that streets of American cities these past Mr. THOMAS. Mr. President, more probably ensures our freedom more than anything else, we all are thinking several weeks. There are great passions than any other document. They under- on both sides. The great glory of Amer- about the conflicts that are going on in stood that we have to defend those Iraq and about our men and women ica is that 28 protestors can occupy the things, and I was so pleased. office of a U.S. Senator and not fear who are fighting there. Of course, we They were very skeptical. When they have to continue to do what we have to being put to death for their views. thought about it some and they This is the fight that America’s sons do. Our lives go forward. We think thought about it in terms of the kinds and daughters wage today. about it a lot, and hear a great deal of threats that are there and then when If we may, for a moment, find peace about it—I suppose more because of the they thought about it in terms of those in the haze of conflict between those embedded media—than we have ever people who are voluntarily protecting who support our efforts today, and heard before. We hear various kinds of our freedoms, who have gone into a war those who do not, I ask that we do it in reports. Certainly they are good for us situation—I am a little bit prejudiced, the name of America’s sons and daugh- to hear. We need to know what is hap- being a marine, as to the Marine aspect ters who have been called upon to duty pening. From time to time, we also of it, but everyone who is there is sac- and service. Perhaps our energies now hear some questionable comments and rificing for our freedom. Certainly we can be better spent by focusing on the questions about the commitment of have a right to speak out and we have world that we create in America today our leadership. Nevertheless, that is a right to have different views, but I when our troops return. where we are. hope we all recognize our responsibility Get off the couch; stop watching the I guess all of us think a lot about to support our troops, people who are news; forget the radio broadcasts; turn why we are there, what needs to be giving more than they could possibly off the playstation; unplug the TV; get done, and what will be the outcome. be asked. We have the opportunity to outside, America. This morning I met with a group of 8th do that. We’ve had our say. Now let’s have our graders from Big Piney, WY, one of the It is a good exercise for us to be able say for the tens of thousands of Ameri- smaller towns in western Wyoming. to talk to young people about why it is cans fighting for freedom and liberty. The whole class from the high school we are involved and the importance of Let us dedicate our energy—our pro came. I think there were 30 of them. protecting the kind of country we have and our con—to building the best pos- One of them asked: What do you think and want to maintain. Certainly there sible Nation for our troops to come of the war? is nothing more important than that. home to.

VerDate Jan 31 2003 00:58 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.012 S31PT1 S4546 CONGRESSIONAL RECORD — SENATE March 31, 2003 Join hands and voices to help the gress is that they are ‘‘enthralled’’ with our fighting men and women; moms, the dads, the husbands, the with the old way of doing things. To strongly that we are doing the right wives, the sons, the daughters, the them you don’t deal with evil, you just thing in the name of freedom, in the brothers and the sisters to get through contain it. But that dogma led to the name of liberty; to be an end to terror, these difficult days. Offer more than deaths of millions in Rwanda and Cam- to be an end to oppression, to be an end words; offer hope indeed. bodia because we were too timid to act. to rape, to be an end to torture, and to Walk with them together during For decades we allowed terror net- open up new worlds of possibilities. But these times, open your homes and open works to grow and infiltrate even free I do ardently wish people would shut your hearts. Our Nation is at war with societies. Because we thought there off the TV and shut off the computer an enemy across the world. was nothing we could do about so per- and get out there and build the best Let us not be a nation at war with vasive an evil, we just hoped for the possible great Nation for our troops to each other within. We have a common best. come home to. Shut it all off, say a goal: Offer comfort and hope and en- Now we have historic opportunity to prayer for our troops, say a prayer for couragement to those who fight for our strike a decisive blow against tyranny our leaders, and go to work building a freedom, and those who are left behind and terrorism in one place and give great America. to pray for their success and safe re- birth to a new century of hope for free- Finally, one more word from Lincoln turn home. dom and security. We must accept the and I am done: America, the greatness of our Nation moral responsibility our power gives With malice toward none, with charity for is not that we can survive conflict and us. all, with firmness in the right as God gives division. The greatness of America is Lincoln also said: us to see the right, let us strive to finish the that we can build upon our differences Let us have faith that right makes might, work we are in; to bind up the Nation’s and multiply our blessings. and in that faith let us do our duty as we un- wounds; to care for him who shall have borne For the sake of the families of those derstand it. the battle, and for his widow and orphan—to do all which may achieve and cherish a just who sacrifice, for the sake of the sol- Our Nation, more than any other, diers who are in harm’s way, let us and lasting peace among ourselves and all was born on eternal values—That God Nations. build a better America for their return. had endowed all people with inalien- May God bless our fighting men and These are momentous days in the able rights to life, liberty and the pur- history of this country. They remind women on the front line. May God bless suit of happiness. But as much as we and support and hold and comfort the me of this remarkable statement by would like to believe it, the power of one of our early patriots, Patrick families of those who have given the those ideals do not sweep the globe and ultimate sacrifice. May God bless the Henry, during our war of independence. enforce themselves. Somebody has to He wrote: United States of America. do it. Mr. President, I yield the floor. I sug- These are the times that try men’s souls. Right now the United States, Britain gest the absence of a quorum. The summer soldier and the sunshine patriot and a couple of dozen other nations are The ACTING PRESIDENT pro tem- will in this crisis shrink from the service of doing the dirty work of liberty. The their country; but he that stands it now, de- pore. The clerk will call the roll. lesson of history is: somebody has to do serves the love and thanks of man and The legislative clerk proceeded to it. woman. Tyranny, like Hell, is not easily con- call the roll. Lincoln was right; it takes faith to quered; yet we have this consolation with us, Mr. DOMENICI. Mr. President, I ask do it. Certain things can’t be proven to that the harder the conflict, the more glo- unanimous consent that the order for rious the triumph. What we obtain too people who are devoted to another the quorum call be rescinded. cheaply, we esteem too lightly; tis dearness path. The ACTING PRESIDENT pro tem- only that gives everything its value. Heaven We have a duty to do, and to most of pore. Without objection, it is so or- knows how to put a proper price on its goods; us it is clear. Just because everybody and it would be strange indeed if so celestial dered. doesn’t see it doesn’t mean it isn’t ex- an article as Freedom should not be highly Mr. DOMENICI. Mr. President, I un- actly the right thing to do. rated. derstand it is appropriate to speak in Finally, a word about our great You can talk about equality or you morning business. President. Here is a message for ‘‘43’’ can make it happen. The ACTING PRESIDENT pro tem- from ‘‘16’’. Lincoln said: You can sympathize with the poor or pore. The Senator is correct. you can help create a job for them. If I were to read, much less answer all the f Yes, these are challenging times; we attacks made on me, this shop might as well be closed for business. I do the very best I DANIEL PATRICK MOYNIHAN are witnessing the birth of a new cen- know how—the very best I can; and I mean tury and a new moment of hope for to keep doing so until the end. If the end Mr. DOMENICI. Mr. President, I mankind. Yes, these are dangerous, brings me out all right, what’s said against came to the floor to say a few words trying times, but it is a great time to me won’t amount to anything. If the end about Senator Patrick Moynihan. Ob- be alive. brings me out wrong, then angels swearing I viously, I didn’t know him for all of his Allow me to share some of my favor- was right would make no difference. very successful and rather stupendous ite quotes from Abraham Lincoln to I am profoundly grateful that we life, but I knew him rather well for guide our thoughts about this momen- have a President who does not run his that portion spent in the Senate. Even tous time. life by what the polls say. That is the as to that portion, it was not my privi- In the second inaugural, Lincoln opposite of leadership. lege to spend a great deal of time on said: I believe in a free media. I believe in the same committees with the Senator. The dogmas of the quite past are inad- the power of public opinion. But I see But it was obvious to me he was a very equate to the stormy present. The occasion red when I see newspaper and Internet big man, not big only in stature—he is piled high with difficulty and we must rise polls one week into the war in Iraq, was very tall—but clearly he spoke elo- to the occasion. As our case is new, so we asking about whether we are bogged must think anew, and act anew. We must quently and could grasp the situation disenthrall ourselves, and then we shall save down or if the President is using the with a demeanor and in a manner that our country. right strategy. was not very common and ordinary So much of the 24–7 commenting and You don’t undertake change for the here. opinionating out there is precisely the sake of change. But when the cir- From my standpoint, we struck up a substance that covers the floors of cumstances have changed, it is folly to friendship principally based upon his Minnesota feedlots. stick with the old game plan. asking me a lot of questions about the The fall of the Soviet Union changed In a long ago war it was said: budget and about my work as chairman the world forever. They also serve who only stand and wait. or ranking member on the Senate September 11 changed the world for- The same is not true for those who floor. ever. just sit and wait. Today it was my privilege to attend, The problem with some at the United Public opinion is, as it should be, with my wife Nancy, his funeral mass Nations and even some in our own Con- strongly with this President; strongly and some of the other ceremonial

VerDate Jan 31 2003 00:58 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.004 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4547 events that bid him goodbye. My wife from our day who now live somewhere ernment. Among his many writings, in- Nancy and I got to share with his mar- else doing other things had found their cluding 18 books, was ‘‘The Torment of velous wife Elizabeth; everybody calls way into Washington to be there. Secrecy: The Background and Con- her Liz. We had had on one occasion as I choose today for these very few mo- sequences of American Security Pol- couples an opportunity to travel with ments to say thank you to him for his icy.’’ Senator Moynihan concluded that Senator Moynihan and his wife and great service in the Senate, to his fam- book with these words: others on a very lengthy trip that in- ily, and particularly to his wife, who A case can be made that secrecy is for los- cluded China and other parts of the obviously sacrificed greatly while he ers, for people who don’t know how impor- world, Japan. It was rather marvelous was being a Senator. She, too, has a tant information really is. The Soviet Union to have him regale us with stories and profession of her own and was some- realized this too late. Openness is now a sin- gular and singularly American advantage. tales and history as we would be trav- what restrained and had to live more of We put it in peril by poking along in the eling from one country to another. a life in Washington, tied sort of to his mode of an age now past. It is time to dis- When he was around on those kinds of career, than she had at other times in mantle government secrecy, this most perva- events, you didn’t have to have books her life. But from what I have gath- sive of cold war era regulations. It is time to to read. You would just get a seat close ered, they were both great citizens and begin building the supports for the era of to him and ask questions, and he would very pleased and proud to be part of openness, which is already upon us. tell you something significant, dif- this Senate. Mr. President, we in the Senate and ferent, important, something you I thank him and bid him adieu. those in the White House should heed clearly never would read and never had I suggest the absence of a quorum. Pat Moynihan’s wise words. As a heard. The ACTING PRESIDENT pro tem- former chairman of the Senate Select We all miss him. There is no doubt pore. The clerk will call the roll. Committee on Intelligence, I can tell about it. The assistant legislative clerk pro- you that this administration is being One day I recall the close of a budget ceeded to call the roll. excessively cautious in keeping infor- session, a long debate on the budget. Mr. GRAHAM of Florida. Mr. Presi- mation from the American people. Cer- Final passage came up. It had been a dent, I ask unanimous consent that the tainly, when we are at war and facing very arduous and difficult one, much order for the quorum call be rescinded. increased threats from international like the last one we just experienced, The ACTING PRESIDENT pro tem- terrorist networks, we need to keep se- but more so. I had counted votes and pore. Without objection, it is so or- cret that information that could pose a thought I would win. I thought I would dered. threat to our security if it were to fall get 51 votes, which is what I needed. I Mr. GRAHAM of Florida. Mr. Presi- into the wrong hands. But that hardly noted that during the time of the de- dent, I join my colleagues today in seems to be the case with most of the bate and in particular the closing, Sen- mourning the passing of a giant of the information that is covered by this ator Moynihan had listened a little 20th century—our former colleague, overly broad Executive order. more than I had expected. No reason Senator Daniel Patrick Moynihan. The Again, I emphasize that the over- for him to do that. Senators were in list of his contributions to this Nation whelming bulk of this material is more and out. is long and impressive: from White than 25 years old. Ultimately, excessive I had also noticed during the course House aide, to Ambassador to India and secrecy will undermine the public’s of events that he would stop by and the United Nations, to Senator from confidence in our Government and its talk with me and say something to me the State of New York for 24 years. Pat essential institutions. Excessive se- about what was going on. Moynihan left an indelible mark on our crecy denies to the American people The vote occurred, and I was not pay- Nation and the world. their full capability to participate, ing attention to the vote. I knew I Senator Moynihan has been described evaluate, and act as they determine to would get the votes necessary. But as the best thinker among politicians be in the national interest. when the votes were counted, I had one since Woodrow Wilson and the best pol- By restricting access to crucial and more than expected. So I asked, who itician among thinkers since Thomas often conflicting information, exces- was that; what happened? Somebody on Jefferson. Few Senators in the 241-year sive secrecy creates the environment the other side of the aisle, without say- history of this institution have had the for what is known as incestuous ampli- ing much and perhaps without talking intellectual impact on public policy as fication. This is a military term and is to his own leadership, had voted for the did Patrick Moynihan. From tax policy defined by Jane’s Defense Weekly. In- resolution. Sure enough, it was Patrick to environmental protection, he was an cestuous amplification is ‘‘a condition Moynihan. I didn’t have a chance then always constructive and frequently in warfare where one only listens to to say anything to him, but later on, I dominant advocate. He frequently con- those who are already in lockstep purposely found him and thanked him, verted a Senate committee hearing or agreement, reinforcing set beliefs and and I asked him what was that all floor debate into what was his first creating a situation ripe for mis- about. passion, a college classroom. Those of calculation.’’ He said: Well, to tell you the truth, us who were fortunate to be his stu- Excessive secrecy undermines the that Budget Act is too confusing and dents are forever in his debt. classification value of information confounds everybody. You worked too Adele and I offer our condolences to which is genuinely critical to our na- hard to try to get it done, and you Elizabeth and their family, and we will tional security. Last year, I had the made an awful lot of sense. I just de- recognize in our prayers the loss that honor to cochair a joint House-Senate cided that regardless of the philosophy, the Nation and each of us individually inquiry into the events of September that was enough for me to vote for the have suffered. 11, 2001. Our purpose was to help the budget resolution, in the sense that I Mr. President, I add that I consider it American people understand what our was just voting for you. a terrible irony that on the eve of Sen- Government knew about potential Things like that don’t happen very ator Moynihan’s death, March 26, the threats from al-Qaida prior to the at- often. I am sure everybody has stories White House announced the signing of tacks on the World Trade Center and similar to that and more so. Today, as amended Executive Order 12,958. This the Pentagon, and how our intelligence we attended the funeral mass, there Executive order delays the release of and law enforcement agencies re- were literally hundreds of people from millions of long-classified Government sponded. But even more important, our all walks of life—kind of befitting what documents and grants to Government responsibility was to develop an action he had done and the life he had lived. bureaucrats new authority to reclas- plan of recommendations to mitigate a On one side I noticed the Secretary of sify information. The vast majority of repeat of this tragedy. Defense had kind of eased his way into these documents are more than 25 Our staff reviewed more than 500,000 the church and was kneeling on one years old and were to have been auto- pages of documents. We conducted 22 side there in an inconspicuous way— matically declassified on April 17 of hearings, 13 of them closed, 9 open to many ambassadors, a lot of Senators, a this year. the public. We filed our final report— very large entourage of Senators. Per- I consider this ironic because Senator the classified version—on December 20, haps as many as 10 former Senators Moynihan was a champion of open gov- 2002.

VerDate Jan 31 2003 00:58 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.016 S31PT1 S4548 CONGRESSIONAL RECORD — SENATE March 31, 2003 The joint inquiry has requested de- commit ourselves to a Government ligence who shall be the President’s prin- classification of our final report, as which trusts its people to know the cipal advisor on intelligence and shall have well as key documents related to the truth. the full range of management, budgetary and Mr. President, I ask unanimous con- personnel responsibilities needed to make Government’s knowledge of al-Qaida the entire U.S. Intelligence Community op- and potential terrorist threats. For 100 sent to print in the RECORD an editorial erate as a coherent whole. These responsibil- days, congressional staffers have been from the New York Times of March 28, ities should include: working with the Central Intelligence 2003. Establishment and enforcement of con- Agency, the Federal Bureau of Inves- There being no objection, the mate- sistent priorities for the collection, analysis, tigation, and other relevant agencies rial was ordered to be printed in the and dissemination of intelligence throughout the Intelligence Community; RECORD, as follows: to get the final report of the joint in- Setting of policy and the ability to move quiry declassified. We have not yet SECRECY: THE BUSH BYWORD personnel between elements of the Intel- been successful. I am hopeful that we Add one more item to the list of things the ligence Community; can present most of this material to Bush administration has been quietly doing Review, approval, modification, and pri- the public at the earliest date. We have on the home front while the nation is pre- mary management and oversight of the exe- already released, in declassified form, occupied with Iraq. This week President cution of Intelligence Community budgets; Review, approval, modification, and pri- Bush signed an executive order that makes it our findings and our recommendations. mary management and oversight of the exe- easier for government agencies, including I ask unanimous consent to have cution of Intelligence Community personnel the White House, to keep documents classi- printed in the RECORD a copy of those and resource allocations; recommendations at the conclusion of fied and out of public view. Review, approval, modification, and pri- The order does a number of things at once. my statement. mary management and oversight of the exe- It delays by three years the release of declas- cution of Intelligence Community research The ACTING PRESIDENT pro tem- sified government documents dating from pore. Without objection, it is so or- and development efforts; 1978 or earlier. It treats all material sent to Review, approval, and coordination of rela- dered. American officials from foreign govern- tionships between the Intelligence Commu- (See Exhibit 1.) ments—no matter how routine—as subject to nity agencies and foreign intelligence and Mr. GRAHAM of Florida. Mr. Presi- classification. It expands the ability of the law enforcement services; and dent, I want to read one of the rec- Central Intelligence Agency to shield docu- Exercise of statutory authority to insure ommendations from the joint inquiry ments from declassification. And for the that Intelligence Community agencies and committee. It is recommendation No. first time, it gives the vice President the components fully comply with Community- power to classify information. Offering that 15: wide policy, management, spending, and ad- power to Vice President Dick Cheney, who ministrative guidance and priorities. The President should review and consider has shown indifference to the public’s right The Director of National Intelligence amendments to the Executive Orders, poli- to know what is going on inside the execu- should be a Cabinet level position, appointed cies and procedures that govern the national tive branch, seems a particularly worrying by the President and subject to Senate con- security classification of intelligence infor- development. firmation. Congress and the President should mation, in an effort to expand access to rel- All of this amends an order by President also work to insure that the Director of Na- evant information for Federal agencies out- Bill Clinton that actually eased the process tional Intelligence effectively exercises side the Intelligence Community, for State of declassification. The administration says these authorities. and local authorities, which are critical to the three-year delay in declassifying docu- To insure focused and consistent Intel- the fight against terrorism, and to the Amer- ments dating to the Carter administration ligence Community leadership, Congress ican public. and earlier is necessary because of a huge should require that no person may simulta- In addition, the President and heads of backlog of documents that must be reviewed neously serve as both the Director of Na- Federal agencies should ensure that the poli- before decisions are made on whether to de- tional Intelligence and the Director of the cies and procedures to protect against the classify them. Central Intelligence Agency, or as the direc- unauthorized disclosure of classified intel- Taken individually, each of these actions tor of any other specific intelligence agency. ligence information are well understood, might raise eyebrows for anyone who values 2. Current efforts by the National Security fully implemented, and vigorously enforced. open government. Taken together, they are council to examine and revamp existing in- Congress should also review the statutes, reminders that this White House is obsessed telligence priorities should be expedited, policies, and procedures that govern the na- with secrecy. President Clinton’s policy was given the immediate need for clear guidance tional security classification of intelligence that ‘‘when in doubt,’’ a document was not in intelligence and counterterrorism efforts. information and its protection from unau- automatically classified. That ensured that The President should take action to ensure thorized disclosure. government papers would not easily be kept that clear, consistent, and current priorities Among other matters, Congress should under wraps without a compelling reason. are established and enforced throughout the consider the degree to which excessive clas- And while President Bush keeps in place Intelligence Community. Once established, sification has been used in the past and the many of the mechanisms for automatic de- these priorities should be reviewed and up- extent to which the emerging threat envi- classification, he has raised a bar that can dated on at least an annual basis to ensure ronment has greatly increased the need for only hurt the ability of historians, research- that the allocation of Intelligence Commu- real-time sharing of sensitive information. ers and all Americans to arrive at informed nity resources reflects and effectively ad- The Director of National Intelligence, in judgments about the actions of the presi- dresses the continually evolving threat envi- consultation with the Secretary of Defense, dents and their administrations. ronment. Finally, the establishment of Intel- the Secretary of State, the Secretary of ligence Community priorities, and the jus- tification for such priorities, should be re- Homeland Security, and the Attorney Gen- EXHIBIT 1 eral, should review and report to the House ported to both the House and Senate Intel- RECOMMENDATIONS and Senate Intelligence Committees on pro- ligence Committees on an annual basis. posals for a new and more realistic approach Since the National Security Act’s estab- 3. The National Security Council, in con- to the processes and structures that have lishment of the Director of Central Intel- junction with the Director of National Intel- governed the designation of sensitive and ligence and the Central Intelligence Agency ligence, and in consultation with the Sec- classified information. in 1947, numerous independent commissions, retary of the Department of Homeland Secu- The report should include proposals to pro- experts, and legislative initiatives have ex- rity, the Secretary of State and Secretary of tect against the use of the classification amined the growth and performance of the Defense, should prepare, for the President’s process as a shield to protect agency self-in- U.S. Intelligence Community. While those approval, a U.S. government-wide strategy terest. efforts generated numerous proposals for re- for combating terrorism, both at home and form over the years, some of the most sig- abroad, including the growing terrorism The public has the right to know nificant proposals have not been imple- threat posed by the proliferation of weapons what its Government has done and is mented, particularly in the areas of organi- of mass destruction and associate tech- doing to protect Americans and United zation and structure. These Committees be- nologies. This strategy should identify and States interests. Potential embarrass- lieve that the cataclysmic events of Sep- fully engage those foreign policy, economic, ment is not a good enough reason to tember 11, 2001 provide a unique and compel- military, intelligence, and law enforcement keep past or current Government ma- ling mandate for strong leadership and con- elements that are critical to a comprehen- terials secret. structive change throughout the Intelligence sive blueprint for success in the war against One of the most fitting tributes we Community. With that in mind, and based on terrorism. the work of this Joint Inquiry, the Commit- As part of that effort, the Director of Na- could pay to Pat Moynihan would be a tees recommend the following: tional Intelligence shall develop the Intel- heightened recognition of the damage 1. Congress should amend the National Se- ligence Community component of the strat- that excessive secrecy exacts on our curity Act of 1947 to create and sufficiently egy, identifying specific programs and budg- Government’s credibility, and to re- staff a statutory Director of National Intel- ets and including plans to address the

VerDate Jan 31 2003 01:25 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.019 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4549 threats posed by Osama Bin Laden and al Establish and sustain effective channels The specific manner in which a new domes- Qa’ida, Hezbollah, Hamas, and other signifi- for the exchange of counterterrorism-related tic intelligence service could be established cant terrorist groups. Consistent with appli- information with federal agencies outside in the United States, recognizing the need to cable law, the strategy should effectively the Intelligence Community as well as with enhance national security while fully pro- employ and integrate all capabilities avail- state and local authorities. tecting civil liberties; and able to the Intelligence Community against 6. Given the FBI’s history of repeated Their recommendations on how to best ful- those threats and should encompass specific shortcomings within its current responsi- fill the nation’s need for an effective domes- efforts to: bility for domestic intelligence, and in the tic intelligence capability, including nec- Develop human sources to penetrate ter- face of grave and immediate threats to our essary legislation. rorist organization and networks both over- homeland, the FBI should strengthen and 8. The Attorney General and the Director seas and within the United States; improve its domestic capability as fully and of the FBI should take action necessary to Fully utilize existing and future tech- expeditiously as possible by immediately in- ensure that: nologies to better exploit terrorist commu- stituting measures to: The Office of Intelligence Policy and Re- nications; to improve and expand the use of Strengthen counterterrorism as a national view and other Department of Justice com- data mining and other cutting edge analyt- FBI program by clearly designating national ponents provide in-depth training to the FBI ical tools; and to develop a multi-level secu- counterterrorism priorities and enforcing and other members of the Intelligence Com- rity capability to facilitate the timely and field office adherence to those priorities; munity regarding the use of the Foreign In- Establish and sustain independent career complete sharing of relevant intelligence in- telligence Surveillance Act (FISA) to ad- tracks within the FBI that recognize and formation both within the Intelligence Com- dress terrorist threats to the United States; provide incentives for demonstrated skills munity and with our appropriate federal, The FBI disseminates results of searches and performance of counterterrorism agents state, and local authorities; and surveillances authorized under FISA to and analysts; Enhance the depth and quality of domestic appropriate personnel with the FBI and the intelligence collection and analysis by, for Significantly improve strategic analytical capabilities by assuring the qualification, intelligence Community on a timely basis so example, modernizing current intelligence they may be used for analysis and operations reporting formats through the use of exist- training, and independence of analysts, cou- pled with sufficient access to necessary in- that address terrorist threats to the United ing information technology to emphasize the States. existence and the significance of links be- formation and resources; Establish a strong reports officer cadre at The FBI develops and implements a plan to tween new and previously acquired informa- FBI Headquarters and field offices to facili- use authorities provided by FISA to assess tion; the threat of international terrorist groups Maximize the effective use of covert action tate timely dissemination of intelligence from agents and to analysts within the FBI within the United States fully, including the in counterterrorist efforts; extent to which such groups are funded or Develop programs to deal with financial and other agencies within the Intelligence otherwise supported by foreign governments. support for international terrorism; and Community; 9. The House and Senate Intelligence and Facilitate the ability of CIA paramilitary Implement training for agents in the effec- Judiciary Committees should continue to ex- units and military special operations forces tive use of analysts and analysis in their amine the Foreign Intelligence Surveillance to conduct joint operations against terrorist work; Expand and sustain the recruitment of Act and its implementation thoroughly, par- targets. 4. The position of National Intelligence Of- agents and analysts with the linguistic skills ticularly with respect to changes made as a ficer for Terrorism should be created on the needed in counterterrorism efforts; result of the USA PATRIOT Act and the sub- Increase substantially efforts to penetrate National Intelligence and a highly qualified sequent decision of the United States For- terrorist organizations operating in the individual appointed to prepare intelligence eign Intelligence Court of Review, to deter- United States through all available means of estimates on terrorism for the use of Con- mine whether its provisions adequately ad- collection; dress present and emerging terrorist threats gress and policymakers in the Executive Improve the national security law training Branch and to assist the Intelligence Com- to the United States. Legislation should be of FBI personnel; proposed by those Committees to remedy munity in developing a program for strategic Implement mechanisms to maximize the analysis and assessments. any deficiencies identified as a result of that exchange of counterterrorism-related infor- review. 5. Congress and the Administration should mation between the FBI and other federal, ensure the full development within the De- 10. The Director of the National Security state and local agencies; and Agency should present to the Director of Na- partment of Homeland Security of an effec- Finally solve the FBI’s persistent and inca- tional Intelligence and the Secretary of De- tive all-source terrorism information fusion pacitating information technology problems. center that will dramatically improve the 7. Congress and the Administration should fense by June 30, 2003, and report to the focus and quality of counterterrorism anal- carefully consider how best to structure and House and Senate Intelligence Committees, ysis and facilitate the timely dissemination manage U.S. domestic intelligence respon- a detailed plan that: of relevant intelligence information, both sibilities. Congress should review the scope Describes solutions for the technological within and beyond the boundaries of the In- of domestic intelligence authorities to deter- challenges for signals intelligence; Requires a review, on a quarterly basis, of telligence Community. Congress and the Ad- mine their adequacy in pursuing the goals, products to be delivered, Funding ministration should ensure that this fusion counterterrorism at home and ensuring the center has all the authority and the re- protection of privacy and other rights guar- levels and schedules for every technology de- sources needed to: anteed under the Constitution. This review velopment program; Ensures strict accounting for program ex- Have full and timely access to all should include, for example, such questions penditures; counterterrorism-related intelligence infor- as whether the range of persons subject to Within their jurisdiction as established by mation, including ‘‘raw’’ supporting data as searches and surveillances authorized under current law, makes NSA a full collaborating needed; the Foreign Intelligence Surveillance Act partner with the Central Intelligence Agency Have the ability to participate fully in the (FISA) should be expanded. existing requirements process for tasking Based on their oversight responsibilities, and the Federal Bureau of Investigation in the Intelligence Community to gather infor- the Intelligence and Judiciary Committees the war on terrorism, including fully inte- mation on foreign individuals, entities and of the Congress, as appropriate, should con- grating the collection and analytic capabili- threats; sider promptly, in consultation with the Ad- ties of NSA, CIA, and the FBI; and Integrate such information in order to ministration, whether the FBI should con- Makes recommendations for legislation identify and assess the nature and scope of tinue to perform the domestic intelligence needed to facilitate their goals. terrorist threats to the United States in functions of the United States Government In evaluating the plan, the Committees light of actual and potential vulnerabilities; or whether legislation is necessary to rem- should also consider issues pertaining to Implement and fully utilize data mining edy this problem, including the possibility of whether civilians should be appointed to the and other advanced analytical tools, con- creating a new agency to perform those func- position of Director of the National Security sistent with applicable law; tions. Agency and whether the term of service for Retain a permanent staff of experienced Congress should require that the new Di- the position should be longer than it has and highly skilled analysts, supplemented on rector of National Intelligence, the Attorney been in the recent past. a regular basis by personnel on ‘‘joint tours’’ General, and the Secretary of the Depart- 11. Recognizing that the Intelligence Com- from the various Intelligence Community ment of Homeland Security report to the munity’s employees remain its greatest re- agencies; President and the Congress on a date certain source, the Director of National Intelligence Institute a reporting mechanism that en- concerning: should require that measures be imple- ables analysts at all the intelligence and law The FBI’s progress since September 11, 2001 mented to greatly enhance the recruitment enforcement agencies to post lead informa- in implementing the reforms required to and development of a workforce with the in- tion for use by analysts at other agencies conduct an effective domestic intelligence telligence skills and expertise needed for without waiting for dissemination of a for- program, including the measures rec- success in counterterrorist efforts, including: mal report; ommended above; The agencies of the Intelligence Commu- Maintain excellence and creativity in staff The experience of other democratic na- nity should act promptly to expand and im- analytic skills through regular use of anal- tions in organizing the conduct of domestic prove counterterrorism training programs ysis and language training programs; and intelligence; within the Community, insuring coverage of

VerDate Jan 31 2003 01:25 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.022 S31PT1 S4550 CONGRESSIONAL RECORD — SENATE March 31, 2003 such critical areas as information sharing idly respond to altered or unanticipated on proposals for a new and more realistic ap- among law enforcement and intelligence per- needs; proach to the processes and structures that sonnel; language capabilities; the use of the The Director of National Intelligence have governed the designation of sensitive Foreign Intelligence Surveillance Act; and should insure that Intelligence Community and classified information. The report should watchlisting; budgeting practices and procedures are re- include proposals to protect against the use The Intelligence Community should build vised to better identify the levels and nature of the classification process as a shield to on the provisions of the Intelligence Author- of counterterrorism funding within the Com- protect agency self-interest. ization Act for Fiscal Year 2003 regarding the munity; 16. Assured standards of accountability are development of language capabilities, includ- Counterterrorism funding should be allo- critical to developing the personal responsi- ing the Act’s requirement for a report on the cated in accordance with the program re- bility, urgency, and diligence which our feasibility of establishing a Civilian Linguist quirements of the national counterterrorism counterterrorism responsibility requires. Reserve Corps, and implement expeditiously strategy; and Given the absence of any substantial efforts measures to identify and recruit linguists Due consideration should be given to di- within the Intelligence Community to im- outside the Community whose abilities are recting an outside agency or entity to con- pose accountability in relation to the events relevant to the needs of counterterrorism; duct a thorough and rigorous cost-benefit of September 11, 2001, the Director of Central The existing Intelligence Community Re- analysis of the resources spent on intel- Intelligence and the heads of Intelligence serve Corps should be expanded to ensure the ligence. Community agencies should require that use of relevant personnel and expertise from 13. The State Department, in consultation measures designed to ensure accountability outside the Community as special needs with the Department of Justice, should re- are implemented throughout the Commu- arise; view and report to the President and the nity. Congress should consider enacting legisla- Congress by June 30, 2003 on the extent to To underscore the need for accountability: The Director of Central Intelligence should tion, modeled on the Goldwater-Nichols Act which revisions in bilateral and multilateral report to the House and Senate Intelligence of 1986, to instill the concept of ‘‘jointness’’ agreements, including extradition and mu- Committee no later than June 30, 2003 as to through the Intelligence Community. By em- tual assistance treaties, would strengthen the steps taken to implement a system of ac- phasizing such things as joint education, a U.S. counterterrorism efforts. The review countability throughout the Intelligence joint career specialty, increased authority should address the degree to which current Community, to include processes for identi- for regional commanders, and joint exer- categories of extraditable offenses should be fying poor performance and affixing respon- cises, that Act greatly enhanced the joint expanded to cover offenses, such as visa and sibility for it, and for recognizing and re- warfighting capabilities of the individual immigration fraud, which may be particu- warding excellence in performance. military services. Legislation to instill simi- larly useful against terrorists and those who As part of the confirmation process for In- lar concepts throughout the Intelligence support them. telligence Community officials, Congress Community could help improve management 14. Recognizing the importance of intel- should require from those officials an affirm- of Community resources and priorities and ligence in this nation’s struggle against ter- ative commitment to the implementation insure a far more effective ‘‘team’’ effort by rorism, Congress should maintain vigorous, and use of strong accountability mechanisms all the intelligence agencies. The Director of informed, and constructive oversight of the throughout the Intelligence Community; and National Intelligence should require more Intelligence Community. To best achieve The Inspectors General at the Central In- extensive use of ‘‘joint tours’’ for intel- that goal, the National Commission on Ter- telligence Agency, the Department of De- ligence and appropriate law enforcement per- rorist Attacks Upon the United States fense, the Department of Justice, and the sonnel to broaden their experience and help should study and make recommendations, Department of State should review the fac- bridge existing organizational and cultural concerning how Congress may improve its tual findings and the record of this Inquiry divides through service in other agencies. oversight of the Intelligence Community, in- and conduct investigations and reviews as These joint tours should include not only cluding consideration of such areas as: necessary to determine whether and to what service at Intelligence Community agencies, Changes in the budgetary process; extent personnel at all levels should be held but also service in those agencies that are Changes in the rules regarding membership accountable for any omission, commission, users or consumers of intelligence products. on the oversight committees; or failure to meet professional standards in Serious incentives for joint service should be Whether oversight responsibility should be regard to the identification, prevention, or established throughout the Intelligence vested in a joint House-Senate Committee disruption of terrorist attacks, including the Community and personnel should be re- or, as currently exists, in separate Commit- events of September 11, 2001. These reviews warded for joint service with career advance- tees in each house; should also address those individuals who ment credit at individual agencies. The Di- The extent to which classification deci- performed in a stellar or exceptional man- rector of National Intelligence should also sions impair congressional oversight; and ner, and the degree to which the quality of require Intelligence Community agencies to How Congressional oversight can best con- their performance was rewarded or otherwise participate in joint exercises; tribute to the continuing need of the Intel- impacted their careers. Based on those inves- Congress should expand and improve exist- ligence Community to evolve and adapt to tigations and reviews, agency heads should ing educational grant programs focused on changes in the subject matter of intelligence take appropriate disciplinary and other ac- intelligence-related fields, similar to mili- and the needs of policy makers. tion and the President and the House and Senate Intelligence Committees should be tary scholarship programs and others that 15. The President should review and con- sider amendments to the Executive Orders, advised of such action. provide financial assistance in return for a 17. The Administration should review and committee to serve in the Intelligence Com- policies and procedures that govern the na- tional security classification of intelligence report to the House and Senate Intelligence munity; and Committees by June 30, 2003 regarding what The Intelligence Community should en- information, in an effort to expand access to progress has been made in reducing the inap- hance recruitment of a more ethnically and relevant information for federal agencies outside the Intelligence Community, for propriate and obsolete barriers among intel- culturally diverse workforce and devised a ligence and law enforcement agencies en- strategy to capitalize upon the unique cul- state and local authorities, which are crit- ical to the fight against terrorism, and for gaged in counterterrorism, what remains to tural and linguistic capabilities of first-gen- be done to reduce those barriers, and what eration Americans, a strategy designed to the American public. In addition, the Presi- dent and the heads of federal agencies should legislative actions may be advisable in that utilize their skills to the greatest practical regard. In particular, this report should ad- ensure that the policies and procedures to effect while recognizing the potential coun- dress what steps are being taken to insure protect against the unauthorized disclosure terintelligence challenges such hiring deci- that perceptions within the Intelligence of classified intelligence information are sions might pose. Community about the scope and limits of well understood, fully implemented and vig- 12. Steps should be taken to increase and current law and policy with respect to re- ensure the greatest return on this nation’s orously enforced. strictions on collection and information Congress should also review the statues, substantial investment in intelligence, in- sharing are, in fact, accurate and well-found- cluding: policies and procedures that govern the na- ed. The President should submit budget rec- tional security classification of intelligence 18. Congress and the Administration should ommendations, and Congress should enact information and its protection from unau- ensure the full development of a national budget authority, for sustained, long-term thorized disclosure. Among other matters, watchlist center that will be responsible for investment in counterterrorism capabilities Congress should consider the degree to which coordinating and integrating all terrorist-re- that avoid dependence on repeated stop-gap excessive classification has been used in the lated watchlist systems; promoting aware- supplemental appropriations; past and the extent to which the emerging ness and use of the center by all relevant In making such budget recommendations, threat environment has greatly increased government agencies and elements of the the President should provide for the consid- the need for real-time sharing of sensitive private sector; and ensuring a consistent and eration of a separate classified Intelligence information. The Director of National Intel- comprehensive flow of terrorist names into Community budget; ligence, in consultation with the Secretary the center from all relevant points of collec- Long-term counterterrorism investment of Defense, the Secretary of State, the Sec- tion. should be accompanied by sufficient flexi- retary of Homeland Security, and the Attor- 19. The Intelligence Community, and par- bility, subject to congressional oversight, to ney General, should review and report to the ticularly the FBI and the CIA, should aggres- enable the Intelligence Community to rap- House and Senate Intelligence Committees sively address the possibility that foreign

VerDate Jan 31 2003 01:25 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.024 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4551 governments are providing support to or are Pat did not have unique insight, and I Senator for four terms. Throughout his involved in terrorist activity targeting the always came away from those lunches career in service, he paved his own United States and interests. State-sponsored feeling like I had just emerged from an path—one of integrity, independence, terrorism substantially increases the likeli- intellectually stimulating graduate and principled leadership on the crit- hood of successful and more lethal attacks within the United States. This issue must be seminar. ical national questions of our age. addressed from a national standpoint and I had the particular pleasure of serv- Whenever he spoke I listened closely, should not be limited in focus by the geo- ing with Senator Moynihan on the Fi- because I knew I would always learn graphical and factual boundaries of indi- nance Committee for eight years. As something from him. He possessed tre- vidual cases. The FBI and CIA should aggres- Chairman and as ranking member of mendous intellect and foresight, sively and thoroughly pursue related mat- the Finance Committee, Senator Moy- showed unflagging courage in cham- ters developed through this Joint Inquiry nihan was a true leader. Starting in pioning unsung causes, and commanded that have been referred to them for further 1993, when I took Senator Bentsen’s extraordinary respect on both sides of investigation by these Committees. The Intelligence Community should fully seat on the Committee and Senator the aisle. He was a true renaissance inform the House and Senate Intelligence Moynihan claimed his chairmanship, man who put action behind his diverse Committees of significant developments in Chairman Moynihan successfully guid- interests: from protecting the sanctity these efforts, through regular reports and ad- ed the 1993 economic plan through the of the American family, to preserving ditional communications as necessary, and committee and the Senate. That budg- historic art and architecture, to restor- the Committee should, in turn, exercise vig- et, which I was proud to help shape and ing Pennsylvania Avenue as America’s orous and continuing oversight of the Com- support, laid the foundation for the ‘‘main street,’’ to saving Social Secu- munity’s work in this critically important record economic expansion of the 1990s. rity for future generations. area. After Republicans took control of the I offer my condolences to his wife Mr. GRAHAM of Florida. Mr. Presi- Senate in the 1994 election, Senator Elizabeth, who was truly his life part- dent, I suggest the absence of a Moynihan was a fierce critic of their ner. There will no doubt be a memorial quorum. excessive tax cut proposals. We joined built in his honor someday soon on the The ACTING PRESIDENT pro tem- in opposing shortsighted proposals to streets of New York; but Senator Moy- pore. The clerk will call the roll. have Medicare ‘‘wither on the vine,’’ nihan’s legacy is already living—in The assistant legislative clerk pro- turn Medicaid into a block grant, and safer streets in our cities, a cleaner en- ceeded to call the roll. destroy welfare rather than reforming vironment, and a stronger national Mr. SPECTER. Mr. President, I ask it. Senator Moynihan was, as always, community. To borrow a memorable unanimous consent that the order for an especially passionate defender of Moynihan phrase, his life defined pub- the quorum call be rescinded. teaching hospitals, warning that the lic service and public policy up for all The ACTING PRESIDENT pro tem- plan to slash spending for Medicare’s who aspire to contribute to our pore. Without objection, it is so or- graduate medical education would country. dered. threaten medical research in this coun- The PRESIDING OFFICER (Ms. MUR- The Senator from Pennsylvania is try—a fear that has proved well-found- KOWSKI). The Senator from Montana. recognized. ed as teaching hospitals have struggled f Mr. SPECTER. I thank the Chair. to survive the much smaller changes (The remarks of Mr. SPECTER per- enacted as part of the compromise Bal- HONORING OUR ARMED FORCES taining to the submission of S. Res. 101 anced Budget Act that emerged in 1997. Mr. BURNS. Madam President, as we is located in today’s RECORD under The Finance Committee—and the stand here today, the conflict goes on ‘‘Submitted Resolutions.’’) Senate—would not have been the same in Iraq. I was just talking to a friend. Mr. CONRAD. Mr. President, it was without him. Who else will be able to He asked me when are we going to with great sorrow that I learned last gently tutor witnesses on the relevance make a move and how is it going? week of the death of our former col- of the grain trade in upstate New York We have only been there a week and league, Senator Daniel Patrick Moy- in the early nineteenth century to a a half, but one would think from the nihan of New York. current debate about health care pol- television coverage that we are in the Senator Moynihan, was an intellec- icy? Who else will call for the Boskin middle of the Hundred Years War. tual giant in the Senate and through- and Secrecy Commissions of the fu- There will be many stories that come out his service to our Nation. The ture? And who else will educate his col- out of conflicts such as this. I want to breadth of his interests—and his leagues on the impact on our society of relate one. knowledge—was extraordinary. From the demographic time bomb of the SSG Charles Donovan, Jr., is a 27- questions about the architecture and baby boom generation? year-old 8-year Marine Corps veteran, urban development of Washington, D.C. The Senate has lost a legend. The born and raised in Great Falls, MT. On to the problems created by single par- country has lost a brilliant and uncon- the 17th of February he was deployed ent families to the workings of the ventional thinker who contributed to Kuwait for military service with the International Labor Organization, Sen- greatly to our society on fronts rang- First Marine Division. He is a commu- ator Moynihan had thought deeply and ing across transportation, welfare and nications expert and a towgunner. A designed policy answers. I don’t think poverty, racism and civil rights, and towgunner is the one who fires ammu- there was a Senator who served with architecture and urban planning. nition from the tank. Pat Moynihan who didn’t learn some- I will miss Pat Moynihan. I will miss He has been married to his wife thing from Senator Moynihan’s vast his sly wit, his apt and splendidly di- Candice for almost 8 years. They met stock of personal experience, under- verse quotations, his sharp questioning at Camp Pendleton, CA. They served in standing of history, and ability to draw and distrust of glib answers, and his the Marine Corps together for 4 years. parallels between seemingly unrelated fierce humanity. On behalf of myself Since his deployment, Donovan has topics to enlighten our understanding and my wife Lucy, I want to express been able to contact his family fre- of both. my deepest condolences to his wife Liz, quently and recently received the news I will always have fond memories of their children and the rest of his fam- from his wife that they are expecting the several occasions on which I joined ily and friends. My heart goes out to their first child. He was able to reply Senator Moynihan in the Senators’ pri- them. to his wife by e-mail. vate dining room and was treated to a Mr. LIEBERMAN. Mr. President, I It is needless to say anything more lunchtime tutorial. I could ask a ques- rise today to honor Senator Daniel about the news and the elation that is tion on virtually any topic and get a Patrick Moynihan, an intellectual pio- experienced by this couple. No. 1, he dissertation in response. Our conversa- neer who I felt honored to serve with in was all right and getting along fine; tions ranged from art history to base- the U.S. Senate. He rose from humble and, second, the experience of learning ball, American history, our Middle beginnings to Harvard, and to a life of of the good news of an expected first East policy, the history of science and service in four different Presidential child is always great. scientific advancement, and more. administrations, as an ambassador to So my congratulations go out to Seemingly there was no topic on which India and the U.N., and as New York’s Charles and Candice. And I have every

VerDate Jan 31 2003 02:42 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.025 S31PT1 S4552 CONGRESSIONAL RECORD — SENATE March 31, 2003 faith that he will complete his mission The legislative clerk proceeded to icy positions and recommendations to and come home. call the roll. the Administrative Office and Federal There are thousands of similar sto- Mr. GREGG. I ask unanimous con- Judicial Council on issues concerning ries stemming from this mission, so sent that the order for the quorum call magistrate judges. ably carried out by our men and be rescinded. I am confident that Judge women in uniform. It is uniquely The PRESIDING OFFICER (Mr. AL- Springmann will serve on the bench American and typical of our warriors EXANDER). Without objection, it is so with integrity, intelligence and fair- of freedom. It distinguishes and sets ordered. ness. the American military apart from any f Mr. LEAHY. Mr. President, today we other nation in the history of man’s again demonstrate how cooperative the constant struggle for freedom and CONCLUSION OF MORNING Senate and, in particular, Democratic human dignity. BUSINESS Senators are being to an administra- We see the pictures every day, not of The PRESIDING OFFICER. Morning tion that continues to refuse to work the ugliness of war but of the men and business is now closed. with us to select consensus court women who carry out the humani- f judges who could be confirmed rel- tarian acts as war is carried on. We atively quickly by the Senate and fill EXECUTIVE SESSION will succeed in our mission. And we the remaining Federal court vacancies. look forward to the day when they all In the prior 17 months I chaired the Judiciary Committee, we were able to come home. NOMINATION OF THERESA LAZAR confirm 100 judges and vastly reduce Also, I take great pride to stand here SPRINGMANN, OF INDIANA, TO the judicial vacancies that Republicans today on the Senate floor to recognize BE UNITED STATES DISTRICT had stored up by refusing to allow and say thank you to the men and JUDGE FOR THE NORTHERN DIS- nominees of President Clinton to be women from Montana and all who TRICT OF INDIANA serve across this land. considered. We were able to do so de- We have support organizations pop- The PRESIDING OFFICER. Under spite the hostility of the White House. ping up in just about every State, orga- the previous order, the Senate will now The judicial nominees of this President nizations formed to give comfort to go into executive session and proceed are conservatives, many of them quite families and provide various programs to consideration of Executive Calendar to the right of the mainstream. Many such as the one I just mentioned. It is No. 77, which the clerk will report. of these nominees have been active in happening everywhere, and there are The legislative clerk read the nomi- conservative political causes or groups. far too many to mention today. nation of Theresa Lazar Springmann, Democrats moved fairly and expedi- I commend the efforts of one program of Indiana, to be United States District tiously on as many as we could con- especially because I met with this Judge for the Northern District of Indi- sistent with our obligations to evalu- group in Livingston, MT. They call ana. ate carefully and thoroughly these themselves MOST—the Military Over- Mr. HATCH. Mr. President, I am nominees to lifetime seats in the fed- seas Support Team—made up of people pleased today to rise in support of eral courts. who have family members serving in Judge Theresa Lazar Springmann, who Last year alone, in an election year, that area, and they act as a support has been nominated to the United the Democratic-led Senate confirmed system for each person. States District Court for the Northern 72 judicial nominees, more than in any Then there is another one called Op- District of Indiana. of the prior six years of Republican eration Clean Socks. It has been set up Judge Springmann has served on control. Not once did the Republican- to collect and send socks to our mili- both sides of the bench with distinc- controlled Committee consider that tary men and women in the Middle tion. Upon graduation from the Univer- many of President Clinton’s district East. That sounds strange, but to those sity of Notre Dame Law School, Judge and circuit court nominees. of us who have worn the uniform of Springmann clerked for the Honorable While Republicans point to the 377 this great country, socks become a big James T. Moody of the United States judges confirmed under President Clin- item, especially to us old marines who District Court for the Northern Dis- ton, but they fail to mention that only traveled on our feet. trict of Indiana—the very court she 245 of them were confirmed during the Folks all over this country are ral- will join upon her confirmation. She 61⁄2 years Republicans controlled the lying their communities to get support then entered private practice as an as- Senate. That amounts to only 38 con- for our troops. I am pleased to see so sociate with Spangler, Jennings & firmations per year when the Repub- many of them supportive in Montana. Dougherty, P.C., and later became the licans last held a majority and there Here in Washington we see the im- first woman partner there. During her was a Democrat in the White House. In ages on television. We are thinking tenure in private practice, she special- 1999, the Republican majority did not about the troops every day. We know ized in insurance defense litigation, hold a hearing on any judicial nominee how hard it is fighting for the freedoms automobile liability, contract disputes, until June. Tomorrow, the Republican of those who are oppressed, and we unfair competition and trade infringe- majority will hold its seventh hearing thank you. We thank you for what you ment. She also participated in her including a 32nd judicial nominee in are doing and want you to know that firm’s pro bono program, accepting at the last 2 months. The Senate Judici- our thoughts and prayers are not only least three cases a year from Legal ary Committee is acting like a run- with you but also with your families. Services of Northwest Indiana, Inc., in away train, operating at breakneck You are the best and the greatest Gary IN. speed and breaking longstanding rules ambassadors of the American dream. Judge Springmann has made a broad and practices of the committee. You will succeed in the efforts to dis- range of contributions to the bar. She This year we have had a rocky begin- arm Saddam Hussein and free the Iraqi was a founding member of the Lake ning with a hearing for three con- people. I am confident in our military. County Bar Association and has served troversial circuit court nominees that I know this effort will be accomplished in various leadership roles with this or- has caused a great many problems we as soon as possible so they all can come ganization. Judge Springmann is also a might have avoided. The chairman’s in- home to the welcoming arms of their member of the Federal Bar Association sistence on terminating debate on the families, so that every Charles Dono- and the Women Lawyers Association. Cook and Roberts nominations is an- van, Jr., can see his first child enter Since 1995, Judge Springmann has other serious problem. Of course, the the world with the same freedoms with served as a United States Magistrate administration’s unwillingness to work which he was born. We think about Judge for the Northern District of Indi- with the Senate so that we may be pro- them every day. ana. From 2000 to 2002, she served as vided the documents and information I yield the floor and suggest the ab- the Federal Magistrate Judges Associa- needed to proceed with a final vote on sence of a quorum. tion Seventh Circuit Director, where the Estrada nomination has already The PRESIDING OFFICER. The she represented all magistrate judges proved to be a significant problem. The clerk will call the roll. in the Seventh Circuit in forming pol- opposition to the Sutton nomination is

VerDate Jan 31 2003 01:25 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.030 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4553 also extensive. The concerns about the Spangler, Jennings & Dougherty, the Landrieu Murray Sessions Lautenberg Nelson (FL) Shelby Tymkovich nomination are significant. largest law firm in Northwest Indiana. Leahy Nelson (NE) Smith The unprecedented nature of a Presi- She followed up this distinction by be- Levin Nickles Snowe dent renominating someone for the coming the first woman judicial officer Lincoln Pryor Specter same judicial position after a defeat in in the Northern District of Indiana. Lott Reed Stabenow Lugar Reid Sununu committee has led to the Owen nomi- Judge Springmann has served as a McCain Roberts Talent nation is pending on the floor with the United States magistrate judge since McConnell Rockefeller Thomas assent of only the Republicans on the March of 1995, where she has presided Mikulski Santorum Voinovich Miller Sarbanes Warner committee. over 30 civil jury trials, 10 civil and Murkowski Schumer Wyden Nonetheless, the Senate has pro- criminal bench trials, and conducted ceeded to confirm 114 of President over 300 settlement conferences for the NOT VOTING—7 Bush’s judicial nominees, including 14 district court. Bond Inouye Stevens this year alone. The Senate confirmed She has received a number of high DeWine Kerry Edwards Lieberman the controversial nomination of Jay performance ratings throughout her Bybee to the Ninth Circuit, another tenure as a magistrate judge, including The nomination was confirmed. pro-life judicial nominee. With this one the A.V. rating from Martindale-Hub- The PRESIDING OFFICER. The circuit court confirmation, the Senate bell and the highest judicial rating President will be notified of the Sen- has confirmed more circuit court from the Lake County Bar Association. ate’s action. judges than Republicans allowed to be I believe that Theresa Springmann The Senator from Utah. confirmed in the entire 1996 session. In will demonstrate remarkable leader- addition, I note that it was not until ship to Northern Indiana and will ap- f September 1999, 9 months into the propriately uphold and defend our laws year, that 14 of President Clinton’s ju- under the Constitution. I encourage my NOMINATION OF MIGUEL A. dicial nominees were confirmed in the colleagues to support her nomination. ESTRADA, OF VIRGINIA, TO BE A first session of the last Congress in Mr. BINGAMAN. I ask for the yeas UNITED STATES CIRCUIT JUDGE which Republicans controlled the Sen- and nays. FOR THE DISTRICT OF COLUM- ate majority. At the pace set by Repub- The PRESIDING OFFICER. Is there a BIA licans now, we are a full six months sufficient second? ahead of that schedule. There is a sufficient second. Mr. BENNETT. Mr. President, I ask The Indiana nominee, Theresa Lazar The question is, Will the Senate ad- unanimous consent that the Senate Springmann, is currently a U.S. Mag- vise and consent to the nomination of now resume consideration of the istrate Judge for the U.S. District Theresa Lazar Springmann, of Indiana, Estrada nomination. Court for the Northern District of Indi- to be United States District Judge for The PRESIDING OFFICER. Without ana. She has the bipartisan support of the Northern District of Indiana? On objection, it is so ordered. The clerk her home State Senators. The fact that this question, the yeas and nays have will report. she is being confirmed to the district been ordered, and the clerk will call The assistant legislative clerk read court months in advance of the va- the roll. the nomination of Miguel A. Estrada, cancy arising demonstrates how coop- The assistant legislative clerk called of Virginia, to be United States Circuit erative the Senate is being. Only rarely the roll. Judge for the District of Columbia. has a nominee been confirmed in ad- Mr. MCCONNELL. I announce that CLOTURE MOTION vance of a vacancy arising. The nomi- the Senator from Missouri (Mr. BOND), Mr. BENNETT. Mr. President, I send nee is well regarded and supported by the Senator from Ohio (Mr. DEWINE), a cloture motion to the desk. her home State Senators. I congratu- and the Senator from Alaska (Mr. STE- The PRESIDING OFFICER. The clo- late Judge Springmann and her family VENS) are necessarily absent. ture motion having been presented on her confirmation. Mr. REID. I announce that the Sen- Mr. LUGAR. Mr. President, I rise under rule XXII, the Chair directs the ator from North Carolina (Mr. ED- clerk to read the motion. today in support of Theresa WARDS), the Senator from Hawaii (Mr. Springmann who is being considered The assistant legislative clerk read INOUYE), the Senator from Massachu- as follows: for a position on the United States Dis- setts (Mr. KERRY), and the Senator CLOTURE MOTION trict Court of Northern Indiana. from Connecticut (Mr. LIEBERMAN) are Early last year, Judge William Lee necessarily absent. We the undersigned Senators, in accord- and Judge James Moody informed me I further announce that, if present ance with the provisions of Rule XXII of the Standing Rules of the Senate, do hereby of their decisions to assume senior sta- and voting, the Senator from Massa- tus after distinguished careers of pub- move to bring to a close debate on Executive chusetts (Mr. KERRY) would vote Calendar No. 21, the nomination of Miguel A. lic service. Both of these individuals ‘‘aye.’’ are remarkable leaders on the Federal Estrada to be United States Circuit Judge The PRESIDING OFFICER. Are there for the District of Columbia Circuit. bench, and I applaud their leadership any other Senators in the Chamber de- Bill Frist, Orrin G. Hatch, John Ensign, to Indiana and to the legal profession. siring to vote? Sam Brownback, Jim Inhofe, Michael Immediately upon hearing of these The result was announced—yeas 93, B. Enzi, Wayne Allard, Michael Crapo, decisions, I notified the White House nays 0, as follows: Susan M. Collins, Robert F. Bennett, and was asked by the President to help Pete V. Domenici, Conrad R. Burns, find the most qualified candidates to [Rollcall Vote No. 112 Ex.] Kay Bailey Hutchison, John E. fill these two important positions in YEAS—93 Sununu, Norm Coleman, Charles E. Hammond and Fort Wayne. I took this Akaka Chambliss Feingold Grassley. role very seriously and selected the Alexander Clinton Feinstein Mr. BENNETT. Mr. President, I ask Allard Cochran Fitzgerald unanimous consent that the manda- candidates who would best serve the Allen Coleman Frist Northern District of Indiana. Baucus Collins Graham (FL) tory quorum under rule XXII be waived After sharing my selections with my Bayh Conrad Graham (SC) and the Senate resume legislative ses- Bennett Cornyn Grassley friend and colleague Senator EVAN sion. Biden Corzine Gregg BAYH, I submitted the names and appli- Bingaman Craig Hagel The PRESIDING OFFICER. Without cations of three outstanding candidates Boxer Crapo Harkin objection, it is so ordered. to the White House for their consider- Breaux Daschle Hatch Mr. BENNETT. For the information Brownback Dayton Hollings ation. The President recently selected Bunning Dodd Hutchison of all Senators, this cloture vote will Assistant United States Attorney Phil- Burns Dole Inhofe occur on Wednesday. This will be the ip Simon and United States Magistrate Byrd Domenici Jeffords fourth cloture vote with respect to the Theresa Springmann. Campbell Dorgan Johnson Estrada nomination. Unfortunately, in Cantwell Durbin Kennedy Judge Theresa Springmann was the Carper Ensign Kohl my view, this will set a record for clo- first woman to be made partner at Chafee Enzi Kyl ture votes relative to a nomination.

VerDate Jan 31 2003 02:42 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.032 S31PT1 S4554 CONGRESSIONAL RECORD — SENATE March 31, 2003 LEGISLATIVE SESSION Marshallese citizens are fighting with better screening and treatment of The PRESIDING OFFICER. Under the 101st Airborne Division and the breast cancer. Their accomplishments the previous order, the Senate will re- Third Infantry Division, in harm’s way and talent provide inspiration not only turn to legislative session. and approaching Baghdad. The Fed- to the residents of Maryland, but to erated States of Micronesia has hun- people all over the globe. f dreds of its people on active duty. In- My good friend and colleague from MORNING BUSINESS deed, the son of the current President Maryland, Senator BARBARA MIKULSKI, of Micronesia, Leo Falcam, is a Lieu- is a tremendous example of the com- Mr. BENNETT. Mr. President, I ask mitment and dedication women give to unanimous consent that the Senate tenant Colonel with the U.S. Marines and commands an air squadron in Oki- public service. From her background as proceed to a period for morning busi- a social worker to her election to the ness. nawa. Clearly, the Marshall Islands and Micronesia are contributing to the war U.S. Senate, Senator MIKULSKI, who The PRESIDING OFFICER. Without has served longer than any other objection, it is so ordered. effort. The Compact of Free Association has woman currently in the Senate, has al- f guided our relationship with these na- ways worked to ensure those in need receive the critical support services MOCKING PACIFIC ALLIES tions for nearly 20 years. During that time, these nations have been among necessary for them to live independ- Mr. CRAIG. Mr. President, last week, our strongest allies in the United Na- ently and with dignity. She appro- the Washington Post saw fit to print an tions and elsewhere. Their sons and priately played a key role in estab- article entitled ‘‘Many Willing, But daughters have known oppression and lishing this month when in 1981, co- sponsoring a resolution establishing Only A Few Are Able.’’ Ostensibly have volunteered to serve with our citi- National Women’s History Week, a about the U.S. and British-led force of zens to end despotism and terrorism. It predecessor to Women’s History the coalition now fighting in Iraq, the is offensive to read articles like that Month. Today, I wish to honor her Post’s article mocks the sovereign na- published by the Washington Post that tions of the Republic of the Marshall dedication and service to the people of denigrate foreign nations and their Maryland and this Nation. Islands, the Federated States of Micro- citizens in an effort to ridicule Presi- nesia, and the Republic of Palau—three This Women’s History Month is a fit- dent Bush and the administration. ting time to honor the women of the of our country’s most steadfast allies The Post conveniently forgets the in the Western Pacific. This is both of- armed services and recognize the sac- outrages committed by Saddam Hus- rifice they make for our country, espe- fensive and undeserved. As Chairman of sein against the Kurds and the people the Energy and Natural Resources cially in light of the unprecedented of Iraq and now chooses to insult good role women are playing in our military Committee’s subcommittee with re- and decent people who have the cour- sponsibility for our relations with the engagement in Iraq. Approximately 15 age to stand with the United States. percent of all active duty personnel are freely associated states, I would like to As I said, I take issue with this arti- set the record straight. In making this women. From the American Revolution cle. So while the reporter and editor of and the Civil War through modern day statement, I am speaking not only for the Post congratulate themselves on armed conflict, American women have myself but also on behalf of Senator one more cheap and vulgar attack on made sacrifices along side their hus- DOMENICI, the chairman of the Energy the Administration, I would like to bands, sons, brothers and fathers to and Natural Resources Committee. The offer my apology to the thousands of preserve the freedom upon which this citizens of these nations deserve better. citizens in our freely associated states. Nation was founded. At this time, we The Post would have its readers be- We owe them our gratitude for their know that Army Specialist Shoshawna lieve that these Pacific islands are commitment. The Post should be Johnson is being held as a POW in Iraq, nothing more than banana republics. ashamed. and Private First Class Jessica Lynch This is not the case. It is obvious to me f is missing in action. We send our hopes and anyone familiar with the special WOMEN’S HISTORY MONTH and prayers for the safe return of these relationship between our Nations that brave young women, and all of those the Post is unaware of the islands’ his- Mr. SARBANES. Mr. President, I rise serving our country, and want their torical significance and continued role today in recognition of Women’s His- families to know that our thoughts are in our national defense. The Post’s fail- tory Month. This time has been appro- with them during this very difficult ure to learn the most basic facts about priately designated to reflect upon the time. our allies is sloppy and irresponsible. important contributions and heroic Women have made great strides in These islands endured occupation by sacrifices that women have made to overcoming historic adversity and bias Japan under a League of Nation’s Man- our Nation and to consider the chal- but they still face many obstacles. Un- date and then saw some of the blood- lenges they continue to face. Through- equal pay, poverty, inadequate access iest fighting during World War II. It out our history, women have been at to healthcare and violent crime are was the residents of these islands who the forefront of every important move- among the challenges that continue to endured the contests for Enewetak, ment for a better and more just soci- disproportionately affect women. While Pelilieu, and Kwajalein. ety, and they have been the foundation the most recent Census Bureau figures After the War, the islands were of our families and communities. show that the percentage of women placed under the United Nations’ In Maryland, we are proud to honor holding managerial jobs grew from Trusteeship system. The United States those women who have given so much one-third to a high of 46 percent since brought self-government and the devel- to improve our lives. Their achieve- 1983, this figure has not improved since opment of political institutions. The ments illustrate their courage and te- 2001. In addition, women continue to Congress of Micronesia rejected both nacity in conquering what others per- earn less than their male colleagues, integration with the United States and ceive as overwhelming obstacles. They earning only 77.5 percent of every dol- independence in favor of sovereignty include Harriet Elizabeth Brown, civil lar earned by men. Despite these obsta- and free association and Congress over- rights leader, teacher and principal. In cles, women push on. In recent years, whelmingly ratified the Compacts of the 1930s in Calvert County, she fought the poverty rate for single women has Free Association. An important aspect to eliminate pay disparities between declined and more women hold ad- of that relationship is the ability of white and black teachers. Another vanced degrees than ever before. Re- citizens of the freely associated states noteworthy Marylander was Anna Ella cent figures show that women received to attend the United States military Carroll who served as an unofficial ad- approximately 45 percent of law and 42 academies and serve in the United viser and strategist to President Abra- percent of medical degrees awarded in States Armed Services. ham Lincoln in her efforts to preserve this country. This is a dramatic im- As we speak, there are citizens of all the Union during the Civil War. We are provement from a few decades ago and three countries serving in Iraq in every all indebted to Rose Kushner, teacher, should continue as more and more branch of the U.S. military, ready to medical writer, and psychologist, who young women recognize their opportu- make the ultimate sacrifice. worked tirelessly as an advocate for nities are limitless.

VerDate Jan 31 2003 01:25 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.041 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4555 Indeed women continue to make Officers from the Southeast Iowa NATO for these countries. Soon, the great progress. As we highlight their Task Force will tell you stories of sus- Senate will debate whether to approve accomplishments in history this pects they have followed all over the admission for these seven new and vi- month, I believe it is also important to county, stopping at each convenience brant democracies. These countries educate present and future generations store, supermarket, and drug store have thrown off the shackles of com- about gender discrimination so that we they passed to pick up as much cold munism. They are pressing forward, do not repeat past mistakes. During medicine as they could. Not because and I am confident their admission to my service in Congress, I have strongly they were sick, but because they need- NATO will only make that great alli- supported efforts to address women’s ed the ephedrine in these drugs to cook ance stronger and more robust. issues and eradicate gender discrimina- meth. Sometimes it is purchased, but The enlargement process presents a tion and inequality. These include co- just as often it is stolen. These sus- historic opportunity for NATO to sponsoring the Paycheck Fairness Act, pects were followed back to apart- strengthen security and peace, as well the Equity in Prescription Insurance ments, farm houses, motel rooms, or as a significant step toward fulfilling and Contraceptive Coverage Act, and even deserted areas of gravel roads the vision of a Europe whole and free. continually supporting an Equal where the cold medicines were com- The new members have proved willing Rights Amendment to the Constitu- bined with other chemicals like starter and capable of adding value to NATO’s tion. I am proud of these efforts and I flud, anhydrous ammonia, and drain missions, and they strongly reinforce will continue my commitment to bring cleaner solvents for a ‘‘cook’’ of meth- the importance of a trans-Atlantic fuller equality to all women. I am con- amphetamine. This is all too common link. fident that the women of America will anyplace we find meth being cooked by The aspirant members have long con- continue to excel while continuing amateurs using recipes off the Inter- tributed to NATO and allied missions, their role as advocates for those values net. and they will bolster similar NATO and and ideals which are at the heart of a There are several different recipes for allied operations in the future. They decent, caring and fair society. cooking meth. In rural areas, many of have provided logistical support and f the small cooks use a receipt calling troops in combat or peace support mis- NEXT STEPS: MA AND PA for anhydrous ammonia, which is a fer- sions in Western Balkans, Afghanistan, METHAMPHETAMINE LABS tilizer readily available wherever farm- and Iraq. Romania, for example, cur- rently has over 1,300 troops engaged in Mr. GRASSLEY. Mr. President, I rise ing occurs. Other recipes call for the today after hearing several reports of use of red phosphorous, the common in- allied missions, including a combat the continued problem of methamphet- gredient in emergency road flares. But battalion that carries out operations amine production in rural America. all of these recipes need some form of shoulder to shoulder with U.S. forces in Law enforcement must dedicate more ephedrine or pseudoephedrine, a com- Afghanistan, and a NBC unit in Iraq. and more resources to the small, ‘‘ma mon ingredient in cold medicine. Additionally, the Romanian Govern- and pa’’ meth labs. These small labs If we make it more difficult for meth ment will shelter up to 1,500 war refu- pose a threat not only because of the cooks to acquire ephedrine, then it will gees from Iraq if needed. Romania and drugs they produce, but also the seri- be more difficult for them to manufac- Bulgaria are currently providing host ous health and environmental risk ture this poison. Several proposals nation support at the Black Sea air- caused by the production process. have been put forth by the DEA and base and seaport bases. Moreover, Slo- In years past, methamphetamine pro- others which would help control access vakia and the Baltic countries have duction was controlled by skilled to ephedrine products. Many of these provided peacekeeping troops, air sur- chemists or well-educated individuals have merit, and I hope we will continue veillance support, as well as NBC spe- who were paid significant amounts of to pursue these proposals. cialists. money to manufacture the narcotic. One method that could be very effec- I look forward to the debate in the Methamphetamine production at times tive would be to put products con- U.S. Senate on ratification of the pro- took an entire day to produce. Today, taining ephedrine or pseudoephedrine tocols for NATO expansion. NATO ex- with modern technology and the help behind the counter, such as is cur- pansion will prove beneficial to those of information readily available over rently do with cigarettes. Other pro- countries seeking entrance to NATO the Internet, methamphetamine pro- posals would increase the penalties for and the those countries already in the duction can be accomplished within a possession of excessive amounts of pre- alliance. very few hours. Production no longer cursor chemicals for meth. Some quar- f takes a highly skilled individual or ters have suggested collecting names or even social security numbers for ev- TRIBUTE TO GENERAL WALLACE chemist. Recipes for producing meth M. GREENE, JR. can be downloaded off the Internet, eryone who purchases products con- complete with step-by-step instruc- taining ephedrine or pseudoephedrine. Mr. JEFFORDS. Mr. President, I rise tions anyone can follow. These recipes Clearly, each of these proposed solu- today to mourn the passing on March 8, use products available at any number tions brings its own set of challenges. 2003, of GEN Wallace M. Greene, Jr., of of local retail outlets as ingredients, But new steps need to be taken. Waterbury, VT. General Greene served first reducing them to the needed Spending 80 percent of the time on 20 with distinction as Commandant of the chemical components and then recom- percent of the problem is not a way to Marine Corps from 1964 until he retired bining them to produce meth. get ahead. Increasing the difficulty of in 1967. Small cooks, often producing only getting the products needed to do a General Greene was born on Decem- enough meth for themselves and a few small ‘‘cook’’ of meth decreases the ber 27, 1907, in Waterbury, a small city friends, dominate the concerns of rural likelihood these ‘‘cooks’’ will take in central Vermont. He began his aca- law enforcement organizations. Several place at all. While none of these pro- demic career at the University of of the narcotics task forces in Iowa re- posals will stop all of the ma and pa Vermont, and after one year he entered port that while they believe over 80 meth operations, the status quo is not the armed forces at the U.S. Naval percent of the meth within their juris- acceptable. Our cops are being over- Academy, Annapolis, MD, graduating diction comes from outside the State, whelmed, and our kids are dying—we in 1930, commissioned as a Second they spend 80 percent of their time and cannot remain silent. Lieutenant. resources on these small cooks. If we f After Annapolis, General Greene first are going to get ahead of this problem, assignment was the Philadelphia Navy we must change this ratio. SUPPORT FOR NATO EXPANSION Yard and from there, his career took Several years ago we took some im- Ms. LANDRIEU. Mr. President, on him to Portsmouth, NH; San Diego, portant steps in limiting access to March 26, NATO signed the Protocols CA; on board the battleship USS Ten- many of the precursors needed for on the Accession of Bulgaria, Estonia, nessee; Quantico, VA; and Guantanamo meth production. These were good Latvia, Lithuania, Slovakia, Slovenia, Bay, Cuba. During World War II, Gen- steps, and have proven somewhat effec- and Romania. This is an important eral Greene took part in planning the tive. But more needs to be done. step toward the full membership in invasion of the Marshall Islands in 1943

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.020 S31PT1 S4556 CONGRESSIONAL RECORD — SENATE March 31, 2003 and, in 1944, in the Saipan and Tinian Congratulations on your 47 years of tremely fortunate to have MG Edmond operations. independence, and may you find that W. Boenisch, Jr., to head its ranks for After the war, General Greene re- each subsequent year brings further the last 8 years. As the adjutant gen- turned to the Marine Corps Head- peace and prosperity to Tunisia. eral for the State of Wyoming, Ed has quarters and in 1953, he graduated from f been responsible for managing Wyo- the National War College, after which ming’s Air National Guard and Army he served as Special Assistant to the ADDITIONAL STATEMENTS National Guard through over 500 de- Joints Chiefs of Staff for National Se- ployments around the world and insur- curity Affairs. Beginning in 1955, he HONORING THE LIFE OF PHIL ing that our citizen soldiers are highly commanded the bases at Parris Island, KAUBLE motivated and properly prepared to SC, and Camp Lejeune, NC. After hold- meet any challenge. No leader can ex- ∑ ing the post of Deputy Chief of Staff Mr. BAYH. Mr. President, I rise pect to maintain consistently high per- for Plans, General Greene earned his today to honor the life of a fellow Hoo- formance under stress and challenging third star in 1960 and became Chief of sier, Phil Kauble, who passed away on conditions if the people he leads do not Staff. In 1964, after his promotion Gen- March 24, 2003. have confidence in him. I believe that eral, he became Commandant of the Phil Kauble worked and lived in Ko- the Wyoming Guard’s success is a re- Marine Corps. komo, IN. He was the kind of man who flection of General Boenisch’s personal During General Greene’s career, he helped to define that hard-working commitment and dedication to the per- earned myriad citations, commenda- community. Phil was first a steel- sonnel under his command. tions, and awards including the Distin- worker, and later in life a dedicated Through 20 years of service, General guished Service Medal, with one gold crusader for pension reform. Boenisch has brought leadership to Wy- star, and prestigious medals from the Those of us who knew Phil were in- oming’s National Guard. Raised in a governments of China, Korea, Brazil, spired by his commitment to the cause home of solid faith and the son of a and Vietnam. of pension reform. After his career as a drill instructor, Ed learned early to I have come to the Senate floor on steelworker, Phil became dedicated to value self-discipline and moral convic- many occasions to extol Vermonters’ protecting retired steelworkers by tion. Through his life and over 30 years contributions to the United States and fighting to correct a discrepancy in the of marriage, Ed and his wife Linda to our military forces. General Wallace pension laws that had hurt him and have shared their strong faith with Greene served his country and his peo- others when Continental Steel closed their family. The challenges of raising ple with honor, pride, and dignity. Gen- its Kokomo mill in the 1980s. two daughters, Laura and Lisa, and an eral Greene will be laid to rest at Ar- Phil was tireless in his work to cor- ever demanding career have not shaken lington National Cemetery on Thurs- rect this problem. For over 20 years he Ed and Linda’s compass for God, fam- day, April 3, 2003, among the many displayed an unwaivering commitment ily, and country. As Eucharistic Min- other Americans who have dedicated to help his fellow retired steelworkers isters, they both share their spiritu- their lives to public service in the and his community by making the pen- Armed Forces. ality and are vital members of their sion system fairer. One of the many church and community. f consequences of his determination is I would be doing a great disservice if ANNIVERSARY OF TUNISIAN legislation I have authored to require I did not mention Ed’s strong ties to INDEPENDENCE improved notification procedures by the Wyoming education community. the Pension Benefit Guaranty Corpora- Mr. LUGAR. Mr. President, I rise to Before becoming adjutant general, Ed tion, PBGC, a Federal agency that recognize the 47th anniversary of Tuni- spent 20 years working in a variety of oversees the maintenance of benefit sian independence. On March 20, 1956, positions in Laramie County Commu- pension plans, fondly referred to as Tunisia took its place among the free nity College. With a master’s degree in ‘‘Phil’s Bill.’’ nations of the modern era. student personnel and guidance and a Shortly after Tunisia’s independence, Phil never gave up the fight. All who PhD in college student personnel ad- in 1957, the United States stood by Tu- knew him were very proud of his many ministration, Ed has written several nisia in a challenging post-independ- contributions. Phil always believed in books on stress management. After ence environment. Through the pledge the promise of America and the dif- such a long and distinguished career, I of economic and technical assistance, ference one man can make. He truly can attest that General Boenisch the United States helped Tunisia to made a difference. Later today, I will knows a thing or two about managing achieve its national goal of a self-con- be reintroducing ‘‘Phil’s Bill.’’ I know stress. fident and self-sustaining modern na- that he would insist that we push on. Although we will miss General tion. That is what we intend to do. Boenisch, I am proud that he will con- Through the vicissitudes of history Phil Kauble showed us that one per- tinue his public service as deputy di- Tunisia has sustained the hardiness of son can make a difference. His own life rector for the Wyoming Community its Berber forebears as Roman, Vandal, experience led to an extraordinary College Commission. As a warrior and Moor and Ottoman Empires have come commitment to correct a serious gap in a scholar, I know that Gen. Edmond W. and gone. Each has left its cultural the pension system and to help his fel- Boenisch, Jr. will continue after this mark, but today Tunisia stands inde- low citizens. His tenacity and idealism post to be a vital asset to our State. I pendent, and proud of its history. will be missed. would like to thank Ed on behalf of the Today, Tunisia has shown its commit- When we reflect upon the lives of people of Wyoming for his years of ment to democratic ideals as a leader men such as Phil Kauble, we are re- service and wish him success on the in the Arab world in promoting the minded that we live in a country where next stage of his career.∑ the true power to shape the destiny of legal and social status of women. f In this its 47th anniversary of inde- government is vested in the people. We pendence, Tunisia and the United will all miss Phil deeply, but his mem- REPORTS OF COMMITTEES States can look back on a much longer ory will serve as a beacon and his life The following reports of committees and more important relationship. In as an example of the virtues of civic in- were submitted: 1797 Tunisia was among the first coun- volvement.∑ By Mr. GRASSLEY, from the Committee tries to recognize the nascent United f on Finance: States of America. This recognition en- Special Report entitled ‘‘Report on the Ac- abled America to make its way in the RETIREMENT OF ADJUTANT tivities of the Committee on Finance of the international community. In the 21st GENERAL BOENISCH United States Senate During the 107th Con- century, Tunisia has also shown sup- ∑ Mr. THOMAS. Mr. President, I rise gress’’ (Rept. No. 108–31). By Mr. WARNER, from the Committee on port for the United States in the war today to pay tribute to a man from my Armed Services: against terrorism, and our two nations home state of Wyoming who has dedi- Special Report entitled ‘‘Report on the Ac- should seek ways to enhance coopera- cated his life to public service. The Wy- tivities of the Committee on Armed Serv- tion. oming National Guard has been ex- ices’’ (Rept. No. 108–32).

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.028 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4557 NOMINATION DISCHARGED ADDITIONAL COSPONSORS (Mr. HAGEL) was added as a cosponsor As in executive session, I ask unani- S. 50 of S. 271, a bill to amend the Internal mous consent that the Small Business At the request of Mr. JOHNSON, the Revenue Code of 1986 to allow an addi- committee be discharged from further name of the Senator from Maine (Ms. tional advance refunding of bonds consideration of Harry Damelin, to be SNOWE) was added as a cosponsor of S. originally issued to finance govern- Inspector General for the Small Busi- 50, a bill to amend title 38, United mental facilities used for essential gov- ness Administration; I further ask con- States Code, to provide for a guaran- ernmental functions. sent that the nomination be referred to teed adequate level of funding for vet- S. 303 the Governmental Affairs committee erans health care, and for other pur- At the request of Mr. HATCH, the as under a previous agreement, the poses. name of the Senator from New Jersey nomination then be immediately dis- S. 68 (Mr. CORZINE) was added as a cosponsor charged; further the Senate proceed to At the request of Mr. INOUYE, the of S. 303, a bill to prohibit human its consideration, the nomination be name of the Senator from Nevada (Mr. cloning and protect stem cell research. confirmed, and the motion to recon- REID) was added as a cosponsor of S. 68, S. 338 sider be laid upon the table; finally, I a bill to amend title 38, United States At the request of Mr. LAUTENBERG, ask consent that the President be im- Code, to improve benefits for Filipino the name of the Senator from South mediately notified of the Senate’s ac- veterans of World War II, and for other Dakota (Mr. JOHNSON) was added as a tion and the Senate then resume legis- purposes. cosponsor of S. 338, a bill to protect the lative session. S. 85 flying public’s safety and security by f At the request of Mr. LUGAR, the requiring that the air traffic control names of the Senator from Pennsyl- system remain a Government function. INTRODUCTION OF BILLS AND vania (Mr. SANTORUM) and the Senator S. 349 JOINT RESOLUTIONS from Hawaii (Mr. AKAKA) were added as At the request of Mrs. FEINSTEIN, the The following bills and joint resolu- cosponsors of S. 85, a bill to amend the name of the Senator from Vermont Internal Revenue Code of 1986 to pro- tions were introduced, read the first (Mr. JEFFORDS) was added as a cospon- and second times by unanimous con- vide for a charitable deduction for con- sor of S. 349, a bill to amend title II of sent, and referred as indicated: tributions of food inventory. the Social Security Act to repeal the By Mr. DASCHLE (for Mr. EDWARDS): S. 140 Government pension offset and wind- S. 743. A bill to designate a building that At the request of Mrs. FEINSTEIN, the fall elimination provisions. houses the operations of the University Park name of the Senator from Washington S. 358 United States Postal Service in Charlotte, (Ms. CANTWELL) was added as a cospon- North Carolina, as the ‘‘Jim Richardson Post sor of S. 140 , a bill to amend the High- At the request of Mrs. LINCOLN, the Office Building’’; to the Committee on Gov- er Education Act of 1965 to extend loan name of the Senator from Utah (Mr. ernmental Affairs. HATCH) was added as a cosponsor of S. By Mr. BAYH: forgiveness for certain loans to Head Start teachers. 358, a bill to amend the Internal Rev- S. 744. A bill to amend the Employee Re- enue Code of 1986 to modify the credit S. 157 tirement Income Security Act of 1974 to re- for the production of fuel from non- quire the Pension Benefit Guaranty Corpora- At the request of Mr. CORZINE, the conventional sources for the produc- tion to notify plan participants and bene- names of the Senator from Iowa (Mr. tion of electricity to include landfill ficiaries of the commencement of pro- HARKIN), the Senator from Massachu- gas. ceedings to terminate such plan; to the Com- setts (Mr. KERRY) and the Senator from mittee on Health, Education, Labor, and S. 359 Connecticut (Mr. LIEBERMAN) were Pensions. added as cosponsors of S. 157, a bill to At the request of Mrs. LINCOLN, the By Mrs. FEINSTEIN: names of the Senator from Utah (Mr. S. 745. A bill to require the consent of an help protect the public against the individual prior to the sale and marketing of threat of chemical attacks. HATCH) and the Senator from Florida such individual’s personally identifiable in- S. 226 (Mr. NELSON) were added as cosponsors formation, and for other purposes; to the At the request of Mr. BIDEN, the of S. 359, a bill to amend the Internal Committee on the Judiciary. name of the Senator from Oregon (Mr. Revenue Code of 1986 to modify the By Mrs. FEINSTEIN (for herself and SMITH) was added as a cosponsor of S. credit for the production of electricity Mr. KYL): 226, a bill to prohibit an individual to include electricity produced from S. 746. A bill to prevent and respond to ter- municipal solid waste. rorism and crime at or through ports; to the from knowingly opening, maintaining, Committee on Commerce, Science, and managing, controlling, renting, leas- S. 363 Transportation. ing, making available for use, or prof- At the request of Ms. MIKULSKI, the By Mr. WARNER (for himself and Mr. iting from any place for the purpose of name of the Senator from Vermont LEVIN) (by request): manufacturing, distributing, or using (Mr. JEFFORDS) was added as a cospon- S. 747. A bill to authorize appropriations any controlled substance, and for other sor of S. 363, a bill to amend title II of for fiscal year 2004 for military activities of purposes. the Social Security Act to provide that the Department of Defense, to prescribe the reductions in social security bene- military personnel strengths for fiscal year S. 238 2004, and for other purposes; to the Com- At the request of Mr. REED, the name fits which are required in the case of mittee on Armed Services. of the Senator from North Carolina spouses and surviving spouses who are By Mr. SANTORUM (for himself, Mr. (Mr. EDWARDS) was added as a cospon- also receiving certain Government pen- GRAHAM of Florida, and Mr. INHOFE): sor of S. 238, a bill to reauthorize the sions shall be equal to the amount by S. 748. A bill to amend the Internal Rev- Museum and Library Services Act, and which two-thirds of the total amount enue Code of 1986 to make inapplicable the 10 for other purposes. of the combined monthly benefit (be- percent additional tax on early distributions S. 249 fore reduction) and monthly pension from certain pension plans of public safety exceeds $1,200, adjusted for inflation. employees; to the Committee on Finance. At the request of Mrs. CLINTON, the name of the Senator from Connecticut S. 380 f (Mr. LIEBERMAN) was added as a co- At the request of Ms. COLLINS, the SUBMISSION OF CONCURRENT AND sponsor of S. 249, a bill to amend title names of the Senator from Utah (Mr. SENATE RESOLUTIONS 38, United States Code, to provide that HATCH), the Senator from Nebraska The following concurrent resolutions remarriage of the surviving spouse of a (Mr. HAGEL) and the Senator from Ken- and Senate resolutions were read, and deceased veteran after age 55 shall not tucky (Mr. BUNNING) were added as co- referred (or acted upon), as indicated: result in termination of dependency sponsors of S. 380, a bill to amend chap- and indemnity compensation otherwise ter 83 of title 5, United States Code, to By Mr. SPECTER: S. Res. 101. A resolution calling for the payable to that surviving spouse. reform the funding of benefits under prosecution of Iraqis and their supporters for S. 271 the Civil Service Retirement System war crimes, and for other purposes; to the At the request of Mr. SMITH, the for employees of the United States Committee on Foreign Relations. name of the Senator from Nebraska Postal Service, and for other purposes.

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.011 S31PT1 S4558 CONGRESSIONAL RECORD — SENATE March 31, 2003 S. 392 and to assist government agencies in S. 728, a bill to reimburse the airline At the request of Mr. REID, the addressing deficiencies in personnel industry for homeland security costs, names of the Senator from Nevada (Mr. possessing specialized skills important and for other purposes. ENSIGN) and the Senator from Arkan- to national security and incorporating S. 731 sas (Mr. PRYOR) were added as cospon- the goals and strategies for recruit- At the request of Mr. BIDEN, the sors of S. 392, a bill to amend title 10, ment and retention for such skilled names of the Senator from Ohio (Mr. United States Code, to permit retired personnel into the strategic and per- DEWINE) and the Senator from Wis- members of the Armed Forces who formance management systems of Fed- consin (Mr. FEINGOLD) were added as have a service-connected disability to eral agencies. cosponsors of S. 731, a bill to prohibit receive both military retired pay by S. 595 fraud and related activity in connec- reason of their years of military serv- At the request of Mr. HATCH, the tion with authentication features, and ice and disability compensation from names of the Senator from Florida (Mr. for other purposes. the Department of Veterans Affairs for NELSON) and the Senator from Virginia S. 737 their disability. (Mr. WARNER) were added as cosponsors At the request of Mr. DURBIN, the S. 423 of S. 595, a bill to amend the Internal name of the Senator from Louisiana At the request of Ms. COLLINS, the Revenue Code of 1986 to repeal the re- (Ms. LANDRIEU) was added as a cospon- name of the Senator from Minnesota quired use of certain principal repay- sor of S. 737, a bill to amend title 37, (Mr. DAYTON) was added as a cosponsor ments on mortgage subsidy bond United States Code, to increase the of S. 423, a bill to promote health care financings to redeem bonds, to modify rate of imminent danger special pay coverage parity for individuals partici- the purchase price limitation under and the amount of the family separa- pating in legal recreational activities mortgage subsidy bond rules based on tion allowance. or legal transportation activities. median family income, and for other S. RES. 52 S. 505 purposes. At the request of Mr. CAMPBELL, the At the request of Mr. HATCH, the S. 608 name of the Senator from Washington name of the Senator from Minnesota At the request of Mr. REED, the name (Ms. CANTWELL) was added as a cospon- (Mr. DAYTON) was added as a cosponsor of the Senator from New York (Mrs. sor of S. Res. 52, a resolution recog- of S. 505, a bill to amend the Internal CLINTON) was added as a cosponsor of S. nizing the social problem of child abuse Revenue Code of 1986 to encourage and 608, a bill to provide for personnel prep- and neglect, and supporting efforts to accelerate the nationwide production, aration, enhanced support and training enhance public awareness of the prob- retail sale, and consumer use of new for beginning special educators, and lem. motor vehicles that are powered by professional development of special S. RES. 82 fuel cell technology, hybrid tech- educators, general educators, and early At the request of Mr. BROWNBACK, the nology, battery electric technology, al- intervention personnel. name of the Senator from Pennsyl- ternative fuels, or other advanced S. 609 vania (Mr. SANTORUM) was added as a motor vehicle technologies, and for At the request of Mr. LEAHY, the cosponsor of S. Res. 82, a resolution ex- other purposes. name of the Senator from Florida (Mr. pressing the sense of the Senate con- S. 537 GRAHAM) was added as a cosponsor of S. cerning the continuous repression of At the request of Mr. CRAPO, the 609, a bill to amend the Homeland Se- freedoms within Iran and of individual name of the Senator from Montana curity Act of 2002 (Public Law 107–296) human rights abuses, particularly with (Mr. BURNS) was added as a cosponsor to provide for the protection of volun- regard to women. of S. 537, a bill to ensure the avail- tarily furnished confidential informa- f ability of spectrum to amateur radio tion, and for other purposes. operators. STATEMENTS ON INTRODUCED S. 647 BILLS AND JOINT RESOLUTIONS S. 545 At the request of Mr. KENNEDY, the At the request of Ms. SNOWE, the name of the Senator from Nevada (Mr. By Mr. DASCHLE (for Mr. ED- name of the Senator from Mississippi REID) was added as a cosponsor of S. WARDS): (Mr. LOTT) was added as a cosponsor of 647, a bill to amend title 10, United S. 743. A bill to designate a building S. 545, a bill to amend title I of the Em- States Code, to provide for Department that houses the operations of the Uni- ployee Retirement Income Security of Defense funding of continuation of versity Park United States Postal Act of 1974 to improve access and health benefits plan coverage for cer- Service in Charlotte, North Carolina, choice for entrepreneurs with small tain Reserves called or ordered to ac- as the ‘‘Jim Richardson Post Office businesses with respect to medical care tive duty and their dependents, and for Building’’; to the Committee on Gov- for their employees. other purposes. ernmental Affairs. Mr. DASCHLE. Mr. President, I rise S. 547 S. 678 today to introduce the ‘‘James F. Rich- At the request of Mr. DURBIN, the At the request of Mr. AKAKA, the ardson Post Office Act of 2003.’’ This name of the Senator from New York name of the Senator from Utah (Mr. measure would name the University (Mrs. CLINTON) was added as a cospon- HATCH) was added as a cosponsor of S. Park Post Office in Charlotte, NC, sor of S. 547, a bill to encourage energy 678, a bill to amend chapter 10 of title after a man who has come to mean so conservation through bicycling. 39, United States Code, to include post- much to the City of Charlotte, Meck- masters and postmasters organizations S. 569 lenburg County and the State of North in the process for the development and At the request of Mr. ENSIGN, the Carolina. His record of public service planning of certain policies, schedules, names of the Senator from Illinois (Mr. goes back 60 years. and programs, and for other purposes. DURBIN) and the Senator from Massa- A Charlotte native, Jim Richardson chusetts (Mr. KENNEDY) were added as S. 704 graduated from Second War High cosponsors of S. 569, a bill to amend At the request of Ms. COLLINS, the School, the only high school in the title XVIII of the Social Security Act name of the Senator from Nebraska area African Americans were allowed to repeal the medicare outpatient reha- (Mr. NELSON) was added as a cosponsor to attend. In a separate and unequal bilitation therapy caps. of S. 704, a bill to amend title 10, society he learned early on the impor- S. 589 United States Code, to increase the tance of character and serving the pub- At the request of Mr. AKAKA, the amount of the death gratuity payable lic good. Our World War II veterans are name of the Senator from Kansas (Mr. with respect to deceased members of said to be the greatest generation. As BROWNBACK) was added as a cosponsor the Armed Forces. part of that generation Jim Richardson of S. 589, a bill to strengthen and im- S. 728 entered the United States Navy and prove the management of national se- At the request of Mr. COLEMAN, the served our country honorably in the curity, encourage Government service name of the Senator from Georgia (Mr. South Pacific theater during World in areas of critical national security, CHAMBLISS) was added as a cosponsor of War II. It is with character and a deep

VerDate Jan 31 2003 02:42 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.014 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4559 and abiding hope for a better future after the date of enactment of this Act), The Privacy Act would establish a that a man such as Jim Richardson shall be known and designated as the ‘‘Jim Federal privacy standard that adjusts fought for his country only to return to Richardson Post Office Building’’. the level of privacy protection accord- a society that did not afford all that SEC. 2. REFERENCES. ing to the sensitivity of the informa- Any reference in a law, map, regulation, was allowed them under the Constitu- document, paper, or other record of the tion at issue. tion of the United States. United States to the annex to the building The legislation provides the highest After the war, Jim returned to Char- referred to in section 1 shall be deemed to be level of protection for a person’s most lotte and entered Johnson C. Smith a reference to the Jim Richardson Post Of- sensitive data—personal financial data, University. He graduated with a degree fice Building. health data, driver’s license informa- in Physical Education and minored in tion, and Social Security numbers. General Sciences. His Post Office ca- By Mrs. FEINSTEIN: For this sensitive data, the bill gives reer began in 1949 as a postal clerk in S. 745. A bill to require the consent of the individual ultimate control over Charlotte. With the railroads still an individual prior to the sale and mar- whether or not his or her information being the dominant form of trans- keting of such individual’s personally is shared. If an individual does not ac- porting the mail, Jim transferred to identifiable information, and for other tively decide to permit sharing of per- the Railway Postal Service. When he purposes; to the Committee on the Ju- sonal data, the data is not disclosed. returned to the Charlotte Post Office diciary. Specifically, this legislation tightens Mrs. FEINSTEIN. Mr. President, I years later he had risen through the the privacy provisions of the Financial am pleased to introduce the ‘‘Privacy ranks to having held several super- Services Modernization Act, commonly Act of 2003.’’ known as the Gramm-Leach-Bliley visory positions. With 33 years of serv- This legislation would establish, for Act. Under Gramm-Leach-Bliley, a ice in the Federal Government, he re- the first time, a comprehensive na- bank can share a customer’s personal tirement as the US Postmaster in Mt. tional system of privacy protection. Holly, NC. It would: require companies to gain information with other companies so Now, that would be a full career for consumers’ written consent prior to long as it gives consumers notice and most individuals. What I have not men- selling their most sensitive personal the right to opt-out of the data shar- tioned is that Jim Richardson was an information including personal health ing. elected official having served distin- information, financial information, So- The problem with opt-out is that guishably in both the North Carolina cial Security numbers, and drivers’ li- most people toss out their privacy no- State House and State Senate. It was cense data; and require companies to tices from banks along with the rest of here that this man whose family provide consumers’ notice and an op- the unrelenting pile of commercial so- taught him the mantra ‘‘do good for portunity to refuse to allow their less licitations they receive. Since the pas- others and goodness will return to sensitive personal information to be sage of Gramm-Leach-Bliley, banks you’’ continued his advocacy for those sold. have sent out over one billion privacy who needed it most. These were often Simply put, this legislation would notices. the poor, minorities and the elderly. give consumers more control over how According to available published in- Jim’s legislative record reflected his their personal information is used. formation, fewer than 5 percent of life’s experiences. When he retired from The personal information of today’s bank customers have opted out of shar- the State Senate, he was a role model consumer is too vulnerable to abuse. ing their personal information, and for for elected officials of both parties. I With access to sensitive data so widely many financial institutions, the re- include myself as being one who looks available—often just at the touch of a sponse rate has been less than one per- to Jim Richardson not on the issues of keyboard—it is easy to understand why cent. the day, but on the manner in which we identity theft has become one of the It is not surprising that consumers conduct ourselves in the daily business country’s fastest growing crimes. do not respond overwhelmingly to of serving the people who elected us. Recent statistics on the growth of these notices, since, by some esti- Again, you would think this would be identity theft suggest we have no time mates, the average American house- enough public service for most people. to waste in protecting personal pri- hold received a dozen of these notices. Not for Jim. He returned from the vacy. A consumer should not have the burden State Legislature to Charlotte and was Identity theft is the number one con- of constantly monitoring how his or elected as a Mecklenburg County Com- sumer complaint reported to the Fed- her most sensitive personal informa- missioner. I came to know him during eral Trade Commission. American con- tion is shared with other companies. this his third career. When I called on sumers filed approximately 163,000 Accordingly, the Privacy Act pro- him for advice and counsel, he opened identity theft complaints with the FTC hibits the sale or disclosure of sensitive the wealth of his life’s experiences to in 2002. Fully 43 percent of all the com- personal financial information to third me. He also opened his home where I plaints the FTC receives are about parties unless the consumer affirma- stayed during my campaign for the identity theft. tively consents or opts in. Senate seat. I learned from the man An estimated 700,000 cases of identity This legislation also toughens Fed- and about him. He and his wife Mary theft occur each year. The average vic- eral financial privacy laws for affiliate are revered for so many of their con- tim spends an average of 175 hours over sharing and joint marketing. An affil- tributions to the community. Chief a two-year period clearing off an aver- iate is a company that is linked by among them is their work on HIV/AIDS age of $17,000 fraud off their credit re- common ownership with another com- awareness among young people. Their ports. pany. Under Federal law, a bank can hope is to save lives and spare families My own State, California, has more share with affiliates or joint marketing the experience of losing a loved one to victims than any other state. The FTC partners regardless of whether the con- this dreaded disease. recorded 30,738 identity theft cases last sumer wants this information shared. There being no objection the bill was year from California consumers alone. The Privacy Act of 2003 would require ordered to be printed in the RECORD, as While modern technology has in- that banks give consumers the option follows: creased the threat to personal security of opting out of the sharing of their S. 743 and privacy, the protections for indi- personal financial information with the Be it enacted by the Senate and House of Rep- vidual privacy have not kept pace. Our bank’s affiliates or joint partners. resentatives of the United States of America in country’s privacy laws form an incom- Some banks argue that affiliates are Congress assembled, plete and inconsistent patchwork. just branches of an organization, and a SECTION 1. DESIGNATION OF JIM RICHARDSON For example, Americans enjoy the bank should for efficiency purposes be POST OFFICE BUILDING. highest level of privacy protection con- able to share data within the entire or- The building that houses operations of the cerning the names of the movies they ganization. In an era where a bank had University Park United States Postal Serv- ice, located at 2127 Beattys Ford Road, in rent at a video store. But, at the same one or two affiliates, that might be Charlotte, North Carolina (or any other time, it is perfectly legal to sell an- true. building to which the University Park other person’s Social Security number But, now, some companies are so big United States Postal Service may relocate over the Internet. that if a customer has no control over

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.030 S31PT1 S4560 CONGRESSIONAL RECORD — SENATE March 31, 2003 affiliate sharing, then the customer is photograph, image, Social Security tions, the bill permits businesses to unable to prevent the disclosure of number, medical or disability informa- collect and sell nonsensitive personal their data to hundreds of companies. tion—can be disclosed to a third party. information, e.g., name, phone number, For example, in recent testimony be- However, loopholes remain. Other address, to third parties so long as they fore Congress, U.S. PIRG reported that sensitive information found on a driv- give customers notice and the oppor- Citibank has 2,761 affiliates, Key Bank er’s license deserves equal protection. tunity to opt-out of the sale. had 871 affiliates, and Bank of America The Privacy Act would expand the The opt-out standard for non-sen- has 1,576 affiliates. definition of ‘‘highly sensitive informa- sitive information means that if a per- Similarly, a customer must be able tion’’ to include a physical copy of a son fills out a warranty card, signs up to restrict a bank’s sharing of personal driver’s license, the driver identifica- for a computer service, or submits an information with its joint venture tion number, birth date, information entry for a sweepstakes, the business partners if the customer wants to on the driver’s physical characteristics must notify him before it sells his per- maintain control over his personal in- and any biometric identifiers, such as a sonal information to other businesses formation. fingerprint, that are found on the driv- or marketers. I would also like to describe several er’s license. This framework guarantees basic pri- other key components of the financial Thus, this bill would ensure con- vacy protections for consumers with- privacy section. sumers have control over how their out unduly impacting commerce. The bill prohibits banks from deny- motor vehicle records and driver’s li- To further minimize the regulatory ing a customer a financial product or cense data are used. burden of these privacy rules, the bill financial service just because the cus- I would like to take a moment to sets up a safe harbor so that industries tomer chooses to not disclose his per- highlight the Social Security number and industry-sponsored seal programs section of the privacy bill, which re- sonal information to third parties, af- which have already adopted Notice- flects over four years of negotiation filiates, or joint venture partners. How- and-Opt Out information policies, will with Senator HATCH, Senator GREGG, ever, the bill does allow banks to offer be exempt from the regulatory require- Senator GRASSLEY, Senator BAUCUS, incentives to customers to encourage ments of the legislation. and other Senate colleagues. I have them to permit the sharing of their To ensure uniformity of the laws also introduced this section as a stand- personal information. across all 50 states, the bill preempts Additionally, the bill permits banks alone bill, Senate bill 228. It is crucial to protect Social Secu- inconsistent state laws regarding the to disclose, but not sell, personal infor- rity numbers because the numbers are treatment of non-sensitive informa- mation to third parties for vital public the key to a person’s identity. Many tion. interest purposes such as identifying or identity theft cases start with the A jumbled patchwork of State pri- locating missing and abducted chil- theft of a Social Security number. vacy laws helps neither businesses nor dren, witnesses, criminals and fugi- Once a thief has access to a victim’s consumers. Consumers will have con- tives, parents delinquent in child sup- Social Security number, it is only a fused expectations about what informa- port payments, organ and bone marrow short step to acquiring credit cards, tion is protected. Another distinguishing char- donors, pension fund beneficiaries, and driver’s licenses, or other crucial iden- acteristic of the Privacy Act of 2003 is missing heirs. tification documents. Just as with financial data, personal Not surprisingly, members of the that it protects the privacy of informa- health data deserves the most strin- public have flooded our Federal agen- tion regardless of the medium through gent privacy protections. cies with pleas for assistance. Reports which it is collected. The recently adopted Department of to the Social Security Administration Other privacy proposals have tried to Health and Human Services privacy of Social Security number misuse have confine privacy legislation to the regulations set a basic opt-in frame- increased from 7,868 in 1997 to 73,000 in Internet. work for disclosure of health informa- 2002—an astonishing increase of over These proposals unfairly discrimi- tion. But more can be done to protect 800%. nate against high technology users. patient privacy. The Feinstein/Gregg compromise Put simply, companies and other enti- The regulations only prohibit ‘‘cov- bars the sale or display of Social Secu- ties can misuse personal information ered entities’’—namely health insurers, rity numbers to the public except in a from off-line sources just as easily as health providers, and health care clear- very narrow set of circumstances. with on-line sources. inghouses—from selling a patient’s Display or sale is permitted if the So- For example, telemarketers who be- health information without that pa- cial Security number holder consents siege consumers with phone calls dur- tient’s prior consent. or if there are compelling public safety ing the dinner hour do not typically Meanwhile, non-covered entities such needs. get customer information from the as business associates, health research- Government entities will have to re- Internet. Much of the identifying infor- ers, schools or universities, and life in- dact Social Security numbers from mation used to make these calls comes surers are not subject to this opt-in re- electronic records that are readily from consumers filling out and mailing quirement, except through contractual available to the public on the Internet. back warranty and registration cards. arrangements. Moreover, State governments will no Regardless of how information is col- This legislation would preserve the longer be permitted to use the Social lected, it should get equal protection. privacy of health information wherever Security number as the default driver’s This legislation codifies steps Con- the information is sold. Any business license number. gress can take to protect citizens from associate, life insurer, school or non- The legislation, however, recognizes identity thieves and other predators of covered entity trying to sell or market that some industries rely on Social Se- personal information. protected health information would, curity numbers to exchange informa- It restores to an individual more con- like covered entities, have to get the tion between databases and complete trol over his or her most sensitive per- patient’s prior consent. identification verification necessary sonal information such as Social Secu- Drivers’ license data also is given the for certain transactions. rity numbers, health information, and strongest level of protection under this Thus, the bill directs the Attorney financial information. It also sets rea- bill. General to develop regulations allow- sonable guidelines for businesses that With its recent amendments, the ing for the sale or purchase of Social handle our personal information every Driver’s Privacy Protection Act, Security Numbers to facilitate busi- day. DPPA, offers some meaningful protec- ness-to-business and business-to-gov- A byproduct of our information econ- tions for drivers privacy. ernment transactions so long as busi- omy—personal information is much For example, under the DPPA, a nesses put appropriate safeguards in more vulnerable to exploitation than State Department of Motor Vehicles place and do not permit public access ever before. must obtain the prior consent, Opt-in, to the number. Every American has a fundamental of the driver before ‘‘highly sensitive Recognizing that not all personal in- right to privacy, no matter how fast information’’—defined as the driver’s formation merits the same restric- our technology grows or changes. A

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.036 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4561 person should be able to have control Sec. 406. Regulations. (3) REVOCATION OF CONSENT.—After an indi- over how their most sensitive personal Sec. 407. Enforcement. vidual grants consent to the use of that indi- information is used. TITLE V—DRIVER’S LICENSE PRIVACY vidual’s personally identifiable information, the individual may revoke the consent at But our right to privacy only will re- Sec. 501. Driver’s license privacy. any time, except to the extent that the com- main vital, if we take strong action to TITLE VI—MISCELLANEOUS mercial entity has taken action in reliance protect it. Sec. 601. Enforcement by State Attorneys thereon. The commercial entity shall pro- I ask unanimous consent that the General. vide the individual an opportunity to revoke text of the legislation be printed in the Sec. 602. Federal injunctive authority. consent that is easy to use, accessible, and RECORD. TITLE I—COMMERCIAL SALE AND MAR- available in the medium the information was I look forward to working with my KETING OF PERSONALLY IDENTIFIABLE or is collected. colleagues to enact the Privacy Act of INFORMATION (4) NOT APPLICABLE.—This section shall not apply to disclosure of personally identifiable 2003. SEC. 101. COLLECTION AND DISTRIBUTION OF There being no objection, the bill was PERSONALLY IDENTIFIABLE INFOR- information— MATION. (A) that is necessary to facilitate a trans- ordered to be printed in the RECORD, as action specifically requested by the con- follows: (a) PROHIBITION.— (1) IN GENERAL.—It is unlawful for a com- sumer; S. 745 mercial entity to collect personally identifi- (B) is used for the sole purpose of facili- Be it enacted by the Senate and House of Rep- able information and disclose such informa- tating this transaction; and resentatives of the United States of America in tion to any nonaffiliated third party for mar- (C) in which the entity receiving or obtain- Congress assembled, keting purposes or sell such information to ing such information is limited, by contract, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. any nonaffiliated third party, unless the to use such formation for the purpose of completing the transaction. (a) SHORT TITLE.—This Act may be cited as commercial entity provides— the ‘‘Privacy Act of 2003’’. (A) notice to the individual to whom the SEC. 102. ENFORCEMENT. (b) TABLE OF CONTENTS.—The table of con- information relates in accordance with the (a) IN GENERAL.—In accordance with the tents of this Act is as follows: requirements of subsection (b); and provisions of this section, the Federal Trade Sec. 1. Short title; table of contents. (B) an opportunity for such individual to Commission shall have the authority to en- restrict the disclosure or sale of such infor- force any violation of section 101 of this Act. TITLE I—COMMERCIAL SALE AND MAR- mation. (b) VIOLATIONS.—The Federal Trade Com- KETING OF PERSONALLY IDENTIFI- (2) EXCEPTION.—A commercial entity may mission shall treat a violation of section 101 ABLE INFORMATION collect personally identifiable information as a violation of a rule under section Sec. 101. Collection and distribution of per- and use such information to market to po- 18a(a)(1)(B) of the Federal Trade Commission sonally identifiable informa- tential customers such entity’s product. Act (15 U.S.C. 57a(a)(1)(B)). tion. (b) NOTICE.— (c) TRANSFER OF ENFORCEMENT AUTHOR- Sec. 102. Enforcement. (1) IN GENERAL.—A notice under subsection ITY.—The Federal Trade Commission shall Sec. 103. Safe harbor. (a) shall contain statements describing the promulgate rules in accordance with section Sec. 104. Definitions. following: 553 of title 5, United States Code, allowing Sec. 105. Preemption. (A) The identity of the commercial entity for the transfer of enforcement authority Sec. 106. Effective Date. collecting the personally identifiable infor- from the Federal Trade Commission to a TITLE II—SOCIAL SECURITY NUMBER mation. Federal agency regarding section 101 of this MISUSE PREVENTION (B) The types of personally identifiable in- Act. The Federal Trade Commission may Sec. 201. Findings. formation that are being collected on the in- permit a Federal agency to enforce any vio- Sec. 202. Prohibition of the display, sale, or dividual. lation of section 101 if such agency submits purchase of social security (C) How the commercial entity may use a written request to the Commission to en- numbers. such information. force such violations and includes in such re- Sec. 203. Application of prohibition of the (D) A description of the categories of po- quest— display, sale, or purchase of so- tential recipients of such personally identifi- (1) a description of the entities regulated cial security numbers to public able information. by such agency that will be subject to the records. (E) Whether the individual is required to provisions of section 101; Sec. 204. Rulemaking authority of the At- provide personally identifiable information (2) an assurance that such agency has suffi- torney General. in order to do business with the commercial cient authority over the entities to enforce Sec. 205. Treatment of social security num- entity. violations of section 101; and bers on government documents. (F) How an individual may decline to have (3) a list of proposed rules that such agency Sec. 206. Limits on personal disclosure of a such personally identifiable information shall use in regulating such entities and en- social security number for con- used or sold as described in subsection (a). forcing section 101. sumer transactions. (2) TIME OF NOTICE.—Notice shall be con- (d) ACTIONS BY THE COMMISSION.—Absent Sec. 207. Extension of civil monetary pen- veyed prior to the sale or use of the person- transfer of enforcement authority to a Fed- alties for misuse of a social se- ally identifiable information as described in eral agency under subsection (c), the Federal curity number. subsection (a) in such a manner as to allow Trade Commission shall prevent any person Sec. 208. Criminal penalties for the misuse the individual a reasonable period of time to from violating section 101 in the same man- of a social security number. consider the notice and limit such sale or ner, by the same means, and with the same Sec. 209. Civil actions and civil penalties. use. jurisdiction, powers, and duties as provided Sec. 210. Federal injunctive authority. (3) MEDIUM OF NOTICE.—The medium for to such Commission under the Federal Trade TITLE III—LIMITATIONS ON SALE AND providing notice must be— Commission Act (15 U.S.C. 41 et seq.). Any SHARING OF NONPUBLIC PERSONAL FI- (A) the same medium in which the person- entity that violates section 101 is subject to NANCIAL INFORMATION ally identifiable information is or will be the penalties and entitled to the privileges collected, or a medium approved by the indi- and immunities provided in such Act in the Sec. 301. Definition of sale. vidual; or same manner, by the same means, and with Sec. 302. Rules applicable to sale of non- (B) in the case of oral communication, no- the same jurisdiction, power, and duties public personal information. tice may be conveyed orally or in writing. under such Act. Sec. 303. Exceptions to disclosure prohibi- (4) FORM OF NOTICE.—The notice shall be (e) RELATIONSHIP TO OTHER LAWS.— tion. clear and conspicuous. (1) COMMISSION AUTHORITY.—Nothing con- Sec. 304. Conforming amendments. (c) OPT-OUT.— tained in this title shall be construed to Sec. 305. Regulatory authority. (1) OPPORTUNITY TO OPT-OUT OF SALE OR limit authority provided to the Commission Sec. 306. Effective date. MARKETING.—The opportunity provided to under any other law. TITLE IV—LIMITATIONS ON THE PROVI- limit the sale of personally identifiable in- (2) COMMUNICATIONS ACT.—Nothing in sec- SION OF PROTECTED HEALTH INFOR- formation to nonaffiliated third parties or tion 101 requires an operator of a website to MATION the disclosure of such information for mar- take any action that is inconsistent with the Sec. 401. Definitions. keting purposes, shall be easy to use, acces- requirements of section 222 or 631 of the Sec. 402. Prohibition against selling pro- sible and available in the medium the infor- Communications Act of 1934 (47 U.S.C. 222 tected health information. mation is collected, or in a medium approved and 5551). Sec. 403. Authorization for sale or mar- by the individual. (3) OTHER ACTS.—Nothing in this title is in- keting of protected health in- (2) DURATION OF LIMITATION.—An individ- tended to affect the applicability or the en- formation by noncovered enti- ual’s limitation on the sale or marketing of forceability of any provision of, or any ties. personally identifiable information shall be amendment made by— Sec. 404. Prohibition against retaliation. considered permanent, unless otherwise spec- (A) the Children’s Online Privacy Protec- Sec. 405. Rule of construction. ified by the individual. tion Act of 1998 (15 U.S.C. 6501 et seq.);

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G31MR6.038 S31PT1 S4562 CONGRESSIONAL RECORD — SENATE March 31, 2003 (B) title V of the Gramm-Leach-Bliley Act; cluding oral, written, and online commu- steps to stem the abuse of social security (C) the Health Insurance Portability and nication. numbers. Accountability Act of 1996; or (6) NONAFFILIATED THIRD PARTY.—The term (4) The display, sale, or purchase of social (D) the Fair Credit Reporting Act. ‘‘nonaffiliated third party’’ means any entity security numbers in no way facilitates unin- (f) PUBLIC RECORDS.—Nothing in this title that is not related by common ownership or hibited, robust, and wide-open public debate, shall be construed to restrict commercial en- affiliated by corporate control with, the and restrictions on such display, sale, or pur- tities from obtaining or disclosing person- commercial entity, but does not include a chase would not affect public debate. ally identifying information from public joint employee of such institution. (5) No one should seek to profit from the records. (7) PERSONALLY IDENTIFIABLE INFORMA- display, sale, or purchase of social security (g) CIVIL PENALTIES.—In addition to any TION.—The term ‘‘personally identifiable in- numbers in circumstances that create a sub- other penalty applicable to a violation of formation’’ means individually identifiable stantial risk of physical, emotional, or finan- section 101(a), a penalty of up to $25,000 may information about the individual that is col- cial harm to the individuals to whom those be issued for each violation. lected including— numbers are assigned. (h) ENFORCEMENT REGARDING PROGRAMS.— (A) a first, middle, or last name, whether (6) Consequently, this title provides each (1) IN GENERAL.—A Federal agency or de- given at birth or adoption, assumed, or le- individual that has been assigned a social se- partment providing financial assistance to gally changed; curity number some degree of protection any entity required to comply with section (B) a home or other physical address, in- from the display, sale, and purchase of that 101 of this Act shall issue regulations requir- cluding the street name, zip code, and name number in any circumstance that might fa- ing that such entity comply with such sec- of a city or town; cilitate unlawful conduct. tion or forfeit some or all of such assistance. (C) an e-mail address; SEC. 202. PROHIBITION OF THE DISPLAY, SALE, Such regulations shall prescribe sanctions (D) a telephone number; OR PURCHASE OF SOCIAL SECURITY for noncompliance, require that such depart- (E) a photograph or other form of visual NUMBERS. ment or agency provide notice of failure to identification; (a) PROHIBITION.— comply with such section prior to any action (F) a birth date, birth certificate number, (1) IN GENERAL.—Chapter 47 of title 18, being taken against such recipient, and re- or place of birth for that person; or United States Code, is amended by inserting quire that a determination be made prior to (G) information concerning the individual after section 1028 the following: any action being taken against such recipi- that is combined with any other identifier in ent that compliance cannot be secured by this paragraph. ‘‘§ 1028A. Prohibition of the display, sale, or purchase of social security numbers voluntary means. (8) SALE; SELL; SOLD.—The terms ‘‘sale’’, (2) FEDERAL FINANCIAL ASSISTANCE.—The ‘‘sell’’, and ‘‘sold’’, with respect to person- ‘‘(a) DEFINITIONS.—In this section: term ‘‘Federal financial assistance’’ means ally identifiable information, mean the ex- ‘‘(1) DISPLAY.—The term ‘display’ means to assistance through a grant, cooperative changing of such information for any thing intentionally communicate or otherwise agreement, loan, or contract other than a of value, directly or indirectly, including the make available (on the Internet or in any contract of insurance or guaranty. licensing, bartering, or renting of such infor- other manner) to the general public an indi- SEC. 103. SAFE HARBOR. mation. vidual’s social security number. A commercial entity may not be held to (9) WRITING.—The term ‘‘writing’’ means ‘‘(2) PERSON.—The term ‘person’ means any have violated any provision of this title if writing in either a paper-based or computer- individual, partnership, corporation, trust, such entity complies with self-regulatory based form, including electronic and digital estate, cooperative, association, or any other guidelines that— signatures. entity. ‘‘(1) are issued by seal programs or rep- SEC. 105. PREEMPTION. ‘‘(3) PURCHASE.—The term ‘purchase’ resentatives of the marketing or online in- The provisions of this title shall supersede means providing directly or indirectly, any- dustries or by any other person; and any statutory and common law of States and thing of value in exchange for a social secu- ‘‘(2) are approved by the Federal Trade their political subdivisions insofar as that rity number. Commission, after public comment has been law may now or hereafter relate to the— ‘‘(4) SALE.—The term ‘sale’ means obtain- received on such guidelines by the Commis- (1) collection and disclosure of personally ing, directly or indirectly, anything of value sion, as meeting the requirements of this identifiable information for marketing pur- in exchange for a social security number. title. poses; and ‘‘(5) STATE.—The term ‘State’ means any SEC. 104. DEFINITIONS. (2) collection and sale of personally identi- State of the United States, the District of In this title: fiable information. Columbia, Puerto Rico, the Northern Mar- iana Islands, the United States Virgin Is- (1) COMMERCIAL ENTITY.—The term ‘‘com- SEC. 106. EFFECTIVE DATE. mercial entity’’— lands, Guam, American Samoa, and any ter- This title and the amendments made by ritory or possession of the United States. (A) means any person offering products or this title shall take effect 1 year after the ‘‘(b) LIMITATION ON DISPLAY.—Except as services involving commerce— date of enactment of this Act. (i) among the several States or with 1 or provided in section 1028B, no person may dis- more foreign nations; TITLE II—SOCIAL SECURITY NUMBER play any individual’s social security number (ii) in any territory of the United States or MISUSE PREVENTION to the general public without the affirma- in the District of Columbia, or between any SEC. 201. FINDINGS. tively expressed consent of the individual. such territory and— Congress makes the following findings: ‘‘(c) LIMITATION ON SALE OR PURCHASE.— (I) another such territory; or (1) The inappropriate display, sale, or pur- Except as otherwise provided in this section, (II) any State or foreign nation; or chase of social security numbers has contrib- no person may sell or purchase any individ- (iii) between the District of Columbia and uted to a growing range of illegal activities, ual’s social security number without the af- any State, territory, or foreign nation; and including fraud, identity theft, and, in some firmatively expressed consent of the indi- (B) does not include— cases, stalking and other violent crimes. vidual. (i) any nonprofit entity that would other- (2) While financial institutions, health care ‘‘(d) PREREQUISITES FOR CONSENT.—In order wise be exempt from coverage under section providers, and other entities have often used for consent to exist under subsection (b) or 5 of the Federal Trade Commission Act (15 social security numbers to confirm the iden- (c), the person displaying or seeking to dis- U.S.C. 45); tity of an individual, the general display to play, selling or attempting to sell, or pur- (ii) any financial institution that is subject the public, sale, or purchase of these num- chasing or attempting to purchase, an indi- to title V of the Gramm-Leach-Bliley Act (15 bers has been used to commit crimes, and vidual’s social security number shall— U.S.C. 6801 et seq.); or also can result in serious invasions of indi- ‘‘(1) inform the individual of the general (iii) any group health plan, health insur- vidual privacy. purpose for which the number will be used, ance issuer, or other entity that is subject to (3) The Federal Government requires vir- the types of persons to whom the number the Health Insurance Portability and Ac- tually every individual in the United States may be available, and the scope of trans- countability Act of 1996 (42 U.S.C. 201 note). to obtain and maintain a social security actions permitted by the consent; and (2) COMMISSION.—The term ‘‘Commission’’ number in order to pay taxes, to qualify for ‘‘(2) obtain the affirmatively expressed means the Federal Trade Commission. social security benefits, or to seek employ- consent (electronically or in writing) of the (3) INDIVIDUAL.—The term ‘‘individual’’ ment. An unintended consequence of these individual. means a person whose personally identifying requirements is that social security numbers ‘‘(e) EXCEPTIONS.—Nothing in this section information has been, is, or will be collected have become one of the tools that can be shall be construed to prohibit or limit the by a commercial entity. used to facilitate crime, fraud, and invasions display, sale, or purchase of a social security (4) MARKETING.—The term ‘‘marketing’’ of the privacy of the individuals to whom the number— means to make a communication about a numbers are assigned. Because the Federal ‘‘(1) required, authorized, or excepted product or service a purpose of which is to Government created and maintains this sys- under any Federal law; encourage recipients of the communication tem, and because the Federal Government ‘‘(2) for a public health purpose, including to purchase or use the product or service. does not permit individuals to exempt them- the protection of the health or safety of an (5) MEDIUM.—The term ‘‘medium’’ means selves from those requirements, it is appro- individual in an emergency situation; any channel or system of communication in- priate for the Federal Government to take ‘‘(3) for a national security purpose;

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Display, sale, or purchase of public ‘‘(D) Death certificates. ‘‘(5) if the display, sale, or purchase of the records containing social security numbers ‘‘(E) Other short public documents that display a social security number in a routine number is for a use occurring as a result of ‘‘(a) DEFINITION.—In this section, the term an interaction between businesses, govern- ‘public record’ means any governmental and consistent manner on the face of the ments, or business and government (regard- record that is made available to the general document. less of which entity initiates the inter- public. ‘‘(3) CRITERIA FOR ATTORNEY GENERAL RE- action), including, but not limited to— ‘‘(b) IN GENERAL.—Except as provided in VIEW.—In determining whether section 1028A ‘‘(A) the prevention of fraud (including subsections (c), (d), and (e), section 1028A should apply to the records listed in para- fraud in protecting an employee’s right to shall not apply to a public record. graph (2), the Attorney General shall con- employment benefits); ‘‘(c) PUBLIC RECORDS ON THE INTERNET OR IN sider the following: ‘‘(B) the facilitation of credit checks or the AN ELECTRONIC MEDIUM.— ‘‘(A) The cost or burden to the general pub- facilitation of background checks of employ- ‘‘(1) IN GENERAL.—Section 1028A shall apply lic, businesses, commercial enterprises, non- ees, prospective employees, or volunteers; to any public record first posted onto the profit organizations, and to Federal, State, ‘‘(C) the retrieval of other information Internet or provided in an electronic medium and local governments of complying with from other businesses, commercial enter- by, or on behalf of a government entity after section 1028A. prises, government entities, or private non- the date of enactment of this section, except ‘‘(B) The benefit to the general public, profit organizations; or as limited by the Attorney General in ac- businesses, commercial enterprises, non- ‘‘(D) when the transmission of the number cordance with paragraph (2). profit organizations, and to Federal, State, and local governments if the Attorney Gen- is incidental to, and in the course of, the ‘‘(2) EXCEPTION FOR GOVERNMENT ENTITIES eral were to determine that section 1028A sale, lease, franchising, or merger of all, or a ALREADY PLACING PUBLIC RECORDS ON THE should apply to such records.’’. portion of, a business; INTERNET OR IN ELECTRONIC FORM.—Not later ‘‘(6) if the transfer of such a number is part than 60 days after the date of enactment of (2) CONFORMING AMENDMENT.—The chapter analysis for chapter 47 of title 18, United of a data matching program involving a Fed- this section, the Attorney General shall States Code (as amended by section eral, State, or local agency; or issue regulations regarding the applicability 202(a)(2)), is amended by inserting after the ‘‘(7) if such number is required to be sub- of section 1028A to any record of a category item relating to section 1028A the following: mitted as part of the process for applying for of public records first posted onto the Inter- any type of Federal, State, or local govern- net or provided in an electronic medium by, ‘‘1028B. Display, sale, or purchase of public ment benefit or program; or on behalf of a government entity prior to records containing social secu- except that, nothing in this subsection shall the date of enactment of this section. The rity numbers.’’. (b) STUDY AND REPORT ON SOCIAL SECURITY be construed as permitting a professional or regulations will determine which individual NUMBERS IN PUBLIC RECORDS.— commercial user to display or sell a social records within categories of records of these (1) STUDY.—The Comptroller General of the government entities, if any, may continue to security number to the general public. United States shall conduct a study and pre- ‘‘(f) LIMITATION.—Nothing in this section be posted on the Internet or in electronic pare a report on social security numbers in shall prohibit or limit the display, sale, or form after the effective date of this section. public records. In developing the report, the In promulgating these regulations, the At- purchase of social security numbers as per- Comptroller General shall consult with the torney General may include in the regula- mitted under title V of the Gramm-Leach- Administrative Office of the United States tions a set of procedures for implementing Bliley Act, or for the purpose of affiliate Courts, State and local governments that the regulations and shall consider the fol- sharing as permitted under the Fair Credit store, maintain, or disseminate public Reporting Act, except that no entity regu- lowing: records, and other stakeholders, including lated under such Acts may make social secu- ‘‘(A) The cost and availability of tech- members of the private sector who routinely rity numbers available to the general public, nology available to a governmental entity to use public records that contain social secu- as may be determined by the appropriate redact social security numbers from public rity numbers. records first provided in electronic form regulators under such Acts. For purposes of (2) REPORT.—Not later than 1 year after this subsection, the general public shall not after the effective date of this section. the date of enactment of this Act, the Comp- include affiliates or unaffiliated third-party ‘‘(B) The cost or burden to the general pub- troller General of the United States shall business entities as may be defined by the lic, businesses, commercial enterprises, non- submit to Congress a report on the study appropriate regulators.’’. profit organizations, and to Federal, State, conducted under paragraph (1). The report (2) CONFORMING AMENDMENT.—The chapter and local governments of complying with shall include a detailed description of the ac- analysis for chapter 47 of title 18, United section 1028A with respect to such records. tivities and results of the study and rec- States Code, is amended by inserting after ‘‘(C) The benefit to the general public, ommendations for such legislative action as the item relating to section 1028 the fol- businesses, commercial enterprises, non- the Comptroller General considers appro- lowing: profit organizations, and to Federal, State, priate. The report, at a minimum, shall in- ‘‘1028A. Prohibition of the display, sale, or and local governments if the Attorney Gen- clude— purchase of social security eral were to determine that section 1028A (A) a review of the uses of social security numbers.’’. should apply to such records. numbers in non-federal public records; (b) STUDY; REPORT.— Nothing in the regulation shall permit a pub- (B) a review of the manner in which public (1) IN GENERAL.—The Attorney General lic entity to post a category of public records records are stored (with separate reviews for shall conduct a study and prepare a report on on the Internet or in electronic form after both paper records and electronic records); all of the uses of social security numbers the effective date of this section if such cat- (C) a review of the advantages or utility of permitted, required, authorized, or excepted egory had not been placed on the Internet or public records that contain social security under any Federal law. The report shall in- in electronic form prior to such effective numbers, including the utility for law en- clude a detailed description of the uses al- date. forcement, and for the promotion of home- lowed as of the date of enactment of this Act ‘‘(d) HARVESTED SOCIAL SECURITY NUM- land security; and shall evaluate whether such uses should BERS.—Section 1028A shall apply to any pub- (D) a review of the disadvantages or draw- be continued or discontinued by appropriate lic record of a government entity which con- backs of public records that contain social legislative action. tains social security numbers extracted from security numbers, including criminal activ- (2) REPORT.—Not later than 1 year after other public records for the purpose of dis- ity, compromised personal privacy, or the date of enactment of this Act, the Attor- playing or selling such numbers to the gen- threats to homeland security; ney General shall report to Congress findings eral public. (E) the costs and benefits for State and under this subsection. The report shall in- ‘‘(e) ATTORNEY GENERAL RULEMAKING ON local governments of removing social secu- clude such recommendations for legislation PAPER RECORDS.— rity numbers from public records, including based on criteria the Attorney General de- ‘‘(1) IN GENERAL.—Not later than 60 days a review of current technologies and proce- termines to be appropriate. after the date of enactment of this section, dures for removing social security numbers (c) EFFECTIVE DATE.—The amendments the Attorney General shall determine the from public records; and made by this section shall take effect on the feasibility and advisability of applying sec- (F) an assessment of the benefits and costs date that is 30 days after the date on which tion 1028A to the records listed in paragraph to businesses, their customers, and the gen- the final regulations promulgated under sec- (2) when they appear on paper or on another eral public of prohibiting the display of so- tion 5 are published in the Federal Register. nonelectronic medium. If the Attorney Gen- cial security numbers on public records (with SEC. 203. APPLICATION OF PROHIBITION OF THE eral deems it appropriate, the Attorney Gen- separate assessments for both paper records DISPLAY, SALE, OR PURCHASE OF eral may issue regulations applying section and electronic records). SOCIAL SECURITY NUMBERS TO 1028A to such records. (c) EFFECTIVE DATE.—The prohibition with PUBLIC RECORDS. ‘‘(2) LIST OF PAPER AND OTHER NONELEC- respect to electronic versions of new classes (a) PUBLIC RECORDS EXCEPTION.— TRONIC RECORDS.—The records listed in this of public records under section 1028B(b) of (1) IN GENERAL.—Chapter 47 of title 18, paragraph are as follows: title 18, United States Code (as added by sub- United States Code (as amended by section ‘‘(A) Professional or occupational licenses. section (a)(1)) shall not take effect until the

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date that is 60 days after the date of enact- (A) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and ‘‘(c) APPLICATION OF CRIMINAL PENALTIES.— ment of this Act. (B) by adding at the end the following: A violation of this section shall be deemed to SEC. 204. RULEMAKING AUTHORITY OF THE AT- ‘‘(II)(aa) An agency of a State (or political be a violation of section 208(a)(8). TORNEY GENERAL. subdivision thereof), in the administration of ‘‘(d) LIMITATION ON CLASS ACTIONS.—No (a) IN GENERAL.—Except as provided in any driver’s license or motor vehicle reg- class action alleging a violation of this sec- subsection (b), the Attorney General may istration law within its jurisdiction, may not tion shall be maintained under this section prescribe such rules and regulations as the display the social security account numbers by an individual or any private party in Fed- Attorney General deems necessary to carry issued by the Commissioner of Social Secu- eral or State court. out the provisions of section 1028A(e)(5) of rity, or any derivative of such numbers, on ‘‘(e) STATE ATTORNEY GENERAL ENFORCE- title 18, United States Code (as added by sec- the face of any driver’s license or motor ve- MENT.— tion 202(a)(1)). hicle registration or any other document ‘‘(1) IN GENERAL.— (b) DISPLAY, SALE, OR PURCHASE RULE- issued by such State (or political subdivision ‘‘(A) CIVIL ACTIONS.—In any case in which MAKING WITH RESPECT TO INTERACTIONS BE- thereof) to an individual for purposes of iden- the attorney general of a State has reason to TWEEN BUSINESSES, GOVERNMENTS, OR BUSI- tification of such individual. believe that an interest of the residents of NESS AND GOVERNMENT.— ‘‘(bb) Nothing in this subclause shall be that State has been or is threatened or ad- (1) IN GENERAL.—Not later than 1 year after construed as precluding an agency of a State versely affected by the engagement of any the date of enactment of this Act, the Attor- (or political subdivision thereof), in the ad- person in a practice that is prohibited under ney General, in consultation with the Com- ministration of any driver’s license or motor this section, the State, as parens patriae, missioner of Social Security, the Chairman vehicle registration law within its jurisdic- may bring a civil action on behalf of the resi- of the Federal Trade Commission, and such tion, from using a social security account dents of the State in a district court of the other heads of Federal agencies as the Attor- number for an internal use or to link with United States of appropriate jurisdiction ney General determines appropriate, shall the database of an agency of another State to— conduct such rulemaking procedures in ac- that is responsible for the administration of ‘‘(i) enjoin that practice; cordance with subchapter II of chapter 5 of any driver’s license or motor vehicle reg- ‘‘(ii) enforce compliance with such section; title 5, United States Code, as are necessary istration law.’’. ‘‘(iii) obtain damages, restitution, or other to promulgate regulations to implement and (2) EFFECTIVE DATE.—The amendments compensation on behalf of residents of the clarify the uses occurring as a result of an made by this subsection shall apply with re- State; or interaction between businesses, govern- spect to licenses, registrations, and other ‘‘(iv) obtain such other relief as the court ments, or business and government (regard- documents issued or reissued after the date may consider appropriate. less of which entity initiates the interaction) that is 1 year after the date of enactment of ‘‘(B) NOTICE.— permitted under section 1028A(e)(5) of title this Act. ‘‘(i) IN GENERAL.—Before filing an action (c) PROHIBITION OF INMATE ACCESS TO SO- 18, United States Code (as added by section under subparagraph (A), the attorney gen- CIAL SECURITY ACCOUNT NUMBERS.— 202(a)(1)). eral of the State involved shall provide to (1) IN GENERAL.—Section 205(c)(2)(C) of the the Attorney General— (2) FACTORS TO BE CONSIDERED.—In promul- Social Security Act (42 U.S.C. 405(c)(2)(C)) gating the regulations required under para- ‘‘(I) written notice of the action; and (as amended by subsection (b)) is amended by graph (1), the Attorney General shall, at a ‘‘(II) a copy of the complaint for the ac- adding at the end the following: tion. minimum, consider the following: ‘‘(xi) No Federal, State, or local agency (A) The benefit to a particular business, to ‘‘(ii) EXEMPTION.— may employ, or enter into a contract for the ‘‘(I) IN GENERAL.—Clause (i) shall not apply customers of the business, and to the general use or employment of, prisoners in any ca- with respect to the filing of an action by an public of the display, sale, or purchase of an pacity that would allow such prisoners ac- attorney general of a State under this sub- individual’s social security number. cess to the social security account numbers section, if the State attorney general deter- (B) The costs that businesses, customers of of other individuals. For purposes of this mines that it is not feasible to provide the businesses, and the general public may incur clause, the term ‘prisoner’ means an indi- notice described in such subparagraph before as a result of prohibitions on the display, vidual confined in a jail, prison, or other the filing of the action. sale, or purchase of social security numbers. penal institution or correctional facility ‘‘(II) NOTIFICATION.—With respect to an ac- (C) The risk that a particular business pursuant to such individual’s conviction of a tion described in subclause (I), the attorney practice will promote the use of a social se- criminal offense.’’. general of a State shall provide notice and a curity number to commit fraud, deception, (2) EFFECTIVE DATE.—The amendment copy of the complaint to the Attorney Gen- or crime. made by this subsection shall apply with re- eral at the same time as the State attorney (D) The presence of adequate safeguards spect to employment of prisoners, or entry general files the action. and procedures to prevent— into contract with prisoners, after the date ‘‘(2) INTERVENTION.— (i) misuse of social security numbers by that is 1 year after the date of enactment of ‘‘(A) IN GENERAL.—On receiving notice employees within a business; and this Act. under paragraph (1)(B), the Attorney General (ii) misappropriation of social security SEC. 206. LIMITS ON PERSONAL DISCLOSURE OF shall have the right to intervene in the ac- numbers by the general public, while permit- A SOCIAL SECURITY NUMBER FOR tion that is the subject of the notice. ting internal business uses of such numbers. CONSUMER TRANSACTIONS. ‘‘(B) EFFECT OF INTERVENTION.—If the At- (E) The presence of procedures to prevent (a) IN GENERAL.—Part A of title XI of the torney General intervenes in the action identity thieves, stalkers, and other individ- Social Security Act (42 U.S.C. 1301 et seq.) is under paragraph (1), the Attorney General uals with ill intent from posing as legitimate amended by adding at the end the following: shall have the right to be heard with respect businesses to obtain social security numbers. ‘‘SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE to any matter that arises in that action. SEC. 205. TREATMENT OF SOCIAL SECURITY NUM- OF A SOCIAL SECURITY NUMBER ONSTRUCTION BERS ON GOVERNMENT DOCU- FOR CONSUMER TRANSACTIONS. ‘‘(3) C .—For purposes of bring- MENTS. ‘‘(a) IN GENERAL.—A commercial entity ing any civil action under paragraph (1), (a) PROHIBITION OF USE OF SOCIAL SECURITY may not require an individual to provide the nothing in this section shall be construed to ACCOUNT NUMBERS ON CHECKS ISSUED FOR individual’s social security number when prevent an attorney general of a State from PAYMENT BY GOVERNMENTAL AGENCIES.— purchasing a commercial good or service or exercising the powers conferred on such at- (1) IN GENERAL.—Section 205(c)(2)(C) of the deny an individual the good or service for re- torney general by the laws of that State to— Social Security Act (42 U.S.C. 405(c)(2)(C)) is fusing to provide that number except— ‘‘(A) conduct investigations; amended by adding at the end the following: ‘‘(1) for any purpose relating to— ‘‘(B) administer oaths or affirmations; or ‘‘(x) No Federal, State, or local agency ‘‘(A) obtaining a consumer report for any ‘‘(C) compel the attendance of witnesses or may display the social security account purpose permitted under the Fair Credit Re- the production of documentary and other number of any individual, or any derivative porting Act; evidence. of such number, on any check issued for any ‘‘(B) a background check of the individual ‘‘(4) ACTIONS BY THE ATTORNEY GENERAL OF payment by the Federal, State, or local conducted by a landlord, lessor, employer, THE UNITED STATES.—In any case in which an agency.’’. voluntary service agency, or other entity as action is instituted by or on behalf of the At- (2) EFFECTIVE DATE.—The amendment determined by the Attorney General; torney General for violation of a practice made by this subsection shall apply with re- ‘‘(C) law enforcement; or that is prohibited under this section, no spect to violations of section 205(c)(2)(C)(x) ‘‘(D) a Federal, State, or local law require- State may, during the pendency of that ac- of the Social Security Act (42 U.S.C. ment; or tion, institute an action under paragraph (1) 405(c)(2)(C)(x)), as added by paragraph (1), oc- ‘‘(2) if the social security number is nec- against any defendant named in the com- curring after the date that is 3 years after essary to verify the identity of the consumer plaint in that action for violation of that the date of enactment of this Act. to effect, administer, or enforce the specific practice. (b) PROHIBITION OF APPEARANCE OF SOCIAL transaction requested or authorized by the ‘‘(5) VENUE; SERVICE OF PROCESS.— SECURITY ACCOUNT NUMBERS ON DRIVER’S LI- consumer, or to prevent fraud. ‘‘(A) VENUE.—Any action brought under CENSES OR MOTOR VEHICLE REGISTRATION.— ‘‘(b) APPLICATION OF CIVIL MONEY PEN- paragraph (1) may be brought in the district (1) IN GENERAL.—Section 205(c)(2)(C)(vi) of ALTIES.—A violation of this section shall be court of the United States that meets appli- the Social Security Act (42 U.S.C. deemed to be a violation of section cable requirements relating to venue under 405(c)(2)(C)(vi)) is amended— 1129(a)(3)(F). section 1391 of title 28, United States Code.

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‘‘(B) SERVICE OF PROCESS.—In an action for use in determining any initial or con- shall be subject to, in addition to any other brought under paragraph (1), process may be tinuing right to or the amount of monthly penalties that may be prescribed by law, a served in any district in which the defend- insurance benefits under title II or benefits civil money penalty of not more than $5,000 ant— or payments under title VIII or XVI, that the for each violation. Such person shall also be ‘‘(i) is an inhabitant; or person knows or should know is false or mis- subject to an assessment, in lieu of damages ‘‘(ii) may be found. leading; sustained by the United States resulting ‘‘(f) SUNSET.—This section shall not apply ‘‘(2) makes such a statement or representa- from such violation, of not more than twice on or after the date that is 6 years after the tion for such use with knowing disregard for the amount of any benefits or payments paid effective date of this section.’’. the truth; or as a result of such violation.’’. (b) EVALUATION AND REPORT.—Not later ‘‘(3) omits from a statement or representa- (c) CLARIFICATION OF TREATMENT OF RECOV- than the date that is 6 years and 6 months tion for such use, or otherwise withholds dis- ERED AMOUNTS.—Section 1129(e)(2)(B) of the after the date of enactment of this Act, the closure of, a fact which the individual knows Social Security Act (42 U.S.C. 1320a– Attorney General, in consultation with the or should know is material to the determina- 8(e)(2)(B)) is amended by striking ‘‘In the chairman of the Federal Trade Commission, tion of any initial or continuing right to or case of amounts recovered arising out of a shall issue a report evaluating the effective- the amount of monthly insurance benefits determination relating to title VIII or XVI,’’ ness and efficiency of section 1150A of the under title II or benefits or payments under and inserting ‘‘In the case of any other Social Security Act (as added by subsection title VIII or XVI and the individual knows, amounts recovered under this section,’’. (a)) and shall make recommendations to or should know, that the statement or rep- (d) CONFORMING AMENDMENTS.— Congress as to any legislative action deter- resentation with such omission is false or (1) Section 1129(b)(3)(A) of the Social Secu- mined to be necessary or advisable with re- misleading or that the withholding of such rity Act (42 U.S.C. 1320a–8(b)(3)(A)) is amend- spect to such section, including a rec- disclosure is misleading, ed by striking ‘‘charging fraud or false state- ommendation regarding whether to reau- shall be subject to’’. ments’’. thorize such section. (b) APPLICATION OF CIVIL MONEY PENALTIES (2) Section 1129(c)(1) of the Social Security (c) EFFECTIVE DATE.—The amendment TO ELEMENTS OF CRIMINAL VIOLATIONS.—Sec- Act (42 U.S.C. 1320a–8(c)(1)) is amended by made by subsection (a) shall apply to re- tion 1129(a) of the Social Security Act (42 striking ‘‘and representations’’ and inserting quests to provide a social security number U.S.C. 1320a–8(a)), as amended by subsection ‘‘, representations, or actions’’. occurring after the date that is 1 year after (a)(1), is amended— (3) Section 1129(e)(1)(A) of the Social Secu- the date of enactment of this Act. (1) by redesignating paragraph (2) as para- rity Act (42 U.S.C. 1320a–8(e)(1)(A)) is amend- SEC. 207. EXTENSION OF CIVIL MONETARY PEN- graph (4); ed by striking ‘‘statement or representation ALTIES FOR MISUSE OF A SOCIAL (2) by redesignating the last sentence of referred to in subsection (a) was made’’ and SECURITY NUMBER. paragraph (1) as paragraph (2) and inserting inserting ‘‘violation occurred’’. (a) TREATMENT OF WITHHOLDING OF MATE- such paragraph after paragraph (1); and (e) EFFECTIVE DATES.— RIAL FACTS.— (3) by inserting after paragraph (2) (as so (1) IN GENERAL.—Except as provided in (1) CIVIL PENALTIES.—The first sentence of redesignated) the following: paragraph (2), the amendments made by this section 1129(a)(1) of the Social Security Act ‘‘(3) Any person (including an organization, section shall apply with respect to violations (42 U.S.C. 1320a–8(a)(1)) is amended— agency, or other entity) who— of sections 1129 and 1129A of the Social Secu- (A) by striking ‘‘who’’ and inserting ‘‘(A) uses a social security account number rity Act (42 U.S.C. 1320–8 and 1320a–8a), as ‘‘who—’’; that such person knows or should know has amended by this section, committed after (B) by striking ‘‘makes’’ and all that fol- been assigned by the Commissioner of Social the date of enactment of this Act. lows through ‘‘shall be subject to’’ and in- Security (in an exercise of authority under (2) VIOLATIONS BY GOVERNMENT AGENTS IN serting the following: section 205(c)(2) to establish and maintain POSSESSION OF SOCIAL SECURITY NUMBERS.— ‘‘(A) makes, or causes to be made, a state- records) on the basis of false information fur- Section 1129(a)(3)(I) of the Social Security ment or representation of a material fact, nished to the Commissioner by any person; Act (42 U.S.C. 1320a–8(a)(3)(I)), as added by for use in determining any initial or con- ‘‘(B) falsely represents a number to be the subsection (b), shall apply with respect to tinuing right to or the amount of monthly social security account number assigned by violations of that section occurring on or insurance benefits under title II or benefits the Commissioner of Social Security to any after the effective date described in section or payments under title VIII or XVI, that the individual, when such person knows or 202(c). person knows or should know is false or mis- should know that such number is not the so- SEC. 208. CRIMINAL PENALTIES FOR THE MISUSE leading; cial security account number assigned by the OF A SOCIAL SECURITY NUMBER. ‘‘(B) makes such a statement or represen- Commissioner to such individual; (a) PROHIBITION OF WRONGFUL USE AS PER- tation for such use with knowing disregard ‘‘(C) knowingly alters a social security SONAL IDENTIFICATION NUMBER.—No person for the truth; or card issued by the Commissioner of Social may obtain any individual’s social security ‘‘(C) omits from a statement or representa- Security, or possesses such a card with in- number for purposes of locating or identi- tion for such use, or otherwise withholds dis- tent to alter it; fying an individual with the intent to phys- closure of, a fact which the individual knows ‘‘(D) knowingly displays, sells, or pur- ically injure, harm, or use the identity of the or should know is material to the determina- chases a card that is, or purports to be, a individual for any illegal purpose. tion of any initial or continuing right to or card issued by the Commissioner of Social (b) CRIMINAL SANCTIONS.—Section 208(a) of the amount of monthly insurance benefits Security, or possesses such a card with in- the Social Security Act (42 U.S.C. 408(a)) is under title II or benefits or payments under tent to display, purchase, or sell it; amended— title VIII or XVI and the individual knows, ‘‘(E) counterfeits a social security card, or (1) in paragraph (8), by inserting ‘‘or’’ after or should know, that the statement or rep- possesses a counterfeit social security card the semicolon; and resentation with such omission is false or with intent to display, sell, or purchase it; (2) by inserting after paragraph (8) the fol- misleading or that the withholding of such ‘‘(F) discloses, uses, compels the disclosure lowing: disclosure is misleading, of, or knowingly displays, sells, or purchases ‘‘(9) except as provided in subsections (e) shall be subject to’’; the social security account number of any and (f) of section 1028A of title 18, United (C) by inserting ‘‘or each receipt of such person in violation of the laws of the United States Code, knowingly and willfully dis- benefits while withholding disclosure of such States; plays, sells, or purchases (as those terms are fact’’ after ‘‘each such statement or rep- ‘‘(G) with intent to deceive the Commis- defined in section 1028A(a) of title 18, United resentation’’; sioner of Social Security as to such person’s States Code) any individual’s social security (D) by inserting ‘‘or because of such with- true identity (or the true identity of any account number without having met the pre- holding of disclosure of a material fact’’ other person) furnishes or causes to be fur- requisites for consent under section 1028A(d) after ‘‘because of such statement or rep- nished false information to the Commis- of title 18, United States Code; or resentation’’; and sioner with respect to any information re- ‘‘(10) obtains any individual’s social secu- (E) by inserting ‘‘or such a withholding of quired by the Commissioner in connection rity number for the purpose of locating or disclosure’’ after ‘‘such a statement or rep- with the establishment and maintenance of identifying the individual with the intent to resentation’’. the records provided for in section 205(c)(2); injure or to harm that individual, or to use (2) ADMINISTRATIVE PROCEDURE FOR IMPOS- ‘‘(H) offers, for a fee, to acquire for any in- the identity of that individual for an illegal ING PENALTIES.—The first sentence of section dividual, or to assist in acquiring for any in- purpose;’’. 1129A(a) of the Social Security Act (42 U.S.C. dividual, an additional social security ac- SEC. 209. CIVIL ACTIONS AND CIVIL PENALTIES. 1320a–8a(a)) is amended— count number or a number which purports to (a) CIVIL ACTION IN STATE COURTS.— (A) by striking ‘‘who’’ and inserting be a social security account number; or (1) IN GENERAL.—Any individual aggrieved ‘‘who—’’; and ‘‘(I) being an officer or employee of a Fed- by an act of any person in violation of this (B) by striking ‘‘makes’’ and all that fol- eral, State, or local agency in possession of title or any amendments made by this title lows through ‘‘shall be subject to’’ and in- any individual’s social security account may, if otherwise permitted by the laws or serting the following: number, willfully acts or fails to act so as to rules of the court of a State, bring in an ap- ‘‘(1) makes, or causes to be made, a state- cause a violation by such agency of clause propriate court of that State— ment or representation of a material fact, (vi)(II) or (x) of section 205(c)(2)(C), (A) an action to enjoin such violation;

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.033 S31PT1 S4566 CONGRESSIONAL RECORD — SENATE March 31, 2003 (B) an action to recover for actual mone- directly, including the licensing, bartering, tion not be disclosed to such nonaffiliated tary loss from such a violation, or to receive or renting of such information.’’. third party; up to $500 in damages for each such viola- SEC. 302. RULES APPLICABLE TO SALE OF NON- ‘‘(3) the consumer is given an explanation tion, whichever is greater; or PUBLIC PERSONAL INFORMATION. of how the consumer can exercise that non- (C) both such actions. Section 502 of the Gramm-Leach-Bliley Act disclosure option; and It shall be an affirmative defense in any ac- (15 U.S.C. 6802) is amended— ‘‘(4) the financial institution receiving the tion brought under this paragraph that the (1) in the section heading, by inserting nonpublic personal information signs a writ- defendant has established and implemented, ‘‘SALES, AND OTHER SHARING’’ after ‘‘DIS- ten agreement obliging it— with due care, reasonable practices and pro- CLOSURES’’; ‘‘(A) to maintain the confidentiality of the cedures to effectively prevent violations of (2) in subsection (a), by striking ‘‘disclose information; and the regulations prescribed under this title. If to’’ and inserting ‘‘sell or otherwise disclose ‘‘(B) to refrain from using, selling, or oth- the court finds that the defendant willfully to an affiliate or’’; erwise disclosing the information other than or knowingly violated the regulations pre- (3) in subsection (b)— to carry out the joint offering or servicing of scribed under this subsection, the court may, (A) in the subsection heading, by inserting the financial product or financial service that is the subject of the written agree- in its discretion, increase the amount of the ‘‘FOR DISCLOSURES TO AFFILIATES’’ before the award to an amount equal to not more than period; ment.’’. 3 times the amount available under subpara- (B) by striking ‘‘a nonaffiliated third SEC. 303. EXCEPTIONS TO DISCLOSURE PROHIBI- TION. graph (B). party’’ each place that term appears and in- (a) IN GENERAL.—Section 502 of the (2) STATUTE OF LIMITATIONS.—An action serting ‘‘an affiliate’’; Gramm-Leach-Bliley Act (15 U.S.C. 6802), as (C) by striking ‘‘such third party’’ each may be commenced under this subsection amended by this title, is amended by adding place that term appears and inserting ‘‘such not later than the earlier of— at the end the following: (A) 5 years after the date on which the al- affiliate’’; ‘‘(g) GENERAL EXCEPTIONS.—Notwith- leged violation occurred; or (D) by striking ‘‘may not disclose’’ and in- standing any other provision of this section, (B) 3 years after the date on which the al- serting ‘‘may not sell or otherwise disclose’’; this section does not prohibit— leged violation was or should have been rea- and ‘‘(1) the sale or other disclosure of non- sonably discovered by the aggrieved indi- (E) by striking paragraph (2) and inserting public personal information to an affiliate or vidual. the following: a nonaffiliated third party— (3) NONEXCLUSIVE REMEDY.—The remedy ‘‘(2) EXCEPTION.—This subsection shall not ‘‘(A) as necessary to effect, administer, or provided under this subsection shall be in ad- prevent a financial institution from pro- enforce a transaction requested or author- dition to any other remedies available to the viding nonpublic personal information to an ized by the consumer to whom the informa- individual. affiliated third party to perform services for tion pertains, or in connection with— (b) CIVIL PENALTIES.— or functions on behalf of the financial insti- ‘‘(i) servicing or processing a financial (1) IN GENERAL.—Any person who the At- tution, including marketing of the financial product or service requested or authorized by torney General determines has violated any institution’s own products or services, if the the consumer; section of this title or of any amendments financial institution fully discloses the pro- ‘‘(ii) maintaining or servicing the account made by this title shall be subject, in addi- vision of such information and requires the of the consumer with the financial institu- tion to any other penalties that may be pre- affiliate to maintain the confidentiality of tion, or with another entity as part of a pri- scribed by law— such information.’’; vate label credit card program or other ex- (A) to a civil penalty of not more than (4) in subsection (d), by striking ‘‘disclose’’ tension of credit on behalf of such entity; or $5,000 for each such violation; and and inserting ‘‘sell or otherwise disclose’’; ‘‘(iii) a proposed or actual securitization, (B) to a civil penalty of not more than (5) by striking subsection (e); secondary market sale (including sales of $50,000, if the violations have occurred with (6) by redesignating subsections (c) and (d) servicing rights), or similar transaction re- such frequency as to constitute a general as subsections (e) and (f), respectively; and lated to a transaction of the consumer; business practice. (7) by inserting after subsection (b) the fol- ‘‘(B) with the consent or at the direction of (2) DETERMINATION OF VIOLATIONS.—Any lowing: the consumer, in accordance with applicable willful violation committed contempora- ‘‘(c) OPT IN FOR DISCLOSURES TO NON- rules prescribed under this subtitle; neously with respect to the social security AFFILIATED THIRD PARTIES.— ‘‘(C) to the extent specifically permitted or numbers of 2 or more individuals by means of ‘‘(1) AFFIRMATIVE CONSENT REQUIRED.—A fi- required under other provisions of law and in mail, telecommunication, or otherwise, shall nancial institution may not sell or otherwise accordance with the Right to Financial Pri- be treated as a separate violation with re- disclose nonpublic personal information to vacy Act of 1978; or spect to each such individual. any nonaffiliated third party, unless the con- ‘‘(D) to law enforcement agencies (includ- (3) ENFORCEMENT PROCEDURES.—The provi- sumer to whom the information pertains— ing a Federal functional regulator, the Sec- sions of section 1128A of the Social Security ‘‘(A) has affirmatively consented to the retary of the Treasury, with respect to sub- Act (42 U.S.C. 1320a–7a), other than sub- sale or disclosure of such information; and chapter II of chapter 53 of title 31, United sections (a), (b), (f), (h), (i), (j), (m), and (n) ‘‘(B) has not withdrawn the consent. States Code, and chapter 2 of title I of Public and the first sentence of subsection (c) of ‘‘(2) EXCEPTION.—This subsection shall not Law 91–508 (12 U.S.C. 1951–1959), a State in- such section, and the provisions of sub- prevent a financial institution from pro- surance authority, or the Federal Trade sections (d) and (e) of section 205 of such Act viding nonpublic personal information to a Commission), self-regulatory organizations, (42 U.S.C. 405) shall apply to a civil penalty nonaffiliated third party to perform services or for an investigation on a matter related action under this subsection in the same for or functions on behalf of the financial in- to public safety; manner as such provisions apply to a penalty stitution, including marketing of the finan- ‘‘(2) the disclosure, other than the sale, of or proceeding under section 1128A(a) of such cial institution’s own products or services nonpublic personal information to identify Act (42 U.S.C. 1320a–7a(a)), except that, for (subject to subsection (d) with respect to or locate missing and abducted children, wit- purposes of this paragraph, any reference in joint agreements between 2 or more financial nesses, criminals, and fugitives, parties to section 1128A of such Act (42 U.S.C. 1320a–7a) institutions), if the financial institution lawsuits, parents, delinquents in child sup- to the Secretary shall be deemed to be a ref- fully discloses the provision of such informa- port payments, organ and bone marrow do- erence to the Attorney General. tion and enters into a contractual agreement nors, pension fund beneficiaries, and missing SEC. 210. FEDERAL INJUNCTIVE AUTHORITY. with the nonaffiliated third party that re- heirs; or In addition to any other enforcement au- quires that third party to maintain the con- ‘‘(3) the disclosure, other than the sale, of thority conferred under this title or the fidentiality of such information. nonpublic personal information— amendments made by this title, the Federal ‘‘(d) OPT OUT FOR JOINT AGREEMENTS.—A ‘‘(A) to protect the confidentiality or secu- Government shall have injunctive authority financial institution may not sell or other- rity of the records of the financial institu- with respect to any violation by a public en- wise disclose nonpublic personal information tion pertaining to the consumer, the service tity of any provision of this title or of any to a nonaffiliated third party for the purpose or product, or the transaction therein; amendments made by this title. of offering financial products or services pur- ‘‘(B) to protect against or prevent actual suant to a joint agreement between 2 or or potential fraud, unauthorized trans- TITLE III—LIMITATIONS ON SALE AND more financial institutions, unless— actions, claims, or other liability; SHARING OF NONPUBLIC PERSONAL FI- ‘‘(1) the financial institution clearly and ‘‘(C) for required institutional risk control, NANCIAL INFORMATION conspicuously discloses to the consumer to or for resolving customer disputes or inquir- SEC. 301. DEFINITION OF SALE. whom the information pertains, in writing or ies; Section 509 of the Gramm-Leach-Bliley Act in electronic form or other form permitted ‘‘(D) to persons holding a legal or bene- (15 U.S.C. 6809) is amended by adding at the by the regulations prescribed under section ficial interest relating to the consumer; end the following: 504, that such information may be disclosed ‘‘(E) to persons acting in a fiduciary or rep- ‘‘(12) SALE.—The terms ‘sale’, ‘sell’, and to such nonaffiliated third party; resentative capacity on behalf of the con- ‘sold’, with respect to nonpublic personal in- ‘‘(2) the consumer is given the opportunity, sumer; formation, mean the exchange of such infor- before the time that such information is ini- ‘‘(F) to provide information to insurance mation for any thing of value, directly or in- tially disclosed, to direct that such informa- rate advisory organizations, guaranty funds

VerDate Jan 31 2003 02:38 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.033 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4567 or agencies, applicable rating agencies of the the covered entity participates, but other and counseling, service, assessment, or pro- financial institution, persons assessing the than in the capacity of a member of the cedure with respect to the physical or men- compliance of the institution with industry workforce of such covered entity or arrange- tal condition, or functional status, of an in- standards, or the attorneys, accountants, or ment, performs, or assists in the perform- dividual or that affects the structure or auditors of the institution; ance of— function of the body. ‘‘(G) to a consumer reporting agency, in (I) a function or activity involving the use (B) The sale or dispensing of a drug, device, accordance with the Fair Credit Reporting or disclosure of individually identifiable equipment, or other item in accordance with Act or from a consumer report reported by a health information, including claims proc- a prescription. consumer reporting agency, as those terms essing or administration, data analysis, (7) HEALTH CARE CLEARINGHOUSE.—The are defined in that Act; processing or administration, utilization re- term ‘‘health care clearinghouse’’ means a ‘‘(H) in connection with a proposed or ac- view, quality assurance, billing, benefit man- public or private entity, including a billing tual sale, merger, transfer, or exchange of all agement, practice management, and repric- service, repricing company, community or a portion of a business or operating unit ing; or health management information system or if the disclosure of nonpublic personal infor- (II) any other function or activity regu- community health information system, and mation concerns solely consumers of such lated under subchapter C of title 45, Code of value-added networks and switches, that— business or unit; Federal Regulations; or (A) processes or facilitates the processing ‘‘(I) to comply with Federal, State, or local (ii) provides, other than in the capacity of of health information received from another laws, rules, or other applicable legal require- a member of the workforce of such covered entity in a nonstandard format or containing entity, legal, actuarial, accounting, con- ments, or with a properly authorized civil, nonstandard data content into standard data sulting, data aggregation (as defined in sec- criminal, or regulatory investigation or sub- elements or a standard transaction; or tion 164.501 of title 45, Code of Federal Regu- poena or summons by Federal, State, or (B) receives a standard transaction from lations), management, administrative, ac- local authorities; or another entity and processes or facilitates creditation, or financial services to or for ‘‘(J) to respond to judicial process or gov- the processing of health information into such covered entity, or to or for an organized ernment regulatory authorities having juris- nonstandard format or nonstandard data health care arrangement in which the cov- diction over the financial institution for ex- content for the receiving entity. ered entity participates, where the provision amination, compliance, or other purposes, as (8) HEALTH CARE PROVIDER.—The term authorized by law. of the service involves the disclosure of indi- vidually identifiable health information ‘‘health care provider’’ has the meaning ‘‘(h) DENIAL OF SERVICE PROHIBITED.—A fi- given the terms ‘‘provider of services’’ and nancial institution may not deny any con- from such covered entity or arrangement, or from another business associate of such cov- ‘‘provider of medical or health services’’ in sumer a financial product or a financial serv- subsections (u) and (s) of section 1861 of the ice as a result of the refusal by the consumer ered entity or arrangement, to the person. (B) LIMITATIONS.— Social Security Act (42 U.S.C. 1395x), respec- to grant consent to disclosure under this sec- tively, and includes any other person or or- tion or the exercise by the consumer of a (i) IN GENERAL.—A covered entity partici- pating in an organized health care arrange- ganization who furnishes, bills, or is paid for nondisclosure option under this section, ex- health care in the normal course of business. cept that nothing in this subsection may be ment that performs a function or activity as (9) HEALTH INFORMATION.—The term construed to prohibit a financial institution described by subparagraph (A)(i) for or on be- half of such organized health care arrange- ‘‘health information’’ means any informa- from offering incentives to elicit consumer tion, whether oral or recorded in any form or consent to the use of his or her nonpublic ment, or that provides a service as described in subparagraph (A)(ii) to or for such orga- medium, that— personal information.’’. (A) is created or received by a health care (b) REPEAL OF REGULATORY EXEMPTION AU- nized health care arrangement, does not, provider, health plan, public health author- THORITY.—Section 504 of the Gramm-Leach- simply through the performance of such ity, employer, life insurer, school or univer- Bliley Act (15 U.S.C. 6804) is amended— function or activity or the provision of such sity, or health care clearinghouse; and (1) by striking subsection (b); service, become a business associate of other (B) relates to the past, present, or future (2) by striking ‘‘(a) REGULATORY AUTHOR- covered entities participating in such orga- physical or mental health or condition of an ITY.—’’; nized health care arrangement. individual; the provision of health care to an (3) by redesignating paragraphs (1), (2), and (ii) LIMITATION.—A covered entity may be a individual; or the past, present, or future (3) as subsections (a), (b), and (c), respec- business associate of another covered entity. payment for the provision of health care to tively, and moving the margins 2 ems to the (2) COVERED ENTITY.—The term ‘‘covered an individual. left; and entity’’ means— (10) HEALTH INSURANCE ISSUER.—The term (4) by striking ‘‘paragraph (1)’’ and insert- (A) a health plan; ‘‘health insurance issuer’’ means a health in- ing ‘‘subsection (a)’’. (B) a health care clearinghouse; and (C) a health care provider who transmits surance issuer (as defined in section SEC. 304. CONFORMING AMENDMENTS. any health information in electronic form in 2791(b)(2) of the Public Health Service Act, 42 Title V of the Gramm-Leach-Bliley Act (15 connection with a transaction covered by U.S.C. 300gg–91(b)(2)) and used in the defini- U.S.C. 6801 et seq.) is amended— parts 160 through 164 of title 45, Code of Fed- tion of health plan in this section and in- (1) in section 503(b)(1) (15 U.S.C. eral Regulations. cludes an insurance company, insurance 6803(b)(1))— (3) DISCLOSURE.—The term ‘‘disclosure’’ service, or insurance organization (including (A) by inserting ‘‘affiliates and’’ before means the release, transfer, provision of ac- an HMO) that is licensed to engage in the ‘‘nonaffiliated’’; and cess to, or divulging in any other manner of business of insurance in a State and is sub- (B) in subparagraph (A), by striking information outside the entity holding the ject to State law that regulates insurance. ‘‘502(e)’’ and inserting ‘‘502(g)’’; and information. Such term does not include a group health (2) in section 509(3)(D) (15 U.S.C. 6809(3)(D)), (4) EMPLOYER.—The term ‘‘employer’’ has plan. by striking ‘‘502(e)(1)(C)’’ and inserting the meaning given that term in section (11) HEALTH MAINTENANCE ORGANIZATION.— ‘‘502(g)(1)(A)(iii)’’. 3401(d) of the Internal Revenue Code of 1986. The term ‘‘health maintenance organiza- SEC. 305. REGULATORY AUTHORITY. (5) GROUP HEALTH PLAN.—The term ‘‘group tion’’ (HMO) (as defined in section 2791(b)(3) Not later than 6 months after the date of health plan’’ means an employee welfare of the Public Health Service Act, 42 U.S.C. enactment of this Act, the agencies referred benefit plan (as defined in section 3(1) of the 300gg–91 (b)(3)) and used in the definition of to in section 504(a)(1) of the Gramm-Leach- Employee Retirement Income and Security health plan in this section, means a federally Bliley Act (15 U.S.C. 6804(a)(1)) shall promul- Act of 1974 (29 U.S.C. 1002(1)), including in- qualified HMO, an organization recognized as gate final regulations in accordance with sured and self-insured plans, to the extent an HMO under State law, or a similar organi- that section 504 to carry out the amend- that the plan provides medical care (as de- zation regulated for solvency under State ments made by this Act. fined in section 2791(a)(2) of the Public law in the same manner and to the same ex- SEC. 306. EFFECTIVE DATE. Health Service Act, 42 U.S.C. 300gg–91(a)(2)), tent as such an HMO. This title and the amendments made by including items and services paid for as med- (12) HEALTH OVERSIGHT AGENCY.—The term this title shall take effect 6 months after the ical care, to employees or their dependents ‘‘health oversight agency’’ means an agency date of enactment of this Act. directly or through insurance, reimburse- or authority of the United States, a State, a TITLE IV—LIMITATIONS ON THE PROVI- ment, or otherwise, that— territory, a political subdivision of a State SION OF PROTECTED HEALTH INFOR- (A) has 50 or more participants (as defined or territory, or an Indian tribe, or a person MATION in section 3(7) of Employee Retirement In- or entity acting under a grant of authority SEC. 401. DEFINITIONS. come and Security Act of 1974, 29 U.S.C. from or contract with such public agency, in- In this title: 1002(7)); or cluding the employees or agents of such pub- (1) BUSINESS ASSOCIATE.— (B) is administered by an entity other than lic agency or its contractors or persons or (A) IN GENERAL.—Except as provided in the employer that established and maintains entities to whom it has granted authority, subparagraph (B), the term ‘‘business asso- the plan. that is authorized by law to oversee the ciate’’ means, with respect to a covered enti- (6) HEALTH CARE.—The term ‘‘health care’’ health care system (whether public or pri- ty, a person who— includes, but is not limited to, the following: vate) or government programs in which (i) on behalf of such covered entity or of an (A) Preventive, diagnostic, therapeutic, re- health information is necessary to determine organized health care arrangement in which habilitative, maintenance, or palliative care eligibility or compliance, or to enforce civil

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.034 S31PT1 S4568 CONGRESSIONAL RECORD — SENATE March 31, 2003 rights laws for which health information is individual, or the past, present, or future health information created or received by relevant. payment for the provision of health care to such health insurance issuers or HMOs that (13) HEALTH PLAN.—The term ‘‘health plan’’ an individual; and relates to individuals who are or have been means an individual or group plan that pro- (ii)(I) identifies an individual; or participants or beneficiaries in any of such vides, or pays the cost of, medical care, as (II) with respect to which there is a reason- group health plans. defined in section 2791(a)(2) of the Public able basis to believe that the information (20) PROTECTED HEALTH INFORMATION.— Health Service Act (42 U.S.C. 300gg– can be used to identify an individual. (A) IN GENERAL.—The term ‘‘protected 91(a)(2))— (15) LAW ENFORCEMENT OFFICIAL.—The term health information’’ means individually (A) including, singly or in combination— ‘‘law enforcement official’’ means an officer identifiable health information that, except (i) a group health plan; or employee of any agency or authority of as provided in subparagraph (B), is— (ii) a health insurance issuer; the United States, a State, a territory, a po- (i) transmitted by electronic media; (iii) an HMO; litical subdivision of a State or territory, or (ii) maintained in any medium described in (iv) part A or B of the medicare program an Indian tribe, who is empowered by law the definition of electronic media in section under title XVIII of the Social Security Act to— 162.103 of title 45, Code of Federal Regula- (42 U.S.C. 1395 et seq.); (A) investigate or conduct an official in- tions; or (v) the medicaid program under title XIX quiry into a potential violation of law; or (iii) transmitted or maintained in any of the Social Security Act (42 U.S.C. 1396 et (B) prosecute or otherwise conduct a crimi- other form or medium. seq.); nal, civil, or administrative proceeding aris- (B) EXCLUSIONS.—Such term does not in- (vi) an issuer of a medicare supplemental ing from an alleged violation of law. clude individually identifiable health infor- policy (as defined in section 1882(g)(1) of the (16) LIFE INSURER.—The term ‘‘life insurer’’ mation in— Social Security Act, 42 U.S.C. 1395ss(g)(1)); means a life insurance company (as defined (i) education records covered by the Fam- (vii) an issuer of a long-term care policy, in section 816 of the Internal Revenue Code ily Educational Rights and Privacy Act of excluding a nursing home fixed-indemnity of 1986), including the employees and agents 1974 (section 444 of the General Education policy; of such company. Provisions Act (20 U.S.C. 1232g)); (viii) an employee welfare benefit plan or (17) MARKETING.—The term ‘‘marketing’’ (ii) records described in subsection any other arrangement that is established or means to make a communication about a (a)(4)(B)(iv) of that Act; or maintained for the purpose of offering or product or service that encourages recipients (iii) employment records held by a covered providing health benefits to the employees of of the communication to purchase or use the entity in its role as an employer. 2 or more employers; product or service. (21) PUBLIC HEALTH AUTHORITY.—The term (ix) the health care program for active (18) NONCOVERED ENTITY.—The term ‘‘non- ‘‘public health authority’’ means an agency military personnel under title 10, United covered entity’’ means any person or public or authority of the United States, a State, a States Code; or private entity that is not a covered enti- territory, a political subdivision of a State (x) the veterans health care program under ty, including but not limited to a business or territory, or an Indian tribe, or a person chapter 17 of title 38, United States Code; associate of a covered entity, a covered enti- or entity acting under a grant of authority (xi) the Civilian Health and Medical Pro- ty if such covered entity is acting as a busi- from or contract with such public agency, in- gram of the Uniformed Services (CHAMPUS) ness associate, a health researcher, school or cluding employees or agents of such public (as defined in section 1072(4) of title 10, university, life insurer, employer, public agency or its contractors or persons or enti- United States Code); health authority, health oversight agency, ties to whom it has granted authority, that (xii) the Indian Health Service program or law enforcement official, or any person is responsible for public health matters as under the Indian Health Care Improvement acting as an agent of such entities or per- part of its official mandate. Act (25 U.S.C. 1601 et seq.); sons. (22) SCHOOL OR UNIVERSITY.—The term (xiii) the Federal Employees Health Bene- (19) ORGANIZED HEALTH CARE ARRANGE- ‘‘school or university’’ means an institution fits Program under chapter 89 of title 5, MENT.—The term ‘‘organized health care ar- or place for instruction or education, includ- United States Code; rangement’’ means— ing an elementary school, secondary school, (xiv) an approved State child health plan (A) a clinically integrated care setting in or institution of higher learning, a college, under title XXI of the Social Security Act which individuals typically receive health or an assemblage of colleges united under 1 (42 U.S.C. 1397aa et seq.), providing benefits care from more than 1 health care provider; corporate organization or government. for child health assistance that meet the re- (B) an organized system of health care in (23) SECRETARY.—The term ‘‘Secretary’’ quirements of section 2103 of such Act (42 which more than 1 covered entity partici- means the Secretary of Health and Human U.S.C. 1397cc); pates, and in which the participating covered Services. (xv) the Medicare+Choice program under entities— (24) SALE; SELL; SOLD.—The terms ‘‘sale’’, part C of title XVIII of the Social Security (i) hold themselves out to the public as ‘‘sell’’, and ‘‘sold’’, with respect to protected Act (42 U.S.C. 1395w–21 et seq.); participating in a joint arrangement; and health information, mean the exchange of (xvi) a high risk pool that is a mechanism (ii) participate in joint activities including such information for anything of value, di- established under State law to provide at least— rectly or indirectly, including the licensing, health insurance coverage or comparable (I) utilization review, in which health care bartering, or renting of such information. coverage to eligible individuals; and decisions by participating covered entities (25) USE.—The term ‘‘use’’ means, with re- (xvii) any other individual or group plan, are reviewed by other participating covered spect to individually identifiable health in- or combination of individual or group plans, entities or by a third party on their behalf; formation, the sharing, employment, appli- that provides or pays for the cost of medical (II) quality assessment and improvement cation, utilization, examination, or analysis care (as defined in section 2791(a)(2) of the activities, in which treatment provided by of such information within an entity that Public Health Service Act (42 U.S.C. 300gg– participating covered entities is assessed by maintains such information. 91(a)(2)); and other participating covered entities or by a (26) WRITING.—The term ‘‘writing’’ means (B) excluding— third party on their behalf; or writing in either a paper-based or computer- (i) any policy, plan, or program to the ex- (III) payment activities, if the financial based form, including electronic and digital tent that it provides, or pays for the cost of, risk for delivering health care is shared, in signatures. excepted benefits that are listed in section part or in whole, by participating covered SEC. 402. PROHIBITION AGAINST SELLING PRO- 2791(c)(1) of the Public Health Service Act (42 entities through the joint arrangement and TECTED HEALTH INFORMATION. U.S.C. 300gg–91(c)(1)); and if protected health information created or (a) VALID AUTHORIZATION REQUIRED.— (ii) a government-funded program (other received by a covered entity is reviewed by (1) IN GENERAL.—A noncovered entity shall than 1 listed in clause (i) through (xvi) of other participating covered entities or by a not sell the protected health information of subparagraph (A)), whose principal purpose third party on their behalf for the purpose of an individual or use such information for is other than providing, or paying the cost administering the sharing of financial risk; marketing purposes without an authoriza- of, health care, or whose principal activity is (C) a group health plan and a health insur- tion that is valid under section 403. When a the direct provision of health care to per- ance issuer or HMO with respect to such noncovered entity obtains or receives au- sons, or the making of grants to fund the di- group health plan, but only with respect to thorization to sell such information, such rect provision of health care to persons. protected health information created or re- sale must be consistent with such authoriza- (14) INDIVIDUALLY IDENTIFIABLE HEALTH IN- ceived by such health insurance issuer or tion. FORMATION.—The term ‘‘individually identifi- HMO that relates to individuals who are or (2) NO DUPLICATE AUTHORIZATION RE- able health information’’ means information who have been participants or beneficiaries QUIRED.—Nothing in paragraph (1) shall be that is a subset of health information, in- in such group health plan; construed as requiring a noncovered entity cluding demographic information collected (D) a group health plan and 1 or more other that receives from a covered entity an au- from an individual, that— group health plans each of which are main- thorization that is valid under section 403 to (A) is created or received by a covered enti- tained by the same plan sponsor; or obtain a separate authorization from an indi- ty or employer; and (E) the group health plans described in sub- vidual before the sale or use of the individ- (B)(i) relates to the past, present, or future paragraph (D) and health insurance issuers ual’s protected health information so long as physical or mental health or condition of an or HMOs with respect to such group health the sale or use of the information is con- individual, the provision of health care to an plans, but only with respect to protected sistent with the terms of the authorization.

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(b) SCOPE.—A sale of protected health in- writing and the exceptions to the right to re- a hearing by the Secretary upon request formation as described under subsection (a) voke, and a description of the procedure in- made within 30 days after the date of the shall be limited to the minimum amount of volved in such revocation; issuance of a notice of assessment. In such information necessary to accomplish the (F) be in writing and include the signature hearing the decision shall be made on the purpose for which the sale is made. of the individual and the date, or if the au- record pursuant to section 554 of title 5, (c) PURPOSE.—A recipient of information thorization is signed by a personal represent- United States Code. If no hearing is re- sold pursuant to this title may use or dis- ative of the individual, a description of such quested, the assessment shall constitute a close such information solely to carry out representative’s authority to act for the in- final and unappealable order. the purpose for which the information was dividual; and (2) HEARING PROCEDURE.—If a hearing is re- sold. (G) include a statement explaining the pur- quested, the initial agency decision shall be (d) NOT REQUIRED.—Nothing in this title pose for which such information is sold. made by an administrative law judge, and permitting the sale of protected health infor- (2) PLAIN LANGUAGE.—The authorization such decision shall become the final order mation shall be construed to require such shall be written in plain language. unless the Secretary modifies or vacates the sale. (f) NOTICE.— decision. Notice of intent to modify or va- (e) IDENTIFICATION OF INFORMATION AS PRO- (1) IN GENERAL.—The authorization shall cate the decision of the administrative law TECTED HEALTH INFORMATION.—Information sold pursuant to this title shall be clearly include a statement that the individual judge shall be issued to the parties within 30 identified as protected health information. may— days after the date of the decision of the (f) NO WAIVER.—Except as provided in this (A) inspect or copy the protected health in- judge. A final order which takes effect under title, an individual’s authorization to sell formation to be sold; and this paragraph shall be subject to review protected health information shall not be (B) refuse to sign the authorization. only as provided under subsection (d). construed as a waiver of any rights that the (2) COPY TO THE INDIVIDUAL.—A noncovered (d) JUDICIAL REVIEW.— individual has under other Federal or State entity shall provide the individual with a (1) FILING OF ACTION FOR REVIEW.—Any en- laws, the rules of evidence, or common law. copy of the signed authorization. tity against whom an order imposing a civil SEC. 403. AUTHORIZATION FOR SALE OR MAR- (g) MODEL AUTHORIZATIONS.—The Sec- money penalty has been entered after an KETING OF PROTECTED HEALTH IN- retary, after notice and opportunity for pub- agency hearing under this section may ob- FORMATION BY NONCOVERED ENTI- lic comment, shall develop and disseminate tain review by the United States district TIES. model written authorizations of the type de- court for any district in which such entity is (a) VALID AUTHORIZATION.—A valid author- scribed in this section and model statements located or the United States District Court ization is a document that complies with all of the limitations on such authorizations. for the District of Columbia by filing a no- requirements of this section. Such authoriza- Any authorization obtained on a model au- tice of appeal in such court within 30 days tion may include additional information not thorization form developed by the Secretary from the date of such order, and simulta- required under this section, provided that pursuant to the preceding sentence shall be neously sending a copy of such notice by reg- such information is not inconsistent with deemed to satisfy the requirements of this istered mail to the Secretary. the requirements of this section. section. (2) CERTIFICATION OF ADMINISTRATIVE (b) DEFECTIVE AUTHORIZATION.—An author- (h) NONCOERCION.—A covered entity or non- RECORD.—The Secretary shall promptly cer- ization is not valid, if the document sub- covered entity shall not condition the pur- tify and file in such court the record upon mitted has any of the following defects: chase of a product or the provision of a serv- which the penalty was imposed. (1) The expiration date has passed or the ice to an individual based on whether such (3) STANDARD FOR REVIEW.—The findings of expiration event is known by the noncovered individual provides an authorization to such the Secretary shall be set aside only if found entity to have occurred. entity as described in this section. to be unsupported by substantial evidence as (2) The authorization has not been filled SEC. 404. PROHIBITION AGAINST RETALIATION. provided by section 706(2)(E) of title 5, out completely, with respect to an element A noncovered entity that collects pro- United States Code. described in subsections (e) and (f). tected health information, may not ad- (4) APPEAL.—Any final decision, order, or (3) The authorization is known by the non- versely affect another person, directly or in- judgment of the district court concerning covered entity to have been revoked. directly, because such person has exercised a such review shall be subject to appeal as pro- (4) The authorization lacks an element re- right under this title, disclosed information vided in chapter 83 of title 28 of such Code. quired by subsections (e) and (f). relating to a possible violation of this title, (e) FAILURE TO PAY ASSESSMENT; MAINTE- (5) Any material information in the au- or associated with, or assisted, a person in NANCE OF ACTION.— thorization is known by the noncovered enti- the exercise of a right under this title. (1) FAILURE TO PAY ASSESSMENT.—If any en- ty to be false. SEC. 405. RULE OF CONSTRUCTION. tity fails to pay an assessment after it has (c) REVOCATION OF AUTHORIZATION.—An in- The requirements of this title shall not be become a final and unappealable order, or dividual may revoke an authorization pro- after the court has entered final judgment in vided under this section at any time pro- construed to impose any additional require- ments or in any way alter the requirements favor of the Secretary, the Secretary shall vided that the revocation is in writing, ex- refer the matter to the Attorney General cept to the extent that the noncovered enti- imposed upon covered entities under parts 160 through 164 of title 45, Code of Federal who shall recover the amount assessed by ac- ty has taken action in reliance thereon. tion in the appropriate United States dis- (d) DOCUMENTATION.— Regulations. trict court. (1) IN GENERAL.—A noncovered entity must SEC. 406. REGULATIONS. (2) NONREVIEWABILITY.—In such action the document and retain any signed authoriza- (a) IN GENERAL.—The Secretary shall pro- validity and appropriateness of the final tion under this section as required under mulgate regulations implementing the provi- order imposing the penalty shall not be sub- paragraph (2). sions of this title. ject to review. (2) STANDARD.—A noncovered entity shall, (b) TIMEFRAME.—Not later than 1 year (f) PAYMENT OF PENALTIES.—Except as oth- if a communication is required by this title after the date of enactment of this Act, the erwise provided, penalties collected under to be in writing, maintain such writing, or Secretary shall publish proposed regulations this section shall be paid to the Secretary an electronic copy, as documentation. in the Federal Register. With regard to such (or other officer) imposing the penalty and (3) RETENTION PERIOD.—A noncovered enti- proposed regulations, the Secretary shall shall be available without appropriation and ty shall retain the documentation required provide an opportunity for submission of until expended for the purpose of enforcing by this section for 6 years from the date of comments by interested persons during a pe- the provisions with respect to which the pen- its creation or the date when it last was in riod of not less than 90 days. Not later than alty was imposed. effect, whichever is later. 2 years after the date of enactment of this (e) CONTENT OF AUTHORIZATION.— Act, the Secretary shall publish final regula- TITLE V—DRIVER’S LICENSE PRIVACY (1) CONTENT.—An authorization described tions in the Federal Register. SEC. 501. DRIVER’S LICENSE PRIVACY. in subsection (a) shall— SEC. 407. ENFORCEMENT. Section 2725 of title 18, United States Code, (A) contain a description of the informa- (a) IN GENERAL.—A covered entity or non- is amended by striking paragraphs (2) tion to be sold that identifies such informa- covered entity that knowingly violates sec- through (4) and adding the following: tion in a specific and meaningful manner; tion 402 shall be subject to a civil money ‘‘(2) ‘person’ means an individual, organiza- (B) contain the name or other specific penalty under this section. tion, or entity, but does not include a State identification of the person, or class of per- (b) AMOUNT.—The civil money penalty de- or agency thereof; sons, authorized to sell the information; scribed in subsection (a) shall not exceed ‘‘(3) ‘personal information’ means informa- (C) contain the name or other specific $100,000. In determining the amount of any tion that identifies an individual, including identification of the person, or class of per- penalty to be assessed, the Secretary shall an individual’s photograph, social security sons, to whom the information is to be sold; take into account the previous record of number, driver identification number, name, (D) include an expiration date or an expira- compliance of the entity being assessed with address (but not the 5-digit zip code), tele- tion event relating to the selling of such in- the applicable provisions of this title and the phone number, medical or disability infor- formation that signifies that the authoriza- gravity of the violation. mation, any physical copy of a driver’s li- tion is valid until such date or event; (c) ADMINISTRATIVE REVIEW.— cense, birth date, information on physical (E) include a statement that the individual (1) OPPORTUNITY FOR HEARING.—The entity characteristics, including height, weight, sex has a right to revoke the authorization in assessed shall be afforded an opportunity for or eye color, or any biometric identifiers on

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.034 S31PT1 S4570 CONGRESSIONAL RECORD — SENATE March 31, 2003 a license, including a finger print, but not in- named in the complaint in that action for Excluding trade with Mexico and formation on vehicular accidents, driving violation of that practice. Canada, America’s ports handle 95 per- violations, and driver’s status; (e) VENUE; SERVICE OF PROCESS.— cent of U.S. trade. Every year U.S. (1) VENUE.—Any action brought under sub- ‘‘(4) ‘highly restricted personal informa- ports handle over 800 million tons of tion’ means an individual’s photograph or section (a) may be brought in the district image, social security number, medical or court of the United States that meets appli- cargo valued at approximately $600 bil- disability information, any physical copy of cable requirements relating to venue under lion. a driver’s license, driver identification num- section 1391 of title 28, United States Code. The West Coast labor disruption last ber, birth date, information on physical (2) SERVICE OF PROCESS.—In an action year cost the U.S. economy somewhere characteristics, including height, weight, brought under subsection (a), process may be $1–2 billion a day—a total of $10–20 bil- sex, or eye color, or any biometric identifiers served in any district in which the defend- lion. A terrorist attack would have an on a license, including a finger print; and’’. ant— ever graver impact. TITLE VI—MISCELLANEOUS (A) is an inhabitant; or The U.S. would likely shut down all (B) may be found. SEC. 601. ENFORCEMENT BY STATE ATTORNEYS major U.S. ports, bringing thousands of GENERAL. SEC. 602. FEDERAL INJUNCTIVE AUTHORITY. factories to a standstill and leaving re- (a) IN GENERAL.— In addition to any other enforcement au- thority conferred under this Act or under an tailers with bare shelves within days. (1) CIVIL ACTIONS.—In any case in which the And this shut down will have a ripple attorney general of a State has reason to be- amendment made by this Act, the Federal lieve that an interest of the residents of that Government shall have injunctive authority effect around the globe, raising the State has been or is threatened or adversely with respect to any violation of any provi- cost exponentially. affected by the engagement of any person in sion of title I, II, or IV of this Act or of any In its December 2002 report, the Hart- a practice that is prohibited under title I, II, amendment made by such a title, without re- Rudman Terrorism Task Force dis- or IV of this Act or under any amendment gard to whether a public or private entity cussed the implications of a possible made by such a title, the State, as parens violates such provision. terrorist attack at a seaport. Here is patriae, may bring a civil action on behalf of what they said: the residents of the State in a district court By Mrs. FEINSTEIN (for herself If an explosive device were loaded in a con- of the United States of appropriate jurisdic- and Mr. KYL): tainer and set off in a port, it would almost tion to— S. 746. A bill to prevent and respond automatically raise concern about the integ- (A) enjoin that practice; to terrorism and crime at or through rity of the 21,000 containers that arrive in (B) enforce compliance with such titles or ports; to the Committee on Commerce, U.S. ports each day and the many thousands such amendments; Science, and Transportation. more that arrive by truck and rail across (C) obtain damage, restitution, or other Mrs. FEINSTEIN. Mr. President, I U.S. land borders. A three-to-four-week clo- compensation on behalf of residents of the rise today to introduce the Anti-Ter- sure of U.S. ports would bring the global con- State; or rorism and Port Security Act of 2003, tainer industry to its knees. Megaports such (D) obtain such other relief as the court as Rotterdam and Singapore would have to may consider to be appropriate. comprehensive legislation aimed at close their gates to prevent boxes from piling (2) NOTICE.— preventing and punishing a terrorist up on their limited pier space. Trucks, (A) IN GENERAL.—Before filing an action attack at or through one of our na- trains, and barges would be stranded outside under paragraph (1), the attorney general of tion’s 361 seaports. I would like to the terminals with no way to unload their the State involved shall provide to the At- thank Senator KYL for joining me in boxes. Boxes bound for the United States torney General— sponsoring this bill. would have to be unloaded from their out- (i) written notice of the action; and Currently, our seaports are the gap- bound ships. Service contracts would need to (ii) a copy of the complaint for the action. ing hole in our nation’s defense against be renegotiated. As the system became grid- (B) EXEMPTION.— terrorism. According to the U.S. Bu- locked, so would much of global commerce. (i) IN GENERAL.—Subparagraph (A) shall not apply with respect to the filing of an ac- reau of Transportation Statistics, I am particularly concerned about tion by an attorney general of a State under about 13 million containers, twenty- such an attack because such an enor- this subsection, if the State attorney general foot equivalent units, came into United mous proportion of U.S. foreign trade determines that it is not feasible to provide States ports in 2002. passes through my home state of Cali- the notice described in such subparagraph However, the U.S. government in- fornia. before the filing of the action. spected only about two or three per- Last year, 6.2 million imported con- (ii) NOTIFICATION.—In an action described cent of these containers—they rest tainers—48 percent—passed through in clause (i), the attorney general of a State were simply waved through. In addi- shall provide notice and a copy of the com- California, 5.7 million just through two plaint to the Attorney General at the same tion, in almost every case, these in- ports alone: the Port of Los Angeles time as the State attorney general files the spections occurred after the containers and the Port of Long Beach. action. arrive in the United States. That means that, if terrorists suc- (b) INTERVENTION.— The problem is that a single con- ceeded in putting a weapon of mass de- (1) IN GENERAL.—On receiving notice under tainer could contain 60,000 pounds of struction into a container undetected, subsection (a)(2), the Attorney General shall explosives—10 to 15 times the amount there is about a one in two chance that have the right to intervene in the action in the Ryder truck used to blow up the this weapon would arrive and/or be det- that is the subject of the notice. Murrah Federal Building in Oklahoma onated in Southern California. (2) EFFECT OF INTERVENTION.—If the Attor- ney General intervenes in an action under City—and a single container ship can And the problem is not just with con- subsection (a), the Attorney General shall carry as many as 8,000 containers at tainers. have the right to be heard with respect to one time. Nearly one-quarter of all of Califor- any matter that arises in that action. Containers could easily be exploited nia’s imported crude oil is offloaded in (c) CONSTRUCTION.—For purposes of bring- to detonate a bomb that would destroy one area. A suicide attack on a tanker ing any civil action under subsection (a), a bridge, seaport, or other critical in- at an offloading facility in this area nothing in this Act shall be construed to pre- frastructure, causing mass destruction could leave Southern California with- vent an attorney general of a State from ex- and killing thousands. out refined fuels within a few days. ercising the powers conferred on such attor- Worse, a suitcase-sized nuclear de- There is no doubt in my mind that ney general by the laws of that State to— (1) conduct investigations; vice or radiological ‘‘dirty bomb’’ could terrorists are seeking to exploit (2) administer oaths or affirmations; or also be installed in a container and vulnerabilities at our seaports right (3) compel the attendance of witnesses or shipped to the United States. The odds now. the production of documentary and other are that the container would never be Indeed, the Al Qaeda training manual evidence. inspected. specifically mentions seaports as a (d) ACTIONS BY THE ATTORNEY GENERAL OF And, even if the container was in- point of vulnerability in our security. THE UNITED STATES.—In any case in which an spected, it would be too late. The weap- In addition, we know that Al Qaeda action is instituted by or on behalf of the At- on would already be in the United has already tried to attack American torney General for violation of a practice that is prohibited under title I, II, IV, or V States—most likely near a major popu- interests at and through seaports in of this Act or under any amendment made by lation center. the past. Let me mention some exam- such a title, no State may, during the pend- In addition, any attack on or through ples. ency of that action, institute an action a seaport could have devastating eco- In October 2001, Italian authorities under subsection (a) against any defendant nomic consequences. found an Egyptian man suspected of

VerDate Jan 31 2003 02:38 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.034 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4571 having ties to Al Qaeda in a container In fact, I believe that our seaports re- guns and explosives, and unauthorized bound for Canada. He had false identi- main almost as vulnerable today as physical access to terminal areas. They fications, maps of airports, a computer, they were before September 11. That is would also mandate that terminal a satellite phone, cameras, and plenty why I am introducing the Anti-Ter- areas at ports have a secure perimeter, of cash on hand. rorism and Port Security Act of 2003. monitored or locked access points, suf- In October 2000, Al Qaeda operatives This legislation builds on improve- ficient lighting, and son on. Mandate successfully carried out a deadly bomb- ments made to our laws in the last that all Customs inspectors have per- ing attack against the U.S.S. Cole in year but goes much further than those sonal radiation detection pagers. Re- the port of Yemen. changes to ensure the security of our quire all port employees and contrac- In 1998, Al Qaeda bombed the Amer- seaports. tors to have biometric smart identi- ican Embassies in Kenya and Tanzania. The Anti-Terrorism and Port Secu- fication cards. Require Captains-of-the- Evidence suggests that the explosives rity Act of 2003 does three main things: Port to keep sensitive information on the terrorists used were shipped to First, the bill ensure that our crimi- the port secure and protected. Such in- them by sea. And the investigation of nal laws apply to deter and punish ter- formation would include, but not be the embassy bombings concluded that rorists who choose to strike against limited to maps, blueprints, and infor- Bin Laden has close financial ties to our seaports. The bill closes a number mation on the Internet. various shipping companies. of loopholes in our criminal laws to en- Third, the bill would ensure that we We cannot afford to be complacent. sure that terrorists are held account- devote our limited cargo inspection re- Terrorists can be very patient. We can- able for any attacks. Let me provide a sources in the most efficient and effec- not forget the successful attack on the couple of examples. tive manner. The bill would improve World Trade Center on September 11 If a person blows up an airplane, he our shipment profiling system by re- took place eight years after a rel- commits a crime. However, if he blows quiring additional information from atively unsuccessful attack on the up a oil tanker, he does not commit a more relevant parties to the shipping same target. crime—unless he is doing it to injure process, and it would substantially im- I introduced legislation in the last the person. prove container security. Specifically, Congress to offer a comprehensive solu- If a person distributes explosives to a it would establish a comprehensive risk tion to the problem of seaport vulner- non-U.S. national, he commits a crime. profiling plan for the Customs Service ability. I am pleased that some of its But if the same person sows mines in to focus their limited inspection capa- provisions we adopted in some form by the San Francisco harbor, he does not bilities on high-risk cargo and con- recent regulatory changes as well as commit a crime. tainers. Under this plan, all relevant the Maritime transportation Security Specifically, the bill would: Make it parties in the shipment process would Act of 2002 and Trade Act of 2002. a crime for terrorists to attack a port provide electronically relevant and For example, one provision in my bill or a cruise ship or deploy a weapon of timely information to enable Customs required shippers to provide manifest mass destruction at or through a sea- to determine which shipments to in- information to Customs at least 24 port. Make it a crime to put devices in spect. Impose steep monetary sanc- hours before departure from a foreign U.S. waters that can destroy a ship or tions for failure to comply with infor- port. Soon after the bill was intro- cargo or interfere with safe navigation mation filing requirements, including duced, Customs published a draft regu- or maritime commerce. Update our fed- filing incorrect information (the cur- lation with the same requirement. eral criminal piracy and privateering rent penalty is only up to a few thou- This requirement is now being en- laws and increase penalties. Make it a sand dollars). The Seaport Commission forced. However, Customs is still not crime to use a dangerous weapon or ex- found that about 1⁄2 of the information getting all relevant information from plosive to try to kill someone on board every important party involved in the on ship manifests was inaccurate. Push a passenger vessel. Make it a crime to shipping process. U.S. security scrutiny beyond our na- In addition, I am pleased that, espe- fail to heave to (that is, to slow or tion’s borders and improve our ability cially in the last six months, Customs stop) a vessel at the direction of a to monitor and inspect cargo and con- has aggressively promoted its Con- Coast Guard or other authorized fed- tainers before they arrive near Amer- tainer Security Initiative (CSI). One of eral law enforcement official seeking ica’s shores. If a weapon of mass de- the core elements of this initiative in- to board that vessel or to interfere struction arrives in a U.S. port, it is volves placing U.S. Customs inspectors with boarding by such an officer. Make too late. Require the use of high secu- at major foreign seaports to pre-screen it a crime to destroy an aid to mari- rity seals on all containers coming into cargo containers before they were time navigation, such as a buoy or the U.S. Require that each container to shipped to America. shoal/breakwater light, maintained by be transported through U.S. ports re- Most of the biggest ports in the world the Coast Guard if this would endanger ceive a universal transaction number are now participating in CSI. However, the safe navigation of a vessel. Make it that could be used to track container Customs has posted relatively few in- a crime for terrorists or criminals to movement from origin to destination. spectors overseas and I believe that try to attack U.S. citizens or U.S. ma- Require all empty containers destined CSI can and should be expanded fur- rine live by putting poisons in the for U.S. ports to be secured. Authorize ther. water off shore. Require the Attorney pilot programs to develop high-tech The Maritime Transportation Safety General to issue regulations making it seals and sensors, including those that Act of 2002 and Trade Act of 2002 also easier to determine the extent of crime would provide real-time evidence of included a number of security meas- and terrorism at seaports and improve container tampering to a monitor at a ures. communication between different law terminal. Require ports to provide However, in my view, many of these enforcement agencies involved at space to Customs so that the agency is measures do not go nearly far enough, ports. able to use non-intrusive inspection particularly in the areas of criminal Second, the bill would help improve technology. In many cases, Customs penalties, pushing back the border, physical security at seaports by has to keep this technology outside the minimum port and security standards, beefing up standards and ensuring port and bring it in every day, which employee identification cards, research greater coordination. Specific provi- prevents some of the best inspection and development, and so on. And even sions would: Designate the Captain-of- technology (which is not portable) the strongest provisions in these bills the-Port as the primary authority for from being used. Require the Depart- are, in some cases, years away from seaport security at each port. This ment of Homeland Security to take the implementation. would enable all parties involved in relative number of imported containers The bottom line is that, while we business at a port to understand who received at each port into account in have made some modest improvements has final say on all security matters. exercising its discretion in determining in seaport security in the last year, Require minimum federal security the allocation of funds appropriated for much more remains to be done. And, standards for ports. These standards seaport security grants. crucially, much remains to be done include restrictions on private vehicle I believe that the Anti-Terrorism and right now. access, a prohibition on unauthorized Port Security Act of 2003 would make a

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.035 S31PT1 S4572 CONGRESSIONAL RECORD — SENATE March 31, 2003 significant contribution to protecting ‘‘§ 1371 Jurisdiction and scope ‘‘(2) violates subsection (a)(2) or subpara- America from terrorist attacks at or ‘‘(a) IN GENERAL.—There is jurisdiction graph (C), (D), (E), (F), or (G) of subsection through our seaports. I urge my col- under section 3231 over an offense under this (a)(1) shall be fined in accordance with this leagues to support the legislation.; chapter if— title or imprisoned not more than 20 years, or both. I ask unanimous consent that the ‘‘(1) the prohibited activity takes place within the United States, or in waters or ‘‘(c) ADDITIONAL PENALTIES.—Any person text of the bill be printed in the submerged lands thereunder subject to the who is fined or imprisoned in accordance RECORD. jurisdiction of the United States; or with subsection (b) for an offense that in- There being no objection, the bill was ‘‘(2) the prohibited activity takes place volved a vessel that, at the time the viola- ordered to be printed in the RECORD, as outside the United States, and— tion occurred, carried high-level radioactive follows: ‘‘(A) an offender or a victim of the prohib- waste or spent nuclear fuel shall be fined in accordance with this title or imprisoned for S. 746 ited activity is a citizen of the United States; not less than 30 years, or for life. Be it enacted by the Senate and House of Rep- ‘‘(B) a citizen of the United States was on ‘‘(d) THREATENED OFFENSE.—Any person resentatives of the United States of America in board a vessel to which this chapter applies; who willfully imparts or conveys any threat Congress assembled, or to do an act which would violate this chap- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(C) the prohibited activity involves a ves- ter, with an apparent determination and will (a) SHORT TITLE.—This Act may be cited as sel of the United States. to carry out the threat, shall be— the ‘‘Anti-Terrorism and Port Security Act ‘‘(b) APPLICABILITY.—Nothing in this chap- ‘‘(1) fined in accordance with this title or of 2003’’. ter shall apply to otherwise lawful activities imprisoned not more than 5 years, or both; (b) TABLE OF CONTENTS.—The table of con- carried out by, or at the direction of, the and tents for this Act is as follows: United States Government. ‘‘(2) liable for all costs incurred as a result Sec. 1. Short title; table of contents. ‘‘§ 1372. Destruction of vessel or maritime fa- of such threat. ‘‘(e) DEFINITIONS.—For purposes of this sec- TITLE I—DETERRING AND PUNISHING cility tion— TERRORISM AND CRIME AT UNITED ‘‘(a) OFFENSES.—It shall be unlawful for STATES PORTS ‘‘(1) the term ‘destructive device’ has the any person— meaning as such term in section 921(a)(4); Sec. 101. Destruction or interference with ‘‘(1) to willfully— ‘‘(2) the term ‘destructive substance’ has vessels or maritime facilities. ‘‘(A) set fire to, damage, destroy, disable, the meaning as such term in section 31; Sec. 102. Criminal sanctions for placement or wreck any vessel; or ‘‘(3) the term ‘high-level radioactive waste’ of destructive devices or sub- ‘‘(B) place or cause to be placed a destruc- has the meaning as such term in section 2(12) stances in United States juris- tive device or destructive substance in, upon, of the Nuclear Waste Policy Act of 1982 (42 dictional waters. or in proximity to, or otherwise make or U.S.C. 10101(12)); Sec. 103. Piracy and privateering. cause to be made an unworkable or unusable ‘‘(4) the term ‘serious bodily injury’ has Sec. 104. Use of a dangerous weapon or ex- or hazardous to work or use, any vessel (as the meaning as such term in section 1365(g); plosive on a passenger vessel. defined in section 3 of title 1), or any part or and Sec. 105. Sanctions for failure to heave to other materials used or intended to be used ‘‘(5) the term ‘spent nuclear fuel’ has the and for obstruction of boarding in connection with the operation of a vessel; meaning as such term in section 2(23) of the and providing false informa- or Nuclear Waste Policy Act of 1982 (42 U.S.C. tion. ‘‘(C) set fire to, damage, destroy, disable, 10101(23)). Sec. 106. Criminal sanctions for violence or displace a destructive device or destruc- against maritime navigation. tive substance in, upon, or in proximity to, ‘‘§ 1373. Imparting or conveying false infor- Sec. 107. Criminal sanctions for malicious any maritime facility, including any aid to mation dumping. navigation, lock, canal, or vessel traffic ‘‘(a) IN GENERAL.—Any person who imparts Sec. 108. Attorney general to coordinate service facility or equipment, or interfere by or conveys, or causes to be imparted or con- port-related crime data collec- force or violence with the operation of such veyed, false information, knowing the infor- tion. maritime facility, if such action is likely to mation to be false, concerning an attempt or TITLE II—PROTECTING UNITED STATES endanger the safety of any vessel in naviga- alleged attempt being made or to be made, PORTS AGAINST TERRORISM AND CRIME tion; to do any act that is an offense under this Subtitle A—General Provision ‘‘(D) set fire to, damage, destroy, disable, chapter or chapters 2, 97, or 111, shall be sub- ject to a civil penalty of not more than Sec. 201. Definitions. or place a destructive device or destructive substance in, upon, or in proximity to any $5,000, which shall be recoverable in a civil Subtitle B—Security Authority appliance, structure, property, machine, ap- action brought in the name of the United Sec. 211. Designated security authority. paratus, or any facility or other material States. Subtitle C—Securing the Supply Chain used or intended to be used in connection ‘‘(b) INCREASED PENALTY.—Any person who with the operation, maintenance, loading, willfully and maliciously, or with reckless Sec. 221. Manifest requirements. disregard for the safety of human life, im- Sec. 222. Penalties for inaccurate manifest. unloading, or storage of any vessel or any parts or conveys, or causes to be imparted or Sec. 223. Shipment profiling plan. passenger or cargo carried on, or intended to conveyed, false information, knowing the in- Sec. 224. Inspection of merchandise at for- be carried on, any vessel; formation to be false, concerning an attempt eign facilities. ‘‘(E) perform an act of violence against or incapacitate an individual on a vessel, if or alleged attempt being made by or to be Subtitle D—Security of Seaports and made, to do any act that is an offense under Containers such act of violence or incapacitation is like- ly to endanger the safety of the vessel or this chapter or chapters 2, 97, or 111, shall be Sec. 231. Seaport security requirements. those on board; fined in accordance with this title or impris- Sec. 232. Seaport security cards. ‘‘(F) perform an act of violence against a oned not more than 5 years, or both.’’. Sec. 233. Securing sensitive information. person that causes or is likely to cause seri- (b) TECHNICAL AND CONFORMING AMEND- Sec. 234. Container security. ous bodily injury in, upon, or in proximity to MENT.—The table of chapters at the begin- Sec. 235. Office and inspection facilities. any appliance, structure, property, machine, ning of title 18, is amended by inserting after Sec. 236. Security grants to seaports. apparatus, or any facility or other material the item relating to chapter 65 the following: TITLE III—AUTHORIZATION used or intended to be used in connection ‘‘66. Maritime Vessels ...... 1371’’. Sec. 301. Authorization of appropriations. with the operation, maintenance, loading, SEC. 102. CRIMINAL SANCTIONS FOR PLACEMENT OF DESTRUCTIVE DEVICES OR SUB- TITLE I—DETERRING AND PUNISHING unloading, or storage of any vessel or any passenger or cargo carried or intended to be STANCES IN UNITED STATES JURIS- TERRORISM AND CRIME AT UNITED DICTIONAL WATERS. carried on any vessel; or STATES PORTS (a) IN GENERAL.—Chapter 111 of title 18, ‘‘(G) communicate information, knowing SEC. 101. DESTRUCTION OR INTERFERENCE United States Code, is amended by inserting the information to be false and under cir- WITH VESSELS OR MARITIME FA- after section 2280 the following: CILITIES. cumstances in which such information may ‘‘§ 2280A. Devices or substances in waters of (a) IN GENERAL.—Title 18, United States reasonably be believed, thereby endangering the United States likely to destroy or dam- Code, is amended by inserting after chapter the safety of any vessel in navigation; or age ships 65 the following: ‘‘(2) to attempt or conspire to do anything prohibited under paragraph (1). ‘‘(a) IN GENERAL.—Any person who know- ‘‘CHAPTER 66—MARITIME VESSELS ‘‘(b) PENALTY.—Any person who— ingly places or causes to be placed in waters ‘‘Sec. ‘‘(1) violates subparagraph (A) or (B) of subject to the jurisdiction of the United ‘‘1371. Jurisdiction and scope. subsection (a)(1) shall be fined in accordance States, by any means, a device or substance ‘‘1372. Destruction of vessel or maritime fa- with this title or imprisoned for a maximum that is likely to destroy or cause damage to cility. life imprisonment term, or both, and if death a ship or its cargo, or cause interference ‘‘1373. Imparting or conveying false informa- results, shall be subject to the death penalty; with the safe navigation of vessels or inter- tion. and ference with maritime commerce, such as by

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.037 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4573 damaging or destroying marine terminals, with this title or imprisoned not more than ‘‘(C) some element of the theft or conver- facilities, and any other maritime structure 20 years, or both. sion is committed in waters subject to the or entity used in maritime commerce, with ‘‘§ 1654. Crimes by United States citizens or jurisdiction of the United States. the intent of causing such destruction or resident aliens ‘‘(b) PENALTY.—Any person who violates damage— ‘‘Any person, being a United States citizen subsection (a) shall be fined in accordance ‘‘(1) shall be fined in accordance with this or resident alien, or purporting to act under with this title or imprisoned not more than title and imprisoned for any term of years or the authority of the United States, who com- 20 years, or both. for life; and mits any illegal act of violence, detention, or ‘‘§ 1658. Knowing receipt of an illegally ac- ‘‘(2) if the death of any person results from depredation against an individual on board a quired vessel, maritime structure, cargo, or conduct prohibited under this section, may ship or maritime structure, or the property effects be punished by death. of that individual, shall be fined in accord- ‘‘Any person who knowingly receives or ac- ‘‘(b) APPLICABILITY.—Nothing in this sec- ance with this title or imprisoned not more quires a vessel, maritime structure, cargo, or tion shall be construed to apply to otherwise than 20 years, or both. effects converted or obtained by action fall- lawfully authorized and conducted activities ‘‘§ 1655. Privateering ing under any section of this chapter shall be of the United States Government.’’. ‘‘(a) OFFENSE.—It shall be unlawful for any fined in accordance with this title or impris- (b) TECHNICAL AND CONFORMING AMEND- person to furnish, fit out, arm, or serve in a oned not more than 20 years, or both. MENT.—The table of sections for chapter 111 privateer or private vessel used to commit ‘‘§ 1659. Attempts of title 18, United States Code, is amended by any illegal act of violence, detention, or dep- Any person who attempts any act which, if inserting after the item relating to section redation against an individual, or the prop- committed, would constitute an offense 2280 the following: erty of that individual, or any vessel or mar- under this chapter shall be fined in accord- ‘‘2280A. Devices or substances in waters of itime structure without the express author- ance with this title or imprisoned not more the United States likely to de- ity of the United States Government when— than 20 years, or both. stroy or damage ships.’’. ‘‘(1) the perpetrator of the act is a United ‘‘§ 1660. Accessories SEC. 103. PIRACY AND PRIVATEERING. States citizen or resident alien, or purports ‘‘(a) COMMISSION OF AN OFFENSE.—Any per- Chapter 81 of title 18, United States Code, to act under authority of the United States; son who knowingly assists any person in the is amended to read as follows: ‘‘(2) the individual against whom the act is commission of an act that constitutes an of- committed is a United States citizen or resi- ‘‘CHAPTER 81—PIRACY AND fense under this chapter shall be fined in ac- dent alien or the property, vessel, or mari- PRIVATEERING cordance with this title or imprisoned not time structure involved is owned, in whole or more than 20 years, or both. ‘‘Sec. in part, by a United States citizen or resi- ‘‘(b) AVOIDANCE OF CONSEQUENCES.—Any ‘‘1651. Piracy. dent alien; or person who knowingly assists any person in ‘‘1652. Crimes against United States persons ‘‘(3) some element of the illegal act of vio- avoiding the consequences of an act that or property on board a ship or lence, detention, or depredation is com- constitutes an offense under this chapter maritime structure. mitted in waters subject to the jurisdiction shall be fined in accordance with this title or ‘‘1653. Crimes against persons on board a ship of the United States. imprisoned not more than 20 years, or both. or maritime structure within ‘‘(b) PENALTY.—Any person who violates ‘‘§ 1661. Inapplicability to United States Gov- the territorial jurisdiction of subsection (a) shall be fined in accordance ernment activities the United States. with this title or imprisoned not more than ‘‘Nothing in this chapter shall apply to ‘‘1654. Crimes by United States citizens or 20 years, or both. otherwise lawful activities— resident aliens. ‘‘§ 1656. Theft or conversion of vessel, mari- ‘‘(1) carried out by, or at the direction of, ‘‘1655. Privateering. time structure, cargo, or effects the United States Government; or ‘‘1656. Theft or conversion of vessel, mari- ‘‘(a) OFFENSE.—It shall be unlawful for any ‘‘(2) undertaken under a letter or marque time structure, cargo, or ef- person who is a captain, officer, crewman, or and reprisal issued by the United States Gov- fects. passenger of a vessel or maritime structure ernment.’’. ‘‘1657. Intentional wrecking or plunder of a to assist in the theft or conversion of such vessel, maritime structure, SEC. 104. USE OF A DANGEROUS WEAPON OR EX- vessel or maritime structure, or its cargo or PLOSIVE ON A PASSENGER VESSEL. cargo, or effects. effects when— (a) IN GENERAL.—Chapter 39 of title 18, ‘‘1658. Knowing receipt of an illegally ac- ‘‘(1) the perpetrator is a United States cit- United States Code, is amended by inserting quired vessel, maritime struc- izen or resident alien, or purports to act after section 831 the following: ture, cargo, or effects. under the authority of the United States; ‘‘1659. Attempts. ‘‘§ 832. Use of a dangerous weapon or explo- ‘‘(2) the vessel, maritime structure, cargo, sive on a passenger vessel ‘‘1660. Accessories. or effects is owned in whole or in part by a ‘‘(a) OFFENSE.—It shall be unlawful for any ‘‘1661. Inapplicability to United States Gov- United States citizen or resident alien; or person to willfully— ernment activities. ‘‘(3) some element of the theft or conver- ‘‘(1) commit an act, including the use of a ‘‘§ 1651. Piracy sion is committed in waters subject to the dangerous weapon, explosive, or incendiary jurisdiction of the United States. ‘‘Any person who commits the crime of pi- device, with the intent to cause death or se- racy and is afterwards brought into, or found ‘‘(b) PENALTY.—Any person who violates subsection (a) shall be fined in accordance rious bodily injury to a crew member or pas- in, the United States shall be imprisoned for senger of a passenger vessel or any other per- life. with this title or imprisoned not more than 20 years, or both. son while on board a passenger vessel; or ‘‘§ 1652. Crimes against United States persons ‘‘(2) attempt, threaten, or conspire to do ‘‘§ 1657. Intentional wrecking or plunder of a or property on board a ship or maritime any act referred to in paragraph (1). vessel, maritime structure, cargo, or effects structure ‘‘(b) PENALTY.—An person who violates ‘‘(a) OFFENSE.—It shall be unlawful for any ‘‘Any person who commits any illegal act subsection (a) shall be fined in accordance person to— of violence, detention, or depredation with this title or imprisoned not more than ‘‘(1) intentionally cause the wrecking of a against the United States, including any ves- 20 years, or both. vessel or maritime structure by act or omis- sel of the United States, citizen of the ‘‘(c) AGGRAVATED OFFENSE.—Any person sion, either directly such as by intentional United States, any commercial structure who commits an offense described in sub- grounding, or indirectly by modification or owned in whole or in part by a United States section (a) in a circumstance in which— destruction of any navigational marker or citizen or resident alien, or any United ‘‘(1) the vessel was carrying a passenger at safety device; States citizen or resident alien, or the prop- the time of the offense; or ‘‘(2) intentionally plunder, steal, or destroy erty of that citizen or resident alien, on ‘‘(2) the offense has resulted in the death of a vessel, maritime structure, cargo, or ef- board a ship or maritime structure and is any person; fects when such vessel or maritime structure afterwards brought into or found in the shall be guilty of an aggravated offense and is in distress, wrecked, lost, stranded, or cast United States, shall be fined in accordance shall be fined in accordance with this title or away; or with this title or imprisoned not more than imprisoned for any term of years or for life. ‘‘(3) intentionally obstruct or interfere 20 years, or both. ‘‘(d) APPLICABILITY.—This section shall with the rescue of a person on board a vessel apply to vessels that are subject to the juris- ‘‘§ 1653. Crimes against persons on board a or maritime structure in distress, wrecked, diction of the United States, and vessels car- ship or maritime structure within the terri- lost, stranded, or cast away, or the legal sal- rying passengers who are United States citi- torial jurisdiction of the United States vage of such a vessel, maritime structure, zens or resident aliens, wherever located. ‘‘Any person who commits any illegal act cargo, or effects, when— ‘‘(e) DEFINITIONS.—For purposes of this sec- of violence, detention, or depredation ‘‘(A) the perpetrator is a United States cit- tion— against an individual on board a ship or mar- izen or resident alien, or purports to act ‘‘(1) the term ‘dangerous weapon’ has the itime structure, or the property of that indi- under authority of the United States; meaning given such term in section 930(g); vidual, in waters or submerged lands there- ‘‘(B) the vessel, maritime structure, cargo, ‘‘(2) the term ‘explosive or incendiary de- under, subject to the jurisdiction of the or effects is owned in whole or in part by a vice’ has the meaning given such term in United States, shall be fined in accordance United States citizen or resident alien; or section 232(5);

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.038 S31PT1 S4574 CONGRESSIONAL RECORD — SENATE March 31, 2003

‘‘(3) the term ‘passenger’ has the same (b) TECHNICAL AND CONFORMING AMEND- of title 18, United States Code, is amended by meaning given such term in section 2101(21) MENT.—The table of sections for chapter 109 adding at the end the following: of title 46; of title 18, United States Code, is amended by ‘‘2282. Knowing discharge or release.’’. ‘‘(4) the term ‘passenger vessel’ has the adding at the end the following: SEC. 108. ATTORNEY GENERAL TO COORDINATE same meaning given such term in section ‘‘2237. Sanctions for failure to heave to; sanc- PORT-RELATED CRIME DATA COL- 2101(22) of title 46; and tions for obstruction of board- LECTION. ‘‘(5) the term ‘serious bodily injury’ has ing or providing false informa- (a) REGULATIONS.—The Attorney General the meaning given such term in section tion.’’. shall issue regulations to— 1365(g).’’. SEC. 106. CRIMINAL SANCTIONS FOR VIOLENCE (1) require the reporting by a carrier that (b) TECHNICAL AND CONFORMING AMEND- AGAINST MARITIME NAVIGATION. is the victim of a cargo theft offense to the MENT.—The table of sections for chapter 39 of Section 2280(a) of title 18, United States Attorney General of information on the title 18, United States Code, is amended by Code, is amended— cargo theft offense (including offenses occur- inserting after the item relating to section (1) in paragraph (1)— ring outside ports of entry and ports of ship- 831 the following: (A) by redesignating subparagraphs (F), ment origination) that identifies the port of ‘‘832. Use of a dangerous weapon or explosive (G), and (H) as (G), (H), and (I), respectively; entry, the port where the shipment origi- on a passenger vessel.’’. (B) by inserting after subparagraph (E) the nated, where the theft occurred, and any SEC. 105. SANCTIONS FOR FAILURE TO HEAVE TO following: other information specified by the Attorney AND FOR OBSTRUCTION OF BOARD- ‘‘(F) destroys, damages, alters, moves, or General; ING AND PROVIDING FALSE INFOR- tampers with any aid to maritime naviga- (2) create a database to contain the reports MATION. tion maintained by the Saint Lawrence Sea- described in paragraph (1) and integrate (a) IN GENERAL.—Chapter 109 of title 18, way Development Corporation under the au- those reports, to the extent feasible, with United States Code, is amended by adding at thority of section 4 of the Act of May 13, other noncriminal justice and intelligence the end the following: 1954, (33 U.S.C. 984) or the Coast Guard pursu- data, such as insurer bill of lading, cargo ‘‘§ 2237. Sanctions for failure to heave to; ant to section 81 of title 14, or lawfully main- contents and value, point of origin, and lien sanctions for obstruction of boarding or tained by the Coast Guard pursuant to sec- holder filings; and providing false information tion 83 of title 14, if such act endangers or is (3) prescribe procedures for access to the ‘‘(a) FAILURE TO HEAVE TO.—It shall be un- likely to endanger the safe navigation of a database created in accordance with para- lawful for the master, operator, or person in ship;’’; and graph (2) by appropriate Federal, State, and charge of a vessel of the United States, or a (C) in subparagraph (I), as so redesignated, local governmental agencies and private vessel subject to the jurisdiction of the by striking ‘‘through (G)’’ and inserting companies or organizations, while limiting United States, to knowingly fail to obey an ‘‘through (H)’’; and access to privacy of the information in ac- order to heave to on being ordered to do so (2) in paragraph (2), by striking ‘‘(C) or cordance with other applicable Federal laws. by an authorized Federal law enforcement (E)’’ and inserting ‘‘(C), (E), or (F)’’. (b) MODIFICATION OF DATABASES.— (1) IN GENERAL.—United States Govern- officer. SEC. 107. CRIMINAL SANCTIONS FOR MALICIOUS ‘‘(b) OBSTRUCTION OF BOARDING AND PRO- DUMPING. ment agencies with significant regulatory or VIDING FALSE INFORMATION.—It shall be un- (a) IN GENERAL.—Chapter 111 of title 18, law enforcement responsibilities at United lawful for any person on board a vessel of the United States Code, is amended by adding at States ports shall, to the extent feasible, United States or a vessel subject to the juris- the end the following: modify their information databases to en- diction of the United States to— sure the collection and retrievability of data ‘‘§ 2282. Knowing discharge or release ‘‘(1) forcibly assault, resist, oppose, pre- relating to crime, terrorism, and related ac- vent, impede, intimidate, or interfere with a ‘‘(a) ENDANGERMENT OF HUMAN LIFE.—Any tivities at, or affecting, United States ports. boarding or other law enforcement action person who knowingly discharges or releases (2) DESIGNATION OF AGENCIES.—The Attor- authorized by any Federal law, or to resist a oil, a hazardous material, a noxious liquid ney General, after consultation with the Sec- lawful arrest; or substance, or any other substance into the retary of Homeland Security, shall designate ‘‘(2) provide information to a Federal law navigable waters of the United States or the the agencies referred to in paragraph (1). enforcement officer during a boarding of a adjoining shoreline with the intent to endan- (c) OUTREACH PROGRAM.—The Attorney vessel regarding the vessel’s destination, ori- ger human life, health, or welfare— General, in consultation with the Secretary gin, ownership, registration, nationality, ‘‘(1) shall be fined in accordance with this of Homeland Security, the National Mari- cargo, or crew that the person knows is false. title and imprisoned for any term of years or time Security Advisory Committee estab- ‘‘(c) LIMITATIONS.—This section shall not for life; and lished under section 70112 of title 46, United limit the authority of— ‘‘(2) if the death of any person results from States Code, and the appropriate Federal and ‘‘(1) an officer under section 581 of the Tar- conduct prohibited under this section, may State agencies, shall establish an outreach iff Act of 1930 (19 U.S.C. 1581) or any other be punished by death. program— provision of law enforced or administered by ‘‘(b) ENDANGERMENT OF MARINE ENVIRON- (1) to work with State and local law en- the Secretary of the Treasury or the Under MENT.—Any person who knowingly dis- forcement officials to harmonize the report- Secretary for Border and Transportation Se- charges or releases oil, a hazardous material, ing of data on cargo theft among States and curity of the Department of Homeland Secu- a noxious liquid substance, or any other sub- localities with the United States Govern- rity; or stance into the navigable waters of the ment’s reports; and ‘‘(2) a Federal law enforcement officer United States or the adjacent shoreline with (2) to work with local port security com- under any law of the United States to order the intent to endanger the marine environ- mittees to disseminate cargo theft informa- a vessel to stop or heave to. ment shall be fined in accordance with this tion to appropriate law enforcement offi- ‘‘(d) CONSENT OR OBJECTION TO ENFORCE- title or imprisoned not more than 30 years, cials. MENT.—A foreign nation may consent or or both. (d) ANNUAL REPORT.—The Attorney Gen- waive objection to the enforcement of United ‘‘(c) DEFINITIONS.—For purposes of this sec- eral shall report annually to the Committee States law by the United States under this tion— on the Judiciary of the Senate and the House section by radio, telephone, or similar oral ‘‘(1) the term ‘discharge’ means any spill- of Representatives on the implementation of or electronic means, which consent or waiver ing, leaking, pumping, pouring, emitting, this section. may be proven by certification of the Sec- emptying, or dumping; (e) INTERSTATE OR FOREIGN SHIPMENTS BY retary of State or the Secretary’s designee. ‘‘(2) the term ‘hazardous material’ has the CARRIER; STATE PROSECUTIONS.— ‘‘(e) PENALTY.—Any person who inten- same meaning given such term in section (1) STATE PROSECUTIONS.—Section 659 of tionally violates this section shall be fined 2101(14) of title 46; title 18, United States Code, is amended— in accordance with this title and imprisoned ‘‘(3) the term ‘marine environment’ has the (A) in the first undesignated paragraph— not more than 1 year. same meaning given such term in section (i) by striking ‘‘Whoever embezzles’’ and ‘‘(f) DEFINITIONS.—For purposes of this sec- 2101(15) of title 46; inserting the following: tion— ‘‘(4) the term ‘navigable waters’ has the ‘‘(a) OFFENSE; PENALTY.—Whoever— ‘‘(1) the terms ‘vessel of the United States’ same meaning given such term in section ‘‘(1) embezzles’’; and ‘vessel subject to the jurisdiction of the 502(7) of the Federal Water Pollution Control (ii) by striking ‘‘from any pipeline system’’ United States’ have the same meanings as Act (33 U.S.C. 1362(7)), and also includes the and all that follows through ‘‘with intent to such terms in section 3 of the Maritime Drug territorial sea of the United States as de- convert to his own use’’; and Law Enforcement Act (46 U.S.C. App. 1903); scribed in Presidential Proclamation 5928 of (iii) by striking ‘‘or’’ at the end; ‘‘(2) the term ‘heave to’ means to cause a December 27, 1988; and (B) in the second undesignated paragraph— vessel to slow, come to a stop, or adjust its ‘‘(5) the term ‘noxious liquid substance’ (i) by striking ‘‘Whoever buys’’ and insert- course or speed to account for the weather has the same meaning given such term in the ing the following: conditions and sea state to facilitate a law MARPOL Protocol as defined in section ‘‘(2) buys’’; and enforcement boarding; and 2(a)(3) of the Act to Prevent Pollution from (ii) by striking ‘‘or’’ at the end; ‘‘(3) the term ‘Federal law enforcement of- Ships (33 U.S.C. 1901(a)(3)).’’. (C) in the third undesignated paragraph— ficer’ has the same meaning as such term in (b) TECHNICAL AND CONFORMING AMEND- (i) by striking ‘‘Whoever embezzles’’ and section 115.’’. MENT.—The table of sections for chapter 111 inserting the following’’

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.038 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4575 ‘‘(3) embezzles’’; and that shall include an evaluation of law en- (1) by striking ‘‘Any manifest’’ and insert- (ii) by striking ‘‘with intent to convert to forcement activities relating to the inves- ing the following: his own use’’; tigation and prosecution of offenses under ‘‘(1) IN GENERAL.—Any manifest’’; and (D) in the fourth undesignated paragraph, section 659 of title 18, United States Code. (2) by adding at the end the following new by striking ‘‘Whoever embezzles’’ and insert- TITLE II—PROTECTING UNITED STATES paragraph: ing the following: PORTS AGAINST TERRORISM AND CRIME ‘‘(2) REQUIRED INFORMATION.— ‘‘(4) embezzles’’; Subtitle A—General Provision ‘‘(A) REQUIREMENT.—In addition to any (E) in the fifth undesignated paragraph, by SEC. 201. DEFINITIONS. other requirement under this section, the striking ‘‘Shall in each case’’ and inserting In this title: pilot, master, operator, or owner (or the au- the following: (1) AIRCRAFT.—The term ‘‘aircraft’’ has the thorized agent of such operator or owner) of ‘‘shall in each case’’; meaning given that term in section 40102 of every vessel required to make entry or ob- (F) in the sixth undesignated paragraph, by title 49, United States Code. tain clearance under the laws of the United striking ‘‘The’’ and inserting the following: (2) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap- States shall transmit electronically the ‘‘(b) LOCATION OF OFFENSE.—The’’; tain-of-the-Port’’, with respect to a United cargo manifest information described in sub- (G) in the seventh undesignated paragraph, States seaport, means the individual des- paragraph (B) in such manner and form as by striking ‘‘The’’ and inserting the fol- ignated by the Commandant of the Coast the Secretary shall prescribe. The Secretary lowing’’ Guard as the Captain-of-the-Port at that sea- shall ensure the electronic information is ‘‘(c) SEPARATE OFFENSE.—The’’; port. maintained securely, and is available only to (H) in the eighth undesignated paragraph, (3) COMMON CARRIER.—The term ‘‘common individuals with Federal Government secu- by striking ‘‘To’’ and inserting the following: carrier’’ means any person that holds itself rity responsibilities. ‘‘(d) PRIMA FACIE EVIDENCE.—To’’; out to the general public as a provider for ‘‘(B) CONTENT.—The cargo manifest re- (I) in the ninth undesignated paragraph, by hire of a transportation by water, land, or quired by subparagraph (A) shall consist of striking ‘‘A’’ and inserting the following: air of merchandise, whether or not the per- the following information: ‘‘(e) PROSECUTION.—A’’; and son actually operates the vessel, vehicle, or ‘‘(i) The port of arrival and departure. (J) by adding at the end the following: aircraft by which the transportation is pro- ‘‘(ii) The carrier code assigned to the ship- ‘‘(f) CIVIL PENALTY.— vided, between a port or place and a port or per. ‘‘(1) IN GENERAL.—Notwithstanding any place in the United States. ‘‘(iii) The flight, voyage, or trip number. other provision of law, and in addition to (4) CONTAINER.—The term ‘‘container’’ ‘‘(iv) The dates of scheduled arrival and de- any penalties that may be available under means a container that is used or designed parture. any other provision of law, a person who is for use for the international transportation ‘‘(v) A request for a permit to proceed to found by the Secretary of Homeland Secu- of merchandise by vessel, vehicle, or air- the destination, if such permit is required. rity, after notice and an opportunity for a craft. ‘‘(vi) The numbers and quantities from the hearing, to have violated this section or a (5) DIRECTORATE.—The term ‘‘Directorate’’ carrier’s master airway bill, bills of lading, regulation issued under this section shall be means the Border and Transportation Secu- or ocean bills of lading. liable to the United States for a civil penalty rity Directorate of the Department of Home- ‘‘(vii) The first port of lading of the cargo not to exceed $25,000 for each violation. land Security. and the city in which the carrier took re- ‘‘(2) SEPARATE VIOLATIONS.—Each day of a (6) MANUFACTURER.—The term ‘‘manufac- ceipt of the cargo. continuing violation shall constitute a sepa- turer’’ means a person who fabricates or as- ‘‘(viii) A description and weight of the rate violation. sembles merchandise for sale in commerce. cargo (including the Harmonized Tariff ‘‘(3) AMOUNT OF PENALTY.— (7) MERCHANDISE.—The term ‘‘merchan- Schedule of the United States number under ‘‘(A) IN GENERAL.—The amount of a civil dise’’ has the meaning given that term in which the cargo is classified) or, for a sealed penalty for a violation of this section or a section 401 of the Tariff Act of 1930 (19 U.S.C. container, the shipper’s declared description regulation issued under this section shall be 1401). and weight of the cargo. assessed by the Attorney General, or the des- (8) OCEAN TRANSPORTATION INTER- ‘‘(ix) The shipper’s name and address, or an ignee of the Attorney General, by written MEDIARY.—The term ‘‘ocean transportation identification number, from all airway bills notice. intermediary’’ has the meaning given that and bills of lading. ‘‘(B) CONSIDERATIONS.—In determining the term in section 515.2 of title 46, Code of Fed- ‘‘(x) The consignee’s name and address, or amount of a civil penalty under this para- eral Regulations (as in effect on January 1, an identification number, from all airway graph, the Attorney General shall take into 2003). bills and bills of lading. account— (9) SHIPMENT.—The term ‘‘shipment’’ ‘‘(xi) Notice of any discrepancy between ‘‘(i) the nature, circumstances, extent, and means cargo traveling in international com- actual boarded quantities and airway bill or gravity of the prohibited act committed; and merce under a bill of lading. bill of lading quantities, except that a car- ‘‘(ii) with respect to the violator, the de- (10) SHIPPER.—The term ‘‘shipper’’ means— rier is not required by this clause to verify gree of culpability, any history of prior of- (A) a cargo owner; boarded quantities of cargo in sealed con- fenses, ability to pay, and such other mat- (B) the person for whose account ocean tainers. ters as justice may require. transportation is provided; ‘‘(xii) Transfer or transit information for (C) the person to whom delivery of mer- ‘‘(4) MODIFICATION OF PENALTY.—The Sec- the cargo while it has been under the control chandise is to be made; or retary of Homeland Security may com- of the carrier. (D) a common carrier that accepts respon- promise, modify, or remit, with or without ‘‘(xiii) The location of the warehouse or sibility for payment of all charges applicable conditions, any civil penalty that is subject other facility where the cargo was stored under a tariff or service contract. to imposition or which has been imposed while under the control of the carrier. (11) UNITED STATES SEAPORT.—The term under this section. ‘‘(xiv) The name and address, or identifica- ‘‘United States seaport’’ means a place in ‘‘(5) FAILURE TO PAY.—If a person fails to tion number of the carrier’s customer includ- the United States on a waterway with shore- pay an assessment of a civil penalty after it ing the forwarder, nonvessel operating com- side facilities for the intermodal transfer of has become final, the Secretary of Homeland mon carrier, and consolidator. cargo containers that are used in inter- Security may refer the matter to the Attor- ‘‘(xv) The conveyance name, national flag, national trade. ney General for collection in an appropriate and tail number, vessel number, or train (12) VEHICLE.—The term ‘‘vehicle’’ has the district court of the United States. number. meaning given that term in section 401 of the ‘‘(g) DEFINITION.—For purposes of this sec- ‘‘(xvi) The country of origin and ultimate Tariff Act of 1930 (19 U.S.C. 1401). tion, the term ‘goods or chattels’ means to destination. (13) VESSEL.—The term ‘‘vessel’’ has the be moving as an interstate or foreign ship- ‘‘(xvii) The carrier’s reference number, in- meaning given that term in section 401 of the ment at all points between the point of ori- cluding the booking or bill number. Tariff Act of 1930 (19 U.S.C. 1401). gin and the final destination (as evidenced ‘‘(xviii) The shipper’s commercial invoice by the waybill or other shipping document of Subtitle B—Security Authority number and purchase order number. the shipment) regardless of any temporary SEC. 211. DESIGNATED SECURITY AUTHORITY. ‘‘(xix) Information regarding any haz- stop while awaiting transshipment or other- The Captain-of-the-Port of each United ardous material contained in the cargo. wise.’’. States seaport shall be the primary author- ‘‘(xx) License information including the li- (2) FEDERAL SENTENCING GUIDELINES.—Pur- ity responsible for security at the United cense code, license number, or exemption suant to section 994 of title 28, United States States seaport and shall— code. Code, the United States Sentencing Commis- (1) coordinate security at such seaport; and ‘‘(xxi) The container number for container- sion shall review the Federal Sentencing (2) be the point of contact on seaport secu- ized shipments. Guidelines to determine whether sentencing rity issues for civilian and commercial port ‘‘(xxii) Certification of the empty condi- enhancement is appropriate for any offense entities at such seaport. tion of any empty containers. under section 659 of title 18, United States Subtitle C—Securing the Supply Chain ‘‘(xxiii) Any additional information that Code, as amended by this subsection. SEC. 221. MANIFEST REQUIREMENTS. the Secretary, in consultation with the Sec- (3) ANNUAL REPORT.—The Attorney General Section 431(b) of the Tariff Act of 1930 (19 retary of Homeland Security, by regulation shall annually submit to Congress a report U.S.C. 1431(b)) is amended— determines is reasonably necessary to ensure

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(v) a description of each container; by which such merchandise is transported as (a) FALSITY OR LACK OF MANIFEST.—Sec- (vi) a description of the nature, type, and they are prepared for shipment on a vessel tion 584 of the Tariff Act of 1930 (19 U.S.C. contents of the shipment; that will arrive at any port or place in the 1584) is amended— (vii) the code number from the Harmonized United States; (1) in subsection (a)(1)— Tariff Schedule; (2) develop procedures to ensure the secu- (A) by striking ‘‘$1,000’’ each place it ap- (viii) the port of destination; rity of merchandise inspected as described in pears and inserting ‘‘$50,000’’; and (ix) the final destination of the cargo; paragraph (1) until it reaches the United (B) by striking ‘‘$10,000’’ and inserting (x) the means of conveyance of the cargo; States; and ‘‘$50,000’’; and (xi) the origin of the cargo; (3) permit merchandise inspected as de- (2) by adding at the end the following new (xii) the name of the precarriage deliverer scribed in paragraph (1) to receive expedited subsection: or agent; inspection upon arrival in the United States. (xiii) the port at which the cargo was load- ‘‘(c) CRIMINAL PENALTIES.—Any person who Subtitle D—Security of Seaports and ed; ships or prepares for shipment any merchan- Containers dise bound for the United States who inten- (xiv) the name of the formatting agent; tionally provides inaccurate or false infor- (xv) the bill of lading number; SEC. 231. SEAPORT SECURITY REQUIREMENTS. mation, whether inside or outside the United (xvi) the name of the shipper; (a) REQUIREMENT.—Not later than 180 days States, with respect to such merchandise for (xvii) the name of the consignee; after the date of enactment of this Act, the the purpose of introducing such merchandise (xviii) the universal transaction number or Secretary of Homeland Security shall issue into the United States in violation of the carrier code assigned to the shipper by the final regulations setting forth minimum se- laws of the United States, shall be liable, Secretary; curity requirements, including security per- upon conviction of a violation of this sub- (xix) the information contained in the con- formance standards for United States sea- section, for a fine of not more than $50,000 or tinuous synopsis record for the vessel trans- ports. The regulations shall— imprisonment for 1 year, or both; except that porting the shipment; and (1) limit private vehicle access to the ter- if the importation of such merchandise into (xx) any additional information that the minal area of a United States seaport to ve- the United States is prohibited, such person Secretary by regulation determines is rea- hicles that are registered at such seaport and shall be liable for an additional fine of not sonably necessary to ensure seaport safety. display a seaport registration pass; more than $50,000 or imprisonment for not (2) CONTINUOUS SYNOPSIS RECORD DEFINED.— (2) prohibit individuals, other than law en- more than 5 years, or both.’’. In this subsection, the term ‘‘continuous forcement officers, from carrying firearms or (b) PENALTIES FOR VIOLATIONS OF THE AR- synopsis record’’ means the continuous syn- explosives inside a United States seaport RIVAL, REPORTING, ENTRY, AND CLEARANCE opsis record required by regulation 5 of chap- without written authorization from the Cap- REQUIREMENTS.—Subsections (b) and (c) of ter XI-1 of the Annex to the International tain-of-the-Port; section 436 of Tariff Act of 1930 (19 U.S.C. Convention of the Safety of Life at Sea, 1974. (3) prohibit individuals from physically ac- 1436) are amended to read as follows: (3) EFFECTIVE DATE.—The requirement im- cessing the terminal area of a United States ‘‘(b) CIVIL PENALTY.—Any master, person posed under clause (xix) of paragraph (1)(B) seaport without a seaport specific access in charge of a vessel, vehicle, or aircraft shall take effect on July 1, 2004. pass; pilot who commits any violation listed in (c) CREATION OF PROFILE.—The Secretary (4) require that officers of the Directorate, subsection (a) shall be liable for a civil pen- of Homeland Security shall combine the in- and other appropriate law enforcement offi- alty of $25,000 for the first violation, and formation described in subsection (b) with cers, at United States seaports be provided $50,000 for each subsequent violation, and other law enforcement and national security with, and utilize, personal radiation detec- any conveyance used in connection with any information that the Secretary determines tion pagers to increase the ability of such of- useful to assist in locating containers and such violation is subject to seizure and for- ficers to accurately detect radioactive mate- shipments that could pose a threat to the se- feiture. rials that could be used to commit terrorist curity of the United States and to create a ‘‘(c) CRIMINAL PENALTY.—In addition to acts in the United States; profile of every container and every ship- being liable for a civil penalty under sub- (5) require that the terminal area of each ment within the container that will enter section (b), any master, person in charge of United States seaport be equipped with— a vessel, vehicle, or aircraft pilot who inten- the United States. (d) CARGO SCREENING.— (A) a secure perimeter; tionally commits or causes another to com- (1) IN GENERAL.—Officers of the Directorate (B) monitored or locked access points; and mit any violation listed in subsection (a) shall review the profile of a shipment that a (C) sufficient lighting; and shall be liable, upon conviction, for a fine of shipper desires to transport into the United (6) include any additional security require- not more than $50,000 or imprisonment for 1 States to determine whether the shipment or ment that the Secretary determines is rea- year, or both; except that if the conveyance the container in which it is carried should be sonably necessary to ensure seaport secu- has, or is discovered to have had, on board subjected to additional inspection by the Di- rity. any merchandise (other than sea stores or rectorate. In making such a determination, (b) LIMITATION.—Except as provided in sub- the equivalent for conveyances other than an officer shall consider, in addition to any section (c), any United States seaport that vessels) the importation of which into the other relevant factors— does not meet the minimum security re- United States is prohibited, such individual (A) whether the shipper has regularly quirements described in subsection (a) is pro- shall be liable for an additional fine of not shipped cargo to the United States in the hibited from— more than $50,000 or imprisonment for not past; and (1) handling, storing, stowing, loading, dis- more than 5 years, or both.’’. (B) the specificity of the description of the charging, or transporting dangerous cargo; SEC. 223. SHIPMENT PROFILING PLAN. shipment’s contents. and (a) IN GENERAL.—The Secretary of Home- (2) NOTIFICATION.—The Secretary of Home- (2) transferring passengers to or from a land Security shall develop a shipment land Security shall transmit to the shipper passenger vessel that— profiling plan to track containers and ship- and the person in charge of the vessel, air- (A) weighs more than 100 gross tons; ments of merchandise to be imported into craft, or vehicle on which a shipment is lo- (B) carries more than 12 passengers for the United States. The tracking system shall cated a notification of whether the shipment hire; and be designed to identify any shipment that is is to be subjected to additional inspection as (C) has a planned voyage of more than 24 a threat to the security of the United States described in paragraph (1). hours, part of which is on the high seas. before such shipment enters the United (e) CONSISTENCY WITH THE NATIONAL CUS- (c) EXCEPTION.—The Secretary of Home- States. TOMS AUTOMATION PROGRAM.—The Secretary land Security may waive 1 or more of the (b) INFORMATION REQUIREMENTS.— of Homeland Security, in consultation with minimum requirements described in sub- (1) CONTENT.—The shipment profiling plan the Secretary of the Treasury, shall ensure section (a) for a United States seaport if the required by subsection (a) shall at a min- that the National Customs Automation Pro- Secretary determines that it is not appro- imum— gram established pursuant to section 411 of priate for such seaport to implement the re- (A) require common carriers, shippers, and the Tariff Act of 1930 (19 U.S.C. 1411) is com- quirement. ocean transportation intermediaries to pro- patible with the shipment profile plan devel- vide appropriate information regarding each oped under this section. SEC. 232. SEAPORT SECURITY CARDS. shipment of merchandise, including the in- SEC. 224. INSPECTION OF MERCHANDISE AT FOR- Section 70105 of title 46, United States formation required under section 431(b) of EIGN FACILITIES. Code, is amended— the Tariff Act of 1930 (19 U.S.C. 1431(b)) to the Not later than 180 days after the date of (1) by striking subsection (a) and inserting Secretary of Homeland Security; and enactment of this Act, the Secretary of the following:

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‘‘(a) PROHIBITION.—(1) Unless the require- containers that are used in international the United States either directly or via a for- ments of paragraph (2) are met, the Sec- trade.’’. eign port. Such regulations shall require retary shall prescribe regulations to pro- SEC. 233. SECURING SENSITIVE INFORMATION. that an empty container— hibit— (a) REQUIREMENT.—Not later than 90 days (A) be inspected and certified as empty ‘‘(A) an individual from entering an area of after the date of enactment of this Act, the prior to being loaded onto a vessel for trans- a vessel or facility that is designated as a se- Captain-of-the-Port of each United States portation to a United States seaport; and cure area by the Secretary for purposes of a seaport shall secure and protect all sensitive (B) be sealed with a high security con- security plan for the vessel or facility that is information, including information that is tainer seal approved under subsection (a)(1) approved by the Secretary under section currently available to the public, related to to enhance the security of United States sea- 70103 of this title; and the seaport. ports. ‘‘(B) an individual who is regularly em- (b) SENSITIVE INFORMATION.—In this sec- SEC. 235. OFFICE AND INSPECTION FACILITIES. ployed at a United States seaport or who is tion, the term ‘‘sensitive information’’ (a) OPERATIONAL SPACE IN SEAPORTS.—Each employed by a common carrier that trans- means— entity that owns or operates a United States ports merchandise to or from a United (1) maps of the seaport; seaport that receives cargo from a foreign States seaport from entering a United States (2) blueprints of structures located within country, whether governmental, quasi-gov- seaport. the seaport; and ernmental, or private, shall provide to the ‘‘(2) The prohibition imposed under para- (3) any other information related to the se- Directorate permanent office and inspection graph (1) may not apply to— curity of the seaport that the Captain-of-the- space within the seaport that is sufficient for ‘‘(A) an individual who— Port determines is appropriate to secure and the Directorate officers at the seaport to ‘‘(i) holds a transportation security card protect. carry out their responsibilities. Such office issued under this section; and SEC. 234. CONTAINER SECURITY. and inspection space— ‘‘(ii) is authorized to be in area in accord- (1) shall be provided at no cost to the Di- (a) CONTAINER SEALS.— ance with the plan if the individual is at- rectorate; and (1) APPROVAL.—Not later than 90 days after tempting to enter an area of a vessel or facil- (2) may be located outside the terminal ity that is designated as a secure area by the the date of enactment of this Act, the Sec- retary of Homeland Security shall approve area of the seaport. Secretary for purposes of a security plan for (b) INSPECTION TECHNOLOGY.—The Sec- minimum standards for high security con- the vessel or facility approved by the Sec- retary of Homeland Security shall maintain tainer seals that— retary under section 70103 of this title; or permanent inspection facilities that utilize (A) meet or exceed the American Society ‘‘(B) an individual who is accompanied by available inspection technology in the space for Testing Materials Level D seals; another individual who may access the se- provided at each seaport pursuant to sub- cure area or United States seaport in accord- (B) permit each seal to have a unique iden- section (a). tification number; and ance with this section. SEC. 236. SECURITY GRANTS TO SEAPORTS. (C) contain an electronic tag that can be ‘‘(3) A person may not admit an individual (a) CRITERIA FOR AWARDING GRANTS.—Not- read electronically at a seaport. into a United States seaport or a secure area withstanding any other provision of law, the (2) REQUIREMENT FOR USE.—Within 180 days unless the individual is in compliance with Secretary of Homeland Security shall use after the date of enactment of this Act, the this subsection.’’; the proportion of the containerized imports Secretary of Homeland Security shall deny (2) in paragraph (2) of subsection (b)— that are received at a United States seaport (A) in subparagraph (E), by striking ‘‘and’’; entry of a vessel into the United States if as a factor to be considered when deter- (B) by redesignating subparagraph (F) as the containers carried by the vessel are not mining whether to select that seaport for subparagraph (G); and sealed with a high security container seal award of a competitive grant for security. (C) by inserting after subparagraph (E) the approved under paragraph (1). (b) DEFINITIONS.—In this section: following new subparagraph: (b) IDENTIFICATION NUMBER.— (1) CONTAINERIZED IMPORTS.—The term ‘‘(F) an individual who is regularly em- (1) REQUIREMENT.—A shipment that is ‘‘containerized imports’’ means the number ployed at a United States seaport or who is shipped to or from the United States either of twenty-foot equivalent units of container- employed by a common carrier that trans- directly or via a foreign port shall have a ized imports that enter the United States an- ports merchandise to or from a United designated universal transaction number. nually through a United States seaport as States seaport; and’’; (2) TRACKING.—The person responsible for estimated by the Bureau of Transportation (3) in paragraph (1) of subsection (c)— the security of a container shall record the Statistics of the Department of Transpor- (A) in subparagraph (C), by striking ‘‘or’’; universal transaction number assigned to tation. (B) in subparagraph (D), by striking the pe- the shipment under paragraph (1), as well as (2) COMPETITIVE GRANT FOR SECURITY.—The riod at the end and inserting a semicolon and any seal identification number on the con- term ‘‘competitive grant for security’’ means ‘‘or’’; and tainer, at every port of entry and point at a grant of Federal financial assistance that (C) at the end, by inserting the following which the container is transferred from one the Secretary of Homeland Security is au- new subparagraph: conveyance to another conveyance. thorized to award to a United States seaport ‘‘(E) has not provided sufficient informa- (c) PILOT PROGRAM.— for the purpose of enhancing security at the tion to allow the Secretary to make the de- (1) GRANTS.—The Secretary of Homeland seaport, including a grant of funds appro- terminations described in subparagraph (A), Security is authorized to award grants to eli- priated under the heading ‘‘Maritime and (B), (C), or (D).’’; gible entities to develop an improved seal for Land Security’’ in title I of division I of the (4) by striking subsection (f); and cargo containers that— Consolidated Appropriations Resolution, 2003 (5) by inserting after subsection (e) the fol- (A) permit the immediate detection of (Public Law 108–7). tampering with the seal; lowing new subsections: TITLE III—AUTHORIZATION ‘‘(f) DATA ON CARDS.—A transportation se- (B) permit the immediate detection of curity card issued under this section shall— tampering with the walls, ceiling, or floor of SEC. 301. AUTHORIZATION OF APPROPRIATIONS. ‘‘(1) be tamper resistant; and a container that indicates a person is at- There are authorized to be appropriated to ‘‘(2) contain— tempting to improperly access the container; the Attorney General and the Secretary of ‘‘(A) the number of the individual’s com- and Homeland Security such sums as are nec- essary to carry out this Act. Sums author- mercial driver’s license issued under chapter (C) transmit information regarding tam- ized to be appropriated under this section are 313 of title 49, if any; pering with the seal, walls, ceiling, or floor authorized to remain available until ex- ‘‘(B) the State-issued vehicle registration of the container in real time to the appro- pended. number of any vehicle that the individual de- priate authorities at a remote location. sires to bring into the United States seaport, (2) APPLICATION.—Each eligible entity f if any; seeking a grant under this subsection shall SUBMITTED RESOLUTIONS ‘‘(C) the work permit number issued to the submit an application to the Secretary at individual, if any; such time, in such manner, and accompanied ‘‘(D) a unique biometric identifier to iden- by such information as the Secretary may SENATE RESOLUTION 101—CALL- reasonably require. tify the license holder; and ING FOR THE PROSECUTION OF ‘‘(E) a safety rating assigned to the indi- (3) ELIGIBLE ENTITY.—In this subsection, vidual by the Secretary of Homeland Secu- the term ‘‘eligible entity’’ means any na- IRAQIS AND THEIR SUPPORTERS rity. tional laboratory, nonprofit private organi- FOR WAR CRIMES, AND FOR ‘‘(g) DEFINITIONS.—In this section: zation, institution of higher education, or OTHER PURPOSES ‘‘(1) ALIEN.—The term ‘alien’ has the other entity that the Secretary determines Mr. SPECTER submitted the fol- meaning given the term in section 101(a)(3) is eligible to receive a grant authorized by lowing resolution; which was referred of the Immigration and Nationality Act (8 paragraph (1). to the Committee on Foreign Rela- U.S.C. 1101(a)(3)). (d) EMPTY CONTAINERS.— ‘‘(2) UNITED STATES SEAPORT.—The term (1) CERTIFICATION.—The Secretary of tions: ‘United States seaport’ means a place in the Homeland Security shall prescribe in regula- S. RES. 101 United States on a waterway with shoreside tions requirements for certification of empty Resolved, That it is the sense of the Senate facilities for the intermodal transfer of cargo containers that are to be shipped to or from that—

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.039 S31PT1 S4578 CONGRESSIONAL RECORD — SENATE March 31, 2003 (1) the governments of the United States, ians and employing so-called human unless the Bush administration aban- the United Kingdom, and other nations com- shields. dons the (then) 10-day-old war and prising the coalition conducting Operation In an interview which appeared on pulls back its troops. Iraqi Freedom should prosecute by trial by ABC Television on Sunday, March 30th, The interview by ABC TV news cor- tribunal each person in the Government of Deputy Prime Minister Tariq Aziz stat- Iraq, each person in the armed forces of Iraq, respondent Richard Engel went on to and any other person, regardless of nation- ed that this was to be the policy of question Deputy Prime Minister Aziz ality, who orders, directs, solicits, procures, Iraq. This statement was in response to about the nature of such attacks in the coordinates, participates in, or supports acts a question by ABC News correspondent future, and Minister Aziz commented: in violation of the international law of Richard Engel, a question related to ‘‘There will be others. Iraqis, Arabs, armed conflict (including the aspects of such the comment by the Vice President of maybe Muslims, yes. We welcome law known as the Hague and Geneva Conven- Iraq the preceding day, Saturday, them.’’ tions) that are directed at members of the March 29th, and then again by a De- Minister Aziz took pride in pointing armed forces of the coalition nations or at fense Ministry spokesman on March the people of Iraq or any other nation; out: ‘‘[T]he first one who did it was an (2) in the determination of appropriate per- 30th, that Iraq is ‘‘welcoming the use of Iraqi. He was not a foreigner.’’ sons to be charged and tried by such tribunal [such] suicide attacks.’’ It is my view that this is one of a se- on the basis of command responsibility for I am today introducing a resolution ries of acts by the Iraqi Government in any violation, consideration should be given which condemns this practice as a war violation of the laws of war itemized in to identifying responsible persons through- crime, to put the government of Iraq the Hague and Geneva Conventions, out the full range of the chain command, and on notice that the United States, Great and that more and varied types of not only persons within formal chains of Britain, and coalition forces will be atrocities may be expected by the des- command of the government and armed prosecuting these atrocities as war forces of Iraq, but also persons integral to perate Iraqi Government. any informal link by which a person in the crimes. Human Rights Watch com- That is why I have prepared today government of Iraq or the armed forces of mented on this matter, condemned the this resolution which calls upon: Iraq, or any other person, directs para- act in a press release issued just today, . . . the governments of the United States, military, political, or guerrilla forces; saying: ‘‘Feigning civilian or non- the United Kingdom, and other nations com- (3) in the determination of appropriate per- combatant status to deceive the enemy prising the coalition conducting Operation sons to be charged and tried by such tri- is a violation of the laws of war. . . .’’ Iraqi Freedom [to] prosecute by trial by tri- bunal, consideration should also be given to On March 29, that is last Saturday, at bunal each person in the Government of Iraq, identifying persons who use political posi- a U.S. military roadblock near Najaf, each person in the armed forces of Iraq, and tion or mass media in any of the violations; an Iraqi noncommissioned officer, re- any other person, regardless of nationality, and who orders, directs, solicits, procures, co- (4) in the determination of the violations portedly posing as a taxi driver, deto- ordinates, participates in, or supports acts in of the international law of armed conflict to nated a car bomb that killed him and violation of the international law of armed be tried by the tribunal, particular attention four U.S. soldiers. Iraqi Vice President conflict (including the aspects of such law should be given to acts in the nature of those Taha Yassin Ramadan said in a Bagh- known as the Hague and Geneva Conven- that, as of the date of this resolution, have dad news conference that such attacks tions) . . . . already been committed by Iraqi directed would become ‘‘routine military pol- The resolution specifies a series of forces, such as— icy.’’ The executive director of the circumstances where there is: (A) the abuse of places protected from Human Rights Watch, Mr. Kenneth military attack under international law, . . . abuse of places protected from mili- such as the use of mosques and hospitals as Roth, said: ‘‘When combatants disguise tary attack under international law, such as military headquarters or for other military themselves as civilians or surrendering the use of mosques and hospitals as military purposes; soldiers, that is a serious violation of headquarters or for other military purposes; (B) the ruse by which Iraqi combatants the laws of war. Any such blurring of . . . the ruse by which Iraqi combatants wear civilian clothing instead of, or over, the line between combatant and non- wear civilian clothing instead of, or over, uniforms to conceal their status as combat- uniforms to conceal their status as combat- combatant puts all Iraqis at greater ants and, while so clothed, attack coalition ants and, while so clothed, attack coalition risk.’’ forces; forces; International law prohibits attack- . . . the ruse by which Iraqi combatants (C) the ruse by which Iraqi combatants ing, killing, injuring, capturing, or de- feign surrender to coalition forces to gain feign surrender to coalition forces to gain advantage used by the Iraqi combatants to ceiving the enemy by resorting to what advantage used by the Iraqi combatants to attack personnel of the coalition forces; is called perfidy. A ‘‘perfidious attack’’ attack personnel of the coalition forces; (D) the use of civilians or other persons is one launched by combatants who . . . the use of civilians or other persons protected under international law as human have led opposing forces to believe that protected under international law as human shields for Iraqi combatants on the battle- the attackers are really noncombat- shields for Iraqi combatants on the battle- field; field; ants. Acts of perfidy include pretending (E) assault, murder, kidnapping, or torture . . . assault, murder, kidnapping, or tor- to be a civilian who cannot be at- ture of civilians or other persons protected of civilians or other persons protected under tacked, or feigning surrender. Surren- international law in order to terrorize those under international law in order to terrorize persons or others or to prevent them from dering soldiers cannot be attacked, so those persons or others or to prevent them gaining the protection of coalition forces; it is perfidious to use that protected from gaining the protection of coalition (F) abuse, torture, assault, or murder of status to attack as the opposing forces forces; personnel of coalition forces entitled to let down their guard as they try to . . . abuse, torture, assault, or murder of personnel of coalition forces entitled to treatment as prisoners of war or of civilians take the ‘‘surrendering’’ soldiers into entitled to a protected status under inter- treatment as prisoners of war or of civilians custody. entitled to a protected status under inter- national law; and Now, this technique, this tactic, has (G) recruitment or encouragement of non- national law; and been sanctioned, as noted, at the high- . . . recruitment or encouragement of non- Iraqi foreign nationals to engage in viola- Iraqi foreign nationals to engage in viola- tions of the international law of armed con- est level of the Iraqi government by tions of the international law of armed con- flict. the Vice President of Iraq and by Dep- uty Prime Minister Tariq Aziz. Min- flict. Mr. SPECTER. Mr. President, I was ister Aziz has been the leading Iraqi We are saying what has occurred in alarmed over the past weekend to note spokesman for more than a decade, Iraq today are the actions of a des- the suicide bombing which was per- going back, actually, before the gulf perate nation. petrated on Saturday where four war in 1991. When Minister Aziz speaks, I believe it is very important that United States soldiers in the 3rd Infan- there is no doubt that he is speaking at the upper echelon of the Iraqi Govern- try Division were murdered by a sui- the highest level of the Iraqi govern- ment, people such as the Vice Presi- cide car bomb, with a bomber driving a ment. dent, people such as Deputy Prime taxi filled with explosives to a highway The Iraqi government awarded the Minister Aziz, be put on notice that checkpoint in central Iraq. This is the suicide bomber two posthumous medals these acts in violation of The Hague first such attack on American troops and the Vice President said the suicide and Geneva Conventions will be dealt in this war, a war in which Iraqi forces attacks will become routine military with very forcefully by a tribunal have been accused of dressing as civil- policy in Iraq and in the United States which is yet to be established.

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.040 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4579 I do not specify at this time the kind war criminals if they continue to vio- Sec. 204. Emergency legislation. of tribunal. That will require some fur- late international law. Sec. 205. Pay-as-you-go point of order in the ther analysis. It could be a military Senate. f Sec. 206. Sense of the Senate on reports on li- tribunal to try those offenses where AUTHORITY FOR COMMITTEES TO abilities and future costs the victims are soldiers of the U.S. MEET Subtitle B—Reserve Funds and Other Army, or of the British Army, or sol- Adjustments COMMITTEE ON ARMED SERVICES diers of the coalition forces. Sec. 211. Adjustment for special education. It might be an international tribunal Mr. THOMAS. Mr. President, I ask Sec. 212. Adjustment for highways and high- such as that which was established for unanimous consent that the Com- way safety and transit. the former Yugoslavia, or Rwanda. mittee on Armed Services be author- Sec. 213. Reserve fund for medicare. It is worth noting, and the Iraqi offi- ized to meet during the session of the Sec. 214. Reserve fund for health insurance for cials ought to be watching, what has Senate on Monday, March 31, 2003, at the uninsured. happened at The Hague and what hap- 4:00 p.m., in open session, to receive Sec. 215. Reserve fund for children with special needs. pened in Rwanda. The former head of testimony on the U.S. Air Force inves- Sec. 216. Reserve fund for medicaid reform. state of Rwanda is now serving a life tigation into allegations of sexual as- Sec. 217. Reserve fund for project bioshield. sentence—notwithstanding that he was sault at the U.S. Air Force Academy Sec. 218. Reserve fund for stateside grant pro- the head of state of Rwanda—for and related recommendations. gram. crimes against humanity. In a well- The PRESIDING OFFICER. Without Sec. 219. Reserve fund for State children’s publicized case, former Yugoslavian objection, it is so ordered. health insurance program. Subtitle C—Miscellaneous Provisions President Milosevic is now on trial in COMMITTEE ON EMERGING THREATS AND The Hague for violations of inter- CAPABILITIES Sec. 221. Adjustments to reflect changes in con- national law and crimes against hu- Mr. THOMAS. Mr. President, I ask cepts and definitions. manity. Many have been sentenced for Sec. 222. Application and effect of changes in unanimous consent that the Sub- allocations and aggregates. criminal conduct, for violations of committee on Emerging Threats and Sec. 223. Exercise of rulemaking powers. international law in Bosnia and in Capabilities of the Committee on TITLE III—SENSE OF THE SENATE Kosovo. So at this early stage I believe Armed Services be authorized to meet Sec. 301. Sense of the Senate on Federal em- it is important that the word go out to during the session of the Senate on ployee pay. the Iraqi high command and to those Monday, March 31, 2003, at 2:00 p.m., in Sec. 302. Sense of the Senate on tribal colleges who follow orders of the Iraqi high open session to receive testimony on and universities. command that they will be prosecuted the science and technology program Sec. 303. Sense of the Senate regarding the 504 as war criminals. and the role of Department of Defense small business credit program. It is not a defense that someone says laboratories in review of the Defense Sec. 304. Sense of the Senate regarding Pell that he or she is operating under an Grants. authorization request for fiscal year Sec. 305. Sense of the Senate regarding the Na- order from a superior officer. In a very 2004. tional Guard. celebrated case in World War I, a Ger- The PRESIDING OFFICER. Without Sec. 306. Sense of the Senate regarding weapons man U-boat sank an Allied ship. As it objection, it is so ordered. of mass destruction civil support went down, those in lifeboats were f teams. machinegunned by the submarine, Sec. 307. Sense of the Senate on emergency and which had surfaced. The perpetrator of HOUSE CONCURRENT RESOLUTION disaster assistance for livestock the machinegunning entered a defense 95 and agriculture producers. Sec. 308. Social Security restructuring. that the machinegunner was operating The Senate passed H. Con. Res. 95 on Sec. 309. Sense of the Senate concerning State under superior’s orders. That was Wednesday, March 26, 2003 as follows: fiscal relief. soundly rejected. So the principle has In the Senate of the United States, March Sec. 310. Federal Agency Review Commission. been established as a matter of inter- 26, 2003. Sec. 311. Sense of the Senate regarding high- national law that it is no defense to Resolved, That the resolution from the way spending. say a person operates under superior’s House of Representatives (H. Con. Res. 95) Sec. 312. Sense of the Senate concerning an ex- entitled ‘‘Concurrent resolution establishing pansion in health care coverage. orders. Sec. 313. Sense of the Senate on the State Crimi- Of course, it is not a defense at all for the congressional budget for the United States Government for fiscal year 2004 and nal Alien Assistance Program. ranking officials such as the Iraqi Vice setting forth appropriate budgetary levels Sec. 314. Sense of the Senate concerning pro- President and the Iraqi Deputy Prime for fiscal years 2003 and 2005 through 2013.’’, grams of the Corps of Engineers. Minister, who know better, who are en- do pass with the following amendment: Sec. 315. Radio interoperability for first re- gaging in these violations of inter- Strike out all after the resolving clause sponders. national law. Those who carry out the and insert: Sec. 316. Sense of the Senate on corporate tax haven loopholes. orders of these Iraqis ought to be on SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2004. Sec. 317. Sense of Senate on phased-in concur- notice, too, that these matters will not rent receipt of retired pay and be over when we win the war, when the (a) DECLARATION.—Congress declares that this resolution is the concurrent resolution on the veterans’ disability compensation war stops, because these individuals budget for fiscal years 2003 and 2004 including for veterans with service-con- will be pursued in trials just as the the appropriate budgetary levels for fiscal year nected disabilities rated at 60 per- head of state of Rwanda was pursued 2003 and for fiscal years 2005 through 2013 as cent or higher. and is serving a life sentence; just as authorized by section 301 of the Congressional Sec. 318. Sense of the Senate concerning Native Budget Act of 1974 (2 U.S.C. 632). American health. former President Milosevic is being Sec. 319. Reserve fund to strengthen social se- pursued and prosecuted; as so many (b) TABLE OF CONTENTS.—The table of con- tents for this concurrent resolution is as follows: curity. others are being pursued. Sec. 320. Sense of the Senate on providing tax This word ought to go out in a very Sec. 1. Concurrent resolution on the budget for and other incentives to revitalize forceful way to the Iraqis that this fiscal year 2004. rural America. conduct in violation of international TITLE I—LEVELS AND AMOUNTS Sec. 321. Sense of the Senate concerning higher law will not be tolerated. Sec. 101. Recommended levels and amounts. education affordability. In 1998 I introduced S. Con. Res. 78 Sec. 102. Social Security. Sec. 322. Sense of the Senate concerning chil- dren’s graduate medical edu- calling for a war crimes tribunal to try Sec. 103. Major functional categories. Sec. 104. Reconciliation in the Senate. cation. Saddam Hussein as a war criminal. On Sec. 323. Sense of the Senate on funding for March 13, 1998, that was passed unani- TITLE II—BUDGET ENFORCEMENT AND RULEMAKING criminal justice. mously, 93 to nothing, by the Senate. Sec. 324. Sense of the Senate concerning fund- Subtitle A—Budget Enforcement So there is a demonstrated interest on ing for drug treatment programs. the part of this body in acting very Sec. 201. Extension of supermajority enforce- Sec. 325. Funding for after-school programs. ment. Sec. 326. Sense of the Senate on the $1,000 child forcefully to give notice to, not only Sec. 202. Discretionary spending limits in the credit Saddam Hussein, but other Iraqi offi- Senate. Sec. 327. Sense of the Senate concerning fund- cials and those who carry out their or- Sec. 203. Restrictions on advance appropria- ing for domestic nutrition assist- ders that they will be prosecuted as tions in the Senate. ance programs

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 6343 E:\CR\FM\G31MR6.026 S31PT1 S4580 CONGRESSIONAL RECORD — SENATE March 31, 2003 Sec. 328. Sense of Senate concerning free trade Fiscal year 2007: $8,732,633,000,000. (A) New budget authority, $4,954,000,000. agreement with the United King- Fiscal year 2008: $9,233,290,000,000. (B) Outlays, $4,924,000,000. dom Fiscal year 2009: $9,726,900,000,000. Fiscal year 2011: Sec. 329. Reserve fund for possible military ac- Fiscal year 2010: $10,207,984,000,000. (A) New budget authority, $5,121,000,000. tion and reconstruction in Iraq Fiscal year 2011: $10,663,002,000,000. (B) Outlays, $5,091,000,000. TITLE I—LEVELS AND AMOUNTS Fiscal year 2012: $11,034,232,000,000. Fiscal year 2012: Fiscal year 2013: $11,363,714,000,000. (A) New budget authority, $5,292,000,000. SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. (6) DEBT HELD BY THE PUBLIC.—The appro- (B) Outlays, $5,260,000,000. The following budgetary levels are appro- priate levels of the debt held by the public are Fiscal year 2013: priate for the fiscal years 2003 through 2013: as follows: (A) New budget authority, $5,471,000,000. EDERAL REVENUES.—For purposes of the (1) F Fiscal year 2003: $3,847,900,000,000. (B) Outlays, $5,439,000,000. enforcement of this resolution— Fiscal year 2004: $4,131,037,000,000. SEC. 103. MAJOR FUNCTIONAL CATEGORIES. (A) The recommended levels of Federal reve- Fiscal year 2005: $4,354,830,000,000. Congress determines and declares that the ap- nues are as follows: Fiscal year 2006: $4,536,407,000,000. propriate levels of new budget authority, budget Fiscal year 2003: $1,333,861,000,000. Fiscal year 2007: $4,676,003,000,000. Fiscal year 2004: $1,400,789,000,000. outlays, new direct loan obligations, and new Fiscal year 2008: $4,800,602,000,000. Fiscal year 2005: $1,566,044,000,000. primary loan guarantee commitments for fiscal Fiscal year 2009: $4,896,298,000,000. Fiscal year 2006: $1,702,314,000,000. years 2003 through 2013 for each major func- Fiscal year 2010: $4,955,445,000,000. Fiscal year 2007: $1,828,213,000,000. tional category are: Fiscal year 2011: $4,966,079,000,000. Fiscal year 2008: $1,935,251,000,000. (1) National Defense (050): Fiscal year 2012: $4,870,951,000,000. Fiscal year 2009: $2,043,323,000,000. Fiscal year 2003: Fiscal year 2013: $4,517,682,000,000. Fiscal year 2010: $2,141,398,000,000. (A) New budget authority, $395,494,000,000. Fiscal year 2011: $2,309,946,000,000. SEC. 102. SOCIAL SECURITY. (B) Outlays, $389,229,000,000. Fiscal year 2012: $2,463,192,000,000. (a) SOCIAL SECURITY REVENUES.—For pur- Fiscal year 2004: Fiscal year 2013: $2,522,440,090,000. poses of Senate enforcement under sections 302 (A) New budget authority, $400,658,000,000. (B) The amounts by which the aggregate lev- and 311 of the Congressional Budget Act of 1974, (B) Outlays, $401,064,000,000. els of Federal revenues should be changed are the amounts of revenues of the Federal Old-Age Fiscal year 2005: as follows: and Survivors Insurance Trust Fund and the (A) New budget authority, $420,402,000,000. Fiscal year 2003: ¥$25,973,000,000. Federal Disability Insurance Trust Fund are as (B) Outlays, $414,536,000,000. Fiscal year 2004: ¥$65,581,000,000 follows: Fiscal year 2006: Fiscal year 2005: ¥$50,982,000,000. Fiscal year 2003: $531,607,000,000. (A) New budget authority, $440,769,000,000. Fiscal year 2006: ¥$38,358,000,000. Fiscal year 2004: $557,826,000,000. (B) Outlays, $426,591,000,000. Fiscal year 2007: ¥$24,953,000,000. Fiscal year 2005: $587,785,000,000. Fiscal year 2007: Fiscal year 2008: ¥$27,726,000,000. Fiscal year 2006: $619,062,000,000. (A) New budget authority, $461,400,000,000. Fiscal year 2009: ¥$35,007,000,000. Fiscal year 2007: $651,128,000,000. (B) Outlays, $439,621,000,000. Fiscal year 2010: ¥$51,644,000,000. Fiscal year 2008: $684,409,000,000. Fiscal year 2008: Fiscal year 2011: ¥$117,550,000,000. Fiscal year 2009: $719,112,000,000. (A) New budget authority, $482,340,000,000. Fiscal year 2012: ¥$186,587,000,000. Fiscal year 2010: $755,724,000,000. (B) Outlays, $464,315,000,000. Fiscal year 2013: ¥$176,785,000,000. Fiscal year 2011: $792,122,000,000. Fiscal year 2009: (A) New budget authority, $489,209,000,000. (2) NEW BUDGET AUTHORITY.—For purposes of Fiscal year 2012: $829,538,000,000. the enforcement of this resolution, the appro- Fiscal year 2013: $869,650,000,000. (B) Outlays, $477,989,000,000. Fiscal year 2010: priate levels of total new budget authority are (b) SOCIAL SECURITY OUTLAYS.—For purposes (A) New budget authority, $495,079,000,000. as follows: of Senate enforcement under sections 302 and (B) Outlays, $487,993,000,000. Fiscal year 2003: $1,794,227,000,000. 311 of the Congressional Budget Act of 1974, the Fiscal year 2011: Fiscal year 2004: $1,874,032,000,000. amounts of outlays of the Federal Old-Age and (A) New budget authority, $502,947,000,000. Fiscal year 2005: $1,994,686,000,000. Survivors Insurance Trust Fund and the Fed- (B) Outlays, $500,478,000,000. Fiscal year 2006: $2,124,245,000,000. eral Disability Insurance Trust Fund are as fol- Fiscal year 2012: Fiscal year 2007: $2,235,720,000,000. lows: (A) New budget authority, $510,984,000,000. Fiscal year 2008: $2,348,071,000,000. Fiscal year 2003: $366,296,000,000. (B) Outlays, $501,628,000,000. Fiscal year 2009: $2,437,669,000,000. Fiscal year 2004: $380,467,000,000. Fiscal year 2013: Fiscal year 2010: $2,500,565,000,000. Fiscal year 2005: $390,247,000,000. (A) New budget authority, $519,393,000,000. Fiscal year 2011: $2,635,593,000,000. Fiscal year 2006: $402,579,000,000. (B) Outlays, $514,885,000,000. Fiscal year 2012: $2,714,087,000,000. Fiscal year 2007: $415,605,000,000. (2) International Affairs (150): Fiscal year 2013: $2,826,659,000,000. Fiscal year 2008: $429,595,000,000. Fiscal year 2003: (3) BUDGET OUTLAYS.—For purposes of the en- Fiscal year 2009: $446,203,000,000. (A) New budget authority, $22,506,000,000. forcement of this resolution, the appropriate lev- Fiscal year 2010: $464,626,000,000. (B) Outlays, $19,283,000,000. els of total budget outlays are as follows: Fiscal year 2011: $483,334,000,000. Fiscal year 2004: Fiscal year 2003: $1,781,356,000,000. Fiscal year 2012: $506,507,000,000. (A) New budget authority, $25,681,000,000. Fiscal year 2004: $1,861,586,000,000. Fiscal year 2013: $533,097,000,000. (B) Outlays, $24,207,000,000. Fiscal year 2005: $1,978,275,000,000. (c) SOCIAL SECURITY ADMINISTRATIVE EX- Fiscal year 2005: Fiscal year 2006: $2,086,486,000,000. PENSES.—In the Senate, the amounts of new (A) New budget authority, $29,734,000,000. Fiscal year 2007: $2,190,507,000,000. budget authority and budget outlays of the Fed- (B) Outlays, $24,917,000,000. Fiscal year 2008: $2,302,685,000,000. eral Old-Age and Survivors Insurance Trust Fiscal year 2006: Fiscal year 2009: $2,401,719,000,000. Fund and the Federal Disability Insurance (A) New budget authority, $32,308,000,000. Fiscal year 2010: $2,482,496,000,000. Trust Fund for administrative expenses are as (B) Outlays, $26,539,000,000. Fiscal year 2011: $2,620,630,000,000. follows: Fiscal year 2007: Fiscal year 2012: $2,683,238,000,000. Fiscal year 2003: (A) New budget authority, $33,603,000,000. Fiscal year 2013: $2,804,218,000,000. (A) New budget authority, $3,812,000,000. (B) Outlays, $28,464,000,000. (4) DEFICITS.—For purposes of the enforce- (B) Outlays, $3,838,000,000. Fiscal year 2008: ment of this resolution, the amounts of the defi- Fiscal year 2004: (A) New budget authority, $34,611,000,000. cits are as follows: (A) New budget authority, $4,257,000,000. (B) Outlays, $29,604,000,000. Fiscal year 2003: ¥$447,570,000,000. (B) Outlays, $4,207,000,000. Fiscal year 2009: Fiscal year 2004: ¥$460,721,000,000. Fiscal year 2005: (A) New budget authority, $35,413,000,000. Fiscal year 2005: ¥$411,598,000,000. (A) New budget authority, $4,338,000,000. (B) Outlays, $30,733,000,000. Fiscal year 2006: ¥$383,662,000,000. (B) Outlays, $4,301,000,000. Fiscal year 2010: Fiscal year 2007: ¥$362,067,000,000. Fiscal year 2006: (A) New budget authority, $36,258,000,000. Fiscal year 2008: ¥$367,527,000,000. (A) New budget authority, $4,424,000,000. (B) Outlays, $31,689,000,000. Fiscal year 2009: ¥$358,779,000,000. (B) Outlays, $4,409,000,000. Fiscal year 2011: Fiscal year 2010: ¥$341,720,000,000. Fiscal year 2007: (A) New budget authority, $37,136,000,000. Fiscal year 2011: ¥$312,000,000,000. (A) New budget authority, $4,522,000,000. (B) Outlays, $32,565,000,000. Fiscal year 2012: ¥$221,616,000,000. (B) Outlays, $4,505,000,000. Fiscal year 2012: Fiscal year 2013: ¥$178,665,000,000. Fiscal year 2008: (A) New budget authority, $38,005,000,000. (5) PUBLIC DEBT.—The appropriate levels of (A) New budget authority, $4,638,000,000. (B) Outlays, $33,408,000,000. the public debt are as follows: (B) Outlays, $4,617,000,000. Fiscal year 2013: Fiscal year 2003: $6,677,267,000,000. Fiscal year 2009: (A) New budget authority, $38,885,000,000. Fiscal year 2004: $7,215,918,000,000. (A) New budget authority, $4,792,000,000. (B) Outlays, $34,298,000,000. Fiscal year 2005: $7,733,105,000,000. (B) Outlays, $4,766,000,000. (3) General Science, Space, and Technology Fiscal year 2006: $8,241,417,000,000. Fiscal year 2010: (250):

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 6333 E:\CR\FM\A31MR6.043 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4581 Fiscal year 2003: (B) Outlays, $34,701,000,000. Fiscal year 2005: (A) New budget authority, $23,153,000,000. Fiscal year 2010: (A) New budget authority, $76,502,000,000. (B) Outlays, $21,556,000,000. (A) New budget authority, $36,198,000,000. (B) Outlays, $71,581,000,000. Fiscal year 2004: (B) Outlays, $35,512,000,000. Fiscal year 2006: (A) New budget authority, $23,603,000,000. Fiscal year 2011: (A) New budget authority, $77,515,000,000. (B) Outlays, $22,728,000,000. (A) New budget authority, $36,958,000,000. (B) Outlays, $73,035,000,000. Fiscal year 2005: (B) Outlays, $36,267,000,000. Fiscal year 2007: (A) New budget authority, $24,433,000,000. Fiscal year 2012: (A) New budget authority, $79,931,000,000. (B) Outlays, $23,715,000,000. (A) New budget authority, $37,592,000,000. (B) Outlays, $74,938,000,000. Fiscal year 2006: (B) Outlays, $36,874,000,000. Fiscal year 2008: (A) New budget authority, $25,217,000,000. Fiscal year 2013: (A) New budget authority, $82,747,000,000. (B) Outlays, $24,420,000,000. (A) New budget authority, $38,316,000,000. (B) Outlays, $77,285,000,000. Fiscal year 2007: (B) Outlays, $37,677,000,000. Fiscal year 2009: (A) New budget authority, $26,055,000,000. (6) Agriculture (350): (A) New budget authority, $85,361,000,000. (B) Outlays, $25,202,000,000. Fiscal year 2003: (B) Outlays, $79,865,000,000. Fiscal year 2008: (A) New budget authority, $24,418,000,000. Fiscal year 2010: (A) New budget authority, $26,832,000,000. (B) Outlays, $23,365,000,000. (A) New budget authority, $72,323,000,000. (B) Outlays, $25,942,000,000. Fiscal year 2004: (B) Outlays, $79,034,000,000. Fiscal year 2009: (A) New budget authority, $24,457,000,000. Fiscal year 2011: (A) New budget authority, $27,462,000,000. (B) Outlays, $23,530,000,000. (A) New budget authority, $73,183,000,000. (B) Outlays, $26,639,000,000. Fiscal year 2005: (B) Outlays, $75,686,000,000. Fiscal year 2010: (A) New budget authority, $26,844,000,000. Fiscal year 2012: (A) New budget authority, $28,121,000,000. (B) Outlays, $25,604,000,000. (A) New budget authority, $74,067,000,000. (B) Outlays, $27,296,000,000. Fiscal year 2006: (B) Outlays, $74,865,000,000. Fiscal year 2011: (A) New budget authority, $26,661,000,000. Fiscal year 2013: (A) New budget authority, $28,805,000,000. (B) Outlays, $25,426,000,000. (A) New budget authority, $74,987,000,000. (B) Outlays, $27,963,000,000. Fiscal year 2007: (B) Outlays, $75,124,000,000. Fiscal year 2012: (A) New budget authority, $26,141,000,000. (9) Community and Regional Development (A) New budget authority, $29,492,000,000. (B) Outlays, $24,949,000,000. (450): (B) Outlays, $28,639,000,000. Fiscal year 2008: Fiscal year 2003: Fiscal year 2013: (A) New budget authority, $25,363,000,000. (A) New budget authority, $15,751,000,000. (A) New budget authority, $30,185,000,000. (B) Outlays, $24,237,000,000. (B) Outlays, $17,569,000,000. (B) Outlays, $29,319,000,000. Fiscal year 2009: Fiscal year 2004: (4) Energy (270): (A) New budget authority, $25,943,000,000. (A) New budget authority, $14,323,000,000. Fiscal year 2003: (B) Outlays, $24,979,000,000. (B) Outlays, $16,716,000,000. (A) New budget authority, $2,074,000,000. Fiscal year 2010: Fiscal year 2005: (B) Outlays, $439,000,000. (A) New budget authority, $25,407,000,000. (A) New budget authority, $14,398,000,000. Fiscal year 2004: (B) Outlays, $24,578,000,000. (B) Outlays, $16,696,000,000. (A) New budget authority, $2,634,000,000. Fiscal year 2011: Fiscal year 2006: (B) Outlays, $873,000,000. (A) New budget authority, $24,864,000,000. (A) New budget authority, $14,581,000,000. Fiscal year 2005: (B) Outlays, $24,053,000,000. (B) Outlays, $15,553,000,000. (A) New budget authority, $2,797,000,000. Fiscal year 2012: Fiscal year 2007: (B) Outlays, $947,000,000. (A) New budget authority, $24,455,000,000. (A) New budget authority, $14,796,000,000. Fiscal year 2006: (B) Outlays, $23,660,000,000. (B) Outlays, $15,096,000,000. (A) New budget authority, $2,714,000,000. Fiscal year 2013: Fiscal year 2008: (B) Outlays, $1,272,000,000. (A) New budget authority, $24,185,000,000. (A) New budget authority, $15,005,000,000. Fiscal year 2007: (B) Outlays, $23,386,000,000. (B) Outlays, $14,383,000,000. (A) New budget authority, $2,540,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2009: (B) Outlays, $1,069,000,000. Fiscal year 2003: (A) New budget authority, $15,240,000,000. Fiscal year 2008: (A) New budget authority, $8,812,000,000. (B) Outlays, $14,558,000,000. (A) New budget authority, $3,080,000,000. (B) Outlays, $5,881,000,000. Fiscal year 2010: (B) Outlays, $1,419,000,000. Fiscal year 2004: (A) New budget authority, $15,493,000,000. Fiscal year 2009: (A) New budget authority, $7,428,000,000. (B) Outlays, $14,761,000,000. (A) New budget authority, $3,090,000,000. (B) Outlays, $3,486,000,000. Fiscal year 2011: (B) Outlays, $1,686,000,000. Fiscal year 2005: (A) New budget authority, $15,752,000,000. Fiscal year 2010: (A) New budget authority, $8,655,000,000. (B) Outlays, $15,010,000,000. (A) New budget authority, $3,194,000,000. (B) Outlays, $3,962,000,000. Fiscal year 2012: (B) Outlays, $1,794,000,000. Fiscal year 2006: (A) New budget authority, $16,015,000,000. Fiscal year 2011: (A) New budget authority, $8,192,000,000. (B) Outlays, $15,252,000,000. (A) New budget authority, $3,296,000,000. (B) Outlays, $3,028,000,000. Fiscal year 2013: (B) Outlays, $1,976,000,000. Fiscal year 2007: (A) New budget authority, $16,283,000,000. Fiscal year 2012: (A) New budget authority, $8,538,000,000. (B) Outlays, $15,519,000,000. (A) New budget authority, $3,408,000,000. (B) Outlays, $2,563,000,000. (10) Education, Training, Employment, and (B) Outlays, $2,357,000,000. Fiscal year 2008: Social Services (500): Fiscal year 2013: (A) New budget authority, $8,655,000,000. Fiscal year 2003: (A) New budget authority, $3,520,000,000. (B) Outlays, $2,155,000,000. (A) New budget authority, $82,974,000,000. (B) Outlays, $2,326,000,000. Fiscal year 2009: (B) Outlays, $81,531,000,000. (5) Natural Resources and Environment (300): (A) New budget authority, $8,438,000,000. Fiscal year 2004: Fiscal year 2003: (B) Outlays, $1,931,000,000. (A) New budget authority, $97,609,602,000. (A) New budget authority, $30,816,000,000. Fiscal year 2010: (B) Outlays, $86,279,192,040. (B) Outlays, $28,940,000,000. (A) New budget authority, $8,319,000,000. Fiscal year 2005: Fiscal year 2004: (B) Outlays, $1,450,000,000. (A) New budget authority, $91,777,000,000. (A) New budget authority, $35,253,000,000. Fiscal year 2011: (B) Outlays, $91,286,709,260. (B) Outlays, $31,378,000,000. (A) New budget authority, $8,298,000,000. Fiscal year 2006: Fiscal year 2005: (B) Outlays, $846,000,000. (A) New budget authority, $92,818,000,000. (A) New budget authority, $32,639,000,000. Fiscal year 2012: (B) Outlays, $91,964,210,600. (B) Outlays, $32,325,000,000. (A) New budget authority, $8,401,000,000. Fiscal year 2007: Fiscal year 2006: (B) Outlays, $554,000,000. (A) New budget authority, $95,959,000,000. (A) New budget authority, $33,261,000,000. Fiscal year 2013: (B) Outlays, $92,948,420,100. (B) Outlays, $33,889,000,000. (A) New budget authority, $8,475,000,000. Fiscal year 2008: Fiscal year 2007: (B) Outlays, $668,000,000. (A) New budget authority, $99,315,000,000. (A) New budget authority, $33,576,000,000. (8) Transportation (400): (B) Outlays, $95,279,070,000. (B) Outlays, $34,128,000,000. Fiscal year 2003: Fiscal year 2009: Fiscal year 2008: (A) New budget authority, $64,091,000,000. (A) New budget authority, $102,203,000,000. (A) New budget authority, $34,245,000,000. (B) Outlays, $67,847,000,000. (B) Outlays, $98,470,000,000. (B) Outlays, $34,119,000,000. Fiscal year 2004: Fiscal year 2010: Fiscal year 2009: (A) New budget authority, $75,783,000,000. (A) New budget authority, $104,059,000,000. (A) New budget authority, $35,370,000,000. (B) Outlays, $71,555,000,000. (B) Outlays, $101,281,000,000.

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 6333 E:\CR\FM\A31MR6.043 S31PT1 S4582 CONGRESSIONAL RECORD — SENATE March 31, 2003 Fiscal year 2011: (A) New budget authority, $341,805,000,000. Fiscal year 2013: (A) New budget authority, $106,160,000,000. (B) Outlays, $344,322,000,000. (A) New budget authority, $77,429,000,000. (B) Outlays, $103,536,000,000. Fiscal year 2007: (B) Outlays, $76,963,000,000. Fiscal year 2012: (A) New budget authority, $349,191,000,000. (16) Administration of Justice (750): (A) New budget authority, $108,544,000,000. (B) Outlays, $350,983,000,000. Fiscal year 2003: (B) Outlays, $105,570,000,000. Fiscal year 2008: (A) New budget authority, $38,543,000,000. Fiscal year 2013: (A) New budget authority, $362,006,000,000. (B) Outlays, $37,712,000,000. (A) New budget authority, $110,143,000,000. (B) Outlays, $363,115,000,000. Fiscal year 2004: (B) Outlays, $107,642,000,000. Fiscal year 2009: (A) New budget authority, $37,757,000,000. (11) Health (550): (A) New budget authority, $373,681,000,000. (B) Outlays, $40,882,000,000. Fiscal year 2003: (B) Outlays, $374,384,000,000. Fiscal year 2005: (A) New budget authority, $222,913,000,000. Fiscal year 2010: (A) New budget authority, $38,077,000,000. (B) Outlays, $217,881,000,000. (A) New budget authority, $385,152,000,000. (B) Outlays, $39,324,000,000. Fiscal year 2004: (B) Outlays, $385,671,000,000. Fiscal year 2006: (A) New budget authority, $248,464,000,000. Fiscal year 2011: (A) New budget authority, $37,965,000,000. (B) Outlays, $246,670,960,000. (A) New budget authority, $400,573,000,000. (B) Outlays, $38,348,000,000. Fiscal year 2005: (B) Outlays, $401,003,000,000. Fiscal year 2007: (A) New budget authority, $264,948,000,000. Fiscal year 2012: (A) New budget authority, $38,442,000,000. (B) Outlays, $264,679,520,000. (A) New budget authority, $404,045,000,000. (B) Outlays, $38,233,000,000. Fiscal year 2006: (B) Outlays, $404,453,000,000. Fiscal year 2008: (A) New budget authority, $284,216,000,000. Fiscal year 2013: (A) New budget authority, $39,458,000,000. (B) Outlays, $284,023,760,000. (A) New budget authority, $418,978,000,000. (B) Outlays, $39,109,000,000. Fiscal year 2007: (B) Outlays, $419,551,000,000. Fiscal year 2009: (A) New budget authority, $304,438,000,000. (14) Social Security (650): (A) New budget authority, $40,478,000,000. (B) Outlays, $303,521,840,000. Fiscal year 2003: (B) Outlays, $40,193,000,000. Fiscal year 2008: (A) New budget authority, $13,255,000,000. Fiscal year 2010: (A) New budget authority, $326,942,000,000. (B) Outlays, $13,255,000,000. (A) New budget authority, $41,580,000,000. (B) Outlays, $325,618,000,000. Fiscal year 2004: (B) Outlays, $41,280,000,000. Fiscal year 2009: (A) New budget authority, $14,294,000,000. Fiscal year 2011: (A) New budget authority, $350,373,000,000. (B) Outlays, $14,293,000,000. (A) New budget authority, $42,870,000,000. (B) Outlays, $348,889,000,000. Fiscal year 2005: (B) Outlays, $42,453,000,000. Fiscal year 2010: (A) New budget authority, $15,471,000,000. Fiscal year 2012: (A) New budget authority, $375,419,000,000. (B) Outlays, $15,471,000,000. (A) New budget authority, $44,188,000,000. (B) Outlays, $373,890,000,000. Fiscal year 2006: (B) Outlays, $43,741,000,000. Fiscal year 2011: (A) New budget authority, $16,421,000,000. Fiscal year 2013: (A) New budget authority, $401,552,000,000. (B) Outlays, $16,421,000,000. (A) New budget authority, $45,557,000,000. (B) Outlays, $400,014,000,000. Fiscal year 2007: (B) Outlays, $45,101,000,000. Fiscal year 2012: (A) New budget authority, $17,919,000,000. (17) General Government (800): (A) New budget authority, $415,777,000,000. (B) Outlays, $17,919,000,000. Fiscal year 2003: (B) Outlays, $414,359,000,000. Fiscal year 2008: (A) New budget authority, $18,195,000,000. Fiscal year 2013: (A) New budget authority, $19,704,000,000. (B) Outlays, $18,120,000,000. (A) New budget authority, $445,554,000,000. (B) Outlays, $19,704,000,000. Fiscal year 2004: (B) Outlays, $444,147,000,000. Fiscal year 2009: (A) New budget authority, $20,012,000,000. (12) Medicare (570): (A) New budget authority, $21,810,000,000. (B) Outlays, $19,876,000,000. Fiscal year 2003: (B) Outlays, $21,810,000,000. Fiscal year 2005: (A) New budget authority, $248,586,000,000. Fiscal year 2010: (A) New budget authority, $20,341,000,000. (B) Outlays, $248,434,000,000. (A) New budget authority, $24,283,000,000. (B) Outlays, $20,420,000,000. Fiscal year 2004: (B) Outlays, $24,283,000,000. Fiscal year 2006: (A) New budget authority, $265,178,000,000. Fiscal year 2011: (A) New budget authority, $22,396,000,000. (B) Outlays, $265,443,000,000. (A) New budget authority, $28,170,000,000. (B) Outlays, $22,225,000,000. Fiscal year 2005: (B) Outlays, $28,170,000,000. Fiscal year 2007: (A) New budget authority, $282,869,000,000. Fiscal year 2012: (A) New budget authority, $21,147,000,000. (B) Outlays, $285,817,000,000. (A) New budget authority, $31,357,000,000. (B) Outlays, $20,897,000,000. Fiscal year 2006: (B) Outlays, $31,357,000,000. Fiscal year 2008: (A) New budget authority, $322,045,000,000. Fiscal year 2013: (A) New budget authority, $21,646,000,000. (B) Outlays, $318,806,000,000. (A) New budget authority, $34,347,000,000. (B) Outlays, $21,423,000,000. Fiscal year 2007: (B) Outlays, $34,347,000,000. Fiscal year 2009: (A) New budget authority, $344,178,000,000. (15) Veterans Benefits and Services (700): (A) New budget authority, $21,957,000,000. (B) Outlays, $344,448,000,000. Fiscal year 2003: (B) Outlays, $21,515,000,000. Fiscal year 2008: (A) New budget authority, $57,597,000,000. Fiscal year 2010: (A) New budget authority, $369,577,000,000. (B) Outlays, $57,486,000,000. (A) New budget authority, $22,706,000,000. (B) Outlays, $369,452,000,000. Fiscal year 2004: (B) Outlays, $22,223,000,000. Fiscal year 2009: (A) New budget authority, $63,773,000,000. Fiscal year 2011: (A) New budget authority, $395,685,000,000. (B) Outlays, $63,200,000,000. (A) New budget authority, $23,469,000,000. (B) Outlays, $395,424,000,000. Fiscal year 2005: (B) Outlays, $22,957,000,000. Fiscal year 2010: (A) New budget authority, $67,125,000,000. Fiscal year 2012: (A) New budget authority, $422,684,000,000. (B) Outlays, $66,530,000,000. (A) New budget authority, $24,267,000,000. (B) Outlays, $422,942,000,000. Fiscal year 2006: (B) Outlays, $23,892,000,000. Fiscal year 2011: (A) New budget authority, $65,388,000,000. Fiscal year 2013: (A) New budget authority, $453,721,000,000. (B) Outlays, $64,970,000,000. (A) New budget authority, $25,138,000,000. (B) Outlays, $457,078,000,000. Fiscal year 2007: (B) Outlays, $24,582,000,000. Fiscal year 2012: (A) New budget authority, $63,859,000,000. (18) Net Interest (900): (A) New budget authority, $488,367,000,000. (B) Outlays, $63,416,000,000. Fiscal year 2003: (B) Outlays, $484,541,000,000. Fiscal year 2008: (A) New budget authority, $239,648,000,000. Fiscal year 2013: (A) New budget authority, $67,645,000,000. (B) Outlays, $239,648,000,000. (A) New budget authority, $526,981,000,000. (B) Outlays, $67,374,000,000. Fiscal year 2004: (B) Outlays, $527,237,000,000. Fiscal year 2009: (A) New budget authority, $255,627,000,000. (13) Income Security (600): (A) New budget authority, $69,254,000,000. (B) Outlays, $255,627,000,000. Fiscal year 2003: (B) Outlays, $68,899,000,000. Fiscal year 2005: (A) New budget authority, $326,390,000,000. Fiscal year 2010: (A) New budget authority, $301,415,000,000. (B) Outlays, $334,169,000,000. (A) New budget authority, $70,967,000,000. (B) Outlays, $301,415,000,000. Fiscal year 2004: (B) Outlays, $70,563,000,000. Fiscal year 2006: (A) New budget authority, $319,513,000,000. Fiscal year 2011: (A) New budget authority, $338,960,000,000. (B) Outlays, $324,701,000,000. (A) New budget authority, $75,643,000,000. (B) Outlays, $338,960,000,000. Fiscal year 2005: (B) Outlays, $75,223,000,000. Fiscal year 2007: (A) New budget authority, $333,810,000,000. Fiscal year 2012: (A) New budget authority, $364,560,000,000. (B) Outlays, $337,157,000,000. (A) New budget authority, $72,592,000,000. (B) Outlays, $364,560,000,000. Fiscal year 2006: (B) Outlays, $72,071,000,000. Fiscal year 2008:

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 6333 E:\CR\FM\A31MR6.043 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4583 (A) New budget authority, $387,284,000,000. that consists of changes in laws within its juris- (A) apply while that legislation is under con- (B) Outlays, $387,284,000,000. diction sufficient to reduce revenues by not more sideration; Fiscal year 2009: than $322,524,000,000 and increase the total level (B) take effect upon the enactment of that leg- (A) New budget authority, $409,603,000,000. of outlays by not more than $27,476,000,000 for islation; and (B) Outlays, $409,603,000,000. the period of fiscal years 2003 through 2013. (C) be published in the Congressional Record Fiscal year 2010: TITLE II—BUDGET ENFORCEMENT AND as soon as practicable. (A) New budget authority, $429,721,000,000. RULEMAKING (4) REPORTING REVISED SUBALLOCATIONS.— (B) Outlays, $429,721,000,000. Following any adjustment made under para- Subtitle A—Budget Enforcement Fiscal year 2011: graph (1), the Committees on Appropriations of (A) New budget authority, $449,879,000,000. SEC. 201. EXTENSION OF SUPERMAJORITY EN- the Senate shall report appropriately revised (B) Outlays, $449,879,000,000. FORCEMENT. suballocations under section 302(b) to carry out Fiscal year 2012: (a) IN GENERAL.—Notwithstanding any provi- this subsection. (A) New budget authority, $467,960,000,000. sion of the Congressional Budget Act of 1974, subsections (c)(2) and (d)(3) of section 904 of the SEC. 203. RESTRICTIONS ON ADVANCE APPRO- (B) Outlays, $467,960,000,000. PRIATIONS IN THE SENATE. Congressional Budget Act of 1974 shall remain Fiscal year 2013: (a) IN GENERAL.—Except as provided in sub- in effect for purposes of Senate enforcement (A) New budget authority, $480,344,000,000. section (b), it shall not be in order in the Senate through September 30, 2008. (B) Outlays, $480,344,000,000. to consider any reported bill or joint resolution, (19) Allowances (920): (b) REPEAL.—Senate Resolution 304, agreed to October 16, 2002 (107th Congress), is repealed. or amendment thereto or conference report Fiscal year 2003: thereon, that would provide an advance appro- (A) New budget authority, $115,000,000. SEC. 202. DISCRETIONARY SPENDING LIMITS IN priation. THE SENATE. (B) Outlays, $115,000,000. (b) EXCEPTION.—An advance appropriation (a) DISCRETIONARY SPENDING LIMITS.—In the Fiscal year 2004: may be provided— ¥ Senate and as used in this section, the term (A) New budget authority, $16,121,602,000. (1) for fiscal years 2005 and 2006 for programs, (B) Outlays, ¥$8,343,152,040. ‘‘discretionary spending limit’’ means— (1) for fiscal year 2003— projects, activities, or accounts identified in the Fiscal year 2005: joint explanatory statement of managers accom- ¥ (A) $770,860,000,000 in new budget authority (A) New budget authority, $5,943,000,000. panying this resolution under the heading ‘‘Ac- (B) Outlays, ¥$6,134,229,260. and $771,442,000,000 in outlays for the discre- tionary category; counts Identified for Advance Appropriations’’ Fiscal year 2006: in an aggregate amount not to exceed ¥ (B) for the highway category, $31,264,000,000 (A) New budget authority, $2,104,000,000. $23,158,000,000 in new budget authority in each (B) Outlays, ¥$5,958,970,600. in outlays; and (C) for the mass transit category, year; and Fiscal year 2007: (2) for the Corporation for Public Broad- ¥ $1,436,000,000 in new budget authority, and (A) New budget authority, $1,467,000,000. casting. (B) Outlays, ¥$3,698,260,100. $6,551,000,000 in outlays; (c) APPLICATION OF POINT OF ORDER IN THE Fiscal year 2008: (2) for fiscal year 2004— SENATE.— (A) New budget authority, ¥$6,263,000,000. (A) $788,459,000,000 in new budget authority ¥ and $797,890,000,000 in outlays for the discre- (1) WAIVER AND APPEAL.—In the Senate, sub- (B) Outlays, $7,163,070,000. section (a) may be waived or suspended only by Fiscal year 2009: tionary category; an affirmative vote of three-fifths of the Mem- (A) New budget authority, ¥$19,939,000,000. (B) for the highway category, $32,016,000,000 bers, duly chosen and sworn. An affirmative (B) Outlays, ¥$17,617,000,000. in outlays; and vote of three-fifths of the Members of the Sen- Fiscal year 2010: (C) for the mass transit category, ate, duly chosen and sworn, shall be required to (A) New budget authority, ¥$41,290,000,000. $2,209,000,000 in new budget authority, and sustain an appeal of the ruling of the Chair on (B) Outlays, ¥$38,356,000,000. $6,746,000,000 in outlays; and a point of order raised under subsection (a). Fiscal year 2011: (3) for fiscal year 2005— (A) $813,597,000,000 in new budget authority, (2) FORM OF THE POINT OF ORDER.—A point of (A) New budget authority, ¥$19,883,000,000. and $814,987,000,000 in outlays for the discre- order under subsection (a) may be raised by a (B) Outlays, ¥$16,729,000,000. tionary category; Senator as provided in section 313(e) of the Con- Fiscal year 2012: (B) for the highway category, $34,665,000,000 (A) New budget authority, ¥$23,031,000,000. gressional Budget Act of 1974. in outlays; and (B) Outlays, ¥$19,546,000,000. (3) CONFERENCE REPORTS.—If a point of order (C) for the mass transit category $2,544,000,000 Fiscal year 2013: is sustained under subsection (a) against a con- in new budget authority, and $7,109,000,000 in (A) New budget authority, ¥$27,371,000,000. ference report in the Senate, the report shall be outlays; (B) Outlays, ¥$24,228,000,000. disposed of as provided in section 313(d) of the as adjusted in conformance with subsection (b). (20) Undistributed Offsetting Receipts (950): Congressional Budget Act of 1974. (b) ADJUSTMENTS.— Fiscal year 2003: (d) DEFINITION.—In this section, the term (1) IN GENERAL.— ¥ ‘‘advance appropriation’’ means any discre- (A) New budget authority, $41,104,000,000. (A) CHAIRMAN.—After the reporting of a bill (B) Outlays, ¥$41,104,000,000. tionary new budget authority in a bill or joint or joint resolution, the offering of an amend- resolution making general appropriations or Fiscal year 2004: ment thereto, or the submission of a conference ¥ continuing appropriations for fiscal year 2004 (A) New budget authority, $42,894,000,000. report thereon, the chairman of the Committee ¥ that first becomes available for any fiscal year (B) Outlays, $42,894,000,000. on the Budget may make the adjustments set Fiscal year 2005: after 2004 or making general appropriations or ¥ forth in subparagraph (B) for the amount of continuing appropriations for fiscal year 2005 (A) New budget authority, $52,608,000,000. new budget authority in that measure (if that (B) Outlays, ¥$52,608,000,000. that first becomes available for any fiscal year measure meets the requirements set forth in Fiscal year 2006: after 2005. paragraph (2)) and the outlays flowing from (A) New budget authority, ¥$57,884,000,000. SEC. 204. EMERGENCY LEGISLATION. that budget authority. (B) Outlays, ¥$57,884,000,000. (a) AUTHORITY TO DESIGNATE.—If a provision (B) MATTERS TO BE ADJUSTED.—The adjust- Fiscal year 2007: ments referred to in subparagraph (A) are to be of direct spending or receipts legislation is en- (A) New budget authority, ¥$49,087,000,000. acted or if appropriations for discretionary ac- ¥ made to— (B) Outlays, $49,087,000,000. (i) the discretionary spending limits, if any, counts are enacted that the President designates Fiscal year 2008: set forth in the appropriate concurrent resolu- as an emergency requirement and that the Con- (A) New budget authority, ¥$52,121,000,000. gress so designates in statute, the amounts of ¥ tion on the budget; (B) Outlays, $52,121,000,000. (ii) the allocations made pursuant to the ap- new budget authority, outlays, and receipts in Fiscal year 2009: propriate concurrent resolution on the budget all fiscal years resulting from that provision (A) New budget authority, ¥$52,962,000,000. shall be designated as an emergency require- ¥ pursuant to section 302(a); and (B) Outlays, $52,962,000,000. (iii) the budgetary aggregates as set forth in ment for the purpose of this resolution. Fiscal year 2010: the appropriate concurrent resolution on the (b) DESIGNATIONS.— ¥ (A) New budget authority, $55,108,000,000. budget. (1) GUIDANCE.—If a provision of legislation is (B) Outlays, ¥$55,108,000,000. (2) AMOUNTS OF ADJUSTMENTS.—The adjust- designated as an emergency requirement under Fiscal year 2011: ment referred to in paragraph (1) shall be— subsection (a), the committee report and any ¥ (A) New budget authority, $57,359,000,000. (A) an amount provided and designated as an statement of managers accompanying that legis- ¥ (B) Outlays, $57,359,000,000. emergency requirement pursuant to section 204; lation shall analyze whether a proposed emer- Fiscal year 2012: (B) an amount authorized for grants to States gency requirement meets all the criteria in para- ¥ (A) New budget authority, $62,012,000,000. under part B of the Individuals with Disabilities graph (2). ¥ (B) Outlays, $62,012,000,000. Education Act as provided for in section 211; (2) CRITERIA.— Fiscal year 2013: and (A) IN GENERAL.—The criteria to be considered (A) New budget authority, ¥$64,358,000,000. (C) an amount provided for transportation in determining whether a proposed expenditure (B) Outlays, ¥$64,358,000,000. under section 212. or tax change is an emergency requirement are SEC. 104. RECONCILIATION IN THE SENATE. (3) APPLICATION OF ADJUSTMENTS.—The ad- that the expenditure or tax change is— The Senate Committee on Finance shall report justments made for legislation pursuant to para- (i) necessary, essential, or vital (not merely a reconciliation bill not later than April 8, 2003, graph (1) shall— useful or beneficial);

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 6333 E:\CR\FM\A31MR6.043 S31PT1 S4584 CONGRESSIONAL RECORD — SENATE March 31, 2003 (ii) sudden, quickly coming into being, and in paragraph (4), the term ‘‘direct-spending leg- with Disabilities Education Act (IDEA) and re- not building up over time; islation’’ means any bill, joint resolution, forms IDEA so as to provide an allowance of (iii) an urgent, pressing, and compelling need amendment, motion, or conference report that uniform discipline policies for all students; pro- requiring immediate action; affects direct spending as that term is defined vide local fiscal relief; and minimize the over- (iv) subject to subparagraph (B), unforeseen, by, and interpreted for purposes of, the Bal- identification of students with disabilities, the unpredictable, and unanticipated; and anced Budget and Emergency Deficit Control chairman of the Committee on the Budget may (v) not permanent, temporary in nature. Act of 1985. make the revisions set out in subsection (b). (B) UNFORESEEN.—An emergency that is part (4) EXCLUSION.—For purposes of this sub- (b) REVISIONS.— of an aggregate level of anticipated emergencies, section, the terms ‘‘direct-spending legislation’’ (1) FISCAL YEAR 2004.—If the Committee on Ap- particularly when normally estimated in ad- and ‘‘revenue legislation’’ do not include— propriations reports a bill or joint resolution, or vance, is not unforeseen. (A) any concurrent resolution on the budget; if an amendment thereto is offered or a con- (3) JUSTIFICATION FOR USE OF DESIGNATION.— or ference report thereon is submitted, that pro- When an emergency designation is proposed in (B) any provision of legislation that affects vides in excess of $4,803,000,000 in new budget any bill, joint resolution, or conference report the full funding of, and continuation of, the de- authority for fiscal year 2004 for grants to States thereon, the committee report and the statement posit insurance guarantee commitment in effect authorized under part B of IDEA as described of managers accompanying a conference report, on the date of enactment of the Budget Enforce- in subsection (a), the chairman of the Committee as the case may be, shall provide a written jus- ment Act of 1990. on the Budget may revise the appropriate allo- tification of why the provision meets the criteria (5) BASELINE.—Estimates prepared pursuant cations for such committee and other appro- set forth in paragraph (2). to this section shall— priate levels in this resolution by that excess (c) DEFINITIONS.—In this section, the terms (A) use the baseline surplus or deficit used for amount provided by that measure for that pur- ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appropria- the most recently adopted concurrent resolution pose, but not to exceed $205,000,000 in new budg- tions for discretionary accounts’’ means any on the budget based on laws enacted on the date et authority for fiscal year 2004 and outlays provision of a bill, joint resolution, amendment, of adoption of that resolution as adjusted for up flowing therefrom. motion or conference report that affects direct to $350,000,000,000 in revenues or direct spending (2) FISCAL YEAR 2005.—If the Committee on Ap- spending, receipts, or appropriations as those assumed by section 104 of this resolution; and propriations reports a bill or joint resolution, or terms have been defined and interpreted for pur- (B) be calculated under the requirements of if an amendment thereto is offered or a con- poses of the Balanced Budget and Emergency subsections (b) through (d) of section 257 of the ference report thereon is submitted, that when Deficit Control Act of 1985. Balanced Budget and Emergency Deficit Con- combined with any advance appropriation pro- (d) POINT OF ORDER.—When the Senate is trol Act of 1985 for fiscal years beyond those vided for 2005 for part B of IDEA in a bill or considering a bill, resolution, amendment, mo- covered by that concurrent resolution on the joint resolution making appropriations for fiscal tion, or conference report, a point of order may budget. year 2004, provides in excess of $11,038,000,000 in be made by a Senator against an emergency des- (6) PRIOR SURPLUS.—If direct spending or rev- new budget authority for fiscal year 2005 for ignation in that measure and if the Presiding enue legislation increases the on-budget deficit grants to States authorized under part B of Officer sustains that point of order, that provi- or causes an on-budget deficit when taken indi- IDEA as described in subsection (a), the chair- sion making such a designation shall be stricken vidually, it must also increase the on-budget man of the Committee on the Budget may revise from the measure and may not be offered as an deficit or cause an on-budget deficit when taken the appropriate allocations for such committee amendment from the floor. together with all direct spending and revenue and other appropriate levels in this resolution (e) WAIVER AND APPEAL.—This section may be legislation enacted since the beginning of the by that excess amount provided by that measure waived or suspended in the Senate only by an calendar year not accounted for in the baseline for that purpose, but not to exceed $209,000,000 affirmative vote of three-fifths of the Members, under paragraph (5)(A), except that direct in new budget authority for fiscal year 2005 and duly chosen and sworn. An affirmative vote of spending or revenue effects resulting in net def- outlays flowing therefrom. three-fifths of the Members of the Senate, duly icit reduction enacted pursuant to reconciliation SEC. 212. ADJUSTMENT FOR HIGHWAYS AND chosen and sworn, shall be required to sustain instructions since the beginning of that same HIGHWAY SAFETY AND TRANSIT. an appeal of the ruling of the Chair on a point calendar year shall not be available. In the Senate, if the Committee on Environ- of order raised under this section. (b) WAIVER.—This section may be waived or ment and Public Works, or the Committee on (f) DEFINITION OF AN EMERGENCY REQUIRE- suspended in the Senate only by the affirmative Banking, Housing, and Urban Affairs, or the MENT.—A provision shall be considered an emer- vote of three-fifths of the Members, duly chosen Committee on Commerce, Science, and Transpor- gency designation if it designates any item as and sworn. tation reports a bill or joint resolution, or if an an emergency requirement pursuant to sub- (c) APPEALS.—Appeals in the Senate from the amendment thereto is offered or a conference re- section (a). decisions of the Chair relating to any provision port thereon is submitted, that reauthorizes the (g) FORM OF THE POINT OF ORDER.—A point of this section shall be limited to 1 hour, to be programs set out in the Transportation Equity of order under this section may be raised by a equally divided between, and controlled by, the Act for the 21st Century and that legislation Senator as provided in section 313(e) of the Con- appellant and the manager of the bill or joint provides new governmental receipts reported gressional Budget Act of 1974. resolution, as the case may be. An affirmative from the Committee on Finance, the chairman of (h) CONFERENCE REPORTS.—If a point of order vote of three-fifths of the Members of the Sen- the Committee on the Budget, may revise com- is sustained under this section against a con- ate, duly chosen and sworn, shall be required to mittee allocations for the appropriate committees ference report, the report shall be disposed of as sustain an appeal of the ruling of the Chair on and the transportation limits in section 202 by provided in section 313(d) of the Congressional a point of order raised under this section. an amount consistent with the level of new re- Budget Act of 1974. (d) DETERMINATION OF BUDGET LEVELS.—For ceipts. (i) EXCEPTION FOR DEFENSE AND HOMELAND purposes of this section, the levels of new budget SEC. 213. RESERVE FUND FOR MEDICARE. SECURITY SPENDING.—Subsection (d) shall not authority, outlays, and revenues for a fiscal apply against an emergency designation for a If the Committee on Finance of the Senate re- year shall be determined on the basis of esti- ports a bill or joint resolution, or an amendment provision making discretionary appropriations mates made by the Committee on the Budget of in the defense category and for homeland secu- is offered thereto, or a conference report thereon the Senate. is submitted, which strengthens and enhances rity programs. (e) SUNSET.—This section shall expire on Sep- the Medicare Program under title XVIII of the SEC. 205. PAY-AS-YOU-GO POINT OF ORDER IN tember 30, 2008. THE SENATE. Social Security Act (42 U.S.C. 1395 et seq.) and SEC. 206. SENSE OF THE SENATE ON REPORTS ON improves the access of beneficiaries under that (a) POINT OF ORDER.— LIABILITIES AND FUTURE COSTS. (1) IN GENERAL.—It shall not be in order in the program to prescription drugs or promotes geo- It is the sense of the Senate that the Congres- graphic equity payments, the chairman of the Senate to consider any direct spending or rev- sional Budget Office shall consult with the enue legislation that would increase the on- Committee on the Budget, may revise committee Committee on the Budget of the Senate in order allocations for that committee and other appro- budget deficit or cause an on-budget deficit for to prepare a report containing— any one of the three applicable time periods as priate budgetary aggregates and allocations of (1) an estimate of the unfunded liabilities of new budget authority (and the outlays resulting measured in paragraphs (5) and (6). the Federal Government; (2) APPLICABLE TIME PERIODS.—For purposes therefrom) in this resolution by the amount pro- (2) an estimate of the contingent liabilities of vided by that measure for that purpose, but not of this subsection, the term ‘‘applicable time pe- Federal programs; and riod’’ means any 1 of the 3 following periods: to exceed $400,000,000,000 for the period of fiscal (3) an accrual-based estimate of the current years 2004 through 2013. (A) The first year covered by the most recently and future costs of Federal programs. adopted concurrent resolution on the budget. SEC. 214. RESERVE FUND FOR HEALTH INSUR- (B) The period of the first 5 fiscal years cov- Subtitle B—Reserve Funds and Other ANCE FOR THE UNINSURED. ered by the most recently adopted concurrent Adjustments If the Committee on Finance of the Senate re- resolution on the budget. SEC. 211. ADJUSTMENT FOR SPECIAL EDU- ports a bill or joint resolution, or an amendment (C) The period of the 5 fiscal years following CATION. thereto is offered, or a conference report thereon the first 5 fiscal years covered in the most re- (a) IN GENERAL.—In the Senate, if the Com- is submitted, that provides health insurance for cently adopted concurrent resolution on the mittee on Health, Education, Labor, and Pen- the uninsured (including a measure providing budget. sions reports a bill or joint resolution, and such for tax deductions for the purchase of health in- (3) DIRECT-SPENDING LEGISLATION.—For pur- measure is enacted in 2003 that reauthorizes surance for, among others, moderate income in- poses of this subsection and except as provided grants to States under part B of the Individuals dividuals not receiving health insurance from

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 6333 E:\CR\FM\A31MR6.043 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4585 their employers), the chairman of the Committee on the Budget of the Senate may make the ad- year or period of fiscal years shall be determined on the Budget may revise committee allocations justments described in subsection (b). on the basis of estimates made by the Commit- for that committee and other appropriate budg- (b) ADJUSTMENT FOR THE LAND AND WATER tees on the Budget of the House of Representa- etary aggregates and allocations of new budget CONSERVATION FUND STATE GRANT PROGRAM.— tives and the Senate; and authority (and the outlays resulting therefrom) If the Committee on Energy and Natural Re- (2) such chairman, as applicable, may make and may revise the revenue aggregates and sources of the Senate reports a bill or joint reso- any other necessary adjustments to such levels other appropriate budgetary aggregates and al- lution, or if an amendment thereto is offered or to carry out this resolution. locations in this resolution by the amount pro- a conference report thereon is submitted that SEC. 223. EXERCISE OF RULEMAKING POWERS. vided by that measure for that purpose, but not makes available a portion of the receipts result- Congress adopts the provisions of this title— to exceed $88,000,000,000 for the period of fiscal ing from enactment of the legislation described (1) as an exercise of the rulemaking power of years 2004 through 2013. in subsection (a) for the National Park Service the Senate and the House of Representatives, re- SEC. 215. RESERVE FUND FOR CHILDREN WITH Stateside Grant Program which is currently spectively, and as such they shall be considered SPECIAL NEEDS. funded as a part of the Land and Water Con- as part of the rules of each House, or of that If the Committee on Finance of the Senate re- servation Fund, the chairman of the Committee House to which they specifically apply, and ports a bill or joint resolution, or if an amend- on the Budget may revise committee allocations such rules shall supersede other rules only to ment thereto is offered or a conference report for that committee and other appropriate budg- the extent that they are inconsistent therewith; thereon is submitted, that provides States with etary aggregates and allocations of new budget and the option to expand Medicaid coverage for chil- authority (and the outlays resulting therefrom) (2) with full recognition of the constitutional dren with special needs, allowing families of dis- in this resolution by the amount provided by right of either House to change those rules (so abled children to purchase coverage under the that measure for that purpose, but not to exceed far as they relate to that House) at any time, in Medicaid Program for such children, the chair- $750,000,000 in new budget authority (and the the same manner, and to the same extent as in man of the Committee on the Budget may revise outlays flowing therefrom) for the period of fis- the case of any other rule of that House. committee allocations for that committee and cal years 2004 through 2008 and $2,000,000,000 in TITLE III—SENSE OF THE SENATE other appropriate budgetary aggregates and al- new budget authority (and the outlays flowing therefrom) for the period of fiscal years 2004 SEC. 301. SENSE OF THE SENATE ON FEDERAL locations of new budget authority (and the out- EMPLOYEE PAY. lays resulting therefrom) in this resolution by through 2013, provided further that no funds be- (a) FINDINGS.—The Senate finds the following: come available prior to fiscal year 2006 and the the amount provided by that measure for that (1) Members of the uniformed services and ci- amount of funds made available in any single purpose, but not to exceed $43,000,000 in new vilian employees of the United States make sig- fiscal year does not exceed $250,000,000 per year. budget authority and $42,000,000 in outlays for nificant contributions to the general welfare of fiscal year 2004, and $7,462,000,000 in new budg- SEC. 219. RESERVE FUND FOR STATE CHILDREN’S the Nation. et authority and $7,262,000,000 in outlays for the HEALTH INSURANCE PROGRAM. (2) Increases in the pay of members of the uni- period of fiscal years 2004 through 2013. If the Committee on Finance of the Senate re- formed services and of civilian employees of the SEC. 216. RESERVE FUND FOR MEDICAID RE- ports a bill or joint resolution, or if an amend- United States have not kept pace with increases FORM. ment thereto is offered or a conference report in the overall pay levels of workers in the pri- If the Committee on Finance of the Senate re- thereon is submitted, that extends the avail- vate sector, so that there now exists— ports a bill or joint resolution, or if an amend- ability of fiscal year 1998 and 1999 expired State (A) a 32 percent gap between compensation ment thereto is offered or a conference report Children’s Health Insurance Program allotments levels of Federal civilian employees and com- thereon is submitted, that provides significant and the expiring fiscal year 2000 allotments, the pensation levels of private sector workers; and reform of the Medicaid Program, the chairman chairman of the Committee on the Budget may (B) an estimated 10 percent gap between com- of the Committee on the Budget may revise com- revise committee allocations for that committee pensation levels of members of the uniformed mittee allocations for that committee and other and other appropriate budgetary aggregates and services and compensation levels of private sec- appropriate budgetary aggregates and alloca- allocations of new budget authority (and the tor workers. tions of new budget authority (and the outlays outlays resulting therefrom) in this resolution (3) The President’s budget proposal for fiscal resulting therefrom) in this resolution by the by the amount provided by that measure for year 2004 includes an average 4.1 percent pay amount provided by that measure for that pur- that purpose, but not to exceed $1,260,000,000 in raise for military personnel. pose, but not to exceed $3,258,000,000 in new new budget authority and $85,000,000 in outlays (4) The Office of Management and Budget has budget authority and outlays for fiscal year for fiscal year 2003, $1,330,000,000 in new budget requested that Federal agencies plan their fiscal 2004, and $8,944,000,000 in new budget authority authority and $85,000,000,000 in outlays for fis- year 2004 budgets with a 2 percent pay raise for and outlays for the period of fiscal years 2004 cal year 2004, $1,950,000,000 in new budget au- civilian Federal employees. through 2008, and not more than $12,782,000,000 thority and $845,000,000 in outlays for the period (5) In almost every year during the past two in budget authority and outlays for the period of fiscal years 2003 through 2008, and decades, there have been equal adjustments in of fiscal years 2004 through 2010 provided fur- $1,825,000,000 in new budget authority and the compensation of members of the uniformed ther that the legislation would not increase the $975,000,000 in outlays for the period of fiscal services and the compensation of civilian em- deficit over the period of fiscal years 2004 years 2003 through 2013. ployees of the United States. through 2013. Subtitle C—Miscellaneous Provisions (b) SENSE OF THE SENATE.—It is the sense of SEC. 217. RESERVE FUND FOR PROJECT BIO- SEC. 221. ADJUSTMENTS TO REFLECT CHANGES the Senate that rates of compensation for civil- SHIELD. IN CONCEPTS AND DEFINITIONS. ian employees of the United States should be ad- If the Committee on Health, Education, In the Senate, upon the enactment of a bill or justed at the same time, and in the same propor- Labor, and Pensions of the Senate reports a bill joint resolution providing for a change in con- tion, as are rates of compensation for members or joint resolution, or if an amendment thereto cepts or definitions, the Chairman of the Com- of the uniformed services. is offered or a conference report thereon is sub- mittee on the Budget shall make adjustments to SEC. 302. SENSE OF THE SENATE ON TRIBAL COL- mitted, that will facilitate procurement for in- the levels and allocations in this resolution in LEGES AND UNIVERSITIES. clusion by the Secretary of Health and Human accordance with section 251(b) of the Balanced (a) FINDINGS.—The Senate finds the following: Services in the Strategic National Stockpile of Budget and Emergency Deficit Control Act of (1) More than 30,000 full- and part-time Na- countermeasures necessary to protect the public 1985 (as in effect prior to September 30, 2002). tive American students from 250 federally recog- health from current and emerging threats of SEC. 222. APPLICATION AND EFFECT OF CHANGES nized tribes nationwide attend tribal colleges chemical, biological, radiological, or nuclear IN ALLOCATIONS AND AGGREGATES. and Universities, a majority of whom are first- agents, the chairman of the Committee on the (a) APPLICATION.—Any adjustments of alloca- generation college students. Budget may revise committee allocations for tions and aggregates made pursuant to this res- (2) The colleges and universities are located in that committee and other appropriate budgetary olution shall— rural and isolated areas and are often the only aggregates and allocations of new budget au- (1) apply while that measure is under consid- accredited institutions of higher education in thority (and the outlays resulting therefrom) in eration; their service area. While the Tribal College Act this resolution by the amount provided by that (2) take effect upon the enactment of that provides funding solely for Indian students, the measure for that purpose, but not to exceed measure; and colleges serve students of all ages, about 20 per- $890,000,000 in new budget authority and (3) be published in the Congressional Record cent of whom are non-Indian. With rare excep- $575,000,000 in outlays for fiscal year 2004, and as soon as practicable. tion, tribal colleges and universities do not re- $5,593,000,000 in new budget authority and (b) EFFECT OF CHANGED ALLOCATIONS AND AG- ceive operating funds from the States for these $5,593,000,000 in outlays for the period of fiscal GREGATES.—Revised allocations and aggregates non-Indian State resident students. Yet, if these years 2004 through 2013. resulting from these adjustments shall be consid- same students attended any other public institu- SEC. 218. RESERVE FUND FOR STATESIDE GRANT ered for the purposes of the Congressional tion in their States, the State would provide PROGRAM. Budget Act of 1974 as allocations and aggregates basic operating funds to that institution. (a) CONDITION.—If the Committee on Energy contained in this resolution. (3) While Congress has been increasing the and Natural Resources of the Senate reports a (c) BUDGET COMMITTEE DETERMINATIONS.— annual appropriations for tribal colleges in re- bill or joint resolution that permits exploration For purposes of this resolution— cent years, the President’s fiscal year 2004 budg- and production of oil in the 1002 Area of the (1) the levels of new budget authority, out- et recommends a $4,000,000 decrease in institu- Arctic National Wildlife Refuge and such meas- lays, direct spending, new entitlement author- tional operating funds. The combination of an- ure is enacted, the chairman of the Committee ity, revenues, deficits, and surpluses for a fiscal nual increases in enrollments, reduced Federal

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 6333 E:\CR\FM\A31MR6.044 S31PT1 S4586 CONGRESSIONAL RECORD — SENATE March 31, 2003 funding, and the addition of two new tribal col- (5) Grant aid as a portion of student aid has CSTs and that at least one team be located in leges would result in a devastating decrease in fallen significantly over the past 5 years. each State and territory of the United States. funding of $540 per student below the fiscal year (6) The percentage of freshmen attending pub- (7) The President’s fiscal year 2004 budget re- 2003 estimate. lic and private 4-year institutions from families quest includes no funding for these additional (4) Despite a $2,000,000 increase in fiscal year whose income is below the national median has WMD–CSTs. 2003 for basic institutional operating budgets of fallen since 1981. (b) SENSE OF THE SENATE.—It is the sense of the reservation-based tribal colleges, the per In- (b) SENSE OF THE SENATE.—It is the sense of the Senate that— dian student count (ISC) is only $30 more than the Senate that the levels in this resolution as- (1) the functional totals in this resolution as- in fiscal year 2002, or $3,946, still less than 2⁄3 of sume that— sume that the Department of Defense should the $6,000 authorized. (1) within the discretionary allocation pro- give priority to fully implementing section 1403 (b) SENSE OF THE SENATE.—It is the sense of vided to the Committee on Appropriations, the of Public Law 107–314, the Bob Stump National the Senate that— maximum Pell Grant award should be raised to Defense Authorization Act for Fiscal Year 2003; (1) this resolution recognizes the funding the maximum extent practicable, and funding and challenges faced by tribal colleges and assumes for the Pell Grant program should be higher (2) the Department should increase its full- that priority consideration will be provided to than the level requested by the President; and time manning requirements to include the 506 them through funding through the Tribally (2) to the maximum extent practicable, Con- additional full-time National Guard personnel Controlled College or University Assistance Act, gress should seek to increase the maximum indi- that will be needed to man the 23 additional the Equity in Educational Land Grant Status vidual Federal Pell Grant award to $9,000 by fis- WMD–CSTs. Act, title III of the Higher Education Act, and cal year 2010. SEC. 307. SENSE OF THE SENATE ON EMERGENCY the National Science Foundation Tribal College SEC. 305. SENSE OF THE SENATE REGARDING THE AND DISASTER ASSISTANCE FOR Program; and NATIONAL GUARD. LIVESTOCK AND AGRICULTURE PRO- DUCERS. (2) such priority consideration reflects Con- (a) FINDINGS.—The Senate finds the following: gress’ intent to continue to work toward statu- (1) The Army National Guard relies heavily (a) FINDINGS.—The Senate finds the following: (1) Significant portions of the United States tory Federal funding goals for the tribal colleges upon thousands of full-time employees, Active suffered through severe drought conditions in and universities. Guard/Reserves and Military Technicians, to ensure unit readiness throughout the Army Na- 2000 and 2001. SEC. 303. SENSE OF THE SENATE REGARDING THE (2) The economic effects of drought are long- 504 SMALL BUSINESS CREDIT PRO- tional Guard. term and widespread. GRAM. (2) These employees perform vital day-to-day (3) Current drought indices predict that the (a) FINDINGS.—The Senate finds the following: functions, ranging from equipment maintenance drought will continue through 2003. (1) Small businesses play a critical role in our to leadership and staff roles, that allow the Na- (4) Congress has a history of providing finan- Nation and our economy and the Federal Gov- tional Guard to dedicate drill weekends and an- cial assistance to agricultural and livestock pro- ernment assists that role by providing small nual active duty training of part-time personnel ducers for losses incurred due to drought. businesses with loans and loan guarantees. to preparation for the National Guard’s war (5) Emphasis must be placed on planning ef- (2) Since the enactment of the Federal Credit fighting and peacetime missions. forts that will mitigate the negative effects of Reform Act of 1990, the Small Business Adminis- (3) The role of full-time National Guard per- drought. tration and the Office of Management and sonnel is especially important as tens of thou- (b) SENSE OF THE SENATE.—It is the sense of Budget have repeatedly overestimated the sub- sands of our National Guard and Reserve forces the Senate that the Senate— sidy cost of the Small Business Administration’s are being mobilized for the ongoing fight against (1) develop a long-term drought plan that ef- 7(a) and 504 credit programs. Those overesti- terrorism and in preparation for a possible war fectively recognizes the reoccurring nature of mates have resulted in borrowers and lenders with Iraq. drought cycles and adequately support emer- having to pay higher than necessary fees to par- (4) When the ability to provide sufficient Ac- gency and disaster assistance to livestock and ticipate in those programs. tive Guard/Reserves and Military Technicians agricultural producers hurt by drought; and (3) Last year, in response to bipartisan pres- end strength is reduced, unit readiness, as well (2) establish an agricultural reserve to fund sure from the Senate Budget and Small Business as quality of life for soldiers and families, is de- the activities in paragraph (1). Committees, the administration developed a new graded. SEC. 308. SOCIAL SECURITY RESTRUCTURING. econometric model to improve the accuracy of its (5) The Army National Guard, with agreement (a) FINDINGS.—The Senate finds that— estimates of the cost of the 7(a) program. Con- from the Department of Defense, requires a min- (1) Social Security is the foundation of retire- sistent with claims by the Senate Budget and imum essential requirement of 25,286 Active ment income for most Americans; Small Business Committees, that effort resulted Guard/Reserves and 26,189 Military Techni- (2) preserving and strengthening the long term in the administration lowering the estimated cians. viability of Social Security is a vital national subsidy cost of the 7(a) program by an astound- (6) The fiscal year 2004 budget request for the priority and is essential for the retirement secu- ing 40 percent in 2003, allowing the Federal Gov- Army National Guard includes the minimum re- rity of today’s working Americans, current and ernment to guarantee an additional quired end strengths, but provides resources suf- future retirees, and their families; $3,300,000,000 in small business loans this year ficient for only approximately 24,562 Active (3) Social Security faces significant fiscal and alone. Guard/Reserves and 25,702 Military Techni- demographic pressures; (4) Notwithstanding past assurances, the ad- cians, funding shortfalls of $51,200,000 and (4) the nonpartisan Office of the Chief Actu- ministration, however, has failed to begin work $29,300,000, respectively. ary at the Social Security Administration re- on an econometric model for the 504 small busi- (b) SENSE OF THE SENATE.—It is the Sense of ports that— ness credit program, despite similar, chronic the Senate that the functional totals in this res- (A) the number of workers paying taxes to problems with estimates of that program’s costs. olution assume that the Department of Defense support each Social Security beneficiary has (b) SENSE OF THE SENATE.—It is the sense of will give priority to fully funding the Active dropped from 16.5 in 1950 to 3.3 in 2002; the Senate that— Guard/Reserves and Military Technicians at (B) within a generation there will be only 2 (1) the performance of the SBA and OMB in least at the minimum required levels. workers to support each retiree, which will sub- administering the Federal Credit Reform Act for SEC. 306. SENSE OF THE SENATE REGARDING stantially increase the financial burden on the 504 small business credit program remains WEAPONS OF MASS DESTRUCTION American workers; unsatisfactory; CIVIL SUPPORT TEAMS. (C) without structural reform, the Social Secu- (2) the administration should develop an econ- (a) FINDINGS.—The Senate finds the following: rity system, beginning in 2018, will pay out more ometric model for the 504 program for use in the (1) The emerging chemical, biological, and in benefits than it will collect in taxes; fiscal year 2004 appropriations cycle; and other threats of the 21st century present new (D) without structural reform, the Social Se- (3) the Office of Management and Budget challenges to our military and to local first re- curity trust fund will be exhausted in 2042, and should report to the Budget and Small Business sponders. Social Security tax revenue in 2042 will only Committees on the progress of this work by no (2) Local first responders are on the front cover 73 percent of promised benefits, and will later than June 2003. lines of combating terrorism and responding to decrease to 65 percent by 2077; SEC. 304. SENSE OF THE SENATE REGARDING other large-scale incidents. (E) without structural reform, future Con- PELL GRANTS. (3) The National Guard’s Weapons of Mass gresses may have to raise payroll taxes 50 per- (a) FINDINGS.—The Senate finds the following: Destruction Civil Support Teams (WMD–CSTs) cent over the next 75 years to pay full benefits (1) Public investment in higher education play a vital role in assisting local first respond- on time, resulting in payroll tax rates of as yields a return of several dollars for each dollar ers in investigating and combating these new much as 16.9 percent by 2042 and 18.9 percent by invested. threats. 2077; (2) Higher education promotes economic op- (4) The September 11, 2001, terrorist attacks (F) without structural reform, Social Secu- portunity. emphasize the need to have full-time WMD– rity’s total cash shortfall over the next 75 years (3) For a generation, the Federal Pell Grant CSTs in each State. is estimated to be more than $25,000,000,000,000 has served as an effective means of providing (5) There are currently 32 full-time and 23 in constant 2003 dollars or $3,500,000,000,000 access to higher education. part-time WMD–CSTs. measured in present value terms; (4) Over the past decade, the Pell Grant has (6) Section 1403 of Public Law 107–314, the (G) absent structural reforms, spending on So- failed to keep pace with inflation, and over the Bob Stump National Defense Authorization Act cial Security will increase from 4.4 percent of past 25 years, the value of the average Pell for Fiscal Year 2003, requires the Secretary of gross domestic product in 2003 to 7.0 percent in Grant has decreased substantially. Defense to establish an additional 23 WMD– 2077; and

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 6333 E:\CR\FM\A31MR6.044 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4587 (5) the Congressional Budget Office, the Gen- (1) Highway construction funding should in- Criminal Alien Assistance Program be funded at eral Accounting Office, the Congressional Re- crease over current levels. $585,000,000 to reimburse State and local law en- search Service, the Chairman of the Federal Re- (2) The Senate Budget Committee-passed Res- forcement agencies for the burdens imposed in serve Board, and the President’s Commission to olution increases highway funding above the fiscal year 2003 by the incarceration of undocu- Strengthen Social Security have all warned that President’s request. mented criminal aliens; and failure to enact fiscally responsible Social Secu- (3) All vehicles, whether they are operated by (2) Congress enact a long-term reauthorization rity reform quickly will result in 1 or more of the gasoline, gasohol, or electricity, do damage to of the State Criminal Alien Assistance Program following: our highways. beginning with the authorization of $750,000,000 (A) Higher tax rates. (4) As set out in TEA–21, the direct relation- in fiscal year 2004 to reimburse State and county (B) Lower Social Security benefit levels. ship between excise taxes and highway spending governments for the burdens undocumented (C) Increased Federal debt or less spending on makes sense and should be maintained. criminal aliens have placed on the local criminal other Federal programs. (5) Highways should be funded through user justice system. (b) SENSE OF THE SENATE.—It is the sense of fees such as excise taxes and not through the SEC. 314. SENSE OF THE SENATE CONCERNING the Senate that— General Fund of the Treasury. (1) the President, the Congress and the Amer- PROGRAMS OF THE CORPS OF ENGI- (b) SENSE OF THE SENATE.—It is the sense of NEERS. ican people (including seniors, workers, women, the Senate that the Senate should only consider minorities, and disabled persons) should work (a) FINDINGS.—The Senate finds that— legislation that increases highway spending if (1) the Corps of Engineers provides quality, together at the earliest opportunity to enact leg- such legislation changes highway user fees to islation to achieve a solvent and permanently responsive engineering services to the United pay for such increased spending. States, including planning, designing, building, sustainable Social Security system; and SEC. 312. SENSE OF THE SENATE CONCERNING (2) Social Security reform— and operating invaluable water resources and AN EXPANSION IN HEALTH CARE civil works projects; (A) must protect current and near retirees COVERAGE. (2) the ports of the United States are a vital from any changes to Social Security benefits; (a) FINDINGS.—The Senate finds that— (B) must reduce the pressure on future tax- (1) there were 74,700,000 Americans who were component of the economy of the United States, payers and on other budgetary priorities; uninsured for all or part of the two-year period playing a critical role in international trade and (C) must provide benefit levels that adequately of 2001 and 2002; commerce and in maintaining the energy supply reflect individual contributions to the Social Se- (2) this large group of uninsured Americans of the United States; curity System. constitutes almost one out of every three Ameri- (3) interruption of port operations would have (D) must preserve and strengthen the safety cans under the age of 65; a devastating effect on the United States; net for vulnerable populations, including the (3) most of these uninsured individual were (4) the navigation program of the Corps en- disabled and survivors. without health coverage for lengthy periods of ables 2,400,000,000 tons of commerce to move on (3) We should honor section 13301 of the navigable waterways; Budget Enforcement Act of 1990. time, with two-thirds of them uninsured for over six months; (5) the Department of Transportation esti- SEC. 309. SENSE OF THE SENATE CONCERNING mates that those cargo movements have created STATE FISCAL RELIEF. (4) four out of five uninsured individuals are jobs for 13,000,000 people; (a) FINDINGS.—The Senate makes the fol- in working families; lowing findings: (5) high health care costs, the large number of (6) flood damage reduction structures provided (1) States are experiencing the most severe fis- unemployed workers, and State cutbacks of pub- and maintained by the Corps save taxpayers cal crisis since World War II. lic health programs occasioned by State fiscal $21,000,000,000 in damages every year, in addi- (2) States are instituting severe cuts to a vari- crises are causing more and more individuals to tion to numerous human lives; ety of vital programs such as health care, child become uninsured; and (7) the Corps designs and manages the con- care, education, and other essential services. (6) uninsured individuals are less likely to struction of military facilities for the Army and (3) According to the Kaiser Commission on have a usual source of care outside of an emer- Air Force while providing support to the De- Medicaid and the Uninsured, 49 States already gency room, often go without screenings and partment of Defense and other Federal agencies; have taken actions or plan to cut medicaid be- preventive care, often delay or forgo needed (8) the Civil Works program of the Corps adds fore or during the current fiscal year 2003. Med- medical care, are often subject to avoidable hos- significant value to the economy of the United icaid budget proposals in many States would pital days, and are sicker and die earlier than States, including recreation and ecosystem res- eliminate or curtail health benefits for eligible those individuals who have health insurance. toration; families and substantially reduce or freeze pro- (b) SENSE OF SENATE.—It is the sense of the (9) through contracting methods, the civil vider reimbursement rates. Senate that the functional totals in this resolu- works program employs thousands of private (4) In 2002, at least 13 States reported de- tion assume that— sector contract employees, as well as Federal creased State investments in their child care as- (1) expanded access to health care coverage employees, in all aspects of construction, sistance programs. throughout the United States is a top priority science, engineering, architecture, management, (5) According to a forthcoming analysis of 22 for national policymaking; and planning, design, operations, and maintenance; States, at least 1,700,000 people are now at risk (2) to the extent that additional funds are and of losing their health care coverage under cuts made available, a significant portion of such (10) the Bureau of Labor Statistics indicates that have already been implemented or pro- funds should be dedicated to expanding access that $1,000,000,000 expended for the Civil Works posed. to health care coverage so that fewer individ- program generates approximately 40,000 jobs in (6) Fiscal relief would help avoid adding even uals are uninsured and fewer individuals are support of construction operation and mainte- more Americans to the ranks of the uninsured likely to become uninsured. nance activities in the United States. while preserving the safety net when it is most SEC. 313. SENSE OF THE SENATE ON THE STATE (b) BUDGETARY ASSUMPTIONS.—It is the sense needed during an economic downturn. CRIMINAL ALIEN ASSISTANCE PRO- of the Senate that— (7) Curtailing the States’ need to cut spending GRAM. (1) to perform vital functions described in sub- and increase taxes is essential for true economic (a) FINDINGS.—The Senate finds the following: section (a), the Corps of Engineers requires ad- growth. (1) The control of illegal immigration is a Fed- ditional funding; and (b) SENSE OF THE SENATE.—It is the Sense of eral responsibility. (2) the budgetary totals in this resolution as- the Senate that the functional totals in this res- (2) In fiscal year 2002, however, State and sume that the level of funding provided for pro- olution assume that any legislation enacted to local governments spent more than grams of the Corps described in subsection (a) provide economic growth for the United States $13,000,000,000 in costs associated with the in- will not be reduced below current baseline should include not less than $30,000,000,000 for carceration of undocumented criminal aliens. State fiscal relief over the next 18 months (of (3) The Federal Government provided spending levels established for the programs. which at least half should be provided through $565,000,000 in appropriated funding to the State SEC. 315. RADIO INTEROPERABILITY FOR FIRST a temporary increase in the Federal medical as- Criminal Alien Assistance Program (SCAAP) to RESPONDERS. sistance percentage (FMAP)). reimburse State and local governments for these (a) STUDY.—It is the sense of the Senate that SEC. 310. FEDERAL AGENCY REVIEW COMMIS- costs. the Attorney General, in consultation with the SION. (4) In fiscal year 2003, the fiscal burden of in- Secretary of Homeland Security, should conduct It is the sense of the Senate that a commission carcerating undocumented criminal aliens is a study of the need and cost to make the radio should be established to review Federal domestic likely to grow, however, Congress provided only systems used by fire departments and emergency agencies, and programs within such agencies, $250,000,000 to help cover these costs. medical services agencies interoperable with with the express purpose of providing Congress (5) The 56 percent cut in fiscal year 2003 fund- those used by law enforcement to the extent that with recommendations, and legislation to imple- ing for SCAAP will place an enormous burden interoperability will not interfere with law en- ment those recommendations, to realign or elimi- on State and local law enforcement agencies forcement operations. nate government agencies and programs that during a time of heightened efforts to secure our (b) GRANT PROGRAM.—It is the sense of the are duplicative, wasteful, inefficient, outdated, homeland. Senate that Congress should authorize and ap- or irrelevant, or have failed to accomplish their (6) The Administration did not include fund- propriate $20,000,000 to establish a grant pro- intended purpose. ing for SCAAP in its fiscal year 2004 budget. gram through which the Attorney General SEC. 311. SENSE OF THE SENATE REGARDING (b) SENSE OF THE SENATE.—It is the sense of would award grants to local governments to as- HIGHWAY SPENDING. the Senate that— sist fire departments and emergency medical (a) FINDINGS.—The Senate makes the fol- (1) the functional totals underlying this reso- services agencies to establish radio interoper- lowing findings: lution on the budget assumes that the State ability.

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 6333 E:\CR\FM\A31MR6.044 S31PT1 S4588 CONGRESSIONAL RECORD — SENATE March 31, 2003 SEC. 316. SENSE OF THE SENATE ON CORPORATE ‘‘(3) For months beginning with January 2006 sumptions in the budget resolution in this ses- TAX HAVEN LOOPHOLES. and ending with December 2006, the amount sion of Congress, such legislation should include (a) FINDINGS.—Congress finds that companies equal to 80 percent of the amount of retired pay tax and other financial incentives, like those in- are taking advantage of loopholes in the United to which the member or former member would be cluded in the New Homestead Act (S. 602), to States tax code to direct taxable income to tax entitled if the member or former member were help rural communities fight the economic deci- haven jurisdictions, some of which have exces- paid retired pay without regard to sections 5304 mation caused by chronic out-migration by giv- sive bank secrecy laws and a poor record of co- and 5305 of title 38 for such months. ing them the tools they need to attract individ- operation with United States civil and criminal ‘‘(4) For months beginning after December uals to live and work, or to start and grow a tax enforcement. 2006, the amount equal to the full amount of re- business, in such rural areas. (b) SENSE OF THE SENATE.—It is the sense of tired pay to which the member or former member SEC. 321. SENSE OF THE SENATE CONCERNING the Senate that the Senate should act to stop would be entitled if the member or former mem- HIGHER EDUCATION AFFORD- companies from avoiding paying their fair share ber were paid retired pay without regard to sec- ABILITY. of United States taxes by— tions 5304 and 5305 of title 38 for such months. (a) FINDINGS.—The Senate finds that— (1) addressing the problem of corporations ‘‘(e) DEFINITIONS.—In this section: (1) in our increasingly competitive global that have renounced their United States citizen- ‘‘(1) The term ‘retired pay’ includes retainer economy, the attainment of higher education is ship (‘‘inverted’’) by relocating their head- pay, emergency officers’ retirement pay, and critical to the economic success of an individual, quarters to tax haven jurisdictions while main- naval pension. as evidenced by the fact that, in 1975, college taining their primary offices and production or ‘‘(2) The term ‘service-connected’ has the graduates earned an average of 57 percent more service facilities in the United States; and meaning given that term in section 101(16) of than individuals who were only high school (2) addressing the problem of Bermuda-based title 38. graduates, as compared to the fact that, in 2001, insurance companies that are using reinsurance ‘‘(3) The term ‘veterans’ disability compensa- college graduates earned an average of 84 per- agreements with their subsidiaries to direct tion’ has the meaning given the term ‘compensa- cent more than high school graduates; property and casualty insurance premiums out tion’ in section 101(12) of title 38.’’. (2) over the past 20 years, the average cost of (2) COORDINATION WITH SPECIAL COMPENSA- of the United States into Bermuda to reduce college tuition has increased by over 250 percent TION AUTHORITY.—Section 1413 of such title is their United States taxes in a way that places and is increasing— United States property and casualty insurance amended— (A) at a faster rate than any consumer item, companies at a competitive disadvantage. (1) in subsection (a)— (A) by inserting ‘‘, for months in 2002 and including health care; and SEC. 317. SENSE OF SENATE ON PHASED-IN CON- (B) at a rate that is more than twice as fast CURRENT RECEIPT OF RETIRED PAY 2003,’’ after ‘‘Secretary concerned shall’’; and (B) by striking the last sentence; and as the rate of inflation; AND VETERANS’ DISABILITY COM- (3) despite increases in grant amounts con- PENSATION FOR VETERANS WITH (2) in subsection (b)— SERVICE-CONNECTED DISABILITIES (A) in paragraph (2), by striking ‘‘September tained in legislation recently enacted by Con- RATED AT 60 PERCENT OR HIGHER. 2004’’ and inserting ‘‘December 2003’’; and gress, the value of the maximum Pell Grant has It is the sense of the Senate that the new (B) by striking paragraph (3). declined 15 percent since 1975 in inflation-ad- budget authority and outlays for fiscal years (3) ADDITIONAL CONFORMING AMENDMENTS.— justed terms, forcing more students to rely on 2004 through 2013 for National Defense (050) (A) Effective on December 31, 2003, section 1413a student loans to finance the cost of a higher specified in section 103(1) are adequate to pro- of such title is repealed. education; vide, and should provide, for the phased-in of (B) Effective on the date of the enactment of (4) from fiscal years 1990 to 2000, the demand concurrent receipt of retired pay and veterans’ this Act, subsection (d) of section 641 of the Na- for student loans rose by 41 percent and the av- disability compensation by veterans with serv- tional Defense Authorization Act for Fiscal erage student loan amount increased by 48.2 ice-connected disabilities rated 60 percent or Year 2002 (Public Law 107–107; 115 Stat. 1150; 10 percent; and higher as if section 1414 of title 10, United States U.S.C. 1414 note) is repealed. (5) according to the Department of Education, Code, were amended to read as follows: (4) CLERICAL AMENDMENTS.—(A) Effective on there is approximately $150,000,000,000 in out- ‘‘§ 1414. Members eligible for retired pay who the date of the enactment of this Act, the table standing student loan debt and students bor- have service-connected disabilities: payment of sections at the beginning of chapter 71 of title rowed more during the decade beginning in 1990 of retired pay and veterans’ disability com- 10, United States Code, is amended by striking than during all of the decades beginning in pensation for disabilities rated at 60 per- the item relating to section 1414 and inserting 1960, 1970, and 1980. (b) SENSE OF THE SENATE.—It is the sense of cent or higher the following new item: the Senate that economic stimulus legislation ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND ‘‘1414. Members eligible for retired pay who have service-connected disabilities: enacted pursuant to the instructions contained COMPENSATION.—A member or former member of in this concurrent resolution on the budget the uniformed services described in subsection payment of retired pay and vet- erans’ disability compensation for should include provisions to make higher edu- (b) is entitled to be paid retired pay, up to the cation affordable, including— amount determined for such member or former disabilities rated at 60 percent or higher.’’. (1) a provision to make permanent the above- member under subsection (d), in addition to any the-line deduction for the higher education ex- (B) Effective December 31, 2003, the table of entitlement to veterans’ disability compensation, penses of a taxpayer and members of the tax- sections at the beginning of such chapter is without regard to sections 5304 and 5305 of title payer’s family and to increase such deduction to amended by striking the item relating to section 38. $8,000 for taxable year 2003 and $12,000 for tax- 1413a. ‘‘(b) COVERED MEMBERS.—A member or former able year 2004 and thereafter; and member described in this subsection is any mem- SEC. 318. SENSE OF THE SENATE CONCERNING (2) a credit against tax of up to $1,500 for each ber or former member who is entitled to retired NATIVE AMERICAN HEALTH. taxable year (indexed for inflation) for interest It is the sense of the Senate that Congress has pay (other than as specified in subsection (c)) paid during such taxable year on loans incurred recognized the importance of Native American and who is also entitled to veterans’ disability for higher education expenses— compensation for a service-connected disability health. In 1997, Congress enacted a program to (A) during the first 60 months such payments rated at 60 percent or higher, as determined spend $30,000,000 a year on research and treat- are required; and under laws administered by the Secretary of ment on diabetes in the Native American com- (B) paid by individuals who are not depend- Veterans Affairs. munity. This amount was increased to ents. XCEPTION $100,000,000 a year in 2000 and further increased ‘‘(c) E .—Subsection (a) does not SEC. 322. SENSE OF THE SENATE CONCERNING apply to a member retired under chapter 61 of to $150,000,000 a year in 2002. This is a 500 per- CHILDREN’S GRADUATE MEDICAL this title with less than 20 years of service other- cent increase since 1997. This priority focuses on EDUCATION. wise creditable under section 1405 of this title at prevention and treatment for a major disease in (a) FINDINGS.—The Senate finds that— the time of the member’s retirement. the Native American community. (1) children’s hospitals provide excellent care ‘‘(d) MAXIMUM AMOUNT OF RETIRED PAY.— SEC. 319. RESERVE FUND TO STRENGTHEN SO- for children; The maximum amount of retired pay to which a CIAL SECURITY. (2) the importance of children’s hospitals ex- member or former member is entitled under sub- If legislation is reported by the Senate Com- tends to the health care of all children through- section (a) is as follows: mittee on Finance, or an amendment thereto is out the United States; ‘‘(1) For months beginning with January 2004 offered or a conference report thereon is sub- (3) making up only 1 percent of all hospitals, and ending with December 2004, the amount mitted that would extend the solvency of the So- independent children’s hospitals train almost 30 equal to 45 percent of the amount of retired pay cial Security Trust Funds, the Chairman of the percent of all pediatricians and 50 percent of all to which the member or former member would be Senate Committee on the Budget may revise the pediatric specialists; entitled if the member or former member were aggregates, functional totals, allocations, and (4) children’s hospitals provide over 50 percent paid retired pay without regard to sections 5304 other appropriate levels and limits in this reso- of the hospital care in the United States for and 5305 of title 38 for such months. lution by up to $396,000,000,000 in budget au- children with serious illness, including needing ‘‘(2) For months beginning with January 2005 thority and outlays for the total of fiscal years cardiatric surgery, children with cancer, and and ending with December 2005, the amount 2003 through 2013. children with cerebral palsy; and equal to 60 percent of the amount of retired pay SEC. 320. SENSE OF THE SENATE ON PROVIDING (5) children’s hospitals are important centers to which the member or former member would be TAX AND OTHER INCENTIVES TO RE- for pediatric research and the major pipeline for entitled if the member or former member were VITALIZE RURAL AMERICA. future pediatric researchers. paid retired pay without regard to sections 5304 It is the sense of the Senate that if tax relief (b) SENSE OF THE SENATE.—It is the sense of and 5305 of title 38 for such months. measures are passed in accordance with the as- the Senate that, for fiscal year 2004, children’s

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 6333 E:\CR\FM\A31MR6.044 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4589 graduate medical education should be funded at (ii) the school lunch program established cerns that have suffered substantial eco- $305,000,000. under the Richard B. Russell National School nomic harm from drought. SEC. 323. SENSE OF THE SENATE ON FUNDING Lunch Act (42 U.S.C. 1751 et seq.); and There being no objection, the Senate FOR CRIMINAL JUSTICE. (iii) the child and adult care food program es- proceeded to consider the bill. (a) FINDINGS.—The Senate finds that— tablished under the section 17 of the Richard B. Mr. BENNETT. Mr. President, I ask (1) bipartisan efforts have led to success in the Russell National School Lunch Act (42 U.S.C. fight against crime and improvements in the ad- 1766); and unanimous consent that the bill be ministration of justice; (C) renews and fully funds the special supple- read a third time and passed, the mo- (2) Congress steadily increased funding for mental nutrition program for women, infants, tion to reconsider be laid on the table, crime identification technologies between 1994 and children established by section 17 of the and any statements regarding this and 2003; and Child Nutrition Act of 1966 (42 U.S.C. 1786). matter be printed in the RECORD. (3) a strong commitment to improve crime (b) SENSE OF THE SENATE.—It is the sense of The PRESIDING OFFICER. Without identification technologies is still needed. the Senate that the final budget conference objection, it is so ordered. (b) SENSE OF THE SENATE.—It is the sense of agreement should not take or propose any ac- the Senate that the funding levels in this resolu- The bill (S. 318) was read the third tions that reduce the level of funding provided time and passed, as follows: tion assume that the programs authorized under for domestic nutrition assistance programs ad- the Crime Identification Technology Act of 1998 ministered by the Secretary of Agriculture below S. 318 to improve the justice system will be fully fund- current baseline spending levels for the pro- Be it enacted by the Senate and House of Rep- ed at the levels authorized for each of the fiscal grams. resentatives of the United States of America in years 2004 through 2007. SEC. 328. SENSE OF SENATE CONCERNING FREE Congress assembled, SEC. 324. SENSE OF THE SENATE CONCERNING TRADE AGREEMENT WITH THE SECTION 1. LOANS TO SMALL BUSINESS CON- FUNDING FOR DRUG TREATMENT UNITED KINGDOM. CERNS DAMAGED BY DROUGHT. PROGRAMS. It is the sense of the Senate that the President (a) SHORT TITLE.—This Act may be cited as It is the sense of the Senate that the func- should negotiate a free trade agreement with the the ‘‘Small Business Drought Relief Act of tional totals in this resolution assume that up to United Kingdom. 2003’’. $20,000,000 from funds designated, but not obli- (b) FINDINGS.—Congress finds that— SEC. 329. RESERVE FUND FOR POSSIBLE MILI- gated, for travel and administrative expenses, TARY ACTION AND RECONSTRUC- (1) as of July 2002, more than 36 States (in- from drug interdiction activities should be used TION IN IRAQ. cluding Massachusetts, South Carolina, and for service-oriented targeted grants for the utili- (a) IN GENERAL.—Upon the favorable report- Louisiana) have suffered from continuing zation of substances that block the craving for ing of legislation by the Committee on Appro- drought conditions; heroin and that are newly approved for such priations of the Senate making discretionary ap- (2) droughts have a negative effect on use by the Food and Drug Administration. propriations in excess of the levels assumed in State and regional economies; SEC. 325. FUNDING FOR AFTER-SCHOOL PRO- this resolution for expenses for possible military (3) many small businesses in the United GRAMS. action and reconstruction in Iraq in fiscal years States sell, distribute, market, or otherwise (a) FINDINGS.—Congress finds that: 2003 through 2013, the Committee on the Budget engage in commerce related to water and (1) Studies show that organized extra- of the Senate may, in consultation with the water sources, such as lakes, rivers, and curricular activities, such as after-school pro- Chairman and Ranking Member of the appro- streams; grams, reduce crime, drug use, and teenage priate committee, revise the level of total new (4) many small businesses in the United pregnancy. budget authority and outlays, the functional to- States suffer economic injury from drought (2) According to the FBI, youth are most at tals, allocations, discretionary spending limits, conditions, leading to revenue losses, job risk for committing violent acts and being vic- and levels of deficits and debt in this resolution layoffs, and bankruptcies; tims of violent crimes between 3:00 p.m. and 8:00 by up to $100,000,000,000 in budget authority (5) these small businesses need access to p.m.—after school is out and before parents ar- and outlays. low-interest loans for business-related pur- rive home. (b) APPLICATION.—Any adjustments of alloca- poses, including paying their bills and mak- (3) There remains a great need for after-school tions and aggregates made pursuant to this res- ing payroll until business returns to normal; programs. The Census Bureau reported that at olution shall— (6) absent a legislative change, the practice least 8 to 15 million children have no place to go (1) apply while that measure is under consid- of the Small Business Administration of per- after school is out. eration; mitting only agriculture and agriculture-re- (4) Current funding for after-school programs (2) take effect upon the enactment of that lated businesses to be eligible for Federal provide almost 1.4 million children across the measure; and disaster loan assistance as a result of country a safe and enriching place to go after (3) be published in the Congressional Record drought conditions would likely continue; school instead of being home alone. as soon as practicable. (7) during the past several years small (b) SENSE OF THE SENATE.—It is the sense of (c) EFFECT OF CHANGED ALLOCATIONS AND AG- businesses that rely on the Great Lakes have the Senate that the levels in this resolution as- GREGATES.—Revised allocations and aggregates suffered economic injury as a result of lower sume that funding for 21st Century Community resulting from these adjustments shall be consid- than average water levels, resulting from Learning Centers is at least enough to ensure ered for the purposes of the Congressional low precipitation and increased evaporation, the number of children participating in after- Budget Act of 1974 as allocations and aggregates and there are concerns that small businesses school programs does not decrease. contained in this resolution. in other regions could suffer similar hard- SEC. 326. SENSE OF THE SENATE ON THE $1,000 (d) BUDGET COMMITTEE DETERMINATIONS.— ships beyond their control and that they CHILD CREDIT. For purposes of this resolution— should also be eligible for assistance; and It is the sense of the Senate that extending the (1) the levels of new budget authority, out- (8) it is necessary to amend the Small $1,000 child credit for 3 additional years (2011– lays, direct spending, new entitlement author- Business Act to clarify that nonfarm-related 2013) can be accommodated within the revenue ity, revenues, deficits, and surpluses for a fiscal small businesses that have suffered economic totals and instructions of this resolution. year or period of fiscal years shall be determined injury from drought are eligible to receive fi- SEC. 327. SENSE OF THE SENATE CONCERNING on the basis of estimates made by the Committee nancial assistance through Small Business FUNDING FOR DOMESTIC NUTRI- on the Budget of the Senate; and Administration Economic Injury Disaster TION ASSISTANCE PROGRAMS. (2) the Chairman of that Committee may make Loans. (a) FINDINGS.—The Senate finds that— (c) DROUGHT DISASTER AUTHORITY.— (1) domestic nutrition assistance programs ad- any other necessary adjustments to such levels (1) DEFINITION OF DISASTER.—Section 3(k) ministered by the Secretary of Agriculture— to carry out this resolution. (A) have a long history of bipartisan support; f of the Small Business Act (15 U.S.C. 632(k)) is (B) have an accomplished record of preventing amended— health problems for children and promoting the SMALL BUSINESS DROUGHT (A) by inserting ‘‘(1)’’ after ‘‘(k)’’; and health, growth, and development of children; RELIEF ACT OF 2003 (B) by adding at the end the following: ‘‘(2) For purposes of section 7(b)(2), the (C) provide United States agricultural pro- Mr. BENNETT. Mr. President, I ask ducers and food manufacturers with important term ‘disaster’ includes— unanimous consent that the Small ‘‘(A) drought; and and substantial markets through which they Business Committee be discharged can obtain and sustain livelihoods; and ‘‘(B) below average water levels in the (D) are due to be reauthorized and improved from further action on S. 318 and that Great Lakes, or on any body of water in the during the 108th Congress; and the Senate then proceed to its imme- United States that supports commerce by (2) the budget proposed by the President for diate consideration. small business concerns.’’. fiscal year 2004— The PRESIDING OFFICER. Without (2) DROUGHT DISASTER RELIEF AUTHORITY.— (A) maintains current levels of funding for objection, it is so ordered. The clerk Section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is amended— child nutrition; will report the bill by title. (B) extends and improves nutrition assistance (A) by inserting ‘‘including drought, with programs, including— The assistant legislative clerk read respect to both farm-related and nonfarm-re- (i) the school breakfast program established by as follows: lated small business concerns affected by section 4 of the Child Nutrition Act of 1966 (42 A bill (S. 318) to provide emergency assist- drought,’’ before ‘‘if the Administration’’; U.S.C. 1773); ance to nonfarm-related small business con- and

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.044 S31PT1 S4590 CONGRESSIONAL RECORD — SENATE March 31, 2003 (B) in subparagraph (B), by striking ‘‘the The assistant legislative clerk read To be major general Consolidated Farmers Home Administration as follows: Brigadier General Jeffery L. Arnold, 2649 Act of 1961 (7 U.S.C. 1961)’’ and inserting the A concurrent resolution (H. Con. Res. 84) Brigadier General Robert M. Carrothers, 3234 following: ‘‘section 321 of the Consolidated providing for the acceptance of a statue of Brigadier General Michael G. Corrigan, 8444 Farm and Rural Development Act (7 U.S.C. President Dwight D. Eisenhower, presented Brigadier General George R. Fay, 4701 1961), in which case, assistance under this by the people of Kansas, for placement in the Brigadier General John R. Hawkins, III, 7069 paragraph may be provided to farm-related Capitol, and for other purposes. Brigadier General Michael K. Jelinsky, 5149 and nonfarm-related small business con- Brigadier General Terrill K. Moffett, 6766 cerns, subject to the other applicable re- There being no objection, the Senate proceeded to consider the concurrent Brigadier General Paul D. Patrick, 6466 quirements of this paragraph’’. Brigadier General Harry J. Philips, Jr., 8457 (d) PROMPT RESPONSE TO DISASTER RE- resolution. Brigadier General Jerry W. Reshetar, 0799 QUESTS.—Section 7(b)(2)(D) of the Small Mr. BENNETT. Mr. President, I ask Brigadier General Stephen B. Thompson, 2012 Business Act (15 U.S.C. 636(b)(2)(D)) is unanimous consent that the resolution Brigadier General Stephen D. Tom, 2119 amended by striking ‘‘Upon receipt of such be agreed to, the preamble be agreed Brigadier General George W. Wells, Jr., 9978 certification, the Administration may’’ and to, the motion to reconsider be laid Brigadier General Robert J. Williamson, 7138 inserting ‘‘Not later than 30 days after the upon the table, and that any state- date of receipt of such certification by a To be brigadier general Governor of a State, the Administration ments relating to this matter be print- Colonel Charles J. Barr, 7265 shall respond in writing to that Governor on ed in the RECORD. Colonel David N. Blackledge, 1316 its determination and the reasons therefore, The PRESIDING OFFICER. Without Colonel Brian J. Bowers, 6804 and may’’. objection, it is so ordered. Colonel Edwin S. Castle, 3201 (e) LIMITATION ON LOANS.—From funds oth- The resolution (H. Con. Res. 84) was Colonel Oscar S. DePriest, IV, 1453 erwise appropriated for loans under section agreed to. Colonel Mari K. Eder, 2706 7(b) of the Small Business Act (15 U.S.C. The preamble was agreed to. Colonel Alan E. Grice, 6369 636(b)), not more than $9,000,000 may be used f Colonel Paul F. Hamm, 4818 during fiscal year 2003 to provide drought Colonel Philip L. Hanrahan, 2194 disaster loans to non-farm related small EXECUTIVE SESSION Colonel Christopher A. Ingram, 5053 business concerns. Colonel Janis L. Karpinski, 0063 (f) RULEMAKING.—Not later than 45 days Colonel John F. McNeill, 6825 after the date of enactment of this Act, the EXECUTIVE CALENDAR Colonel William Monk, III, 7931 Administrator of the Small Business Admin- Mr. BENNETT. Mr. President, I ask Colonel Gary M. Profit, 1548 istration shall promulgate final rules to Colonel Douglas G. Richardson, 7068 carry out this Act and the amendments unanimous consent that the Senate im- mediately proceed to executive session Colonel Michael J. Schweiger, 1172 made by this Act. Colonel Richard J. Sherlock, Jr., 9856 f to consider the following nominations Colonel Charles B. Skaggs, 7815 EXECUTIVE SESSION on today’s Executive Calendar: Colonel Richard M. Tabor, 7175 Calendar Nos. 46, 89, 93, 94, 95, 96, 97, Colonel Phillip J. Thorpe, 4583 and all nominations on the Secretary’s Colonel Ennis C. Whitehead, III, 9925 NOMINATION OF HARRY DAMELIN desk. NAVY I further ask unanimous consent that TO BE INSPECTOR GENERAL FOR The following named officers for appoint- THE SMALL BUSINESS ADMINIS- the nominations be confirmed en bloc, ment in the United States Naval Reserve to TRATION the motions to reconsider be laid upon the grade indicated under title 10, U.S.C., the table, the President be imme- Mr. BENNETT. Mr. President, I ask section 12203: diately notified of the Senate’s action, unanimous consent that the Small To be rear admiral (lower half) and the Senate then return to legisla- Business Committee be discharged Capt. David O. Anderson, 4824 tive session. from further consideration of Harry Capt. David J. Cronk, 9384 The PRESIDING OFFICER. Without Damelin, to be inspector general for Capt. Dirk J. Debbink, 0752 objection, it is so ordered. Capt. Frank F. Rennie, IV, 3148 the Small Business Administration; I The nominations considered and con- NOMINATIONS PLACED ON THE SECRETARY’S further ask unanimous consent that firmed are as follows: the nomination be referred to the Gov- DESK EXECUTIVE OFFICE OF THE PRESIDENT ernmental Affairs Committee as under AIR FORCE Linda M. Springer, of Pennsylvania, to be PN181 Air Force nominations (114) begin- a previous agreement, the nomination Controller, Office of Federal Financial Man- ning COLBY D. * ADAMS, and ending ROB- then be immediately discharged; fur- agement, Office of Management and Budget. ERT K. * YOUNG, which nominations were ther, the Senate proceed to its consid- DEPARTMENT OF JUSTICE eration, the nomination be confirmed, received by the Senate and appeared in the McGregor William Scott, of California, to Congressional Record of January 13, 2003. and the motion to reconsider be laid be United States Attorney for the Eastern PN229 Air Force nominations (1597) ) begin- upon the table; finally, I ask unani- District of California for the term of four ning RAYMOND B. ABARCA, and ending MI- mous consent that the President be no- years, vice Paul L. Seave, resigned. CHAEL A. ZROSTLIK, which nominations tified immediately of the Senate’s ac- ARMY were received by the Senate and appeared in tion and the Senate then resume legis- The following Army National Guard of the the Congressional Record of January 16, 2003. lative session. United States officers for appointment in the PN358 Air Force nominations (14) begin- The PRESIDING OFFICER. Without Reserve of the Army to the grades indicated ning JOYCE A. ADKINS, and ending STE- objection, it is so ordered. under title 10, U.S.C., section 12203: VEN A. WILSON, which nominations were The nomination was confirmed. To be major general received by the Senate and appeared in the Congressional Record of February 25, 2003. f Brig. Gen. Dennis M. Kenneally, 2586 PN361 Air Force nominations (1501) begin- LEGISLATIVE SESSION To be brigadier general ning JOHN J. ABBATIELLO, and ending MI- The PRESIDING OFFICER. The Sen- Col. Oscar B. Hilman, 6837 CHAEL P. ZUMWALT, which nominations ate will now return to legislative ses- The following Army National Guard of the were received by the Senate and appeared in United States officer for appointment in the the Congressional Record of February 25, sion. Reserve of the Army to the grade indicated 2003. f under title 10, U.S.C., section 12203: PN362 Air Force nominations (98) begin- ACCEPTANCE OF STATUE OF To be major general ning CATHERINE M. AMITRANO, and end- PRESIDENT DWIGHT D. EISEN- Brig. Gen. Edwin H. Roberts, Jr., 0530 ing CYNTHIA K. WRIGHT, which nomina- HOWER The following named officer for appoint- tions were received by the Senate and ap- ment in the United States Army to the grade peared in the Congressional Record of Feb- Mr. BENNETT. Mr. President, I ask indicated under title 10, U.S.C., section 624: ruary 25, 2003. unanimous consent that the Senate To be brigadier general ARMY proceed to the immediate consider- Col. Sheila R. Baxter, 5724 PN364 Army nominations (6) beginning ation of H. Con. Res 84, which was re- The following named officers for appoint- BRIAN K. BALFE, and ending JAMES H. ceived from the House. ment in the Reserve of the Army to the TROGDON, III, which nominations were re- The PRESIDING OFFICER. The grades indicated under title 10, U.S.C., sec- ceived by the Senate and appeared in the clerk will report. tion 12203: Congressional Record of February 25, 2003.

VerDate Jan 31 2003 02:38 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A31MR6.042 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — SENATE S4591 PN420 Army nomination of William O. tomorrow until 10 a.m. Members who THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADES INDI- Prettyman, II, which was received by the wish to make statements in support of CATED UNDER TITLE 10, U.S.C., SECTION 12203: Senate and appeared in the Congressional our troops are encouraged to do so dur- To be major general Record of March 11, 2003. ing that time. PN421 Army nomination of Darrell S. Ran- At 10 a.m., the Senate will proceed to BRIGADIER GENERAL JEFFERY L. ARNOLD som, which was received by the Senate and BRIGADIER GENERAL ROBERT M. CARROTHERS appeared in the Congressional Record of executive session to consider the nomi- BRIGADIER GENERAL MICHAEL G. CORRIGAN nation of Timothy Tymkovich, to be a BRIGADIER GENERAL GEORGE R. FAY March 11, 2003. BRIGADIER GENERAL JOHN R. HAWKINS III PN422 Army nomination of Frederick D. circuit judge for the Tenth Circuit. BRIGADIER GENERAL MICHAEL K. JELINSKY White, which was received by the Senate and Under the previous order, there will BRIGADIER GENERAL TERRILL K. MOFFETT appeared in the Congressional Record of be up to 6 hours for debate on the nom- BRIGADIER GENERAL PAUL D. PATRICK BRIGADIER GENERAL HARRY J. PHILIPS, JR. March 11, 2003. ination. Following the use or yielding BRIGADIER GENERAL JERRY W. RESHETAR MARINE CORPS back of that time, the Senate will pro- BRIGADIER GENERAL STEPHEN B. THOMPSON BRIGADIER GENERAL STEPHEN D. TOM PN423 Marine Corps nominations (2) begin- ceed to vote on the confirmation. BRIGADIER GENERAL GEORGE W. WELLS, JR. ning MICHAEL P. KILLION, and ending For the remainder of the week, the BRIGADIER GENERAL ROBERT J. WILLIAMSON DOUGLAS S. KURTH, which nominations Senate is expected to complete action To be brigadier general were received by the Senate and appeared in on several important issues, including the Congressional Record of March 11, 2003. the supplemental appropriations bill. COLONEL CHARLES J. BARR PN365 Marine Corps nominations (377) be- COLONEL DAVID N. BLACKLEDGE Therefore, on behalf of the leader, I no- COLONEL BRIAN J. BOWERS ginning BRIAN T. ALEXANDER, and ending COLONEL EDWIN S. CASTLE PHILLIP J. ZIMMERMAN, which nomina- tify all Senators to expect a very busy COLONEL OSCAR S. DEPRIEST IV tions were received by the Senate and ap- week with rollcall votes each day. COLONEL MARI K. EDER COLONEL ALAN E. GRICE peared in the Congressional Record of Feb- f COLONEL PAUL F. HAMM ruary 25, 2003. COLONEL PHILIP L. HANRAHAN ADJOURNMENT UNTIL 9 A.M. COLONEL CHRISTOPHER A. INGRAM NAVY TOMORROW COLONEL JANIS L. KARPINSKI PN366 Navy nomination of Rosemarie H. COLONEL JOHN F. MCNEILL O’Carroll, which was received by the Senate Mr. BENNETT. Mr. President, if COLONEL WILLIAM MONK III there is no further business to come be- COLONEL GARY M. PROFIT and appeared in the Congressional Record of COLONEL DOUGLAS G. RICHARDSON February 25, 2003. fore the Senate, I ask unanimous con- COLONEL MICHAEL J. SCHWEIGER PN367 Navy nomination of John M. sent that the Senate stand in adjourn- COLONEL RICHARD J. SHERLOCK, JR. COLONEL CHARLES B. SKAGGS Hakanson, which was received by the Senate ment under the previous order. COLONEL RICHARD M. TABOR and appeared in the Congressional Record of There being no objection, the Senate, COLONEL PHILLIP J. THORPE February 25, 2003. at 6:41 p.m., adjourned until Tuesday, COLONEL ENNIS C. WHITEHEAD III PN368 Navy nominations (28) beginning April 1, 2003, at 9 a.m. IN THE NAVY DANIEL P. ARTHUR, and ending WALTER C. WRYE, IV, which nominations were re- f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVAL RESERVE TO THE GRADE ceived by the Senate and appeared in the CONFIRMATIONS INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Congressional Record of February 25, 2003. Executive nominations confirmed by To be rear admiral (lower half) f the Senate March 31, 2003: CAPT. DAVID O. ANDERSON ORDERS FOR TUESDAY, APRIL 1, EXECUTIVE OFFICE OF THE PRESIDENT CAPT. DAVID J. CRONK CAPT. DIRK J. DEBBINK 2003 LINDA M. SPRINGER, OF PENNSYLVANIA, TO BE CON- CAPT. FRANK F. RENNIE IV TROLLER, OFFICE OF FEDERAL FINANCIAL MANAGE- Mr. BENNETT. Mr. President, I ask MENT, OFFICE OF MANAGEMENT AND BUDGET. AIR FORCE NOMINATIONS BEGINNING COLBY D. ADAMS unanimous consent that when the Sen- THE ABOVE NOMINATION WAS APPROVED SUBJECT TO AND ENDING ROBERT K. YOUNG, WHICH NOMINATIONS ate completes its business today, it THE NOMINEE’S COMMITMENT TO RESPOND TO RE- WERE RECEIVED BY THE SENATE AND APPEARED IN THE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY CONGRESSIONAL RECORD ON JANUARY 13, 2003. stand in adjournment until 9 a.m. CONSTITUTED COMMITTEE OF THE SENATE. AIR FORCE NOMINATIONS BEGINNING RAYMOND B. Tuesday, April 1; I further ask that fol- SMALL BUSINESS ADMINISTRATION ABARCA AND ENDING MICHAEL A. ZROSTLIK, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- lowing the prayer and the pledge, the HAROLD DAMELIN, OF VIRGINIA, TO BE INSPECTOR PEARED IN THE CONGRESSIONAL RECORD ON JANUARY morning hour be deemed to have ex- GENERAL, SMALL BUSINESS ADMINISTRATION. 16, 2003. THE JUDICIARY AIR FORCE NOMINATIONS BEGINNING JOYCE A. ADKINS pired, the Journal of the proceedings be AND ENDING STEVEN A. WILSON, WHICH NOMINATIONS approved to date, the time for the two THERESA LAZAR SPRINGMANN, OF INDIANA, TO BE WERE RECEIVED BY THE SENATE AND APPEARED IN THE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN CONGRESSIONAL RECORD ON FEBRUARY 25, 2003. leaders be reserved for their use later DISTRICT OF INDIANA. AIR FORCE NOMINATIONS BEGINNING JOHN J. in the day, and that notwithstanding DEPARTMENT OF JUSTICE ABBATIELLO AND ENDING MICHEL P. ZUMWALT, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- the previous order, the Senate begin a MCGREGOR WILLIAM SCOTT, OF CALIFORNIA, TO BE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY period of morning business until 10 UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT 25, 2003. OF CALIFORNIA FOR THE TERM OF FOUR YEARS. AIR FORCE NOMINATIONS BEGINNING CATHERINE M. a.m., with the time equally divided be- AMITRANO AND ENDING CYNTHIA K. WRIGHT, WHICH IN THE ARMY tween Senator HUTCHISON and the mi- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- nority leader or his designee; provided THE FOLLOWING ARMY NATIONAL GUARD OF THE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY UNITED STATES OFFICERS FOR APPOINTMENT IN THE 25, 2003. that at 10 a.m. the Senate proceed to RESERVE OF THE ARMY TO THE GRADES INDICATED ARMY NOMINATIONS BEGINNING BRIAN K. BALFE AND UNDER TITLE 10, U.S.C., SECTION 12203: ENDING JAMES H. TROGDON III, WHICH NOMINATIONS executive session to consider the nomi- WERE RECEIVED BY THE SENATE AND APPEARED IN THE nation of Timothy Tymkovich to be a To be major general CONGRESSIONAL RECORD ON FEBRUARY 25, 2003. circuit judge for the Tenth Circuit as BRIG. GEN. DENNIS M. KENNEALLY ARMY NOMINATION OF WILLIAM O. PRETTYMAN II. ARMY NOMINATION OF DARRELL S. RANSOM. provided under the previous order. I To be brigadier general ARMY NOMINATION OF FREDERICK D. WHITE. MARINE CORPS NOMINATIONS BEGINNING BRIAN T. AL- further ask consent that the Senate COL. OSCAR B. HILMAN EXANDER AND ENDING PHILLIP J. ZIMMERMAN, WHICH stand in recess from 12:30 p.m. to 2:15 THE FOLLOWING ARMY NATIONAL GUARD OF THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- p.m. for the weekly party meetings. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY SERVE OF THE ARMY TO THE GRADE INDICATED UNDER 25, 2003. The PRESIDING OFFICER. Without TITLE 10, U.S.C., SECTION 12203: MARINE CORPS NOMINATIONS BEGINNING MICHAEL P. objection, it is so ordered. KILLION AND ENDING DOUGLAS S. KURTH, WHICH NOMI- To be major general NATIONS WERE RECEIVED BY THE SENATE AND AP- f 21BRIG. GEN. EDWIN H. ROBERTS, JR. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 11, 2003. PROGRAM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NAVY NOMINATION OF ROSEMARIE H. O’CARROLL. IN THE UNITED STATES ARMY TO THE GRADE INDICATED NAVY NOMINATION OF JOHN M. HAKANSON. Mr. BENNETT. Mr. President, for the UNDER TITLE 10, U.S.C., SECTION 624: NAVY NOMINATIONS BEGINNING DANIEL P. ARTHUR To be brigadier general AND ENDING WALTER C. WRYE IV, WHICH NOMINATIONS information of all Senators, the Senate WERE RECEIVED BY THE SENATE AND APPEARED IN THE will be in a period of morning business COL. SHEILA R. BAXTER CONGRESSIONAL RECORD ON FEBRUARY 25, 2003.

VerDate Jan 31 2003 01:43 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 9801 E:\CR\FM\A31MR6.047 S31PT1 March 31, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E617 EXTENSIONS OF REMARKS

RECOGNIZING THE PRINCE WIL- they are engaged in humanitarian assistance, onstrated for decades. Iraqi troops unwilling to LIAM CHAMBER OF COMMERCE peacekeeping, or war. Throughout our history, die for a corrupt, diabolical regime can be 2003 BRONZE MEDAL VALOR we have expected the very best from them. comforted by the fact that American and coali- AWARD RECIPIENTS We expect them to be valiant, selfless, coura- tion forces will treat prisoners of war hu- geous, dependable, and dedicated, and they manely, supplying them with food, shelter, and HON. TOM DAVIS never disappoint us. It is a privilege and an medical assistance—in other words, treating OF VIRGINIA honor to have them represent our nation, them in full compliance with the Third Geneva whether providing humanitarian assistance, Convention. IN THE HOUSE OF REPRESENTATIVES conducting peacekeeping operations, or en- Iraqi television recently has broadcast, in di- Monday, March 31, 2003 gaged in war. rect violation of the Third Geneva Convention, Mr. TOM DAVIS of Virginia. Mr. Speaker, Because of the very high regard in which footage of American Prisoners of War. I join every year, the Prince William County Cham- we hold members of the armed services, it is my colleagues in thanking America’s brave ber of Commerce recognizes individuals who especially disturbing to us when one of these men and women serving their country on the have courageously demonstrated selfless fine young men or women is killed, wounded, front lines. I also unequivocally condemn dedication to public safety. These outstanding or taken prisoner. By any measure, their con- Iraq’s mistreatment of prisoners of war and re- men and women have played an important tributions, in terms of human sacrifice, are im- mind the Iraqi regime that, if it chooses to ig- role in building a better community. This hard mense. As a nation we share the sense of nore America’s demand to abide by its com- work and determination has earned several loss and fear and worry that their families are mitment to the Third Geneva Convention, then citizens of Prince William County the highest experiencing. these war criminals will be prosecuted to the honor bestowed upon county public safety offi- It is difficult to find words of comfort for their fullest extent of the law. cials—The Bronze Medal Valor Award. families—offering our deepest sympathy f The Bronze Medal is awarded to emergency doesn’t begin to express the anguish we expe- service officers who demonstrate extraordinary rience when we see pictures of American and JOHN KEBLES HONORED BY PENN- judgment, ingenuity, or performance of their allied soldiers killed, wounded, or held captive, SYLVANIA CREDIT UNION duties during an emergency. This may also in- or when we learn that some are missing in ac- LEAGUE clude the saving of a life threatened by phys- tion. These are truly images that bind us to- ical or medical reasons. gether in our thoughts and prayers. HON. PAUL E. KANJORSKI It is with great honor that I recognize Police We must never forget that the peace and OF PENNSYLVANIA Officer Second Class H. Booth III of the Prince prosperity that we enjoy are founded on the IN THE HOUSE OF REPRESENTATIVES ultimate sacrifices made by those who have William County Police Department, Firefighter Monday, March 31, 2003 Christine Connally of the OWL Volunteer Fire lost their lives in war throughout our nation’s Department, and Firefighter Lawrence history. They have earned our gratitude and Mr. KANJORSKI. Mr. Speaker, I rise today Kearnes of the Dale City Volunteer Fire De- respect. to call the attention of the House of Rep- partment as the recipients of the 2003 Bronze I encourage my colleagues and the citizens resentatives to the long record of service to Medal Valor Award. The service they provide of this nation, to remember these inspiring the community of a constituent of mine, my to the community is tremendous and is de- men and women who have distinguished good friend John Kebles. John is president serving of such acclaim. themselves with their gallantry and courage. and chief executive officer of Choice One Fed- Mr. Speaker, in closing, I would like to take f eral Credit Union in Wilkes-Barre and outgoing this opportunity to thank all the men and chairman of the board of the Pennsylvania women who serve Prince William County. The PERSONAL EXPLANATION Credit Union League for 2001–2002. The events of September 11th served as a re- league will thank and honor him for his service minder of the sacrifices our emergency service HON. ERNIE FLETCHER at its annual convention, to be held from April workers make for us every day. Their constant OF KENTUCKY 24 to 26, 2003. efforts on behalf of Prince William County citi- IN THE HOUSE OF REPRESENTATIVES I grew to know John well in 1998 during the zens are paramount to preserving security, fight to pass the Credit Union Membership Ac- Monday, March 31, 2003 law, and order throughout our neighborhoods; cess Act, better known to many as H.R. 1151. and their individual and collective acts of her- Mr. FLETCHER. Mr. Speaker, on Thursday, The enactment of this law showed the power oism deserve our highest praise. I ask that my March 27, 2003, despite all my efforts, I was of average citizens to influence Congress, colleagues join me in congratulating these out- unavoidably detained. Had I been present for and, Mr. Speaker, I can tell you that John is standing individuals. rollcall vote No. 91, on H. Con. Res. 118, an excellent example of those dedicated souls f Concerning the Treatment of Members of the who exercised their Constitutionally guaran- Armed Forces Held as Prisoner of War by teed right to petition their government. CONCERNING U.S. AND ALLIED Iraqi Authorities, I would have voted as fol- As chairman of the state credit union ARMED FORCES PERSONNEL lows: rollcall vote No. 91—‘‘aye.’’ league, he has successfully urged credit union KILLED, WOUNDED, OR TAKEN As the United States Armed Forces and its members to become more involved in their CAPTIVE international allies continue to liberate the op- government, setting an example for other pressed Iraqi people from the tyranny of Sad- credit union members around the nation. An- HON. ALCEE L. HASTINGS dam Hussein, we pause today to recognize other example of the league’s many accom- OF FLORIDA their bravery and professionalism. In addition, plishments under his leadership is the enact- IN THE HOUSE OF REPRESENTATIVES Congress extends heartfelt sympathies to the ment of a state credit union parity bill last year families of servicemembers who have been in- to expand opportunities for state-chartered Monday, March 31, 2003 jured, killed, or taken prisoner in Iraq. credit unions. Also during his tenure, the Mr. HASTINGS of Florida. Mr. Speaker, on For more than 50 years, the Third Geneva league has launched CU BizSource, a new March 26, 2003, I introduced a Resolution Convention has prescribed guidelines for the product and service to offer business loans to honoring U.S. and allied troops who have proper and humane treatment of prisoners of members. This is a fine example of the demo- been killed in action. My resolution also hon- war. Sadly, Iraq—which has agreed to abide cratic—‘‘little D’’—access to capital that credit ors those who are wounded, missing, or being by the Third Geneva Convention—views these unions are intended to provide. held as prisoners of war. international standards with the same callous- In the Wilkes-Barre area, John has been a Our men and women in uniform consistently ness and disregard for human life that Sad- leader in several community-minded initiatives, reflect great honor upon this nation, whether dam Hussein’s murderous regime has dem- including spearheading the effort by several

∑ 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 Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.001 E31PT1 E618 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2003 credit unions to build a Habitat for Humanity of Congress that the President of the United KEEPING CHILDREN AND house in Ashley and seeking a community States should designate a national day of FAMILIES SAFE ACT OF 2003 charter, which has made Choice One better prayer, fasting and humility. At a time when able to serve more lower-income people. I am many of our young men and women are en- SPEECH OF proud to claim him as a constituent and to call gaged in a global war on terrorism and a cam- HON. ALCEE L. HASTINGS him a friend. paign to disarm the Iraqi regime, it is entirely OF FLORIDA Mr. Speaker, I am pleased to call to the at- appropriate we should humble ourselves be- IN THE HOUSE OF REPRESENTATIVES tention of the House of Representatives the fore Almighty God. Wednesday, March 26, 2003 honor being accorded to John Kebles by the Throughout American history, both the Con- Mr. HASTINGS of Florida. Mr. Speaker, I Pennsylvania Credit Union League, and I wish gress and the President have called on the strongly support this bill. It provides states with him and his family all the best. American people to acknowledge the Provi- Federal funds to train caseworkers in child f dence of God and to seek his divine wisdom. protective service systems, an initiative that We have witnessed the benefits of national RECOGNIZING THE PRINCE WIL- the State of Florida desperately needs. prayer and fasting in times past, and we are LIAM CHAMBER OF COMMERCE Florida’s Department of Children and Fami- today asking the President to once again pro- 2003 LIFESAVING VALOR AWARD lies has an abysmal record of monitoring the claim such a day. While the challenges we RECIPIENTS children entrusted to its care, and I am hopeful face in the 21st Century are new, we know the that an infusion of Federal funds, aimed at in- root causes of these difficulties are much the creasing both training and oversight of social HON. TOM DAVIS same as they have always been. workers, will alleviate this disgrace. OF VIRGINIA It is with the hope that good will ultimately I am sure you will recall the story of 5-year- IN THE HOUSE OF REPRESENTATIVES triumph that we are asking for all people to old Rilya Wilson, the young Florida child Monday, March 31, 2003 collectively acknowledge God and seek guid- whose whereabouts are still unknown. Eight months after her disappearance, her social Mr. TOM DAVIS of Virginia. Mr. Speaker, ance, strength and resolve through prayer and worker was still filing reports indicating that every year, the Prince William County Cham- fasting. she had routinely conducted home visits and ber of Commerce recognizes individuals who Many families all across this great nation that the child was safe and well cared for. have courageously demonstrated selfless are praying for a quick resolve to the conflict in Iraq. It is fitting that we as a nation join with Regrettably, investigations into Florida’s dedication to public safety. These outstanding child welfare system revealed that this was not men and women have played an important them in solidarity during this time of war and chaos. an isolated case. Last September, in response role in building a better community. This hard to public outcry over the Rilya Wilson incident, work and determination has earned several As we hear new reports of those killed or Governor Bush replaced the secretary of Flor- citizens of Prince William County the highest missing in action, our hearts go out to the chil- ida’s Department of Children and Families. honor bestowed upon county public safety offi- dren and families of these brave men and He also created a governor’s task force in cials—The Lifesaving Valor Award. women fighting oversees. Pfc. Patrick Miller, a an attempt to locate an additional 393 children The Lifesaving Award is awarded to public constituent of mine, is among those Ameri- missing from Florida’s child welfare system. safety officials in recognition of acts taken in cans being held captive in Iraq. We are once After a 15-week effort, the Governor de- a life-threatening situation in which an individ- again realizing the high cost of war and what scribed the results ‘‘a success’’ even though ual’s life is in risk, either medically or phys- it means to defend liberty. only one-fourth of the 393 missing children ically. It is with great honor that I enter into the In recent years I think most Americans have had been located, and the task force was dis- record the names of the 2003 Lifesaving been made more aware of just how fragile banded. Award recipients. OWL Volunteer Fire Depart- peace can be, both at home and abroad. I am hopeful that an infusion of Federal ment: Lt. James Dart; Prince William County America and the world have witnessed the de- funds, specifically geared towards training Police Department: MPO W.A. Lawrence; struction of innocent life and the violation of caseworkers, will improve the child welfare MPO G.W. Motley; MPO K.A. Muehlauser; Ar- universal human rights by brutal men. In a system in the State of Florida and the rest of lington County Sheriff’s Department: Deputy J. time when the President and other leaders are the Nation. O’Keefe; USMC: Sergeant Daniel P. deciding how to respond to these situations, it f O’Mahoney. The service they provide to the is vitally important we recognize a higher PERSONAL EXPLANATION community is tremendous and is deserving of power than ourselves. such acclaim. Our Founding Fathers understood the ne- Mr. Speaker, in closing, I would like to take HON. ERNIE FLETCHER cessity of seeking guidance from God, and OF KENTUCKY this opportunity to thank all the men and today we are no less in need of that same Di- IN THE HOUSE OF REPRESENTATIVES women who serve Prince William County. The vine Counsel. Monday, March 31, 2003 events of September 11th served as a re- During the Civil War Abraham Lincoln was minder of the sacrifices our emergency service asked if God was on his side. His reply was, Mr. FLETCHER. Mr. Speaker, on Thursday, workers make for us every day. Their constant ‘‘Sir, my concern is not whether God is on my March 27, 2003, despite all my efforts, I was efforts on behalf of Prince William County citi- side. My great concern is to be on God’s unavoidably detained. Had I been present for zens are paramount to preserving security, side.’’ rollcall vote No.’s 87, 88, and 90 I would have law, and order throughout our neighborhoods; voted the following way: In the same spirit of humility Abraham Lin- and their individual and collective acts of her- Rollcall vote No. 87, Amendment offered by coln exhibited during one of our nation’s dark- oism deserve our highest praise. I ask that my Rep. FEENEY of Florida—‘‘aye’’ est hours, we are asking the President to call colleagues join me in congratulating these out- Rollcall vote No. 88, Amendment offered by for a national day of prayer, humility and fast- standing individuals. Rep. SMITH of Texas—‘‘aye’’ ing. Rollcall vote No. 90—‘‘aye’’ f As we examine ourselves before God, we f SECURING BLESSINGS OF PROVI- will surely be shown our own failings and will DENCE FOR PEOPLE OF THE learn how we can do better in our actions. I RECOGNIZING THE PRINCE WIL- UNITED STATES AND OUR am confident that as in times past, God will LIAM CHAMBER OF COMMERCE ARMED FORCES once again provide assistance to our country 2003 GOLD MEDAL VALOR AWARD in our time of need. RECIPIENT SPEECH OF In 1787 Benjamin Franklin said, ‘‘We need God as our friend not our enemy. We need HON. TOM DAVIS HON. TODD TIAHRT OF VIRGINIA OF KANSAS him to be our ally not our adversary. We need to make sure that we keep God’s concurring IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES aid.’’ Monday, March 31, 2003 Wednesday, March 26, 2003 As Mr. Franklin wisely affirmed our need for Mr. TOM DAVIS of Virginia. Mr. Speaker, Mr. TIAHRT. Mr. Speaker, I rise today in God more than two centuries ago, once again every year, the Prince William County Cham- support of H. Res. 153 and ask my colleagues we need to join together as a country in ask- ber recognizes individuals who have coura- to join me. This resolution declares the sense ing for the ‘‘aid’’ of the Almighty. geously demonstrated selfless dedication to

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.004 E31PT1 March 31, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E619 public safety. These outstanding men and neglect and abuse. Some of them simply time off to vote, and in 26 states, private sec- women have played an important role in build- never experience the love of a parent. Either tor employees may take time off to vote. It is ing a better community. This hard work and situation is abominable and the American peo- time the Federal Government acts to solidify determination has earned several citizens of ple need to be made aware of it. and coordinate this very important movement. Prince William County the highest honor be- The mission of this bill is to break the cycle The night to vote is at the foundation of our stowed upon county public safety officials— of violence, especially with emphasis on the democracy, and we must do everything we The Gold Medal Valor Award. important first step of awareness. This bill in- can to ensure that every eligible American has The Gold Medal is the highest award for tends to achieve a maximum awareness of equal access to the polling booths. I am hope- bravery and heroism. It is awarded to emer- child abuse and neglect. ful that Congress can move quickly to enact gency service officers who have knowingly Mr. Speaker, this is a worthy bill and an im- this worthwhile and timely legislation. placed themselves in peril of death or extreme portant step in the right direction. As a long f harm while saving or attempting to save the time advocate for the oppressed children of lives of others. our nation, I urge support for this bill. I yield APPLAUDING ELSIE P. BROWN It is with great honor that I recognize Fire- back the balance of my time. FOR HER COMMITMENT TO IN- fighter Carrie Wilson of the Stonewall Jackson CREASED HEALTH CARE ACCESS f Volunteer Fire Department as a recipient of FOR UNDERSERVED POPU- the Gold Medal Valor Award. Firefighter Wil- THE DEMOCRACY DAY ACT OF 2003 LATIONS OF GEORGIA son helped to avert possible deaths and inju- ries at an apartment fire by acting quickly and HON. JOHN CONYERS, JR. HON. CHARLIE NORWOOD professionally. A prime example of her bravery OF MICHIGAN OF GEORGIA was when she came to the aid of an engine IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES officer after a balcony railing collapsed, de- spite the burning debris pouring onto the crew. Monday, March 31, 2003 Monday, March 31, 2003 Firefighter Wilson also took part in the Red Mr. CONYERS. Mr. Speaker, today I am in- Mr. NORWOOD. Mr. Speaker, Elsie P. Cross Emergency Response Team, assisting troducing the ‘‘Democracy Day Act of 2003,’’ Brown has had a remarkable career in public the twenty-four displaced families find accom- legislation that would provide a day off of work health and primary health care that spans over modations. The Chamber has made an excel- so that more of our citizens can vote. I am thirty years. Few Georgians have worked as lent decision in awarding Carrie Wilson this joined by Representatives CUMMINGS, diligently for so long to address the need for prestigious honor. RODRIGUEZ, WU, RANGEL, MCGOVERN, FROST, providing quality health care access to Geor- Mr. Speaker, in closing, I ask that my col- KILPATRICK, WOOLSEY, KAPTUR, CARSON (IN), gia’s underserved populations. leagues join me in congratulating this extraor- and DAVIS (IL). Elsie is soon retiring from her current role dinary citizen. In addition, I would like to take The United States is the greatest demo- as the Director of Government Affairs and this opportunity to thank all the men and cratic republic in the history of civilization, and Membership Services, for the Georgia Asso- women who serve Prince William County. The at the foundation of our democracy is the right ciation For Primary Health Care, Inc. During events of September 11th served as a re- to vote. This right was not simply handed to Elsie’s tenure, she has provided critical leader- minder of the sacrifices our emergency service Americans; rather, it was hard won by many of ship and unwavering commitment in bringing workers make for us every day. Their constant our Nation’s citizens. Today, active citizenship to the forefront at the state and national levels efforts on behalf of Prince William County citi- demands that Americans cast a vote to have the need to improve access to primary care. zens are paramount to preserving security, their ‘‘say’’ in the political arena. While Elsie can give you the facts, it has been law and order throughout our neighborhoods, Despite this privilege, voter turnout has her ability to work with everyone, from patients and their individual and collective acts of her- been declining since the 1960s in both Presi- to Governors, from physicians to Congress- oism deserve our highest praise. dential and mid-term elections. Less than half men that has made her a unique force in this f of the voting age population (49.5 percent) movement. It is largely through her single- RECOGNIZING THE SOCIAL PROB- voted in the 1996 Presidential election, and minded effort that the state of Georgia has LEM OF CHILD ABUSE AND NE- only 51.2 percent voted in the 2000 presi- made its very first state appropriation for Fed- GLECT, AND SUPPORTING EF- dential election. The 1998 midterm elections erally Qualified Health Centers in Georgia FORTS TO ENHANCE PUBLIC saw the lowest voter turnout since 1942 at from its portion of the tobacco settlement. AWARENESS OF THE PROBLEM 36.1 percent. Of the 163 democracies world- There is no one who has served in Con- wide, the United States ranks 139th in voter gress from Georgia over the last thirty years SPEECH OF participation. who has not had Elsie and her ‘‘troops’’ make HON. DAVE CAMP Among several factors causing this decline the case increased emphasis on access to in voter turnout is the fact that many people care for everyone with vigor and persistence. OF MICHIGAN do not have time to vote on election day. In Yet, Elsie has always seemed like a friend IN THE HOUSE OF REPRESENTATIVES fact, according to a recent Census Bureau rather than an advocate. She understands the Wednesday, March 26, 2003 study, nearly 25 percent of eligible voters cited workings of government as well as she under- Mr. CAMP. Mr. Speaker, I rise today in time constraints or busy work or school sched- stands the delivery of primary care. Her work strong support of H.R. 113, the Child Abuse ules as the primary reason for failing to vote has contributed directly to the creation of and Neglect Bill of 2003. This bill will support in the 2000 Presidential election. Community Health Centers in 37 Georgia efforts to enhance public awareness of child The Democracy Day Act of 2003 addresses counties. This has resulted in access for over abuse and neglect. this problem by providing many hardworking 100,000 quality primary care visits for the poor In the state of Michigan, where I am proud Americans with the necessary time off from and underserved. to represent the 4th District, the number of work so they can vote. In addition, the bill Elsie’s retirement will leave a void in the child abuse and neglect related fatalities have would have the added benefit of increasing Health center community, but the legacy she been steadily increasing since 1998. Again, in the number of available election day judges, leaves as a result of her thirty year commit- my state, there are 2.4 identified victims of poll workers and suitable polling places. It ment to making Georgia a better and healthier child abuse per 1,000 Michigan residents. I would also serve to decrease long lines and state will stand as an example to all who fol- emphasize, that statistic encapsulates identi- the overcrowding that occurs during peak low her. fied victims only. I implore my fellow members times on election day, as well as reinforcing f of the House to think of the number of unre- the notion that voting is an important civic ported cases. This sad fact proves that the duty. PERSONAL EXPLANATION American public is not fully aware of the prob- The movement to ensure that citizens have lem presented by child neglect and abuse. time to exercise their democratic right to vote HON. ERNIE FLETCHER Thus, a challenge lies before us. This is a has gained significant momentum in various OF KENTUCKY challenge of committing every possible effort states. According to the Federal Election Com- IN THE HOUSE OF REPRESENTATIVES towards the elimination of child neglect and mission, 12 states designate election day as a Monday, March 31, 2003 abuse. state holiday, some of which close the schools Behind every number is a person, a child. in addition to excusing employees from work. Mr. FLETCHER. Mr. Speaker, on Thursday, Some of these children die because of child In addition, 20 states provide state employees March 27, 2003, despite all my efforts, I was

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.009 E31PT1 E620 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2003 unavoidably detained. Had I been present for old child and a 4-year-old child. As a result, areas of Fresno County. Besides farming, Mr. rollcall vote No. 89, on final passage of H.R. the state of Kansas implemented a statewide Betancourt is a noted columnist for a local 1104, The Child Abduction Prevention Act, I AMBER Alert program in October of 2002. 1 business publication and also enjoys teaching would have voted as follows: rollcall vote No. have since actively worked to bring the Sunday School class at Kerman Covenant. 89—‘‘aye.’’ AMBER system nationwide. Paul and his wife, Sheryl, have two children, Protecting our children is a top priority of Earlier this month, I hosted a news con- Heidi and Jonathan, and live near Kerman, this Congress. Child abduction and exploi- ference in Kansas City, Missouri, with my col- California. tation cannot and should not be tolerated. The league Representative KAREN MCCARTHY, to Mr. Speaker, I rise today to recognize Paul Child Abduction Prevention Act not only cre- raise awareness about AMBER procedures H. Betancourt for his dedication and commit- ates new methods for finding and recovering and the need for a national program. We ment to the Fresno County Farm Bureau and abducted children, but it also takes steps to joined with local police to publicize AMBER to the broader California agriculture commu- prevent them from happening in the first place. Alert and expressed our support for immediate nity. I invite my colleagues to join me in com- To help recover abducted children, it estab- passage of this bill. Cases like Elizabeth mending Paul for his service and hard work lishes a national AMBER Alert communica- Smart demonstrate the urgency for recovering and in wishing him many years of continued tions network and doubles the annual grant to missing children, and although the Smart fam- success. the National Center for Missing and Exploited ily was incredibly lucky, many others are not. Children to $20 million through 2005. Mr. Chairman, I am disappointed that we f To get tough on perpetrators and bring jus- have not seen the AMBER Alert legislation tice to sexual predators, it eliminates the stat- come to the floor as a stand alone bill, as I THE PRINCE WILLIAM CHAMBER ute of limitations for child abductions and sex called for many months ago. I believe that OF COMMERCE 2003 MERIT crimes, denies pretrial release for child rapists saving children should be above partisan poli- VALOR AWARD RECIPIENTS or child abductors, requires a mandatory life tics and that Congress should be able to unite sentence for twice-convicted child sex-offend- in favor of increasing measures to help our HON. TOM DAVIS ers and a minimum 20-year prison sentence kids. While I rise in support of H.R. 1104, 1 do OF VIRGINIA for the kidnapping of a person under 18 by a want to express my dissatisfaction that we IN THE HOUSE OF REPRESENTATIVES nonfamily member. It also punishes persons could not follow the model of our Senate Monday, March 31, 2003 who travel to foreign countries to engage in il- counterparts who passed AMBER Alert with- licit sexual relations with minors and criminal- out additional provisions that likely will delay Mr. TOM DAVIS of Virginia. Mr. Speaker, izes the actions of sex tour operators. enactment. every year, the Prince William Chamber of To provide law enforcement officers the I hope that you will join with me to pass Commerce recognizes individuals who have tools they need, it authorizes COPS funding H.R. 1104, however, to improve the safety of courageously demonstrated selfless dedication for a Sex Offender Apprehension Program, so our children. to public safety. These outstanding men and local law enforcement may track sex offenders women have played an important role in build- that violate the terms of their release. f ing a better community. This hard work and I fully support this strong measure, ‘‘The determination has earned several citizens of Child Abduction Prevention Act,’’ that will help HONORING PAUL H. BETANCOURT Prince William County the highest honor be- protect America’s children. stowed upon county public safety officials— The Merit Valor Award. f HON. GEORGE RADANOVICH The Merit Award recognizes public service OF CALIFORNIA officials for acts involving personal risk. The CHILD ABDUCTION PREVENTION IN THE HOUSE OF REPRESENTATIVES award may also be presented to those who ACT Monday, March 31, 2003 demonstrate judgment, zeal, or ingenuity above what is non-nally expected in the per- Mr. RADANOVICH. Mr. Speaker, I rise SPEECH OF formance of duty. today to recognize Paul H. Betancourt on the It is with great honor that I enter into the HON. DENNIS MOORE occasion of the Annual Banquet of the Fresno record the names of the 2003 Merit Award re- OF KANSAS County Farm Bureau on April 4, 2003. A diver- cipients. Prince William County Police Depart- IN THE HOUSE OF REPRESENTATIVES sified row crop farmer, Paul completed his ment: Police Officer Second Class R.A. Arce; two-year term as Fresno County Farm Bureau Police Officer Second Class R.W. Minnick; Po- Thursday, March 27, 2003 president in 2002. lice Officer Second Class B.K. Oxendine; Sr. The House in Committee of the Whole Born on the East Coast, Paul was raised in First Sergeant J.B. Wheeler; Prince William House on the State of the Union had under San Diego, California, and became a farmer County Department of Fire & Rescue: Techni- consideration the bill (H.R. 1104) to prevent after marrying into a farming family. Mr. Betan- cian II Michelle Butler; Technician I Scott child abduction, and for other purposes: court earned a Bachelor of Arts degree in reli- Calder; Technician II Stephen Horvath; Tech- Mr. MOORE. Mr. Chairman, I rise in support gious studies from Westmont College, and a nician I Landon Timbers, Jr.; Virginia State of H.R. 1104, legislation that would improve second degree in agriculture business from Police: Trooper Darrel D. Estess; Senior our capacity to recover missing children with California State University, Fresno. He is a Trooper Mark C. Wilkinson; USMC: Corporal implementation of a national AMBER Alert graduate of Class XXV of the California Agri- Amber V. Kephart; Prince William County Of- program. culture Leadership Program. fice of the Sheriff: Deputy Sheriff Heath The safe recovery of 15-year-old Elizabeth The Fresno County Farm Bureau represents Stearns; OWL Volunteer Fire Department: Smart in Utah recently brought this important over 6,000 members, which includes over EMT Robert W. Warner. The service they pro- issue to national attention. I am well aware of 4,500 farmers and ranchers, on trade, land vide to the community is tremendous and is how important AMBER Alert systems can be use, water, labor, and all agricultural related deserving of such acclaim. to helping bring abducted children home safe- issues. Mr. Betancourt has held several posi- Mr. Speaker, in closing, I would like to take ly, which is why I am an original cosponsor of tions within Farm Bureau, including director-at- this opportunity to thank all the men and H.R. 412, the National AMBER Alert Network large, secretary-treasurer, and second and women who serve Prince William County. The Act included in this bill, and supported the leg- first vice presidents. Through his Farm Bureau events of September 11th, served as a re- islation introduced by Representatives MARTIN activities, Paul served on the board of direc- minder of the sacrifices our emergency service FROST and JENNIFER DUNN in the 107th Con- tors of the Fresno Chamber of Commerce, workers make for us every day. Their constant gress. and represented the Farm Bureau at many in- efforts on behalf of Prince William County citi- As Johnson County District Attorney for 12 dustry and community forums and events. zens are paramount to preserving security, years, I have seen child abduction cases that Paul currently serves on the Kerman Unified law, and order throughout our neighborhoods; ended with the most horrible result—the death School Board of Trustees and is involved in and their individual and collective acts of her- of a child. I helped bring AMBER Alert to Kan- the Fresno Area Collaborative Regional Initia- oism deserve our highest praise. I ask that my sas City in 1999 and the system so far has tive. In addition, he farms 765 acres of cotton colleagues join me in congratulating these out- contributed to the safe return of a 16-month- and almonds in the Kerman and Cantua Creek standing individuals.

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A31MR8.013 E31PT1 March 31, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E621 EXPRESSING SUPPORT AND AP- HONORING SENATOR CHARLES proach toward further reforming the way we PRECIATION FOR THE PRESI- POOCHIGIAN run our elections. DENT AND MEMBERS OF THE Last year, in passing the Help America Vote ARMED FORCES PARTICIPATING HON. DEVIN NUNES Act, Congress made the historic statement that the federal government does in fact play IN OPERATION IRAQI FREEDOM OF CALIFORNIA a role in establishing minimum standards in IN THE HOUSE OF REPRESENTATIVES federal elections. Today, as the fight to fund SPEECH OF Monday, March 31, 2003 the Help America Vote Act continues in the HON. DUNCAN HUNTER Mr. Speaker, I rise today in recognition of 108th Congress, it is also appropriate for Con- an extraordinary Californian, whom I have the gress to consider legislation that expands vot- OF CALIFORNIA privilege of Representing in Congress, Cali- ing opportunities for all Americans far beyond IN THE HOUSE OF REPRESENTATIVES fornia State Senator Charles S. Poochigian. I those of current law. am proud to have the opportunity to spend a Many states across the country have al- Thursday, March 20, 2003 few minutes of my time in the House to share ready taken steps to expand accessibility to with the people of the United States how won- the polls and encourage its citizens to vote. Mr. HUNTER. Mr. Speaker, based on the Now, riding the coattails of the Help America misleading and erroneous statement made by derful Chuck is and what a great asset he is to the people he serves. Vote Act, Congress must do the same. the gentleman from Maryland, Mr. HOYER, I To accomplish this important task, Mr. feel compelled to correct the record. In an ef- Chuck Poochigian is an outstanding public servant but more importantly, he is a wonder- Speaker, the VOTE Act takes aim at com- fort to suggest inconsistencies in my historical bating voter apathy through same day voter support and commendation of the troops, Mr. ful husband, father and member of his com- munity. Anywhere you go in Chuck’s home- registration, early voting, no excuse absentee HOYER stated that on December 13, 1995, I town, you will find adoring friends, supporters voting, improved registration by mail proce- voted against a resolution regarding Armed dures, the establishment of an Election Day Forces deployment to Bosnia that resolved, and, of course, the many members of his ex- tended family. He and his wife, Debbie, have holiday, and guaranteed leave on election day ‘‘That the House of Representatives unequivo- to allow employees to vote. Specifically, the cally supports the men and women of the worked to achieve a balanced life of faith, family and community service and are blessed legislation does the following: United States Armed Forces who are carrying The VOTE Act requires states to establish with three outstanding children, Mark, Kirk and out their mission in support of peace in Bosnia same-day voter registration procedures. Under Laura. and Herzegovina with professional excellence, the legislation, voters who have not previously Chuck has been a member of the California dedicated patriotism, and exemplary bravery.’’ registered to vote will be permitted to register State Senate for four years and had previously However, a simple examination of the record on election day at the appropriate polling loca- served in the California State Assembly. In ad- tells a different story. tion and vote in that election. To address con- dition, he spent time in the Administration’s of What the gentleman from Maryland failed to cerns over voter fraud that in the past so two California Governors. However, the more many of my colleagues have suggested oc- note, is that on December 13, 1995, the important measure of his outstanding service House considered two competing resolutions curs, voters are required to present proof of can be found in his commitment to the people residence and written confirmation pursuant to on the deployment of the United States Armed he represents and to his proud heritage as an Forces to Bosnia—House Resolution 302 the Help America Vote Act. Title I of the bill is Armenian American. linked to the enforcement provisions of the sponsored by Mr. BUYER and House Resolu- Chuck has managed to achieve the meri- Help America Vote Act to ensure states’ com- tion 306 sponsored by Mr. Hamilton. If the torious recognition of many prominent organi- Hamilton resolution had consisted of only the pliance. zations, ranging from the California State Further, the VOTE Act requires local elec- resolved clause, which my colleague quoted, I Sheriff’s Association to the California State tions supervisors to establish early voting poll- would have supported it. However, H. Res. Student’s Association. Throughout his career ing locations within the jurisdiction where reg- 306 was compiled mostly of whereas clauses in public service, Chuck Poochigian has tem- istered voters will be able to vote prior to elec- that justified the deployment of our Armed pered his political ambition with a strong belief tion day. Early voting must commence no less Forces to the former Yugoslavia. Had my col- in family, faith and an understanding of the than 22 days, or three weeks, prior to election league thoroughly researched this, he might founding principals of our democracy. Dem- day and shall be made available to voters dur- have noticed that, also on December 13, onstrating the high esteem to which he is held, ing normal business hours each weekday. Ad- 1995, I opposed this deployment by voting for The California Journal commended Chuck for ditionally, elections supervisors must make Mr. Dornan’s bill, H.R. 2770, which would his integrity, intelligence and problem solving early voting available to voters on no less than have prohibited federal funds from being used abilities rating him as ‘‘Rookie of the Year’’ two weekend days during the three weeks. for peacekeeping operations or any implemen- during his freshman term in office. Mr. Speak- The bill also prohibits states and local su- tation force in the Republic of Bosnia and er, these accolades could not have been be- pervisors from requiring voters to provide a Herzegovina. stowed on a more worthy public servant. reason for voting absentee. All too often, vot- I, instead, voted for the Buyer resolution, It is also fitting at this time to express how ers become discouraged from voting absen- which expressed dissatisfaction with the Presi- important Chuck has been to the cause of ad- tee, or just voting at all, because they are re- dent’s policy of deployment and his disregard vocating the special concerns of the Armenian quired to provide a reason. This is just plain of the action taken by the House on two sepa- Community in the California Legislature and I wrong. Voting should not be a test where ex- rate occasions to disallow the use of United wish to publicly commend him on his pending cuses are not permitted. On the contrary, ab- States Armed Forces for these purposes. receipt of the Armenian National Committee of sentee voting should be an option—and an Nonetheless, this resolution also declared that Central California’s Man of the Year Award, easy one to take advantage of at that. the House of Representatives, ‘‘. . . is con- which is to be presented on April 12th in Fres- The VOTE Act also amends the Help Amer- fident that the members of the United States no, California. ica Vote Act to require that election super- Armed Forces, in whom it has the greatest f visors provide voters with adequate time and pride and admiration, will perform their respon- opportunity to complete their mail-in voter reg- INTRODUCING THE VOTER OUT- sibilities with professional excellence, dedi- istration form. In instances where the state REACH AND TURNOUT EXPAN- cated patriotism, and exemplary cour- registration deadline has already passed, su- SION ACT OF 2003 age. . . .’’ pervisors are required to inform the voter of same-day voter registration opportunities that Incidentally, the Buyer resolution passed the exist. House by a vote of 287 to 141, with one vot- HON. ALCEE L. HASTINGS OF FLORIDA Further, my legislation requires that federal ing present. The resolution Mr. HOYER criti- IN THE HOUSE OF REPRESENTATIVES employees be given the day off on Election cized me for voting against, the Hamilton reso- Day and encourages states to make Election Monday, March 31, 2003 lution, failed by a vote of 190 to 237, also with Day a legal holiday and provide paid leave for one voting present. Mr. HASTINGS of Florida. Mr. Speaker, I state government employees. It is truly unfortunate that Mr. HOYER made rise today to introduce the Voter Outreach and Finally, the VOTE Act requires private com- such a misleading statement and questioned Turnout Expansion Act of 2003. The VOTE panies with 25 or more employees to allow my unfailing dedication to the young men and Act encompasses the best state voting prac- their staff to take up to 2 hours of paid or un- women of our Armed Forces. tices in the country and is a progressive ap- paid leave time to vote. Employees who live

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.017 E31PT1 E622 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2003 more than 25 miles away from their workplace Albany State has been blessed with out- The Congress established Women’s History are allowed to take up to three hours of leave. standing leadership. Dr. Joseph Winthrop Week in 1981 and expanded it to Women’s Enforcement of these provisions is tied into Holley was the first President, and he served History Month in 1987. In that short period the Family Medical Leave Act. By and large, in that capacity for 40 years. He was suc- Women’s History Month has become a time Americans who do not vote cite employment ceeded by Dr. Aaron Brown; Dr. William H. when men and women learn about the history as the top reason for not voting. The VOTE Dennis; Dr. Thomas Miller Jenkins; Dr. of more than half of our population, much of Act allows them to work and vote without the Charles L. Hayes, and Dr. Billy C. Black. Al- which is not recorded in standard history fear of losing their jobs in the process. bany State’s current president is among the books. The rediscovery of our ‘‘missing’’ his- My legislation, Mr. Speaker, is not the silver country’s leading educational figures, Dr. Por- tory has been a beneficent thing for America. bullet to improving our election system. How- tia Holmes Shields, whose sister is our own As for the status of women, this year we ever, it draws upon the best practices in the Eleanor Holmes Norton. note with satisfaction that women have made country in an effort to maximize voter turnout Mr. Speaker, I would like to place in the progress toward equality. At the same time, and participation in the democratic process. Record part of Albany State’s Centennial Res- we remain deeply concerned about how far Congress cannot and will not drive up partici- olution, which says: women need to go before they achieve what pation in elections without the progressive Whereas, Albany State University’s tradi- simple fairness and justice would demand: full minded approach that is embedded in the tion of excellence has been the result of dedi- equality. VOTE Act. cated service by faculty, staff, students and Mr. Speaker, just a few numbers to highlight If we do not make it easier for people to community; the current status of women: vote, then they just won’t. Congress must pro- Whereas, Albany State University is a pro- The median earnings of women age 15 and gressive institution fostering the growth and older who worked full time, year around, after vide voters with more opportunities to vote. If development of the region, state and nation it does not, then national turnout percentages adjustment for inflation, increased 3.5 percent through teaching, research, creative expres- in 2001, the fifth consecutive increase. will rarely exceed 50 percent, and we will sion and public service; never be able to call ourselves a true democ- Whereas, Albany State University em- Women in this group earn $0.76 for every dol- racy. braces the concept of ‘students first’ as a lar their male counterparts earn. This ratio rep- I urge my colleagues to support the VOTE core institutional value, promotes global resents an all-time high according to the cen- Act and call on the Leadership to bring it to learning, and is committed to educational sus bureau. the floor for its immediate consideration. excellence with special emphasis on the un- The gap between men and women with col- derserved while continuing to serve the edu- lege degrees has not closed completely, but f cational needs of an increasingly diverse stu- the percentages are close: 25 percent of HAPPY BIRTHDAY, ALBANY dent population; women age 25 and over now have a bach- STATE! Whereas, Albany State University cele- elor’s degree or higher compared with 29 per- brates throughout the year of our Lord two thousand and three the centennial theme, ‘‘A cent of men. For younger women, age 25 to HON. SANFORD D. BISHOP, JR. Glorious Past to Cherish, An Infinite Future 34, 33 percent hold a bachelor’s degree or OF GEORGIA to Fulfill’’; higher compared to 29 percent of their male IN THE HOUSE OF REPRESENTATIVES Whereas, Albany State University is recog- counterparts of the same age. Young women nized for its unwavering commitment to also have a higher high school completion rate Monday, March 31, 2003 graduating empowered leaders, building bet- than young men: 89 percent v. 85 percent. Mr. BISHOP of Georgia. Mr. Speaker, I rise ter communities and making the difference. The percentage of women who cast a ballot today to congratulate one of our country’s truly Now therefore be it resolved That April 4, in the last Presidential election was 61 percent great institutions of higher learning, Albany 2003 is recognized as Albany State University Day in the City of Albany in recognition of compared with 58 percent of men. Women State University—which this year is cele- the Centennial Founders Day celebration of have voted at higher rates then men in every brating its 100th birthday. Albany State University. Presidential election since 1984. Albany State, located in Albany, Georgia in There are now 10 million single mothers up Happy Birthday, Albany State! the heart of our state’s Second Congressional from 3 million in 1970. Overall about 26 per- District, opened its doors in 1903 as a pri- f cent of all parent-child situations consist of a vately funded institution as the Albany Bible PERSONAL EXPLANATION single mother and her own children up from and Manual Training Institute, serving young 12 percent in 1970. African American men and women in an area HON. HILDA L. SOLIS Women are far more likely than men to live where few educational opportunities were then in poverty, especially seniors. According to the OF CALIFORNIA available. census bureau 12 percent of women age 65 IN THE HOUSE OF REPRESENTATIVES Today, the university, now a part of the and older lived in poverty compared with 7 state system, serves an increasingly diverse Monday, March 31, 2003 percent of men. student body while continuing to fulfill its his- Ms. SOLIS. Mr. Speaker, during rollcall vote Nearly 16 percent of men age 15 and older toric mission in reaching out to our region’s No. 87 on H.R. 1104, Feeney of Florida who worked full time in 2001 earned $75,000 underserved populations. amendment, I was unavoidably detained. Had per year compared with 6 percent of women. Albany State’s first job is to provide an ex- I been present, I would have voted ‘‘no.’’ About 20 percent of men earned $50,000 to cellent education to its students, offering a f $75,000 compared to 12 percent of women. wide range of undergraduate and graduate de- Mr. Speaker, there are especially troubling grees and a variety of non-degree educational WOMEN’S HISTORY MONTH increases in the number of women who are in programs. prison and there remain significant disparities But Albany State also does much more. HON. DANNY K. DAVIS between men and women in health care and This highly committed, creative, vibrant edu- OF ILLINOIS other vital social indices. cational complex has made, and is making, a IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, women may not have had major contribution to the growth of the whole their history fully recorded, but they have al- community and region through its research, Monday, March 31, 2003 ways assumed their full share and more in the outreach and public service activities. Mr. DAVIS of Illinois. Mr. Speaker, the great building of our nation, in creating and pro- The history of Albany State is one of steady issues of war and peace have rightfully domi- tecting America’s families, in developing art, growth and success. nated the news and the focus of our attention culture and science, public policy, health care, In the early years, the school provided much as a people and as a legislative body during education and any other field one can name. needed teacher and vocational training. In the month of March. Nevertheless, other However, it has required constant struggle on 1917, the school became a two-year state- events must continue on. the part of women. supported college with a new name, the Geor- March, of course, is Women’s History Thus, women have always played an impor- gia Normal and Agricultural College, with pro- Month. It is not designated Women’s History tant part in shaping public opinion but it was grams in teaching and agriculture. In 1943, the Month because we may ignore the role and not until 1916 that Jeanette Rankin of Mon- growing institution again acquired a new history of women for the other eleven months tana became the first woman elected to the name, Albany State College. Over he ensuing of the year. Quite the opposite. We have des- U.S. House of Representatives and not until years, Albany State added more and more un- ignated March as Women’s History Month to 1992 that Carol Moseley Braun became the dergraduate and eventually graduate degrees, highlight, for on-going consideration, the sta- first African American woman elected to the and university status was granted in 1996. tus, condition and progress of women. U.S. Senate.

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.020 E31PT1 March 31, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E623 Anne Bradstreet became the first published Arline Schwartzman who is being honored by consideration the bill (H.R. 975) to amend American writer in 1650 and in 1993 Toni Mor- the Highland Park Conservative Temple and title 11 of the United States Code, and for rison became the First African American Center. I am proud to have Mrs. Schwartzman other purposes: woman to win the Nobel prize in literature. as one of my constituents and I commend her f Over the course of our history we have for the dedication and devotion she has exhib- BANKRUPTCY ABUSE PREVENTION seen an unending string of ‘‘firsts.’’ The first ited to her community over the past four dec- AND CONSUMER PROTECTION woman to receive her M.D. degree: Elizabeth ades. Blackwell—1849. The first female professional Mrs. Schwartzman’s passion for humani- ACT OF 2003 chemist: Ellen Swallow Richards—1873. First tarian, civic, and philanthropic undertakings American woman in Space: Sally Ride—1983. are a direct reflection of her character. Arline HON. BETTY McCOLLUM First woman U.S. Surgeon General; Antonia Schwartzman has been an active member of OF MINNESOTA Novello—1900. the Highland Park Temple for almost 40 years IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the history of American and her extraordinary record has been dis- Monday, March 31, 2003 women is an inexhaustible subject. No one played as she has shared her time, talent, and can reduce it to a single sound byte or a sin- expertise with tremendous commitment. Ms. MCCOLLUM. Mr. Chairman, I rise in op- gle notion. One thing is clear: the march to Born in Jersey City, Mrs. Schwartzman position to H.R. 975, a bill to modify our na- equality is irresistible and unrelenting. moved to Highland Park shortly after her mar- tion’s bankruptcy system. I support holding in- The Equal Rights Amendment was first riage to her late husband, Mr. Henry dividuals responsible for paying debts that drafted by Alice Paul in 1923. The message Schwartzman. Ever since then she has been they can reasonably afford. Our banks, credit was simple and clear: ‘‘Equality of rights under vibrantly active in the community. Upon joining unions and other responsible financial institu- the law shall not be denied or abridged by the Highland Park Temple, she and Henry be- tions should not have to foot the bill for indi- United States or by any State on account of came involved in temple events where she viduals who take advantage of the system to sex.’’ continues to be an energetic member of the avoid their debts. I support efforts to curb the The Congress did not pass, and send to the community by participating in programs, class- overwhelming number of bankruptcies filed states, the ERA until March 22, 1972. The es, and activities. each year, which strain our responsible finan- states failed to ratify. But our responsibility as Mrs. Schwartzman has also had an impact cial institutions and their ability to provide low- a people and as a legislative body remains. on communities outside of her Temple. Her cost services to consumers. Unfortunately, I Women demand and deserve equality in every strong commitment to the health care field is cannot support this very unbalanced legisla- sphere of life, beginning with the law. It is high evident by her 50 years of volunteer service at tion. time for us to recognize and ratify that most Robert Wood Johnson University Hospital. I have spoken with bankruptcy judges from just and basic demand. Presently she serves as Secretary of the Minnesota who share my concern that this bill f Board of Directors and has been a member of will be particularly harmful to working families. the Board since 1965. In that time, she was The bill before us today will make it harder for CHATARD WINS INDIANA STATE instrumental in the Hospital’s transformation custodial parents to collect child support. Fur- BOYS BASKETBALL CHAMPION- from a small community hospital to one of the ther, it does nothing to hold credit card com- SHIP nation’s leading academic health centers. Mrs. Schwartzman is also a life member of panies accountable for using risky business HON. JULIA CARSON Hadassah and Brandeis and an active mem- practices to extend thousands of dollars of OF INDIANA ber of the Jewish Federation of Greater Mid- credit to those individuals already deep in IN THE HOUSE OF REPRESENTATIVES dlesex County. She is also a member of the debt. Despite significant pressure from Demo- cratic members to implement meaningful dis- Monday, March 31, 2003 temple’s Board of Trustees, the Sisterhood closure requirements, this bill does not go Ms. CARSON of Indiana. Mr. Speaker, I rise Board, and is active on the Refurbishment Committee. Recently Arline presented the nearly far enough in requiring that credit card to congratulate Bishop Chatard High School, companies provide information that consumers Indianapolis, IN, on winning the Indiana State Temple with a beautiful Sefer Torah in mem- ory of her husband. need to practice good financial planning. Boys Basketball Championship (Class 3A). Supporters of this legislation claim that it Chatard’s Trojans triumphed over Fort Wayne Other honors that Mrs. Schwartzman has received in her tenure of community service puts children first by making child support Elmhurst by a score of 78–44. claims the number one priority when assets The Chatard Trojans won their first state include the Torch of Liberty Award of the Anti- are distributed in bankruptcy cases. But bank- basketball title ever on Saturday night to com- Defamation League, the National Volunteer ruptcy judges have told me that by forcing plete an outstanding season record of 22–2. Award of the Center for Volunteer Action, the Congratulations to Coach Dan Archer and Testimonial of Appreciation of the American debtors to pay off more of their credit card the Chatard Trojan players: John Loughery, Hospital Association, and the Community debt after bankruptcy, this bill will directly im- Jamaal Wade, Dray Mason, Marques Presley, Leader of Distinction Award of the Middlesex pair their ability to make child support pay- Ryan Baker, Mike Dury, Frank Halliburton, County Regional Chamber of Commerce. ments. It is wrong to make custodial parents Greg Cage, Dan Cage, Tony Barnes, Jimmy Arline Schwartzman is still a resident of and children who are owed support compete Scheidler, and Jonas Coleman. Highland Park, with her mother Beatrice. She with the lawyers of credit card companies with The Indiana State Boys Basketball Cham- has been blessed with a wonderful family: deep pockets for the debtor’s limited re- pionship was played at Conseco Fieldhouse in Paula and Larry Melz, Roberta and Jeffrey sources. Indianapolis, IN. Kirsch, Terri and Richard Beck, and Shelia This bill also fails to hold credit card compa- The Trojans competitive spirit and remark- and Richard Weber. She is also proud of her nies accountable for extending thousands of able sportsmanship contributed to an excellent 8 grandchildren: Stacy, Steven, Lauren, Dan- dollars in credit to college students using season for the team. I applaud their skilled iel, Julie, Jerry, David and Michael. questionable marketing tactics. College stu- teamwork and hope next year’s season will Mr. Speaker, I ask that my colleagues join dents and their parents tell me that students bring them another state final championship. me in honoring this extraordinary individual for find almost unlimited credit readily available. Again, an outstanding example of perfect her invaluable and enthusiastic commitment to Credit card companies are setting up shop on teamwork. her community. campus, offering easy credit with free gifts Congratulations to the Trojans! Job well f such as T-shirts, flashlights, pens or water done. You’ve made us proud! BANKRUPTCY ABUSE PREVENTION jugs. Students are offered ‘‘teaser’’ interest f AND CONSUMER PROTECTION rates of 5 to 7 percent, while failing to realize TRIBUTE TO MRS. ARLINE ACT OF 2003 that their rates can later hit 20 percent. As a SCHWARTZMAN result, 10 percent of all college students owe SPEECH OF $7,000 or more to credit card companies. Be- cause financial aid has failed to keep pace HON. FRANK PALLONE, JR. HON. BETTY McCOLLUM with inflation, these students also owe an av- OF NEW JERSEY OF MINNESOTA erage of $17,000 to the federal government IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES upon graduation. We must do more to help Monday, March 31, 2003 Wednesday, March 19, 2003 our students. Mr. PALLONE. Mr. Speaker, I would like to The House in Committee of the Whole We must do something to curb the number take this opportunity to congratulate Mrs. House on the State of the Union had under of personal bankruptcies that strain our banks,

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.024 E31PT1 E624 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2003 credit unions and responsible financial institu- IRS says that fraternity foundations may not facilities constructed. The results have en- tions. But we must not do so at the expense make student facility grants for the construc- hanced the outdoor experiences of visitors to of children receiving court-ordered child sup- tion or operation of sleeping quarters, dining Colorado’s public lands splendor. port and college students who are targeted by areas, laundry facilities, or dedicated social or Poll after poll shows that Americans believe lures of easy credit and already facing thou- recreational areas (such as physical fitness fa- that environmental protection and quality of life sands of dollars in student financial aid debt. cilities or equipment), or hallways or rooms are high priorities. And just as many people f used for both educational and other purposes. believe themselves to be ‘‘environmentalists.’’ Under the current IRS position, a charitable But too often, people lack a way to give prac- COLLEGIATE HOUSING AND organization could not make a grant to a sec- tical expression to these views. VOC provides INFRASTRUCTURE ACT OF 2003 tion 501(c)(7) collegiate housing organization that opportunity. (or to an affiliated section 501(c)(2) or (c)(7) Participating in VOC activities is fun, easy HON. PAUL RYAN organization) to provide fire safety upgrades and user-friendly. You don’t need to be an ex- OF WISCONSIN unless those upgrades were limited to areas pert, you don’t need to know how to drive a IN THE HOUSE OF REPRESENTATIVES that are solely for educational use. However, tractor or a backhoe. All you need is a passion for the beauty and health of our sur- Monday, March 31, 2003 fire safety upgrades will not provide necessary protection unless they are made throughout an roundings—urban, suburban, in the mountains Mr. RYAN of Wisconsin. Mr. Speaker, I am entire building. It has been estimated that just or on the plains—to participate. That, and a today introducing legislation, along with my the cost of installing sprinklers in fraternity and healthy willingness to get your hands and feet colleague Congressman BEN CARDIN, that sorority housing is over $300 million nation- dirty. would allow charitable and educational organi- wide. I am especially appreciative of VOC’s leg- zations to make grants to fraternities, sorori- There is no policy reason for distinguishing acy of active volunteerism because the values ties, and other collegiate organizations to pro- between the types of student facilities that it engenders are needed now more than ever. Since I was first elected to Congress, I have vide housing and student facilities to the same may be provided by a tax-exempt college and visited high schools throughout Colorado’s extent that tax-exempt colleges and univer- those that may be provided by another tax-ex- Second Congressional District. What I’ve sities may provide such facilities for students. empt charitable or educational organization to heard from the young people I’ve met on By way of background, taxpayers may gen- a collegiate organization for the benefit of indi- these visits has reinforced my conviction that erally deduct contributions to non-profit edu- viduals who are full-time college students. The we need to provide them with opportunities to cational organizations (i.e., educational organi- current IRS position, which we believe is an zations described in section 501(c)(3) of the develop self-respect and a sense of accom- incorrect interpretation of the law, puts colle- plishment—because those experiences can be Internal Revenue Code (‘‘Code’’)) such as col- giate organizations at a significant disadvan- leges or universities. These colleges and uni- antidotes to much of the anger and alienation tage in obtaining the funds necessary to pro- that can erupt into violence. versities may expend their funds (including do- vide or maintain housing and infrastructure, in- nated funds) on student facilities such as dor- Before entering public life, I headed the Col- cluding the funds necessary to provide fire orado Outward Bound school. It provides chal- mitories, dining halls, study areas, libraries, safety upgrades. computers, laundry facilities, physical fitness lenging adventures, such as rappelling down a I believe that clarifying that tax-exempt char- mountain, fording a rushing river and surviving facilities, and social or recreational areas with- itable or educational organizations may make out jeopardizing their tax-exempt status. alone in the wilderness. Outward Bound, not collegiate housing and infrastructure grants unlike Volunteers for Outdoor Colorado, aims State and private colleges and universities will encourage private sector contributions to do not, and cannot, provide all of the housing at teaching people to take care of themselves address student housing needs, thus relieving and then to work together. This allows each and related student facilities necessary for a burden that would otherwise fall on finan- their student bodies. Collegiate organizations individual to develop self-reliance and in turn cially strapped colleges and universities. Ac- enables each team to accomplish their collec- such as fraternities, sororities, and other stu- cordingly, this bill provides that charitable and tive goals. dent associations (e.g., Muslim Students As- educational organizations may make grants to I think these time-tested principles are very sociation, Fellowship of Christian Athletes, and collegiate housing organizations (including af- relevant to our search for ways to help our Hillel) fill a large part of the collegiate housing filiate organizations holding title to property) young people and our society. They aren’t gap. Fraternities and sororities alone provide for the construction or operation of collegiate new—ask any good coach, teacher or VOC housing for more than 250,000 students each housing and infrastructure facilities that are of project leader—but they do work. year. These student associations take on sig- the type tax-exempt colleges are permitted to Along those lines, I think we should try to nificant financial burdens in order to provide provide for their students, including, but not afford more young people the chance to con- student housing without cost to affiliated col- limited to, sleeping quarters, fire safety equip- front challenges, tap into personal reservoirs leges and universities. ment and upgrades, dining areas, social and of resourcefulness, and pull together as a Fraternities, sororities, and student associa- recreational areas, study areas, libraries, and group. And in the West as nowhere else we tions provide collegiate housing through tax- computers and related furniture and wiring. have a way to provide those experiences— exempt organizations, but their exemption I urge our colleagues to support this worthy outdoors, on the public lands. comes under Code section 501(c)(7), with the legislation. That’s why VOC and its projects benefit not result that direct contributions to these organi- f only our young people, but people of all ages zations are not deductible. However, edu- to get closer to the land and develop stronger cational organizations established to benefit HONORING THE 20TH ANNIVER- ties to their communities, their families and these fraternities, sororities, and other student SARY OF VOLUNTEERS FOR OUT- themselves. That’s also a major reason why I associations may qualify under Code section DOOR COLORADO am a strong supporter of VOC and also why 501(c)(3) to receive deductible contributions. I have introduced legislation in the Congress The current IRS position is that it will not HON. MARK UDALL to promote more volunteerism like the work of give a tax-exemption ruling to these edu- OF COLORADO VOC—especially on our public lands. cational organizations unless they limit student IN THE HOUSE OF REPRESENTATIVES In just a couple of weeks, we will be cele- facility grants to those that are solely for edu- brating Earth Day. VOC, and the work it does cational use (with exceptions for minor social Monday, March 31, 2003 every day, demonstrates the very principles or recreational use). According to this IRS po- Mr. UDALL of Colorado. Mr. Speaker, I rise that Earth Day was designed to celebrate and sition, a fraternity foundation, for example, today to commemorate the 20th anniversary of encourage. Earth Day gives us a chance to may make grants to a fraternity for the con- Volunteers for Outdoor Colorado, and to con- take stock of where we are and where we are struction (or for annual operating expenses) in gratulate VOC for its two decades of working going in our relationship with this planet. In a fraternity house of a library, study area, to enhance the beauty, accessibility and integ- this spirit and in recognizing the continuing computer area, or instructional area. The fra- rity of Colorado’s parks, greenways and public work of VOC and all it participants, I’d like to ternity foundation may also make grants, for lands. read something that was written by my uncle, computers, computer desks, and chairs, if The work of VOC and its countless volun- Stewart Udall. similar to what is provided by the specific col- teers has benefited the entire state. Through As many of you know, Stewart was Sec- lege with which the fraternity is associated, countless thousands of hours of strenuous yet retary of the Interior under Presidents Ken- and for internet wiring, if the specific college rewarding work, trails have been repaired, nedy and Johnson. His book, the Quiet Crisis, also provides internet wiring. However, the wheelchair ramps installed, trees planted and was considered by many to be a precursor to

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.027 E31PT1 March 31, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E625 the environmental beliefs that lead to the cre- Indianapolis, IN. This is the third title the Red Recently, she was elected to the vestry, which ation of the first Earth Day over 30 years ago. Devils have won in the past six years. is the governing body of the church. His book, like the work of VOC, opened the It has been an outstanding year for the Red Through her tireless efforts Helen Scott has eyes of many as to what we are doing to the Devils whose hardwork and dedication has led fostered a sense of community in her area environment that sustains and enriches our the team to a victorious season. Although the and strived to help those less fortunate than lives. One passage that I think applies to the Red Devils were runner’s up during last years herself. Mrs. Scott, like Sojourner Truth, is an values of VOC reads: State Finals, their perseverance and desire to extraordinary individual who is dedicated to Each generation has its own rendezvous win has allowed them ultimate success in enriching the lives of those around her. On with the land, for despite our fee titles and 2003. this day I would like to ask my colleagues to claims of ownership, we are all brief tenants Again, an outstanding example of perfect join me in honoring the distinguished Helen on this planet. By choice, or by default, we teamwork. Wise Scott. will carve out a land legacy for our heirs. We Congratulations to the Red Devils! Job well f can misuse the land and diminish the useful- done. You’ve made us proud! ness of resources, or we can create a world in COMMENDING MR. DON NOVEY which physical affluence and affluence of the f spirit go hand in hand. IN RECOGNITION OF MRS. HELEN HON. JOHN T. DOOLITTLE These words reflect the ethic that VOC in- WISE SCOTT vokes everyday—and I can think of no better OF CALIFORNIA way to mark its 20th anniversary. I wish VOC IN THE HOUSE OF REPRESENTATIVES continued success for the next 20 years and HON. FRANK PALLONE, JR. Monday, March 31, 2003 beyond. OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Mr. DOOLITTLE. Mr. Speaker, today I wish f to commend and thank Mr. Don Novey who Monday, March 31, 2003 CONGRATULATIONS WOODBURY recently retired as president of the California ROYALS’ GIRLS BASKETBALL Mr. PALLONE. Mr. Speaker, I would like to Correctional Peace Officers Association TEAM call the attention of my colleagues to a friend (CCPOA) for his many years of dedication to of the Sixth District of New Jersey. Mrs. Helen improving public safety in the State of Cali- Wise Scott, is an outstanding individual, who fornia. HON. MARK R. KENNEDY is being honored by the National Association A sixth-generation Californian born in Sac- OF MINNESOTA of Negro & Professional Women’s Club of ramento, Don Novey earned an Associate of IN THE HOUSE OF REPRESENTATIVES Central New Jersey for her unselfish service Arts degree from American River College. Monday, March 31, 2003 to others and community involvement. After concluding counterintelligence service Mr. KENNEDY of Minnesota. Mr. Speaker, I Mrs. Scott is this year’s Recipient of the So- with the U.S. Army in 1971, Don followed in rise today to congratulate the Woodbury journer Truth Award, which is presented annu- his father’s footsteps by becoming a correc- Royals’ Girls Basketball team on their Class ally to an individual whose life is devoted to tional officer at Folsom State Prison. This de- 4A Minnesota State High School Girl’s Basket- community enrichment, active involvement to cision was one that not only shaped his own ball championship. The Royals finished a per- improve social and economic conditions, and future, but eventually resulted in dramatic fect 29–0 with their 61–42 victory over the a strong courageous character. Mrs. Helen changes for the entire profession in California. Eastview Lightning, in a game that showcased Scott’s life truly parallels the life of Sojourner Although he was promoted to sergeant in the number 1 and number 2 ranked teams in Truth, as evidenced by her commitment to 1977 and became a lieutenant in 1984, Don’s the State. This is the first State girls basketball helping those less fortunate. most significant professional advancement title for the Royals in their 10th trip to the tour- Helen Scott is the youngest daughter of the took place within the leadership ranks of nament. Coached by Dave Preller, the Royals late Louis and Annabelle Wise of Cape May, CCPOA. capitalized on their scoring opportunities, sink- N.J. Helen Scott’s commitment to education Because of his discouragement over the ing 25 of 29 free throws. Woodbury placed was evident early on. She graduated from generally negative perception and portrayal of four players on the all tournament team: Soph- Cape May High School and went on to receive ‘‘prison guards’’ at the time, Don ran to be- omore Amanda Nisleit, junior Katie Tacheny her bachelor’s degree from Combs College of come the union’s statewide vice president in and seniors Lacy Gram and Katie Kirley. Mr. Music in Philadelphia. Later she attended 1979. Although unsuccessful in that bid, he Speaker, I congratulate the fine students and Momnouth University where she was awarded was elected to the state presidency in 1980, coaches from Woodbury High School on their a Master’s in Education. Afterwards, Mrs. thus beginning a 22-year tenure at the organi- championship season. I know the citizens of Scott felt the need to share her joy of learning zation’s helm. During that time, he trans- Woodbury and all of Minnesota are proud of with those around her and accepted a position formed the CCPOA from a union with little po- their accomplishment. with the Asbury Park School District to teach litical clout to one that today is arguably the music. She was the first African American most powerful and influential organization in- f music teacher to be hired in the district. It was volved in state government policymaking. PIKE WINS INDIANA STATE BOYS there that she presented numerous musicals Under his leadership, the level of public re- BASKETBALL CHAMPIONSHIP and choral programs, exposing many African spect for correctional officers increased sub- American youths to music and the theatre. stantially. At the same time, he succeeded in HON. JULIA CARSON As a child advocate Mrs. Scott has been ac- winning broad support from state leaders to OF INDIANA tively involved with many organizations and improve training, safety, compensation, and boards that are concerned with the education IN THE HOUSE OF REPRESENTATIVES working conditions for his colleagues. and welfare of children. She has served on While helping his association’s membership, Monday, March 31, 2003 the Board of Monmouth Day Care Center for Don was equally responsible for helping to Ms. CARSON of Indiana. Mr. Speaker, I rise over three decades and is presently on its Ad- shape a wide array of policies dealing with to congratulate Pike High School, Indianapolis, visory Board. Mrs. Scott was a member of the public safety that have greatly benefited the IN, on winning the Indiana State Boys Basket- Community Coordinated Child Care Com- people of California. Due in part to his efforts, ball Championship (Class 4A). Pike’s Red mittee of Monmouth County for several years. the state strengthened its penalties for criminal Devils defeated the DeKalb Barons 65–52, to Most recently, she was appointed to serve on behavior, especially violent crime. Don and his claim the championship and end the season the Presidential Roundtable by President colleagues encouraged the California State with a perfect record of 29–0. George W. Bush. Legislature and the governor to enact no-non- Congratulations to Coach Larry Bullington Mrs. Scott’s other community service activi- sense laws to address criminal recidivism, and the Pike Red Devils players: David Bar- ties have been wide and varied even though namely the ‘‘Three Strikes, You’re Out’’ law. low, Dominic Collins, Michael Russell, Adrian she is a child advocate at heart. You may see It is important to note that Don’s firm sense Rosales, Torrian Bluitt, Robert Vaden, Darren her, along with her daughter, delivering bagels of justice is matched by his deep compassion Yates, Courtney Lee, Devin Thomas, Michael to the homeless shelter in Fort Monmouth or for those who suffer injustice. In 1992, he McCoy, Sydney McDaniel, Keith Davney, Jus- to the Mercy Center in Asbury Park. Mrs. helped establish the Crime Victims United of tin Cage, and Parnell Smith. Scott is also a longtime member of St. California; an organization which has aided The Indiana State Boys Basketball Cham- Augustine’s Episcopal Church in Asbury Park those victimized by criminal behavior and their pionship was played at Conseco Fieldhouse in where she formally served as choir director. families. The group has elevated their plight in

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.031 E31PT1 E626 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2003 the consciousness of elected officials and the members into the National Farm Workers Civilian Conservation Corps, citing the need general public, which has led to greater re- Union, NFWA, later changed to the United for an organization that would provide jobs for spect and protection for crime victims. Farm Workers, UFW. Through Ce´sar’s leader- hundreds of thousands of unemployed young Don has also served in a number of other ship, the UFW gained the national support of men aged 18 to 25. President Roosevelt de- important capacities. He has been a member unions, church groups, students, minorities, clared that the Civilian Conservation Corps of the International Narcotics Law Enforce- and consumers. would ‘‘conserve our precious natural re- ment Association, the National Intelligence Ce´sar’s commitment brought dignity and re- sources and pay dividends to the present and Board, Governor George Deukmejian’s Blue spect to the farm workers who organized future generations. More important, we can Ribbon Commission on Public Safety, the themselves and became an inspiration and a take a vast army of the unemployed out into California Industrial Welfare Commission, the resource to other Americans and people en- healthful surroundings.’’ The Civilian Con- California Athletics Commission, and the gaged in human rights struggles throughout servation Corps’ intention was not only to pro- board of the Kevin Collins Foundation, which the world. His fast in 1968 for 25 days prompt- vide services to the United States but also to works to locate missing and abducted chil- ed the late Senator Robert F. Kennedy to call give the unemployed an opportunity to live in dren. him ‘‘one of the most heroic figures of our healthful surroundings with steady pay, room, Don’s own children and grandchildren are a time’’. board, and clothing. high priority in his life. He and his wife, Carol, From 1965 through the 1980s, Ce´sar led During the nine years the Civilian Conserva- are the proud parents of Donald, Brandy, and numerous strikes, boycotts, and protests—not tion Corps was in operation, more than 3 mil- Shanon. They also enjoy spending time with only to increase wage earnings at the time, lion men were involved in the program nation- their five grandchildren. In short, his life so far but also to increase public awareness to the ally, working on projects like dam improve- has been one of hard work and achievement, plight of the migrant workers. During the ment, tree planting, laying telephone lines, and patriotism and service, family and friendship. 1980s, the number of farm workers working creating trails. Almost 55,000 men served on The people of California and the United States under UFW contacts rose tremendously, al- projects throughout New Mexico. More than are better off for his efforts. lowing them to enjoy higher pay, family health 32,000 of them were residents of New Mexico. Now as he enjoys retirement from his career coverage, pension benefits and other contract By July 1, 1933, a quarter of a million enroll- in corrections, I thank him for his service, sup- protections. ees had enlisted in the Civilian Conservation port, and friendship. As a friend and fellow Ce´sar E. Cha´vez worked until his death on Corps, making it the fastest large-scale mobili- resident of my hometown of Rocklin, I wish April 23, 1993, defending the rights of farm zation of men in U.S. history. The enrollees him well in his future endeavors. I have no workers to the end. Even now, his spirit and enlisted for six months with the option to re- doubt that we have not heard the last from legacy continue to be studied and rewarded. enroll for another six months or a maximum of Don Novey. On August 8, 1994, Cha´vez became only two years. They worked forty-hour weeks and the second Mexican-American to receive the f received thirty dollars a month. Each month, Presidential Medal of Freedom, the highest ci- ´ ´ they required the men to send twenty-five dol- HONORING CESAR E. CHAVEZ vilian honor in the United States. Also, in that lars to their families to help them through the HON. LINDA T. SA´ NCHEZ same year, his family and officers of the UFW difficulties of the Depression. The Civilian created the Ce´sar E. Cha´vez Foundation to in- CALIFORNIA Conservation Corps provided members with spire current and future generations by pro- IN THE HOUSE OF REPRESENTATIVES the opportunity to learn a new skill and al- moting the ideals of Ce´sar’s life, work, and vi- lowed them to attend classes to further their Monday, March 31, 2003 sion. education. More than 100,000 men were Ms. LINDA T. SA´ NCHEZ of California. Mr. The State of California honored his life and taught to read and write with the aid of the Ci- Speaker, the history of the United States is work in 2000 by proclaiming March 31 as vilian Conservation Corps’s education classes. filled with heroes who, through personal sac- Ce´sar E. Cha´vez Day. California dedicates the The accomplishments the Civilian Conserva- rifice and a strong commitment to their cause, remainder of the week to paying tribute to the tion Corps achieved in its nine-year existence have left their mark on society. Today, I am great union leader by teaching elementary and are impressive. Historical areas in Jamestown, proud to honor the life and accomplishments secondary school children about his work. I Williamsburg, Yorktown, Fredericksburg and of California’s own, the late, talented union or- am also honored to announce that I am an Spotsylvania were restored and developed by ganizer, Ce´sar E. Cha´vez. original cosponsor of House Resolution 112, the Corps members. At the program’s peak, Born on March 31, 1927 to a farming family which will establish a national legal public holi- there were over 500 Civilian Conservation in Yuma, AZ, Ce´sar learned early that life is day in honor of the great social justice leader. Corps camps in national, state, and local filled with challenges. He was ten years old Today, Ce´sar E. Cha´vez would have cele- parks. Civilian Conservation Corps workers when his family lost their farm during the De- brated his 76th birthday. I am proud to cele- cleared trails, built buildings and shelters, pression. By 1938, the Cha´vez family joined brate his life and work. May his spirit and fought forest fires, planted trees, and made thousands of others following the crops dedication continue to be an inspiration to other improvements to parks in all the states, throughout the Southwest, eventually making it those engaged in human rights struggles territories, and possessions. The three million to California. It was during this period that throughout the world. men planted a total of 2.3 billion trees, spent Ce´sar began to realize that he and the other f 6.4 million days fighting forest fires and eradi- migrant workers not only lived in deplorable CELEBRATING THE 70TH ANNIVER- cated diseases and pests. These accomplish- conditions but also were treated as second- SARY OF THE CIVILIAN CON- ments contributed to the Civilian Conservation class citizens. SERVATION CORP Corps’ lasting environmental legacy. Today, After his tour of duty in the U.S. Navy at the agencies such as Americorps, the Park Serv- end of World War II, Ce´sar returned to Cali- HON. TOM UDALL ice, the Bureau of Reclamation, the Forest fornia with his wife Helena to continue farm- Service and the Natural Resources Conserva- OF NEW MEXICO ing. In 1952, he met Fred Ross, an organizer IN THE HOUSE OF REPRESENTATIVES tion Service are continuing the tradition of the for the Community Service Organization Civilian Conservation Corps by instilling a (CSO). Ce´sar flourished as an active member Monday, March 31, 2003 sense of value for our natural environment as of this organization, conducting voter registra- Mr. UDALL of New Mexico. Mr. Speaker, I well as for national service. tion drives, battling racial and economic dis- rise to recognize the seventieth anniversary of Because of its major presence in New Mex- crimination, and organizing new CSO chapters the Civilian Conservation Corps, and to pay ico, the Civilian Conservation Corps worked across California and Arizona. During the late tribute to the commendable service its mem- on several projects throughout the state, in- 1950s and early 1960s, Ce´sar became the na- bers offered our nation. Created by President cluding Rattlesnake Springs and Bandelier Na- tional director of CSO. But no matter how hard Franklin Roosevelt on March 31, 1933, the Ci- tional Monument, aimed at benefiting both its he worked, he continued to have trouble per- vilian Conservation Corps had a profound im- members and residents of New Mexico. The suading workers to fight for their rights be- pact on this nation, helping to sustain the men of the Civilian Conservation Corps also cause they were afraid of losing their Jobs. United States through the depths of the De- developed Hyde, Elephant Butte, Conchas, In order to fulfill his desire to create a union pression, and setting a precedent for other Bottomless Lake, and Santa Fe River Parks, for farm workers, Ce´sar left his position with federal agencies to carry on the diverse mis- among others. the CSO in 1962. He traveled from camp to sions of the Civilian Conservation Corps. Communities across the country benefited camp recruiting workers. With the assistance Within days after his presidential inaugura- from the hard toil of the Civilian Conservation of his family, he managed to organize 300 tion, Franklin Roosevelt initiated plans for the Corps. The camps helped local economies,

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.035 E31PT1 March 31, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E627 bringing large numbers of consumers to the Mr. Williams will now expand his work in the Counsel (OSC). This office is primarily towns’ stores and industries. More importantly, continuum of care for Baltimore’s homeless charged with protecting civil servants from pro- they aided the communities in times of crisis, and addicted by joining Jobs, Housing and hibited personnel practices, especially reprisal searching for missing persons, fighting fires, Recovery, Inc., where he will develop sup- for whistleblowing activities. The OSC also in- and offering assistance to residents during portive housing facilities and vocational serv- vestigates and prosecutes, when appropriate, snow and ice storms. ices as the next step to recovery for Baltimore violations of the Hatch Act. Today, the legacy of the Civilian Conserva- residents transitioning out of homelessness. Unfortunately, recent activities of the OSC tion Corps lives on in the New Mexico Youth Mr. Williams received a bachelor’s degree have raised questions about the Office’s inter- Conservation Corps Act, which was adopted from Wheeling Jesuit University and a Juris pretation of their prerogatives under the Hatch by the state Legislature in 1992. YCC provides Doctor from the University of Baltimore School Act. Specifically, the OSC is attempting to employment for young people in projects that of Law. Mr. Williams also served as a VISTA’ prosecute an individual who is no longer an conserve the state’s natural resources. The volunteer in Texas, where he provided legal employee of the Federal government for an al- YCC provides a $1,000 tuition voucher as ad- aid services to the rural poor. leged Hatch Act violation. This action is clearly ditional compensation for those who serve. I commend and thank Timothy Williams for outside of the authority Congress granted The voucher may be used at any institution of his outstanding contributions to Baltimore and under the 1993 Amendments to the Hatch Act higher education in the state of New Mexico. its citizens, and I wish him continued success since the only penalties are suspension or ter- Besides offering the members an oppor- in all future endeavors. mination. tunity to work, the Civilian Conservation Corps f provided long-lasting friendships and ties that The bill accomplishes two goals. CLARIFYING THE ENFORCEMENT have endured over the seventy years since First, it clarifies that a Federal employee PROVISIONS OF THE HATCH ACT the Corps’ inception. This sense of loyalty and who voluntarily separates from the civil service pride extended to an unquestionable sense of may not be penalized under the provisions of pride for our country that is almost unparal- HON. TOM DAVIS the Hatch Act. The bill also states that if that leled. The work of the Civilian Conservation OF VIRGINIA person rejoins the federal service the OSC Corps remains as a monument to the young IN THE HOUSE OF REPRESENTATIVES may reopen that investigation should they so men who dedicated their lives to mending and Monday, March 31, 2003 choose. preserving our natural resources. These men have earned the respect and honor of our na- Mr. TOM DAVIS of Virginia. Mr. Speaker, I Second, this bill strikes two regulations pro- tion. I offer my heartfelt thanks to the mem- rise today to introduce a bill on behalf of my- mulgated by the OSC as routine use excep- bers of the Civilian Conservation Corps and self as chairman of the Committee on Govern- tions to the Privacy Act. These two exceptions congratulations on their seventieth anniver- ment Reform and Representative FRANK allow the OSC to release private information sary. WOLF. This legislation will clarify the intent of for almost any reason as long as the records Congress regarding the enforcement of the are used to defend the Office of the Special f Hatch Act. Counsel. The Privacy Act describes a routine RECOGNIZING THE CONTRIBU- The Hatch Act is a critical component of the use under 5 U.S.C. § 552a (7) as ‘‘the use of TIONS OF TIMOTHY T. WILLIAMS system of laws designed to maintain the such record for a purpose which is compatible public’s confidence in the professionalism of with the purpose with which it is collected.’’ HON. BENJAMIN L. CARDIN our nation’s civil servants. The Act proscribes Since the OSC does not collect and develop its investigation files for the purpose of de- OF MARYLAND the types of political activity covered civil serv- fending its reputation, these regulations are IN THE HOUSE OF REPRESENTATIVES ants may engage in. The Act is intended to protect civil servants from political coercion by clearly inappropriate. Monday, March 31, 2003 politically appointed supervisors. It is also in- 54,000 federal employees live in my district. Mr. CARDIN. Mr. Speaker, I rise today to tended to assure the impartial administration These women and men provide much of the recognize the contributions of Timothy T. Wil- of Federal laws. talent and energy that makes the local com- liams, a resident of my district who has Since 1993 the general posture of the Hatch munity work. In 1993, Congress amended the worked tirelessly for Baltimore’s homeless citi- Act has been permissive, allowing civil serv- Hatch Act to create a very simple standard for zens. ants wide latitude to be involved in non-par- behavior with very limited proscriptions for po- For the past 12 years, Mr. Williams has tisan political activities in their communities. litical behavior. The hope was to create an en- demonstrated outstanding service as Execu- Federal employees are restricted from using vironment where these citizens would feel free tive Director of the South Baltimore Homeless their official authority to interfere in an elec- to fully express themselves in the non-partisan Shelter, where he led the development of a tion, and from soliciting or receiving political political arena. therapeutic community for homeless men with campaign contributions as well as several substance abuse problems, and skillfully man- other activities relating to the use of their pub- The zealous prosecution by the OSC is be- aged comprehensive emergency services for lic authority for partisan effect. Covered em- ginning to erode this framework of limited pro- homeless women and children. He has de- ployees also may not run for elective office in scriptions. At a time when fewer and fewer signed a community recovery model, through most partisan elections. The Act states that people bother to participate in local govern- which graduates of the South Baltimore transi- the penalty for violating the Act is a 30-day ment the Congress should re-affirm its com- tional shelter services provide counseling to suspension without pay or, for egregious viola- mitment to local communities and to its own homeless residents at South Baltimore Station tions, termination from the civil service. employees by reinforcing the limited, permis- and affiliated agencies, such as Carrington The Hatch Act is investigated and pros- sive character of the Hatch Act. House. ecuted by the United States Office of Special

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A31MR8.040 E31PT1 E628 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2003 SENATE COMMITTEE MEETINGS to establish an information clearing- Foley, of New York, to be Ambassador Title IV of Senate Resolution 4, house that provides information to in- to the Republic of Haiti, and Roland W. crease public access to defibrillation in Bullen, of Virginia, to be Ambassador agreed to by the Senate on February 4, schools, proposed legislation entitled to the Co-operative Republic of Guy- 1977, calls for establishment of a sys- ‘‘Genetics Information Nondiscrimina- ana. tem for a computerized schedule of all tion Act of 2003’’, ‘‘Smallpox Emer- SD–419 meetings and hearings of Senate com- gency Personnel Protection Act of Appropriations mittees, subcommittees, joint commit- 2003’’, ‘‘The Improved Vaccine Afford- VA, HUD, and Independent Agencies Sub- tees, and committees of conference. ability and Availability Act’’, ‘‘Caring committee This title requires all such committees for Children Act of 2003’’, and pending To hold hearings to examine proposed to notify the Office of the Senate Daily nominations. budget estimates for fiscal year 2004 for SD–430 the National Science Foundation and Digest—designated by the Rules com- the Office of Science Technology Pol- mittee—of the time, place, and purpose Indian Affairs To hold hearings to examine S. 556, to icy. of the meetings, when scheduled, and amend the Indian Health Care Improve- SD–138 any cancellations or changes in the ment Act to revise and extend that 2 p.m. meetings as they occur. Act. Appropriations As an additional procedure along SR–485 Foreign Operations Subcommittee with the computerization of this infor- Armed Services To hold hearings to examine proposed mation, the Office of the Senate Daily Strategic Forces Subcommittee budget estimates for fiscal year 2004 for Digest will prepare this information for To hold hearings to examine proposed the Department of State. printing in the Extensions of Remarks legislation authorizing funds for fiscal SD–192 year 2004 for the Department of De- 2:30 p.m. section of the CONGRESSIONAL RECORD Armed Services on Monday and Wednesday of each fense, focusing on the Department of Energy Office of Environmental Man- Airland Subcommittee week. agement and Office of Legacy Manage- To hold hearings to examine Navy, Ma- Meetings scheduled for Tuesday, ment. rine Corps, and Air Force aviation and April 1, 2003 may be found in the Daily SR–222 air-launched weapons programs in re- Digest of today’s RECORD. 10:30 a.m. view of the Defense Authorization re- quest for fiscal year 2004 and the Fu- MEETINGS SCHEDULED Appropriations Transportation Subcommittee ture Years Defense Program. To hold hearings to examine aviation’s SR–232A APRIL 2 safety and security issues, and finan- Foreign Relations 9:30 a.m. cial challenges facing the aviation in- To resume hearings to examine NATO Environment and Public Works dustry. enlargement, focusing on qualifica- To hold oversight hearings to examine SD–124 tions and contributions. issues relating to military encroach- 2:30 p.m. SD–419 ment. Commerce, Science, and Transportation SD–406 Science, Technology, and Space Sub- APRIL 7 Foreign Relations committee 1:30 p.m. To resume hearings to examine foreign To hold hearings to examine NASA Appropriations assistance oversight. maned space flight. Energy and Water Development Sub- SD–419 SR–254 committee 10 a.m. Commission on Security and Cooperation To hold hearings to examine proposed Appropriations in Europe budget estimates for fiscal year 2004 for Defense Subcommittee To hold hearings to examine arming the Department Energy’s Office of En- To hold hearings to examine an overview rogue regimes, focusing on the role of vironmental Management and Office of of the fiscal year 2004 Navy Budget. OSCE participating states. Civilian Radioactive Waste Manage- SD–192 334 Cannon Building ment. Appropriations SD–124 District of Columbia Subcommittee APRIL 3 To hold hearings to examine the status APRIL 8 of foster care in the District of Colum- 9:15 a.m. bia. Finance 9:30 a.m. SD–138 To hold hearings to examine health care Governmental Affairs Finance services. Oversight of Government Management, the Business meeting to consider original SD–215 Federal Workforce, and the District of legislation entitled ‘‘Energy Tax Incen- 9:30 a.m. Columbia Subcommittee tives Act of 2003’’, ‘‘Clean Diamond Judiciary To hold joint hearings with the House Trade Act’’, and ‘‘Tax Court Mod- Business meeting to consider pending Subcommittee on Civil Service and ernization Act’’, the nominations of calendar business. Agency Organization to examine the Mark W. Everson, of Texas, to be Com- SD–226 federal government’s strategic human missioner of Internal Revenue, Diane 10 a.m. capital management and consider L. Kroupa, of Minnesota, Harry A. Agriculture, Nutrition, and Forestry pending legislation on the federal Haines, of Montana, Robert Allen To hold hearings to examine proposed workforce. Wherry, Jr., of Colorado, and Joseph legislation authorizing funds for child SD–342 Robert Goeke, of Illinois, each to be a nutrition programs. Rules and Administration Judge of the United States Tax Court, SR–328A To hold oversight hearings to examine and Raymond T. Wagner, Jr., of Mis- Banking, Housing, and Urban Affairs the operations of the Sergeant at souri, to be a Member of the Internal To hold oversight hearings to examine Arms, the Library of Congress and the Revenue Service Oversight Board for the Federal Reserve Board proposal on Congressional Research Service. the remainder of the term expiring check truncation; to be followed by a SR–301 September 14, 2004. business meeting to consider the nomi- 10 a.m. SD–215 nations of Thomas Waters Grant, of Energy and Natural Resources Governmental Affairs New York, Noe Hinojosa, Jr., of Texas, Business meeting to consider comprehen- To hold hearings to examine the nomina- Thomas Waters Grant, of New York, sive energy legislation. tions of Clay Johnson III, of Texas, to and William Robert Timken, Jr., of SD–366 be Deputy Director for Management, Ohio, each to be a Director of the Secu- Health, Education, Labor, and Pensions Office of Management and Budget, Al- rities Investor Protection Corporation, To hold hearings to examine the Mam- bert Casey, of Texas, to be a Governor and Alfred Plamann, of California, to mography Quality Standards Act. of the United States Postal Service, be a Member of the Board of Directors SD–430 and James C. Miller III, of Virginia, to of the National Consumer Cooperative 2:30 p.m. be a Governor of the United States Bank. Foreign Relations Postal Service. SD–538 International Economic Policy, Export and SD–342 Foreign Relations Trade Promotion Subcommittee Health, Education, Labor, and Pensions To hold hearings to examine the nomina- To hold hearings to examine global en- Business meeting to consider S. 231, to tions of Lino Gutierrez, of Florida, to ergy security issues. authorize the use of certain grant funds be Ambassador to Argentina, James B. SD–419

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M31MR8.000 E31PT1 March 31, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E629 APRIL 9 APRIL 10 MAY 1 10 a.m. 9 a.m. 10 a.m. Energy and Natural Resources Health, Education, Labor, and Pensions Energy and Natural Resources Business meeting to consider comprehen- To hold hearings to examine the teach- Business meeting to consider comprehen- sive energy legislation. ing of American history and civics in sive energy legislation. SD–366 the classroom. SD–366 Health, Education, Labor, and Pensions SD–430 Appropriations Business meeting to consider pending 9:30 a.m. Legislative Branch Subcommittee calendar business. Governmental Affairs To hold hearings to examine proposed SD–430 2:30 p.m. To hold hearings to examine the nomina- budget estimates for fiscal year 2004 for Armed Services tion of Peter Eide, of Maryland, to be the U.S. Capitol Police Board and the Readiness and Management Support Sub- General Counsel of the Federal Labor Sergeant-at-Arms. committee Relations Authority. SD–124 To hold hearings to examine proposed SD–342 legislation authorizing funds fiscal 10 a.m. MAY 8 year 2004 for the Department of De- Banking, Housing, and Urban Affairs 1:30 p.m. fense, focusing on the readiness of the To hold hearings to examine recent de- Appropriations military services to conduct current velopments in Hedge Funds. Legislative Branch Subcommittee operations and execute contingency SD–538 To hold hearings to examine proposed plans. Energy and Natural Resources budget estimate for the Secretary of SR–222 Business meeting to consider comprehen- the Senate and the Architect of the 3:30 p.m. sive energy legislation. Capitol. Foreign Relations SD–366 To hold hearings to examine the nomina- SD–124 1:30 p.m. tions of Joseph LeBaron, of Oregon, to Appropriations be Ambassador to the Islamic Republic Legislative Branch Subcommittee of Mauritania, Gregory W. Engle, of CANCELLATIONS Colorado, to be Ambassador to the To- To hold hearings to examine proposed golese Republic, Wayne E. Neill, of Ne- budget estimates for fiscal year 2004 for APRIL 2 vada, to be Ambassador to the Republic the Library of Congress and the Open of Benin, and Helen R. Meagher La World Leadership Center. 10 a.m. Lime, of Florida, to be Ambassador to SD–116 Energy and Natural Resources the Republic of Mozambique. Business meeting to consider comprehen- SD–419 APRIL 29 sive energy legislation. 4:30 p.m. 10 a.m. SD–366 Foreign Relations Energy and Natural Resources To hold hearings to examine the nomina- Business meeting to consider comprehen- APRIL 3 tions of Reno L. Harnish, of California, sive energy legislation. 10 a.m. to be Ambassador to the Republic of SD–366 Energy and Natural Resources Azerbaijan, Heather M. Hodges, of Ohio, to be Ambassador to the Republic Business meeting to consider comprehen- of Moldova, Eric S. Edelman, of Vir- APRIL 30 sive energy legislation. ginia, to be Ambassador to the Repub- 10 a.m. SD–366 lic of Turkey, and Ralph Frank, of Energy and Natural Resources Washington, to be Ambassador to the Business meeting to consider comprehen- Republic of Croatia. sive energy legislation. SD–419 SD–366

VerDate Dec 13 2002 03:19 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\M31MR8.000 E31PT1 Monday, March 31, 2003 Daily Digest Senate tion, Committee on Small Business was discharged Chamber Action from further consideration of the nomination, which Routine Proceedings, pages S4541–S4591 was then referred to the Committee on Govern- Measures Introduced: Six bills and one resolution mental Affairs, discharged from its consideration, were introduced, as follows: S. 743–748, and S. Res. and the nomination was then confirmed.) 101. Page S4557 Pages S4590, S4591 Linda M. Springer, of Pennsylvania, to be Con- Measures Reported: troller, Office of Federal Financial Management, Of- Special Report entitled ‘‘Report on the Activities fice of Management and Budget. of the Committee on Finance of the United States McGregor William Scott, of California, to be Senate During the 107th Congress’’. (S. Rept. No. United States Attorney for the Eastern District of 108–31) California for the term of four years. Special Report entitled ‘‘Report on the Activities 39 Army nominations in the rank of general. of the Committee on Armed Services’’. (S. Rept. No. 4 Navy nominations in the rank of admiral. 108–32) Page S4556 Routine lists in the Air Force, Army, Marine Measures Passed: Corps, Navy. Pages S4590–91 Small Business Drought Relief Act: Committee Additional Cosponsors: Pages S4557–58 on Small Business was discharged from further con- Statements on Introduced Bills/Resolutions: sideration of S. 318, to provide emergency assistance Pages S4558–79 to nonfarm-related small business concerns that have suffered substantial economic harm from drought, Additional Statements: Page S4556 and the bill was then passed. Pages S4589–90 Authority for Committees to Meet: Page S4579 Dwight D. Eisenhower Statue Acceptance: Sen- Text of H. Con. Res. 95, as Previously Agreed ate agreed to H. Con. Res. 84, providing for the ac- To: Pages S4579–89 ceptance of a statue of President Dwight D. Eisen- (Senate companion measure, S. Con. Res. 23, hower, presented by the people of Kansas, for place- adoption on March 26, 2003 was vitiated): ment in the Capitol. Page S4590 Record Votes: One record vote was taken today. Nomination Considered: Senate resumed consider- (Total—112) Page S4553 ation of the nomination of Miguel A. Estrada, of Adjournment: Senate met at 3 p.m., and adjourned Virginia, to be United States Circuit Judge for the at 6:41 p.m., until 9 a.m., on Tuesday, April 1, District of Columbia Circuit. Page S4553 2003. (For Senate’s program, see the remarks of the A fourth motion was entered to close further de- Acting Majority Leader in today’s Record on page bate on the nomination and, in accordance with the S4591.) provisions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur on Wednes- day, April 2, 2003. Page S4553 Committee Meetings Nominations Confirmed: Senate confirmed the fol- (Committees not listed did not meet) lowing nominations: By unanimous vote of 93 yeas (Vote No. Ex. 112), DEFENSE AUTHORIZATION: DOD Theresa Lazar Springmann, of Indiana, to be United LABORATORIES States District Judge for the Northern District of In- Committee on Armed Services: Subcommittee on Emerg- diana. Pages S4552–53 ing Threats and Capabilities to hold hearings to ex- Harold Damelin, of Virginia, to be Inspector Gen- amine proposed legislation authorizing funds for the eral, Small Business Administration (Prior to this ac- Department of Defense for fiscal year 2004, focusing D320

VerDate Dec 13 2002 03:44 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D31MR3.REC D31MR3 March 31, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D321 on the science and technology program and the role AIR FORCE ACADEMY ALLEGATIONS of the Department of Defense laboratories, after re- Committee on Armed Services: Committee concluded ceiving testimony from Michael W. Wynne, Deputy hearings to examine allegations of sexual assault at Under Secretary of Defense for Acquisition and the United States Air Force Academy and related Technology; General Paul J. Kern, USA, Com- recommendations, after receiving testimony from manding General, U.S. Army Materiel Command; James G. Roche, Secretary of the Air Force; and General Lester L. Lyles, USAF, Commander, Air Force Materiel Command; and Vice Admiral Joseph General John P. Jumper, USAF, Chief of Staff of the W. Dyer, USN, Commander, Naval Air Systems Air Force. Command. h House of Representatives 2127 Beatties Ford Road in Charlotte, North Caro- Chamber Action lina, as the ‘‘Jim Richardson Post Office;’’ Measures Introduced: 18 public bills, H.R. Page H2497 1508–1525; 1 private bill, H.R. 1526; and; 5 reso- Northern Ireland Peace and Reconciliation Sup- lutions, H.J. Res. 44; H. Con. Res. 130–132, and port Act: H.R. 1208, amended, to authorize appro- H. Res. 167, were introduced. Pages H2514–15 priations for fiscal years 2004 and 2005 for United Additional Cosponsors: Page H2515 States contributions to the International Fund for Reports Filed: Reports were filed today as follows: Ireland; and Pages H2497–H2500 Oversight Plans for all House Committees (H. Small Business Development Centers Expanded Rept. 108–52); and H.R. 758, to allow all busi- Assistance to Indian tribe members, Native Alas- nesses to make up to 24 transfers each month from kans, and Native Hawaiians: H.R. 1166, to interest-bearing transaction accounts to other trans- amend the Small Business Act to expand and im- action accounts, to require the payment of interest prove the assistance provided by Small Business De- on reserves held for depository institutions at Federal velopment Centers to Indian tribe members, Native reserve banks, amended (H. Rept. 108–53). Alaskans, and Native Hawaiians (agreed to by 2⁄3 Page H2514 yea-and-nay vote of 378 yeas to 14 nays, Roll No. Speaker Pro Tempore: Read a letter from the 94). Pages H2500–04, H2506 Speaker wherein he appointed Representative Suspension Failed—Small Pox Vaccination Com- Aderholt to act as Speaker Pro Tempore for today. pensation Fund Act: The House failed to agree to Page H2475 suspend the rules and pass H.R. 1463, to provide benefits for certain individuals with injuries result- Recess: The House recessed at 12:48 p.m. and re- ing from administration of a smallpox vaccine by 2⁄3 convened at 2:00 p.m. Page H2477 yea-and-nay vote of 184 yeas to 206 nays, Roll No. Suspensions: The House agreed to suspend the rules 92). Pages H2478–94, H2504–05 and pass the following: Recess: The House recessed at 3:57 p.m. and recon- Honoring the City of Fayetteville, North Caro- vened at 6:30 p.m. Page H2504 lina for the Festival of Flight: H. Con. Res. 5, hon- Additional Conferees to Child Abduction Pre- oring the City of Fayetteville, North Carolina, and vention Act: The following additional conferees to its many partners for the Festival of Flight, a cele- S. 151, Child Abduction Prevention Act, were ap- bration of the centennial of Wilbur and Orville pointed from the Committee on Education and the Wright’s first flight, the first controlled, powered Workforce for consideration of section 8 of the Sen- 2 flight in history (agreed to by ⁄3 yea-and-nay vote ate bill and sections 222, 305, and 508 of the House of 393 yeas with none voting ‘‘nay’’, Roll No. 93); amendments and modifications committed to con- Pages H2494–97, H2505–06 ference: Representatives Hoekstra, Gingrey, and Jim Richardson Post Office Building, Charlotte, Hinojosa. And from the Committee on Transpor- North Carolina: H.R. 1505, to designate the facil- tation and Insfrastructure, for consideration of sec- ity of the United States Postal Service located at tion 303 and title IV of the House amendments, and

VerDate Dec 13 2002 03:44 Apr 01, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D31MR3.REC D31MR3 D322 CONGRESSIONAL RECORD — DAILY DIGEST March 31, 2003 modifications committed to conference: Chairman COMMITTEE MEETINGS FOR Young of Alaska and Representatives Petri and TUESDAY, APRIL 1, 2003 Matheson. Pages H2506–07 (Committee meetings are open unless otherwise indicated) Senate Messages: Message received from the Senate today appears on page H2477. Senate Referrals: S. 330, was referred to the Committees Committee on Appropriations: Subcommittee on Labor, on the Judiciary and Transportation and Infrastruc- Health and Human Services, and Education, to hold hear- ture and S. Con. Res. 30 was referred to the Com- ings to examine Alzheimer’s Disease, 9:30 a.m., SH–216. Subcommittee on Commerce, Justice, State, and the mittee on International Relations. Page H2512 Judiciary, to hold hearings to examine proposed budget Quorum Calls—Votes: Three yea-and-nay votes de- estimates for fiscal year 2004 for the Department of Jus- veloped during the proceedings of the House today tice, 10 a.m., SD–192. and appear on pages H2504–05, H2505–06, and Full Committee, business meeting to mark up the fis- H2506. There were no quorum calls. cal year 2003 Supplemental Request, 2 p.m., S–128, Capitol. Adjournment: The House met at 12:30 p.m. and Committee on Armed Services: Subcommittee on Readiness adjourned at 7:55 p.m. and Management Support, to resume hearings to examine proposed legislation authorizing funds for fiscal year 2004 for the Department of Defense, focusing on impacts of Committee Meetings environmental laws on readiness and the related Adminis- tration Legislative Proposal, 9 a.m., SD–106. DOD—BUSINESS SYSTEMS Subcommittee on SeaPower, to hold hearings to exam- MODERNIZATION—STRENGTHENING ine proposed legislation authorizing funds for fiscal year 2004 for the Department of Defense for Navy and Marine OVERSIGHT Corps development, procurement priorities, and the Fu- Committee on Reform: Subcommittee on National Secu- ture Years Defense Program, 2:30 p.m., SR–232A. rity, Emerging Threats and International Relations Committee on Environment and Public Works: to hold hear- and the Subcommittee on Technology, Information ings to examine the nominations of Ricky Dale James, of Policy, Intergovernmental Relations and the Census Missouri, and Rear Adm. Nicholas Augustus Prahl, Na- tional Oceanic and Atmospheric Administration, both to held a joint hearing on Strengthening Oversight of be a Member of the Mississippi River Commission, and DOD Business Systems Modernization. Testimony Richard W. Moore, of Alabama, to be Inspector General, was heard from the following officials of the GAO: Tennessee Valley Authority, 9:30 a.m., SD–406. Randolph Hite, Director, Information Technology Committee on Finance: to hold hearings to examine tax Architecture and Systems Issues; Gregory Kutz, Di- payer issues, focusing on public accountants and chari- rector, Financial Management and Assurance; and table car donations; to be followed by hearings on the Darby Smith, Assistant Director, Financial Manage- nominations of Mark Van Dyke Holmes, of New York, ment and Assurance; and the following officials of to be a Judge of the United States Tax Court, Diane L. Kroupa, of Minnesota, to be a Judge of the United States the Department of Defense: JoAnn Boutelle, Deputy Tax Court, Robert Allen Wherry, Jr., of Colorado, to be Chief Financial Officer; John R. Landon, Principal a Judge of the United States Tax Court, and Harry A. Director, Deputy Assistant Secretary, Command, Haines, of Montana, to be a Judge of the United States Control, Communications, and Intelligence Surveil- Tax Court, 10 a.m., SD–215. lance, Reconnaissance, Space and IT Programs; and Committee on Foreign Relations: to hold hearings to exam- Thomas Bloom, Director, Defense Finance and Ac- ine NATO enlargement, focusing on Brussels, 9:30 a.m., counting Service (DFAS). SD–419. Full Committee, business meeting to consider the Joint Convention on the Safety of Spent Fuel Management and HOMELAND SECURITY TECHNICAL on the Safety of Radioactive Waste Management, done at CORRECTIONS ACT Vienna on September 5, 1997 (Treaty Doc.106–48), 9:45 Select Committee on Homeland Security: Ordered re- a.m., SD–419. ported, as amended, H.R. 1416, Homeland Security Committee on the Judiciary: to hold hearings to examine Technical Corrections Act of 2003. the nominations of Carolyn B. Kuhl, of California, to be United States Circuit Judge for the Ninth Circuit, Cecilia On March 28, the Committee held a hearing on M. Altonaga, to be United States District Judge for the H.R. 1416. Testimony was heard from Michael Dor- Southern District of Florida, and Patricia Head Minaldi, sey, Director of Administration, Department of to be United States District Judge for the Western Dis- Homeland Security. trict of Louisiana, 9 a.m., SD–226.

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Select Committee on Intelligence: to hold closed hearings to Committee on International Relations, hearing on U.S. Re- examine intelligence matters, 2:30 p.m., SH–219. sponse to East African Families and the Future Outlook House for Food Aid in Africa, 10:15 a.m., 2172 Rayburn. Committee on the Judiciary, Subcommittee on Commer- Committee on Appropriations, to mark up the Supple- cial and Administrative Law, hearing on H.R. 49, Inter- mental Appropriations for Fiscal Year 2003, 10 a.m., net, Tax Nondiscrimination Act, 10 a.m., 2141 Rayburn. 2359 Rayburn. Subcommittee on Courts, the Internet, and Intellectual Subcommittee on Transportation and Treasury, and Property, hearing on H.R. 1417, Copyright Royalty and Independent Agencies, on Cost Controls and Cost Drivers Distribution Reform Act, 2 p.m., 2141 Rayburn. in Federal Transit Investments Panel, 2 p.m., 2358 Ray- Committee on Resources, Subcommittee on Water and burn. Power, hearing on the following bills: H.R. 135, Twenty- Committee on Armed Services, hearing on all major De- First Century Water Commission Act of 2003; H.R. 495, partment of Defense acquisition programs, and review the Department’s plans for acquisition reform and future ac- Zuni Indian Tribe Rights Settlement Act of 2003; H.R. quisition programs, 4 p.m., 2118 Rayburn. 901, to authorize the Secretary of the Interior to con- Subcommittee on Terrorism, Unconventional Threats struct a bridge on Federal land west of and adjacent to and Capabilities, hearing on the fiscal year 2004 national Folsom Dam in California; and H.R. 1284, to amend the defense authorization budget request for the Special Oper- Reclamation Projects Authorization and Adjustment Act ations Command, 2 p.m., 2212 Rayburn. of 1992 to increase the Federal share of the costs of the Subcommittee on Total Force, hearing on the U.S. Air San Gabriel Basin Demonstration project, 2 p.m., 1324 Force report on sexual assault at the academy, 1 p.m., Longworth. 2118 Rayburn. Committee on Rules, to consider the following: H.R. 735, Committee on Education and the Workforce, Subcommittee Postal Civil Service Retirement System Funding Reform on Select Education, hearing on the ‘‘Performance, Ac- Act of 2003; and H.R. 522, Federal Deposit Insurance countability, and Reforms at the Corporation for National Reform Act of 2003, 1 p.m., H–313 Capitol. and Community Service,’’ 2 p.m., 2175 Rayburn. Committee on Science, to mark up H.R. 238, Energy Re- Committee on Energy and Commerce, to mark up the En- search, Development, Demonstration, and Commercial ergy Policy Act of 2003, 9:30 a.m., 2123 Rayburn. Application Act of 2003, 10 a.m., 2318 Rayburn. Committee on Financial Services, Subcommittee on Do- Committee on Small Business, Subcommittee on Work- mestic and International Monetary Policy, Trade, and force, Empowerment and Government Programs and the Technology, hearing entitled ‘‘Opening Trade in Finan- Subcommittee on Regulatory Reform and Oversight, cial Services—The Chile and Singapore Examples,’’ 10 joint hearing to Improve and Strengthen the SBA Office a.m., 2128 Rayburn. of Advocacy, 2 p.m., 2360 Rayburn. Subcommittee on Housing and Community Oppor- Committee on Transportation and Infrastructure, Sub- tunity, hearing entitled ‘‘The National Flood Insurance committee on Coast Guard and Maritime Transportation, Program: Review and Reauthorization,’’ 2 p.m., 2128 Rayburn. oversight hearing on the Coast Guard’s Move to the De- Committee on Government Reform, Subcommittee on Civil partment of Homeland Security, 10 a.m., 2360 Rayburn. Service and Agency Organization, oversight hearing Subcommittee on Highways, Transit, and Pipelines, ‘‘Compensation Reform: How Should the Federal Govern- hearing on Member Policy Initiatives and Project Re- ment Pay Its Employees?’’ 1 p.m., 2247 Rayburn. quests for Reauthorization of Federal Highway and Tran- Subcommittee on Government Efficiency and Financial sit Programs, 10 a.m., 2167 Rayburn. Management, oversight hearing entitled: ‘‘Performance, Permanent Select Committee on Intelligence, executive, brief- Results, and Budget Decisions,’’ 2 p.m., 2154 Rayburn. ing on Sensitive Program, 2 p.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Tuesday, April 1 10:30 a.m., Tuesday, April 1

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of Suspensions: morning business (not to extend beyond 10 a.m.), Senate H.R. 1412, The Higher Education Relief Opportuni- will consider the nomination of Timothy M. Tymkovich, ties for Students (HEROES) Act; of Colorado, to be United States Circuit Judge for the H.R. 622, Coconino/Tonto National Forest Land Ex- Tenth Circuit, with 6 hours for debate, to be followed by change Act; a vote on confirmation of the nomination. H.R. 762, Reasonable Right-of-Way Fees Act; (Senate will recess from 12:30 p.m. until 2:15 p.m. for their H.R. 289, Ottawa National Wildlife Refuge Complex respective party conferences.) and the Detroit River International Wildlife Refuge Boundary Adjustments; and H. Con. Res. 109, Support for the Display of the Blue Star Banner and the Gold Star.

Extensions of Remarks, as inserted in this issue

HOUSE Doolittle, John T., Calif., E625 Nunes, Devin, Calif., E621 Fletcher, Ernie, Ky., E617, E618, E619 Pallone, Frank, Jr., N.J., E623, E625 Bishop, Sanford D., Jr., Ga., E622 Hastings, Alcee L., Fla., E617, E618, E621 Radanovich, George, Calif., E620 Camp, Dave, Mich., E619 Hunter, Duncan, Calif., E621 Ryan, Paul, Wisc., E624 Cardin, Benjamin L., Md., E627 Kanjorski, Paul E., Pa., E617 Sa´ nchez, Linda T., Calif., E626 Carson, Julia, Ind., E623, E625 Kennedy, Mark R., Minn., E625 Solis, Hilda L., Calif., E622 Conyers, John, Jr., Mich., E619 McCollum, Betty, Minn., E623, E623 Tiahrt, Todd, Kans., E618 Davis, Danny K., Ill., E622 Moore, Dennis, Kansas, E620 Udall, Mark, Colo., E624 Davis, Tom, Va., E617, E618, E618, E620, E627 Norwood, Charlie, Ga., E619 Udall, Tom, N.M., E626

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