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

Vol. 149 WASHINGTON, MONDAY, OCTOBER 20, 2003 No. 147 House of Representatives The House met at 12:30 p.m. and was the fiscal year ending September 30, civil rights issue has touched my no- called to order by the Speaker pro tem- 2004, and for other purposes,’’ requests tion of fairness in government policy in pore (Mr. ADERHOLT). a conference with the House on the dis- very profound ways. Since I chaired the f agreeing votes of the two Houses there- Oregon Legislature’s first hearing on on, and appoints Mr. STEVENS, Mr. nondiscrimination some 30 years ago, I DESIGNATION OF SPEAKER PRO COCHRAN, Mr. SPECTER, Mr. DOMENICI, have observed the ebb and flow of the TEMPORE Mr. BOND, Mr. MCCONNELL, Mr. BURNS, on gay rights, attended hear- The SPEAKER pro tempore laid be- Mr. SHELBY, Mr. GREGG, Mr. BENNETT, ings, and learned the stories of real fore the House the following commu- Mr. CAMPBELL, Mr. CRAIG, Mrs. people. I have also developed a wide nication from the Speaker: HUTCHISON, Mr. DEWINE, Mr. circle of friends and have many col- WASHINGTON, DC, BROWNBACK, Mr. BYRD, Mr. INOUYE, Mr. leagues who are gay and in committed October 20, 2003. HOLLINGS, Mr. LEAHY, Mr. HARKIN, Ms. relationships. I have come to under- I hereby appoint the Honorable ROBERT B. MIKULSKI, Mr. REID, Mr. KOHL, Mrs. stand the equality for gays and les- ADERHOLT to act as Speaker pro tempore on MURRAY, Mr. DORGAN, Mrs. FEINSTEIN, bians as an issue of justice for us all re- this day. Mr. DURBIN, Mr. JOHNSON, and Ms. gardless of our sexual orientation or J. DENNIS HASTERT, LANDRIEU, to be the conferees on the political philosophy. Speaker of the House of Representatives. part of the Senate. Along the way, I have experienced a f The message also announced that the couple of painful episodes that helped MESSAGE FROM THE SENATE Senate has passed a bill of the fol- define my thinking. As a county com- lowing title in which the concurrence missioner in the 1980’s, we enacted one A message from the Senate by Mr. of the House is requested: of the first and most comprehensive Monahan, one of its clerks, announced S. 300. An act to award a congressional nondiscrimination ordinances in the that the Senate has passed without gold medal to Jackie Robinson (post- country. The backlash, however, from amendment a bill of the House of the humously), in recognition of his many con- some of the extreme right was brutal. following title: tributions to the Nation, and to express the And faced with an opposing referendum H.R. 1900. An act to award a congressional sense of Congress that there should be a na- that would threaten to divide the com- gold medal to Jackie Robinson (post- tional day in recognition of Jackie Robinson. munity, leaders in the local gay and humously), in recognition of his many con- f lesbian movement urged the commis- tributions to the Nation, and to express the sion to repeal the ordinance. But that sense of the Congress that there should be a MORNING HOUR DEBATES did not make it any easier to explain national day in recognition of Jackie Robin- The SPEAKER pro tempore. Pursu- son. to gay citizens sitting in the front ant to the order of the House of Janu- rows, some of whom were crying with The message also announced that the ary 7, 2003, the Chair will now recog- Senate has passed with amendments in disbelief and anger. nize Members from lists submitted by Twelve years later in Congress, I con- which the concurrence of the House is the majority and minority leaders for fronted the Defense of Marriage Act to requested, bills of the House of the fol- morning hour debates. The Chair will create a Federal definition of marriage lowing titles: alternate recognition between the par- as a union between a man and a H.R. 1516. An act to provide for the estab- ties, with each party limited to not to woman. Until DOMA, marriage issues lishment by the Secretary of Af- exceed 30 minutes, and each Member, had not been a high priority for the fairs of five additional cemeteries in the Na- except the majority leader, the minor- tional Cemetery System. gay and lesbian movement nor for Con- H.R. 3289. An act making emergency sup- ity leader, or the minority whip, lim- gress. But with the introduction of this plemental appropriations for defense and for ited to not to exceed 5 minutes. legislation, all that changed when the reconstruction of and Afghanistan The Chair recognizes the gentleman some people from the extreme right for the fiscal year ending September 30, 2004, from Oregon (Mr. BLUMENAUER) for 5 wing were pushing the hot button issue and for other purposes. minutes. of same sex marriage in order to assure The message also announced that the f the political failure of the gay and les- Senate insists upon its amendment to bian civil rights agenda. The country the bill (H.R. 3289) ‘‘An Act making EQUAL RIGHTS: A PERSONAL was not simply ready to discuss same emergency supplemental appropria- ODYSSEY sex marriage in any rational way. tions for defense and for the recon- Mr. BLUMENAUER. Mr. Speaker, Hoping to deny the extreme right struction of Iraq and Afghanistan for the evolution of the gay and lesbian wing the opportunity to exploit this

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 jul 14 2003 00:52 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.000 H20PT1 H9690 CONGRESSIONAL RECORD — HOUSE October 20, 2003 issue further, I cast my vote in favor of claims are down, and corporate profits cycling champion Lance Armstrong. DOMA. Looking back 8 years later, and economic growth are way up. Last This amazing team of riders rode for 7 while my analysis may have been accu- week, we even learned the Federal def- days from Los Angeles to Washington, rate, it remains one of the few votes in icit has come in much lower than an- DC, covering 120 miles per day per Congress that I would change. Sadly, ticipated, as Republicans predicted it rider. They rode during the day and people who choose to exploit fear and would. during the night. The Tour of Hope bigotry based on sexual orientation In other words, the Bush economy team climbed mountains and crossed continue to do so regardless of any evi- and the Federal Government are recov- rivers and reached communities across dence to the contrary. ering with a vengeance from the ‘‘bin America to inspire millions and share My vote on DOMA also caused polit- Laden’’ slump. The faster the economy the importance of cancer research. ical confusion and pain for people who grows, the sooner we can balance the They used this ride to share their per- knew of my commitment for equality budget, all the while maintaining our sonal stories to help raise awareness for gays and lesbians. Most troubling commitment to our national priorities. about the need for cancer patients to for me was the implication that my Of course, the war remains our Na- participate in clinical trials so that we vote somehow may have been inter- tion’s defining objective. Without vic- might achieve cures more quickly. Par- preted as an attack on people’s ability tory over international terror and the ticipation is of crucial importance to to make their own choices about their security and prosperity victory will finding a cure. If clinical trials are not personal relationships and their dig- bring, no other item on any agenda is performed on new drugs, these drugs nity as human beings. even possible. The reconstruction and will not be available to those afflicted Recently, gay civil rights victories in democracy-building now underway in with cancer. the Supreme Court, the State of Iraq is a central component of that Nat’s personal story is especially im- Vermont, and in Canada have created a war, as a stable Iraq will be an invalu- portant to New Mexico and all Native resurgence of controversy surrounding able ally in our fight against terror. Americans. Nat Cobb is actively en- this issue. These successes do not have To highlight the progress we are gaged in making cancer screenings and to lead to more antigay proposals and making over there and to draw the clinical trials available to Indian popu- rhetoric. Most Americans today have public’s and the media’s attention to lations all over the country. He has friends and relatives who are involved the good being done, we have created worked with a number of hospitals and with same sex relationships based on FREEDOM.GOV. On the FREE- clinics to enroll patients in trials and the same deep emotional commitment DOM.GOV Web site, citizens can find to educate people about preventing and affection found in the heterosexual articles and features from Members of cancer through programs on tobacco community. Congress who have been to liberated It is now time for Congress to play a control and life-style changes. He was Iraq and reported back on what they constructive role in affirming civil an excellent choice to ride in the Tour have seen and our need to finish the job rights for gays and lesbians. The House of Hope. there. Further, with our economy roar- should start by enacting non- I also want to say how proud I was to ing to life in recent months, we are discrimination in employment, which ride alongside Nat and Lance Arm- now even better able to keep our com- should be one of the bedrocks of a soci- strong this past weekend as the Tour of mitment to strengthen and improve ety that claims to value self-reliance Hope concluded in Washington, DC. I health care services for America’s sen- and the opportunity for individuals to was honored to join them along the iors. We expect a Medicare bill to do reach their full potential. The Congress final stretches of the journey and am just that, and it will be ready for pas- should also forcefully reject H.J. Res. pleased to have lent my support to 56, a constitutional amendment which sage before we adjourn. their efforts which are so important to And, finally, Congress will soon be would define marriage solely as a union Native Americans suffering from can- able to pass a comprehensive energy between a man and a woman. It simply cer. bill which will lower gas prices, create makes no sense to deny the benefits, Mr. Speaker, I am pleased to help legal rights, and opportunities afforded jobs, and reduce our dependence on for- them spread the word that we can do to married couples to others who want eign oil. more here in Congress to help them as To put Congress’s work this year in to commit to a long-term loving rela- well. For one, we can fund research tionship, especially when the adminis- perspective, Mr. Speaker, consider: We programs to help increase awareness tration proposes to spend hundreds of are winning the war on terror and se- about clinical trials so that more millions of dollars to ‘‘promote mar- curing Iraq. We are cutting the deficit adults participate in clinical drug riage.’’ and balancing the budget through fis- trials. Nearly 85 percent of children This attempt to preempt decisions at cal discipline. We are growing the participate in some type of drug trial, the State level is not just stunningly economy and creating jobs, and we are but less than 10 percent of adults do. I hypocritical; it will fuel fear and preju- meeting the health care needs of Amer- am hopeful that by raising awareness dice, create further divisions in our ican seniors. This is the agenda we ran through the Tour of Hope, Lance Arm- communities, and intolerance through- on, promised, and in just another few strong, Nat Cobb, and other team mem- out our society. Instead of pitting cit- weeks will have delivered for the bers and Bristol Meyers Squibb and izen against citizen over questions of American people. others can achieve this important goal identity, sexuality, and private behav- f of finding cures more quickly for all ior, the Congress should model the be- PAYING TRIBUTE TO DR. NAT types of cancer. havior it expects of others: fairness, COBB f tolerance, and a basic respect for human dignity. The SPEAKER pro tempore. Pursu- RECESS ant to the order of the House of Janu- f The SPEAKER pro tempore. Pursu- ary 7, 2003, the gentleman from New ant to clause 12(a) of rule I, the Chair THE WIND AT OUR BACKS Mexico (Mr. UDALL) is recognized dur- declares the House in recess until 2 The SPEAKER pro tempore. Pursu- ing morning hour debates for 5 min- p.m. ant to the order of the House of Janu- utes. Accordingly (at 12 o’clock and 43 Mr. UDALL of New Mexico. Mr. ary 7, 2003, the gentleman from Texas minutes p.m.), the House stood in re- Speaker, I rise today to pay tribute to (Mr. DELAY) is recognized during morn- cess until 2 p.m. ing hour debates. one of my constituents, Dr. Nat Cobb Mr. DELAY. Mr. Speaker, this week of Corrales, New Mexico. I want to con- f the House will begin moving into the gratulate Nat on his participation in b 1400 end game for the legislative session, the Lance Armstrong Tour of Hope and we will do so with the wind at our which concluded this past weekend AFTER RECESS backs. here in the Nation’s capital. The recess having expired, the House Thanks to our passage of President Nat Cobb was chosen to ride across was called to order by the Speaker pro Bush’s Jobs and Growth agenda, jobless the country with 25 other riders and tempore (Mr. BOOZMAN) at 2 p.m.

VerDate jul 14 2003 00:52 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.019 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9691 PRAYER The SPEAKER pro tempore. Is there ECONOMY IS IMPROVING The Chaplain, the Reverend Daniel P. objection to the request of the gen- (Mr. FOLEY asked and was given per- Coughlin, offered the following prayer: tleman from Illinois? mission to address the House for 1 Lord God, Your prophets and leaders There was no objection. minute and to revise and extend his re- in the Hebrew Scriptures, as well as marks.) the disciples in the Christian Scrip- The Clerk read the Senate concur- Mr. FOLEY. Mr. Speaker, it is a tures, all knew friendship. In and with rent resolution, as follows: pleasure to be back in Washington here on a Monday and obviously reflect on associates and friends, they accom- S. CON. RES. 66 plished Your will and served Your peo- the past week, and hope that we have Whereas November 22, 2003, marks the 20th seen some brighter economic news ple. anniversary of the establishment of the Na- May friendships flourish here in the tional Endowment for Democracy (herein- emerging: The Dow Jones Industrial House of Representatives. Because after the ‘‘Endowment’’), a bipartisan non- Average, the NASDAQ, unemployment friends hold us accountable and sustain governmental institution that promotes de- numbers dropping slightly. Even us in difficult times, these men and mocracy around the world; though we are still concerned about women of Congress need such sup- Whereas through the National Endowment unemployment, we are making for Democracy Act (22 U.S.C. 4411 et seq.), progress. portive relationships. signed into law by President Some of the other intrinsic things Bless their work and may their de- on November 22, 1983, Congress has made pos- that we can judge the economy by are bate and endeavors bring them to deep- sible the funding of the Endowment’s world- starting to show real signs of progress. er understandings and create respected wide grant programs; Numbers of companies reporting record friendships. Whereas 2003 also marks the 20th anniver- earnings, improved performance, back This we ask of You, O Lord, now and sary of the National Republican Institute for order of supplies in inventory dimin- forever. International Affairs (which was subse- ishing, which is all pointing us in the Amen. quently renamed the International Repub- lican Institute (IRI)), the National Demo- right direction that this President and f cratic Institute for International Affairs Congress has delivered an economic THE JOURNAL (NDI), and the Center for International Pri- package, a tax incentive package that vate Enterprise (CIPE), all of which joined is starting to stimulate, albeit slowly, The SPEAKER pro tempore. The the Free Trade Union Institute (which was the economy back into a performing Chair has examined the Journal of the subsequently renamed as the American Cen- economic model. last day’s proceedings and announces ter for International Labor Solidarity) to We have more to do, and the Com- to the House his approval thereof. form the four affiliated institutions of the mittee on Ways and Means will start Pursuant to clause 1, rule I, the Jour- Endowment; debating next week opportunities to nal stands approved. Whereas the Endowment and the affiliated create jobs here in this country by pro- institutes have supported grassroots pro- f grams to build democratic institutions, viding the economic and tax incentives PLEDGE OF ALLEGIANCE spread democratic values, encourage free for corporations to remain here in the market institutions, and promote political United States, producing jobs, pro- The SPEAKER pro tempore. Will the parties, worker rights, independent media, viding incomes and hopefully financial gentleman from Florida (Mr. FOLEY) human rights, the rule of law, civic edu- stability for Americans everywhere. So come forward and lead the House in the cation, conflict resolution, political partici- we will be reporting that bill out next Pledge of Allegiance. pation by women, and many other essential week, bringing it to the floor hopefully Mr. FOLEY led the Pledge of Alle- components of civil society and democratic with the cooperation of both the Demo- giance as follows: governance in emerging and transitional de- crats and Republicans to assure that mocracies, nondemocracies, and war-torn so- I pledge allegiance to the Flag of the we have the kind of economic job pro- United States of America, and to the Repub- cieties; Whereas the programs carried out or fund- ducing model that will create the in- lic for which it stands, one nation under God, centives for our citizens to once again indivisible, with liberty and justice for all. ed by the Endowment have made significant contributions to the efforts of democratic return to the active workforce and cre- f activists to achieve freedom and self-govern- ate the kind of economies that are so DISPENSING WITH CALL OF PRI- ance around the world; vitally important to this Nation. VATE CALENDAR ON TUESDAY, Whereas the Endowment, through the So I want to salute our committee, OCTOBER 21, 2003 Journal of Democracy, the International particularly the Committee on Ways Forum for Democratic Studies, the Reagan- and Means, for undertaking what will Mr. FOLEY. Mr. Speaker, I ask unan- Fascell Democracy Fellows Program, and be a very difficult task. There are a lot the World Movement for Democracy, has imous consent that the call of the Pri- of people who would be opposed to any vate Calendar be dispensed with tomor- served as a key center of democratic re- search, exchange, and networking, bringing tax relief whatsoever, but if they look row. at the significance and substance of The SPEAKER pro tempore. Is there together thousands of democracy activists, scholars, and practitioners from around the this bill, they will see this is, in fact, objection to the request of the gen- world; and earmarking to create jobs, manufac- tleman from Florida? Whereas the spread of democracy through- turing jobs to States like North Caro- There was no objection. out the world, to which the work of the En- lina and Georgia and Pennsylvania f dowment has contributed significantly, has and, of course, the high-tech corridor enhanced the national security interests of COMMENDING THE NATIONAL EN- in California. the United States and advanced democratic So all of these things are important, DOWMENT FOR DEMOCRACY ON ideals and values throughout the world: Now, THE 20TH ANNIVERSARY OF ITS therefore, be it the debate is important, and so I join ESTABLISHMENT. with my colleagues in saluting in par- Resolved by the Senate (the House of Rep- ticular this President, saluting our ef- Mr. HYDE. Mr. Speaker, I ask unani- resentatives concurring), That Congress— forts in Iraq. Our prayers are with our mous consent to take from the Speak- (1) commends the National Endowment for Democracy for its contributions to the troops there as we continue to liberate er’s table the Senate concurrent reso- Iraqis from the grips of Saddam Hus- lution (S. Con. Res. 66) commending strengthening of democracy around the world on the occasion of the 20th anniver- sein. It has been difficult. We have had the National Endowment for Democ- sary of the establishment of the Endowment; loss of lives, but at the same time, if racy for its contributions to demo- and we look at the progress we have made, cratic development around the world (2) endeavors to continue to support the we will see that we are starting to find on the occasion of the 20th anniversary vital work of the National Endowment for great solutions to the problem in Iraq. of the establishment of the National Democracy. f Endowment for Democracy, and ask for The Senate concurrent resolution its immediate consideration in the ANNOUNCEMENT BY THE SPEAKER was concurred in. House. PRO TEMPORE The Clerk read the title of the Senate A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- concurrent resolution. the table. ant to clause 8 of rule XX, the Chair

VerDate jul 14 2003 00:52 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.004 H20PT1 H9692 CONGRESSIONAL RECORD — HOUSE October 20, 2003 will postpone further proceedings (2) this man-made famine was designed and they confessed their knowledge at the today on motions to suspend the rules implemented by the Soviet regime as a delib- time to confidantes and to their dia- on which a recorded vote or the yeas erate act of terror and mass murder against ries. The most notorious of these was and nays are ordered, or on which the the Ukrainian people; Walter Duranty, a correspondent for vote is objected to under clause 6 of (3) the decision of the Government of Ukraine and the Verkhovna Rada (the who had won a rule XX. Ukrainian parliament) to give official rec- Pulitzer Prize for his reporting from RECORD votes on postponed questions ognition to the famine and its victims, as the . But he was far from will be taken after 6:30 p.m. today. well as their efforts to secure greater inter- alone. f national awareness and understanding of the Those few who accurately reported famine, should be supported; and on the famine were subject to consider- EXPRESSING SENSE OF HOUSE RE- (4) the official recognition of the famine by GARDING MAN-MADE FAMINE able abuse from their colleagues and the Government of Ukraine and the others in the West, and their reports THAT OCCURRED IN UKRAINE IN Verkhovna Rada represents a significant 1932–1933 step in the reestablishment of Ukraine’s na- were generally disregarded. That lam- tional identity, the elimination of the legacy entable record continued until after Mr. HYDE. Mr. Speaker, I move to the fall of the Soviet regime in 1991, suspend the rules and agree to the reso- of the Soviet dictatorship, and the advance- ment of efforts to establish a democratic and with Robert Conquest’s book, The Har- lution (H. Res. 356) expressing the sense free Ukraine that is fully integrated into the vest of Sorrow, being a lonely excep- of the House of Representatives regard- Western community of nations. tion. ing the man-made famine that oc- The SPEAKER pro tempore. Pursu- In remembering and honoring the curred in Ukraine in 1932–1933. ant to the rule, the gentleman from Il- victims, I must stress that in addition The Clerk read as follows: linois (Mr. HYDE) and the gentleman to millions of ethnic Ukrainians, the H. RES. 356 from California (Mr. LANTOS) each will dead included large numbers from Whereas 2003 marks the 70th anniversary of control 20 minutes. many other ethnic groups, including the height of the famine in Ukraine that was The Chair recognizes the gentleman Russians, Jews, and a host of others deliberately initiated and enforced by the Soviet regime through the seizure of grain from Illinois (Mr. HYDE). large and small. and the blockade of food shipments into the Mr. HYDE. Mr. Speaker, I yield my- It is also important to note that affected areas, as well as by forcibly pre- self such time as I may consume. other areas of the Soviet Union were venting the starving population from leaving (Mr. HYDE asked and was given per- also subjected to this man-made fam- the region, for the purposes of eliminating mission to revise and extend his re- ine, especially those neighboring re- resistance to the forced collectivization of marks.) gions where an estimated 11⁄2 million agriculture and destroying Ukraine’s na- Mr. HYDE. Mr. Speaker, this resolu- people of many ethnic origins were tional identity; tion recognizes and remembers the vic- starved to death. Whereas this man-made famine resulted in tims of one of the greatest tragedies of This tragedy knew no artificial divi- the deaths of at least 5,000,000 men, women, and children in Ukraine and an estimated 1– the 20th century, namely, the more sions, no insulating borders, no refuge. 2 million people in other regions; than 5 million men, women and chil- All who perished were equal in their in- Whereas the famine took place in the most dren in Ukraine who were deliberately nocence, but the blow fell heaviest in productive agricultural area of the former starved to death by the Soviet regime Ukraine. Soviet Union while foodstocks throughout in the terrible decade of the 1930s. That I would like to take this opportunity the country remained sufficient to prevent regime perpetrated many horrors in its to praise the gentleman from Michigan the famine and while the Soviet regime con- seven decades of existence, but surely (Mr. LEVIN) for his resolution on the tinued to export large quantities of grain; this must rank among its most damn- famine in Ukraine, H. Res. 254. His has Whereas many Western observers with first-hand knowledge of the famine, includ- able. long been one of the most important ing The New York Times correspondent Wal- It is important to stress that this and influential voices in Congress for ter Duranty, who was awarded a Pulitzer famine was not a natural phenomenon, ensuring that Ukraine and its people Prize in 1932 for his reporting from the So- but was instead deliberately engi- remain prominent in our thoughts, and viet Union, knowingly and deliberately fal- neered. Virtually all sustenance in the we owe him our gratitude for his many sified their reports to cover up and refute targeted area was seized, even as the labors. evidence of the famine in order to suppress availability of food elsewhere in the Ukraine’s reermergence in 1991 from criticism of the Soviet regime; Soviet Union remained sufficient to the Soviet prison house was of momen- Whereas Western observers and scholars prevent the famine. The export of grain tous significance, not merely for who reported accurately on the existence of the famine were subjected to disparagement never ceased even at the height of the Ukraine, but for the entire world, be- and criticism in the West for their reporting death tolls. cause its independence signaled the of the famine; Nor was this the result of mere indif- death of that empire. Whereas the Soviet regime and many ference to life, but an uncaring regime. But I regret to say that Ukraine’s scholars in the West continued to deny the Soviet troops and secret police forces great and continuing importance to the existence of the famine until the collapse of were deployed to forcibly prevent the United States and to the West remains the Soviet regime in 1991 resulted in many of starving population from leaving the largely unmeasured here. For an inde- its archives being made accessible, thereby area in the desperate search for food. A pendent Ukraine is an indispensable making possible the documentation of the premeditated nature of the famine and its sentence of mass death had been pro- element in ensuring the freedom and harsh enforcement; nounced and was mercilessly enforced. security of from the Atlantic to Whereas the final report of the United The purpose of the artificial famine the Urals. States Government’s Commission on the was to break resistance to the regime’s Our interests and those of the West Ukraine Famine, established on December policy of forced collectivization of agri- as a whole require that Ukraine com- 13, 1985, concluded that the victims were culture, but this was coupled with a plete its transformation into a true de- ‘‘starved to death in a man-made famine’’ murderous determination to destroy mocracy; that it establish a vibrant and that ‘‘Joseph Stalin and those around Ukraine’s national identity, which the economy equal to its national and nat- him committed against Ukrainians in 1932–1933’’; and regime considered as a mortal threat ural wealth and the talents of its peo- Whereas, although the Ukraine famine was to its empire and, therefore, brutally ple; and that it assume its rightful one of the greatest losses of human life in suppressed. place in the Western community of na- the 20th century, it remains insufficiently There is a legacy of shame that the tions. Although we can provide assist- known in the United States and in the world: West must bear. Many prominent West- ance towards these ends, the first two Now, therefore, be it erners, including journalists and schol- must remain largely the responsibility Resolved, That it is the sense of the House ars who had firsthand knowledge of the of the Ukrainian people. of Representatives that— famine, deliberately falsified their re- But Urkaine’s accession to the insti- (1) the millions of victims of the man-made famine that occurred in Ukraine in 1932–1933 porting to cover up and refute evidence tutions of the West can only occur with should be solemnly remembered and honored of the tragedy in order to suppress crit- our active support and encouragement. in the 70th year marking the height of the icism of the Soviet regime. We know It is my hope we will have the wisdom famine; their actions were deliberate because to understand our own interests and

VerDate jul 14 2003 02:01 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.005 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9693 will act to secure these with perma- the free and independent nations, no diate area, while trains loaded with nence. longer a part of the Soviet Union but a food left that area. Our long-delayed recognition of proud and independent nation, which, The seizures were so harsh that vil- Ukraine’s suffering is also a recogni- after the enormous difficulties of the lages were often left with no food for tion of its emergence from darkness Soviet period, is building a new future their citizens, making the crisis even and the reestablishment of its inde- for the Ukrainian people; and so I urge worse. Soviet authorities ordered the pendence and is one more step in ex- all of my colleagues to support H. Res. borders of Ukraine sealed to prevent tending to it our embrace. Let us re- 356. anyone from escaping the famine and member that as we now honor the vic- Mr. Speaker, I yield such time as he preventing any international food aid tims of a terrible past that it is hope- may consume to the gentleman from from providing relief to the starving. fully gone forever. Michigan (Mr. LEVIN), my friend and Witnesses spoke of Ukrainians eating Mr. Speaker, I reserve the balance of colleague. bark, weeds, and even insects to sur- my time. Mr. LEVIN. Mr. Speaker, first, I vive. Mr. LANTOS. Mr. Speaker. I yield want to join in the words of the gen- Observing the commemoration of myself such time as I might consume, tleman from California (Mr. LANTOS) this anniversary is significant because and I rise in strong support of this res- regarding our colleague from Illinois. Stalin and his closest associates con- olution. His eloquence and his civility mean a cealed the artificially created famine Mr. Speaker, at the outset I would great deal to us, both when we agree like to express publicly my delight at for decades. In the aftermath of the with him and when we do not. The gen- collapse of the Soviet Union, the world the decision of the distinguished chair- tleman from Illinois (Mr. HYDE) has, I man of the Committee on International has learned more and more about the think, set a standard for everyone to harsh reality of life under a totali- Relations to continue his service in follow in discussion of issues on the this Congress and for our Nation. This tarian regime, and the truth sur- floor of the United States House and rounding this atrocity has been re- is the best news of the weekend, and I helps us be proud that we are Members know that all of my colleagues on this vealed. of this institution. We gained greater knowledge after side of the aisle join me in saying how I also want to join with the gen- proud and pleased we are that the gen- the congressionally mandated U.S. tleman from Illinois (Mr. HYDE) in his Commission on the Ukraine Famine tleman from Illinois (Chairman HYDE) comments, as well as the gentleman will continue his wit and wisdom and began its work in 1985 to ‘‘provide the from California (Mr. LANTOS), regard- American public with a better under- extraordinary statesmanship to the ing this issue, and also with what the work of this body. standing of the Soviet system by re- gentleman from Illinois had to say vealing the Soviet role in the famine.’’ b 1415 about the present and future of I had a chance recently to go back Mr. Speaker, I would like to com- Ukraine. As we look back, it is impor- and read a summary of that report, and mend the gentleman from Illinois (Mr. tant also that we look forward, and the I urge my colleagues to do likewise. HYDE) for introducing this very timely challenge before Ukraine today is an That commission issued its final report resolution, which marks the 70th anni- important one, both their steps for- in 1988, noting 19 findings, including versary of the atrocity that Joseph ward and sometimes backward. We all that, and I quote, ‘‘Joseph Stalin and Stalin committed against the people of join in hoping that the steps forward those around him committed genocide Ukraine. We must never forget that Jo- will increase as Ukraine joins fully the against Ukrainians in 1932–33.’’ ranks of the democratic nations of this seph Stalin killed more citizens of the We also gained knowledge through globe. They have an important role to Soviet Union through his inhumane the recollections of survivors. Dr. Wal- play. and murderous policies than any in- ter Lyzohub of Redford Township, But we also have to look back be- vader of the Soviet Union, or Russia Michigan, wrote me a letter explaining cause if we do not look back, we will before. that he survived the famine, but that not effectively face the future. So I rise I also want to commend my good the famine took the lives of his sister today, Mr. Speaker, to join my col- friend and colleague, the gentleman Vera as well as his brother Ivan. His leagues in commemorating the 70th an- from Michigan (Mr. LEVIN), for intro- sister and brother were aged 10 and 9 niversary of the tragedy of the Ukrain- ducing a similar resolution; and he will respectively. It was heartbreaking, ian famine of 1932–33. This resolution speak to this issue in just a moment. heartbreaking, to read that letter. Dr. While the official estimates of the recalls the incredible suffering and loss Lyzohub and all the victims of this number of Ukrainians killed by Sta- sustained by the Ukrainian people, and famine, this atrocity, must never be lin’s vicious policies during the 2 years others, as the gentleman from Illinois forgotten or ignored. Only through re- of the Ukrainian famine is about 5 mil- pointed out, as a result of intentional membrance of the victims and recogni- lion, the more considered unofficial es- policies implemented by the former So- tion of that famine can such acts of timates suggest that about 7 million viet Union which led to the deaths of senseless cruelty and violence against Ukrainians could have been killed be- at least 7 million people. Even today, humankind be prevented from hap- cause of a deliberately induced policy the magnitude and gravity of this pening again. of starvation on the people of Ukraine. atrocity remains unknown to too many I also would like to recognize Mi- This act of terror and mass murder was in the world. And this is why every 5 chael Sawkiw of the Ukrainian Con- designed to squash the national aspira- years, at least, we introduce a resolu- gress Committee of America, who has tion of the Ukrainian people. Grain tion to mark the anniversary. been in the forefront of helping to shipments were seized, the borders of As mentioned, more than 7 million bring this issue and all important Ukraine blockaded, and all the while women, men, and children died; and it issues regarding Ukraine to the atten- the Soviet regime continued to export was not because of drought or pes- tion of Members of Congress. So, Mr. large quantities of grain and suppress tilence or crop failure. It was because Speaker, House Resolution 356 provides the news of Ukraine’s suffering. of the deliberate policies of Joseph Sta- The Soviet Government successfully lin and other leaders in the Soviet us once again with an opportunity for hid this famine from the West, and Union. The Soviet Government ruth- remembrance and for recognition; and I only since the collapse of the Soviet lessly employed policies of forced col- urge all my colleagues to join the gen- Union in 1991 have we been able to ob- lectivization and grain seizures to sup- tleman from Illinois (Mr. HYDE), the tain access to documents confirming press and politically neutralize Ukrain- gentleman from California (Mr. LAN- the deliberate and premeditated mur- ian aspirations for independence. Red TOS), and me in supporting this resolu- der of vast numbers of the innocent Army soldiers performed systematic tion. men, women, and children of Ukrainian house-to-house searches where every Mr. LANTOS. Mr. Speaker, I yield heritage by Stalin’s Soviet dictator- scrap of food was taken. Grain silos back the balance of my time. ship. were guarded by military troops, and LEAVE It is a joy, Mr. Speaker, to see police denied access to even those who Mr. HYDE. Mr. Speaker, I ask unani- Ukraine take its proper place among had harvested the grain in the imme- mous consent that all Members may

VerDate jul 14 2003 00:52 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.022 H20PT1 H9694 CONGRESSIONAL RECORD — HOUSE October 20, 2003 have 5 legislative days to revise and ex- The SPEAKER pro tempore. The land, and started in motion a chain of events tend their remarks and to include ex- question is on the motion offered by ultimately leading to the dissolution of the traneous material on H. Res. 356, the the gentleman from Illinois (Mr. HYDE) Soviet Union and the Warsaw Pact; resolution under consideration. that the House suspend the rules and Whereas his criticism of such dictators as Alfred Stroessner in Paraguay, Augusto The SPEAKER pro tempore (Mr. agree to the resolution, H. Res. 356. Pinochet in Chile, and Ferdinand Marcos in BOOZMAN). Is there objection to the re- The question was taken. the Philippines encouraged opposition move- quest of the gentleman from Illinois? The SPEAKER pro tempore. In the ments that eventually brought down those There was no objection. opinion of the Chair, two-thirds of governments; Mr. HYDE. Mr. Speaker, I yield my- those present have voted in the affirm- Whereas Pope John Paul II has become the self such time as I may consume, and I ative. most traveled Pope in history, journeying would like to thank the gentleman Mr. LANTOS. Mr. Speaker, on that I more than a half million miles visiting 125 from Michigan (Mr. LEVIN) and the demand the yeas and nays. countries, conducting meetings with numer- ous government leaders during 38 official vis- gentleman from California (Mr. LAN- The yeas and nays were ordered. its, holding 690 audiences and meetings held TOS) for their extraordinarily generous The SPEAKER pro tempore. Pursu- with Heads of State and 226 audiences and remarks, and I wish to say the senti- ant to clause 8 of rule XX and the meetings with Prime Ministers; ment that animated those is indeed re- Chair’s prior announcement, further Whereas Pope John Paul II has welcomed ciprocated. proceedings on this motion will be more than 16,000,000 pilgrims in the General Mr. SMITH of New Jersey. Mr. Speaker, I postponed. Audiences which were held weekly at the am proud to be an original cosponsor of H. Vatican; and met with tens of millions of the f Res. 356. I thank and commend Mr. HYDE for faithful during pastoral visits made in Italy introducing this resolution commemorating and HONORING THE 25TH ANNIVER- and throughout the world, including more SARY OF POPE JOHN PAUL II’S than 8,000,000 pilgrims during the Great Jubi- honoring the memory of victims of an abomi- lee of the Year 2000 alone; nable act perpetrated against the people of ASCENSION TO THE PAPACY Whereas Pope John Paul II has been a pro- Ukraine in 1932–33. Seventy years ago, mil- Mr. MCCOTTER. Mr. Speaker, I move lific writer completing 14 encyclicals, 13 ap- lions of men, women and children were mur- to suspend the rules and agree to the ostolic exhortations, 11 apostolic constitu- dered by starvation so that one man, Soviet resolution (H. Res. 400) honoring the tions, and 42 apostolic letters, and he has dictator Joseph Stalin, could consolidate con- 25th anniversary of Pope John Paul II’s also published three books: ‘‘Crossing the Threshold of Hope’’ (October 1994); ‘‘Gift and trol over Ukraine. The Ukrainian people re- ascension to the papacy, as amended. sisted the Soviet policy of forced collectiviza- Mystery: On the 50th Anniversary of My The Clerk read as follows: Priestly Ordination’’ (November 1996); and tion. The innocent died a horrific death at the H. RES. 400 ‘‘Roman Tryptych—Meditations’’, a book of hands of a tyrannical dictatorship which had Whereas Karol Jo´ zef Wojtyla, known as poems (March 2003); crushed their freedom. John Paul II since his October 1978 election Whereas John Paul II has presided over 139 In an attempt to break the spirit of an inde- to the papacy, was born in Wadowice, Po- beatification ceremonies (1,311 Blesseds pro- pendent-minded Ukrainian peasantry, and ulti- land, on May 18, 1920, the day of the ‘‘Polish claimed) and 48 canonization ceremonies (469 mately to secure collectivization, Stalin or- Miracle’’, the nation’s first military victory Saints) during his pontificate, and he has dered the expropriation of all foodstuffs in the in 200 years and a day which set in motion held 9 consistories in which he created 231 hands of the rural population. The grain was events which briefly restored Poland’s inde- cardinals; pendence; Whereas in 1981, Pope John Paul II sur- shipped to other areas of the Soviet Union or vived an assassination attempt after being sold on the international market. Peasants Whereas he made his First Holy Com- munion at age 9 and was confirmed at 18, and shot twice by Mehmet Ali Agca in St. Peter’s who refused to turn over grain to the state saw his mother, father, and eldest brother all Square, whom the Pope would later person- were deported or executed. Without food or die before he turned 21, and upon graduation ally meet and forgive; grain, mass starvation ensued. This manmade from Marcin Wadowita high school in Whereas Pope John Paul II, a survivor of famine was the consequence of deliberate Wadowice, he enrolled in Cracow’s fascism, communism, and , has policies which aimed to destroy the political, Jagiellonian University in 1938 and in a been a tireless voice for morality and de- cultural and human rights of the Ukrainian school for drama; cency; and Whereas Pope John Paul II has emerged as people. Whereas the Nazi occupation forces closed Cracow’s Jagiellonian University, where he more than just a spiritual leader for the In short, food was used as a weapon in world’s Catholics, but as one of the most in- what can only be described as an organized was enrolled in 1939 and young Karol had to work in a quarry and then in a chemical fac- fluential and inspirational leaders of the 20th act of terrorism designed to suppress a peo- tory to earn his living and to avoid being de- and 21st centuries, as a consistent voice for ple’s love of their land and the basic liberty to ported to Germany; peace and human dignity: Now, therefore, be live as they choose. Whereas in 1942, aware of his call to the it Mr. Speaker, I recall back in the 1980s see- priesthood, he began courses in the clandes- Resolved, That the United States House of ing the unforgettable movie, Harvest of De- tine seminary of Cracow, run by Cardinal Representatives honors the 25th anniversary Adam Stefan Sapieha, archbishop of Cracow, of Pope John Paul II’s ascension to the pa- spair, which depicted the horrors of the Fam- pacy. ine, as well as the fine work of the congres- and at the same time, Karol Wojtylla was The SPEAKER pro tempore. Pursu- sionally-created Ukraine Famine Commission, one of the pioneers of the ‘‘Rhapsodic The- atre’’, which was forced to hold clandestine ant to the rule, the gentleman from which issued its seminal report in 1988. Their performances; Michigan (Mr. MCCOTTER) and the gen- work helped expose the truth about this hor- Whereas in 1948 he returned to Poland and tleman from California (Mr. LANTOS) rific event. I am pleased that the resolution was vicar of various parishes in Cracow as each will control 20 minutes. notes that there were those in the West, in- well as chaplain for the university students The Chair recognizes the gentleman cluding The New York Times correspondent until 1951, when he took up again his studies from Michigan (Mr. MCCOTTER). on philosophy and theology; Walter Duranty, who knowingly and delib- GENERAL LEAVE Whereas on January 13, 1964, he was nomi- erately falsified their reports to cover up the Mr. MCCOTTER. Mr. Speaker, I ask Famine because they wanted to curry favor nated Archbishop of Cracow by Pope Paul VI, who made him a cardinal June 26, 1967; unanimous consent that all Members with one of the most evil regimes in the history Whereas on October 16, 1978, Karol may have 5 legislative days to revise of mankind. Wojtylla began his pontificate as Pope John and extend their remarks and to in- The fact that this denial of the Famine took Paul II; clude extraneous material on H. Res. place then, and even much later by many Whereas Pope John Paul II has used his 400, the resolution now under consider- scholars in the West is a shameful chapter in pontificate in unique fashion, emerging as ation. our own history. more than just the leader of the Catholic The SPEAKER pro tempore. Is there Mr. Speaker, this is an important resolution Church, but a global voice against com- objection to the request of the gen- munism, oppression, and tyranny; working which will help give recognition to one of the tleman from Michigan? most horrific events in the last century in the both in public and private, to exercise his in- fluence against the forces of injustice; There was no objection. hopes that mass-murders of this kind truly be- Whereas in the 1980s, Pope John Paul II Mr. MCCOTTER. Mr. Speaker, I yield come unthinkable. was a vocal supporter of the Polish Soli- such time as he may consume to the Mr. HYDE. Mr. Speaker, I have no darity movement and his support for strik- gentleman from Illinois (Mr. HYDE). further requests for time, and I yield ing workers at the Gdansk Shipyard was a Mr. HYDE. Mr. Speaker, I thank the back the balance of my time. key to the downfall of communism in Po- gentleman from Michigan (Mr.

VerDate jul 14 2003 00:52 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.009 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9695 MCCOTTER) for yielding me this time resenting approximately 20 countries, sion, and he has committed to do so and for introducing this important res- but today represent over 60 countries. until his very last breath. He is widely olution, as well as for all his work and He has traveled more extensively recognized as a leader not only of the leadership on the Committee on Inter- throughout the world, more than any Catholic Church, but as a man of great national Relations. predecessor, visiting 129 countries, and moral authority for the entire globe. Mr. Speaker, I am honored to join in more people have seen this one man in In the 1980s, the Pope played a piv- the celebration of His Holiness, Pope person than any other human being in otal role in supporting the Polish Soli- John Paul II, who is marking his Silver history. darity movement, which was instru- Jubilee as the spiritual leader of more His Holiness has reached out in an mental in the downfall of communism than one billion Catholics around the unprecedented way to peoples of other in Poland and throughout Central and world. beliefs and religions all over the world Eastern Europe. This, in turn, helped On October 16, 1978, Cardinal Karol in an effort toward greater under- launch the chain of events that led to Wojtyla, the Archbishop of Krakow, standing, healing and harmony. He has the dissolution of Stalin’s empire and was elected Pope. This cardinal, little particularly promoted unity among the end of communist domination in known outside of his native Poland, ad- Christian churches, reconciliation with the eastern half of Europe. dressed a crowd of over 200,000 in St. the Jewish people, and a dialogue with Pope John Paul has been actively in- Peter’s Square that day and emotion- Islam. The Holy Father was the first volved in social justice causes of all ally expressed his fears about the awe- Pope to visit a synagogue and the first kinds, speaking out against dictators some responsibility of being chosen for to visit a mosque. in Paraguay, Chile, the Philippines and such a position. He also told the world His Holiness with bestowed with the traveling to 125 countries to visit with that day, ‘‘Be not afraid.’’ Congressional Gold Medal January 8, government leaders, but more impor- Twenty-five years ago tomorrow, he 2001. tantly, to visit with ordinary people. was installed as the Bishop of Rome Last week during the Silver Jubilee Under his leadership, the Vatican’s and celebrated his first mass as Pope. celebrations, Cardinal Ratzinger re- diplomacy around the globe has John Paul II is the 263rd successor of called the new Pope’s first words 25 spanned a wide range of subjects, from small arms trafficking to the great St. Peter. He was the youngest Pope in years ago. Cardinal Ratzinger was gulf between rich and poor in the devel- over a century, the first non-Italian speaking to the Holy Father, ‘‘You said oping world. One of his unique features Pope in over 450 years, and the first then that you came from a far-away was his steady fight against the plague Slav Pope. place. But we understood right away of anti-Semitism and this week when This man was formed at a remark- that the faith in Jesus Christ that the leader of Malaysia has again raised able time in human history. He knew came through your words and your per- in the ugliest form anti-Semitism at an the persecution of oppression and wit- son overcame all distances.’’ Through international gathering, the important nessed the false ideologies of the 20th the years, he continued, you have an- and decency of this Pope stands out in century. He studied for the priesthood nounced God’s will without fear, even sharp contrast. The Pope has also wel- in secrecy and lived through the Nazi when it contrasts with what men think comed tens of millions of visitors to occupation and Communist subjuga- and want.’’ I consider it an honor to be able to the Vatican. My wife, Annette, and I tion of his native Poland. He was a phi- were fortunate enough to have an audi- losopher, theologian, and pastor. He recognize Pope John Paul II on his 25th anniversary, and I ask my colleagues ence with His Holiness. We were both was instrumental in the demise of the impressed with his presence, his kind- Communist regime in Poland and to join me in paying tribute to this de- voted spiritual leader and to celebrate ness, his wisdom and with his author- played an important role in the col- ity. He is one of the most influential lapse of communism throughout cen- with the Holy Father this Jubilee. Mr. LANTOS. Mr. Speaker, I yield and inspirational leaders of our time. tral and Eastern Europe, which ended I feel particularly close to him per- the . myself such time as I may consume. Mr. Speaker, I rise in strong support sonally, Mr. Speaker, because he has The Holy Father has continued to survived the evils of both fascism and promote freedom and peace throughout of this resolution, and at the outset I want to commend my distinguished communism, as have I. This pontiff has the world during his Pontificate, a remained a constant voice for human colleagues, the gentleman from Illinois freedom based on the truth of the dignity and peace. His admonition to (Mr. HYDE) and the gentleman from ‘‘transcendent dignity’’ of each indi- forgive was most poignantly exempli- Michigan (Mr. MCCOTTER) for their vidual human person, the truth that fied by his forgiveness of the man who every human being has a dignity that work on this important resolution. Mr. Speaker, it is right and fitting attempted to kill him in St. Peter’s goes beyond Earthly advantages and Square. that we in Congress offer a resolution accomplishments. Mr. Speaker, I ask all of my col- to honor the 25th anniversary of John b 1430 leagues to join all of us who are sup- Paul II’s papacy. The Pope is a remark- porting this resolution to this remark- The Holy Father during his pontifi- able individual whose actions in the able man and to his 25 years of unique cate has expounded Catholic doctrine last quarter century have altered the and exemplary service to all mankind. and the Magisterium of the Church, course of world events. Polish-born Mr. Speaker, I reserve the balance of and has expanded the Second Vatican Karol Jozef Wojtyla became Pope John my time. Council’s engagement with modernity Paul II on October 16, 1978, a quarter Mr. MCCOTTER. Mr. Speaker, I yield and modern culture. He has accounted century ago. After a long succession of such time as he may consume to the for the Church’s past, and has pushed Western Europeans at the head of the gentleman from Florida (Mr. FOLEY). Catholic teaching into all areas of world’s largest Christian denomina- Mr. FOLEY. Mr. Speaker, I commend modern life. tion, he brought an extraordinary and the gentleman from Michigan (Mr. Perhaps most importantly for the fu- historically unique perspective to his MCCOTTER) for introducing and hon- ture, the Holy Father has truly inter- task. It was reflected in his first ad- oring Pope John Paul II. I rise in nationalized the Catholic Church. Over dress to the people who gathered that strong support of this resolution, and I the past 25 years, the number of Catho- day to see him in St. Peter’s Square, as am grateful we are discussing it today, lics worldwide has grown from 757 mil- well as to the people of faith around the 25th anniversary of his papacy. lion to over a billion, an increase of the globe. He said, ‘‘Be not afraid.’’ As a Roman Catholic whose grand- over 40 percent. In , the number This was an important message as the mother came to America from Poland, of Catholics has increased nearly 150 Soviet Union dominated not only his nothing has made me or my family percent, and in , over 80 percent. native Poland but the gigantic Soviet more proud of our heritage than has The Holy Father has internationalized Union and all the satellites in Central Pope John Paul II. For the last 25 the Roman Curia, Italians controlled and Eastern Europe. From that mo- years, he has been a constant reminder half of the top 20 Vatican departments, ment on, His Holiness has steadfastly that everything is obtainable if you and today they head only four, and the used his pontificate to speak out pour your heart and soul into the work College of Cardinals, cardinals rep- against global injustices and oppres- and trust in God’s guidance.

VerDate jul 14 2003 01:03 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.024 H20PT1 H9696 CONGRESSIONAL RECORD — HOUSE October 20, 2003 Faced with adversity since his own ling the virtues of truth, forgiveness communist world—and was later appointed to childhood, Pope John Paul II has al- and compassion toward every living the Chair of Ethics at Catholic University be- ways persevered and uplifted those cast soul. fore becoming an auxiliary bishop. aside by society, giving them hope His life demonstrates that prayer is a Pope John Paul II is a pope of many firsts. through his compassion and through means of learning, growth and under- He was the first non-Italian pope in 455 years his example. Whether it was surviving standing, always to continually be and at age 58 was the youngest pope in 132 the Nazi reign in Poland, or helping he- drawn to his knees, persevering each years. He met with Mikhail Gorbachev—the roes like Ronald Reagan end the grip of day in strong heartfelt prayer. first meeting between a pope and a Kremlin communism on the world, Pope John This simple man of prayer, of dis- chief—and also visited Cuba at the behest of Paul II never met a fight that was big- cipline, has been a Godsend these last Fidel Castro. ger or more powerful than his vision 25 years, and in God’s mercy, I hope he As the world joins him in celebrating his and his faith. sees fit to relieve John Paul of some of 25th anniversary, I hope all of us can agree And while past religious beliefs were the burden as he continues to travel that Pope John Paul II is surely a man of often barriers, Pope John II accom- along the trying road of life, leading great courage, conviction, bravery and integ- plished a mission to bridge those di- people to God. Thank you, John Paul rity. He has positively impacted the world and vides no matter how daunting the task II, for the exceptional service to man- the mark he leaves will surely inspire and or how deep the divide. He has elected kind you have given, and for being such teach generations to come. the first non-Italian pontiff in 455 a beautiful man of prayer. Ms. BORDALLO. Mr. Speaker, I rise today years. He was the first pontiff from Po- Mr. MCCOTTER. Mr. Speaker, I yield in support of House Resolution 400, honoring land, and the first pontiff from a coun- myself such time as I may consume. the 25th anniversary of Pope John Paul II’s try headed by a Marxist and atheist Briefly, this resolution is here this ascension to the papacy. I want to thank Mr. government, all circumstances that week which I appreciate, but I would McCotter for introducing the resolution. would pose huge challenges for anyone. like for the ‘‘eternal record’’ to record As the successor of Peter, Pope John Paul My Polish grandmother, who came to that any delay in this resolution, II is the beloved leader of Catholics all over America, knew some of those same en- please not be added to my sentence in the world and as we celebrate his 25th anni- trenched barriers and stereotypes that purgatory should I get that far. versary, we pay tribute to a man whose lead- this great man had to overcome at the Mr. CASTLE. Mr. Speaker, I rise today to ership, courage and compassion is a model start of his election. But in the 25 pay tribute to Pope John Paul II as the world for everyone. Through the many challenges years since that election, Pope John celebrates the 25th anniversary of his ascen- that has faced the Catholic Church and the Paul II has long surmounted those sion to the papacy. Born Karol Joozef Wojtylla world, Pope John Paul II has stood firm in his challenges and has become the world’s in Wadowice, Poland in 1920, he entered the faith. He has been unafraid to use his influ- leading voice against oppression, tyr- seminary in 1942 and was named Archbishop ence to shape world events, speaking for anny and injustice. of Krakow in 1964. Three years later, he be- peace and advocating for human rights. His Cardinal Ratzinger said, ‘‘You turn came a cardinal under Pope Paul VI. Karol willingness to reach out to the different faith to young and old, rich and poor, power- Wojtylla was named Pope John Paul II on Oct. traditions and his forgiveness of his would-be- ful and humble, and always showed ac- 16, 1978. assassin has earned him the respect of many cording to the example of Jesus Christ, Pope John Paul II means many things to and is an example for all leaders. a particular love for the poor and the many people of different faiths, cultures and Pope John Paul II has presided at 142 be- defenseless.’’ In his prayer this week- backgrounds throughout the world. Adoring atification ceremonies where he proclaimed end in St. Peter’s Square, ‘‘I renew in crowds, Catholic and non-Catholic alike, meet 1,315 Blesseds, including Blessed Diego Luis the hands of Mary, beloved Mother, the him wherever he goes to hear his messages de San Vitores of Guam, and 50 gift of myself, of the present and the of peace and hope, especially during troubled cannonization ceremonies resulting in 476 future, everything will be done accord- times. As a child he suffered greatly from the Saints of the Church. He has held 8 consis- ing to your will. Supreme Pastor, stay death of his infant sister and mother before tories in which he created 201 cardinals. among us so that we can proceed with the age of nine, only to face the death of his During his Pontificate, 17,350,000 pilgrims you securely to the house of the Fa- older brother three years later. He musters have participated in the General Audiences. ther.’’ strength, from these challenges in his child- This does not include the special audiences, Mr. Speaker, he is a real-life hero and hood and an assassination attempt on his life religious ceremonies and the millions of peo- a role model in a world that has far too in adulthood, to help others. Indeed Pope ple he has met during his pastoral visits few, and I join my colleagues in hon- John Paul II is one of the most recognized throughout the world. He has met with numer- oring Pope John Paul II in commemo- people in the world for his work on human ous government officials during 38 official vis- rating his 25th anniversary. rights and humanitarian assistance. its and the 700 audiences and meetings held Mr. MCCOTTER. Mr. Speaker, I yield Growing up during the times of Nazi Ger- with Heads of State and the 231 audiences such time as he may consumed to the many, he witnessed the very real atrocities and meetings with Prime Ministers. gentleman from Arizona (Mr. RENZI). committed against Jews, and in Poland The people of Guam were honored when Mr. RENZI. Mr. Speaker, I thank the worked to end communism by sending mes- Pope John Paul II chose to visit Guam in 1981 gentleman from Michigan (Mr. sages and instructions with priests to impris- at the invitation of Archbishop Anthony MCCOTTER) for yielding me this time. oned union leaders. He was the first pope to Apuron. Many people camped overnight in Mr. Speaker, I rise today in recogni- visit the memorial at Auschwitz to pay homage streets and parking lots near the plaza where tion of the 25 years of prayer, compas- to the victims of the Holocaust. Pope John he was to say mass. For many, this would be sion, and leadership of the man of pray- Paul II is often credited with fostering a great- their only opportunity to see him. Tens of er, Pope John Paul II. What a beautiful er understanding between Christians and thousands of people attended the service. It legacy and example Pope John Paul Jews and he leads by example, being the first was an awesome sight to see everyone, chil- has shown in his deep belief in God, in pope to ever visit a synagogue. dren with their parents and grandparents, reli- the knowledge that God created us to Pope John Paul II is also the most traveled gious and government leaders, gathered to be men and women of labor and love. pope in the 2000-year history of the church— celebrate mass with the Holy Father. It was a His Holiness has become an inspira- traveling to over 100 countries and speaking day that will never be forgotten by the people tional light to the world, and has stood eight languages, he reaches out to families of Guam. as a beacon of fight between good and and citizens in need. Often we see pictures of On behalf of the people of Guam, I fully evil. A man whose intellect and spirit the pope with sick children or ailing seniors support House Resolution 400, honoring the is delivered to others within a warm and we hear his message of generosity and 25th anniversary of Pope John Paul II’s as- conviction to consistently show love care towards others. cension of the papacy. from his big Polish heart. This good He is a scholar. Pope John Paul II studied Mr. MCCOTTER. Mr. Speaker, I have and humble man has taught us to carve at an underground seminary to become a no further requests for time, and I out our faith through prayer, a prayer priest and is an accomplished author of two yield back the balance of my time. in a deep, pure and humble manner, doctoral dissertations as well as numerous Mr. LANTOS. Mr. Speaker, I have no from the dirt of the earth, through speeches. He taught at the Catholic University further requests for time, and I yield each fiber of our being, always extol- of Lublin—the only Catholic university in the back the balance of my time.

VerDate jul 14 2003 01:03 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.012 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9697 The SPEAKER pro tempore (Mr. (1) CALIFORNIA MISSIONS.—The term ‘‘Cali- sions Foundation to match grant funds pro- BOOZMAN). The question is on the mo- fornia missions’’ means the following his- vided under this section. tion offered by the gentleman from toric Spanish missions located in the State (e) REPORT.—As a condition of a grant of California and designated as California under this section, the California Missions Michigan (Mr. MCCOTTER) that the Registered Historical Landmarks: Foundation shall submit to the Secretary an House suspend the rules and agree to (A) Mission La Purisima Concepcion, annual report on the status of the preserva- the resolution, H. Res. 400, as amended. Lompoc. tion efforts undertaken using grant funds The question was taken. (B) Mission La Soledad, Soledad. provided under this section. The Secretary The SPEAKER pro tempore. In the (C) Mission San Antonio de Padua, Jolon. shall submit a copy of each report to Con- opinion of the Chair, two-thirds of (D) Mission San Buenaventura, Ventura. gress. those present have voted in the affirm- (E) Mission San Carlos Borromeo del Rio (f) AUTHORIZATION OF APPROPRIATIONS.— Carmelo, Carmel. There is authorized to be appropriated to the ative. Secretary a total of $10,000,000 during the (F) Mission San Diego Alcala, San Diego. Mr. LANTOS. Mr. Speaker, on that I five-fiscal year period beginning October 1, (G) Mission San Fernando Rey de Espana, demand the yeas and nays. 2003, to make grants under this section. Mission Hills. The yeas and nays were ordered. Funds appropriated pursuant to the author- (H) Mission San Francisco de Asis, San The SPEAKER pro tempore. Pursu- ization of appropriations in this section shall Francisco. ant to clause 8 of rule XX and the be in addition to any funds made available (I) Mission San Francisco Solano, Sonoma. for preservation efforts in the State of Cali- Chair’s prior announcement, further (J) Mission San Gabriel Arcangel, San Ga- proceedings on this motion will be fornia under the National Historic Preserva- briel. tion Act. postponed. (K) Mission San Jose, Fremont. The SPEAKER pro tempore (Mr. f (L) Mission San Juan Bautista, San Juan Bautista. BOOZMAN). Pursuant to the rule, the b 1445 (M) Mission San Juan Capistrano, San gentleman from Arizona (Mr. RENZI) CALIFORNIA MISSIONS Juan Capistrano. and the gentleman from New Jersey PRESERVATION ACT (N) Mission San Luis Obispo de Tolosa and (Mr. PALLONE) each will control 20 min- its Asistencia (sub-mission) of Santa Mar- utes. Mr. RENZI. Mr. Speaker, I move to garita de Cortona, San Luis Obispo. The Chair recognizes the gentleman suspend the rules and pass the bill (O) Mission San Luis Rey de Francia and from Arizona (Mr. RENZI). (H.R. 1446) to support the efforts of the its Asistencia (sub-mission), Oceanside. Mr. RENZI. Mr. Speaker, I yield my- California Missions Foundation to re- (P) Mission San Miguel Arcangel, San self such time as I may consume. store and repair the Spanish colonial Miguel. Mr. Speaker, H.R. 1446, introduced by and mission-era missions in the State (Q) Mission San Rafael Arcangel, San the gentleman from California (Mr. Rafael. of California and to preserve the (R) Mission Santa Barbara Virgen y FARR), would authorize the Secretary artworks and artifacts of those mis- Martir, Santa Barbara. of the Interior to make matching sions, and for other purposes. (S) Mission Santa Clara de Asis, Santa grants to the California Missions Foun- The Clerk read as follows: Clara. dation to support the efforts of the H.R. 1446 (T) Mission Santa Cruz, Santa Cruz. foundation to restore and repair the Be it enacted by the Senate and House of Rep- (U) Mission Santa Ines Virgen y Martir, California missions and to preserve the resentatives of the United States of America in Solvang. artworks and artifacts associated with Congress assembled, (V) Asistencia San Antonio de Pala, Pala. the California missions. Currently, the SECTION 1. SHORT TITLE. (2) CALIFORNIA MISSIONS FOUNDATION.—The 21 California missions of the El Camino This Act may be cited as the ‘‘California term ‘‘California Missions Foundation’’ Real, or Royal Highway, have had to Missions Preservation Act’’. means the charitable corporation established in the State of California in 1998 to fund the rely on nominal entrance fees, sales SEC. 2. FINDINGS. from gift shops, donations and special Congress finds the following: restoration and repair of the California mis- sions and the preservation of the Spanish co- events to cover their operating ex- (1) The California missions represent some penses. Unfortunately, these sources of of our Nation’s oldest historical treasures. lonial and mission-era artworks and arti- (2) The first of the California missions was facts of the California missions. The Founda- income have not been enough to keep founded in 1769, and eventually a chain of 21 tion is exempt from State franchise and in- up with the increasing structural needs missions and various sub-missions extended come tax and is organized and operated ex- of these aging missions that date back along the coast of California on El Camino clusively for charitable purposes under sec- all the way to 1769, when Father Serra Real. tion 501(c)(3) of the Internal Revenue Code of founded Alta California, the first Span- (3) The California missions contribute 1986. ish mission in California. Today over 5 greatly to the rich historical, cultural, and (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. million people annually visit the mis- architectural heritage of California and the sion system, and it is obvious to many American West. (b) GRANTS AUTHORIZED.—The Secretary of the Interior may make grants to the Cali- that outside financial help is needed. (4) The knowledge and cultural influence of The California Missions Foundation, native California Indians made a lasting con- fornia Missions Foundation to support the tribution to the early settlement of Cali- efforts of the California Missions Foundation a charitable corporation established in fornia and the development of the California to restore and repair the California missions California in 1998, is dedicated to rais- missions. and to preserve the artworks and artifacts ing funds for the ongoing preservation, (5) More than 5,300,000 people visit the Cali- associated with the California missions. As restoration, and maintenance needs of fornia missions annually, and the historical provided in section 101(e)(4) of the National the California missions to ensure that importance of the California missions ex- Historic Preservation Act (16 U.S.C. their historical legacy is kept alive for 470a(e)(4)), the Secretary shall ensure that tends worldwide as they have become a fre- future generations. As a condition of a quent destination for foreign visitors to the the purpose of a grant under this section is secular, does not promote religion, and seeks grant, the foundation must submit to United States. the Secretary an annual report on the (6) The history of the California missions is to protect those qualities that are histori- an important educational component in Cali- cally significant. status of the preservation efforts. fornia schools, and the study of the Cali- (c) APPLICATION.—In order to receive a I urge my colleagues to support H.R. fornia missions is part of the Statewide grant under this section for the preservation 1446. fourth grade curricula on California history. of the California missions, the California Mr. Speaker, I reserve the balance of (7) Restoration and repair of the California Missions Foundation shall submit to the my time. missions, and the preservation of the Span- Secretary an application that includes— Mr. PALLONE. Mr. Speaker, I yield ish colonial and mission-era artworks and (1) a status report on the condition of the myself such time as I may consume. artifacts of the California missions, for the infrastructure and artifacts for each of the (Mr. PALLONE asked and was given public enjoyment will ensure that future California missions; and permission to revise and extend his re- generations also have the benefit of experi- (2) a comprehensive program for restora- marks.) encing and appreciating these great symbols tion, repair, and preservation of such infra- Mr. PALLONE. Mr. Speaker, H.R. structure and artifacts, including prioritized of the spirit of exploration and discovery in 1446, introduced by the gentleman from the American West. preservation efforts to be conducted over a 5- California (Mr. FARR), is a bipartisan SEC. 3. SUPPORT FOR THE RESTORATION AND year period and the estimated costs of such PRESERVATION OF THE CALIFORNIA preservation efforts. and noncontroversial measure that au- MISSIONS. (d) MATCHING FUND REQUIREMENT.—The thorizes grants to support the restora- (a) DEFINITIONS.—In this section: Secretary shall require the California Mis- tion and preservation of the historic

VerDate jul 14 2003 01:03 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.013 H20PT1 H9698 CONGRESSIONAL RECORD — HOUSE October 20, 2003 California missions. The California tions that define California’s heritage, dation’s funding review committee re- missions, dating back to the mid-1700s, none has the historic significance and views. The foundation board of direc- are important historical and cultural emotional impact of the chain of Span- tors assesses the proposal and has final resources that made significant con- ish missions that stretch from San approval on all restoration projects tributions to the settlement of Cali- Diego to Sonoma. The missions are an funded. The missions are required to fornia and the American West. In early important part of the State’s cultural submit timely progress reports and an California, these 21 missions were the fabric and must be preserved as price- accounting to the foundation on all center of the social, economic, and reli- less historic monuments. They are a projects funded. gious development of the region. living link to our past. Since the Spanish friars and native The $10 million in historic preserva- The missions stand as landmarks of peoples joined together in building tion grants authorized by H.R. 1446 will more than 2 centuries and are recog- these settlements, the land we call help restore and preserve these historic nized for the important impact they California has been shaped and influ- missions for the benefit of all Ameri- have had on the development of Cali- enced by what they accomplished in cans. Under the terms of the legisla- fornia, including California art, archi- the most ambitious undertaking. From tion, the Federal funds must be tecture, agriculture, food, music, lan- the vineyards of Sonoma to the matched by funds from non-Federal guage, apparel, and recreation. The ranches of Santa Barbara to the adobe sources and will be used for secular missions help drive tourism, the arcades and red tile roofs of San Diego, purposes to protect those qualities of State’s third largest industry. These the California missions have left their the missions that are historically sig- symbols of California are the most vis- mark on who we are and what we have nificant. ited historical attractions in the State, become. Mr. Speaker, as I noted earlier, H.R. attracting over 5.3 million visitors a H.R. 1446 presents us with the oppor- 1446 is bipartisan legislation. It has the year. They account for a sizable con- tunity to address the needs of the mis- cosponsorship of 48 members of the tribution to the State’s economy from sions and to preserve an integral part California delegation. The legislation millions of tourists, including a large of our Nation’s history and the herit- is relatively small in terms of the number of international visitors. And age of the West that combines with the amount of money, but important in an they have become synonymous with East to make this truly the United effort to preserve these missions and the State’s fourth grade curriculum. States. the historical and cultural history that Students build mission models and Ms. WOOLSEY. Mr. Speaker, I rise in sup- they embody. I support the bill and write research reports as part of Cali- port of H.R. 1446, the California Missions urge its adoption by the House today. fornia history lessons. This serves as Preservation Act. I would like to thank the Mr. Speaker, I reserve the balance of an important education function in gentleman for introducing this bill, and I am my time. teaching young students about the role proud to be an original cosponsor. Mr. RENZI. Mr. Speaker, I reserve of missions in the history of our State The California Missions provide such an im- the balance of my time. and our Nation. portant part of California’s past and their his- Mr. PALLONE. Mr. Speaker, I yield 6 For 230 years, the missions have tory can be traced to 1493, just after the dis- minutes to the gentleman from Cali- stood as symbols of Western explo- covery of America. The sixth district of Cali- fornia (Mr. FARR). ration and settlement. Time, natural fornia, north of San Francisco and just over Mr. FARR. Mr. Speaker, I rise in sup- deterioration, and neglect have taken a the Golden Gate Bridge, which I am pleased port of H.R. 1446, which is known as the toll on the missions. Some are crum- to represent, is fortunate to have one of these California Missions Preservation Act. bling and are at risk of full destruc- missions and another just outside of the sixth This is truly a bipartisan piece of legis- tion. Most need preservation and seis- district that my constituents visit. lation cosponsored by 48 of my Cali- mic work to restore their antique beau- The San Raphael mission was originally fornia colleagues. I also want to thank ty and bring them up to modern safety built in 1817 as an outpost chapel of the San the efforts of the gentleman from Cali- standards. Without immediate repairs, Francisco mission. Named for Saint Raphael, fornia (Mr. POMBO) and the gentleman these centuries-old structures could be the angel of bodily healing, it was thought that from West (Mr. RAHALL) for lost. The need is urgent and of near-cri- the sunny hillside on the north side of the bay moving this legislation to the floor sis proportions: rotting roofs, cracking would be a good place for the sick to con- today. tiles, crumbling adobe. The backlog of valesce. In fact, it is the first known sanitarium Mr. Speaker, even before the fuse needed repairs is long, the price tag is in California. In five years it was a healthy set- that led to the explosion of American high, and the message is clear: the tlement and became an independent mission independence was lit at the Boston Tea California missions need our help. Now. on October 19, 1822. After it was secularized, Party, the first California mission was H.R. 1446 will provide an important the mission fell into ruin and in 1854 the origi- established in San Diego in 1769. The step toward addressing some of the nal mission was torn down. In 1947 a new last mission in the chain was estab- most severe problems the missions are mission was built, near the original site, based lished in 1823 in Sonoma. All 21 mis- facing. This legislation provides au- on a painting of the old mission. sions are California registered histor- thorization for funding of up to $10 mil- The San Francisco Solano Mission, founded ical landmarks, seven of which have lion over 5 years. In partnership with in 1823, was the last and most northerly of the Federal status of national historical the State of California and in partner- 21 Franciscan missions of Alta California. landmarks. I am fortunate to have five ship with the California Missions Foun- Sonoma Mission, as it is popularly called, was of the 21 missions in my congressional dation, a statewide funding campaign the dedicated goal of the young and zealous district extending along the coast of has begun. Under this legislation, the Padre Jose Altimira. He headed into the north- California on what is known as the El process requires that each mission sub- ern wilderness to find a more healthy location Camino Real, or the King’s Highway, mit a list to the foundation of its most for a mission than the crowded San Francisco that would link the missions, now com- urgent preservation needs. All mission de Asis Mission. In Sonoma Valley he found monly known as Highway 101. Those repairs and restoration projects are re- his ideal location, with fertile soil and mild, missions are in Santa Cruz, in San viewed, approved, and supervised by sunny climate. Juan Bautista, in the city of Soledad, a professionals qualified in the dis- Secularization of the mission in 1834 was mission called San Antonio de Padua ciplines of history, history archae- followed by neglect and decay. In 1881 the which is in Fort Hunter Liggett; and in ology, architectural history, planning, church and padres’ quarters were sold and my own hometown of Carmel, San Car- architecture, folklore, cultural anthro- used as a hay barn, winery and blacksmith los Borromeo del Rio Carmelo, known pology, curation, conservation, land- shop. However, the mission was rescued from as Carmel Mission. scape architecture, or related fields. disintegration in 1903 when it was bought by The California missions represent a Projects must be accomplished in ac- the Historic Landmarks League and turned historic vein running through the cordance with the applicable Secretary over to the State. Full restoration began in State from the south to the north. of the Interior’s standards for the 1911. They also symbolize the east to west treatment of historical properties. All There is still more to do to restore these his- exploration that expanded our Nation repairs and capital improvements must toric treasures. It is important that we save to its four corners. Of all the institu- have competitive bids, which the foun- these missions so that we can pass on their

VerDate jul 14 2003 01:03 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\K20OC7.015 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9699 history to future generations. Mr. Speaker, I RENZI) that the House suspend the the surface rights of the land to its urge my colleagues to join me in support of rules and pass the bill, H.R. 1446. rightful owners. That bill did not con- this bill. The question was taken; and (two- vey the mineral rights to the private Ms. LEE. Mr. Speaker, I would like to ac- thirds having voted in favor thereof) owners. Historical precedent, however, knowledge my California colleagues, Con- the rules were suspended and the bill shows that the mineral rights should gressman FARR, Congressman DREIER, Con- was passed. have been conveyed to them at the gressman CALVERT and Congresswoman A motion to reconsider was laid on time, since private landholders in the CAPPS for leading the effort on this important the table. Louisiana Purchase territory were legislation. f given title to both surface and sub- Preserving our California culture, art and surface property rights. REPEALING RESERVATION OF history is a priority for our entire delegation as Because the Federal Government was MINERAL RIGHTS IN LIVING- evidenced by this bill’s long list of cosponsors. never actually entitled to the 640 acres STON PARISH, LOUISIANA The $10 million this legislation provides for the in Livingston Parish, the mineral 21 missions will stimulate our economy Mr. RENZI. Mr. Speaker, I move to rights should be conveyed to the right- through tourism, the minds of our youth suspend the rules and pass the bill ful and patient owners of this property. through education, and will help preserve our (H.R. 542) to repeal the reservation of Incidentally, there is currently no oil history for generations to come. I am a proud mineral rights made by the United and gas development on these lands supporter of this bi-partisan endeavor to save States when certain lands in Living- and the U.S. Geological Survey reports and restore our historic landmarks. ston Parish, Louisiana, were conveyed potential for only marginal minerals Ms. PELOSI. Mr. Speaker, I am pleased to by Public Law 102–562. production. H.R. 542 conveys these rise in support of H.R. 1446, the California The Clerk read as follows: property owners their mineral rights and corrects a 200-year-old bureau- Missions Preservation Act. This legislation will H.R. 542 cratic error. provide $10 million in matching grants for the Be it enacted by the Senate and House of Rep- I urge my colleagues to support the preservation of California’s 21 historic mis- resentatives of the United States of America in legislation. sions, to be matched with $50 million in pri- Congress assembled, Mr. Speaker, I reserve the balance of vate donations. The missions are the most fre- SECTION 1. REPEAL OF RESERVATION OF MIN- my time. quently visited historical attractions in the ERAL RIGHTS, LIVINGSTON PARISH, LOUISIANA. Mr. PALLONE. Mr. Speaker, I yield state, receiving more than 5.3 million visitors (a) AMENDMENTS.—Section 102 of Public myself such time as I may consume. annually. Law 102–562 (106 Stat. 4234) is amended— (Mr. PALLONE asked and was given As every California schoolchild learns, the (1) by striking ‘‘(a) IN GENERAL.—’’; permission to revise and extend his re- missions shaped the future of California. Built (2) by striking ‘‘and subject to the reserva- marks.) between 1769 and 1798, the missions were tion in subsection (b),’’; and Mr. PALLONE. Mr. Speaker, H.R. 542 the first European settlements in our region (3) by striking subsection (b). would repeal the reservation of mineral and formed a chain along the coast from San (b) IMPLEMENTATION OF AMENDMENT.—The rights made by the United States when Diego to Sonoma. Each mission became a Secretary of the Interior shall execute the lands in Livingston Parish, Louisiana, bustling settlement inhabited by Europeans legal instruments necessary to effectuate the were conveyed by Public Law 102–562, amendment made by subsection (a)(3). and Native Americans. which was enacted in 1992. The Con- Mission San Francisco de Asis, the sixth The SPEAKER pro tempore. Pursu- gressional Budget Office’s cost esti- mission to be created, was founded on June ant to the rule, the gentleman from Ar- mate of the proposed legislation found 29, 1776, just give days before the signing of izona (Mr. RENZI) and the gentleman that any foregoing receipts to the the Declaration of Independence on the oppo- from New Jersey (Mr. PALLONE) each United States would be negligible. site side of the continent. Popularly known as will control 20 minutes. Mr. Speaker, we would have preferred Mission Dolores, it grew to become the great The Chair recognizes the gentleman that this bill be considered under reg- City of San Francisco. It now lies near the ge- from Arizona (Mr. RENZI). ular order with a hearing in the Com- ographic center of the city and at the heart of Mr. RENZI. Mr. Speaker, I yield my- mittee on Resources prior to markup the city’s cultural and religious life. self such time as I may consume. and floor consideration. However, we Built with adobe and massive beams of se- H.R. 542, introduced by the gen- will not object to its consideration quoia wood, Mission Dolores survived the dev- tleman from Louisiana (Mr. BAKER), today. astating earthquake of 1906 practically without would give private citizens in Living- b 1500 ston Parish, Louisiana, mineral rights damage. But as the oldest building in San Mr. Speaker, I reserve the balance of Francisco, Mission Dolores is suffering the that have been rightfully theirs for generations. The 640 acres of land in my time. ravages of time and heavy usage. The main Mr. RENZI. Mr. Speaker, I yield such question were held in private owner- altar, two side alters, the statuary, the gar- time as he may consume to the gen- ship when the United States purchased dens, and the cemetery are in need of repair tleman from Louisiana (Mr. BAKER), the Louisiana Territory from France in and restoration. The mission museum must be the author of this bill. enlarged and upgraded to ensure that mission 1803; but due to poor recordkeeping by Mr. BAKER. Mr. Speaker, I thank artifacts are properly preserved and protected. French colonial authorities, the Fed- the gentleman for yielding me this Funds are needed for the construction of a eral Government ultimately came into time, and I wish to express my appre- memorial honoring the Native Americans on possession of the title to this property. ciation to him and the minority for whom the success and the very survival of the The citizens who rightfully held the their courtesies extended in the consid- mission depended. land remained on the land for nearly 2 eration of this important measure. While Mission Dolores needs significant re- centuries. In 1825, an order of survey As has been previously recited, at the pairs and improvements, some of the other was signed by a Federal agent assert- time of the Louisiana Purchase in 1803, missions are at even greater risk, needing ing the landowner’s claim to the land, the French law provided that the State seismic retrofits to ensure that they survive the but those documents were never filed at that time would maintain control of next earthquake. If we lose these missions, in Washington. Again, in 1875 the own- mineral rights. Upon the acquisition of we will lose an essential strand in the fabric of ers’ claim was acknowledged but a land the property by the United States Gov- our state’s history. I urge my colleagues to patent was never issued. Finally, in the ernment, there was an effort to restore vote for the California Missions Preservation late 1960s and early 1970s, the Federal mineral rights with surface rights. On Act. Government surveyed the inventory of March 3, 1819, Congress passed an act Mr. PALLONE. Mr. Speaker, I have Louisiana properties and discovered adjusting the claims to land, estab- no further requests for time, and I that no patent had been issued for the lishing land offices in the district east yield back the balance of my time. Livingston Parish properties in ques- of the island of New Orleans. Specifi- Mr. RENZI. Mr. Speaker, I yield back tion. While some legislative attempts cally, this was aimed at the property the balance of my time. were made, it was not until 1992 that now in question. The SPEAKER pro tempore. The the gentleman from Louisiana (Mr. For some 200 years, the property question is on the motion offered by BAKER) and Senator J. Bennett John- rights and mineral rights have been le- the gentleman from Arizona (Mr. ston passed legislation that conveyed gally and arbitrarily separated. In 1992,

VerDate jul 14 2003 01:03 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.014 H20PT1 H9700 CONGRESSIONAL RECORD — HOUSE October 20, 2003 I offered legislation which conveyed Protective Act and the Yukon River GILCHREST), chairman of the Sub- only surface rights of the property to Salmon Act. committee on Fisheries Conservation, the landowners now awaiting resolu- At the hearing the Fisheries Con- Wildlife and Oceans, for introducing tion. At that time, there was some de- servation, Wildlife and Oceans Sub- this legislation and in expediting its bate as to the value of these mineral committee held on May 22, 2003, we consideration by the committee. And I rights to the United States Govern- heard from the Departments of State, also want to commend the gentleman ment. Pursuant to the intervening dec- Interior, and Commerce on the signifi- from California (Mr. POMBO), chairman ade, there is now a geological survey cance of these two laws. Without going of the Committee on Resources, and his determination that any such value into any of the details about the suc- staff for their cooperation in working would be so minimal in effect as to not cesses of these two laws, let me state with Democratic Members to clear this adversely affect any taxpayer interest that reauthorizing these laws will pro- noncontroversial legislation for the by transferring these unquestioned vide Federal assistance to important floor. I urge the House to adopt the mineral rights to the rightful owner. conservation work being done on the bill. I respectfully request that the House shared salmon stocks of the Yukon Mr. Speaker, I have no further re- do now consider and adopt H.R. 542 in River. Without a new agreement on the quests for time, I yield back the bal- order to restore the property rights shared Yukon River stocks, we are not ance of my time. with mineral rights to those who have able to work together with Canada on Mr. RENZI. Mr. Speaker, I have no been waiting 200 years for resolution. research, restoration, and management further requests for time, and I yield Mr. PALLONE. Mr. Speaker, I have of these unique salmon stocks. back the balance of time. no further requests for time, and I In addition, this legislation will con- The SPEAKER pro tempore. The yield back the balance of my time. tinue an important self-funded insur- question is on the motion offered by Mr. RENZI. Mr. Speaker, I have no ance program for U.S. fishermen who the gentleman from Arizona (Mr. further requests for time, and I yield fish outside of U.S. waters as well as RENZI) that the House suspend the back the balance of my time. maintain a critical provision in the rules and pass the bill, H.R. 2048, as The SPEAKER pro tempore (Mr. Fishermen’s Protective Act that allows amended. the United States to take action BOOZMAN). The question is on the mo- The question was taken; and (two- tion offered by the gentleman from Ar- against nations that are not in compli- thirds having voted in favor thereof) ance with international fishery con- izona (Mr. RENZI) that the House sus- the rules were suspended and the bill, pend the rules and pass the bill, H.R. servation and management agree- as amended, was passed. 542. ments. The title of the bill was amended so At a time when there has been much The question was taken; and (two- as to read: ‘‘A bill to extend the period media attention on the status of our thirds having voted in favor thereof) for reimbursement under the Fisher- marine fisheries and in particular the rules were suspended and the bill men’s Protective Act of 1967, and to re- those large, highly-migratory species, was passed. the Pelly Amendment allows the authorize the Yukon River Salmon Act A motion to reconsider was laid on United States to hold our trading part- of 2000.’’ the table. ners accountable if they are not in A motion to reconsider was laid on f compliance with internationally- the table. INTERNATIONAL FISHERIES agreed-upon management regimes. f REAUTHORIZATION ACT OF 2003 This legislation is a critical compo- GENERAL LEAVE nent to continuing the process we are Mr. RENZI. Mr. Speaker, I move to Mr. RENZI. Mr. Speaker, I ask unani- making on sustainable international suspend the rules and pass the bill mous consent that all Members may fishery agreements, and I urge Mem- (H.R. 2048) to extend the period for re- have 5 legislative days within which to bers to support this important legisla- imbursement under the Fishermen’s revise and extend their remarks and in- tion. Protective Act of 1967, and to reauthor- Mr. Speaker, I urge my colleagues to clude extraneous material on the bills, ize the Yukon River Restoration and support H.R. 2048. H.R. 1446, H.R. 542, and H.R. 2048. Enhancement Fund, as amended. Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Is there The Clerk read as follows: my time. objection to the request of the gen- H.R. 2048 Mr. PALLONE. Mr. Speaker, I yield tleman from Arizona? Be it enacted by the Senate and House of Rep- myself such time as I may consume. There was no objection. resentatives of the United States of America in (Mr. PALLONE asked and was given f Congress assembled, permission to revise and extend his re- EDWARD O’GRADY, WAVERLY SECTION 1. SHORT TITLE. marks.) BROWN, PETER PAIGE POST OF- This Act may be cited as the ‘‘International Mr. PALLONE. Mr. Speaker, I rise in FICE BUILDING Fisheries Reauthorization Act of 2003’’. support of the bill. SEC. 2. EXTENSION OF PERIOD FOR REIMBURSE- Effective international fisheries Mr. SHAYS. Mr. Speaker, I move to MENT UNDER FISHERMEN’S PROTEC- agreements are critical for both eco- suspend the rules and pass the Senate TIVE ACT OF 1967. nomic and ecological reasons. Improper bill (S. 1591) to redesignate the facility Section 7(e) of the Fishermen’s Protective Act of the United States Postal Service lo- of 1967 (22 U.S.C. 1977(e)) is amended by striking or unfair management of international ‘‘2003’’ and inserting ‘‘2008’’. fisheries costs our constituents mil- cated at 48 South Broadway, Nyack, SEC. 3. REAUTHORIZATION OF YUKON RIVER lions of dollars in lost revenue each New York, as the ‘‘Edward O’Grady, SALMON ACT OF 2000. year. And our oceans are a global re- Waverly Brown, Peter Paige Post Of- Section 208 of the Yukon River Salmon Act of source: fish and habitats on which they fice Building.’’ 2000 (16 U.S.C. 5727) is amended by striking depend do not respect national bound- The Clerk read as follows: ‘‘2000’’ and all that follows through ‘‘2003’’ and aries. This bill, H.R. 2048, would reau- S. 1591 inserting ‘‘2004 through 2008’’. thorize two important fisheries laws: Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Pursu- the Fishermen’s Protective Act and the resentatives of the United States of America in ant to the rule, the gentleman from Ar- Yukon River Salmon Act. Congress assembled, izona (Mr. RENZI) and the gentleman Congress has both a right and a duty SECTION 1. DESIGNATION OF BUILDING. from New Jersey (Mr. PALLONE) each to protect our fishermen’s interests in (a) DESIGNATION.—The facility of the will control 20 minutes. the global resources market. It re- United States Postal Service located at 48 The Chair recognizes the gentleman mains vital that our fishermen are able South Broadway, Nyack, New York, and from Arizona (Mr. RENZI). to work harmoniously with fishermen known as the ‘‘Nyack Post Office’’ shall be Mr. RENZI. Mr. Speaker, I yield my- known as the ‘‘Edward O’Grady, Waverly from neighboring countries, and reau- Brown, Peter Paige Post Office Building’’. self such time as I may consume. thorization of these acts will ensure fu- (b) REFERENCES.—Any reference in a law, Mr. Speaker, H.R. 2048 reauthorizes ture cooperation. map, regulation, document, paper, or other two important laws dealing with inter- Mr. Speaker, I want to thank the record of the United States to the facility re- national fisheries: the Fishermen’s gentleman from Maryland (Mr. ferred to shall be deemed to be a reference to

VerDate jul 14 2003 01:03 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.027 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9701 the ‘‘Edward O’Grady, Waverly Brown, Peter verly Brown, and Peter Paige. I also has the support of the entire 29-mem- Paige Post Office Building’’. congratulate the Senator for having S. ber New York State delegation in the The SPEAKER pro tempore. Pursu- 1591 considered by the House, and I House. It is a true testament to those ant to the rule, the gentleman from want to recognize the gentleman from three brave men who helped prevent Connecticut (Mr. SHAYS) and the gen- New York (Mr. ENGEL) for introducing the deaths of countless others 22 years tleman from Illinois (Mr. DAVIS) each an identical piece of legislation, H.R. ago today when an armed gang at- will control 20 minutes. 3167, in this body. He, certainly, also tempted to rob a Brinks armored truck The Chair recognizes the gentleman should be commended for his work to in the middle of the day at a crowded from Connecticut (Mr. SHAYS). commemorate the lives of these three mall with no regard for the lives that GENERAL LEAVE men. would fall in their wake. The naming of Mr. SHAYS. Mr. Speaker, I ask unan- Mr. Speaker, I strongly urge all this Federal building will serve as a imous consent that all Members may Members to support the passage of S. living memorial to these fine men who have 5 legislative days within which to 1591. made the ultimate sacrifice while serv- revise and extend their remarks on the Mr. Speaker, I reserve the balance of ing their community. bill under consideration. my time. Mr. Speaker, there are few events The SPEAKER pro tempore. Is there Mr. DAVIS of Illinois. Mr. Speaker, I that rock a community such as this. objection to the request of the gen- yield myself such time as I may con- To this day, the people of Rockland tleman from Connecticut? sume. County can recount the events of Octo- There was no objection. As a member of the Committee on ber 20, 1981, as if it were yesterday. Mr. SHAYS. Mr. Speaker, I yield my- Government Reform, I rise in support This wonderful, tranquil community self such time as I may consume. of S. 1591, legislation naming a postal was awakened by the stark gunfire of a Mr. Speaker, S. 1591 introduced by facility in Nyack, New York, after Ed- gang of heavily armed murderers and Senator CHARLES SCHUMER of New ward O’Grady, Waverly Brown, and thieves who struck at the heart of the York, designates this postal service fa- Peter Paige. This measure was intro- community, the Nanuet Mall, where cility in Nyack, New York as the ‘‘Ed- duced by Senator CHARLES SCHUMER on children and families shop, eat, and ward O’Grady, Waverly Brown, Peter September 8, 2003. S. 1591 was unani- spend time throughout the year. This Paige Post Office Building.’’ The three mously passed by the Senate and brazen act forever changed Rockland namesakes of this post office designa- unanimously approved by the Com- County and the families of those tion were tragically killed during a mittee on Government Reform. The gunned down. malicious robbery of a Brinks Corpora- gentleman from New York (Mr. ENGEL) It is reassuring to know that Peter tion armored vehicle on October 20, has an identical bill, H.R. 3167, that has Paige, Edward O’Grady, and Waverly 1981, 22 years ago today. This bill has met the committee cosponsorship pol- Brown did not die in vain. After this already passed the other body, and I icy and has the support of the entire horrific incident, Rockland County im- am pleased the House is taking it up New York delegation. plemented new training measures and today. Twenty-two years ago on October 20, policies that have saved the lives of On that dreadful October day in 1981, 1981, members of a radical group, the many officers over the last 22 years. a gang attacked a Brinks armored car Weather Underground, killed two po- In addition to better coordination in broad daylight outside a shopping lice officers and a Brinks guard in two with State and Federal agencies, the mall in the New York City suburb of separate but deadly incidents. On that Rockland County Police Department Nyack. The two guards, Peter Paige Wednesday, gunmen held up an ar- also began rigorous new training pro- and Joseph Trombino, were both shot, mored vehicle just outside the Nanuet grams designed to deal with these and Paige died from his wounds. The National Bank and killed Brinks guard types of crises. These new policies un- ruthless gang also shot and killed Peter Paige. Minutes later, while on doubtedly enhanced the Rockland PD’s Nyack police officers Edward O’Grady the run, the killers opened fire and response to September 11 and the sub- and Waverly Brown, who courageously mortally wounded two Nyack police- sequent war on terror. responded to the robbery. men, Edward O’Grady and Waverly Also, every year on October 20, and as Mr. Speaker, this senseless, wicked Brown. These men paid the ultimate we are speaking now this is happening crime ended the lives of these three sacrifice for doing their job and died in at this moment, the community gath- men who were each carrying out their the line of duty. ers at a park on the Hudson River dedi- daily duties 22 years ago today. With Mr. Speaker, I commend Senator cated to their memory to honor their the enactment of S. 1591, this post of- SCHUMER and the gentleman from New lives and their heroism. Today, the fice in Nyack will forever carry the York (Mr. ENGEL) for seeking to honor loved ones of these fine men are there names of these three slain heroes. the memory of these slain individuals remembering their son, their father, Peter Paige dutifully served the by naming a postal facility in their their friend. I am honored and humbled Brinks Corporation for 25 years as a se- honor. I am indeed pleased to join with to inform them that the House of Rep- curity guard prior to the 1981 robbery. the gentleman from Connecticut (Mr. resentatives is recognizing them as He was a gentle, yet diligent man, who SHAYS) in consideration of this meas- well, and that the memory will be for- was known by his colleagues, friends, ure and urge its swift passage. ever imprinted on Rockland County and family for his selflessness. and, indeed, on our entire Nation. Waverly Brown was a caring and dis- b 1515 This honor comes at a difficult time ciplined Nyack police officer who Mr. DAVIS of Illinois. Mr. Speaker, I for the families of the victims as a par- earned a reputation as a no-nonsense yield such time as he may consume to ticipant in the robbery, Kathy Boudin, law enforcer. In addition, Officer the gentleman from New York (Mr. was recently paroled. Although she has Brown was known for his aptitude in ENGEL), the sponsor of this legislation. regained her freedom, the lives of Ed- the kitchen, as he regularly prepared Mr. ENGEL. Mr. Speaker, I thank my ward O’Grady, Waverly Brown, and meals for his fellow officers at his sta- friend from Illinois for yielding time, Peter Paige can never be replaced and tion. as well as my friend from Connecticut. the wounds their families and friends Edward O’Grady also served with the Mr. Speaker, I rise in support of S. and the community still feel can never police force in the Village of Nyack. 1591, legislation I have worked on with be healed. So, again, this is a fitting Prior to his police service, Mr. O’Grady our Senator, Senator SCHUMER, to tribute to the memory of those lost was a Marine who served two tours, name the United States Postal Service and the lives of those still with us who two tours, in . He also self- facility at 48 South Broadway in grieved for their loved ones. lessly worked with the Volunteer Fire Nyack, New York, in my district, after Mr. Speaker, I want to thank both Department in his hometown of Nyack. three heroes: Nyack Police Officers Ed- the chairman of the Committee on Mr. Speaker, I commend the Senator ward O’Grady and Waverly Brown, and Government Reform, the gentleman from New York for helping us all to re- Brinks Guard Peter Paige. from Virginia (Mr. TOM DAVIS), and the member the wonderful lives as well as I am proud to have introduced H.R. ranking member, the gentleman from the sacrifices of Edward O’Grady, Wa- 3167, the House version of this bill, that California (Mr. WAXMAN), for moving

VerDate jul 14 2003 01:03 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.008 H20PT1 H9702 CONGRESSIONAL RECORD — HOUSE October 20, 2003 this legislation quickly through the Peter Paige can never be replaced and the have 5 legislative days within which to committee and to the floor so it can be wounds their families and friends still feel can revise and extend their remarks on considered today, the exact anniver- never be healed. So again, this is a fitting trib- H.R. 3068. sary of that tragic day. ute to the memory of those lost and the lives The SPEAKER pro tempore. Is there I also want to thank the majority of those still with us who grieve for their loved objection to the request of the gen- leader, the gentleman from Texas (Mr. ones. tleman from Connecticut? DELAY), for his help and cooperation in Mr. Speaker, I want to thank both Chairman There was no objection. facilitating this process, and the mi- TOM DAVIS and Ranking Member HENRY WAX- Mr. SHAYS. Mr. Speaker, I yield my- nority leader, the gentlewoman from MAN for moving this legislation quickly through self such time as I may consume. California (Ms. PELOSI), for her support the Committee and to the floor so it could be Mr. Speaker, I am happy to join with today. In addition, today would not be considered today on the anniversary of that the gentleman from Illinois (Mr. possible without the tireless work of tragic day. I also want to thank Majority Lead- DAVIS) to introduce H.R. 3068, which our Senator, CHUCK SCHUMER, and the er TOM DELAY for his help and cooperation in was introduced by my colleague, the entire New York delegation, who have facilitating this process and Minority Leader gentlewoman from Florida (Ms. HAR- come together as New Yorkers do in a NANCY PELOSI for her support. In addition, RIS), which designates this U.S. Postal time of need and have unanimously today would not be possible without the tire- Service facility in Sarasota, Florida, as supported this legislation. less work of Senator CHUCK SCHUMER, and the John H. McLain Mr. ENGEL. Mr. Speaker, I rise in support the entire New York delegation who have Post Office. The entire delegation from of S. 1591, legislation I am working on to- come together as New Yorkers do in a time of the State of Florida has signed on as gether with Senator SCHUMER, to name the need and have unanimously supported this cosponsors to this legislation. United States Postal Service facility at 48 legislation. Mr. Speaker, Brigadier General John South Broadway in Nyack after three heroes, Mr. DAVIS of Illinois. Mr. Speaker, I McLain was a national hero who this Nyack Police Officers Edward O’Grady and have no further requests for time, and body appropriately recognizes today. A Waverly Brown, and Brinks Guard Peter I yield back the balance of my time. of both World War II and the Paige. I am proud to have introduced H.R. Mr. SHAYS. Mr. Speaker, thanking Korean War, General McLain served his 3167, the House version of this bill that has Members for their cooperation, I yield Nation in the U.S. Army for 37 years. the support of the entire New York delegation. back the balance of my time. He earned countless honors during his It is a true testament to these brave men who The SPEAKER pro tempore (Mr. career, including the Bronze Star, Mer- helped prevent the deaths of countless others BOOZMAN). The question is on the mo- itorious Service Medal, and the Legion 22 years ago when an armed gang attempted tion offered by the gentleman from of Merit. to rob a Brinks Armored Truck in the middle Connecticut (Mr. SHAYS) that the John McLain was born in Pittsburgh, of the day at a crowded mall with no regard House suspend the rules and pass the Pennsylvania, on January 21, 1919. for the lives that would fall in their wake. The Senate bill, S. 1591. After finishing high school, he enlisted naming of this federal building will serve as a The question was taken; and (two- in the Army in 1940. His very enlist- living memorial to these fine men who made thirds having voted in favor thereof) ment at this time exhibited bravery the ultimate sacrifice while serving their com- the rules were suspended and the Sen- and a love of country, as Hitler’s Nazi munity. ate bill was passed. Germany had already invaded several Mr. Speaker, there are few events that rock A motion to reconsider was laid on countries in Europe by this time at the a community such as this. To this day, the the table. outbreak of World War II. Sure enough, people of Rockland County can recount the f McLain was soon sent to Europe as events of October 20, 1981, as if it were yes- BRIGADIER GENERAL (AUS-RET.) part of General George Patton’s Third terday. This wonderful, tranquil community JOHN H. MCLAIN POST OFFICE Army. He fought bravely during the in- was awakened by the stark gunfire of a gang famous Battle of the Bulge that began Mr. SHAYS. Mr. Speaker, I move to of heavily armed murderers and thieves who in December 1944 and was promoted to suspend the rules and pass the bill struck at the heart of the community, the the rank of captain for his valor. (H.R. 3068) to designate the facility of Nanuet Mall, where children and families, When he returned to his hometown the United States Postal Service lo- shop, eat, and spend time throughout the following World War II, McLain en- cated at 2055 Siesta Drive in Sarasota, year. This brazen act forever changed Rock- rolled at the University of Pittsburgh, Florida, as the ‘‘Brigadier General land County and the families of those gunned where he graduated with honors in 1947. (AUS-Ret.) John H. McLain Post Of- down. As war erupted in Korea, Captain It is reassuring to know that Peter Paige, fice’’. McLain volunteered for active duty, The Clerk read as follows: Edward O’Grady, and Waverly Brown did not despite being a Reserve in the Army. die in vain. After this horrific incident, Rock- H.R. 3068 During the war, he served as a senior land County implemented new training meas- Be it enacted by the Senate and House of Rep- advisor with the Korean Military Advi- resentatives of the United States of America in sory Group. After he returned safely ures and policies that have saved the lives of Congress assembled, home from his second war in 1953, he many officers over the last 22 years. In addi- SECTION 1. BRIGADIER GENERAL (AUS-RET.) tion to better coordination with state and fed- JOHN H. MCLAIN POST OFFICE. returned to the University of Pitts- eral agencies, the Rockland County Police De- (a) DESIGNATION.—The facility of the burgh, where he earned his second de- partments also began rigorous new training United States Postal Service located at 2055 gree, this time a master of arts. programs designed to deal with these types of Siesta Drive in Sarasota, Florida, shall be The Korean War concluded General crisis. These new policies undoubtedly en- known and designated as the ‘‘Brigadier Gen- McLain’s distinguished combat service, hanced the Rockland PD’s response to Sep- eral (AUS-Ret.) John H. McLain Post Of- but he remained in the Army Reserves fice’’. until his retirement in 1977. He deserv- tember 11th and the subsequent war on terror. (b) REFERENCES.—Any reference in a law, Also, every year on October 20th, the commu- map, regulation, document, paper, or other edly earned the rank of brigadier gen- nity gathers at a park on the Hudson River record of the United States to the facility re- eral in 1972. It is important to note dedicated to their memory to honor their lives ferred to in subsection (a) shall be deemed to that the general spent much of his and their heroism. Today, the loved ones of be a reference to the Brigadier General years following his active duty teach- these fine men are there—remembering their (AUS-Ret.) John H. McLain Post Office. ing. He taught English classes at Flor- son, their father, their friend. I am honored The SPEAKER pro tempore. Pursu- ida State University in Tallahassee, and humbled to inform them that the House of ant to the rule, the gentleman from Admiral Farragut Academy in St. Pe- Representatives is recognizing them as well, Connecticut (Mr. SHAYS) and the gen- tersburg, Florida, and St. Petersburg and that their memory will be forever imprinted tleman from Illinois (Mr. DAVIS) each High School in Edgewood, Pennsyl- on Rockland County, and our entire Nation. will control 20 minutes. vania. He also returned to his alma This honor comes at a difficult time for the The Chair recognizes the gentleman mater to teach English history classes families of the victims as a participant in the from Connecticut (Mr. SHAYS). at the University of Pittsburgh. robbery, Kathy Boudin, was recently paroled. GENERAL LEAVE From the time of his retirement Although she has regained her freedom, the Mr. SHAYS. Mr. Speaker, I ask unan- until his death, General McLain lived lives of Edward O’Grady, Waverly Brown, and imous consent that all Members may in Sarasota with his wife of 50 years,

VerDate jul 14 2003 01:24 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.034 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9703 Patricia Ann. He contributed to his the gentleman from Illinois (Mr. this bipartisan bill. H.R. 3288 corrects community by volunteering countless DAVIS), urge all Members to support its technical errors in the recently en- hours at schools and organizations in passage. acted State Children’s Health Insur- the Sarasota area. Mr. DAVIS of Illinois. Mr. Speaker, I ance Program, S–CHIP, legislation. Mr. Speaker, for all these reasons, I have no further requests for time, and This important legislation extended urge all Members to support passage of I yield back the balance of my time. the availability of State S–CHIP allot- H.R. 3068 that will name this post of- Mr. SHAYS. Mr. Speaker, I yield ments from prior years to allow States fice after Brigadier General John back the balance of my time. to use this money to continue to pro- McLain. General McLain will be laid to The SPEAKER pro tempore. The vide health care coverage for children. rest in Arlington National Cemetery on question is on the motion offered by The bill also permitted certain States November 5 with full military honors. the gentleman from Connecticut (Mr. that had previously covered children Mr. Speaker, I thank the gentle- SHAYS) that the House suspend the with higher incomes through their woman from Florida for her work to- rules and pass the bill, H.R. 3068. Medicaid program prior to the creation ward honoring General McLain The question was taken; and (two- of S–CHIP to use a small portion of through this legislation. thirds having voted in favor thereof) their S–CHIP allotments to pay for the Mr. Speaker, I reserve the balance of the rules were suspended and the bill costs associated with covering these my time. was passed. children. Mr. DAVIS of Illinois. Mr. Speaker, I A motion to reconsider was laid on Unfortunately, a definition included yield myself such time as I may con- the table. in the new S–CHIP law inadvertently sume. f excluded a number of States. As a re- Mr. Speaker, as a member of the sult, New Mexico, Maryland, Hawaii, Committee on Government Reform, I AMENDING TITLE XXI OF THE and Rhode Island were barred from am pleased to join with my colleague, SOCIAL SECURITY ACT being able to use their allotments to the gentleman from Connecticut (Mr. Mr. UPTON. Mr. Speaker, I move to pay for the expenses of their kids with SHAYS), in support of H.R. 3068, legisla- suspend the rules and pass the bill higher incomes. tion naming a postal facility in Sara- (H.R. 3288) to amend title XXI of the It was always the intent of the spon- sota, Florida, after Brigadier General Social Security Act to make technical sors of the S–CHIP legislation that John H. McLain. corrections with respect to the defini- these States would be allowed to use This measure was introduced by the tion of qualifying State. their money in this way. For that rea- gentlewoman from Florida (Ms. HAR- The Clerk read as follows: son, my chairman, the gentleman from RIS) on September 10, 2003. H.R. 3068, H.R. 3288 Louisiana (Mr. TAUZIN), and the rank- which was unanimously approved and Be it enacted by the Senate and House of Rep- ing member, the gentleman from reported by the Committee on Govern- resentatives of the United States of America in Michigan (Mr. DINGELL), introduced ment Reform on September 18, 2003, Congress assembled, H.R. 3288, which amends the definition has the support and cosponsorship of SECTION 1. TECHNICAL CORRECTIONS RELAT- of eligible States to correct the tech- the entire Florida congressional dele- ING TO THE DEFINITION OF QUALI- nical error. gation. FYING STATE UNDER TITLE XXI OF I would urge all Members to unani- THE SOCIAL SECURITY ACT. General McLain served his country mously support this bipartisan bill, bravely for nearly 4 decades, both on Effective as if included in the enactment of Public Law 108–74, section 2105(g)(2) of the which would allow these States to use active duty and as a Reservist. He en- Social Security Act, as added by section 1(b) a portion of their S–CHIP allotments listed in the in of such Act, is amended— to provide health coverage for their 1940 and served in World War II and the (1) by striking ‘‘185’’ the it ap- low-income children. Korean War. He attained the rank of pears and inserting ‘‘184’’; Mr. Speaker, I reserve the balance of brigadier general in 1972 and was in- (2) by inserting ‘‘August 1, 1994, or’’ before my time. ducted into the Field Officer Candidate ‘‘July 1, 1995’’; and Mr. PALLONE. Mr. Speaker, I yield School Hall of Fame in 1976. During his (3) by inserting before the period at the end myself such time as I may consume. career, he received the , the following: ‘‘, or, in the case of a State that had a statewide waiver in effect under Mr. Speaker, I also rise in support of the , Meritorious section 1115 with respect to title XIX that H.R. 3288. First, I also want to thank Service Medal, and the United Nations was first implemented on October 1, 1993, had the gentleman from Louisiana (Chair- Service Medal, among others. an income eligibility standard under such man TAUZIN) and our ranking member, An active member of his community, waiver for children that was at least 185 per- the gentleman from Michigan (Mr. DIN- General McLain passed away last cent of the poverty line and on and after GELL), for working in a spirit of bipar- month on September 23, 2003. He left July 1, 1998, has an income eligibility stand- tisan cooperation on this issue. Our behind a wife, four children, grand- ard for children under section 1902(a)(10)(A) Committee on Energy and Commerce or a statewide waiver in effect under section children, and a great grandchild. Gen- has repeatedly worked together to deal eral McLain will be buried with full 1115 with respect to title XIX that is at least 185 percent of the poverty line’’. with issues related to the State Chil- military honors in Arlington National dren’s Health Insurance Program, or S– The SPEAKER pro tempore. Pursu- Cemetery on November 5, 2003. CHIP. Mr. Speaker, naming a postal facility ant to the rule, the gentleman from after the late General John H. McLain Michigan (Mr. UPTON) and the gen- b 1530 continues in our tradition of honoring tleman from New Jersey (Mr. PALLONE) As recently as July, we developed a individuals of great character and serv- each will control 20 minutes. compromise to protect health care cov- ice to their community and to their The Chair recognizes the gentleman erage for hundreds of thousands of chil- country. I urge swift passage of this from Michigan (Mr. UPTON). dren under the SCHIP program. bill. GENERAL LEAVE The SCHIP program was enacted in Mr. SHAYS. Mr. Speaker, I yield my- Mr. UPTON. Mr. Speaker, I ask unan- 1997 and currently provides health care self such time as I may consume. imous consent that all Members may coverage to approximately 4.3 million Mr. Speaker, I would like to thank have 5 legislative days within which to children, but there have been some the gentleman from Illinois (Mr. revise and extend their remarks and in- growing pains. The State funding allot- DAVIS) for his help in passage of both clude extraneous material on H.R. 3288. ment mechanism has not worked per- these pieces of legislation. I also know The SPEAKER pro tempore. Is there fectly. And, as a result, some States the gentlewoman from Florida (Ms. objection to the request of the gen- have been left with excess funding and HARRIS) badly wanted to be here for tleman from Michigan? others with too little funding. consideration of H.R. 3068. I commend There was no objection. In July, we passed legislation that her for her work on this bill. Mr. UPTON. Mr. Speaker, I yield my- preserved the nearly $1.2 billion of Mr. Speaker, this legislation honors self such time as I may consume. funding intended for children’s health a devoted American patriot, Brigadier Mr. Speaker, I rise today in support insurance coverage from returning to General John H. McLain. I, along with of H.R. 3288 and urge swift passage of the Treasury, not for lack of need but

VerDate jul 14 2003 01:24 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.037 H20PT1 H9704 CONGRESSIONAL RECORD — HOUSE October 20, 2003 as a result of these problems with the b 1831 shown to be inaccurate. When this oc- funding allocation. AFTER RECESS curs, however, other Members have the In addition, the bill passed in July opportunity and the responsibility to extended, for one additional year, the The recess having expired, the House engage in debate to identify the offend- availability of $1.5 billion in SCHIP was called to order by the Speaker pro ing statements. Readers of the CON- funds from fiscal years’ 2000 and 2001 tempore (Mr. DUNCAN) at 6 o’clock and GRESSIONAL RECORD, citizens, future allotments, thereby allowing 50 percent 31 minutes p.m. historians, have the opportunity to of each year’s unspent money to be re- f learn from our debate what is and is tained by States that have not used QUESTION OF PRIVILEGES OF THE not accurate. their entire allotment. HOUSE When the four statements I have The remaining 50 percent of unspent identified were made in this Chamber money was distributed to States that Mr. MCDERMOTT. Mr. Speaker, pur- on January 28, there was no such op- have spent all of their respective year’s suant to rule IX, I rise to a question of portunity to engage the person making allotment, and New Jersey is one of privileges of the House, offer a resolu- these statements in debate in order to those states. tion, and ask for its immediate consid- identify the statements as inaccurate Finally, the bill allowed certain eration. as there is normally in the House. Un- States to use a portion of their unspent The SPEAKER pro tempore. The less we act today, when future histo- funds for children covered through Clerk will report the resolution. rians go back to examine our pro- Medicaid. The Clerk read the resolution, as fol- ceedings, they will find these four lows: Mr. Speaker, unfortunately there statements presented in the RECORD were technical errors in that bill which RESOLUTION unchallenged. inadvertently excluded New Mexico, Correcting the Record of Tuesday, January, Normally, dubious statements in the 28, 2003. Maryland, Hawaii, and Rhode Island. RECORD are not unchallenged. Nor- And as a result these four States were Resolved, That an asterisk be placed in the mally, we collectively take responsi- unable to receive their portions of permanent Record of Tuesday, January 28, bility for the accuracy of the state- these allotments which assisted them 2003, noting that the following statements contained in the State of the Union Address ments made in the RECORD through our in providing health coverage to the debate and discussion. The statements children of their State. Neither the by the President of the United States are in- accurate: of January 28 were made outside the gentleman from Louisiana (Mr. TAU- (1) ‘‘The British Government has learned normal process Congress uses to iden- ZIN) nor the gentleman from Michigan that recently sought signifi- tify inaccurate statements. Therefore, (Mr. DINGELL) intended this to happen cant quantities of uranium from Africa.’’ the only opportunity Congress has to so they introduced H.R. 3288 to correct (2) ‘‘Our intelligence sources tell us that he protect the integrity of its proceedings has attempted to purchase high-strength this technical error. is to identify in the RECORD the state- Again, I want to thank the chairman aluminum tubes suitable for nuclear weap- ons production.’’ ments that are inaccurate. for his efforts to move this legislation I believe that the integrity of our forward to make it possible for these (3) ‘‘From intelligence sources, we know, for instance, that thousands of Iraqi security proceedings, as protected under rule four States to receive their allotment personnel are at work hiding documents and IX, requires the House to consider my and protect health care for children materials from the U.N. inspectors, sani- resolution. To fail to consider this res- under SCHIP. I hope that the Senate tizing inspections sites, and monitoring the olution would leave the implication will act quickly, so that we can get inspectors themselves.’’ that these statements were of no con- this bill to the President’s desk and ex- (4) ‘‘Evidence from intelligence sources, se- sequence, or that this body did not care pedite the flow of needed funding for cret communications, and statements by people now in custody reveal that Saddam to identify them as inaccurate. I do not children’s health care. think we can afford to leave that im- Mr. PALLONE. Mr. Speaker, I have Hussein aids and protects terrorists, includ- ing members of al Qaeda.’’. pression in a journal that will be exam- no further requests for time, and I ined in the future as a basis for writing yield back the balance of my time. The SPEAKER pro tempore. The Chair will hear argument on the ques- the history of our entrance into the Mr. UPTON. Mr. Speaker, I have no war. further requests for time, and I yield tion of whether the resolution con- Mr. Speaker, for that reason, I ask back the balance of my time. stitutes a question of the privileges of that we consider this resolution at this The SPEAKER pro tempore (Mr. the House under rule IX. time. BOOZMAN). The question is on the mo- The gentleman from Washington (Mr. The SPEAKER pro tempore. The tion offered by the gentleman from MCDERMOTT) is recognized. Chair is prepared to rule. Michigan (Mr. UPTON) that the House Mr. MCDERMOTT. Mr. Speaker, on suspend the rules and pass the bill, Thursday, October 16, I gave notice of The resolution alleges certain inac- H.R. 3288. my intention to raise a question of curacies in the address of the President The question was taken. privileges of the House. of the United States before a joint ses- The SPEAKER pro tempore. In the Mr. Speaker, the first definition of sion of the two Houses earlier in this opinion of the Chair, two-thirds of rule IX(1) is ‘‘affecting the rights of the Congress and resolves that those pre- those present have voted in the affirm- House collectively, its safety, dignity, cise statements be footnoted by aster- ative. and the integrity of its proceedings.’’ isks in the permanent CONGRESSIONAL Mr. UPTON. Mr. Speaker, on that I Rule IX is designed to give Members of RECORD. demand the yeas and nays. the House the means to protect the The Chair has examined precedents The yeas and nays were ordered. dignity and integrity of this body, and permitting questions of the privileges The SPEAKER pro tempore. Pursu- that is what my resolution seeks to do. of the House to address the accuracy ant to clause 8 of rule XX and the I believe that our rights, our dignity, and propriety of the CONGRESSIONAL Chair’s prior announcement, further and our integrity are affected and are RECORD. In each of these occasions proceedings on this motion will be harmed when inaccurate statements where questions of privilege have been postponed. are made in our Chamber and recorded permitted, it was alleged that a Mem- ber had been proceeding out of order, f in our official proceedings without note being taken that they are inaccurate. I that remarks were improperly tran- RECESS believe that the integrity of the CON- scribed, or that unauthorized matter The SPEAKER pro tempore. Pursu- GRESSIONAL RECORD is harmed and the was inserted in the RECORD. ant to clause 12(a) of rule I, the Chair dignity of the body issuing the RECORD On several occasions, the Chair ruled declares the House in recess until ap- is harmed. that where remarks that were made in proximately 6:30 p.m. I am aware that it is conceivable order were printed in the RECORD, col- Accordingly (at 3 o’clock and 34 min- that Members of this body may, at lateral challenges under the guise of utes p.m.) the House stood in recess least in theory, at times make state- questions of privilege were not in until approximately 6:30 p.m. ments on the floor that might be order. (See Hinds V, 6974; Cannon’s

VerDate jul 14 2003 02:01 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.041 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9705 VIII, 3469, 3498). While the Chair is not The SPEAKER pro tempore. The Myrick Rogers (AL) Stupak aware of any precedent with regard to question is on the motion offered by Nadler Rogers (MI) Sullivan Napolitano Rohrabacher Sweeney the accuracy of an address by the the gentleman from Illinois (Mr. HYDE) Nethercutt Ros-Lehtinen Tancredo President of the United States in a that the House suspend the rules and Neugebauer Ross Tanner joint session, the Chair rules that alle- agree to the resolution, H. Res. 356, on Ney Rothman Tauscher Norwood Royce gations of factual inaccuracy in the which the yeas and nays are ordered. Tauzin Nunes Ruppersberger Taylor (NC) contents of a speech, as opposed to the The vote was taken by electronic de- Nussle Rush Terry fidelity of its transcription, whether by vice, and there were—yeas 382, nays 0, Oberstar Ryan (OH) Thomas the President or by a Member, are mat- Obey Ryan (WI) Thompson (CA) not voting 52, as follows: Olver Ryun (KS) Thompson (MS) ters for subsequent proper debate and Ortiz Sabo [Roll No. 563] Thornberry do not give rise to a question of the Osborne Sanchez, Linda Tiahrt privileges of the House. To rule other- YEAS—382 Ose T. Tiberi Otter Sanchez, Loretta Tierney wise would be to permit collateral Abercrombie DeGette Jackson-Lee Oxley Sanders Toomey challenges under the guise of a ques- Aderholt DeLauro (TX) Pallone Sandlin Towns Akin DeLay Janklow Pascrell Saxton tion of privilege to the factual correct- Turner (OH) Alexander DeMint Jefferson Pastor Schakowsky Turner (TX) ness of every word uttered, whether or Allen Deutsch Jenkins Paul Schiff not alleging the unauthorized inclusion Andrews Diaz-Balart, L. John Payne Schrock Udall (CO) Udall (NM) of those remarks on the RECORD. Baca Diaz-Balart, M. Johnson (CT) Pearce Scott (GA) Bachus Upton The Chair, therefore, rules that the Dicks Johnson (IL) Pelosi Scott (VA) Baird Dingell Johnson, E. B. Pence Sensenbrenner Van Hollen resolution does not constitute a ques- Baker Dooley (CA) Johnson, Sam Peterson (MN) Serrano Velazquez tion of the privileges of the House Baldwin Doyle Jones (NC) Peterson (PA) Shadegg Walden (OR) under rule IX. Ballance Dreier Jones (OH) Petri Shaw Walsh Ballenger Duncan Kanjorski Pickering Shays Wamp PARLIAMENTARY INQUIRY Barrett (SC) Dunn Kaptur Pitts Sherman Waters Mr. MCDERMOTT. Mr. Speaker, fur- Bartlett (MD) Edwards Keller Platts Sherwood Watson ther parliamentary inquiry. Bass Ehlers Kelly Pombo Shimkus Watt Beauprez Emanuel Kennedy (MN) Pomeroy Shuster Waxman The SPEAKER pro tempore. The gen- Bereuter Emerson Kennedy (RI) Porter Simmons Weldon (FL) tleman will state his inquiry. Berkley Engel Kildee Portman Skelton Weldon (PA) Mr. MCDERMOTT. Is the effect of Berman English Kilpatrick Price (NC) Smith (MI) Weller your ruling that whatever the Presi- Berry Eshoo Kind Quinn Smith (NJ) Wicker Biggert Etheridge King (IA) Radanovich Smith (TX) Wilson (NM) dent says must be considered correct Bilirakis Evans King (NY) Rahall Smith (WA) Wilson (SC) since we have no chance to debate him, Bishop (GA) Everett Kingston Rangel Snyder Wolf we have no chance to question him? Bishop (NY) Farr Kirk Regula Solis Woolsey Bishop (UT) Feeney Kleczka The SPEAKER pro tempore. The Rehberg Souder Wu Blackburn Ferguson Kline Renzi Spratt Wynn Chair has ruled that debate over the Blumenauer Filner Knollenberg Reynolds Stearns Young (AK) next weeks or months in the House can Blunt Flake Kolbe Rodriguez Strickland Young (FL) Boehlert Foley Kucinich go to the question of the factual accu- Boehner Forbes Lampson NOT VOTING—52 racy of the previous statements of the Bonilla Fossella Langevin Ackerman Ford Putnam President; but it would not be proper Bonner Frank (MA) Lantos Barton (TX) Gallegly Ramstad Bono to do so in this type of resolution or in Franks (AZ) Larsen (WA) Becerra Gephardt Reyes Boozman Frelinghuysen Larson (CT) Bell Gingrey Rogers (KY) this form. Boswell Frost Latham Brady (PA) Gutierrez Roybal-Allard Mr. MCDERMOTT. So the body does Boucher Garrett (NJ) LaTourette Brown, Corrine Harman Sessions not have a way to deal with the state- Boyd Gerlach Lee Burr Hoeffel Bradley (NH) Gibbons Levin Simpson ments made in the State of the Union Capps LaHood Slaughter Brady (TX) Gilchrest Lewis (CA) Carson (OK) Leach Stark message? We must accept it, and there Brown (OH) Gillmor Lewis (KY) Case Lewis (GA) Stenholm it is? Brown (SC) Gonzalez Linder Clay Lucas (OK) Taylor (MS) The SPEAKER pro tempore. The Brown-Waite, Goode Lipinski Coble Manzullo Ginny Goodlatte LoBiondo Visclosky House has the right and the responsi- Davis (FL) Marshall Burgess Gordon Lofgren Delahunt McCarthy (NY) Vitter bility to respond to the President’s ad- Burns Goss Lowey Doggett Neal (MA) Weiner dress during subsequent debate. Burton (IN) Granger Lucas (KY) Doolittle Northup Wexler Buyer Graves Lynch Whitfield f Fattah Owens Calvert Green (TX) Majette Fletcher Pryce (OH) ANNOUNCEMENT BY THE SPEAKER Camp Green (WI) Maloney Cannon Greenwood Markey b 1858 PRO TEMPORE Cantor Grijalva Matheson So (two-thirds having voted in favor The SPEAKER pro tempore. Pursu- Capito Gutknecht Matsui Capuano Hall McCarthy (MO) thereof) the rules were suspended and ant to clause 8 of rule XX, proceedings Cardin Harris McCollum the resolution was agreed to. will resume on motions to suspend the Cardoza Hart McCotter The result of the vote was announced rules previously postponed. Carson (IN) Hastings (FL) McCrery Carter Hastings (WA) McDermott as above recorded. Votes will be taken in the following Castle Hayes McGovern A motion to reconsider was laid on order: Chabot Hayworth McHugh the table. H. Res. 356, by the yeas and nays; Chocola Hefley McInnis f H. Res. 400, by the yeas and nays; and Clyburn Hensarling McIntyre Cole Herger McKeon ANNOUNCEMENT BY THE SPEAKER H.R. 3288, by the yeas and nays. Collins Hill McNulty The first and third electronic votes Conyers Hinchey Meehan PRO TEMPORE will be conducted as 15-minute votes. Cooper Hinojosa Meek (FL) The SPEAKER pro tempore (Mr. The second vote in this series will be a Costello Hobson Meeks (NY) Cox Hoekstra Menendez DUNCAN). Pursuant to clause 8 of rule 5-minute vote. Cramer Holden Mica XX, the next vote will be conducted as f Crane Holt Michaud a 5-minute vote. Crenshaw Honda Millender- EXPRESSING SENSE OF HOUSE RE- Crowley Hooley (OR) McDonald f GARDING MAN-MADE FAMINE Cubin Hostettler Miller (FL) HONORING THE 25TH ANNIVER- Culberson Houghton Miller (MI) THAT OCCURRED IN UKRAINE IN Cummings Hoyer Miller (NC) SARY OF POPE JOHN PAUL II’S 1932–1933 Cunningham Hulshof Miller, Gary ASCENSION TO THE PAPACY Davis (AL) Hunter Miller, George The SPEAKER pro tempore. The Davis (CA) Hyde Mollohan The SPEAKER pro tempore. The pending business is the question of sus- Davis (IL) Inslee Moore pending business is the question of sus- pending the rules and agreeing to the Davis (TN) Isakson Moran (KS) pending the rules and agreeing to the resolution, H. Res. 356. Davis, Jo Ann Israel Moran (VA) resolution, H. Res. 400, as amended. Davis, Tom Issa Murphy The Clerk read the title of the resolu- Deal (GA) Istook Murtha The Clerk read the title of the resolu- tion. DeFazio Jackson (IL) Musgrave tion.

VerDate jul 14 2003 01:24 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.045 H20PT1 H9706 CONGRESSIONAL RECORD — HOUSE October 20, 2003 The SPEAKER pro tempore. The Moran (KS) Renzi Stearns pending the rules and passing the bill, question is on the motion offered by Moran (VA) Reynolds Strickland H.R. 3288. Murphy Rodriguez Stupak the gentleman from Michigan (Mr. Murtha Rogers (AL) Sullivan The Clerk read the title of the bill. MCCOTTER) that the House suspend the Musgrave Rogers (MI) Sweeney The SPEAKER pro tempore. The rules and agree to the resolution, H. Myrick Rohrabacher Tancredo question is on the motion offered by Nadler Ros-Lehtinen Res. 400, as amended, on which the yeas Tanner the gentleman from Michigan (Mr. Napolitano Ross Tauscher and nays are ordered. Nethercutt Rothman Tauzin UPTON) that the House suspend the This will be a 5-minute vote. Neugebauer Royce Taylor (NC) rules and pass the bill, H.R. 3288, on Ney Ruppersberger Terry The vote was taken by electronic de- Norwood Rush which the yeas and nays are ordered. Thomas The vote was taken by electronic de- vice, and there were—yeas 382, nays 0, Nunes Ryan (OH) Thompson (CA) not voting 52, as follows: Nussle Ryan (WI) Thompson (MS) vice, and there were—yeas 382, nays 0, Oberstar Ryun (KS) Thornberry not voting 52, as follows: [Roll No. 564] Obey Sabo Tiahrt Olver Sanchez, Linda [Roll No. 565] YEAS—382 Tiberi Ortiz T. Tierney YEAS—382 Abercrombie DeFazio Issa Osborne Sanchez, Loretta Toomey Aderholt DeGette Istook Ose Sanders Abercrombie Deal (GA) Isakson Towns Akin DeLauro Jackson (IL) Otter Sandlin Aderholt DeFazio Israel Alexander DeLay Jackson-Lee Oxley Saxton Turner (OH) Akin DeGette Issa Allen DeMint (TX) Pallone Schakowsky Turner (TX) Alexander DeLauro Istook Andrews Deutsch Janklow Pascrell Schiff Udall (CO) Allen DeLay Jackson (IL) Baca Diaz-Balart, L. Jefferson Pastor Schrock Udall (NM) Andrews DeMint Jackson-Lee Bachus Diaz-Balart, M. Jenkins Paul Scott (GA) Upton Baca Deutsch (TX) Baird Dicks John Payne Scott (VA) Van Hollen Bachus Diaz-Balart, L. Janklow Baker Dingell Johnson (CT) Pearce Sensenbrenner Velazquez Baird Diaz-Balart, M. Jefferson Baldwin Dooley (CA) Johnson (IL) Pelosi Serrano Walden (OR) Baker Dicks Jenkins Ballance Doyle Johnson, E. B. Pence Shadegg Walsh Baldwin Dingell John Ballenger Dreier Johnson, Sam Peterson (MN) Shaw Wamp Ballance Dooley (CA) Johnson (CT) Barrett (SC) Duncan Jones (NC) Peterson (PA) Shays Waters Ballenger Doyle Johnson (IL) Bartlett (MD) Dunn Jones (OH) Petri Sherman Watson Barrett (SC) Dreier Johnson, E. B. Bass Edwards Kanjorski Pickering Sherwood Watt Bartlett (MD) Duncan Johnson, Sam Beauprez Ehlers Kaptur Pitts Shimkus Waxman Bass Dunn Jones (NC) Bereuter Emanuel Keller Platts Shuster Weldon (FL) Beauprez Edwards Jones (OH) Berkley Emerson Kelly Pombo Simmons Weldon (PA) Bereuter Ehlers Kanjorski Berman Engel Kennedy (MN) Pomeroy Simpson Weller Berkley Emanuel Kaptur Berry English Kennedy (RI) Porter Skelton Wicker Berman Emerson Keller Biggert Eshoo Kildee Portman Smith (MI) Wilson (NM) Berry Engel Kelly Bilirakis Etheridge Kilpatrick Price (NC) Smith (NJ) Wilson (SC) Biggert English Kennedy (MN) Bishop (GA) Evans Kind Quinn Smith (TX) Wolf Bilirakis Eshoo Kennedy (RI) Bishop (NY) Everett King (IA) Radanovich Smith (WA) Woolsey Bishop (GA) Etheridge Kildee Bishop (UT) Farr King (NY) Rahall Snyder Wu Bishop (NY) Evans Kilpatrick Blackburn Feeney Kingston Rangel Solis Wynn Bishop (UT) Everett Kind Blumenauer Ferguson Kirk Regula Souder Young (AK) Blackburn Farr King (IA) Blunt Filner Kleczka Rehberg Spratt Young (FL) Blumenauer Feeney King (NY) Boehlert Flake Kline Blunt Ferguson Kingston Boehner Foley Knollenberg NOT VOTING—52 Boehlert Filner Kirk Bonilla Boehner Forbes Kolbe Ackerman Fletcher Pryce (OH) Flake Kleczka Bonner Fossella Kucinich Bonilla Foley Kline Barton (TX) Ford Putnam Bono Frank (MA) Lampson Bonner Forbes Knollenberg Becerra Gallegly Ramstad Boozman Franks (AZ) Langevin Bono Fossella Kolbe Bell Gephardt Reyes Boswell Frelinghuysen Lantos Brady (PA) Gingrey Boozman Frank (MA) Kucinich Boucher Frost Larsen (WA) Rogers (KY) Boswell Franks (AZ) Lampson Brown, Corrine Gutierrez Roybal-Allard Boyd Garrett (NJ) Larson (CT) Burr Harman Boucher Frelinghuysen Langevin Bradley (NH) Gerlach Latham Sessions Boyd Frost Lantos Capps Hoeffel Slaughter Brady (TX) Gibbons LaTourette Carson (OK) LaHood Bradley (NH) Garrett (NJ) Larsen (WA) Stark Brown (OH) Gilchrest Lee Case Leach Brady (TX) Gerlach Larson (CT) Stenholm Brown (SC) Gillmor Levin Clay Lewis (GA) Brown (OH) Gibbons Latham Taylor (MS) Brown-Waite, Gonzalez Lewis (CA) Coble Lucas (OK) Brown (SC) Gilchrest LaTourette Ginny Goode Lewis (KY) Davis (CA) Manzullo Visclosky Brown-Waite, Gillmor Lee Burgess Goodlatte Linder Davis (FL) Marshall Vitter Ginny Gonzalez Levin Burns Gordon Lipinski Delahunt McCarthy (NY) Weiner Burgess Goode Lewis (CA) Burton (IN) Goss LoBiondo Doggett Neal (MA) Wexler Burns Goodlatte Lewis (KY) Buyer Granger Lofgren Doolittle Northup Whitfield Burton (IN) Gordon Linder Calvert Graves Lowey Fattah Owens Buyer Goss Lipinski Camp Green (TX) Lucas (KY) Calvert Granger LoBiondo Cannon Green (WI) Lynch ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Camp Graves Lofgren Cantor Greenwood Majette Cannon Green (TX) Lowey Capito Grijalva Maloney The SPEAKER pro tempore (Mr. Capito Green (WI) Lucas (KY) Capuano Gutknecht Markey DUNCAN) (during the vote). Members Capuano Greenwood Lynch Cardin Hall Matheson are advised there are 2 minutes remain- Cardin Grijalva Majette Cardoza Harris Matsui ing in this vote. Cardoza Gutknecht Maloney Carson (IN) Hart McCarthy (MO) Carson (IN) Hall Manzullo Carter Hastings (FL) McCollum b 1906 Carter Harris Markey Castle Hastings (WA) McCotter Castle Hart Matheson Chabot Hayes McCrery So (two-thirds having voted in favor Chabot Hastings (FL) Matsui Chocola Hayworth McDermott thereof) the rules were suspended and Chocola Hastings (WA) McCarthy (MO) Clyburn Hefley McGovern Clyburn Hayes McCollum Cole Hensarling McHugh the resolution, as amended, was agreed Cole Hayworth McCotter Collins Herger McInnis to. Collins Hefley McCrery Conyers Hill McIntyre The result of the vote was announced Conyers Hensarling McDermott Cooper Hinchey McKeon as above recorded. Cooper Herger McGovern Costello Hinojosa McNulty Costello Hill McHugh Cox Hobson Meehan A motion to reconsider was laid on Cox Hinchey McInnis Cramer Hoekstra Meek (FL) the table. Cramer Hinojosa McIntyre Crane Holden Meeks (NY) Stated for: Crane Hobson McKeon Crenshaw Holt Menendez Crenshaw Hoekstra McNulty Crowley Honda Mica Mrs. DAVIS of California. Mr. Speaker, on Crowley Holden Meehan Cubin Hooley (OR) Michaud rollcall No. 564, had I been present, I would Cubin Holt Meek (FL) Culberson Hostettler Millender- have voted ‘‘yea.’’ Culberson Honda Meeks (NY) Cummings Houghton McDonald Cummings Hooley (OR) Menendez Cunningham Hoyer Miller (FL) f Cunningham Hostettler Mica Davis (AL) Hulshof Miller (MI) Davis (AL) Houghton Michaud Davis (IL) Hunter Miller (NC) AMENDING TITLE XXI OF THE Davis (CA) Hoyer Millender- Davis (TN) Hyde Miller, Gary SOCIAL SECURITY ACT Davis (IL) Hulshof McDonald Davis, Jo Ann Inslee Miller, George Davis (TN) Hunter Miller (FL) Davis, Tom Isakson Mollohan The SPEAKER pro tempore. The Davis, Jo Ann Hyde Miller (MI) Deal (GA) Israel Moore pending business is the question of sus- Davis, Tom Inslee Miller (NC)

VerDate jul 14 2003 01:24 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.048 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9707 Miller, Gary Rangel Spratt thorization Act, fiscal year 2003 (22 trative costs of economic development ac- Miller, George Regula Stearns U.S.C. 2651 Note), the order of the tivities. Mollohan Rehberg Strickland At the end of the bill, add the following: Moore Renzi Stupak House of January 8, 2003, and upon the Moran (KS) Reynolds Sullivan recommendation of the minority lead- TITLE VIII—APPALACHIAN REGIONAL Moran (VA) Rodriguez Sweeney er, the Speaker appointed the following DEVELOPMENT Murphy Rogers (AL) Tancredo SEC. 801. ADDITIONS TO APPALACHIAN REGION. Murtha Rogers (MI) member on the part of the House to the Tanner (a) KENTUCKY.—Section 14102(a)(1)(C) of Musgrave Rohrabacher Tauscher Commission on International Religious Myrick Ros-Lehtinen title 40, United States Code, is amended— Tauzin Freedom for a 1-year term ending May (1) by inserting ‘‘Nicholas,’’ after ‘‘Mor- Nadler Ross Taylor (NC) Napolitano Rothman 14, 2004, to fill the existing vacancy gan,’’; and Terry thereon: Nethercutt Royce Thomas (2) by inserting ‘‘Robertson,’’ after ‘‘Pu- Neugebauer Rush Thompson (CA) Ms. Patricia W. Chang, San Fran- laski,’’. Ney Ryan (OH) Thompson (MS) cisco, California. (b) OHIO.—Section 14102(a)(1)(H) of such Norwood Ryan (WI) Thornberry title is amended— Nunes Ryun (KS) Tiahrt f (1) by inserting ‘‘Ashtabula,’’ after Nussle Sabo Tiberi Oberstar Sanchez, Linda MAKING IN ORDER AT ANY TIME ‘‘Adams,’’; Tierney Obey T. (2) by inserting ‘‘Fayette,’’ after Toomey CONSIDERATION OF H.R. 2535, Olver Sanchez, Loretta ‘‘Coshocton,’’; Towns ECONOMIC DEVELOPMENT AD- Ortiz Sanders (3) by inserting ‘‘Mahoning,’’ after ‘‘Law- Turner (OH) Osborne Sandlin MINISTRATION REAUTHORIZA- rence,’’; and Ose Saxton Turner (TX) TION ACT OF 2003 Udall (CO) (4) by inserting ‘‘Trumbull,’’ after Otter Schakowsky ‘‘Scioto,’’. Oxley Schiff Udall (NM) Mrs. BLACKBURN. Mr. Speaker, I Pallone Schrock Upton ask unanimous consent that it shall be (c) .—Section 14102(a)(1)(K) of Van Hollen such title is amended— Pascrell Scott (GA) in order anytime without intervention Pastor Scott (VA) Velazquez (1) by inserting ‘‘Giles,’’ after ‘‘Franklin,’’; Paul Sensenbrenner Walden (OR) of any point of order to consider in the and Payne Serrano Walsh House H.R. 2535; the bill shall be con- (2) by inserting ‘‘Lawrence, Lewis, Lin- Wamp Pearce Shadegg sidered as read for amendment; the coln,’’ after ‘‘Knox,’’. Pelosi Shaw Waters (d) VIRGINIA.—Section 14102(a)(1)(L) of such Pence Shays Watson amendment in the nature of a sub- Peterson (MN) Sherman Watt stitute recommended by the Com- title is amended— Peterson (PA) Sherwood Waxman mittee on Transportation and Infra- (1) by inserting ‘‘Henry,’’ after ‘‘Grayson,’’; Petri Shimkus Weldon (FL) structure now printed in the bill, modi- and Pickering Shuster Weldon (PA) (2) by inserting ‘‘Patrick,’’ after ‘‘Mont- Pitts Simmons Weller fied by the amendment that I have gomery,’’. Wicker Platts Simpson placed at the desk, shall be considered SEC. 802. AUTHORIZATION OF APPROPRIATIONS. Pombo Skelton Wilson (NM) as adopted; all points of order against Pomeroy Smith (MI) Wilson (SC) Section 14703(a) of title 40, United States Porter Smith (NJ) Wolf the bill, as amended, shall be waived; Code, is amended by striking paragraphs (1) Portman Smith (TX) Woolsey the previous question shall be consid- through (3) and inserting the following: Price (NC) Smith (WA) Wu ered as ordered on the bill, as amended, ‘‘(1) $88,000,000 for each of fiscal years 2002 Quinn Snyder Wynn to final passage without intervening and 2003. Radanovich Solis Young (AK) ‘‘(2) $91,000,000 for fiscal year 2004. Rahall Souder Young (FL) motion except, one, 1 hour of debate on the bill, as amended, equally divided ‘‘(3) $93,000,000 for fiscal year 2005. ‘‘(4) $95,000,000 for fiscal year 2006.’’. NOT VOTING—52 and controlled by the chairman and Ackerman Fletcher Putnam ranking minority member of the Com- The SPEAKER pro tempore. Is there Barton (TX) Ford Ramstad mittee on Transportation and Infra- objection to the request of the gentle- Becerra Gallegly Reyes woman from Tennessee? Bell Gephardt structure; and, two, one motion to re- Rogers (KY) There was no objection. Brady (PA) Gingrey Roybal-Allard commit, with or without instructions; Brown, Corrine Gutierrez Ruppersberger f Burr Harman and the amendment that I have placed Sessions at the desk shall be considered as read Cantor Hoeffel Slaughter ANNOUNCEMENT OF INTENTION TO Capps LaHood Stark for purposes of this unanimous consent OFFER MOTION TO INSTRUCT Carson (OK) Leach Stenholm request. Case Lewis (GA) CONFEREES ON H.R. 6, ENERGY Taylor (MS) Clay Lucas (OK) The text of the amendment is as fol- POLICY ACT OF 2003. Coble Marshall Visclosky lows: Vitter Mr. MARKEY. Mr. Speaker, subject Davis (FL) McCarthy (NY) Page 15, line 25, strike the closing Delahunt Neal (MA) Weiner to rule XXII, clause 7, I hereby an- quotation marks and the final period and in- Doggett Northup Wexler nounce my intention to offer a motion sert the following: Doolittle Owens Whitfield to instruct on H.R. 6, the Energy Pol- Fattah Pryce (OH) ‘‘(4) PRESERVATION OF SECURITIES LAWS.— icy Act. ‘‘(A) NOT TREATED AS EXEMPTED SECURI- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The form of the motion is as follows: TIES.—No securities issued pursuant to para- Mr. MARKEY moves that the managers on The SPEAKER pro tempore (Mr. graph (2)(C) shall be treated as exempted se- the part of the House at the conference on DUNCAN) (during the vote). Members curities for purposes of the Securities Act of the disagreeing votes of the two Houses on are advised 2 minutes remain in this 1933 or the Securities Exchange Act of 1934, the Senate amendment to the bill H.R. 6 be vote. unless exempted by rule or regulation of the instructed to insist upon the provisions con- Securities and Exchange Commission. tained in— b 1922 ‘‘(B) PRESERVATION.—Except as provided in (1) section 14011 of the House bill relating subparagraph (A), no provision of this sub- So (two-thirds having voted in favor to secure transfer of nuclear materials; section or any regulation issued by the Sec- thereof) the rules were suspended and (2) section 14012(d) of the House bill relat- retary under this subsection shall supersede the bill was passed. ing to nuclear facility threats, directing the or otherwise affect the application of the se- Nuclear Regulatory Commission to issue reg- The result of the vote was announced curities laws (as such term is defined in sec- ulations, including changes to the design as above recorded. tion 2(a)(47) of the Securities Exchange Act basis threat, to ensure that nuclear facilities A motion to reconsider was laid on of 1934) or the rules, regulations, or orders of licensed by Commission address the threat of the table. the Securities and Exchange Commission or a terrorist attack against such facilities; and a self-regulatory organization thereunder.’’. f (3) section 14013 of the House bill requiring Page 24, line 2, strike the period at the end the Nuclear Regulatory Commission, before and insert the following: APPOINTMENT AS MEMBER TO entering into any agreement of indemnifica- COMMISSION ON INTERNATIONAL ; except that recipients may use grant funds tion with respect to a utilization facility RELIGIOUS FREEDOM awarded under this section for the adminis- under section 170 of the Atomic Energy Act trative costs of economic development ac- The SPEAKER pro tempore. Pursu- of 1954, to consult with the Assistant to the tivities. President for (or any ant to section 201(b) of the Inter- Page 25, line 15, strike the period at the successor official) with respect to that facil- national Religious Freedom Act of 1998 end and insert the following: ity concerning whether the location of the (22 U.S.C. 6431 Note), amended by sec- ; except that recipients may use grant funds facility and the design of that type of facil- tion 681(b) of the Foreign Relations Au- awarded under this section for the adminis- ity ensures that the facility provides for the

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.025 H20PT1 H9708 CONGRESSIONAL RECORD — HOUSE October 20, 2003 adequate protection of public health and The SPEAKER pro tempore. Notice old boss for I had the great honor and safety if subject to a terrorist attack, and will appear in the RECORD. privilege also to work with him, and I that the Nuclear Regulatory Commission f worked as a campaign aid in his bid for also consult with the Secretary of Homeland the in 1970. Security before issuing a license or a license ANNOUNCEMENT OF INTENTION TO Bill Cramer was a pioneer for the Re- renewal for a sensitive nuclear facility con- OFFER MOTION TO INSTRUCT cerning the emergency evacuation plan for publican party. He was a Florida State the communities living near the sensitive CONFEREES ON H.R. 1, MEDI- legislator and the first GOP Member nuclear facility. CARE PRESCRIPTION DRUG AND from the State of Florida since the MODERNIZATION ACT OF 2003 The SPEAKER pro tempore. The no- post-Civil War reconstruction era. Not tice will appear in the RECORD. Mr. BROWN of Ohio. Mr. Speaker, only was he one of the true contem- porary founders of Florida’s Repub- f subject to rule XXII, clause 7, I hereby announce my intention to offer a mo- lican majority, Bill Cramer served ini- REPORT ON RESOLUTION PRO- tion to instruct on H.R. 1, Medicare tially as a minority of one, our State’s VIDING FOR CONSIDERATION OF Prescription Drug and Modernization only GOP Member in Congress in 1955. H.J. RESOLUTION 73, FURTHER Act of 2003. In the House of Representatives, Con- CONTINUING APPROPRIATIONS, The form of the motion is as follows: gressman Cramer rose to leadership po- FISCAL YEAR 2004 Mr. BROWN of Ohio moves that the man- sitions in both the Public Works Com- Mr. LINDER, from the Committee on agers on the part of the House at the con- mittee and also the House GOP con- Rules, submitted a privileged report ference on the disagreeing votes of the two ference with his distinguished service. (Rept. No. 108–323) on the resolution (H. Houses on the Senate amendment to the bill And as part of his legacy, the Repub- Res. 407) providing for consideration of H.R. 1 be instructed to reject the provisions lican party of Florida now has 18 of 25 of subtitle C of title II of the House bill. the joint resolution (H.J. Res. 73), mak- GOP Members of Congress, a Repub- ing further continuing appropriations The SPEAKER pro tempore. Notice lican Governor, and majorities in both for fiscal year 2004, and for other pur- will appear in the RECORD. the State Senate and State House. poses, which was referred to the House f Our country has lost a great Amer- Calendar and ordered to be printed. ican and an honored veteran. Mr. b 1930 Speaker, the Congress, the State of f RECOGNIZING THE PASSING OF Florida, and the Republican party have ANNOUNCEMENT OF INTENTION TO WILLIAM C. CRAMER lost a distinguished leader. With Bill OFFER MOTION TO INSTRUCT Cramer’s passing, I have lost a great (Mr. YOUNG of Florida asked and CONFEREES ON H.R. 1308, TAX mentor and a good friend. was given permission to address the RELIEF, SIMPLIFICATION, AND To the Cramer family, Sara his wife, House for 1 minute.) EQUITY ACT OF 2003. his sons Billy, Jr., Mark, Allyn, and his Mr. YOUNG of Florida. Mr. Speaker, family, I extend my personal sym- Ms. WOOLSEY. Mr. Speaker, subject I rise to announce to my colleagues the pathy. to rule XXII, clause 7(c), I hereby an- death of one of our former Members of nounce my intention to offer a motion Congress, William C. Cramer of St. Pe- f to instruct on H.R. 1308, Tax Relief, tersburg, Florida. Bill Cramer died on HONORING JUDGE KAY Simplification, and Equity Act of 2003. Saturday afternoon. He had served in SPAULDING ROBILIO The form of the motion is as follows: the State House of Representatives (Mrs. BLACKBURN asked and was Ms. WOOLSEY moves that the managers on prior to being elected to Congress the part of the House in the conference on given permission to address the House where he served 16 years until he left for 1 minute and to revise and extend the disagreeing votes of the two Houses on after the election of 1970. the House amendment to the Senate amend- her remarks.) ment to H.R. 1308 be instructed as follows: Our heartfelt sympathies and condo- Mrs. BLACKBURN. Mr. Speaker, 1. The House conferees shall be instructed lences go out to his wife Sara and to today I wanted to take time to honor to include in the conference report the provi- his three sons Billy, Mark, and Allyn. one of Tennessee’s most accomplished sion of the Senate amendment (not included And I know that not only some of the Memphians, Judge Kay Spaulding in the House amendment) that provides im- Members today served with Mr. Robilio of the U.S. Circuit Court, Divi- mediate payments to taxpayers receiving an Cramer, but he continued to be a pres- additional credit by reason of the bill in the sion 5, 30th Judicial District. ence here in Washington and continued For more than 20 years of dedicated same manner as other taxpayers were enti- to make friends among the member- tled to immediate payments under the Jobs service as a judge and the 2002–2003 and Growth Tax Relief Reconciliation Act of ship of the House. president of the Tennessee Lawyers’ 2003. And I would say that, having been a Association for Women, Judge Robilio 2. The House conferees shall be instructed member of his staff in the late 1950s, in has committed her life to the pursuit to include in the conference report the provi- his district staff, and our friendship of justice and equality for all. She has sion of the Senate amendment (not included was a long-standing friendship, that I helped open the way for women inter- in the House amendment) that provides fam- certainly shall miss Mr. Bill Cramer. ilies of military personnel serving in Iraq, ested in serving on the bench and in Afghanistan, and other combat zones a child f public office. And as a mother and vol- unteer, her dedication to the commu- credit based on the earnings of the individ- RECOGNIZING THE PASSING OF nity extends beyond her profession. Her uals serving in the combat zone. WILLIAM C. CRAMER 3. The House conferees shall be instructed dedication to exploring legal issues to include in the conference report all of the (Mr. MICA asked and was given per- surrounding emotional abuse claims is other provisions of the Senate amendment mission to address the House for 1 helping expand recognition of the prob- and shall not report back a conference report minute.) lem and establishes her as a true pio- that includes additional tax benefits not off- Mr. MICA. Mr. Speaker, it is with neer. set by other provisions. sadness that I join my colleague, the 4. To the maximum extent possible within Judge Robilio is an asset to Memphis the scope of conference, the House conferees gentleman from Florida (Mr. YOUNG), and a shining light in our legal commu- shall be instructed to include in the con- the distinguished chairman of the Com- nity. I want to thank Kay for her dec- ference report other tax benefits for military mittee on Appropriations, in recog- ades of service and let her know we personnel and the families of the astronauts nizing the passing of one of our former look forward to many more years of who died in the Columbia disaster. colleagues of the House of Representa- legal excellence and integrity from her 5. The House conferees shall, as soon as tives, William C. Cramer. court. practicable after the adoption of this mo- Bill Cramer served in this Chamber f tion, meet in open session with the Senate as a representative from Florida’s west conferees and the House conferees shall file a SPECIAL ORDERS conference report consistent with the coast from 1955 to 1970. Over the past preceeding provisions of this instruction, not decades, Congressman Cramer was The SPEAKER pro tempore (Mr. later than the second legislative day after more than a former colleague to me. I SHERWOOD). Under the Speaker’s an- adoption of this motion. affectionately referred to him as my nounced policy of January 7, 2003, and

VerDate jul 14 2003 04:27 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.024 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9709 under a previous order of the House, lem, there is more money where that major issue of allowing them to pur- the following Members will be recog- comes from. chase medications from either Europe nized for 5 minutes each. The American people will take more or Canada, allowing competition to f money out of their hard-earned dollars, pervade in the prescription drug area, take it out of their pockets, send it to The SPEAKER pro tempore. Under a allowing choice to consumers. Two- D.C. so D.C. can continue to do what it previous order of the House, the gen- thirds of the Americans think it is the has done year after year after year. right thing to do. tleman from Illinois (Mr. LIPINSKI) is I am encouraged, Mr. Speaker, by the recognized for 5 minutes. In the meantime, millions of Ameri- President’s new initiative to try to (Mr. LIPINSKI addressed the House. cans are forced to either cut their curtail this. But let me tell my col- His remarks will appear hereafter in medications in half, skip a month, leagues what I am a little bit discour- the Extensions of Remarks.) forgo their prescription drugs entirely, aged about, Mr. Speaker. The Federal or cut their pills, as I said, in half. Yet f Government loses almost $20 billion be- of those who choose not to do that, WASHINGTON WASTE WATCHERS fore it can even waste it. When the gen- many are forced to go to Canada to buy tleman from Iowa (Mr. NUSSLE), the their medications. The SPEAKER pro tempore. Under a chairman of the Committee on the And what do our drug companies pro- previous order of the House, the gen- Budget, had an amendment in the com- vide these seniors who are in dire need tleman from Florida (Mr. MARIO DIAZ- mittee after we see the amount of of life saving medications? Today, Eli BALART of Florida) is recognized for 5 money that is wasted, he said let’s cut Lilly announced joining other major minutes. 1 percent, just 1 percent on waste, companies like Glaxo, AstraZeneca, Mr. MARIO DIAZ-BALART of Flor- fraud and abuse. Mr. Speaker, how and Pfizer, they are going to begin to ida. Mr. Speaker, I, once again, want to many votes were there from our distin- limit their sales to Canada, cut off speak a little bit on the cause the guished friends of the Democratic their supplies to Canada. Rather than Washington Waste Watchers is trying party for the motion of the chairman allowing competition and choice to to get done and that is to highlight and of the Committee on the Budget to cut exist in the system, these prescription try to get rid of some of the everlasting just 1 percent of waste, fraud and drug companies are going to deny ac- waste in the Federal Government, abuse? Zero. Not one. Because, again, cess to the Canadians where Americans waste of the taxpayer’s money that the they believe in raising taxes. get competitive prices. Federal Government seems so apt at Take the money from the hard-work- You take the cancer drug Tamoxifen, doing so well. ing American people. They all keep $360 in the United States; Canada, $33. Mr. Speaker, for example, the postal sending it up here so they can come up Life-saving medication for women with service managers received over $500 and the money can come up here and breast cancer. You go down the list, million in incentive awards for alleg- the Federal Government can continue line by line. Last week, USA Today ran edly improving financial performance to waste it. an article going line by line over major when, in fact, all indicators showed at Mr. Speaker, again I will continue to medications, and they were all some- the same time that the financial per- highlight this waste. I am going to con- where between 40 to 50 percent cheaper formance had actually declined. And, tinue to thank the President for the in Canada than they are in the United yet, we still gave that $500 million be- initiatives that he has taken to change States. cause of the performance which, again, this, and we are going to continue to And the irony of all of that is many the same performance had declined. highlight it. And we have already filed of those medications were developed The examples are just never-ending. some legislation, and we are going to with U.S. taxpayer dollars. So what For example, the EPA had no knowl- file more legislation in order to try to have we provided? Not only do we fund edge whatsoever of the work that a cer- change this culture of spending and of the research and development of these tain EPA applicant was going to per- misspending to the culture of fiscal re- new life-saving medications, we are form, but still awarded that same ap- sponsibility. provided the unique opportunity of plicant with a $700,000 grant even In the meantime, I would ask my paying the most expensive prices in the though it did not know what it was for, friends in the other party to change world for medications that were origi- Mr. Speaker. their attitude from just asking for nally developed with U.S. tax dollars. HUD paid the full amount of $227,000, more money, for asking for more taxes Many in the industry not only now Mr. Speaker, for a project even though and increases in taxes, and help us are limiting sales, they argue about that same project that it was paying change this attitude that the President the safety of these medications pur- for, the full project, one-third of the is trying to change, and we are going chased from Canada. Yet today, we im- project had only been completed. And, to continue to try to change. port $15 billion worth of medications yet, the entire sum went out. f from around the world. Nobody argues Again, no accountability whatsoever. PURCHASING PRESCRIPTION about their safety. And the most tell- And nothing seems to happen. ing example about the issue of Canada The public housing authority in DRUGS FROM CANADA AND EU- ROPE is that in October 2000 when the United Bridgeport, Connecticut, received an States Government needed a vaccine extra $750,000 in operating subsidies The SPEAKER pro tempore. Under a for anthrax, where did they turn be- during the year 2000, while incurring previous order of the House, the gen- cause there was a shortage here in the $300,000, Mr. Speaker, in unnecessary tleman from Illinois (Mr. EMANUEL) is United States? utility expenses for units that had been recognized for 5 minutes. vacant for years. Again, these are not Mr. EMANUEL. Mr. Speaker, people b 1945 new issues. from around the world come to Amer- They turned to Canada. If it was so And, yet, the Democrats, Mr. Speak- ica for their medical care. Yet Ameri- unsafe for our consumers to go to Can- er, still insist on trying to raise the cans are forced to travel around the ada to buy medications, where did the taxes of the hard-working American world for their prescription drugs and United States Government go in dire people to do more of this. medications. Today, in the Washington need? They went to Canada because the You see, Mr. Speaker, the Federal Post, there was a poll conducted by the system in Canada is comparable to our Government has grown at an uncon- Washington Post and ABC News show- system. trollable size. And the Democrats in- ing more than two-thirds of Americans A recent Wall Street Journal/Harris sist on raising the taxes on the hard- think it should be legal to purchase Interactive poll shows 77 percent of working Americans to do more of this, medications from Canada and Europe Americans believe it is unreasonable of throwing good money after bad and and other industrialized nations. for pharmaceutical companies to take bad money after good and good money I think this is significant given on actions like Eli Lilly did today. after bad. Because it is not once, it is the eve that the conference on pre- The facts are that the claims made over and over and over. And their solu- scription drugs is meeting to know by the FDA and the pharmaceutical tion, Mr. Speaker, is it is not a prob- where the American people are on the companies about the dangers of these

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.057 H20PT1 H9710 CONGRESSIONAL RECORD — HOUSE October 20, 2003 drugs simply do not hold. They did not ican taxpayer. In the 10 short months Here are a few recent examples of hold when the United States Govern- that I have been a Member of Congress, waste within the VA: the Veterans Ad- ment needed them, and they do not I have been appalled by the waste, ministration keeps an excess inventory hold today when our seniors and others fraud, and abuse that I have found to of medical supplies totalling $64 mil- are forced to go to Canada to get life- exist within the Federal Government. lion, or 62 percent of its $132 million in- saving medications. As a member of the Washington ventory. An example is at four pharma- This system is not some great beyond Waste Watchers and of this body, I be- ceutical facilities surveyed, the Inspec- that we do not know. Today in Europe lieve it is my duty to bring to the tor General found 48 percent of the in- the system of parallel trading exists, public’s attention instances of fraud, ventory was actually in excess. free trade where people in Germany or waste, and abuse. It not only steals The VA medical supply procurement France or England or Ireland buy medi- from taxpayers but also from the bene- practices are also questionable because cations wherever they need them in ficiaries who truly need the benefits. very often they pay more for medical Europe. That system exists, and it is I have been given the honor of serv- supplies than the market price, and the most competitive market in the ing on the House Committee on Vet- here is an example of that. During a 6- pharmaceutical industry. erans’ Affairs. In this position, I exer- month period, seven out of 10 VA med- What I am suggesting, what others in cise oversight responsibilities over the ical centers that purchased standard bipartisan fashion have passed in July, second largest agency in the Federal powder-free surgical gloves failed to the legislation known as market ac- Government. The VA is a laudable in- use the established FFS contractor and cess, are suggesting is allow the United stitution with lofty goals and worthy overpaid an open-market vendor by 28 States to participate in that market intentions. However, as evidenced by percent. This error in disposable gloves access. Allow the barriers to come long wait times suffered by many vet- alone cost the taxpayers $34,000. down, allow the market to organize erans, not only in my district but in As evidenced by these instances of and properly manage itself and prices other districts as well, it has not al- fraud and abuse which are only the tip in the United States would come down, ways flourished under the best manage- of the iceberg within the VA and other rather than allowing a 40 to 50 percent ment practices. Again this year, the Federal agencies, it is imperative that disparity between the prices in Canada GAO placed the VA on its high-risk list the culture in Washington change. and Europe between the United States. for fraud, waste, and abuse. Here are Instead of the knee jerk reaction to raise That is what would happen if we passed but a few examples of fraud and waste taxes to fund programs or to create mandatory this legislation today. that I will discuss that happened in the spending entitlements (the answer favored by For too long, if we take a look at it, VA where we stood to lose over $130 Democrats) we must look into the wasteful in Families USA, the 50 most com- million to unscrupulous felons. spending practices the result from unchecked monly used drugs by our seniors have They have been vulnerable to this be- bureaucracy! It is my deepest hope that by highlighting risen 31⁄2 times the rate of inflation. Be- cause of poor management practices these abuses and bringing them to the atten- tween 2000 and 2003, seniors’ expendi- and loose accounting standards. Three tion of the American taxpayer, the VA will con- tures on prescription drugs increased VA employees, two in my home State tinue to take corrective action under the lead- by 44 percent. of Florida and one in New York, embez- ership of Sec. Principi and respect that the The costs of medications are too ex- zled nearly $1.3 million by exploiting money that they are spending is the people’s pensive. Eli Lilly and the other phar- internal weaknesses in the VA benefit money. Not their own. maceuticals are limiting the sales to program. With this money one em- Waste, fraud, and abuse throughout the fed- Canada in an attempt to cut off the ployee purchased a Mazda Miata, a eral government is decades old, and Repub- seniors. And what does the United Mitsubishi 3000 GT, and two engage- licans—led by Budget Chairman NUSSLE and States Congress do and what does the ment rings. Speaker HASTERT—are working to eliminate United States Senate do? When they After a review was conducted as a re- the culture of waste that has existed in the passed a prescription drug, when it sult of this crime, auditors uncovered federal government. came to the issue of price and afford- 136 other cases of potential fraud or As a Republican, I will work to reduce ability, the Congress did nothing. And mishandling of veterans’ benefit wasteful spending in the government and pro- so people are forced to take action in checks from offices in St. Pete, Flor- tect your tax dollars. ida, and St. Louis, Missouri, alone. their own hands and go to Canada. f We should not turn our grandmothers We need to seek out this fraud, not and our grandfathers into drug run- just believe that the solution is to CONSTITUENT LETTERS ners, filling up prescription bags for raise taxes and turn our backs on REGARDING people that live in the housing centers fraud, waste, and abuse. The SPEAKER pro tempore. Under a with them. We can deal with the issue The VA has also identified approxi- previous order of the House, the gen- of cost. Allow the free market system mately 7,000 possible cases of individ- tleman from Ohio (Mr. BROWN) is rec- to work and allow choice to exist and uals who may be receiving benefits in- ognized for 5 minutes. prices would come down here in the tended for deceased veterans. The VA Mr. BROWN of Ohio. Mr. Speaker, United States. estimates that they netted nearly $21 about 170 or so years ago, John Quincy For too long the American people million over 5 years by identifying Adams came to the House floor night have been forced to subsidize the starv- these cases. Can you imagine that they after night reading letters from his ing French and Germans. We should are continuing to pay for veterans who constituents because the conservative give them competitive prices, give have passed away? leaders of the House of Representatives them choice, allow the free market to For more than 7 years, nearly 400 vet- in those days passed a rule prohibiting work; and we will finally get the pre- erans actually received VA educational banning the debate and discussion of scription drugs people need and de- benefits even though they did not at- slavery in the United States. He read serve. tend class. The veterans had a great letters mostly from women in his Mas- f scheme going with the instructor who sachusetts district protesting the cut- falsified their attendance. Nineteen de- ting off of debate, the fact that con- WASHINGTON WASTE WATCHERS fendants have been convicted in this servative leadership in Congress simply The SPEAKER pro tempore (Mr. scheme, and the government has re- did not want this discussed. SHERWOOD). Under a previous order of couped over $4.5 million. Today, 165 years later, I have come to the House, the gentlewoman from Flor- Lastly, the Department’s Inspector the House night after night reading let- ida (Ms. GINNY BROWN-WAITE) is recog- General estimated that roughly 13,700 ters from any constituents, talking nized for 5 minutes. veterans have been paid about a mil- about corruption in the Bush adminis- Ms. GINNY BROWN-WAITE of Flor- lion dollars nationwide and that the tration, talking about the money we ida. Mr. Speaker, I rise to join my col- Department has no systematic method are spending on reconstruction in Iraq, leagues, and in particular the gen- to identify these people who are pris- talking about the billion dollars a tleman from Florida (Mr. MARIO DIAZ- oners. Prisoners should not be paid vet- week, a third of it from private con- BALART), as a vigilante for the Amer- erans benefits. tractors, money that goes to the

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.061 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9711 friends of the President and the compa- supplying them with body armor, yet b 2000 nies and contributors supporting the we are forcing them when they get TRIBUTE TO MR. JAMES W. FEE President, and really wondering why leave, if they do, to pay for their own OF HUTCHINSON, this administration and the conserv- plane tickets home. Yet we are spend- ative leaders in this Congress will not ing a billion dollars a week and a third The SPEAKER pro tempore (Mr. allow us to discuss this. of it is going to private contractors, SHERWOOD). Under a previous order of I have gotten letter after letter from many of them contributors to and the House, the gentleman from Kansas (Mr. MORAN) is recognized for 5 min- my Ohio constituents wondering why friends of the President. utes. Vice President CHENEY still gets $13,000 Eric of Akron writes, ‘‘I am dismayed Mr. MORAN of Kansas. Mr. Speaker, every month from the Halliburton this country can find billions of dollars I rise this evening to honor a public , the company of which he to pay for an unnecessary and illegit- servant, James W. Fee of Hutchinson, was CEO 3 years before he was Vice imate war in Iraq but cannot find in its Kansas, and join with his family and President, a company that is still re- heart to solve some of the real prob- community in mourning his recent ceiving millions, hundreds of millions lems this country and the world are passing. In his life, Jim loved his fam- of dollars in unbid government con- facing. I am saddened and I am ily, his community and his country. tracts. sickened. Very few of you in Congress Jim proudly served his country for Just last week I tried to offer an and the Bush administration are really nearly 50 years in the United States amendment to the $87 billion appro- looking out for the people of this coun- Navy, first aboard the U.S.S. Albany priations that would have stopped try.’’ and then as captain of the U.S. Naval some of the corporate tax evaders who Corky of Strongville, Ohio writes, ‘‘It Reserve. His patriotism and allegiance have evaded taxes at the expense of the is time the American people hold the to the principles of freedom were American citizens. The amendment Administration accountable for lies in shared with all who would listen. would have banned corporate tax evad- regard to Iraq. No more money or Jim’s tireless commitment and devo- ers, tax dodgers, from receiving any troops should be committed until a full tion to his hometown was unrivalled. contracts on the reconstruction of investigation is conducted.’’ Throughout his life, Jim took a lead Iraq. PARLIAMENTARY INQUIRY role in making certain his community We know that Halliburton companies Mr. CUNNINGHAM. Mr. Speaker, I was always an attractive place to call have broken Federal law, yet we still have a parliamentary inquiry. Is it home. Without fail, Jim would report give them these contracts and they proper decorum of the House to call the to his friends, family and colleagues still pay the Vice President of the President a liar? upon his return home from travel, It United States, this is on record, pay The SPEAKER pro tempore. If the was great to visit, but I could not wait him $13,000 a month. gentleman’s remarks were of that to get home to Hutchinson. I will begin to share some of these tenor, they would be out of order. Jim’s actions equalled his words. His letters. Mr. BROWN of Ohio. Mr. Speaker, I service as mayor of the city of Hutch- Jill from Akron, Ohio writes, ‘‘It is a did not mean to say that. I was reading inson and as a member of the Hutch- disgrace that our government is willing a letter and talking about the Bush ad- inson City Commission was guided by to spend billions on another country ministration. If I actually called the the goal of doing the common good for when the education system in our President a liar, I withdraw that. I do the most people. His leadership and country is crumbling.’’ not mean to say that. dedication to his church, his profes- Dr. Steve in Hinckley writes, ‘‘The The SPEAKER pro tempore. Without sional trade associations and his busi- Iraq war has not made it safer. It has objection. ness interests were always marked harmed relationships with key NATO Mr. CUNNINGHAM. Mr. Speaker, fur- with charisma, honesty and sincerity. allies as well as helped fuel more anti- ther parliamentary inquiry, there are Jim was also, by every account, a American sentiment in the Middle slick ways to get around calling the successful businessman. Along with his East. This has to stop.’’ President a liar and still doing it. I brother Franklin and his father Frank Francene from Akron, Ohio writes, would object. T., Jim teamed to build the Fee Insur- ‘‘Please do not vote for additional The SPEAKER pro tempore. The gen- ance Group into an industry-leading independent insurance agency. With a funding for this war. It took lies and tleman from Ohio (Mr. BROWN) may deceit to get us into this war, and we proceed in order. disciplined approach and a vision for should back off now and let the United Mr. BROWN of Ohio. Mr. Speaker, is success, Jim directed the agency for Nations help rebuild the mess in Iraq that time taken away from me during over a quarter century. Most important to Jim was his fam- that Mr. Bush created.’’ She is talking the parliamentary inquiry? about the things that the administra- The SPEAKER pro tempore. No, the ily. He and his wife of nearly 50 years, Martha, raised five children, Jim, Jr., tion told us that simply are not true: clock was stopped during the inquiry. the weapons of mass destruction, the Mr. BROWN of Ohio. Mr. Speaker, Stacy, Allen, Bob, and Dan, and de- al-Qaeda connections, all of those Deborah of Akron, Ohio, writes, voted endless love and attention to 18 grandchildren. things. ‘‘Please do not give $87 billion to Presi- Jim Fee personified the words of Terence of Avon Lake writes, ‘‘We dent Bush. He and his advisors did not Abraham Lincoln, ‘‘I like to see a man need to hold the Bush administration plan well for the rebuilding of Iraq.’’ I proud of the place in which he lives. I accountable for their poor Iraq plan- think she is talking about the Kevlar like to see a man who lives in it so that ning and nonexistent exit strategy. jackets, the body armor that simply his place will be proud of him.’’ Jim Please withhold the funds requested was not planned, even the war was Fee made his community, State and until they lay out an exit strategy planned maybe more than a year and a Nation a better place. He and his fam- from Iraq.’’ half ago. ily can be proud of the life he lived. One of the things that Terence is ‘‘Control of this project should be I join his many friends and his admir- talking about is the fact that a year or under the authority of the U.N. We ers in extending my deepest sym- 14 months after President Bush said he should help but not by throwing more pathies to Martha and the Fee family. wanted to attack Iraq, we still do not money after a very unsuccessful plan f have body armor for our troops. One- by the Bush team. Maybe the President quarter of our troops still do not have should ask his rich friends for the A JOBLESS RECOVERY IS NO body armor, are not going to have it at money since they are the only ones RECOVERY earliest until December; and I am hear- benefitting big time from his tax cuts.’’ The SPEAKER pro tempore. Under a ing from families who just cannot be- She is talking about the tax cut previous order of the House, the gen- lieve that we knew we were going to do where millionaires get $93,000 while 50 tleman from Texas (Mr. GREEN) is rec- this, yet we are not taking care of the percent of people in my home State ognized for 5 minutes. troops. We are not supplying them with and the home State of the gentle- Mr. GREEN of Texas. Mr. Speaker, I antibiotics. We are not supplying them woman from Ohio (Ms. KAPTUR) got rise on behalf of unemployed Ameri- with safe drinking water. We are not zero dollars from that tax cut. cans.

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.063 H20PT1 H9712 CONGRESSIONAL RECORD — HOUSE October 20, 2003 The administration and our Repub- Additionally, too many of our service Mr. NEUGEBAUER. Mr. Speaker, I lican leadership tell us that the econ- sector businesses are outsourcing their rise today because of the serious con- omy is rebounding and that we are in jobs to cheaper foreign labor. Today, cerns I have about wasteful spending an economic recovery, but to the hard- we already have 400,000 jobs outsourced practices by the United States Govern- working Americans who are still look- to a country like India. That number is ment. Waste, fraud and abuse is ramp- ing for those jobs, the statistics do not bad enough, but even worse is a recent ant. amount to a hill of beans because they study indicating that over 3 million of Financial management, for instance, still cannot find work. To them, a job- these jobs will likely be outsourced at the Department of State is a prob- less recovery is no recovery at all. over the next 10 years. lem. Although it accounts for billion of America’s unemployed have this ad- This country has already felt the tre- dollars annually in appropriations and ministration to thank for an economic mendous pain of losing almost 3 mil- possesses over $20 billion in assets, it recovery that has produced few jobs lion jobs. We need to take action now usually cannot determine how much its and has little impact on their lives. to encourage private sector business to programs cost or how much money it Sure, the administration will tell us keep these much-needed jobs at home. has. An audit revealed that the State that job creation is its number one pri- Mr. Speaker, the unemployment rate Department owes $3.5 million on past ority. In fact, over the past year, the in this country stands at 6.1 percent. orders that have never been delivered, President has gone on a nationwide The sad news, however, is that that a revelation which the Department’s public relations tour touting his tax number does not even take into ac- accounting books failed to reflect. One cut in front of backdrops that pro- count the thousands of Americans who contract billed the Department for claimed ‘‘Strengthening America’s have looked for work but have now $92,000 in insurance premiums for a pol- Economy’’ and shout ‘‘Jobs, Growth given up. Labor force participation, the icy that never existed. and Opportunity.’’ percentage of Americans who are ei- The financial management service at The truth of the matter is, however, ther working or looking for work, is the Department of Treasury could not that any growth produced by the ad- only 66 percent. It is at the lowest level produce details on many outstanding ministration’s economic policies has since 1991. checks, and in one case, caused a $3.1 come at the expense of jobs or Con- We need true job creation in this billion overstatement of its cash posi- gress’ opportunity to create them. country, not the administration’s idea tion. The Inspector General reviewed 24 Let us take the administration’s of job creation through permanent tax individual cases of government pur- catch-all solution for any of our eco- cuts, tort reform and more free trade chase on credit cards at the same de- nomic woes, tax cuts. The administra- legislation. That kind of trickle-down partment. The investigation revealed job creation will not work any better tion said that our economic recovery that purchases were unsupported and than their trickle-down economics. would be fueled by consumers who unjustified, and while none of those Instead of their faulty economic poli- spent the extra money. Unfortunately, cies, we need to stimulate the economy were large, had large price tags, they an income tax cut does not help unem- directly by aiding our cash-strapped concluded that the system is more ployed workers without an income. States so that our law enforcement and than moderately subject to fraud, They do not feel the economic recov- teachers can keep their jobs. We should waste and abuse. ery. Last November, the GAO investiga- create jobs through public works pro- To this argument, the administration grams that will employ our skilled tors created a fictitious graduate-level is sure to say, wait a minute, we also workers while repairing America’s school they called Y Hica Institute for gave businesses tax cuts to expand and crumbling roads and bridges. This is the Visual Arts, purportedly located in create jobs. Well, our businesses did the kind of economic stimulus needed London, and received student loans on not take their advice. Instead, they in- in our country. This is the kind of eco- behalf of fictitious students, including vested in technology and innovation, nomic stimulus that creates jobs on one name which was the same as the and in doing so, they increased produc- the ground. chair of the Permanent Subcommittee tivity and can now produce more prod- The administration tells us to be pa- on Investigations of the Senate Gov- ucts without producing more jobs. tient, the economy is growing and the ernment Affairs Committee. In fact, a recent Department of Labor jobs will come. Unfortunately, how- Employment Training Administra- study determined that our high unem- ever, recovery based on increased pro- tion’s accounting system for grants is ployment levels are due not just to lay- ductivity only lessens the chance for consistently poor. For example, trans- offs, but primarily to the lack of job creation because to create jobs the fers of Workforce Investment Act funds newhires in expanding businesses. So economy must grow faster than pro- are not even noted on the agency’s tax cuts for businesses have provided ductivity, and it does not seem likely books. little relief for unemployed workers. that our sputtering economy will be The Department of Labor Inspector Our trade policies have also been meeting these expectations in the near General estimates that the IRS over- truly devastating for the American future. charged the Unemployment Trust Fund worker. By implementing fast-track So, here we are, with record-level by $174 million in fiscal years 1999 trade negotiating authority and perma- trade deficits brought on by record- through 2002. nent normal trade relations for China, level tax cuts that will not do a thing $238 million in funds were found that we have seen American jobs go out on for most of the American people hurt- the States no longer needed on projects a fast track out of this country. I ing the most. And it is a shame, par- that should have been redirected to would remind my colleagues that 3 ticularly because we had a choice. The other projects. Of this amount, $54 mil- years ago, we were promised that trade administration could have pursued eco- lion was idle for 16 years on a freeway with China would lead to an increase in nomic policies in the best interests of project in Connecticut that had never American jobs and exports. Well, cer- both our country and America’s unem- even started. tainly, we were not told that, 3 years ployed workers. Instead, they pursued The Environmental Protection Agen- later, our main export to China would economic policies in the best interest cy awarded $700,000 on a contract with- actually be American jobs, about 1 mil- of their campaign and reelection ef- out knowledge of the work the recipi- lion of them to be specific. forts, and the unfortunate result is a ent was going to perform. The work Frankly, we have given American jobless recovery, or if we ask our un- plan did not have clear objectives, businesses little incentive to keep employed workers, no recovery at all. milestones, deliveries or outcomes. their jobs in this country. In ratifying The Inspector General of the EPA au- f a flurry of free trade agreements, we dited a sample of 116 assistant agree- have made it increasingly difficult for WASTE, FRAUD AND ABUSE IS ments awarded by the Office of Air Ra- American products to compete with RAMPANT diation and the Office of Water. In 79 their inexpensive foreign competitors. The SPEAKER pro tempore. Under a percent of these projects, using over We have left many American busi- previous order of the House, the gen- $100,000, project officers could not docu- nesses with few choices other than to tleman from Texas (Mr. NEUGEBAUER) ment the costs or document cost re- move production, and jobs, offshore. is recognized for 5 minutes. views of the proposed budgets. In 42

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.065 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9713 percent of these projects, the EPA did computer if there was no way to obtain a cavernous Brooklyn warehouse, filled with not even determine the environmental printed receipt of your transaction? row after row of mechanical lever voting ma- outcomes. For example, EPA awarded a There already have been problems. For ex- chines, purchased mostly when John F. Ken- ample, in the 2002 election, the new com- nedy was in the Oval Office, shows just how recipient $200,000 to regulate costs puter voting systems in Florida lost more far New York City has to go. charged by power companies. The work then 100,000 votes due to a software error. ‘‘It’s sticking,’’ Mr. Parks finally yelled plan contained no environmental out- Voting is not like a physics experiment. out to Mr. Crews, a more experienced me- comes and stated that specific projects We learned in Florida that even if the first chanic, as he tried to reset a vintage Shoup would be identified at a later date. attempt is flawed, no large-scale election is voting machine so it could be used in the These are just a few examples of the likely to be repeated merely to verify the re- Nov. 4 election. ‘‘I am trying to get to the sult—as one would do in any good scientific screw. But I can’t get to it.’’ waste, fraud and abuse, a problem New York State has a plan to buy new vot- which is decades old. Republicans, led measurement. Thus, you have to get it right the first time and allow some method of se- ing equipment, replacing New York City’s by the gentleman from Iowa (Mr. cure verification. 7,295 machines as well as the 12,000 similarly NUSSLE), the Committee on the Budget It is not surprising, therefore, that one of antiquated machines elsewhere in the state. chairman, and President Bush and two Ph.D. scientists in Congress, physicist The federal government has already deliv- those of us here tonight are working Rush Holt of New Jersey, has proposed new ered $65 million in aid to New York to get hard to eliminate the culture of waste legislation that would require a paper record this modernization project under way, and that exists today, and I believe we have of every vote and require that all software up to $180 million more could ultimately come from Washington. a chance. I urge my colleagues to join for use in elections be verified in advance. In spite of this, various states have indi- Though New York City’s voting machines this effort because waste, fraud and cated a willingness to go ahead with systems broke down 603 times in the 2002 primary and abuse within the Federal Government that experts in the field find suspect. As re- general elections, forcing thousands to vote not only steals from the taxpayers, but ported in the New York Times last month, by paper ballot, not a cent of the federal the beneficiaries so desperately in need software flaws in a popular voting machine, funds has been spent in New York State so of quality services. the Diebold Accuvote-TS machine, make it far. And as each month passes, it is looking vulnerable to manipulation. More than 33,000 increasingly uncertain that the state will This is not a debate about which pro- comply with a federal requirement that all grams should be funded. This is about of these machines are used in 38 states. In the Science Applications International the lever machines be retired by 2006. bringing accountability to the money ‘‘It is a very tight schedule, even without Corporation report, commissioned by Mary- delay,’’ said Lee Daghlian, a spokesman for that is spent. As Members of Congress, land (which nevertheless plans to use the the New York State Board of Elections. ‘‘It we have a responsibility to do make Diebold machines in its next election), ‘‘sev- is going to be very difficult to do. And if we sure that the American families do not eral high risk vulnerabilities’’ were identi- get ripped off. don’t meet the deadlines, we are in violation fied—even based on the assumption that the of the law.’’ machines are isolated and not connected to f The federal government has the right to the Internet. But in a March primary in Cali- sue states that fail to comply, and to with- 2004 ELECTIONS fornia, the Diebold machines were connected hold aid. to the Internet with election tallies posted The SPEAKER pro tempore. Under a Many other states are also struggling with on the Internet before polls closed. voting modernization, with just a few, like previous order of the House, the gentle- It is interesting in this regard that Walden Georgia and Maryland, already installing or woman from Ohio (Ms. KAPTUR) is rec- O’Dell, the CEO of Diebold, an Ohio com- selecting new machines statewide. Just why ognized for 5 minutes. pany, was quoted in The Plain Dealer as tell- New York is off to a slow start comes back, Ms. KAPTUR. Mr. Speaker, this ing Republicans in a recent fund-raising let- at least in part, to that perennial source of evening I wish to talk about the elec- ter that he is ‘‘committed to helping Ohio roadblocks: partisan-charged squabbling tions of 2004 and how we prepare for deliver its electoral votes to the president among the Senate, the Assembly and Gov. next year.’’ them across our country, and I wish to George E. Pataki in Albany. But in this case, As we rush to install computer voting sys- it is more complicated. attach an article from the Cleveland tems, we should remember the admonition of A long list of fundamental questions must Plain Dealer today entitled, ‘‘Com- a former chief scientist at Sun Microsystems be answered about how best to remake the puter Voting Is Not Fool-proof’’ and Inc., who said in a television interview fol- voting experience across New York State: also a front-page story from the New lowing the 2000 election: ‘‘If your life de- what the new ballot should look like, how a York Times entitled ‘‘Replacement pended on the measurement of a single bal- new statewide voter registration database Near, Old Vote Machines Are New York lot, would you prefer it be read by a ma- should be set up, what kind of security Issue.’’ chine, or examined carefully by three dif- should be incorporated into the new ma- ferent human beings?’’ chines to prevent fraud, whether there [From the Cleveland (OH) Plain Dealer, Oct. If we are to avoid a host of articles on this should be one machine statewide or several 2003] page explaining how the election of 2004 models, and who should select the machines COMPUTER VOTING ISN’T FOOL-PROOF might have been stolen, state governments the state will buy. (By Lawrence M. Krauss) must step back from the current headlong Resolving each question will be hard rush to install computer-voting system until enough. But the choices must come amid the Anyone who was not in a coma in Novem- the necessary verification systems and secu- charged atmosphere sure to form as lobby- ber 2000 remembers the agony caused by the rity guarantees, certified by outside experts, ists from the nation’s biggest manufacturers now infamous butterfly ballots and hanging are in place. Certainly no one wants to re- of voting equipment descend on Albany, try- chads. Concerns about the possible repeat of lieve the frustration that followed the 2000 ing to grab a piece of what could be one of events almost caused the California recall election—without any possibility of recheck- the largest voting machine contracts in the election to be delayed. ing the results. nation’s history. Following the election debacle in Florida, ‘‘This is going to be intense,’’ said Brian Congress became determined that in the next [From the New York Times, Oct. 20, 2003] O’Dwyer, a Democratic Party activist and a elections the winners actually would be de- lobbyist for Sequoia Voting Systems. Se- termined by all the votes casts. Last Octo- REPLACEMENT NEAR, OLD VOTE MACHINES ARE NEW YORK ISSUE quoia, a California company, has also hired a ber, they passed the Help America Vote Act Republican lobbying team, led by Jeff Buley, (By Eric Lipton) in order to help states prepare for the next who was general counsel to Governor election. Unfortunately, the solutions being James Parks, on his knees, struggled to Pataki’s re-election campaign last year. proposed, involving an assortment of com- find the one screw amid the 20,000 parts that ‘‘It is huge,’’ added Dan McGinnis, senior puter-voting systems, may be worse than the would unjam the scraped and dented New vice president for domestic sales at Election problems they were designated to fix. York City voting machine he was repairing. System & Software, an Omaha, Neb., com- We are used to depending on computers for Ray Crews, another mechanic, had a handful pany that wants into the New York market. almost every aspect of our lives, from gov- of thin metal straps, which he carefully Regardless of who wins the contract, vot- erning our bank accounts to controlling our threaded, one at a time, into the back of the ers will see the biggest changes in nearly a cars. So it doesn’t seem highly radical to 800-pound behemoth he was servicing nearby. century. So a small army of government suggest computer-aided voting. That is, until And Jamie Wilkins used a screwdriver to flip watchdog types is monitoring the debate, you think of the possible problems. back tiny copper switches in the endlessly ready to intervene if politics intrudes on one How can you be assured after you vote that complex guts of another battleship-gray ma- of democracy’s fundamental rights. the machine actually recorded your vote? chine. ‘‘How you run your election is a corner- With a paper ballot, even a flawed ballot, at Almost three years have passed since the stone of democracy,’’ said Blair Horner, leg- least there is a semi-permanent record that Election Day debacle in Florida that gen- islative director for the New York Public In- we can return to—and argue over, if nec- erated calls for a comprehensive nationwide terest Research Group. ‘‘We are very con- essary. Would you buy an airplane ticket by modernization in voting equipment. But this cerned that a voting system may be put into

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.066 H20PT1 H9714 CONGRESSIONAL RECORD — HOUSE October 20, 2003 place that is less voter-friendly than the one time. Advocates for disabled people prefer Myers turned his fascination with bank we have right now.’’ the scrolling machines, as they are smaller vaults into the ‘‘automatic ballot cabinet’’— PARTISAN DISPUTES and easier for a person in a wheelchair to acquiring the machines for New York has use. been a touchy process. President Bush signed the Help America New York State officials have not taken a Buffalo and Rochester moved to adopt the Vote Act into law in October 2002. From the final stand on the issue. But sides are form- machines early on, buying into promises moment New York began to try to comply, ing. C. Virginia Fields, the Manhattan bor- that they would ‘‘protect mechanically the polities intervened. ough president, and State Senator Liz voter from rascaldom, and make the process When Governor Pataki set up a task force Krueger, both Democrats who have issued re- of casting the ballot perfectly plain, simple to a plan detailing how New York ports on the election modernization effort, and secret.’’ But New York City fought an would spend its cut of the expected $3.7 bil- each concluded that the state should aban- order by the state in 1925 that it abandon lion in federal funds, he passed over Thomas don the full-face ballot requirement, citing pencil-marked ballots for the supposedly R. Wilkey, the executive director of the the disadvantages it will create for disabled more efficient machines. State Board of Elections, a Democrat, and people. They also said it limited the options ‘‘I can see the day when good Americans instead named the deputy director, Peter S. of manufacturers. can sit motionless in their chairs and live Kosinski, a Republican, as the task force’s Some Republican leaders, meanwhile, say without touching anything,’’ complained chairman. Mr. Kosinski then filled most of they want to keep the law as it is. ‘‘I think John R. Voorhis, then president of the city the task force’s other 19 seats with members people ought to be able to see everything Board of Elections, after the city backed of the Pataki administration or other Repub- that is going on at one time instead of flip- down and finally purchased its first complete licans. Mr. Wilkey has since retired from the ping menus,’’ said State Senator Thomas P. set of election machines. agency. When New York City moved to buy a sec- Morahan, a Rockland County Republican and Groups like Common Cause/New York and ond generation of machines in 1962, a lawsuit the chairman of the Senate Elections Com- New York Immigration Coalition had re- nearly blocked the purchase, this time with mittee. ‘‘I don’t believe I would be able to quested that the task force include disabled claims that the contracting process had been get a bill out of the Senate on changing the people, young voters and members of ethnic corrupted. full-face ballot.’’ minorities. Unhappy with the result, critics Pressure started to build on the city to re- That is only the start of the unresolved accused the Pataki administration of trying place its 1960’s-era machines after the 1984 questions that may turn into partisan dis- to hijack the election modernization effort presidential primary, as supporters of the putes. The Assembly, as well as the Election to benefit his party. Rev. Jesse Jackson, the first major black Commissioners’ Association of the State of ‘‘From the start this process has been presidential candidate, charged that there New York and the New York Public Interest flawed, absolutely flawed,’’ said Assembly- had been too many machine breakdowns in Research Group, has pressed to have a single man Keith L. T. Wright of Manhattan, chair- predominantly black neighborhoods. new machine statewide, arguing it would man of the Assembly’s Election Law Com- But even before the city had awarded a make maintenance and training easier and mittee and one of the Democrats on to the contract for computerized voting machines, be better for voters who move within the task force. ‘‘And I will blame the governor.’’ there was controversy, with one lobbyist state. Mr. Daghlian, the Board of Elections claiming he had been asked for a bribe and a But Mr. Kosinski, whom Mr. Pataki has spokesman, said it should come as no sur- secret city report on the contest turning up hinted he would like to see named perma- prise that a Republican governor created a in the hands of one of the bidders. Ulti- nent executive director of the Board of Elec- Republican-dominated task force. He said mately, the city spent at least $4.5 million tions, said he thought the state should sim- Gov. Mario M. Cuomo, a Democrat, did the on consultants and other costs, but the ma- ply certify the electronic machines that same thing the last time there were federally chines never arrived, partly because a con- meet state and federal requirements and mandated changes in state election law. Now tractor could not deliver vote-counting soft- then leave it up to the local governments to the Democrats, he said, ‘‘do not control this ware that satisfied the city. pick the one they want. ‘‘New York has al- process’’ and are ‘‘moaning about not being Though neither a mechanism for awarding ways had a decentralized system of elec- in the loop.’’ a contract nor specifications for an accept- tions’’ he said. The quarreling has implications for voters. able voting terminal have been agreed to The list of politically charged issues goes One of the first federal requirements is to yet, lobbyists for manufacturers have been on and on. The new federal law, for example, create a unified database of registered vot- gearing up. requires that certain voters who have reg- The most aggressive campaign has come ers, to eliminate duplication and possible istered by mail present identification when from Sequoia Voting Systems, which won fraud that result from each county keeping they show up at the polls for the first time. the New York City contract in the 1990’s but its own tally. A 2004 deadline was set; al- Democrats, who have almost twice as many was never allowed to deliver on it. ready, New York has asked for a waiver until registered voters in New York State as Re- To pitch to Republican lawmakers in Al- 2006. publicans, want an expansive list of accept- bany, Sequoia has hired Mr. Buley, a legal Mr. Pataki had put $3 million in his budget able forms of identification, including col- consultant to the New York State Repub- plan for this year to start on the task, which lege identification cards and public housing lican Committee and a counsel to Governor is expected to cost $20 million. But the As- rent statements. Pataki’s 2002 campaign, at $7,500 a month. sembly struck that money when it adopted, ‘‘If you have too strict adherence to identi- Mr. Buley said he has met with staff mem- with the Senate, its own budget this year. fication procedures, it could lead to possible bers from the offices of Joseph L. Bruno, the ‘‘Until there is an understanding that this disenfranchisement and suppression of votes, Senate majority leader, and Senator is a bipartisan operation, the money coming especially in communities of color,’’ Assem- Morahan, the Elections Committee chair- loose will not happen right away,’’ said As- blyman Wright said. ‘‘In the history of the man, among others. semblyman Herman D. Farrell Jr., a Man- United States, this has happened many times Sequoia also has a Democratic lobbying hattan Democrat who is chairman of the before, and I have seen it happen in New firm, the law firm O’Dwyer & Bernstien, Ways and Means Committee and of the state York.’’ which is earning $10,000 a month. When that Democratic Party. Working through these and other sensitive firm learned that Assemblyman Farrell had Joseph E. Conway, a spokesman for Mr. issues, such as ensuring that the machines concerns about whether elderly voters would Pataki, said the governor was committed to are essentially fraud-proof and tamper-proof, be able to adjust to computerized voting ma- moving expeditiously and fairly toward mod- will not be easy, some critics said. Though chines, a Sequoia machine was brought in ernizing the election system. ‘‘These criti- Mr. Pataki’s task force produced a report and a demonstration was organized for Mr. cisms are just the same old tired partisan that is supposed to be a framework for mov- Farrell’s staff at a Washington Heights res- politics. New Yorkers know that the gov- ing forward, it offers few solutions, they taurant in northern Manhattan. ernor has worked to bring bipartisan co- said. ‘‘The state plan succeeds only in put- Elderly voters were recruited from local operation to our election process.’’ ting off or pushing down to the staff or coun- community centers, with an offer of a free Before the state can even start to buy new ty level the critical decisions that must be lunch. A bus was chartered. And for about election machines, a fundamental question mad,’’ said Jeremy Creelan, associate coun- $4,000, Sequoia’s lobbyists delivered a litany must also be answered about their design. sel at the Brennan Center for Justice at the of testimonials about how easy the Sequoia New York is one of only two states that re- New York University School of Law, a vot- machine was to use. quire a so-called full-faced ballot, which ‘‘This won’t be too hard,’’ said Mary ing rights and election reform group. ‘‘The means that all the races and candidates, as Frances Howard, 76, a regular at the Wilson process, from the beginning, has been a well as any ballot questions, can be seen at Major Morris Community Center at 152nd sham.’’ once by voters. Party loyalists can easily Street and Amsterdam Avenue, which sent flip switches down the line from race to race. A CENTURY OF CONTROVERSIES about a dozen volunteers to the demonstra- The mechanical lever machines were de- In a way, it should come as no surprise to tion and free lunch in June. ‘‘It is easy.’’ signed to accommodate large ballots. But New Yorkers that a voting machine contract Mr. O’Dwyer said the event was a success. most of the modern touch-screen voting de- would generate controversy. Since the first ‘‘He is very important,’’ Mr. O’Dwyer said of vices, which resemble automated teller ma- mechanical voting machine was introduced Mr. Farrell, who sent his chief of staff to the chines, cannot. They are set up so that a in the United States—in 1892, when an up- event. ‘‘His concerns have to be our con- voter can scroll through one contest at a state New York inventor named Jacob H. cerns.’’

VerDate jul 14 2003 04:27 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.042 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9715 Because of Sequoia’s aggressive early lob- give us the opportunity to bring a modern our communities in upheaval as we bying, some call it the front-runner for the system to the voters of New York.’’ face the elections of 2004. We have al- contract. ‘‘There is an undercurrent up here Anyone who was not in a coma last ready had experience with that. in Albany that says Sequoia is a lock,’’ said November 2000 remembers the election The Cleveland Plain Dealer says, ‘‘In Assemblyman Wright. ‘‘I think it is hor- rible.’’ debacle in Florida. Still today, thou- the 2002 election, new computer voting But Sequoia is not the only firm going the sands of votes remain uncounted. Con- systems that were brought on in Flor- lobbying route. Diebold Election Systems, gress, as a result, passed the Help ida lost more than 100,000 votes due to based in McKinney, Tex., and known mostly America Vote Act in October of last software error.’’ The bill that the gen- for its A.T.M.’s, is spending $12,500 a month year, and we provided at least language tleman from New Jersey (Mr. HOLT) to retain Greenberg Traurig, a Manhattan that directed the Bush administration has offered would require a paper law firm. Greenberg’s lobbyists are Robert to give funds to the States to buy new record of every vote and require that Harding, former deputy mayor under Ru- machines and also to help educate vot- all software for use in elections be dolph W. Giuliani, and John Mascialino, a lawyer and former first deputy commissioner ers how to use this new equipment and verified in advance. of a city agency charged with buying equip- to provide standards at the Federal I can tell my colleagues that in Ohio ment and supplies under Mr. Giuliani. level, so that local officials buying this I sent five computer security special- Election Systems & Software pays equipment would know what they were ists down to the Statehouse to look at Davidoff & Malito, one of the state’s biggest doing and the machines that they were the five systems that were being con- lobbying firms, $10,000 a month. Its senior buying would be both secure and easily sidered in Ohio. I was shocked at what partners, Sid Davidoff and Robert Malito, accessible to the voters. The problem is they came back to me with. There was are former aides to Mayor John V. Lindsay. not a single system Ohio was consid- Liberty Election Systems, a new outfit it is not happening, and we are facing owned by the executives of an Albany print- the election of 2004. ering that was both deemed very good ing company that has produced election bal- The law HAVA, the Help America or excellent in terms of computer secu- lots for decades, is spending $3,000 a month Vote Act, does not require any board of rity and in terms of ease of use. In on lobbyists from Capitol Group. elections to purchase equipment by a other words, because the Federal Mr. Daghlian of the State Board of Elec- year from next month, November. That standards do not exist, there is not a tions said that regardless of any lobbying can wait until 2006. I have been sur- dependable system that a big State pitch, no preference would be shown in eval- prised at the confusion that exists like Ohio can actually purchase. But uating voting machines. ‘‘There will be no our States and localities are under the sweetheart contracts with anybody,’’ he across our country regarding the re- said. quirements of HAVA. States are afraid impression that HAVA is forcing them the Federal Government is going to to do all this by a year from this No- PARTS BY THE THOUSANDS fine them, but the Federal Government vember. Absolutely untrue. Go back John P. O’Grady, New York City’s chief voting machine technician, was hired by the has not kept its word. It has not given and read HAVA. It does not say that. city Board of Elections to help oversee the the States the money that it needs be- As reported in The New York Times addition of computerized voting machines cause the Bush administration is not last month, software flaws in a popular when his daughter was 1 year old. Today, asking us for the proper amount of system called Diebold Accuvote made Megan, the daughter, is 12. The city still has money, nor is the Congress appro- it vulnerable to manipulation. More not installed its first computerized machine. priating the proper amount of money. than 33,000 of these machines are oper- ‘‘I can’t wait to see them, I just can’t wait Indeed, the Congress has appropriated ating in 38 States and high-risk to see them,’’ he said. ‘‘I know it has to less than half of what is needed to real- vulnerabilities were identified. In the come, and the mechanical machines have March primary election in California of served the city well, but the city and its vot- ly provide machines and equipment ers deserve a more modern machine.’’ that are trustworthy and the education this year, for example, these Diebold Until that happens, he spends his days that the voters need in order to use it. machines were connected to the Inter- leading a crew of 65 full-time mechanics who That is the purpose of my remarks net with election tallies posted on the work out of warehouses like the one at 645 this evening. The Cleveland paper says, Internet before the polls closed, which Clinton Street in the Red Hook section of ‘‘Unfortunately, the solutions being is absolutely not supposed to happen. Brooklyn. In just this one warehouse, 2,200 proposed, involving an assortment of Those votes are supposed to be pro- machines are stored, each with dents and computer-voting systems, may be tected. other marks that attest to decades’ worth of So if your life depended on the meas- city service. worse than the problems they were de- Keeping them running is not easy, as all signed to fix.’’ urement of a single ballot, would you the knobs, springs, straps, gears, cogs, roll- ‘‘How can you be assured after you prefer it be read by a machine or exam- ers, screws, counters and green, cherry, yel- vote’’ in your home precinct ‘‘that the ined by three different human beings at low and white light bulbs must be constantly machine actually recorded your vote?’’ the precincts, as we have done it his- checked and rechecked. ‘‘Wear and tear will And ‘‘with a paper ballot, even a flawed torically in this country? break you down,’’ said Jamie Wilkins, 44, a ballot, at least there is a semi-perma- Mr. Speaker, I will have more to say machine technician from International Elec- nent record that we can return to . . . on this in the days ahead. tion Systems, a New Jersey contractor hired The Presidential elections of 2000 were a by the city to repair and prepare the ma- Would you buy an airplane ticket by chines for elections. computer if there was no way to obtain debacle. Deep concerns remain until today Yet even with weeks of effort by Mr. a printed receipt of your transaction?’’ whether votes in Florida and in many other O’Grady’s army of mechanics, the Shoup ma- That is one of the problems of what States were accurately recorded. chines are breaking down too often, he con- is happening across our country. There Therefore, Congress passed the Help Amer- cedes. In the November 2000 election, the last is no paper audit trail required in every ica Vote Act, which authorized $650 million to presidential contest, 412 machines broke precinct. That is why the gentleman enable our States and localities to modernize down citywide for an average of 45 minutes from New Jersey’s (Mr. HOLT) bill here their voting machines should they be needed, to an hour each. As a result, 20,717 voters had plus $3 billion for a range of activities, includ- to use emergency paper ballots, leading to in the House is an absolutely proper lines so long that some voters gave up. Last way to proceed, requiring a paper audit ing training poll workers and election officials, November, when turnout was lighter, there trail at every precinct in this country. voter education projects, and other matters routinely involved with voting. were still 358 breakdowns among the 6,788 b 2015 machines in use. Importantly, the bill also authorized the es- The city at least has a sufficient supply of And if we do not have that, we should tablishment of an Election Assistance Com- backup parts, like the thousands of extra not ask these States and localities to mission to serve as a national clearinghouse black metal levers at the Brooklyn ware- purchase equipment that cannot pro- and resource for the compilation of information house. Far from the good of beginning a vide a verifiable audit trail. and review of procedures with respect to the phase-in of new machines by 2004, it will Because there is so much confusion administration of Federal elections. But that have to do for now. around the country, in every single ‘‘Let’s get this thing done,’’ said John commission is not functional to this day! Ravitz, executive director of the New York State, we should also provide for no- Money for Title I—the voting machines— City Board of Elections, a Republican who is fault absentee voting. We should pass was fully funded at $650 million. also a former member of the State Assembly. that as a Congress. It should be a no- The Election Assistance Commission was ‘‘Let’s settle the differences in Albany and brainer, because we should not leave supposed to have been appointed by the

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\A20OC7.045 H20PT1 H9716 CONGRESSIONAL RECORD — HOUSE October 20, 2003 President within 120 days of enactment of the Empty promises—an Election Assistance And how does this 5 to 9 percent sav- act. The act was signed on October 29, 2002. Commission that exists in name only; ings translate in terms of real dollars? 120 days expired on February 26 of this year, Confusion—our local officials do not know McClellan and Kessler’s model showed and the Commission was not appointed. The where to turn or exactly what is expected of that in States with effective tort re- sent the nominations to the Sen- them; form, Medicare costs were 5.3 percent ate on October 3—219 days late. Hearings on Ethical lapses and suspect activities—selling less for a new diagnosis of acute myo- the nominations are scheduled for October voting machines like we are at the Bazaar in cardial infarction, that is heart attack, 28—244 days late. By the time confirmations Baghdad instead of the credible and demand- and 9 percent less for ischemic heart are completed and officials are in place, it will ing American marketplace. disease. If applied nationally, this be basically 1 year late. America deserves better. If we can afford to would mean that the direct liability re- So, while our local election officials are spend $3.9 billion a month to ‘‘secure democ- forms would save $600 million a year in counting on $3 billion to help them improve racy in Iraq,’’ and can approve a supplemental the Medicare program. Extrapolating election systems, the administration has not which contains more funding than might be these costs across America’s health requested nor has the Congress provided the available for several Federal departments, care system, this amount would come amount authorized by the act. can’t we afford to spend $3 billion over 3 to an average savings of $50 billion a We authorized $1.4 billion for title II activi- years to help secure democracy here at year. ties for fiscal year 2003, but appropriated only home? Mr. HOYER has said that he hopes to Why are costs higher in States that $830 million—only 59.26 percent of the au- see this amount of funding added to the final have not enacted reforms such as those thorization. omnibus appropriations bill. I will support him We authorized $1 billion for fiscal 2004. The we passed in H.R. 5? Because doctors on it, and our leadership should as well. In have become accustomed to practicing administration requested only $490 million. order to assure intregity in the election of The FY’04 Treasury/Transportation appropria- defensive medicine, ordering tests they 2004, we must pass legislation to require (1) know their patients do not need, but, tions bill provides a little more—$495 million. audible paper trail of votes at every precinct But it is only 49.5 percent of the authorized gosh, it could save their practice that can be counted and verified, no fault ab- should a lawyer file suit against them. amount. sentee voting if a voter wishes to use that op- Meanwhile, in the absence of sufficient guid- This unnecessary type of health care tion. (2) no fault absentee voting if a voter spending drives up the cost of health ance from the Federal level, States have put wishes to use that option. together election improvement plans and are care for everyone. In fact, Mr. Speaker, f looking to buy machines that will impact our it even drives it up for trial lawyers. So elections for decades to come without suffi- STATE OF MEDICINE IN AMERICA average Americans are saddled with cient guidance from the yet-to-be appointed The SPEAKER pro tempore (Mr. the additional cost to the system when they go to the doctor. Election Commission. Localities are scram- SHERWOOD). Under a previous order of bling to keep up with the requirements of the House, the gentleman from Texas Now, some will argue additional med- these State plans. (Mr. BURGESS) is recognized for 5 min- ical services are a good thing. They What has it meant? Recent studies have utes. may say a doctor performing more come out that seriously question the security Mr. BURGESS. Mr. Speaker, I rise tests will save more lives. However, the of these electronic voting machines, especially tonight to speak once more about the study did show between reform States the Diebold machines which are being pur- state of medicine in America brought and nonreform States mortality rates chased in Ohio, and in other States. The man- on by an overly-litigious environment remain constant, indicating that a liti- ufacturers have dismissed these studies, but that pits patients against doctors and gious environment does not improve this dismissal cannot be accepted. lines the pockets of special interest health outcomes. The current environ- The integrity of our voting system was the lawyers. ment is not conducive to low-cost qual- reason we adopted HAVA, and is at the core This crisis reduces the access to care ity health care and must be changed. of our election system. and ultimately increases the cost of In fact, it is our duty to change this en- Where is the Federal oversight that we are health care for all Americans. This is a vironment. The Congressional Budget supposed to have? situation that must be resolved. And in Office has concluded that reform would What has the State of Ohio done to be sure fact, in March this House took a big lead to ‘‘an increase in the number of that it is providing adequate guidance to local- step toward that resolution when we employers offering health insurance to ities regarding secure equipment? passed H.R. 5 that will take great their employees.’’ Several stories in the Cleveland Plain Deal- strides to address this glowing national er, the Columbus Dispatch, and the Toledo As we have already seen in Cali- crisis. Blade have highlighted ethical concerns re- fornia, health care costs in that State At a time, Mr. Speaker, that we are garding gifts and favors provided by vendors are an estimated 6 percent lower than debating costs in health care, in 1996 trying to sell $100 million in high-tech voting in other States, saving California pa- the Quarterly Journal of Economics machines to 88 county election offices; tients $6 billion a year on health care, published a study on the cost of the Stories have also highlighted the disturbing all because California had the foresight current medical liability system and fact that Waledn O’Dell, chief executive of in 1975 to adopt meaningful medical li- the cost of that system on the overall Diebold, Inc., in the words of the Cleveland ability reforms. Now the Congress has cost of health care in our country. Plain Dealer, ‘‘The head of a company vying the same opportunity to positively im- That report, written by Dr. Daniel to sell voting machines in Ohio told Repub- pact the cost of health care in the Kessler and Dr. Mark McClellan, shows licans in a recent fund-raising letter that he is United States by adopting much-need- that States where liability reform had ‘‘committed to helping Ohio deliver its electoral ed medical liability reform. occurred and had placed a cap on dam- votes to the President next year.’’ Today, in an address to the American Integrity—voters need to have voting de- age awards, if they would abolish man- datory prejudgment interest and place College of Surgeons, Senator FRIST, the vices that are beyond reproach; Senate majority leader, spoke to this Dependability—we need systems that will limits on the amount of lawyers’ con- tingency fees, hospitals’ expenditures issue. He spoke and described the mir- work time and time again; acle of American medicine. And the Sufficiency—funds must be available to pro- could be reduced by 5 to 9 percent with- miracle of American medicine is a gift. vide the technical assistance that our election in 3 to 5 years of adoption of those re- Not just to our Nation, but in fact to systems need to achieve the goals that were forms. the world. And lest there be any doubt set out by HAVA while recovering from the The costs incurred by the current en- about this question, just look at the in- loss of credibility created by the 2000 election vironment are borne by the entire sys- credible story of the separation of the experience. tem, from the family purchasing their Egyptian twins in Dallas last weekend. Integrity, Dependability, and Sufficiency are own health insurance to the what we need. Instead we have gotten businessperson trying to provide cov- Truly, American medicine is an in- Half measures—funding that barely meets erage for his employees, to the Amer- credible gift; and we cannot, we should 50 percent of the authorization requested by ican taxpayer who supports medical not, we must not allow that gift to be this administration and sanctioned by the Con- services through Medicare, Medicaid, wasted. I urge my colleagues in the gress; and CHIPs. other body to make a commitment to

VerDate jul 14 2003 04:27 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.037 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9717 the health of American families. Pre- could run 2 miles in 17 minutes. Pretty Since getting back from Iraq in May, serve the gift and the miracle of Amer- good. Those are 81⁄2 minute miles, at 48 Buckels, 52, has been trying to get doctors to ican medicine, and pass this very nec- years of age. He also developed a series find out why he has intense pain in the side of symptoms: lung problems; shortness of his abdomen since doubling over in pain essary liability reform. there. f of breath; vertigo, that means he was After waiting since May for a diagnosis, dizzy; migraines; and tinnitus, that is ANNOUNCEMENT BY THE SPEAKER Buckels has accepted 20 percent of his bene- ringing in his ears; and he thinks fits for bad knees and is going home to his PRO TEMPORE maybe the anthrax vaccine had some- family in Mississippi. ‘‘They have not found The SPEAKER pro tempore. The thing to do with it. He also has a torn out what my side is doing yet, but they are Chair must remind all Members not to shoulder from an injury there. still trying,’’ Buckels said. make adjurations to the other body. Mosely said he has never been de- One month after President Bush greeted soldiers at Fort Stewart—home of the famed f pressed before, but he found himself Third Infantry Division—as heroes on their looking at shotguns recently and return from Iraq, approximately 600 sick or GUARD AND RESERVISTS TREAT- thinking about suicide. Sergeant ED AS THIRD-CLASS CITIZENS injured members of the Army Reserves and Mosely is paying $300 a month to get National Guard are warehoused in rows of The SPEAKER pro tempore (Mr. better housing than the cinder block spare, steamy and dark cement barracks in a BURGESS). Under a previous order of barracks. He has a notice from the base sandy field, waiting for doctors to treat their the House, the gentleman from Wash- that appears to show that there are no wounds or illnesses. The Reserve and National Guard soldiers ington (Mr. MCDERMOTT) is recognized more doctor appointments available are on what the Army calls ‘‘medical hold,’’ for 5 minutes. for Reservists from October 14 to No- while the Army decides how sick or disabled Mr. MCDERMOTT. Mr. Speaker, at vember 11. He said he had never been they are and what benefits—if any—they the conclusion of my remarks, I will be treated like this in 30 years in the should get as a result. entering into the RECORD an article en- Army Reserves and his quote was, Some of the soldiers said they have waited titled, ‘‘Sick, wounded U.S. troops held ‘‘Now I won’t go back to war for the six hours a day for an appointment without in squalor.’’ This is a story that comes Army.’’ seeing a doctor. Others described waiting out of UPI. The author is Mark Ben- Mr. Speaker, it is shameful that this weeks or months without getting a diagnosis or proper treatment. jamin, who is a UPI investigator edi- kind of article appears in the news- The soldiers said professional active duty tor, and he reports that 1 month after papers in the United States at a time personnel are getting better treatment while President Bush greeted the soldiers at when we are sending people over to a troops who serve in the National Guard or Fort Stewart, the home of the famed war for very unclear reasons. No one Army reserve are left to wallow in medical Third Infantry Division, as heroes on really knows why they are over there. hold. their return from Iraq, approximately We have called up Reservists for ‘‘It is not an Army of One. It is the Army 600 sick or injured members of the months on end. What started out as 6 of two—Army and Reserves,’’ said one sol- dier who served in Operation Iraqi Freedom, Army Reserve and National Guard are months has now been extended to a during which she developed a serious heart warehoused in rows of spare, steamy, year. condition and strange skin ailment. and dark cement barracks in a sandy I recently spoke at the retirement of A half-dozen calls by UPI seeking comment field, waiting for doctors to treat their one my Reservists in the State of from Fort Stewart public affairs officials and wounds or illnesses. Washington up at Everett at the naval U.S. Forces Command in Atlanta were not Now, these National Guard and Army base. Before I went up to speak about returned. Reserve soldiers’ living conditions are him, I asked him about their deploy- Soldiers here estimate that nearly 40 per- cent of the personnel now in medical hold so substandard and the medical care so ment. He told me all about it. And I were deployed to Iraq. Of those who went, poor that many of them believe the asked if everybody came back to their many described clusters of strange ailments, Army is trying to push them out with job. He said 25 percent of the people in like heart and lung problems, among pre- reduced benefits for their ailments. his unit came back to no job. They lost viously healthy troops. They said the Army One document showed to this reporter their job while they were gone. has tried to refuse them benefits, claiming stated that no more doctor appoint- This is an unacceptable situation. the injuries and illnesses were due to a ‘‘pre- ments are available from October 14 Those people who voted and said they existing condition,’’ prior to military serv- care about the troops ought to be ask- ice. through November 11. These Reserve Most soldiers in medical hold at Fort and National Guard people are on what ing some very tough questions of the Stewart stay in rows of rectangular, gray, are called medical hold. If you are Army. single-story cinder block barracks without wounded and you are badly injured, Mr. Speaker, the article I referred to bathrooms or air conditioning. They are you are in the hospital. But after you above is as follows: dark and sweltering in the southern Georgia get to a certain point, they can do it on [From United Press International, Oct. 17, heat and humidity. Around 60 soldiers cram an outpatient basis. So you are put 2003] in the bunk beds in each barrack. Soldiers make their way by walking or into a medical hold status. SICK, WOUNDED U.S. TROOPS HELD IN SQUALOR using crutches through the sandy dirt to a As one member of the Guard said, communal bathroom, where they have (By Mark Benjamin) there are two armies, one is the regular propped office partitions between otherwise army and the other is the reserve FORT STEWART, GA., Oct. 17 (UPI).—Hun- open toilets for privacy. A row of leaky sinks army, and we are second class citizens. dreds of sick and wounded U.S. soldiers in- sits on an opposite wall. The latrine smells cluding many who served in the Iraq war are We are being ignored. Now, Mr. Speak- of urine and is full of bugs, because many languishing in hot cement barracks here windows have no screens. Showering is in a er, 40 percent of the people now on while they wait—sometimes for months—to medical hold are people who served in communal, cinder block room. Soldiers say see doctors. they have to buy their own toilet paper. Iraq. Those who went described clus- The National Guard and Army Reserve sol- They said the conditions are fine for train- ters of strange ailments, like heart and diers’ living conditions are so substandard, ing, but not for sick people. lung problems, among previously and the medical care so poor, that many of ‘‘I think it is disgusting,’’ said one Army healthy troops. They said the Army them believe the Army is trying push them Reserve member who went to Iraq and asked out with reduced benefits for their ailments. that his name not be used. has tried to refuse them benefits and One document shown to UPI states that no claims the injuries and illnesses were That soldier said that after being deployed more doctor appointments are available in March he suffered onset of neurological due to preexisting conditions prior to from Oct. 14 through Nov. 11—Veterans Day. symptoms in Baghdad that has gotten stead- military service. ‘‘I have loved the Army. I have served the ily worse. He shakes uncontrollably. One particular case caught my eye. Army faithfully and I have done everything He said the Army has told him he has Par- First Sergeant Gerry Mosley. He the Army has asked me to do,’’ said Sgt. 1st kinson’s Disease and it was a pre-existing crossed into Iraq from on Class Willie Buckels, a truck master with condition, but he thinks it was something in March 19 with the 296th Transportation the 296th Transportation Company. Buckels the anthrax shots the Army gave him. served in the Army Reserves for 27 years, in- Company, hauling fuel while under fire ‘‘They say I have Parkinson’s but it is de- cluding Operation Iraqi Freedom and the veloping too rapidly,’’ he said. ‘‘I did not from the Iraqis as they traveled north first . ‘‘Now my whole idea about have a problem until I got those shots.’’ alongside combat vehicles. Mosley said the U.S. Army has changed. I am treated First Sgt. Gerry Mosley crossed into Iraq he was healthy before the war. He like a third-class citizen.’’ from Kuwait on March 19 with the 296th

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.069 H20PT1 H9718 CONGRESSIONAL RECORD — HOUSE October 20, 2003 Transportation Company, hauling fuel while each for 1,500 police trainers to train anything but conservative. This inter- under fire from the Iraqis as they traveled Iraqi police; $1.71 per gallon for gas ventionist policy is breeding resent- north alongside combat vehicles. Mosley said that they are then selling to Iraqi citi- ment, creating more enemies, and put- he was healthy before the war; he could run zens for $4.15 per gallon, according to ting our children and grandchildren two miles in 17 minutes at 48 years old. But he developed a series of symptoms: The New York Times. into a financial black hole, and worst lung problems and shortness of breath; Earlier billions have been used to of all killing many young American vertigo; migraines; and tinnitus. He also build or rebuild thousands of Iraqi military. thinks the anthrax vaccine may have hurt schools, give free health care to many Fortune magazine in its November 25 him. Mosley also has a torn shoulder from an Iraqi citizens, make backpayments to issue, long before the war started, injury there. the Iraqi military and Iraqi retirees, printed an article entitled, ‘‘Iraq—We Mosley says he has never been depressed and even send 60,000 soccer balls there. Win, What Then?’’ The article said a before, but found himself looking at shot- Our Founding Fathers could not have ‘‘military victory could turn into a guns recently and thought about suicide. Mosley is paying $300 a month to get better imagined all this in their wildest strategic defeat,’’ and an American oc- housing than the cinder block barracks. He dreams. cupation could turn U.S. troops into has a notice from the base that appears to A distinguished Member of the other sitting ducks for Islamic terrorists. show that no more doctor appointments are body, the gentleman from Ohio, Mr. These predictions have turned out to available for reservists from Oct. 14 until VOINOVICH, said, ‘‘Look at the needs we be deadly accurate. Nov. 11. He said he has never been treated have here at home, with our roads, The columnist Georgie Ann Geyer like this in his 30 years in the Army Re- sewers, and water projects. It is hard to wrote, ‘‘Critics of the war against Iraq serves. tell people there isn’t money for sewers have said since the beginning of the ‘‘Now, I would not go back to war for the Army,’’ Mosley said. and water and then send that kind of conflict that Americans, still strangely Many soldiers in the hot barracks said reg- money to Iraq.’’ Another distinguished complacent about overseas wars being ular Army soldiers get to see doctors, while Member of the other body, Mr. HAGEL, waged by a minority in their name, National Guard and Army Reserve troops the gentleman from Nebraska, said, will inevitably come to a point where wait. ‘‘There is a great unease about all this they will see they have to have a gov- ‘‘The active duty guys that are coming in, reflected across this land. We are get- ernment that provides services at home they get treated first and they put us on ting deeper and deeper into something or one that seeks empire across the hold,’’ said another soldier who returned we have never been in before in this globe.’’ from Iraq six weeks ago with a serious back Saddam Hussein was an evil man but injury. He has gotten to see a doctor only part of the world. This is complicated, two times since he got back, he said. dangerous and uncertain.’’ he had a military budget only about Another Army Reservist with the 149th In- Conservatives, Mr. Speaker, have two-tenths of 1 percent of ours and was fantry Battalion said he has had real trouble never believed in massive foreign aid, never any real threat to us. Everyone seeing doctors about his crushed foot he suf- yet our occupation of Iraq has become knew we would win the war quickly fered in Iraq. ‘‘There are not enough doctors. the largest foreign aid program in the and easily. They are overcrowded and they can’t per- history of the world. Conservatives, Winning the peace, everyone said, form the surgeries that have to be done,’’ Mr. Speaker, have never believed in would be much more difficult. Now, we that soldier said. ‘‘Look at these mattresses. are hearing noble-sounding cliches like It hurts just to sit on them,’’ he said, ges- huge deficit spending, yet we are now turing to the bunks. ‘‘There are people here told that our deficits for just this year ‘‘we have to get the job done’’ and ‘‘we who got back in April but did not get their and next will reach close to an as- must stay the course’’ and ‘‘the Amer- surgeries until July. It is putting a lot on tounding $1 trillion. ican people must be willing to sac- these families.’’ Supporters of the war scoffed at the rifice.’’ Well, we should all be asking is reportedly drawing up predictions that we would spend be- why? plans to call up more reserves. tween $200 billion to $300 billion in Iraq Mr. Speaker, it is clear that the Iraqi In an Oct. 9 speech to National Guard and over the next 10 years. Now, by the people do not want us running their reserve troops in Portsmouth, New Hamp- country, they only want our money. shire, Bush said the soldiers had become part most conservative efforts, not counting of the backbone of the military. many things that should be counted, Any country would want all these bil- ‘‘Citizen-soldiers are serving in every front the Iraqi operation will cost $167 bil- lions. Now war supporters seem to be on the war on terror,’’ Bush said. ‘‘And lion in just the first 2 years. criticizing the media for reporting all you’re making your state and your country the killing but failing to emphasize all 2030 proud.’’ b the good that is going on there. For all f And because we are in such a deep of the billions we are spending there, I fiscal hole already, we will have to bor- certainly hope some good things are LET IRAQ TAKE CARE OF IRAQ row all these billions we are spending going on, but these good things should The SPEAKER pro tempore. Under a there. be paid for by the Iraqi citizens with previous order of the House, the gen- Conservatives have never believed in their own oil wealth. Let us leave Iraq tleman from Tennessee (Mr. DUNCAN) is world government, and have been to the Iraqis. recognized for 5 minutes. strong critics of the U.N. Yet, some A very small minority of very powerful Neo- Mr. DUNCAN. Mr. Speaker, many prominent war supporters, while criti- Cons have apparently dreamed of war with Americans today may not be familiar cizing the U.N. in one breath, will say Iraq for many years. They got their wish. But with Will Rogers. However, Will Rogers in the next we had to go to war to en- what they may have thought would be their was at one time considered by many to force all the U.N. resolutions Saddam crowning achievement may instead lead to be the most popular man in America. Hussein had violated. Most conserv- their downfall. He once said, ‘‘America has a great atives surely do not believe it is fair to So many people in the United States and habit of always talking about pro- place almost the entire burden of en- around the world feel that they were misled tecting American interests in some for- forcing U.N. resolutions on American about the need to go to war in Iraq that they eign country.’’ Then he said, ‘‘Protect taxpayers and the U.S. military. Most almost certainly will be much harder to con- them here at home. There is more conservatives, while believing strongly vince the next time around. American interest right here than any- in national defense, have never be- No matter who is President, almost all the where.’’ lieved the U.S. should be the policeman leaders of the Defense Department, the State The passage of an additional $87 bil- of the world. Most conservatives be- Department, the National Security Council, lion for an operation in Iraq seems to lieve we would not have nearly as and our intelligence agencies are going to ad- many to be anything but fiscally con- many enemies around the world if we vocate more and more involvement in foreign servative. The request includes, among followed a noninterventionist foreign affairs, even those which should be none of many other things, $5.7 billion for a policy and did not get involved in so our business or even when there is no threat new electric power system; $3.7 billion many religious, ethnic, and political to our vital interests. to improve drinking water; $856 million disputes around the world. This is because all their power and glory, to upgrade and repair three airports, Now, we are following a so-called and most importantly, their funding are deter- rail lines, and phone service; $240,000 neoconservative foreign policy that is mined in large part by our involvement in the

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\A20OC7.040 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9719 affairs of other nations. These people are not Federalist Papers were all about. I will HONORING POPE JOHN PAUL II seen as men and women of action and world continue my vehement opposition to The SPEAKER pro tempore. Under a statesmen when they urge that we do more this war, but my enthusiastic and un- previous order of the House, the gen- and more in other countries. wavering support of the troops. I would tleman from Pennsylvania (Mr. MUR- I wish more of our leaders would heed the raise the question to the majority lead- PHY) is recognized for 5 minutes. advice of President Kennedy who said in er as to why any such comment should Mr. MURPHY. Mr. Speaker, earlier 1962: ‘‘We must face that fact that the United even be appropriate in this democracy today the House voted on H. Res. 400 states is neither omnipotent nor omnisicient— and in this body. acknowledging Pope John Paul II’s that we are only six percent [now four percent] Mr. Speaker, I bring to the attention 25th year as the pontiff. of the world’s population—that we cannot im- of those who call themselves patriotic I wanted to take a few minutes to re- pose our will upon the other 94 percent of by sending troops into war the number flect on his remarkable life that so mankind—that we cannot right every wrong or of young men and women who have many can draw tremendous strength reverse each adversity—and that therefore committed suicide in Iraq since May 11. from in a world that often challenges there cannot be an American solution to every We have had 11. That represents a num- our strength. world problem.’’ ber of 34. If we had an annualized rate, Some who see him now see this older There is nothing conservative about the it would mean 34 per 100,000 service man, stooped and bowed by age, trem- U.S. policy in Iraq. people. What we have found is since the bling with his hands, now leaning on f start of the war and after the war, after his crosier when he can stand for sup- ANNOUNCEMENT BY THE SPEAKER major combat operations have ended, port, and what a different view that is PRO TEMPORE since then, troops have had to cope from the young Karol Wojtyla who had such strength and vibrancy of char- The SPEAKER pro tempore (Mr. with increasing paramilitary attacks acter. And yet despite his age, it is re- BURGESS). The Chair reminds Members with less opportunity to defend them- that remarks in debate may not in- selves. markable how he continues to be such clude quotations of Senators except as When I met with troops from Iraq, an example for all the world. Even specified in clause 1(b)(2)(B) of rule they indicated that they are con- though there are so many challenges XVII. stantly going over landmines or IEDs, I around, his strength continues to shine through in a changing world. f believe they are called, going over the same pathways and having their tank- I thought it was worth reflecting on ILL-CONCEIVED WAR IN IRAQ ers blow up. They do not have the same what it is about the Holy Father that The SPEAKER pro tempore. Under a jobs. They are using carpenters and has given him his strength that adds previous order of the House, the gentle- painters and others to be part of the particular interest to our resolution woman from Texas (Ms. JACKSON-LEE) MPs and knock down doors. It is an un- today in commemorating such an in- is recognized for 5 minutes. usual Army suicide rate, and when I credible life. Ms. JACKSON-LEE of Texas. Mr. brought this to the attention of my Some have said that to understand Speaker, last week in a marathon time colleagues in the debate, no one this Pope you need to go back to his frame of probably about 48 hours this seemed to be concerned. The usual roots in Poland. He was born on May House made one of the most important Army rate of suicide is 10 to 13 per 18, 1920. From early on in life, suffering decisions that we will ever have to 100,000. What we have in Iraq is like 34 was very much a part of him. Poland make and that is the expenditure of $87 out of a 100,000. I would think that itself is a nation that has seen itself go billion based on the premise of a con- Members would be concerned. from perhaps one of the leaders in me- dieval days to a country divided up and tinuing war in Iraq. In Iraq and Afghanistan, we have essentially had so many of its citizens When I debated the question on the hand-to-hand combat going on. We turned into near slaves in this century floor of the House, I reminded my col- have, basically, wars going on on two and the last. Many Polish citizens con- leagues that this was a war that was fronts, and we have our troops in hand- not declared under the Constitution, tinue to reflect upon their own history to-hand combat and they need addi- and it was a war that had moved from as a source of strength, and indeed it is tional resources. one so-called premise to the next. with the Pope. When the President presented it to us, When I met with some of the leader- His father was a devout and upright he suggested that we were about to be ship from the Arab region, they sug- man, a decorated World War I officer. under imminent attack, and we were gested they would welcome the oppor- His mother, apparently of delicate about to be attacked by the existence tunity for an Arab-U.S. summit to health, would suffer much on her own, of weapons of mass destruction. truly see how we could bring peace to and had a young daughter who died be- As time went on, we heard the words the region in Iraq, and I would like to fore Karol was born. His own mother ‘‘liberating Iraq,’’ then we heard the see the administration take them up died when he was eight, and his father ‘‘war against terrorism,’’ but we have on that offer to sit down and talk with when he was a young man. And his never been able to determine the factu- our Arab leaders about how we can brother died, too. He said at one point, ality or the truth of the issue of wheth- bring peace to Iraq, not with an after- ‘‘By the time I was 20, I had already er or not this Nation was about to be math, makeshift program that none of lost all the people I loved, even those imminently attacked that would war- us understand, with a number of sniper who I might have loved, like my older rant a preemptive strike against an- shootings going on, and IEDs killing sister, who died 6 years before I was other nation. our young people. born.’’ But even so, our young men and Mr. Speaker, I would finally say this His suffering gave him incredible women went on the frontlines of Iraq idea of privatization should be studied meaning in his life. As a young man, he and offered themselves as the ultimate because the random privatization of and his father stood in line once with sacrifice for our freedom. Therefore, Arabic countries should not be willy- other refugees of World War II, and none of us in our support for those nilly, and gifts to those that would they were sprayed with machine gun troops, will waver away from standing think that this would be a gift, but we fire from aircraft. He was arrested at shoulder to shoulder with their fami- need to expand the opportunity to age 21, narrowly escaping being sent to lies and with their needs. I know that small and minority and women-owned Auschwitz. He lay in the basement of my colleagues will be discussing accu- businesses. his house praying with his arms out- sations by Members on the other side As I close, we are going to see a CR stretched in the shape of a cross while of the aisle with respect to a so-called come to the floor of the House, and I do Nazi officers went through the house. litmus test. They have questioned not know if we are going to see a tax He was hit by a speeding truck during Members’ patriotism because they have cut for those with children or whether the war, and probably would have died had a vehement opposition to an ill- or not we are ever going to see a guar- if caring citizens did not take care of conceived war. anteed prescription drug benefit, but him. My perspective of that is we live in a we will have a continuing resolution It was the problems he had with democracy and opposition is what the that Republicans want to promote. World War II which gave him strength

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.028 H20PT1 H9720 CONGRESSIONAL RECORD — HOUSE October 20, 2003 during the time when the communists Izetbegovic in Sarajevo used uary 7, 2003, the gentleman from New took over Poland as well. Again, the Svilanovic, who was his minister who Jersey (Mr. PALLONE) is recognized for suffering continued. The oppression of trained under Qaddafi, put Mujah 60 minutes as the designee of the mi- the Catholic Church, that he saw so Hadeen, Hamas and al Qaeda into Sara- nority leader. much of during World War II, contin- jevo. And I will tell the Speaker that Mr. PALLONE. Mr. Speaker, last ued as well. And yet he used his posi- many of those individuals are still week during debate on the $87 billion tion as a bishop and cardinal to give there from those terrorist organiza- supplemental appropriations bill to guidance and strength to the people of tions and are under scrutiny. fund military and reconstruction ef- his region. The main reason I came today is I forts in Iraq, Majority Leader TOM It was no wonder when he was chosen heard that my colleagues on the other DELAY said Members who had the au- to hold the position of Holy Father side of the aisle were going to do a hit dacity to challenge the Bush adminis- some 25 years ago, the other cardinals piece on Mr. DELAY. Well, I think it is tration’s foreign policy and not support and people in a world saw him as a unfortunate that if they cannot win the appropriations bill were not sup- source of strength in a world that was with ideas, they hit our leadership and porting our troops over in Iraq. This badly needed in a world that was weak- they try to do anything that they can statement, Mr. Speaker, comes on the ened by lack of courage and moral to discredit the Republican Party. Mr. heels of statements that Mr. DELAY fiber. Speaker, in counter to that, I am going made last month after Senator EDWARD His struggles have shaped him and to go through a few things about their KENNEDY seriously questioned the Bush given him incredible strength. He has leadership. I challenged the gentle- administration’s reasoning for the war visited some 125 countries around the woman from California (Ms. PELOSI) a in Iraq and its handling of Iraq during world, remained active in sports, vis- while back and said that she had in the postwar period. The majority lead- ited many churches, and as incredible 1993 and 1994 a 15 percent national secu- er called KENNEDY’s criticism ‘‘hate as it may seem, still could draw crowds rity voting record. In 1995 she had a 20 speech.’’ During a speech at the Herit- of hundreds of thousands of youth. A percent national security voting age Foundation on September 24, Mr. DELAY said, and I quote, ‘‘Ted Kennedy million came to the World Youth Day record. In 1996, 21 percent. In 1997, 30. unleashed the most mean-spirited and that he had not too long ago, youth 1998 through 2002, 36 percent. The gen- tlewoman got on the floor and said the irresponsible hate speech yet.’’ wanting to see him and get a glimpse One day earlier, the Associated Press of this man, the Holy Father whom gentleman can say anything he wanted quoted Mr. DELAY as saying, and I but that it was inaccurate, that I vote they see as a great source of strength. quote, that ‘‘Kennedy’s brand of hate for every defense bill. Tonight I re- He is gentle. Despite his strength, the speech has become a mainstream in the searched, Mr. Speaker; and I re- most incredible thing that stands out Democratic Party.’’ is still how he would reach out to those searched that information and it is just ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE not true. weak, sick, poor, those who were sin- The SPEAKER pro tempore. The The gentlewoman voted against the ners. Some fail and blame their his- Chair would remind the gentleman defense appropriations bill in 1998. She tory, some move forward despite their that he must refrain from improper ref- voted against it in 1997, in 1996, in 1992, history, and some achieve greatness be- erences to Senators. cause of the suffering they have been in 1991, and in 1989 against defense ap- Mr. PALLONE. Mr. Speaker, the ma- through. We owe a great deal to this propriations. I have got lists here jority leader must have a short mem- incredible man. where she voted against defense au- ory. If these statements are hate thorization bills. I would also state f speech and mean-spirited, I would hate that that rating is not just for the bill to see how Mr. DELAY would charac- b 2045 itself but for the overall defense and terize his own comments about Presi- EXAMINING MINORITY LEADER’S how the gentlewoman from California, dent Clinton on the eve of a successful VOTING RECORD ON DEFENSE the minority leader, voted. bombing campaign that ejected Ser- ISSUES She voted to reduce military spend- bian troops from and led to the ing by $41.9 billion. That was an The SPEAKER pro tempore (Mr. uprising that ended the murderous re- amendment. She voted to reduce fund- gime of another dictator, Slobodan BURGESS). Under a previous order of ing for ballistic missile defense; Mr. the House, the gentleman from Cali- Milosevic. Dellums at that time, $1.5 billion. To Here are some examples of DELAY’s fornia (Mr. CUNNINGHAM) is recognized downsize U.S. forces. Prohibit U.S. criticism of President Clinton during for 5 minutes. command of U.S. forces, she voted for that Kosovo conflict that I would like Mr. CUNNINGHAM. Mr. Speaker, be- that. Reduce defense and technology to point to this evening. This was a fore I actually get into what I want to spending. Support sharp cuts in defense statement that TOM DELAY said, a talk about, I would like to mention a spending which included pay and allow- floor statement opposing the resolu- couple of things that I heard on the ances for our troops. Of the 20 votes tion commending America’s successful floor tonight. I heard that going into that year, the gentlewoman voted campaign in Kosovo on July 1, 1999. Iraq was not against the Constitution, against defense 17 times. He said, and I quote, ‘‘For us to call but I remind my colleagues that this The next year. Provide national de- this a victory and to commend the President came to the United States fense funding, pay raises, combat readi- President of the United States as the Congress and asked for permission. The ness. The gentlewoman from California Commander in Chief showing great previous President, President Bill Clin- voted against that. So again the state- leadership in Operation Allied Forces ton, did not when he went into , ment that the gentlewoman from Cali- is a farce.’’ , Bosnia and Iraq five times. fornia made was inaccurate and the On the same resolution, floor state- We hit an aspirin factory in the ; votes are recorded here. ment, Mr. DELAY said, and I quote, ‘‘So 214 deployments. I did not hear much She voted to reduce funding for the what they are doing here is they are from the other side of the aisle during F–22 fighter, the B–2 bomber; and we voting to continue an unplanned war that time frame. This President came saw how efficient the B–2 was in Bosnia by an administration that is incom- to this Congress to do that. We were and in Kosovo and in Baghdad as well. petent of carrying it out. I hope my told that we would be in Bosnia 1 year. The gentlewoman voted of the 20 times, colleagues will vote against the resolu- We are still there. Take a look at Haiti 16 times against national security posi- tion.’’ and Somalia today. I think the popular tions. I would like to point out to my col- movie, ‘‘Black Hawk Down,’’ shows f leagues that on one occasion, Mr. how the denial of armor caused a bunch DELAY is basically questioning the of our troops to be killed. I think that EXAMINING RECENT COMMENTS President’s ability as Commander in when we talk about different things, I BY MAJORITY LEADER ON AD- Chief, in the case of President Clinton; think we need to put it in perspective. MINISTRATION’S POLICY IN IRAQ and in this other case, he is suggesting I saw that this week President The SPEAKER pro tempore. Under that the Clinton administration is in- Izetbegovic passed away. President the Speaker’s announced policy of Jan- competent of carrying out the war in

VerDate jul 14 2003 04:27 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.076 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9721 Kosovo. Again, the reality of it is that implication, sometimes directly, ques- this administration has the gall to these statements by Mr. DELAY went tion the patriotism of Americans, charge injured soldiers $8 a day for much further than Senator KENNEDY’s whether they are Americans in Con- their food at Bethesda Medical Hos- and than those of most of my col- gress or American people generally, pital, in other hospitals around the leagues during last week’s debate on question the patriotism of people who country. At the same time we are shov- the Iraq supplemental. Of course as a disagree with them on a whole host of eling money to contributors of the Member of the House of Representa- issues. President. And they call us unpatri- tives, Mr. DELAY has a right, even a I remember during the trade debate, otic? And they call people who disagree duty, to question the administration during the Trade Promotion Authority with them unpatriotic? There is just no when he does not agree with its poli- whether we should extend NAFTA to room for that in this debate. The fact cies, just like Members of the other that many of us were is we ought to do this right. We ought body have the right to speak out and accused of not being patriotic because to be working together in this effort in Senator KENNEDY did several weeks we did not want to pass these trade Iraq. We ought to come up with an exit ago. agreements, which incidentally tend to strategy. We ought to come up with a The problem that I see, and I point hemorrhage lots of jobs overseas in plan. We ought to bring the United Na- this out to my Republican colleagues, this country that never come back, tions in. We should not be shoveling it stems from the fact that whenever manufacturing jobs, all kinds of jobs. money to private contractors who are someone speaks out criticizing the But when I think about patriotism, I friends of the President, who are con- Bush administration or its policies, want to tell a story. I met 2 weeks ago tributors to the President, who con- there is a concerted effort on the part in Akron at St. Paul’s Episcopal tinue to pay , the Vice of the Republican side to attack those Church with 25 families who had loved President of the United States, $13,000 critics as unpatriotic. This is what we ones in Iraq, sons, daughters, husbands, a month. We ought to do this right. keep getting over and over again, that wives, cousins, nephews, nieces, what- The charges of lack of patriotism those on the Democratic side of the ever. These 20 families talked about ought to stop. We ought to get down to aisle that suggest that the administra- the treatment that their loved ones business. We ought to do this right. We tion’s policy in Iraq is wrong or that it were getting by the United States mili- ought to make this work. There is just should not continue or that it should tary, by the administration, by our simply no reason for those charges to not be funded are somehow unpatriotic. government. There were not enough continue, whether they are from TOM I just want to remind my colleagues on Kevlar vests, not enough body armor DELAY, whether they are from the top the other side, and I just would like to for our troops, one-fourth of our troops people in the administration, whether use a quote that was made by Thomas do not have adequate body armor, even they are from anybody else. Jefferson in 1815, because I think it though the President of the United Ms. JACKSON-LEE of Texas. Mr. says it all and the reason that I am States knew that we were going to war Speaker, will the gentleman yield? here tonight and some of my Demo- well over a year ago. They are now say- Mr. PALLONE. I yield to the gentle- cratic colleagues are here tonight. ing, well, we will probably have enough woman from Texas. Ms. JACKSON-LEE of Texas. I am Thomas Jefferson said in 1815, and I body armor for our troops by December going to be very brief, but I was just quote, that ‘‘differences of opinion lead of this year. They talked to us about moved by the comments of the distin- not having safe drinking water, hun- to inquiry and inquiry to truth and guished gentleman from Ohio, and I ap- dreds and hundreds, thousands prob- that I am sure is the ultimate and sin- preciate the fact that he has met with ably, of our troops have come down cere object of us both. We both value families, military families. So have a with dysentery. They talked about too much the freedom of opinion sanc- number of us. I would like to just add some shortage of antibiotics, that they tioned by our Constitution not to cher- that these comments certainly are pro- actually had to go to the corner drug ish its exercise, even where in opposi- tected by the first amendment. Some store and send antibiotics to their son, tion to ourselves.’’ of them are protected by the rules of That quote, I think, from Thomas one in the case of a son, another in the this House. Jefferson says it all, because I think case of a wife he had to send anti- what he says is that we should feel free biotics to her. Many servicemen and b 2100 to criticize the administration when we servicewomen when coming home on But I think they need to cease and do not agree with its foreign policy, leave, if they got leave, had to pay desist because they are on the brink of when we do not agree with a war, when their flights home. or on the verge of cutting a very divi- we do not agree with paying for the When you talk about patriotism, and sive line in this body and the other war, when we do not agree with the then you look at the other side of that body, and that is that the appropriate conduct of the war. And for anyone, issue, while we simply, this adminis- discourse and debate is no longer al- particularly the majority leader on the tration is spending a billion dollars a lowed. Republican side, to question whether it week, a third of it going to private con- As we moved toward the Declaration is a Member of the other body or a tractors, much of that money going to of Independence and the Revolutionary Member of this body’s patriotism or Halliburton and Bechtel and friends of War, I know, by reading history books, say that they do not support the troops the President and contributors to the that there was a vigorous divide in or that they are unpatriotic or that President, when they accuse people America as to whether or not we they do not care about this country be- who disagree with them, the adminis- should stay with the British, get along cause they oppose the war in Iraq or tration, of a lack of patriotism, then I to go along, live and let live, or wheth- any aspect of it, I think, is an outrage; look and see we are not taking care of er or not we should follow the pathway and it is important for us to say this our troops but we are taking care of of independence and seeking equal op- over and over again tonight as well as the contributors to the President? portunity and become a sovereign Na- in the future. Hundreds of millions of dollars have tion. I can imagine it was probably a I yield to the gentleman from Ohio. gone to Halliburton. Much of that has deeply dividing debate, and I would Mr. BROWN of Ohio. I thank my been unbid contracts. Yet Halliburton hope to think that the reason why this friend from New Jersey for his per- still pays Vice President CHENEY $13,000 sovereign Nation has withstood the sistent work in bringing the truth and a month. Halliburton contributes thou- test of time is because that debate bringing important issues to the floor sands of dollars, its executives and its went forward and each side managed to of the House of Representatives night company, thousands of dollars to Presi- get through that debate without under- after night. We all have heard people in dent Bush. mining the other’s patriotism to a cer- the administration, highly placed peo- And while our troops are not being tain extent or love for this new fledg- ple in the administration, from the At- supplied with Kevlar jackets, our ling 13-colony group of States. And one torney General to Mr. DELAY and lead- troops are not being supplied with body maybe wanted to stay with the British ers in the House of Representatives, armor, our troops are not getting safe Kingdom, if you will, or the United Republican leaders, talk about patriot- drinking water, our troops are not get- Kingdom, and others wanted an inde- ism in sometimes directly, certainly by ting the antibiotics they should get, pendent land. I cannot imagine why we

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.080 H20PT1 H9722 CONGRESSIONAL RECORD — HOUSE October 20, 2003 have now a majority leader that, one, we do not have a date certain on exit Mr. MCDERMOTT. Mr. Speaker, I cannot remember his words of just a strategy; we do not deal with suicides thank the gentleman from New Jersey few years ago, and now wants to divide and mental health resources in Iraq for yielding. It is a pleasure. I am this body by suggesting who is patri- and on the bases when they return pleased that he would raise this issue. otic and who is not. home? Then I would question the per- The questioning of Members of Con- And I would just like to share with son who questions our patriotism for gress because they dispute with the my colleagues some words that are asking these questions on behalf of the President is not unpatriotic. And those constantly found throughout the CON- troops. And that is what the gentleman who take that route, I think, are sim- GRESSIONAL RECORD as President Clin- from Texas (Mr. DELAY) has done, and ply not understanding what this coun- ton tried to direct this country in a I think it is unpardonable. I will cer- try is all about. way that would provide defense to the tainly uphold his right to the First This country was formed by dis- defenseless, whether it was Somalia, Amendment, but when we debate on senters, people who said, We will not be and that, of course, was not the best this floor, we should not cast those taxed without representation. Now, military operation but there was a de- kinds of ugly statements about one’s they were speaking to the King, for sire there to help those who could not patriotism because we allow free de- heaven’s sake, who could cut their help themselves, whether it was Bosnia bate, when he in 1999 suggested that head off. All we have to deal with is the or whether it was Kosovo. our President was the Unibomber. And gentleman from Texas (Mr. DELAY). So this statement on March 11, 1999, I can assure my colleagues that we are And I think Thomas Jefferson’s words said ‘‘Bombing a sovereign nation for still being thanked for what we did in in 1815 need to be repeated: ‘‘Difference ill-defined reasons with vague objec- Kosovo. And I thank those troops of opinion leads to inquiry and inquiry tives undermines the American stature there. I thank them in Bosnia, and I to truth, and that, I am sure, is the ul- in the world. The international respect thank them in Iraq. Because the troops timate and sincere object of us both. and trust for America has diminished are not the issue. It is the policies that We both value too much the freedom of every time we casually let the bombs have sent them there, and each of us opinion, sanctioned by our Constitu- fly. We must stop giving the appear- have the responsibility and the obliga- tion, not to cherish its exercise even ance that our foreign policy is formu- tion under this Constitution to engage where in opposition in ourselves.’’ lated by the Unibomber.’’ One could in debate and discourse, certainly on For us to be unwilling to have de- take from that that he has just called behalf of our constituents. bates out here and categorize people They say that lawyers get two and a President of the United States the who are talking here as being unpatri- three closings; so let me make this the Unibomber. That happened to be otic is absolutely nonsense. What is last one, in fact, and I want to thank Kosovo, where millions of Muslims really fun, though, is to go through the the gentleman from New Jersey (Mr. were being ethnically cleansed. People RECORD and see what the gentleman PALLONE) for his leadership, but I can were actually dying. The world could from Texas (Mr. DELAY) says. I really assure him that the kind of unpatriotic see it, and we were asked to come in by had a great time doing this. We have actions that we are being subjected to already heard this quote, which I think the NATO allies. in Texas where we are losing 50 years There is no such basis in the preemp- he was talking about the President in of congressional experience, individ- tive attack against Iraq. We were told bombing Baghdad when he said ‘‘Bomb- uals who happen to be prominently there were weapons of mass destruc- ing a sovereign nation for ill-defined placed on the Committee on Appropria- tion. We still cannot find them. And so reasons with vague objectives under- tions and have been champions of vet- what is the reason for not having the mines the American stature in the erans’ rights are being drawn out be- right discourse and debate on issues world. The international respect and cause of political reasons in this politi- that are confusing and where the ad- trust for America is diminished every cally-gerrymandered massacre of a re- ministration has been, if you will, less districting process, I can assure the time we casually let the bombs fly. We than forthright on its reasons for going gentleman that we could probably use must stop giving the appearance that to war? Saddam Hussein still exists. a lot of names to call people, but that our foreign policy is being formulated Osama bin Laden still exists. Then I is not appropriate. The issue is a legal by the Unibomber.’’ If I did not know that came from think debate is appropriate. issue, a political issue, a court issue or Let me close on this point. I, like- March 11, 1999, and had to do with judiciary issue. And taking up and wise, have had the opportunity to en- Kosovo, I would think that one of my casting about and calling people names gage military families in a townhall colleagues had made that statement as it relates to their patriotism, which meeting that I held in Houston. No one anyone could do, is not what we choose about our present President. When it can experience their pain. Even though to do, and I do not believe we should was said on that day, nobody got up their loved ones are alive, they feel the choose to do it in this body. and said ‘‘You are unpatriotic, Mr. pain of those whose families are now I thank the gentleman for allowing DELAY. You are unpatriotic.’’ We let experiencing the continuing dev- me to participate this evening, and him say it. He is wrong. History has astating pain of having lost a loved one maybe we can bring some civility to proven him wrong, but he has a right in Iraq. But one has to know what it is this place and debate fairly without to say it in this country. like to know their loved ones do not name calling because people passion- My favorite quote of all the quotes is have body armor, bulletproof vests, ately have a difference of opinion, and one that I wish that I had said. I wish that their loved ones who are in the maybe someone would say ‘‘I told you that I was as smart as my distin- National Guard or Reserve cannot get so’’ after all of this is over. guished colleague from Texas. He said their paycheck on time, or they have Mr. PALLONE. Mr. Speaker, I appre- ‘‘I cannot support a failed foreign pol- loved ones who are there who have not ciate the comments from the gentle- icy.’’ I wish I had said that about 3 seen their newly born child and ask a woman from Texas. And, again, I know days ago. He said it on April 28, 1999. simple question of Secretary Rumsfeld other speakers are going to follow me, ‘‘History teaches us that it is often which is when can we go home? There but I just want to point out, again, I easier to make war than peace.’’ I is nothing wrong with that. find it incredible that the majority thank the gentleman from Texas (Mr. And I do not want to point the finger leader, who just a few years ago in the DELAY) for laying that out for me. I at the military because they are fol- case of Kosovo, severely questioned and agree with him. I agree with the gen- lowing orders, and the policymakers essentially called the President of the tleman from Texas (Mr. DELAY). It is are the ones who set priorities. So United States names because of the ac- very seldom that I can think of a way when we do not have priorities that tions that he was taking in Kosovo, to agree with him. ‘‘This administra- deal with 11 suicides, that represent 34 now gets up on the floor and essen- tion is just learning that lesson right out of 100,000 when we analyze the tially has the audacity to criticize now.’’ You had better believe it. Read a number, 11 suicides since May 1; and we Democrats for questioning this Presi- newspaper. Pick it up every day. Kids pass an $87 billion supplemental and we dent’s policies in another war. are dying over there. Go out to Walter do not provide for paychecks on time I yield to the gentleman from Wash- Reed and you can see kids without to Reservists and the National Guard; ington. limbs, you can see all kinds of horrible

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.082 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9723 things that have happened to our tion. No, it is not that. What is it? We asked them to go over there. They troops. It is easy to make war, hard to What was our national interest? Oil, or ought to be on the front page, every make the peace, and they are learning something else? I do not know. day. They ought to be in the Presi- over in Iraq day by day that when you I can hardly wait for our President to dent’s mind every day. treat people that way, hey, they are come here next year and stand in the I really thank the gentleman for giv- going to maybe fight back. I do not well and tell us what our national in- ing us an opportunity to come and know why people think that only terests have been saved from, because raise these questions and make it very Americans would fight back. Why it is not clear what happened before. clear to the American people. would the other side not fight back? It ‘‘There was no strategic plan for war I wear this little button. I started should not be any surprise. But they when the President started this thing, wearing it. I am not one who goes did not plan for that. They thought and there is still no plan today.’’ around, but I got that because I served these people were going to come out I watched with amazement and during the . Now, in the with flowers and put them in the ends amusement in a certain sad sort of way war, I spent 2 years in Long Beach, of their rifles. What nonsense could when we had this hurricane out here, California, dealing with casualties coming back. The gentleman from have been going on in the Pentagon I Isabel, and they had all these genera- Texas (Mr. DELAY) did not serve. I do have no idea, but it certainly was a tors lined up and all these water purifi- not know where he was. I know he failed foreign policy. cation units lined up. They saw that loves his country; I would not even ‘‘The President began this mission coming out a week before, and they question that. But the question ought with very vague objectives and lots of said, hey, we are going to need elec- to be, how do we get out of this, not is unanswered questions.’’ He must have tricity, we are going to need water. somebody patriotic or not. been talking about Mr. Bush. Who else They planned for 3 years for going into I thank the gentleman for the oppor- could he mean? Iraq, at least for a year, fully planning, tunity to speak. ‘‘A month later these questions are all the time. From October right after Mr. PALLONE. Mr. Speaker, I appre- still unanswered.’’ No, I say to the gen- 9/11, they started planning, and they ciate the gentleman’s comments. tleman from Texas (Mr. DELAY, 6 did not think they would need an elec- I would like to yield to the gen- months later these questions are still trical generator. They did not think tleman from Texas. unanswered. Things that were said here they would need purification of water. Mr. SANDLIN. Mr. Speaker, I thank on the floor were inaccurate. We all Did they think they were just going to my colleague from New Jersey for know it, but the President says noth- kind of march in and it would all come yielding. ing. back up out of the dust after they had Mr. Speaker, one time the House ma- ‘‘There are no clarified rules of en- bombed it? They bombed them for how jority leader said, ‘‘American foreign gagement. There is no timetable.’’ One many days, until there was nothing policy is now one huge big mystery.’’ I of the amendments out here the other hardly standing, and they could not think I would have to agree with that. day was let us have a timetable, but figure out that if they bomb some- I enjoyed listening to my colleague the gentleman from Texas (Mr. DELAY) thing, they are going to have to build from Washington as he gave the quote, said no, we cannot put a timetable on it back up. They should have had all and I have a copy of that quote, and I our President, let him kind of fumble that planning done. They prepositioned began reading it. Without going around until he figures it out or put every weapon imaginable to man and through that long quote again, it does the training wheels on his bike or woman on the border with Kuwait. It have a lot of relevance to the situation whatever. I do not know. But no time- was right there ready to go, but they our country finds itself in today and to table was allowed. The amendment was had nothing behind it in the way of our debate tonight, where the leader not allowed here to say we had to have planning for how they were going to says, ‘‘I cannot support a failed foreign a timetable before we gave $87 billion deal with the aftermath. policy. The President began the mis- away. The gentleman from Texas (Mr. sion with vague objectives and lots of unanswered questions. There is no ‘‘There is no legitimate definition of DELAY) wants to come out here and say timetable, no legitimate definition of victory.’’ Boy, that certainly fits this we are unpatriotic for raising these victory, no contingency plan for mis- situation. How are we going to declare questions. This is what he said to victory and get out of there? sion creep, no clear funding program.’’ President Clinton. It was not unpatri- Those are the very issues that we de- ‘‘There is no contingency plan for otic, I guess, when the gentleman from mission creep.’’ He means and he bate today, and those are legitimate Texas (Mr. DELAY) does it, but if the questions raised by the majority lead- means , and I do not know where gentleman from New Jersey (Mr. else he means. ‘‘There is no clear fund- er. Those are legitimate issues. That is PALLONE) or I do it or the gentlewoman a legitimate debate. ing program.’’ Oh, yes, there is. Bor- from Texas (Ms. JACKSON-LEE) or any- Those comments were about, of row. Borrow from the Social Security body else comes out here and does it, course, the war in Kosovo. And while I and Medicare funds; put us deeper in the gentleman from Texas (Mr. may not agree with all of those points, debt. That is what the gentleman from SANDLIN), I mean suddenly we are un- I certainly do not see it as unpatriotic Texas (Mr. DELAY) wants. That is what patriotic. No way. to raise those issues, just as it is not he came out here and did. He took $87 I say to the gentleman from Texas unpatriotic to raise those same issues billion out of thin air and gave it to (Mr. DELAY) answer these questions. today. the President and said, Hey, go over Answer your own questions. You put Just last week, Mr. Speaker, as we there and do whatever you have to. those questions to a President. Why do engaged in one of the most important ‘‘There is no agenda to bolster our you not put them to your fellow Texan debates of this Congress on the $87 bil- overextended military.’’ That is ex- and ask him? lion supplemental appropriations bill actly what we are hearing. The Reserv- to fund the military reconstruction ef- b 2115 ists are being kept away from their forts in Iraq, not Kosovo, the majority jobs. Everybody is in trouble. The What is the answer? What do I say to leader denigrated the Members of the troops are worn out. The equipment is these guys? Because they are tearing House who had the audacity to ques- worn out. Things that were supposed to us apart. We intend to keep it up until tion the administration’s Iraq policy or go 80 hours have gone 500 hours, and so we see a way out. There is no plan, to ask for an accounting or to ask for things are breaking down. Gee, he was there is no timetable, and our troops a justification for the spending of tax- prescient about what Mr. Bush was are dying day by day. payer money. going to do. The worst thing about it, you pick up Those, just like in the Kosovo effort, ‘‘There is no explanation defining the New York Times today, the young were legitimate questions, it raised le- what vital national interests are at man who was killed yesterday, he is gitimate issues, it was a part of legiti- stake.’’ Well, we are still looking, boy. not on page 1, he is not on page 2, or, mate debate. It was a different war; it It must be they are connected to al 3, or 4, or 5, or 6, or 7; he is on page 8. was a different political situation, dif- Qaeda. No, that is not true. It must be Like, you know, just a kid, right? ferent politics. Legitimate debate, dif- because of weapons of mass destruc- Those are our young men and women. ferent politics. And yet, once again,

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.083 H20PT1 H9724 CONGRESSIONAL RECORD — HOUSE October 20, 2003 our majority leader equated a failure There is simply no vision to this mis- from without. From within we face to blindly go along with the adminis- sion.’’ challenges of addressing a budget with tration policy to be unpatriotic, while Later he said, ‘‘It is clear that any record deficits, record debt, and reck- in actuality many on this side of the deployment in Kosovo will simply drag less budgeting. We face a challenge of aisle wanted to make sure that the on and go enormously over budget,’’ making prescription drugs available to funds went directly to our servicemen some of the same comments being our seniors. We have the challenge of and servicewomen and to their protec- made today. educating our children and giving them tion, and not just to the beneficiaries Later he said, ‘‘So what they are access to quality health care at afford- of no-bid contracts. doing here is they are voting to con- able prices. Recently, the majority leader said tinue an unplanned war by an adminis- From without we face the threat this ‘‘isn’t about patriotism. It is about tration that is incompetent of carrying from nameless, faceless, hateful terror- judgment.’’ it out.’’ ists who are bent on destroying the Certainly, Mr. Speaker, judgment re- In April he said, ‘‘It is very simple: freedoms that we believe in this coun- quires a presentation of the facts, and the President is not supported by the try are unalienable, granted to us by judgment is important. But, speaking House and the military is supported by the Creator and protected by our Con- of judgment, in a press release the ma- the House.’’ stitution and our Armed Forces. jority leader complained about what he The quotes go on and on. I do not All of these issues deserve and de- called the ‘‘vociferous Democratic crit- want to bore this House with quote mand a full debate and a complete ex- ics,’’ from KERRY to Dean, and after quote after quote after quote, but amination. To turn this debate, this ef- DASCHLE to PELOSI, claiming they used the point is made. Those were legiti- fort, this war effort into a political ‘‘hateful rhetoric.’’ Now, what sort of mate issues, legitimate questions, le- platform, to criticize or to call names judgment is that, when we are talking gitimate things to debate in the House or to point at one side or the other and about legitimate debate, legitimate of Representatives. And while I do not say you are unpatriotic for asking for issues, about funding, about how we agree with many of those points, I an accounting, for a justification, for make sure our servicemen and service- agree that it is legitimate to talk asking that we air out the issues in women are protected in the field, and about these things in the greatest de- this war is beneath this House. to call that hateful rhetoric? liberative body that the world has ever Our troops and our country deserve a We may not agree in this House on known. And no one at the time ques- full and complete debate on these all the points of the war effort. We do tioned the patriotism of the leader or issues. Our country supports knowing not even agree completely within the anyone setting forth those positions. what our plan is, what we hope to ac- confines of each party, Mr. Speaker. He had no problem in questioning the complish, how we are going to get out, That is clear. But it is our duty to ex- legitimate action of American policy and how much it is going to cost. That amine these issues closely and to ac- when it suited his political fancy, but is a complete support of the troops and count for the American taxpayer dol- now there are problems for those that our efforts, and our House needs to sup- port the will of the American public in lar. It is our duty to exercise the judg- question the actions we are taking those areas. Calling one side or the ment that the majority leader was today. When anyone speaks out criti- cizing the lack of accounting, the lack other unpatriotic is simply improper. speaking about. Mr. PALLONE. Mr. Speaker, I want But I am sad to say he seems to be of justification for spending money, the to thank my colleague from Texas for suffering from a crippling short mem- lack of a plan, those folks are attacked what he said and for pointing out to us ory. In questioning the administra- as unpatriotic. those many statements made by the tion’s policy in Iraq, the manner in I think it is important, Mr. Speaker, majority leader, because, again, I think that we look at what was said recently, which it is handling operations in Iraq that it is very simple, the point we are on March 27 of this year, by the leader and the examining of the accounting, I trying to make tonight, which is the when he said, ‘‘Now is not the time to would be interested to know how the majority leader, the Republican major- question the carrying out of the majority leader would now charac- ity leader many times during the war terize his own comments on the eve of present war.’’ A week earlier he said, in Kosovo questioned President Clinton the war in Kosovo. ‘‘Rhetoric does nothing more than de- about the conduct of the war and the Many of them have been set forth to- moralize the troops.’’ paying for the war, and did so in ways Well, Mr. Speaker, if rhetoric demor- night, but in case some of us have for- that were, to say the least, very unflat- gotten the rhetoric that was ‘‘spewed,’’ alizes the troops, I wonder what a lack tering. Now, when Democrats question to use that term at that time, he said of planning does. I wonder what a lack the conduct of the Iraq war, we are ac- in April that ‘‘this is the President’s of equipment does. I wonder what a cused of being unpatriotic. So he can- war.’’ These are the comments made lack of preparation does. I wonder what not have it both ways. Obviously, he is while we are in war, comments made a lack of an exit plan does. I wonder trying to have it both ways. about our Commander in Chief: ‘‘This what those sorts of things do. is the President’s war.’’ Those are legitimate questions. The b 2130 Next he said, ‘‘There is no national point being, it is hypocritical to raise I yield to the gentlewoman from Illi- interest of the United States in them in one war, and it is then later nois (Ms. SCHAKOWSKY). Kosovo. It is flawed policy. It was unpatriotic to talk about it in the Ms. SCHAKOWSKY. Mr. Speaker, I flawed to go in. I think this President other. Either our majority leader was thank the gentleman from New Jersey is one of the least effective Presidents not supporting the troops in 1999, or he (Mr. PALLONE) for gathering us to- in my lifetime. He has hollowed our is the one that is spewing hypocrisy gether to call for some accountability, forces while running around the world today. some of the remarks of the majority with these adventures.’’ We are obligated, obliged in this leader of the House, but actually to That is what he said in 1999 about body, to have an honest and full- make an even more important point, I Kosovo, in the middle of a military ac- throated debate about all the issues think. When I was elected to this great tion. that are being brought up and about body in 1998 and came to the U.S. He said, ‘‘American foreign policy is the accounting of the public’s money House of Representatives in 1999, I was now one huge big mystery.’’ That is for the support of this war effort. under no illusion that the elected what he said. He said, ‘‘Bombing a sov- Mr. Speaker, I think it is important Members would agree on every issue. I ereign nation for ill-defined reasons to remember what Mahatma Gandhi looked forward to the vigorous debate with vague objectives undermines the said one time. He said, ‘‘Honest dis- that would take place between Repub- American stature in the world.’’ That agreement is often a good sign of licans and Democrats and even among is what was said by the majority leader progress,’’ and Mark Shields said, ‘‘De- Members of my own party and would in the middle of a conflict. bate and dissent are the very oxygen of expect that since free and open debate He said, ‘‘Mr. Chairman, I rise today democracy.’’ is not only a tradition of this Congress, to voice my complete opposition to Mr. Speaker, our country faces many it is, perhaps, the most highly-valued sending American troops to Kosovo. challenges today, both from within and principle of our great democracy.

VerDate jul 14 2003 04:27 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.085 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9725 The very first amendment to our somewhat intemperate comment about pects of the war or if you do not vote Constitution is freedom of speech, our his Commander in Chief in 1999 while for the funding for the war in various precious right to say exactly what we our troops were engaged in conflict. ways, that you do not support the believe, even when those words chal- But not now. Oh, no. troops. Nothing could be further from lenge those who are in power. Maybe I Last week during the debate on hand- the truth. should say particularly when those ing another $87 billion to this adminis- Everybody in this House of Rep- words challenge people that are in tration that cannot seem to provide resentatives on the Democratic side, power. enough fresh water or sunscreen to our and I know on the Republican side as Voltaire’s words, quote, ‘‘I dis- troops, the gentleman from Texas (Mr. well, support the troops and want to do approve of what you say, but I will de- DELAY) said, ‘‘Let me just say that the whatever we can to support the troops. fend to the death your right to say it,’’ old debating tactics of ‘I support the And much of the controversy and much is the spirit of the first amendment. troops but’ is just not going to cut it of the debate last week on the supple- And all of our great Presidents have this time. If you support the war, and mental was about how best to support defended that right to speak one’s you support the troops, you must, you the troops. But at no point was any- mind in this great country. And one of must vote for this bill.’’ body suggesting that we not support those eloquent statements was made Well, that is a very, very different them, just how best to support them. by a Republican President, Theodore story, again, from what he said in 1999. And the thing that is amazing about Roosevelt, who said, ‘‘To announce Our leader, the Republican majority it is if you look up one of the quotes that there must be no criticism of the leader, came to the floor of this house, that the gentleman from Texas (Mr. President or that we are to stand by stood probably over there, and said to DELAY) made this year with regard to the President right or wrong is not this body, quote, ‘‘This is a very dif- the Iraq war, and this is the gentleman only unpatriotic and servile, but is ficult speech for me to make because I from Texas (Mr. DELAY) on March 20 of morally treasonable to the American normally, and I still do, support our this year, a quote from the Washington public.’’ Very strong words. military and the fine work that they But now in an environment in which Times where he said, ‘‘I think it is hyp- are doing, but, I cannot support a one party dominates the U.S. House, ocritical to say on the one hand that failed foreign policy.’’ the U.S. Senate, the Presidency, and you support the troops, while on the Now last week, he is saying ‘‘no other hand you say the reason they are even the Supreme Court, those who buts,’’ and in 1999 he was all about ‘‘but challenge the policy decisions of the risking their lives was wrong. I think he could not support a failed foreign Republicans are being accused of being it undermines the effort and the unity policy.’’ unpatriotic, of aiding and abetting ter- this country ought to be showing right Mr. DELAY can say what he wants be- rorists, disloyalty to the Commander now.’’ Yet just a few years earlier, cause that is his right, not only as the talking about the , as in Chief, of needing to apologize for majority leader or an elected Rep- voicing their views. And leading that quoted in the USA Today regarding resentative, but because that is the effort has been the majority leader, the floor votes on Kosovo, the majority right of every American. But I have the gentleman from Texas (Mr. DELAY). leader, the gentleman from Texas (Mr. right and we have the right, and I And I think it is time to call him to ac- DELAY), then said, ‘‘It is very simple: think an obligation, to demand that he count for his hypocritical comments The President is not supported by the act in the spirit of the oath that he and his effort to stifle important and House and the military is supported by took to uphold the Constitution, to legitimate debate. the House.’’ What he essentially was We are now engaged in war, in a war take responsibility for the hypocritical saying that you do not have to support in Iraq. And our young men and women and, I would say, unpatriotic remarks the President in the war in order to as well as innocent Iraqis are dying he has made for the purpose of demean- support the troops. every day. There is nothing more seri- ing and defeating his critics and critics And that is the bottom line. Every- ous than this. Many of us have been of the failed policies of the Republican one here on the Democratic side and critical of the decision to engage in a administration and Republican Con- the Republican side wants to do what- preemptive war of choice, not neces- gressional leaders. ever is necessary to support the troops sity, of the poor planning, of the lack I urge him, once again, to heed the and to make sure that they are not un- of proper equipment provided to our wise words of the President from his necessarily in harm’s way. But the bot- troops, of the lack of accountability of own party, Teddy Roosevelt and let me tom line is that you can support the the billions of dollars being spent, repeat that quote, he said, Teddy Roo- troops and not support the President’s more than a billion per week, much of sevelt, ‘‘To announce that there must foreign policy, either collectively in which has gone to friends of this ad- be no criticism of the President or that Iraq, or separately on different votes. ministration and not to provide things we are to stand by the President right And I think it is very, very impor- like clean water and modern body or wrong, is not only unpatriotic and tant for us as Democrats to continue to armor to our troops. There are legiti- servile, but is morally treasonable to make that point. And we will continue mate issues to raise whether one agrees the American public.’’ to make it unless the majority leader or not. Mr. PALLONE. Mr. Speaker, I want stops his criticism and his comments But rather than deal with the sub- to thank the gentlewoman from Illi- relative to the patriotism of the Demo- stance, the gentleman from Texas (Mr. nois (Ms. SCHAKOWSKY) for her com- crats. DELAY) has, to put it bluntly, slimed ments, and I may ask that we leave up the questioners. On March 20 of this that quote, if we could, from Teddy f year, Mr. DELAY said, quote, ‘‘This de- Roosevelt, because I think it says it all The SPEAKER pro tempore (Mr. structive rhetoric does nothing more about what this special order is tonight OSE). Under a previous order of the than demoralize our troops and second- and why so many of my colleagues House, the gentleman from guess our Commander in Chief,’’ un- have gotten up here and spoken out (Mr. BEAUPREZ) is recognized for 5 min- quote. But in May of 1999 while our about the statements that have been utes. troops were there fighting against made by the majority leader. (Mr. BEAUPREZ addressed the genocide and in And if I could conclude tonight, I House. His remarks will appear here- Kosovo, that same gentleman from would like to conclude with a couple of after in the Extensions of Remarks.) Texas (Mr. DELAY) said, quote, ‘‘It is a quotes comparing what the majority flawed policy, and it was flawed to go leader said this year, in regard to the f in. I think this President is one of the war in Iraq, and what he said a few The SPEAKER pro tempore. Under a least effective Presidents of my life- years ago, with regard to the war on previous order of the House, the gen- time. He has hollowed out our forces Kosovo, because I think that one of the tleman from Minnesota (Mr. GUT- while running around the world with greatest concerns I have is this notion KNECHT) is recognized for 5 minutes. these adventures.’’ that he has tried to spread that some- (Mr. GUTKNECHT addressed the It was perfectly fine then for him to how if you do not support the war in House. His remarks will appear here- make this critical and, I would argue, Iraq or if you criticize this different as- after in the Extensions of Remarks.)

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.087 H20PT1 H9726 CONGRESSIONAL RECORD — HOUSE October 20, 2003 The SPEAKER pro tempore. Under a politics ought, when we have men and really struck with terror and the po- previous order of the House, the gentle- women overseas, ought to stop at the tential for being taken over. Ronald woman from Tennessee (Mrs. water’s edge. Reagan said Winston Churchill ex- BLACKBURN) is recognized for 5 min- And that does not mean nobody is ar- claimed about British adversaries, utes. guing that the debate has to stop about ‘‘What kind of a people do they think (Mrs. BLACKBURN addressed the what is best in terms of prosecuting we are?’’ House. Her remarks will appear here- the war. It does not mean that one can- That is a great question to ask about after in the Extensions of Remarks.) not ask questions, and it does not the international terrorists. What kind mean that one cannot vote your con- f of people do they think we are? Well, science. But when one exploits partisan Britain’s adversaries found out what The SPEAKER pro tempore. Under a politics while there are men and extraordinary people the British are, previous order of the House, the gen- women fighting for our freedom and but all the democracies paid a terrible tleman from Indiana (Mr. BURTON) is our survival and fighting for our way of price for allowing the dictators to un- recognized for 5 minutes. life against this threat, the inter- derestimate us. We dare not make that (Mr. BURTON of Indiana addressed national terrorist threat, then there is same mistake again. the House. His remarks will appear something fundamentally wrong. So let us ask ourselves as Churchill, hereafter in the Extensions of Re- We ought to engage in civilized de- and then later Reagan said, What kind marks.) bate, but what we ought not to do is to of people do we think we are? That is f let partisan politics dominate our judg- the message that we are trying to send ment. international terrorists. What kind of SUPPORTING OUR PRESIDENT AND Mr. Speaker, I have got a number of MAJORITY LEADER Members that want to say a few words people do the American people think we are? And are you more comfortable, The SPEAKER pro tempore. Under about some of the partisan aspects of this debate which are very dis- ultimately, with the plans and the poli- the Speaker’s announced policy of Jan- cies, the determination, the extraor- uary 7, 2003, the gentleman from Flor- appointing. For those of us that are supporting the President, supporting dinary courage of President Bush and ida (Mr. FEENEY) is recognized for 60 the gentleman from Texas (Mr. minutes as the designee of the major- our troops, are certainly supporting our majority leader who has done a DELAY), or are you more comfortable ity leader. turning it over to a disarrayed party Mr. FEENEY. Mr. Speaker, I just sat wonderful job leading the House through these days, our big question is that has no policy other than to attack through a fairly extraordinary hour the White House and the majority lead- with a lot of criticism of the majority where the vision of the other party is. Now, I recognize in parliamentary er’s office. leader of the United States. And first governments around the world you What kind of people do Americans thing I want to make clear that I am often have a minority party that think we are? That is what the inter- not here to question anybody’s patriot- stands up and lays out their vision. We national terrorists want to know. ism. I think we have 435 patriotic Mem- actually are going through a conflict Osama bin Laden said several years bers of this wonderful body, and we where the President has laid out a ago that as soon as the blood starts have got some delegates in addition to plan, the majority leader has laid out a flowing, the Americans would pull out; that that are patriotic. plan, we are following that plan, we and yet appeasement in the Lord What I would say is that Lord Cham- have won the first part of the war, and Chamberlain style seems to be the pol- berlain, Prime Minister of Britain we are doing our level best to win the icy of many of our Democratic col- right before World War II, was a very peace as rapidly as possible, secure leagues and friends, not all but many. patriotic Brit, but his policies were freedom for the Iraqi people, and bring And I would state that we have got to very foolish. And they took the free our men and women home. That is the stand up and we have got to insist that world into some very dangerous times, game plan. And there are lots of details our majority leader not come under at- and we could have lost our freedom to it, but that is the general game tack here on the House floor for the throughout the globe. plan. great things that he has done, for Lady Thatcher said, as early as 1986, But the problem we have is that standing by our President, for standing that terrorism thrives on appeasement, there is nothing united about the by our troops, and for leading the ef- much like the problem with Lord Democratic side of this debate in terms fort to make sure that the wherewithal Chamberlain’s policy, not that he was of whether or not the war on terror is is there in Iraq to complete the war unpatriotic, but his foolish policies ac- critical, in terms of whether or not we and to continue going after inter- tually encouraged and empowered the should have gone into Iraq, in terms of national terrorists elsewhere around Nazis. The same is true, according to whether or not Saddam is an evil ty- the globe. Lady Thatcher. And I would submit rant and dictator that we should have Mr. Speaker, I yield to the gentleman that the gentleman from Texas (Mr. taken down. The only thing the Demo- from South Carolina (Mr. WILSON). DELAY) and George W. Bush, our Presi- crats seem united on is that the enemy Mr. WILSON of South Carolina. Mr. dent, are the Churchills of our time is in the White House and majority Speaker, I thank the gentleman for his when it comes to fighting the war on leader’s office of the United States comments. I want to thank him for terror. House of Representatives. really bringing to the attention of the Churchill took a lot of criticism lead- That is not the kind of leadership American people that, indeed, at a ing up to World War II. Our President that I think the American people ex- time of war, at a time of conflict, we and our majority leader are the ones pect from the minority party. Thank should be considering working together goodness it is not the type of leader- that have the courage to lay out a pol- in a bipartisan manner. icy to stick to it and make sure that ship that the President and the major- It was distressing to me as I learned ity leader are giving. we do what is necessary to win the war last week that there was going to be I want to tell my colleagues as we on terror just like we won the war start the opportunity for some of the the presentation by the minority party against the Nazis in World War II, just other Members to express their views here to attack the majority leader of as, as Lady Thatcher said, Ronald about the partisan nature of a lot of at- the Republican Party, the gentleman Reagan won the Cold War without fir- tacks on our President and our major- from Texas (Mr. DELAY). ing a single shot. ity leader, I want to tell you about a I am fairly new to Congress. A little The question here is not whether the great speech that Ronald Reagan gave bit more senior than the gentleman Republicans or Democrats are patri- known as the Westminster Speech, from Florida (Mr. FEENEY) but just a otic. We are all patriots in this room. when he went to the British Par- little bit; and it has just been an ex- The question is who is better prepared liament June 8, 1982. traordinary opportunity for me to be to win the war on terror. Because if we able to serve with somebody of the lose this war, we will lose our way of b 2145 great integrity, the competence, the life and probably our very lives them- He was referring back to World War dedication of the gentleman from selves. The principle is that partisan II when he said that the island was Texas (TOM DELAY).

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.091 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9727 I can give a personal statement as re- has made a mockery of the weapons in- woman from California (Ms. PELOSI) cent as last Thursday. I was very spection process. The responsibility of was right here voting. pleased that I had the opportunity in a the United States in this conflict is to The significance of 1993 is that when bipartisan way to welcome Ognian eliminate weapons of mass destruction, the first significant attack occurred on Gerdjikov, who is the Speaker of the to minimize the danger to our troops the United States, that was the first National Assembly of Bulgaria, and he and to diminish the suffering of the attack on the World Trade Center, we is a democratically elected speaker in Iraqi people.’’ know later that the al Qaeda and the a country that has emerged from total- What the gentlewoman said then was terrorists attacked our country in 1998 itarianism, which is now one of the dy- accurate, but the difference is that, of by blowing up embassies across Africa namic Balkan democratic nations. And course, there was a different President killing dozens of innocent people. And it was really exciting to meet with in 1998. Of course, Mr. Clinton was in then, of course, in 2000 there was the Speaker Gerdjikov. And I had con- office at that time. And this was the attack on the USS Cole and, finally, tacted the gentleman from Texas (Mr. defense of what many of us would actu- the attack of September 11, 2001. DELAY) a couple of weeks ago and told ally give him credit for and that is rec- This was a war brought upon the him that he would be coming, and if he ognizing the threat of Saddam Hussein United States. This was not one, as has could meet with him it would mean so to world peace. been indicated by some people, that much to the people of Bulgaria who, Mr. FEENEY. Mr. Speaker, if I may, was contrived. We did not start this again, have emerged from totalitarian I want to show Americans the quote war. We are acting, I believe, in self-de- Communism and into democracy. that the gentleman just referred to. fense. But I want to raise some votes The gentleman from Texas (Mr. This is from our minority leader, who that the gentlewoman from California DELAY) recognized immediately how is a wonderful woman. She is a great (Ms. PELOSI) made in 1993, which I important this was. It was a wonderful leader from California, but we some- think show her judgment as not being meeting we had at his office with mem- times usually disagree with her poli- in the interest of national security. bers of the National Assembly, with cies when it comes to big issues in First of all, there was a vote on Ambassador Elena Poptodorova of Bul- American politics. This is what she March 18, 1993, which would have re- garia. He was so positive. He was so en- said and I think it is important: duced defense spending by $41.9 billion. thusiastic, thanking the people of Bul- ‘‘Saddam Hussein has been engaged What an extraordinary time. Can you garia for their support of the United in the development of weapons of mass imagine, $41.9 billion of 1993 dollars, States in the United Nations. They are destruction technology which is a what that would have done to the de- on the Security Council. Thanking the threat to countries in the region and fense in the United States. Fortu- National Assembly for their strong has made a mockery of the weapons in- nately, it was rejected, overwhelmingly vote to provide for an American mili- spection process.’’ rejected. tary base to be located in Bulgaria to All over America there are can- Next there was a vote to reduce fund- defend southeastern Europe and to de- didates running for President on the ing for the ballistic missile defense sys- fend the people of Bulgaria and, ulti- other ticket claiming that President tem. Again, the gentlewoman from mately, to become part of NATO, and Bush lied about weapons of mass de- California (Ms. PELOSI) voted incor- also to thank the people of Bulgaria for struction in 2002 in Iraq. Here, 4 years rectly. She voted to reduce the spend- providing 500 troops to be currently in earlier, our current minority leader is ing for the ballistic missile defense sys- Iraq to provide for security and to pro- telling the American people her assess- tem. And of course we all knew my mote the development of democracy in ment of the situation. predecessor, the late Congressman Iraq, which we know is mutually bene- The question is whether George W. Floyd Spence, chairman of the Com- ficial to the people of Iraq and the Bush, having spent a year or two in the mittee on National Security, warned United States. Because as we work to White House, should have known more that there was the great prospect of redevelop Iraq, we are denying the ter- than leading Congress members 6 years North Korea, where I was a couple of rorists a breeding ground for more ter- into the process. So if the gentleman months ago, of being able to develop a rorists, and the same standard that we will continue, we have got some other ballistic missile capability to attack used after World War II where we speakers, if we can get to them. the west coast, including California, of helped redevelop Germany so that Mr. WILSON of South Carolina. Mr. course. And at that time, the gentle- would not be a breeding ground for Speaker, indeed, I want to reiterate the woman voted against the funding for communists. We defeated Communism. difference between 1998 and 2002, 2003 is the ballistic missile defense system. We will defeat terrorism, but we need that we have a new President. And I re- Additionally, there was another vote to have strong leaders as we have with gret, I feel that the reason that the which provided for increasing funding the gentleman from Texas (Mr. change in judgment, not patriotism is for ballistic missile defense and she DELAY). politics. was consistent. She voted against that. So that is my testimonial to a very When we consider how persons are to Then there was a vote to downsize U.S. fine gentleman that I am just so hon- be judged, I believe what we need to forces in Europe. And this would have ored, as is the gentleman, to be serving look at is how people vote. Their state- been a vote to reduce the funding for with. And when he has made state- ments are very significant, but we see U.S. forces in Europe, a very critical ments concerning the members of the statements can be shifted and can have part of our defense of the United minority, particularly their leader, the different meaning according to who the States. And it was a billion dollar re- gentlewoman from California (Ms. President is. I will state that going duction, and she voted to reduce that PELOSI), there has been substance. It is back on votes, and I want to cite from which would have crippled our ability not to question her patriotism, but it the Center for Security Policy, which to promote the development of democ- is to certainly question her judgment. is an organization that was created in racy in Central and Eastern Europe at And I know that in my service, 17 years 1988. It is nonprofit, nonpartisan, com- a very crucial time, and in addition to in the State Senate of South Carolina mitted to stimulating and informing protect the people of the United States. and now my almost 2 years of service the national and international debates Additionally, there was another vote here, what I look at are the statements about all aspects of security policy, no- and this was an amendment by the late that I have made and the votes that I tably those policies bearing on foreign Congressman Floyd Spence of South have made. defense, economic, financial and tech- Carolina which would have limited the And I really want to bring to every- nology interest in the United States. control exerted by a foreign national in one’s attention that the gentlewoman According to the Center for National U.N. operations which meant that the from California (Ms. PELOSI) made this Policy, national security score card, I United States would maintain control statement on December 17, 1998: ‘‘Sad- want to bring up votes and I will go of our forces. Again, the gentlewoman dam Hussein has been engaged in the back to 1993. from California (Ms. PELOSI) voted in- development of weapons of mass de- This is the 103rd Congress. The gen- correctly. struction technology which is a threat tleman and I were back in Florida and Another vote in 1993 was to reduce to the countries in the region and he back in South Carolina. But the gentle- defense and technology spending. This

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.094 H20PT1 H9728 CONGRESSIONAL RECORD — HOUSE October 20, 2003 would have reduced the Federal spend- George W. Bush or the appeasement in our mouths, in the President’s ing for defense at a crucial time of $51.5 wing of the Democratic party. That is mouth that he did not say, that the billion over 5 years. That would have what the debate is about. majority leader did not say, and that is been just further crippling. With that, I would like to very quick- why we did not hear a quote on the In the same session of Congress I ly have one more quote if I can and floor from the Democrats stating what have three more votes I want to go then recognize our friend from Florida. the gentleman from Texas (Mr. DELAY) over and then let other people speak I want to point out the difference be- said. because the gentleman has some really tween the last minority leader, who, The gentleman from Texas (Mr. talented people here tonight. I want to again, we often did not agree with, and DELAY) has been very clear. He is not congratulate the gentleman on recruit- the current minority leader. questioning the Democrats’ motives. ing fine persons to come and address The gentleman from Missouri (Mr. He is questioning their policies, but our colleagues as to the issue before us. GEPHARDT), when he was minority lead- here the gentlewoman from California There was a further vote in 1994 by er, said on September 17, right after (Ms. PELOSI) said what the United Congressman Bob Michel of Illinois and the terrorist attacks, the following: States responsibility is, and yet with this would have provided prohibition of ‘‘The terrorists who did this want us to her own votes, she has not done any- U.N. troops being under U.N. command. break up and fight with one another thing. She has done absolutely nothing And again the gentlewoman from Cali- and that is the last thing we are going to eliminate the weapons of mass de- fornia (Ms. PELOSI) voted incorrectly. to do. We are going to fight together struction which she said the United Can you imagine placing U.S. troops with the President and the people who States had a responsibility to do, or to under the command which could pos- have been heroic and courageous and minimize the danger of our troops sibly be under the command of some- wonderful, and we are going to win which she said the United States had a one as far out at that time as Saddam this.’’ That is former Leader GEP- responsibility to do, or to diminish the Hussein but also as Kaddafi of . HARDT. suffering of the Iraqi people. No. She Just, I think, incredibly irresponsible One more thing he said. ‘‘It is the voted against authorizing President in terms of our national security and American political tradition that poli- Bush to use military force against Iraq. defense. tics ought to stop at the water’s edge.’’ On the floor a little while ago from Then again in another vote in 1994 by What our current minority leader says, our friends in the minority party, we the gentlewoman from California (Ms. and again we respect her, we just dis- heard them say, well, some of our PELOSI), and that was to reduce the De- agree with her judgment, ‘‘I am dev- troops do not have sufficient body fense Authorization Act. There was a astated,’’ the gentlewoman from Cali- armor. It is a serious wording. We need provision to significantly cut defense fornia (Ms. PELOSI) recalls saying on to make sure they are prepared, but spending to a level far below that the morning after the bombing began then they vote against the $60 billion which was being proposed, at a time in in Baghdad, ‘‘by the fact that we are to give our troops the necessary equip- 1993, 1994, the beginning of the war on going to war.’’ In other words, actually ment to wage this war against ter- terrorism, where we were trying to prosecuting the war on terrorism in rorism. maintain defenses as strong as we Iraq was terribly offensive to her. That is what we are talking about could provide, and I just want to reit- With that, I would like to yield to here. I have heard of people speaking erate that it is not a question of patri- the gentleman from Florida (Mr. MARIO through two sides of their mouth, but otism at all. Our leader, the gentleman DIAZ-BALART), my friend. two sides are not enough. There are from Texas (Tom DeLay), has never Mr. MARIO DIAZ-BALART of Flor- more sides of a mouth on that side of questioned a person’s patriotism. It is ida. Mr. Speaker, I could not agree the aisle than there are seats on that judgment on votes. And those of us who with my colleague more. He just side of the aisle, Mr. Speaker, and have the privilege of serving the people quoted our leader the gentleman from again, what we are talking about here of the United States need to be judged Texas (Mr. DELAY), and yet we have is the policy, the policy. on our votes. just heard for an hour our good friends What we then heard also was an hour Mr. FEENEY. Mr. Speaker, I thank on the Democrat side wailing into the of personal attacks, yes, personal at- the gentleman from South Carolina gentleman from Texas (Mr. DELAY), tacks with innuendos and saying (Mr. WILSON). I want to reiterate what saying that he said things, and again, things because they could not quote he said because the whole last hour was they did not bring out quotes because them, saying that the gentleman from a lot of our Democratic colleagues just they do not have them, saying that he Texas (Mr. DELAY) said things he did terrified and enormously angry at our said something that he did not say. He not say. That should not surprise us, majority leader because he thinks that said exactly what the gentleman just Mr. Speaker. somehow he called them unpatriotic. quoted. Mr. Speaker, the Chair is from the This is not about whether you are pa- Let me quote, and I am going to read wonderful State of California, and just triotic or not. Actually, our majority part of the quote that my colleague in his wonderful State, they had an leader, to quote him accurately, and had up here a little while ago when he election, and I could not help but no- none of them quoted our leader, but on had the distinguished minority leader, tice the smear campaign that the new July 25 of this year what he said was: the gentlewoman from California (Ms. Governor-elect had to endure. I heard ‘‘When criticized for these comments, PELOSI), when she says ‘‘Saddam Hus- him say that it was the puke politics, the Democrats said we were ques- sein has been engaged in the develop- the smear politics. He said, ‘‘This is tioning their patriotism. Not so. The ment of weapons of mass destruction puke politics.’’ It seems to be the Democrats’ problem is not a lack of pa- technology which is a threat to coun- modus operandi. It seems to be the way triotism. It is a lack of seriousness. tries in the region, and he has made a that our good friends in the Demo- They do not hate their country. They mockery of the weapons inspections cratic party get taught when they go just refuse to lead it.’’ process.’’ to campaign school, and again, what is Mr. Speaker, I think this is impor- important is that we cut through the b 2200 tant. She also said, and these are her rhetoric and look at the policy, not the I will never call the Democratic words, ‘‘The responsibility of the puke politics, the policy. party unpatriotic, but I will call their United States in this conflict is to The gentleman from Florida (Mr. current leadership unfit to face the se- eliminate weapons of mass destruction, FEENEY) mentioned how this President rious challenge of the 21st century. to minimize the danger to our troops is leading this country in this war This is not about who is patriotic. We and to diminish the suffering of the against terrorism. The gentleman from have got 435 voting patriotic Members Iraqi people.’’ South Carolina said it very eloquently. of this body. This is about whether the To me, it is kind of almost over- We did not pick this war; we were American people trust a Churchill or a whelming when our good friends in the bombed. Our people were assassinated Chamberlain to lead this fight, a other party just from one day to an- in cold blood. We did not pick this war, Reagan or a McGovern during the Cold other totally do a 180 to what they and we did not have an option but to War. This is about whether they trust said. Of course, they try to put words now defend ourselves, and we do not

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.095 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9729 have an option but to win this war. will tell my colleagues this points out boxes at sporting good stores asking And yes, those that want to have the an interesting distinction to me be- for donations of ammunition for our politics of appeasement, I will throw cause forever when we really have a troops? Are we to start food drives at out another Winston Churchill quote. war going on, and most of us know churches and synagogues and mosques He said that appeasement was like when we are at war, it is not hard to in order to feed our soldiers who are in feeding an alligator, hoping that you tell, most of us are divided between one harm’s way in Iraq and Afghanistan? last. You know something, that alli- extreme of hawks and one extreme of Are we to shop at Goodwill for the uni- gator has already struck. Thank God doves on the war. forms that they need? I think not. we have a leader in the White House It seems like most of the Democratic Mr. Speaker, almost a year after 9/11, that understands we are at war. party are people running for President, the leader of the Democrats in the I want to quote another thing that the people that come down here and House said she really did not consider the distinguished gentlewoman from speak on Iraq every day, they are di- that we were at war. I hope she has the State of California, the minority vided, too, between doves and os- now come to a realization that we very leader, said about the war. She said, ‘‘I triches, but the fact of the matter is, much are. This is the same Democrat don’t really consider ourselves at war,’’ like a dove, you cannot fly away from leader that described our simple reso- May 6, 2002. She has the right to not terrorist attacks, and like an ostrich, lution to support our troops in the field consider ourselves at war, but I for one, putting your head in the sand will not as a bitter pill to swallow. The real bit- Mr. Speaker, will not forget the Ameri- protect you from the terrorist activity. ter pill to swallow is the realization cans who have died in the embassies Why do terrorists hate us so bad? that so many Democrats claim to sup- abroad, in the USS Cole, in Somalia This is one of the things all of us port our troops, but they will not vote and in 9/11. This country is at war. We Americans have so much trouble un- to arm and equip them. will not forget. derstanding, and I will tell my col- But the Democrat leader in the The gentleman from Missouri (Mr. leagues that just like the Nazis hated House is not the lone Democrat mak- GEPHARDT) said that we will not be di- us, just like the Communists hated us, ing outrageous political statements at vided, and that we are at war, and that the fact of the matter is they are very this time in our Nation’s political his- we will not be fighting among our- jealous, because, after all, as they see tory. A Democrat leader in the other selves. Frankly, I am a little bit upset it, we are rich, they are poor. Our peo- body stated that the war on terror is a of what I just heard over the last hour ple are well-fed, while their people are fraud, made up in Texas. which were personal attacks. Personal often hungry. We are technologically Let us ask 68-year-old mother Zahra attacks were leveled at the majority advanced, while they are mired in un- Khafi if this war is a fraud. After her leader in that puke politics that we sophisticated ways. We are strong, 28-year-old son was summarily exe- saw so evident in California. while they are weak. Our wives and cuted 2 years ago by Saddam Hussein’s Having heard all that, Mr. Speaker, I daughters are free to pursue diverse ca- regime for merely practicing his reli- know and I am confident that because reers or home making as they choose, gion, she said, ‘‘Should I be afraid? Is we have the gentleman from Texas (Mr. while theirs are treated as chattel. We Saddam coming back?’’ DELAY) as our leader and because we have individual freedoms secured by a Let us ask Ali Khemy if this war is a have George W. Bush in the White Constitution; they are enslaved by dic- fraud. After the 1st Marine Expedi- House, know, we do realize that we are tators and violent religious zealots. tionary Unit liberated his village, he at war. We do realize that there is a lot They hate us. said, ‘‘Americans very good, Iraq wants at stake, and those that want to hide Terrorists throughout the world hate to be free.’’ their heads in the sand like an ostrich, us. We have to get used to it. We are at Let us ask one of their religious lead- including in violation of their own war, despite the minority leader’s judg- ers if this war is a fraud. When his words, when the gentlewoman from ment. country was being liberated by our California (Ms. PELOSI) said, ‘‘The re- With that, I yield to the gentleman troops, he said ‘‘We need freedom more sponsibility of the United States in from Texas (Mr. HENSARLING). than we needed air.’’ this conflict is to eliminate weapons of Mr. HENSARLING. Mr. Speaker, I A recent survey showed that 70 per- mass destruction, to minimize the dan- thank the gentleman for yielding. cent of the Iraqis are clear they want ger to our troops and to diminish the Mr. Speaker, as a member of the our help. Clearly, the people of Iraq suffering of the Iraqi people,’’ despite House Committee on the Budget, I know that this war is about something having to not argue, despite the fact have heard hours and hours of testi- real and tangible: freedom, democracy, that she is not arguing these are her mony from Democrats about funding security, not just theirs but, more im- words, I am confident because of the Federal programs. portantly, ours. leadership of the gentleman from They claim that if we do not vote for For any Democrat who still believes Texas (Mr. DELAY) and the White an increase in the budget of welfare, that there is no war, no threat from House we are going to win this war then we do not care about the needy; if the forces of terrorism, let us ask the that the gentlewoman from California we do not vote for an increase of the families of the nearly 3,000 innocent (Ms. PELOSI) does not think we are in. budget of the National Institutes of Americans who lost their lives in the We are going to win it because this Health, we do not care about cancer pa- terrorist attacks after September 11. country has stood up to every single tients; if we do not favor major in- Let us ask the family members of those challenge. This country will not stand creases for the Department of Edu- who recently lost their lives in ter- by and let its children die with impu- cation, we must not care about our rorist attacks against the U.N. head- nity, be murdered with impunity. We children learning their A, B, C’s. In quarters, those who lost their lives in are at war. The President understands other words, in their world, support Baghdad’s Jordanian embassy or it. The American people understand it. can only be measured by money. against the Shrine of Ali Mosque. Let If the minority leader does not under- I have heard this line of reasoning us see if they believe that there is no stand, it is her right and our right to over and over again in countless war with terrorists. disagree. speeches by my Democrat colleagues, There is an old adage, Mr. Speaker, Mr. FEENEY. Mr. Speaker, I thank but when it comes to protecting the that those who fail to learn the lessons my friend from Florida, and I want ev- American homeland, all of the sudden of history are condemned to repeat erybody to be able to see exactly what the Democrats throw that reasoning them. Today, those who do not con- the minority leader the gentlewoman out the window because now, Mr. sider our Nation at war or consider it a from California (Ms. PELOSI) actually Speaker, we are being told by the lead- fraud, clearly have not learned the les- said. She said it on May 6, 2002, on the er of the Democrats that they support sons of history. Democratic show, Miles Benson. ‘‘I our troops, they just do not support During 8 years under President Clin- don’t really consider ourselves at war,’’ funding them. Which is it? ton when he deployed our troops 37 dif- Pelosi said. If they support our troops but they ferent times, Republicans came to the Now, Americans can decide whether do not want to fund them, what are we floor of the House and voted to support they think we are at war or not, but I to do? Are we to pass around collection our men and women in uniform. In

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.097 H20PT1 H9730 CONGRESSIONAL RECORD — HOUSE October 20, 2003 those 37 deployments, Republicans conducted testing. Ninety percent of that makes others so critical. Well, I, gave President Clinton the funding he the major cities and towns had func- for one, am very glad that we have the needed. tioning town councils. At that point, type of leader we have in Leader b 2215 over 50,000 Iraqis were contributing to DELAY. It is a privilege to serve in this their own security under uniform, that House with him, and I look forward to Now, if Republicans can support a is either in the Iraqi Army or as border serving with him for a great many Democrat President during time of patrols. The prisons were on the verge more years to come. war, why do so many Democrats refuse of reopening. The judicial system was Mr. FEENEY. Well, I thank the gen- to support a Republican President dur- up and functioning. Food distribution tleman for those comments. ing time of war? If Democrats are un- was going on without much in the way Mr. Speaker, we have been reminding willing to recognize the war that we of any hindrance. In fact, no humani- some of our Democrat colleagues of the must confront, if they are unwilling to tarian crisis grew as a result of the irresponsible positions that they have support our troops against these major combat phase of Operation Iraqi taken on the war on terror and the war threats, then what do they propose Freedom. The hospitals, although sub- on Iraq. But, in fairness, not all of the that we do to avoid another attack standard, remained open and func- Democrats in this country have been against Americans on American soil? tional. And four and a quarter million totally irresponsible. For example, the What is their solution to avoiding an- children were immunized during those former minority leader, before the gen- other potential attack with chemical, 3 months in the summer. tlewoman from California (Ms. PELOSI), biological or a nuclear weapon that can Well, Mr. Speaker, we sat here for a Congressman GEPHARDT, on September make 9–11 pale in comparison? good deal of time this evening and lis- 13 in the year 2001, 2 days after the Under this President, with the sup- tened as our leadership, the leadership bombing, said the following: ‘‘There port of Republicans and some Demo- of the administration, the leadership of was no air and no light between the crats in Congress, we are winning and this House was criticized for the lack President and Congress and the two fighting the war on terror. We are re- of a plan. I would just ask you: Does parties.’’ In other words, we were to- storing stability and order. Just this this litany of accomplishments that oc- gether at that point on the war on ter- month, the United States military and curred during those 90 days sound to ror. Iraqi police conducted joint raids, ar- you like the lack of a plan? And just to And just recently our colleague, the resting more than 50 terrorists and put it in some perspective for our gentleman from Georgia (Mr. MAR- criminals. Approximately 50,000 Iraqi friends on the other side of the aisle, SHALL), said, and I quote, ‘‘Responsible police officers are back to work, Coali- all of these things that I just men- Democrats should carefully avoid using tion forces are working with 36,000 tioned that were pointed out by Gen- the language of failure. It is false. It local Iraqi workers to refurbish 1,600 eral Ricardo Sanchez, all of these can be unforgivably self-fulfilling.’’ So schoolhouses across Iraq, and last week things occurred within 90 days. None of there are responsible things being said, Iraqis started a new path towards eco- those things had happened a year after but they are in the minority and they nomic stabilization by introducing a the end of combat in Kosovo. I ask you: are being drowned out. new currency. Does it sound like there was a lack of Before I turn to my colleague from Mr. Speaker, I hope my Democrat a plan, a post-war plan in Iraq? I think Tennessee, I want to say that more colleagues will move beyond the polit- not. like the gentlewoman from California ical rhetoric of their party’s leadership And let us just talk for a minute (Ms. PELOSI), the minority leader, is and their Presidential candidates. We about humanitarian crisis. Let us try the position of the last Secretary of must continue the hard and expensive to put that in some perspective. What State under President Clinton. And let work of seeing freedom and democracy would we have been hearing from the me first state that the National Demo- take root in Iraq and Afghanistan. For other side of the aisle tonight if there cratic Institute for International Af- as they do, those countries will cease had been 15,000 heat-related deaths in fairs is headed by , to offer safe haven to terrorists and the Baghdad this summer? Well, I will tell who recently returned from a fact-find- safer America will be. you what we would have been hearing. ing tour in Iraq, and what they found ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE We would not have wanted to hear the was that throughout the north, the The SPEAKER pro tempore (Mr. words that would have been coming south, and in Baghdad, secular reli- NUNES). The gentleman from Florida from the other side tonight. But the re- gious Sunni, Shiite, and Kurdish will suspend. ality was there were not 15,000 heat-re- groups in both urban and rural areas The Chair must remind Members lated deaths in Iraq this summer. Was there were what they called a newly that remarks in debate may not in- the summer harsh enough to cause formed umbrella movement. The Iraqi clude quotations of Senators, except as 15,000 deaths? Well, how about in Coalition for Democracy said, ‘‘We al- specified in clause 1(b)(2)(B) of rule France, where the average high tem- ready see the positive results that the XVII. perature was 25 degrees cooler and Americans have brought. We are free to The gentleman from Florida may where they had 15,000 heat-related talk to you, to organize a movement continue. deaths this summer. There is your hu- and party, free to meet and dem- Mr. FEENEY. Mr. Speaker, I would manitarian crisis. It did not occur in onstrate. And all this was made pos- like to yield to another gentleman Iraq; it occurred in France. sible by the Americans.’’ from Texas (Mr. BURGESS). We have Mr. Speaker, one of the reasons we And almost at the same time, Sec- several great gentlemen from Texas are here this evening is because of the retary Albright, violating the old rule here tonight. criticism leveled at our majority lead- of not playing partisan politics against Mr. BURGESS. Mr. Speaker, I thank er, the gentleman from Texas (Mr. your own country while men and the gentleman from Florida for putting DELAY). The gentleman from Texas women are in the fields while you are this together this evening, and I cer- (Mr. DELAY) is the duly-elected major- overseas, said the following, and she tainly thank him for yielding to me. ity leader of the House of Representa- said it on French radio and she spoke Mr. Speaker, I was fortunate enough tives. He has a duty not just to be a in French. Here is what she said, trans- to be in Iraq at the end of the summer, leader but to maintain his majority in lated into English: ‘‘It is difficult to be the last week in August. And during the House of Representatives, and it is in France and criticize my government, that trip, we talked with General Ri- the fact that he is so successful in but I am doing so because Bush and the cardo Sanchez, who talked to us about doing that, and the recent redistricting people working for him have a foreign the accomplishments that had hap- in Texas points to just how successful policy that is not good for America, pened since the end of the major com- he is in that job, that that is what not good for the world.’’ bat phase of Operation Iraqi Freedom, leads to his criticism. Thank you, Secretary Albright, for essentially 3 months later, the 90 days The gentleman from Florida is quite traveling the world and basically en- of progress. correct when he talks about people who couraging people that wish us no good. During that 90 days, schools had are critical. It is largely not what we And I would note finally that one of completed their academic year and do wrong but what we are doing right the other great terror threats on the

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.099 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9731 planet is North Korea, and Secretary It was interesting to sit here and to being reported. Failure is not an op- Albright’s great contribution in North read all of this. He went on in his e- tion. Should the reconstruction effort Korea during her administration was mail and he used the Patrick Henry fail, Iraq would become a snake pit, a to actually help facilitate the use of quote that I absolutely love: ‘‘Give me haven for terrorists.’’ nuclear capabilities for power genera- liberty or give me death.’’ And as he Mr. Speaker, we have learned the les- tion in North Korea. Not the kind of has watched the war in Iraq, he said sons of World War I. We learned from thing that has really been productive. this had come back to him so many the successes of World War II. We know With that, Mr. Speaker, I would like times and how he thought that that is it is incredibly important that we see to yield to a friend and colleague and so true, that without that personal Iraq through to being firmly planted marvelous spokesperson for the con- freedom, which is the foundation of our and seated on a firm foundation so servative and Republican-principled constitution and of our society, then they can be a success. I do not think it cause, the gentlewoman from Ten- nothing else means as much, and how is patriotic for us to sit back and let nessee (Mrs. BLACKBURN). important it is that we recognize what terrorism take hold there or come over Mrs. BLACKBURN. Mr. Speaker, I a threat terrorism is; how important it here and take ahold on our shores. I do thank the gentleman so much. You is to win this war in Iraq; how impor- know, the gentleman just used the not think it is patriotic to let tyrants tant it is to build an ally with Iraq. quote from former Secretary Madeleine kick dirt in our faces for a decade. I And, of course, we have talked much Albright, and I heard some about this know the people in my district are tonight about the gentlewoman from this weekend while I was back in Ten- tired of America choosing rhetoric over California, the minority leader, and her nessee, people who were disappointed, action, and they are pleased with the comments in December of 1998 when Democrats who were disappointed that action that they are seeing. September she gave her floor speech character- she had chosen to make that remark of 11 gave us cause for action. saying that our policy and our Presi- izing Saddam Hussein as a tyrant, There is a great song that one of my dent’s policy was not good for America which we all believe he is; and a threat friends and songwriter, David Worley and not good for the world. to international security, which we all has written. The song is Have You For- This past weekend, I was literally all agree that he is. We have been through gotten, and that song is a reminder to over the State in Tennessee. We were that quote tonight, but I want to go each and every one of us that Sep- over in Memphis, in Shelby County, back into it. There is plenty of proof he tember 11 occurred, that men and which is part of my district, the sev- had engaged in the development of women lost their lives, that terrorism enth district of Tennessee. Also part of weapons of mass destruction. I agree brought its war to our shores, and it is the ninth and eighth districts of Ten- with what the minority leader said at important that we support the recon- nessee. And then I was over with our that time; we all do. struction in Iraq and support our lead- good colleague, the gentleman from We need to realize that in 1998 Bill ership as they lead through this. Tennessee (Mr. WAMP), in his district, Clinton was the President. Today, we Mr. FEENEY. Mr. Speaker, I thank the fourth district, and up in Knox do have a different President. And the gentlewoman for her leadership on County, with our colleague, the gen- President George Bush is leading us in this. tleman from Tennessee (Mr. DUNCAN), this war on terror. Our colleague from Again, to point out, the two big de- in his district. And I can tell my col- Texas just talked about the great work bates tonight are not whether or not league that I was very encouraged with that the men and women are doing you are patriotic, the question is the way Tennesseeans support our over in Iraq and the difference that whether you are fit and responsible in President, the way they support our they are making. I look forward to the fight against the war on terror. The troops, they way they support our lead- going and seeing this firsthand. sad thing for a lot of us that enjoy Now the minority leader is coming ership in fighting this war on ter- working with our Democratic col- along and she is questioning what we rorism, the way they recognize that leagues is that traditionally when are doing in Iraq, and she is charging this is a global effort to destroy ter- there is an international war going on the administration with having a failed rorism. and America is heavily involved, and plan. The only thing this administra- And, Mr. Speaker, the people back our security and lives are potentially tion has failed to do, I believe, is to home are really watching this. They at stake, are you a hawk and tend to- foresee how quickly Saddam Hussein’s are listening to the news, they are get- wards the hawkish side, or are you a regime was going to collapse. To some ting their information on the Internet, dove and tend towards the dovish side, extent, I think they have been victims they are paying attention. They know but in much of the Democratic caucus, that there are numerous links between of their own success. Because as our the debate is between whether or not Iraq and terrorism, and they under- colleague from Texas pointed out, you are a dove or an ostrich. stand the importance that it is. They things have moved rather quickly. No know that it is vital that we secure an one expected Baghdad to fall that The terrorists came and found us on ally with Iraq; that we help them build quickly. They thought it was going to September 11, and they will do it again. a free and open society; that we help take months instead of weeks. Fortunately, there are some respon- them get the underpinnings and the I would like to quote from another sible Democrats that say responsible foundation so that they have a produc- Member of the minority party, who, things. Unfortunately, we have not seen a lot of leadership out of the mi- tive and aggressive economy. And they unlike Minority Leader PELOSI, is con- are committed to working with us as sidering the big picture. This is a quote nority leader’s office. I want to share a we get through the war on terrorism. I from the gentleman from Missouri (Mr. quote that talks about the fight to water down the resolution to fight the even had one of my constituents this SKELTON), he is a Democrat, and he is weekend say that they thought that it considering the big picture. This is war on terror in Iraq. Minority leader, was only in this stratified Potomac fe- what the gentleman from Missouri (Mr. the gentlewoman from California (Ms. PELOSI), fought to tone down support vered air of Washington that people did SKELTON) had to say in September of not have the courage and the commit- 2003, this year, in the publication ‘‘The for Bush and delete other passages op- ment to see this war through. Hill,’’ and I quote. posed by antiwar Democrats. Mr. Speaker, I was today reading But at the same time, you have the some e-mails that had come to me, and b 2230 second ranking person in the Demo- one of them I thought was just terrific. ‘‘The media stresses the wounds, the cratic caucus, the gentleman from It came from a gentleman who is a injuries, and the deaths, as they Maryland (Mr. HOYER) who basically Vietnam veteran who said some things should, but for instance in Northern said he would vote for the bill that his so very well, talking about how when Iraq, General David Petraeus,’’ and I leader opposed. I am glad there are he was serving in Vietnam that the lib- will pause here and say General Members who put partisan politics eral news media flamed the sparks of Petraeus commands the 101st Airborne aside and support our President, even unrest and how that played on Con- from my district, ‘‘has 3,100 projects, though all of us have questions how we gress and how Congress’ decisions dur- from soccer fields to schools to refin- can do things better. That ultimately ing that time affected him as a soldier. eries, all good stuff and that is not is not the question.

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.101 H20PT1 H9732 CONGRESSIONAL RECORD — HOUSE October 20, 2003 I want to go back to the question constitutional democracy in Iraq that Mr. Speaker, I want to say, hope- whether or not we are at war with ter- is not a threat? fully, this debate can return to not who rorism, and again the gentlewoman Well, candidly, the Democratic party said what when, but who believes we from California (Ms. PELOSI) suggested is very divided. The gentleman from need to stand up and fight to do the we are not at war, and that while the Rhode Island (Mr. KENNEDY) split from right thing to protect Americans to se- war has not been officially declared by his own father in criticism his father cure our interests and to ultimately the , we have leveled against President Bush for at- bring our men and women from Iraq not had one since I believe the Korean tacking Iraq. The gentleman from home as we continue to prosecute this War, in over 50 years, this war is a de- Rhode Island (Mr. KENNEDY) said the war on terror. clared war. The terrorists declared this country is better off without Saddam I will go back to what I started with war on the United States, and they did Hussein. His quotes are, ‘‘I do not agree tonight, in a great speech President it in a resounding, ugly, atrocious way with his stance,’’ speaking about his Reagan gave to the British Parliament on September 11. father. ‘‘I believe that the United Na- in 1982 called the Westminster Speech, But this threat is not new. In 1986 tions needs to be a viable international he said, ‘‘During the dark days of the during the great Libya debate in the organization, and the only way it is Second World War, when this island House of Commons, Lady Thatcher de- viable is if its proclamations and reso- was incandescent with courage, Win- fended American’s strike against Libya lutions are enforced.’’ ston Churchill exclaimed about Brit- as she said, ‘‘Terrorism thrives on a Despite all that warning about the ain’s adversaries, ‘What kind of a peo- free society. The terrorist uses the feel- fact that we cannot wait on permission ple do they think we are?’’’ ings in a free society to sap the will of from people in the U.N. to protect our- Mr. Speaker, all over the world, ter- a civilization to resist. If the terrorist selves, there are still people attacking rorists are watching to see what kind succeeds, he has won and the whole of the President for the preemptive war of people we think we are. Ultimately, free society has lost.’’ Like Lord on terrorists. This is a responsive war it is the President of the United States, Churchill, Lady Thatcher is prescient, given the fact that Saddam Hussein sometimes imperfectly, ultimately it is and she issued warnings a decade be- has tried to export terrorism at every the majority leader and it is the lead- fore the war was launched on America, opportunity. ership of the Republican Party in the much like Prime Minister Netanyahu It is not just the Democrats fight United States House that the terrorists in his book Fighting the War on Ter- amongst themselves, sometimes the fear and know can defeat them, and the rorism warned that ultimately the tar- same Democrat is on both sides of the whole world is watching to see whether get of international religious zealot issue, like General Wesley Clark, de- we back down to this terrorist threat. terrorism is not Israel, they are the pending on what day it was. Early in Mr. Speaker, I know what kind of temporary target. Ultimately, the the campaign, he could not decide people I think Americans think we are. great Satan is the United States. whether he was fully supportive of the We are ready for this challenge, and it We were told in 1995 by Prime Min- President and our troops, or whether is not easy; but the gentleman from ister Netanyahu that we would, in fact, he would have voted against the resolu- Texas (Mr. DELAY) and President Bush be the target. But we do not have to tion. It just depends on which version are our leaders. believe our friends and allies on the of General Clark’s statements that we f topic of terrorism being a threat to our hear, now as he is running for Presi- SOCIAL ILLS SEEN AS RUIN OF children, our grandchildren and our dent, and again using partisan rhetoric NATIONS very civilization, if fact, it was over a in trying to undermine the President decade ago that Osama bin Laden de- in a time of war. The SPEAKER pro tempore (Mr. clared, ‘‘We with God’s help call on Governor Dean has no such problem. NUNES). Under the Speaker’s an- every Muslim who believes in God and He has been very consistent. In that nounced policy of January 7, 2003, the wishes to be rewarded to comply with old battle of hawks versus doves, the gentleman from Nebraska (Mr. God’s order to kill the Americans, and fact of the matter is that I think it is OSBORNE) is recognized for 60 minutes. plunder their money whenever and pretty clear that Mr. Dean is in fact on Mr. OSBORNE. Mr. Speaker, I was wherever they find it. We also call on the ostrich side of that debate. He op- privileged to hear British Prime Min- Muslim leaders, youths, and soldiers to poses the war, he opposes the doctrine ister Tony Blair speak in this Chamber launch the raid on Satan’s U.S. troops of preemptive war, which means we a few months ago, and one comment he and the devil supporters aligned with have to wait, according to the doctrine made particularly caught my atten- them, and to displace those who are be- of Mr. Dean, who is apparently one of tion. He said, ‘‘As Britain knows, all hind them so they may learn a lesson.’’ the frontrunners for nomination for predominant power seems for a time We have been warned over and over President, we have to wait until the invincible, but in fact, it is transi- again that they are coming to do us next set of bombs, perhaps filled with tory.’’ I think what he was saying is evil. We know it, and yet putting our nuclear weapons, hits an urban center that essentially nothing lasts forever, heads in the sand is not an effective re- in New York or Detroit. Maybe we have including great nations. sponse, and hope is not a strategy. to wait until poison water in Los Ange- History teaches us that, most of the Winston Churchill said in the 1930s, les or in poisons millions of our world’s great powers are not overcome warning about Hitler’s Germany, if you citizens. Terrorists maybe will have to by external force, but rather disinte- give into aggression, there will be end drop nerve gas on population centers in grate internally. And let us take a to humiliation you have to suffer. Atlanta or before we can defend quick study of three such examples. Remember, it was Abraham Lincoln ourselves, and even at that point Gov- Rome, of course, 2,000 odd years ago, who basically said in terms of having ernor Dean regularly suggests that we stood astride the then-civilized world to complete the war to put the Union need to ask the United Nations before and appeared to be invincible. Yet it back together, let us strive on to finish we defend ourselves. fell from preeminence, and the reasons the work we are in. Let me remind Members that means historians have given us, there was a But again, we have great leadership that Libya, led by Quadafi, general decline in morality, increasing from our President in very difficult, who declared basically a terrorist war corruption and instability in leader- very challenging times. We have won- on America 15 years ago, Libya con- ship, an increasing public addiction to derful support and leadership from our trols the chairmanship of the Human ever more violent public spectacles, an majority leader who came under in- Rights Commission of the United Na- increase in crime and prostitution, and tense attack tonight, and where is the tions. Maybe we should have to ask a populace that had become more self- plan of the opponents of the President, Syria, a state that sponsors terrorism absorbed, apathetic, and unwilling to where is the plan of the opponents of on a regular basis and that serves on sacrifice for the common good. our majority leader, where is the plan the Security Council of the United Na- Then, of course, the country that of the opponents of the people who tions, one of the top 15 votes in the Tony Blair was referring to, Great want to prosecute, fight and win the United Nations. We should not have to Britain, had a colonial empire that war on terror and to establish a free ask for permission to defend ourselves. dominated much of the world through

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.103 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9733 much of the 1800s, and, of course, that to the juvenile courts. In 1999, that fig- fatherlessness has caused and I think empire slowly began to crumble. The ure was well over 1.6 million. I would really is at the root of most of the so- reasons that some have given for this say today in 2003, this is the most re- cial pathology that we see in front of demise was that Great Britain had lost cent figures that we have, but I would us. the national resolve to maintain its imagine that by 2002, 2003, the caseload The foundation of our culture, the territory, values that led to ascend- is much higher. That represents a 400 family, is certainly under assault and ancy were eroded, spiritual percent increase. I really do not care we have seen great changes over the underpinnings were shifted at some what figure you look at; you will find last 30 to 40 years. Another major issue point. that the chart looks about like this for that has contributed to some of the The third example would be the So- issues such as teen pregnancy, teenage problems that our young people are viet Union, one of two great super pow- murder, violence, drug and alcohol dealing with today is that the environ- ers as recently as 20 years ago, and in abuse involving teenagers and, of ment has changed. The environment a matter of months, Russian disinte- course, the divorce rate for seniors and that they live and move and have their grated before our eyes. Alexander Sol- all the other social pathology that we being in is not the same as it was back zhenitsyn reflected on this fall when he are so familiar with. I think there are in the 1940s and the 1950s and even the observed that, ‘‘Over a half century several factors that contributed to early part of the 1960s. In 1960, drug ago, while I was still a child, I recall a these changes that we see here. I would abuse was almost unheard of. I know in number of older people offering the fol- say the first major factor is simply the area of the country that I lived in, lowing explanation for the great disas- some of the things that have happened I had heard the word marijuana, I had never seen any instances of it, had ters that had befallen Russia, men have to our family structure in the United never heard of cocaine, forgotten God, that is why all of this States. In 1960, the out-of-wedlock methamphetamines, ecstacy and so on; has happened.’’ birthrate was 5 percent. Today it is and of course today those drugs are of And so, Marx and Lenin dismantled right at 33 percent, a 600 percent in- somewhat epidemic proportion. Alco- Russia’s heritage and value system. crease. So roughly one out of three hol abuse involving underage drinking Russia’s foundation was broken, and it children coming into our Nation today have basically two strikes against has exploded. collapsed like a house of cards with I would like to take a little time them and in most cases will not have nothing to sustain it. right now, Mr. Speaker, to develop this both a father and mother to care for b 2245 particular theme because so often we them. Some will, but most will not. feel in the United States that the drug These are just three examples. I In 1960, the great majority of chil- problem has to do with hard drugs, but think there are many others that his- dren lived with both biological parents. by far the biggest drug problem that tory is replete with that show the de- Today nearly one-half grow up without we are facing today with our young clines of some great nations, again both biological parents. Only 7 percent people is that of alcohol. A recent Na- without any outside military interven- of today’s families are traditional fam- tional Academy of Science study that tion. I think some of the common ilies as we would normally define it, was released, I believe 2 weeks ago, themes that we begin to see are that in with usually a father working full- showed that alcohol kills 6.5 times cases like these, citizens are less will- time, a mother at home full-time or more children than all other drugs ing to sacrifice for others and for coun- vice versa, but at least one parent combined. More than cocaine, meth- try, citizens become more self-ab- being at home and one parent being the amphetamine, ecstasy and all of those sorbed, a greater desire for comfort, for primary provider. This is according to drugs put together, alcohol kills 6.5 the state to provide for their welfare, a the Fatherhood Initiative statistics. times more. weakening of commonly held values So actually in many cases, and as a Underage drinking costs the U.S. $53 and a decline of spiritual commitment matter of fact in some cases, in most billion annually, 21⁄2 times what it is in those countries. cases with our children, nobody is going to cost us to rebuild Iraq. There What does all this have to do with home after 3 p.m., and between 3 and 6 are more than 3 million teenage alco- the United States and our present situ- p.m. we find the greatest source of holics estimated in our country today. ation? I hope I am not overdrawing the problems, of criminal activity and so This is by far the biggest drug problem. case here, but I would have to say that on with our children, because no one is The average age of first drink in our right now we are certainly on top, we home. Parents today spend 40 percent country is currently 12.8 years of age, have the most powerful military, the less time with their children than they less than 13 years of age; and the dis- strongest economy, the most stable did a generation ago. The divorce rate, couraging thing is that when young government of any nation in the world of course, has increased 300 percent people drink, on the average they will and so it is easy to think, as Tony since 1960 and 24 million children today consume almost twice as much alcohol Blair mentioned, that we are invincible live without their biological father. per occurrence as an adult will. So but also as he said, as Britain knows, Fatherless children are more likely to young people on average tend to drink all predominant power for a time seems be abused, have mental and emotional to get drunk and they often do. Twenty invincible, but in fact it is transitory. problems, abuse drugs and alcohol, percent of our eighth graders drink I think that was a well-taken word of commit suicide, commit a crime and be regularly. Children who drink before warning. promiscuous. age 15 are four times more likely to be- Over 36 years of coaching and dealing I think this is graphically driven come alcoholics because of psycho- with young people, I saw some very dis- home when we realize what a greeting logical and physiological immaturity. turbing signs. I am going to take some card company did a few years ago when Alcohol impacts them much differently time this evening to develop the theme they approached the prisoners in one of when they are 12 and 13 and 14 and 15 that I saw occurring before my very our Federal prisons. It was Mother’s years old than it impacts them when eyes over that 36-year period that I Day. They said, we’ll give you pris- they are 24, 25, or 26. And so there is a think certainly bode a sense of warn- oners a Mother’s Day card free if you’ll great increase in addiction. ing, at least as far as I am concerned. just simply send your mother a card The thing that I would really like to The young men that I worked with and they had almost 100 percent par- emphasize, Mr. Speaker, is this, that were more talented with each year, yet ticipation. And so they thought that young people for the most part do not they showed more signs of stress, they this was somewhat gratifying. They start their experimentation with ille- had more personal struggles, and they thought, well, when Father’s Day gal drugs by using marijuana, they do had less moral clarity as the years comes around, we will do the same not start with cocaine, they do not went by. thing. They made the same offer with start with methamphetamine. They This chart here to my left reflects at Father’s Day cards and as you may start with alcohol. Therefore, if you least one alarming trend. In 1960, which suppose, maybe you would not suppose, really want to stop the abuse of hard was about the time that I started there were no takers. That shows you drugs, the important thing to do is working with young people, we had the devastation, particularly in some start with stopping the abuse of alco- roughly 400,000 cases that were referred of our disaffected population, that hol with underage drinkers.

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.105 H20PT1 H9734 CONGRESSIONAL RECORD — HOUSE October 20, 2003 Yet we have really pretty much ig- indecent material. Also they had not tem has shifted considerably. Stephen nored this whole problem because we suspended a single license in the Covey wrote the book ‘‘Seven Habits of spend more than 25 times as much United States for airing indecent mate- Highly Effective People’’ several years money on curbing illegal hard drugs as rial. Not in the entire history of the ago, and the thing that he noted was we do on underage drinking. We spend FCC have they done anything like this, this: he said that in the first 150 years a minimal amount discouraging young despite thousands of complaints. This of our country’s history, success was people from drinking as underaged is something, Mr. Speaker, that abso- primarily defined in terms of character young people. We spend hundreds of lutely needs to change. Many of us in traits. A successful person was honest, millions to fight drug production in Af- this body are attempting to cause the a successful person was loyal, a suc- ghanistan and Colombia and around FCC to begin to take their responsi- cessful person was hard working, kind, the world and a fraction of that money bility seriously. et cetera, generous. And then he said spent on curbing underage drinking The Department of Justice has been something happened about 50, 60 years would be more cost effective. It would focusing on eliminating child pornog- ago as he began to survey the lit- dry up the demand. I think some type raphy but has done relatively little to erature of our Nation as it had to do of a national advertising program, a enforce hard core Internet obscenity with the issue of success, he noticed national education program with a laws. Of course the Department of Jus- that success began to be defined more fairly large infusion of dollars at the tice has had their hands full, particu- and more in terms of material posses- Federal level is warranted. It would larly since 9/11. We realize that they sions. A successful person was no probably help us cure and clear up the have a very heavy caseload. But we longer one who had good character; a drug problem more than anything else have really petitioned the Department successful person was one who had that we could do in this country. of Justice to get more active. In the money; a successful person was one Another issue that is certainly af- preceding 8 years prior to 2000, prac- who had power; a successful person was fecting our young people as they try to tically nothing was done to enforce ob- one who had celebrity. And so today we weave their way through the environ- scenity laws in the Department of Jus- find that many people who are labeled ment that they are placed in is the vio- tice, and we feel that we have not seen successful are really not people of lence factor. As many people know, the a whole lot of action in the last couple character. They are people who have United States is currently the most of years as well. material wealth, celebrity, publicity, violent Nation in the world for young Another issue that has been a con- and so on. So certainly our value sys- people ages 14 through 23, 24. The sec- cern is that of the video game industry, tem has switched a great deal. And we ond-place country is not even close to eight- to 18-year-old children average have seen this affect the business us. We lead the world in homicide rates spending 40 minutes per day playing world, WorldCom, Enron. We have seen and suicide rates for young people. video games. Again, 40 minutes a day it in the press. We have seen it in ath- Pornography has exploded. We have on the average, ages 8 through 18. And letics, in the church, and in politics; over 1 million porn sites on the Inter- video games, as most people know, and so it is quite concerning as to what net. Not 1,000. Not 100,000. We have 1 have become increasingly violent. A re- effect this has on our culture at the million porn sites currently on the cent video game that was displayed to present time. The predominant world view that I Internet. That is unthinkable. I think Members of Congress showed stalking noticed today, Mr. Speaker, is some- when the Internet first began many and killing activities that are used on thing called post-modernism, and what years ago, no one would have assumed training films in the military to teach this states, the view of the world being that this was even possible or probable. people how to kill people. In this par- post-modernism, is that there are no And here it is and so nine out of 10 ticular video game, if you were a good moral absolutes. So murder is not ab- children ages 9 through 16 have viewed shot and you hit somebody in a vital solutely wrong. It depends on the cir- pornography on the Internet. Again, spot, such as the head, blood spurted cumstance. There may be cases when that is nine out of 10 children who are and everything happened; the reward was several frames of pornographic ma- this is justified. Adultery is not abso- ages 9 through 16 have viewed pornog- lutely wrong. There may be cir- raphy. Much of that is hard core por- terial. This is, as far as I am concerned, off cumstances in which it is okay. Every- nography, which really sears an im- the charts. I do not think the average thing is relative. It may be okay to dis- pression into your mind that some- adult can even conceive of some of the honor one’s father and one’s mother. It times you really cannot get out of it things that our children are seeing in may be okay to steal or to lie or to do and most of that viewing has been un- terms of video games. The average all of the things that have been taboo intentional. It has been by accident. player of video games is 12 years of age. in societies throughout history. We have corporations such as AT&T The Kentucky school shooter who was So we have a system of relativism that have been involved in hard core very effective and killed several of his that leaves our young people with pornography. At one time AT&T I classmates had never fired a gun prior nothing firm to hold on to at the think was the gold standard as far as to the day that he took a gun to present time; and particularly on the how a large corporation should be run. school, but he had been very proficient college campus we will find that post- Yet we find some of our most reputable in playing video games, and he had modernism is currently almost 100 per- companies involved in this industry done a lot of firing and shooting in cent holding sway in terms of the which yields profits of 10 to $15 billion video games which translated appar- minds of our young people. a year. And so the profit motive cer- ently quite well into his activities on So, Mr. Speaker, in view of the fam- tainly supersedes any national interest the school ground that day. ily breakdown, the decline in our cul- that they might perceive. Such words Of course much music, some tele- ture and shifting values, it is an ex- as Barbie, Disney, ESPN, at one time vision, many movies are graphic. The tremely difficult time for our children. my name, would pull up a porn site. current content would have been im- We are asking them to weave their way And so a child who innocently wants to possible to present for public consump- through a minefield littered with alco- do research or look at some informa- tion 30 years ago or even 20 years ago. hol and drug abuse, harmful video tion regarding their hobby will oftimes This is particularly disturbing to me games, music, TV, movies, promiscuity pull up a porn site, and we do not seem because I have grandchildren ages 4 games, violent behavior, and broken to be able to do anything about it. through 11. I am very concerned about homes; and we are asking them to do Many of us are dismayed by the way the environment that they are moving this with little or no parental guidance the FCC is regulating obscenity on the into and the things that they are either in an ever-shifting value system. Nation’s airwaves. They are the pri- advertently or inadvertently exposed So it is a very difficult time, and I mary arbiter. They are the ones who to because it certainly has an impact think we need to pay very close atten- are supposed to be the watchdog in this on the way they see the world. tion to these changes in our family, to area. According to the Parents Tele- these changes in our environment. And vision Council as of July 23, 2003, the b 2300 as de Toqueville said, he made an ob- FCC had not fined a single broadcast In addition to some of these issues, I servation that I thought was rather as- station in the United States for airing would have to say that our value sys- tute a couple hundred years ago. He

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.107 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9735 said: ‘‘America is great because Amer- could be, that they could go on to col- appeared to be of a minor. So the issue ica is good,’’ and what he was doing lege, that they could do something in at hand was this: You cannot have an was he was referring to the large num- electronics, that they have musical actual minor involved in the produc- ber of churches, civic clubs, youth ability. So a mentor is one who guides tion of child pornography, but if you groups, and individuals who reach out them in those directions. Mentoring re- use computer-generated images, which and help others. This was somewhat duces dropout rates, drug and alcohol you can not tell whether they are real unique to the United States at that abuse, teenage pregnancy, violence. or not real, then that type of child por- time that we would help those who And the President has proposed $150 nography is apparently okay, accord- were less able to help themselves, and million annually over the next 3 years ing to this particular Supreme Court we had all of the different groups who for mentoring initiatives. Actually, the decision. were reaching out, and he had not no- funding will be about half of that, but In October 1998 the Children On-Line ticed that in Europe. He said this is it is still much better than we had in Protection Act was signed into law to really the key to America’s greatness. the past. prohibit the communication of harmful So he was referring to the inherent de- The National Mentoring Partnership material to children on publicly acces- cency of the American people. He was says that roughly 18 million children in sible web sites. The Supreme Court’s referring to the strong moral and spir- the United States today are badly in refusal to rule on the 1988 law pre- itual underpinning of the Nation. He need of a mentor, and yet at the vented the law from being enacted, so was referring to the basic American present time we have roughly 2 million we were not able to protect children ethic: ‘‘Do unto to others as you would who are being mentors. Roughly one who were involved in receiving harmful have them do unto you.’’ So I think the out of every 10 has a mentor. So I think material on publicly accessible web important thing to remember, that one thing that could greatly change sites. these observations were made 200 years the shape of our Nation and our future The 106th Congress passed the Chil- ago, and I suppose the corollary to his would be to provide a much more sys- dren’s Internet Protection Act to re- observation would be this: if America tematic mentoring program, and I quire schools and libraries that receive is no longer good, then America may think the President is behind that. Federal funds to use Internet filtering no longer be great. I think some legislation can help. to protect minors from harmful mate- I am not one who believes that we The Internet Gambling Bill, H.R. 2143, rial on the Internet. In May 2002 a Fed- are not a great country, and I believe is something that I think could be very eral Court declared the law unconstitu- there is a tremendous reservoir of in- beneficial. We have a great many tional. nate goodness in our country today. young people, particularly college stu- What we have here is free speech is But by the same token, I think it is dents, who are inundated with credit protected for pornographers and, in important to point out that some of cards. And anymore all one has to do some case pedophiles, while women and the standards and some of the values to build a huge gambling debt is to children are attacked. Roughly 80 to 90 that have made us great have slipped have a credit card and a computer. So percent of pedophiles and rapists report considerably. we would like to shut this practice using pornography, oft times before So one may say, what can be done? down because some kids run up a 10, 15, they commit an event. This has been a discouraging picture $20,000 gambling debt in a matter of So, some people say, well, what is the that I have painted, and sometimes I days; and of course their future and big deal? Pornography is harmless. It even hesitate to do this, but I think it their credit rating is ruined. So we feel does not really have any victim. Yet, if is something that we need to face, we that this would be an important bill. you think about it, we spend billions of need to talk about on this floor. So H.R. 669, Protect Children from Video dollars in this country on commercials, some of the things that can be done in Game Sex and Violence Act of 2003, and if those commercials did not this body and throughout our culture sponsored by the gentleman from Cali- change behavior, if what you see and are as follows: number one, we can do fornia (Mr. BACA), of which I am a co- what you hear and what you read does some things to provide mentoring for sponsor, prevents marketing extremely not change your behavior, then we are some of our young children, and men- graphic violent video games to chil- spending billions of dollars unneces- toring is simply providing an adult who dren. We think this would be a step in sarily. So, obviously, the pornography cares about the lives of young persons. the right direction; but, again, we industry does have a tremendous im- So many of our young kids today do would worry about the courts declaring pact on behavior and the environments not have anyone who cares for them it unconstitutional. So I think we need that our young people exist in. unconditionally and to have someone a fundamental shift in court decisions I would also point out that there who is not a father, not a mother, not regarding the first amendment. have been some issues that have to do a preacher, not a teacher, no one who I am not a constitutional expert and with prayer that are somewhat con- has an ax to grind, is paid to do so, to do not pretend to be so, but I would cerning in our schools. In 1962 the Su- have a person who is a mentor, who is like to point out some court cases that preme Court ruled the following prayer an adult who cares enough about some- have certainly shaped the course of our unconstitutional. This was the land- one, to show up and say I care about Nation’s history and its future. In 1996 mark decision. This was the particular you unconditionally, and whatever Congress passed the Communications prayer: ‘‘Almighty God, we acknowl- happens, I am here for you. Decency Act that made it illegal to edge our dependence on thee and we It is very powerful in the life of a send indecent material to children via beg thy blessings upon us, our teachers young person. A mentor is one who af- the Internet; but in June of 1997, the and our country.’’ It seemed relatively firms, who says I believe in you, I know Supreme Court overturned portions of innocuous and relatively simple, but you can do it. I think that this is some- the law and, get this, said in the opin- that prayer was ruled unconstitutional thing that you are capable of. I see ion: ‘‘Indecent material is protected by because of separation of church and great promise in you. And I saw that in first amendment.’’ So this was one of state. athletics, that if they affirmed a young the first times, I believe, that the Su- It would appear that many court rul- person, they ofttimes became that preme Court said that indecent mate- ings regarding separation of church which they did not even know they rial is okay. The first amendment gives and state have ranged far afield from could be; and on other hand if they did one the ability to do that, and we are the intent of our framers of the Con- not affirm them, if they beat them not going to stand in the way of people stitution. The First Amendment down, if they are negative, which so sending indecent material to children states, ‘‘Congress shall make no law re- many of our kids experience all the over the Internet. specting an establishment of religion time, it would not be long before that or prohibiting the free exercise there- player played down to that level, and b 2310 of.’’ before long he would quit. That was a landmark case. Of course, most everyone realizes And of course a mentor also provides In 1996 also, the Child Pornography where that came from, the Constitu- a vision. So many of our young people Prevention Act outlawed child pornog- tion, was that this country was found- simply have no vision of what they raphy, including visual depictions that ed by people who were attempting to

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.108 H20PT1 H9736 CONGRESSIONAL RECORD — HOUSE October 20, 2003 escape from a religious state, the Supreme Court decision declared an in- en in certain directions that many peo- Church of England, so they did not vocation and benediction at a gradua- ple would believe is not what the fram- want a government-sponsored religion tion ceremony constitutional, so a ers of the Constitution intended. That, which took over the country. preacher, a rabbi, a Muslim cleric, can- Mr. Speaker, is why the activities in But I think that in the interpreta- not at a graduation exercise lead any the other body regarding the makeup tions that we have seen in the courts, type of prayer. That was decided in of the courts and the court appointees we have ranged far afield from what 1992. is becoming such an important issue, the Constitution actually intended. The court also has held more re- because, within the next 1 or 2 or 3 The framers of the Constitution were cently a minute of silence in school is years, the shape of the Supreme Court assumed to be hostile to expressions of unconstitutional, so at the beginning certainly will be determined, and, with faith in the recent interpretations of of the classroom day it is not constitu- it, the direction that our Nation pro- the court that we have seen. tional for a minute of silence to be held ceeds over the next 15, 20, 30 years I Benjamin Franklin, who was one of in which a child may choose to pray in think will largely be decided. the framers of the Constitution, said his own way. He may look out the win- The willingness of Congress to focus this: ‘‘We have been assured, sir,’’ and dow, he may think about his history upon the pernicious influences impact- this is his quote, ‘‘In the sacred lesson, but it is just a minute of si- ing our children, the willingness of the writings, that except the Lord build a lence. There is no formal, organized American people to demand that those house, they labor in vain that build it. prayer, no one is proselytizing, and yet profiteering at the expense of our cul- I firmly believe this. I also believe that that has become unconstitutional. ture and our young people be reined in, without his concurring aid, we shall Then this, one of the strangest rul- will largely shape the future of our Na- succeed in the political building no ings that I heard of, was the court tion. better than the builders of Babel. We ruled that a student-led prayer at a b 2320 shall be divided by our little partial football game was unconstitutional. local interests. Our projects will be This is not inside the school building, Terrorism is an ever-present threat. confounded, and we ourselves shall be- it is not a school administrator, it is The economy is of concern. However, come a reproach and a byword down fu- not a teacher; this was a prayer that terrorism and economic distress will ture ages. I therefore beg leave to move was chosen to be selected by the stu- not prevail as long as our national that, henceforth, prayers imploring the dents, and a student was going to lead character is sound. I would like to say assistance of heaven and its blessings the prayer. Yet this was unconstitu- that one more time. There is certainly on our deliberation be held in this as- tional because the football players no intent on my part to minimize the sembly every morning before we pro- might have to listen to it and might be critical nature of terrorism, the crisis ceed to business.’’ offended, I guess. in the , the situation in What he was talking about was in Of course, most recently, the Ninth Iraq, the difficulties with the economy, this body, on this floor, he was saying Circuit Court of Appeals struck down health care, Medicare, all of those we should have a prayer at the start of the term ‘‘under God’’ from the Pledge types of things. Those are critical business every day. This is one of the of Allegiance, and that will now be issues and they occupy almost 100 per- framers of the Constitution. So at this heard by the Supreme Court, probably cent of this body’s attention. But the within the next few months, and it ap- point, both the House and the Senate reason I am here tonight is to try to pears that those are there is a very begin their business daily with a pray- point out the fact that we will handle strong probability that this may be a er, and yet we have moved so far as a all of those problems. None of those four-to-four deadlock, which means Nation away from what Franklin origi- problems will overcome the United that the Ninth Circuit Court will be nally intended. States if our character is sound, if our George Washington said this: ‘‘The upheld and that will become the law of young people are nurtured in the right the land, at least for that part of the propitious smiles of heaven can never direction. country. be expected on a nation that disregards And, therefore, something that I Certainly I am not advocating here think is very pernicious is slipping the eternal rules of order and right that teachers or administrators be al- under the radar screen and something which heaven itself has ordained.’’ lowed to proselytize in the schools. I do In assessing the writings of some of that this Congress, this body, and the not think that would be appropriate. I the Founding Fathers, David Barton, American people need to address on a do not think that is intended. But it an historian, said this: ‘‘Franklin had consistent manner. So this struggle does seem that we have come a long, warned that forgetting God and imag- may present the most critical crisis long ways from where the framers of facing the United States today. ining that we no longer needed his con- the Constitution originally intended us As Congress addresses important curring aid would result in internal to go. disputes, the decay of the Nation’s The Constitution is increasingly issues such as national defense, econ- prestige and reputation and a dimin- being interpreted as a ‘‘living docu- omy, health care, and so on, it is crit- ished national success. Washington had ment.’’ That sounds really good, does it ical that we not lose sight of the fact warned that if religious principles were not, because it is kind of progressive. It that our Nation’s survival is directly excluded, the Nation’s morality and po- sounds like we are forward-thinking linked to the character of our people. litical prosperity would suffer. Yet de- and the Constitution is not a dead I would conclude by saying this our spite such clear words in cases begin- piece of legislation, but it is currently future rests with our young people and ning in 1962, the Supreme Court offered alive and it is being changed and it is with the soundness of their character, rulings which eventually divorced the moving ahead. their willingness to sacrifice, and their Nation, its schools and its public af- Yet the important thing to realize is spiritual grounding. And I hope that we fairs from more than three centuries of that the Constitution is often not in- will give adequate attention to these its heritage. America is now learning terpreted as it was written, but rather issues some of which can be handled exponentially what both Washington as justices believe that it should be. through legislation, some through ex- and Franklin knew to be true. We are Look at the legal decisions increas- penditures of money, for instance, in suffering in the very areas they pre- ingly coming down, based not upon the trying to prevent underage drink- dicted.’’ what the law states, but based upon the ing, some in our attention to who goes I think it is important that the personal ideology of the jurists. on to the courts and who does not, but Founding Fathers really did not intend The Constitution is not based upon above all this really rests with the for the pendulum to swing as far as it absolute principles, but rather the American people and with their will- has. I think that they obviously ac- shifting sands of relativism. This philo- ingness to persevere. knowledged the importance of issues of sophical bent of the Supreme Court And I would like to echo what de faith, and this was the foundation upon justices and District Court justices de- Tocqueville said, ‘‘America is great be- which the Nation was built. termines the course of the Nation. cause America is good.’’ And I think we There are some other decisions that I Over the last 20 or 30 years we have need to maintain our vigilance that think are worth looking at. In 1992 a seen the Nation slowly but surely driv- America continues to be good.

VerDate jul 14 2003 03:31 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.110 H20PT1 October 20, 2003 CONGRESSIONAL RECORD — HOUSE H9737 LEAVE OF ABSENCE Mrs. BLACKBURN, for 5 minutes, testing capacity of Federal, State, and local today. crime laboratories, to increase research and By unanimous consent, leave of ab- development of new DNA testing tech- sence was granted to: Mr. SOUDER, for 5 minutes, today and October 21. nologies, to develop new training programs Mr. BECERRA (at the request of Ms. regarding the collection and use of DNA evi- PELOSI) for today on account of per- Mr. MURPHY, for 5 minutes, today. dence, to provide post-conviction testing of sonal reasons. Mr. BURTON of Indiana, for 5 minutes, DNA evidence to exonerate the innocent, to Mr. CASE (at the request of Ms. today and October 21. improve the performance of counsel in State PELOSI) for today and October 21 on ac- Mr. DUNCAN, for 5 minutes, today. capital cases, and for other purposes, with an count of official business in the dis- Mr. JONES of North Carolina, for 5 amendment (Rept. 108–321, Pt. 1). Ordered to be printed. trict. minutes, October 21. [Submitted October 20, 2003] Ms. HARMAN (at the request of Ms. Mr. CUNNINGHAM, for 5 minutes, PELOSI) for today on account of illness. today. Mr. LINDER: Committee on Rules. House Resolution 407. Resolution providing for con- Mr. MARSHALL (at the request of Ms. f sideration of the joint resolution (H.J. Res. PELOSI) for today and the balance of ADJOURNMENT 73) making further continuing appropria- the week on account of medical rea- tions for the fiscal year 2004, and for other sons. Mr. OSBORNE. Mr. Speaker, I move purposes (Rept. 108–323). Referred to the Mr. REYES (at the request of Ms. that the House do now adjourn. House Calendar. PELOSI) for today on account of per- The motion was agreed to; accord- Mr. BOEHLERT: Committee on Science. sonal reasons. ingly (at 11 o’clock and 22 minutes H.R. 1081. A bill to establish marine and freshwater research, development, and dem- Ms. SLAUGHTER (at the request of Ms. p.m.), under its previous order, the onstration programs to support efforts to PELOSI) for today and October 21 on ac- House adjourned until tomorrow, Tues- prevent, control, and eradicate invasive spe- count of illness. day, October 21, 2003, at 9 a.m., for morning hour debates. cies, as well as to educate citizens and stake- Mr. COBLE (at the request of Mr. holders and restore ecosystems, with an DELAY) for today on account of med- EXECUTIVE COMMUNICATIONS, amendment (Rept. 108–324 Pt. 1). Ordered to ical reasons. ETC. be printed. Mr. LUCAS of (at the re- Under clause 8 of rule XII, executive f quest of Mr. DELAY) for today on ac- TIME LIMITATION OF REFERRED count of attending to official business communications were taken from the BILL in his district. Speaker’s table and referred as follows: Mr. MANZULLO (at the request of Mr. 4807. A letter from the Acting General Pursuant to clause 2 of rule XII the Counsel/FEMA, Department of Homeland Se- DELAY) for today on account of med- following action was taken by the curity, transmitting the Department’s final Speaker: ical reasons. rule — Final Flood Elevation Determina- Mr. PUTNAM (at the request of Mr. tions — received October 14, 2003, pursuant to H.R. 1081. Referral to the Committees on DELAY) for today on account of the 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- Transportation and Infrastructure, Re- birth of his child, Emma Katharine nancial Services. sources, and House Administration extended Putnam. 4808. A letter from the Acting General for a period ending not later than October 31, 2003. Mr. RAMSTAD (at the request of Mr. Counsel/FEMA, Department of Homeland Se- DELAY) for today and October 21 on ac- curity, transmitting the Department’s final f count of a death in the family. rule — Changes in Flood Elevation Deter- PUBLIC BILLS AND RESOLUTIONS minations [Docket No. FEMA-P-7626] re- f ceived October 14, 2003, pursuant to 5 U.S.C. Under clause 2 of rule XII, public 801(a)(1)(A); to the Committee on Financial bills and resolutions were introduced SPECIAL ORDERS GRANTED Services. and severally referred, as follows: 4809. A letter from the Acting General By unanimous consent, permission to By Mr. RUSH (for himself, Mr. EMAN- Counsel/FEMA, Department of Homeland Se- address the House, following the legis- UEL, Mr. LIPINSKI, Mr. COSTELLO, Ms. curity, transmitting the Department’s final lative program and any special orders SCHAKOWSKY, Mr. JOHNSON of Illinois, rule — Final Flood Elevation Determina- Mr. DAVIS of Illinois, Mr. EVANS, Mr. heretofore entered, was granted to: tions — received October 14, 2003, pursuant to JACKSON of Illinois, and Mr. (The following Members (at the re- 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- SHIMKUS): quest of Mr. PALLONE) to revise and ex- nancial Services. H.R. 3340. A bill to redesignate the facili- tend their remarks and include extra- 4810. A letter from the Acting General ties of the United States Postal Service lo- Counsel/FEMA, Department of Homeland Se- neous material:) cated at 7715 and 7748 S. Cottage Grove Ave- curity, transmitting the Department’s final Mr. LIPINSKI, for 5 minutes, today. nue in , Illinois, as the ‘‘James E. rule — Changes in Flood Elevation Deter- Mr. EMANUEL, for 5 minutes, today. Worsham Post Office’’ and the ‘‘James E. minations — received October 14, 2003, pursu- Mr. BROWN of Ohio, for 5 minutes, Worsham Carrier Annex Building’’, respec- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tively, and for other purposes; to the Com- today. on Financial Services. mittee on Government Reform. Ms. NORTON, for 5 minutes, today. 4811. A letter from the Assistant General By Mr. ALLEN (for himself, Mr. Mr. GREEN of Texas, for 5 minutes, Cousel for Regulations, Office of the Sec- STRICKLAND, Mr. MICHAUD, Mr. today. retary, Department of Housing and Urban MOORE, Mr. CASE, Mrs. JONES of Ohio, E AZIO Development, transmitting the Depart- Mr. D F , for 5 minutes, today. Mr. FILNER, Mr. FROST, Mr. ment’s final rule — Participation in HUD Ms. KAPTUR, for 5 minutes, today. ETHERIDGE, and Mr. HOEFFEL): Programs by Faith-Based Organizations; Mr. MCDERMOTT, for 5 minutes, H.R. 3341. A bill to amend the Elementary Providing for Equal Treatment of all HUD today. and Secondary Education Act of 1965 to re- Program Participants [Docket No. FR-4782- quire the Comptroller General of the United Ms. JACKSON-LEE of Texas, for 5 min- F-02] (RIN: 2501-AC89) received October 14, States annually to report on whether utes, today. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the amounts appropriated to carry out the grant (The following Members (at the re- Committee on Financial Services. programs authorized under such Act are ade- quest of Mrs. BLACKBURN) to revise and f quate to permit grant recipients to meet the extend their remarks and include ex- conditions imposed by receipt of the grant; traneous material:) REPORTS OF COMMITTEES to the Committee on Education and the Ms. GINNY BROWN-WAITE of Florida, Under clause 2 of rule XIII, reports of Workforce. for 5 minutes, today. committees were delivered to the Clerk By Mr. BERRY (for himself, Mr. Mr. MORAN of Kansas, for 5 minutes, for printing and reference to the proper BOOZMAN, Mr. COLE, Mr. TANNER, Mr. today. calendar, as follows: CARSON of Oklahoma, Mr. GORDON, Mr. SULLIVAN, Mr. ADERHOLT, Mr. Mr. NEUGEBAUER, for 5 minutes, [Omitted from the Record of Oct. 16, 2003] today. DAVIS of Tennessee, and Mr. Mr. SENSENBRENNER: Committee on the CRAMER): Mr. BEAUPREZ, for 5 minutes, today. Judiciary. H.R. 3214. A bill to eliminate the H.R. 3342. A bill to amend the National Mr. GUTKNECHT for 5 minutes, today substantial backlog of DNA samples col- Trails System Act to update the feasibility and October 21. lected from crime scenes and convicted of- and suitability study originally prepared for Mr. BURGESS, for 5 minutes, today. fenders, to improve and expand the DNA the Trail of Tears National Historic Trail

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and provide for the inclusion of new trail cational rehabilitation benefits and services H.R. 2455: Mr. MCNULTY and Mr. BRADY of segments for such trail, and for other pur- under laws administered by the Secretary of Pennsylvania. poses; to the Committee on Resources. Veterans Affairs for certain children with H.R. 2512: Mr. WALSH. By Mr. COLLINS: spina bifida as are currently available to vet- H.R. 2626: Mr. BALLANCE. H.R. 3343. A bill to amend the Internal Rev- erans with service-connected disabilities; to H.R. 2630: Mr. TURNER of Texas. enue Code of 1986 to reduce the highest rate the Committee on Veterans’ Affairs. H.R. 2723: Mr. YOUNG of Alaska, Mr. of income tax for corporations; to the Com- By Mr. YOUNG of Florida: HASTINGS of Washington, Mr. WALDEN of Or- mittee on Ways and Means. H.J. Res. 73. A joint resolution making fur- egon, and Mr. OTTER. By Mrs. DAVIS of California (for her- ther continuing appropriations for the fiscal H.R. 2764: Mr. LARSEN of Washington. self, Ms. CORRINE BROWN of Florida, year 2004, and for other purposes; to the H.R. 2871: Mr. GIBBONS and Mr. BISHOP of Mr. RODRIGUEZ, Mr. REYES, Mr. PAUL, Committee on Appropriations. Georgia. Mr. EVANS, Mr. FILNER, and Mr. By Mr. WELDON of Pennsylvania (for H.R. 2932: Mr. ABERCROMBIE and Mrs. MICHAUD): himself, Ms. HARMAN, Mr. KIRK, and NAPOLITANO. H.R. 3344. A bill to amend title 38, United Mr. BERMAN): H.R. 2963: Mr. HAYWORTH. States Code, to allow the payment of vet- H. Con. Res. 307. Concurrent resolution ex- H.R. 3049: Mr. MATHESON and Mr. BACA. erans’ benefits in all hospitalization and con- pressing the deep concern of Congress re- H.R. 3051: Mr. DINGELL and Ms. KAPTUR. valescent claims to begin effective on the garding the failure of the Islamic Republic of H.R. 3063: Mrs. NAPOLITANO and Mr. FORD. day on which hospitalization or treatment Iran to adhere to its obligations under a H.R. 3109: Ms. PRYCE of Ohio and Mr. RAN- begins; to the Committee on Veterans’ Af- safeguards agreement with the International GEL. fairs. Atomic Energy Agency and the engagement H.R. 3157: Mr. NUNES, Mr. PETERSON of By Mr. FLAKE: by Iran in activities that appear to be de- Minnesota, Mr. RADANOVICH, Mr. JANKLOW, H.R. 3345. A bill to enhance the public safe- signed to develop nuclear weapons; to the Mr. BISHOP of Georgia, and Mr. TERRY. ty by rendering aliens ineligible to receive Committee on . visas and ineligible for admission to the H.R. 3184: Mr. PRICE of North Carolina. United States if their entry poses a danger f H.R. 3190: Mr. HOSTETTLER. H.R. 3201: Mr. BOUCHER. to national security, and for other purposes; ADDITIONAL SPONSORS to the Committee on the Judiciary. H.R. 3220: Mr. REGULA. By Mr. HERGER: Under clause 7 of rule XII, sponsors H.R. 3235: Mr. DEAL of Georgia and Mr. H.R. 3346. A bill to amend the Internal Rev- were added to public bills and resolu- SHAYS. enue Code of 1986 to modify the application tions as follows: H.R. 3243: Mr. LANGEVIN. of the passive loss limitations to timber ac- H.R. 3246: Mr. KELLEY and Mr. THOMPSON of H.R. 54: Mr. DOOLITTLE, Mr. SANDLIN, Mr. tivities; to the Committee on Ways and California. WILSON of South Carolina, Mrs. WILSON of Means. H.R. 3247: Mr. CANNON. New Mexico and Mr. SOUDER. By Ms. ROS-LEHTINEN: H.R. 3257: Mr. NEY. H.R. 333: Mr. GRIJALVA and Mr. HINOJOSA. H.R. 3347. A bill to amend the Iran and H.R. 3284: Mr. GEPHARDT. H.R. 339: Mr. FORD. Libya Sanctions Act of 1996 to prevent the H.R. 3308: Mr. WU, Mr. EMANUEL, and Mr. direct and indirect financing of the develop- H.R. 486: Mr. PENCE. H.R. 713: Mr. FRELINGHUYSEN and Mr. SES- CARTER. ment of weapons of mass destruction pro- H.R. 3313: Mr. NORWOOD, Mr. BARRETT of grams by Iran and Libya, and for other pur- SIONS. H.R. 775: Mr. BOUCHER. South Carolina, Mr. NEUGEBAUER, AND MR. poses; to the Committee on International SAM JOHNSON of Texas. Relations, and in addition to the Committees H.R. 857: Mr. SHAW, Mr. BOUCHER, Mr. THOMPSON of Mississippi, and Mr. PENCE. H. Con. Res. 165 Mrs. CAPPS. on Financial Services, Ways and Means, and H. Con. Res. 194: Mr. KENNEDY of Rhode Is- Government Reform, for a period to be sub- H.R. 876: Mr. BISHOP of Utah. H.R. 946: Mr. CULBERSON. land, Mr. FILNER, Mr. CAPUANO, Mrs. LOWEY, sequently determined by the Speaker, in Mr. GONZALEZ, Ms. MCCARTHY of Missouri, each case for consideration of such provi- H.R. 993: Mr. SMITH of Michigan. H.R. 1052: Mr. PRICE of North Carolina. Mr. TANNER, Mr. WALSH, Ms. NORTON, Mr. sions as fall within the jurisdiction of the THOMPSON of Mississippi, Mr. FATTAH, Mr. committee concerned. H.R. 1110: Mr. SESSIONS, Mr. BACHUS, Mr. FLETCHER, and Ms. LEE. MEEK of Florida, Ms. EDDIE BERNICE JOHNSON By Mr. SENSENBRENNER: of Texas, and Mr. TIERNEY. H.R. 3348. A bill to reauthorize the ban on H.R. 1117: Mr. NORWOOD. H. Con. Res. 247: Mr. MATHESON. undetectable firearms; to the Committee on H.R. 1231: Mr. EHLERS, and Mr. GARY G. H. Con. Res. 254: Mr. ROTHMAN. the Judiciary. MILLER of California. H. Con. Res. 280: Mr. CHOCOLA and Ms. By Mr. SENSENBRENNER: H.R. 1336: Mr. CARDOZA and Mr. CRANE. H.R. 3349. A bill to authorize salary adjust- H.R. 1552: Ms. BORDALLO. BORDALLO. ments for Justices and judges of the United H.R. 1657: Mr. EMANUEL, Mr. BISHOP of H. Con. Res. 285: Mr. SULLIVAN, Mr. States for fiscal year 2004; to the Committee Georgia, Mr. SERRANO, and Ms. NORTON. ISAKSON, Mr. SOUDER, Mr. PLATTS, Mr. BURR, on the Judiciary. H.R. 1717: Mr. CONYERS. and Mr. JONES of North Carolina. By Mr. UPTON (for himself, Ms. ESHOO, H.R. 1738: Mr. LARSEN of Washington and H. Res. 38: Mr. CUMMINGS. Mr. RAMSTAD, Mr. BACHUS, Mr. Mr. PASCRELL. H. Res. 42: Mr. POMEROY and Mr. UDALL of BROWN of Ohio, Mr. TOWNS, and Mr. H.R. 1819: Mr. JOHNSON of Illinois and Mr. Colorado. JACKSON of Illinois): CRANE. H. Res. 261: Mr. OBERSTAR and Mr. H.R. 3350. A bill to reduce preterm labor H.R. 1886: Mr. SKELTON and Mr. BISHOP of SERRANO. and delivery and the risk of pregnancy-re- Georgia. H. Res. 313: Mr. FROST, Mr. KILDEE, Ms. lated deaths and complications due to preg- H.R. 2092: Mr. BALLANCE. LOFGREN, and Mr. MCDERMOTT. nancy, and to reduce infant mortality caused H.R. 2176: Mr. PETERSON of Minnesota, Mr. H. Res. 378: Mr. BOSWELL and Mr. UPTON. by prematurity; to the Committee on Energy BERRY, and Mr. TIBERI. H. Res. 400: Mr. PAUL, Mr. BURGESS, Mr. and Commerce. H.R. 2256: Mr. FARR. HINOJOSA, Mr. VITTER, Mr. JONES of North By Mr. WALSH: H.R. 2303: Mr. SULLIVAN. Carolina, Mr. WAXMAN, Mr. SHAYS, Mr. H.R. 3351. A bill to amend title 38, Unites H.R. 2371: Mrs. MALONEY and Mr. SANDERS. UPTON, Mr. LANTOS, and Mr. COSTELLO. States Code, to provide the same type of vo- H.R. 2402: Mr. CUMMINGS. H. Res. 404: Ms. CARSON of Indiana.

VerDate jul 14 2003 04:27 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\L20OC7.100 H20PT1 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, OCTOBER 20, 2003 No. 147 Senate The Senate met at 1:30 p.m. and was of many Members on this side of the area exclusion; Campbell-Inouye, tribal called to order by the President pro aisle, to begin consideration of the lands and hazardous fuels; Collins- tempore (Mr. STEVENS). Healthy Forests issue during today’s Snowe, suburban sprawl; Kyl, wildfire session. Unfortunately, there is an ob- research institutes; Kyl, wildland- PRAYER jection on the Democratic side of the urban interface; Leahy-Boxer judicial The Chaplain, Dr. Barry C. Black, of- aisle. review; Smith, land grant universities; fered the following prayer: Given that objection, it had been the and , animals. Let us pray. intent of the leader to begin consider- I further ask unanimous consent that O God, who is, and was, and is to ation of the class action fairness legis- following the disposition of these come, before whose face the genera- lation. Again, there was an objection amendments, the bill be read a third tions rise and fall, give us that reveren- to proceeding to that measure on Fri- time, and the Senate proceed to a vote tial awe which forms the root of wis- day; and, therefore, a motion to pro- on passage, with no intervening action dom. Let integrity and uprightness ceed was made by the majority leader. or debate. The PRESIDENT pro tempore. Is preserve us, for we wait on You. Lord, Today, at 2 p.m., the Senate will re- sume debate on the motion to proceed there objection? give us courage to listen to You and to Mr. REID. Reserving the right to ob- receive strength from Your presence. to the class action bill. Members are expected to come to the floor through- ject, Mr. President, this is bringing a Stand by our Senators today, sus- bill up that has some problems in that taining them in their going out and out the day to speak on this motion. If we are unable to proceed on the bill this matter has not gone before the En- coming in. You have not failed them in ergy and Natural Resources Com- today, it may be necessary to file a clo- the past, so we trust You with the fu- mittee, at least as far as Senator ture. May their love for You ripen as ture motion on that pending motion to BINGAMAN is concerned. I have spoken proceed. they lean upon Your strength. to him on a couple of occasions, and he Under a previous order, at 5:15 today, Protect our military men and women has not been given any degree of con- the Senate will vote on the confirma- from dangers seen and unseen. Remind sideration as to what this final piece of tion of Margaret Catharine Rodgers to us that You are the sole source of legislation is that is now coming before be a U.S. district judge for the North- peace and righteousness. the Senate. We pray this in Your strong name. ern District of Florida. This will be the Additionally, a bill such as this Amen. first vote of today’s session. should be brought to the Senate floor f f and debated like all bills are debated. I PLEDGE OF ALLEGIANCE UNANIMOUS CONSENT REQUEST— do not have a position on this piece of H.R. 1904 legislation at this time. Personally, I The PRESIDENT pro tempore led the have not read it. I do not know if it is Mr. COCHRAN. Mr. President, on be- Pledge of Allegiance, as follows: good or bad. But, for the reasons I have half of the leader, I ask unanimous I pledge allegiance to the Flag of the announced, in addition to the fact that consent that at a time to be deter- United States of America, and to the Repub- a number of Senators on this side have mined by the majority leader, in con- lic for which it stands, one nation under God, some problems, I object. indivisible, with liberty and justice for all. sultation with the minority leader, the The PRESIDENT pro tempore. Objec- f Senate proceed to the consideration of tion is heard. H.R. 1904, the Healthy Forests bill, The acting leader is recognized. RECOGNITION OF THE ACTING under the following limitations: that f MAJORITY LEADER the following first-degree amendments The PRESIDENT pro tempore. The be the only amendments in order, and HEALTHY FORESTS RESTORATION acting majority leader is recognized. that any listed first-degree amend- ACT f ments be subject to second-degree Mr. COCHRAN. Mr. President, on amendments which must be relevant to July 24, the Committee on Agriculture, SCHEDULE the first degree to which offered: man- Nutrition, and Forestry reported to the Mr. COCHRAN. Mr. President, at the agers’ amendment; Leahy-Boxer, Senate H.R. 1904, the Healthy Forests request of the majority leader, I have buyback provisions; Bingaman-Leahy- Restoration Act. been asked to announce that this after- Boxer, appeals process; Bingaman- This bill reflects a comprehensive ef- noon there will be a period of morning Leahy-Boxer, wildland-urban interface; fort to improve forest health on both business until 2 p.m. It had been the Bingaman-Leahy-Boxer, NEPA; Boxer- public and private lands. The bill pro- majority leader’s hope, and the desire Leahy-Cantwell-Murray, additional vides Federal land managers the tools

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

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VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.000 S20PT1 S12860 CONGRESSIONAL RECORD — SENATE October 20, 2003 to implement scientifically supported This legislation provides new legal people are concerned. These bills being management practices on Federal for- authority to help us manage the Na- brought to the Senate would focus ests, in consultation with local com- tion’s forests in a safe and effective more direct attention on that. munities, while establishing new con- manner. The bill will help us do a bet- The PRESIDENT pro tempore. The servation programs to improve water ter job of safeguarding these priceless acting majority leader. quality and regenerate declining forest national resources. I urge the Senate Mr. COCHRAN. Mr. President, I ask ecosystem types on private lands. to support this bill. unanimous consent that the time for The legislation will reduce the f morning business be extended to 2:15 amount of time and expense required p.m. RECOGNITION OF ACTING to conduct hazardous fuels projects. The PRESIDENT pro tempore. Is MINORITY LEADER But it also will require rigorous envi- there objection? ronmental analysis of such projects. The PRESIDENT pro tempore. The Mr. REID. Reserving the right to ob- Over the past few years, we have seen Senator from Nevada. ject, I say to my friend, is there any many communities destroyed and Mr. REID. Mr. President, has morn- way we could get a little more time on many firefighters’ lives lost due to for- ing business time started? that? est fires that could have been pre- The PRESIDENT pro tempore. We Mr. COCHRAN. I am advised there vented. Instead of managing our na- have not instituted that as yet. I in- are Senators who have been told they tional forest treasures, the U.S. Forest tend to do that now as soon as the Sen- could come over and talk on the mo- Service has been forced to spend great ator has spoken. tion to proceed to consider the class amounts of time and resources battling f action at 2:15. lawsuits. The result has been months Mr. REID. That will be fine. I ask and even years of delays in fuel reduc- FINISHING APPROPRIATIONS BILLS that the time between now and 2:15 be tion projects. Our forests have contin- equally divided, even though my friend ued to suffer, and they have continued Mr. REID. If I may be heard briefly, gave a very fine speech and took a long to burn. the Presiding Officer is chairman of time. But we won’t count that against I have also introduced, with 13 co- the Appropriations Committee. I know morning business. sponsors, an amendment to title I of the chairman of the Appropriations the bill which contains several modi- Committee and Senator BYRD have f fications to the House bill the com- worked very hard to get appropriations RESERVATION OF LEADER TIME mittee reported. This amendment em- bills through this soon. bodies recommendations made by a bi- I want to respond to my friend from The PRESIDENT pro tempore. Under partisan group of Senators who are Mississippi to indicate we may not like the previous order, the leadership time committed to getting this legislation what is proceeding—that is, the is reserved. passed and signed by the President. Healthy Forests initiative and the way f The amendment establishes a it has been brought to the floor, and MORNING BUSINESS predecisional administrative review class-action legislation. They are im- process. It allows an additional anal- portant pieces of legislation; we under- The PRESIDENT pro tempore. Under ysis under the National Environmental stand that. But the most important the previous order, according to this Policy Act. It directs the Secretary of business to be conducted in this body is unanimous consent request, there will Agriculture to give priority to commu- to finish our appropriations bills. We be a period for the transaction of morn- nities and watersheds in hazardous fuel simply are not doing that. ing business until the hour of 2:15, with reduction projects. It contains new lan- I am extremely concerned the House the time equally divided between the guage protecting old growth stands. is out of session this week. They will two leaders or their designees. And it encourages the courts to expe- be in one week. They have conferences Mr. COCHRAN. Mr. President, I yield dite the judicial review process. that cannot be completed because they the Senator from Idaho such time as he The reported legislation contains a are not here. They are AWOL. In addi- may consume. biomass title authorizing grant pro- tion to the conference reports—and The PRESIDENT pro tempore. The grams to encourage utilization of cer- there are a significant number of those: Senator from Idaho. tain forest waste materials. Another title in the bill provides financial and military construction, Energy and f water, Interior, and Labor-HHS—there technical assistance to private forest FOREST HEALTH landowners to encourage better man- are six other bills people on the major- Mr. CRAPO. Mr. President, I rise to agement techniques to protect water ity side are talking about lumping into quality. one big omnibus bill. That really speak for a moment on the Healthy The pest and remote sensing titles doesn’t work well. Those bills are so Forests bill which, as we just heard would authorize funding for the U.S. large and unwieldy, it is difficult to get from previous discussion, will not be Forest Service, land grant institutions, the detail to find out what is in them. brought up. I understand the points and 1890 institutions to plan, conduct, They become a mishmash of legisla- made by the Senator from Nevada with and promote the gathering of informa- tion. regard to the importance of the appro- tion about insects that have caused se- I hope Members understand the best priations bills. None of us deny the fact vere damage to forest ecosystems. thing we can do is work to get these that we have important work to do Title V, the Healthy Forest Reserve appropriations bills passed. There is no with regard to our budget and the ap- Program, is a private forestland con- reason we cannot pass them. The bills propriations process. However, there servation initiative that would support that have come before the Senate have are other critical pieces of legislation the restoration of declining forest eco- passed in a reasonably short period of this Senate must consider. Among the system types that are critical to the time. most critical of those is the Healthy recovery of threatened, endangered, I hope in addition to the other things Forests bill. I serve as chairman of the and other sensitive species. the majority leader wants to do, he subcommittee of the Agriculture Com- Two additional titles were added to will focus on these appropriations bills. mittee which handles forestry issues. It the House-passed bill by our com- They are important. It is not good to was that committee to which this leg- mittee. One would establish a public have large, unwieldy omnibus bills, and islation was referred when it came to land corps to provide opportunities to it appears it is being done for reasons I the Senate. Our distinguished chair- young people for employment and at don’t fully understand. Part of it is man of the Agriculture Committee, the same time provide a cost-effective simply that the numbers are not there Senator COCHRAN, has worked closely and efficient means to implement reha- and there is some effort being made, es- with me as we have crafted bipartisan bilitation and enhancement projects in pecially in light of the $87 billion and legislation to bring before the Senate. local communities. The other new title the attention focused on that, the $21 We have also worked closely with the will promote investment in forest-re- billion spent on Iraq and very little Energy Committee, Senator DOMENICI, source-dependent communities. being spent in America—the American and Senator CRAIG, my colleague from

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.003 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12861 Idaho, who happens by coincidence to management plans by experts on the reason why the completed text—those chair the forestry subcommittee of the forests has a meaningful chance to pro- portions that have been completed by Energy Committee, and other Senators ceed so we aren’t tied up in litigation the Republican conferees—should not on the Republican side of the aisle as paralysis, and it gives us an oppor- be distributed to the rest of the con- we worked to craft a meaningful piece tunity to move forward and develop a ferees immediately. of legislation. plan that will help us achieve our ob- There are numerous new sections on We also reached out and worked jective, which is healthy forests. topics that have not been yet dealt closely in a bipartisan fashion with I commend all Senators who have with, as we understand it. We need to Senators from the Democratic side of been working together on this issue, see those. Some of those may be provi- the aisle because we knew this impor- Republicans and Democrats. I particu- sions that were neither in the House tant legislation should not be stalled larly thank my colleague from Idaho, nor the Senate bill. Others may entail as a result of partisan politics. The re- Senator CRAIG, and our colleague from spending of which we previously have sult of those efforts, the initial effort New Mexico, Senator DOMENICI, as they not been informed. in committee and subcommittee, was have worked so closely with us at the I have spoken to the chairman of the bipartisan legislation which Demo- Energy Committee level; and espe- conference in the last few minutes. He cratic Senator BLANCHE LAMBERT LIN- cially my chairman, Senator COCHRAN, has informed me that he and our ma- COLN from and I cosponsored who also worked closely with us; Sen- jority leader are insisting that this to bring before the full Committee on ator LINCOLN, who has worked with us conference not be concluded until we Agriculture. The Agriculture Com- from the start, Senators WYDEN, FEIN- are given the full text of this bill and mittee then made several amendments STEIN, BAUCUS, and others; Senator until we have at least 24 hours to re- to the legislation, working in a bipar- KYL, Senator MCCAIN. Many Senators view the text and have a final meeting tisan fashion with other Senators on have come together to work with us. at which we can raise objections and the committee, and brought that legis- I am hopeful this critical, bipartisan, offer amendments. I appreciate that lation out to the floor. At that time balanced legislation will not fall prey courtesy. there were still concerns being raised to the loss of time we face on the Sen- This is far short of what I think and, therefore, our leader, Senator ate floor at these late days in the ses- would be required in an appropriate COCHRAN, brought together a group of sion as we are moving forward. I urge conference, but it is certainly some ef- Republican and Democratic Senators Senators to come forward and help us fort to accommodate, which I very with concerns about our forests and the find a path by which we can bring this much appreciate. conditions they face, and for several legislation before the Senate and I do believe the sections that have months we negotiated—again, on a bi- achieve its early consideration. not yet been released—that being the partisan basis—to address the needs of Mr. REID. I yield 5 minutes to the sections on electricity and ethanol— our forests and the concerns raised by Senator from New Mexico. need to be released at the earliest pos- those who wanted to be sure we had a Mr. BINGAMAN. Mr. President, over sible moment, and hopefully today. bipartisan, balanced bill. 6 weeks ago, the Senate appointed 13 These are very important sections. We achieved that support. We came conferees to the conference with the They are going to affect Americans in forward in a group of bipartisan Sen- House on the Energy bill. Six of those their pocketbook in very real ways. It ators, Republicans and Democrats, conferees are Democrats. They were is very important we get the provisions with legislation that expanded the appointed to represent the 49 Demo- out so we can understand them, debate number of Democrats who would join crats who serve in this body. them, and consider them before we are with us on the legislation, including The day after our appointment, there called upon to finally pass on this con- our minority leader and other leaders was one meeting of the conference to ference. in the west from areas where serious allow for opening statements. Since The right thing to do is to make the forest fire problems are facing us. then, there has been no opportunity for documents—that is, the text of this Now after that long period and work- Democratic conferees to actually act proposed Energy legislation—public as ing in a bipartisan fashion, as we are as conferees. Some of the proposed text soon as possible. There is no doubt in prepared to bring the legislation for- for the conference report, which was anybody’s mind that this is what the ward, we are told it cannot be brought written without our involvement, has Democratic conferees continue to ask forward because there is objection to been circulated to us for comment by for. I hope this is the course of action the unanimous consent request. We our staff. that will be taken by the leadership of don’t want to have a filibuster fight. On the most important issues before the House and Senate at the earliest We don’t want to have a cloture vote. the conference—that being electricity possible moment. We have been working to build a bal- and ethanol—we have not yet seen a With that, I yield the floor. anced approach which can achieve sup- draft text. Our concern about the way The PRESIDENT pro tempore. The port in the Senate. the conference has been conducted is Senator from Mississippi is recognized. It is my concern that what we see not new information to this body. I Mr. COCHRAN. Mr. President, I yield now is further delay, coming at a late have conveyed those concerns directly 5 minutes to the distinguished Senator time in the session, when we will jeop- to the chairman of the conference. I from Idaho, Mr. CRAIG. ardize the ability of the Senate to meet have been joined publicly in expressing Mr. DOMENICI. Will the Senator its time considerations to address crit- those concerns by other Democratic yield? ical issues. conferees, both in the Senate and Mr. CRAIG. Yes. Our forests need support and help House. Mr. DOMENICI. Senator BINGAMAN now. All anyone has to do with regard The blackout on information about spoke to an issue to which I would like to the threat of fire danger is look the conference became even more com- to respond. back at the last 3 or 4 or 5 months to plete during this past weekend. We un- Mr. CRAIG. Mr. President, I ask see the kind of threat our forests face. derstand there are agreements on most unanimous consent that the Senator In addition, we expanded the legisla- of the issues involved with the Energy from New Mexico be granted 2 minutes, tion to deal not simply with fire bill. In fact, the settled energy provi- not to be taken from my time. I think threats but also threats from insect in- sions probably represent well over 500 it is critical that he speak to the issue festation—some of the most critical pages of legislative text. of the energy conference. needs facing our forests in America This text contains many details and Mr. REID. Reserving the right to ob- today. it is important that we be able to view ject, whose time is it taken from? This legislation, as Senator COCHRAN the text before we are called into a The PRESIDENT pro tempore. The indicated, is balanced. It is fair. It pro- final conference meeting for an up-or- majority’s time. tects old-growth forests. It makes cer- down vote. Our staff was standing by Mr. DOMENICI. Mr. President, I say tain that public participation in the all weekend in hopes of getting to see to Senator BINGAMAN that I heard what process of decisionmaking is preserved. this text. We were not able to do so. I he said. He and I have talked a number It assures that the implementation of personally cannot think of any valid of times. I would like to share with

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.006 S20PT1 S12862 CONGRESSIONAL RECORD — SENATE October 20, 2003 him the following so there is no mis- from Idaho, Senator CRAPO, chaired the stroying our forests. They understand understanding. I have taken the posi- subcommittee, and the work began that we need to do more thinning. tion—although I have not been able to under the leadership of Senator COCH- Eighty-three percent of the wildland tell him every day and I have not RAN. They produced a very good bill. firefighters have told this Congress and issued a release about it every day— We looked at it in the Energy and Nat- the public that the most important that the Senator must have the bill for ural Resources Committee. It is not step we can take to increase their safe- 24 full hours prior to markup. We have that our committee has not seen it. ty—is to thin these forests. taken that position with our leadership You darn right we have seen it; for 3 Because the Sierra Club and the Wil- and with everyone who has to do with years, this issue has been before the derness Society and other radical envi- the hierarchy of this bill. That is where Energy and Natural Resources Com- ronmental groups want no timber har- we are. That will be enforced. I now mittee and my forestry subcommittee. vesting in our Federal forests, we are have the support I need for that to hap- Now the ranking member, Senator destroying 6 to 7 million acres of land pen. WYDEN of Oregon, and I—myself each year—6 to 7 million acres of wild- Secondly, I will do my very best to chairing—have agreed this is the bill life habitat are being destroyed each get you the portion of the bill that you that ought to come to the floor. Yet we year. would like to see on electricity even are still being told that, no, somehow The bipartisan amendment that was before that. I am working very hard on it hasn’t been vetted enough and some- reached as a compromise with 13 of my seeing if I can do that. There are a how there is no understanding of this colleagues responds to the needs of the whole lot of people who want to look at issue. American public. It responds to those that provision, and I want to get it to There is a lot of understanding of who are concerned about the loss of you as soon as possible. this issue. There is a fundamental dis- wildlife habitat. It responds to the I thank the Senator for his com- agreement between those who want the wildland firefighters who tell us we ments, and I understand his concern. I forests left alone to burn, to let Mother need to increase the number of acres hope that, in the end, whatever your Nature take her course, and those of us thinned each year. And, most impor- concerns are for that bill—let’s hope who have said the economies of the tantly it responds to the needs of our you are for it, but I hope you will con- West, the watersheds of the West, the forests. clude that you have had a chance to re- wildlife of the West, and of all of our We have seen communities destroyed view everything and offer amendments. public land forests deserve a policy of by fire and important wildlife habitats I thank the Senator for yielding. active management so our forests can destroyed. Yet we, in this Senate, fid- The PRESIDENT pro tempore. The return to a state of good health, so our dle. Senator from Idaho is recognized for 5 watersheds can produce clear and valu- I am tired of our fiddling around. We minutes. able water for our urban environments, all know that this body must address Mr. CRAIG. Mr. President, I had and so the wildlife can flourish; they this issue. We all know the that the bi- hoped that today I would be on the deserve that. Yet it is being denied by partisan amendment is a good one that floor debating with my colleagues the a select few who would see it in an en- is fair and balanced and good for our issue of Healthy Forests and H.R. 1904. tirely different way. forests. When the chairman of the Agriculture The President began to speak out on Last year, all we asked for was an up- Committee brought the bill to the floor this issue a couple of years ago. He or-down vote on our amendment, but today asking unanimous consent to stood in the ashes hip deep in Oregon, the minority would not allow that. move forward, there was an objection where fires ravaged nearly a million This year, a few Members seem to be heard from the other side. I must tell acres, and said that somehow this saying no debate, no vote, and yes to you it is phenomenally frustrating to country has to change its policy. the destruction of or forests. This sim- me that we have worked on this issue Guess what. Eighty-seven percent of ply has to stop. in a totally bipartisan mode since the Americans in a recent poll agree that The PRESIDENT pro tempore. The day it came from the House and, yet, something is wrong in our national for- Senator’s time has expired. there is still objection from the other ests. It looks something like this: 79 Mr. CRAIG. Mr. President, that is the side on this issue. percent of the folks in the West say: issue before us today. It is an issue The bill brought to the floor today, Got to fix it. In the Midwest, 82 percent that this Senate ought to debate. I chaired and lead-sponsored by the say: Got a problem, ought to fix it. In plead with my colleagues on the other chairman of the Agriculture Com- the South, 84 percent say—and this is side to work with us to get this bill to mittee, Senator COCHRAN, has Senator the area the chairman of the Agri- the floor for purposes of debate and DASCHLE, Senator DOMENICI, Senator culture Committee is from—got a prob- passage. WYDEN, my colleague from Idaho, Sen- lem in our public forests, ought to fix Mr. COCHRAN. Mr. President, I yield ator CRAPO, who chairs the Forestry it. And the chairman of the Agri- the remainder of the time on this side Subcommittee on Agriculture, Sen- culture Committee, Senator COCHRAN, to the Senator from Wyoming, Mr. ators FEINSTEIN, LINCOLN, BURNS, set out to do that, along with the Sen- THOMAS. JOHNSON, MCCAIN, and CRAIG, who ator from Idaho, Mr. CRAPO, and my- The PRESIDENT pro tempore. The chairs the Forestry Subcommittee in self. Senator is recognized for 2 minutes 9 the Energy and Natural Resources This is a national issue today. It is seconds. Committee, together on this issue. not an issue of the elitist or the select Mr. REID. Mr. President, will the Yet the other side is saying no. Is it few of the environmental community Senator yield? because the fire season is over? Is it be- who say nothing should happen on our The PRESIDENT pro tempore. The cause of the rains starting to hit the public lands; that they should be a pre- Senator from Nevada. forests of the Great Basin West, and serve only managed by Mother Nature. f the smoke clouds that filled the air of We have seen what Mother Nature has the West this summer are depleted? Is done in the last 5 years. She has burned EXTENSION OF MORNING that why there is objection now to this 3 million to 5 million acres a year. She BUSINESS legislation? has destroyed watersheds. She has de- Mr. REID. Mr. President, Senator I and others have been on this floor stroyed wildlife. In many instances, HATCH has been courteous as always. for the last 3 years pleading with the she has destroyed thousands of homes, He is slated to speak at 2:30 p.m. He Congress of the United States, and es- and she has cost Americans their lives. said the time for morning business can pecially this body, to craft a forest Many Americans have died in the last be extended until 2:35. It is OK with health bill that allows us to begin some few years just trying to fight these un- him that we extend morning business active management of our forests, to usually hot and devastatingly dam- until 2:35 with the time equally di- change the character of our forests, aging wildfires that have swept the vided. I ask unanimous consent that be and to improve their health. The House West. the case. acted this year. The bill came to the Here are the facts. The American The PRESIDENT pro tempore. Is Agriculture Committee. My colleague public understands these fires are de- there objection to extending the time

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.008 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12863 for morning business until 2:30 p.m. as Black Hills National Forest—inter- For a little while I had a sourpuss under the previous order with the time estingly enough, we had some agree- look on me until I found out that, in- equally divided? ments before that were limited to the deed, we were fortunate because Sen- Mr. REID. Mr. President, 2:35 p.m. Black Hills to do forest fighting, clear- ator THAD COCHRAN and his committee, The PRESIDENT pro tempore. Is ing, and so on. We ought to extend that letting us help him, did a magnificent there objection to extending morning to some of the other forests because we job. In fact, I can say so there will be business until 2:35 p.m.? have had experience in that area. no doubt on the record that they did a Morning business is extended until Grand Teton, of course. better job than we could have. So I am 2:35 p.m. It is clear we need to have a program. very pleased the bill came roundabout The Senator from Wyoming is recog- Firefighting is extremely costly. It is that way. nized for 2 minutes 9 seconds. expensive to suppress and control. It is As always happens in a bill of this Mr. THOMAS. Under the new cir- much less expensive to seek to avoid type, you cannot win on the floor with cumstances, perhaps I could have 5 fires. just a bill produced by committee be- minutes. The Forest Service this year has al- cause there are Senators who are not Mr. COCHRAN. I yield to the distin- ready spent $1 billion in forest fighting. on any of the committees of jurisdic- guished Senator 71⁄2 minutes. We passed nearly $700 million to cover tion who have big interests in the bill. The PRESIDENT pro tempore. The the cost of the shortfall; otherwise, it Guess what. Those Senators are now Senator is recognized for 71⁄2 minutes. had to come from other projects. We supporting this bill. We must have f cannot continue to have these kinds of somebody around here who is against this bill. Senator WYDEN is for it. He HEALTHY FORESTS resources consumed by the fire. It has already been mentioned that has had some of the biggest problems Mr. THOMAS. Mr. President, I join the House has a bill and we have a bill with forests and forest fires in his my colleagues in talking about the and we will be taking up the dif- State of any Senator. problems I guess particularly in the ferences. There are differences in view We met under Senator COCHRAN’s West, although not only in the West. as to how different parts should be han- leadership for weeks. And Senator When I was in high school, I lived near dled. WYDEN is for this bill. Surely, he is not the Shoshone Forest in Cody, WY, and Between the House and the Senate, for not bringing up this bill. Whoever is I would help the firefighters fight fires. there has been a compromise on almost for not bringing it up—I don’t under- I remember that so very well, particu- all the issues that are important: ad- stand. larly one mountain close to home. It ministrative appeals and all the suits California has so much of everything was very steep. As the fire went up the that take place. We have an agreement that we sometimes forget they have huge forests and huge forest fires, and rocks, it would loosen the rocks and to cut those down, so instead of having it burns a lot of things down. they rolled down. Since that time, it to do studies for a year before some- has become even more of a problem. They need to fix the law. Guess what. thing can be done, it can be done in 30 She is not on the Agriculture Com- I always think about those who say days. We have wildlife-urban interface, we ought to leave things the way they mittee. Right? with half a mile around facilities in Mr. COCHRAN. Right. are, and I think about the wild horses. which more of this control will take Mr. DOMENICI. So she came in and If we would get too many wild horses, place. said: Let me help. She went to meeting what would happen to them in the old We have the old-growth issues where after meeting. Of course, they invited days? They starved to death. We don’t there can be changes if old growth is in me and my staff. I had more than a few let that happen anymore. We have to that interface close to buildings. There things to do, and I probably was there keep the numbers down. The same is can be exemptions. less than the Senators I just men- true with the forests. I am most disappointed that, having tioned, but I came. I was one who pur- We are using the forests differently talked about this issues for years, sued it and pushed it. than we did in the past. More people knowing the impact of not doing some- On the Democrat side of the Agri- live closer to the forests. People are thing, here we are with objections to culture Committee, the Senator from using the forests differently. We have moving forward when we have an op- Arkansas, BLANCHE LINCOLN, was there more insect problems to manage. We portunity to create some solutions to all the time. She came to these meet- are talking about managing the re- the problem that exists and will con- ings and she is for it. MAX BAUCUS, source. tinue to exist. Democrat from Montana, a State with There will be areas, of course, where I hope we can do something this huge problems, he was there. He is for we will not have forest protection—on week. This is our chance to come to- it. roadless areas and wilderness areas. gether and pass a bill that will be usa- Everybody knows the Senator from But much of the forests are areas ble. I hope we do that. New Mexico is for it. I have been trying where there are many people all the I yield the floor. to do this for 10 or 12 years. I got one time, where there are roads and build- Mr. COCHRAN. Mr. President, how big bill through that nobody thought ings, and we have to do something dif- much time remains on the morning could happen in the midst of the forest ferent than we have been doing. business allocation for this side of the fires. It passed in an amendment on the Fires burn at naturally high tem- aisle? floor. We got $250 million times 2—that peratures and cause severe damage to The PRESIDING OFFICER (Mr. ROB- is $500 million—for each agency. We the soil, watersheds, and air quality, as ERTS). The distinguished Senator has 5 named that bill ‘‘happy forests.’’ We well as, of course, to the trees. Fires minutes 51 seconds remaining. named it happy forests because we destroy habitat, including endangered Mr. COCHRAN. Mr. President, I yield thought if it works, these forests that species. the remaining time to the distin- cannot see sunlight may see sunlight It is our responsibility to protect the guished Senator from New Mexico. and they might be happy when they health and safety of the community in The PRESIDING OFFICER. The Sen- look up at the sun. neighboring lands. There is a lot we ator from New Mexico is recognized. So I nicknamed the bill the happy must do to do a better job. Mr. DOMENICI. I thank the Chair. I forests, with the trees of America once In Wyoming—and we have not had as thank the Senator from Mississippi Mr. again being unclogged. The clogging much fire as some other States—in the COCHRAN. makes the trees limp but also makes Shoshone Forest where I grew up, First, on the way to the floor, some- them burn like wildfire. We got that many of those trees are infected by in- thing very interesting happened to this one through and it did a lot of good, sects. Yet only 1 percent of the cor- bill. The Parliamentarian read it and but we are stuck with the problem that ridor is available for any kind of treat- said: Chairman DOMENICI—who had this bill tries to solve; namely, we can- ment and care for these trees. In Big been waiting anxiously to do this bill— not get anything done in a reasonable Horn National Forest, a fire burned for you don’t have jurisdiction the way the period of time. That is the issue. 3 weeks causing evacuation of dozens of bill is written and said the Agriculture We do not have to talk about the cabins and loss of other facilities. Committee did. fancy words, jurisdiction, courts, and

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.011 S20PT1 S12864 CONGRESSIONAL RECORD — SENATE October 20, 2003 all of that. The truth is, for those who It struck me at the time, if we have base of the terrorists who have had us do not want things to happen, they a pretty good idea of where Osama bin under assault for many years, but most have an inordinate amount of time Laden is, why are we not flooding that especially on 9/11. that they can make everybody waste area with American forces to take him This is the Vice President of the without doing anything. At least in out? Newsweek went on to report that: United States suggesting that Iraq was this bill, for instance, if there is an in- . . . bin Laden appears to be not only alive, at the center of the attack on America fested forest—and I do not know any- but thriving. And with America distracted in on 9/11. one that does not have one around— Iraq and Pakistani President Pervez The President himself was forced to they are ugly, they burn like tinder, Musharraf leery of stirring up an Islamist correct the record just a few days later, and at least in this bill that would be backlash, there is no large-scale military when he said we have had no evidence handled very expeditiously. force currently pursuing the chief culprit in Saddam Hussein was involved on Sep- the 9/11 attacks, U.S. officials concede. People wonder why that is not the tember 11; no evidence. case right now. In a few months, why I find that alarming. Osama bin The record is overwhelmingly clear. can’t there be a contract to cut those Laden led the attacks on this country. We know who attacked us on Sep- trees down? Well, those kind of things We know that. There is no doubt about tember 11. It was not Iraq. There were are getting fixed in this bill. it. If we are being distracted by Iraq, in no Iraqis. The people who attacked us I am grateful to have these few min- my view, that is a serious mistake. I on September 11 were al-Qaida, led by utes. I am thankful that this bill went must say it is one that I very much Osama bin Laden. In 770 days, we have to the Agriculture Committee. The feared one year ago when we were con- not yet held him to account. That has staff did most of the work, and I am sidering whether to attack Iraq. I to be our priority. very grateful the outsiders came in and voted against attacking Iraq at that The President and his top officials helped. I do not want to fail to men- time because I believed our top pri- have sought to link Saddam not just tion, on the Republican side, the dis- ority ought to be going after al-Qaida with 9/11 specifically but with al-Qaida tinguished Senator from Arizona, JOHN and Osama bin Laden. more generally. They have cited three MCCAIN, who was not on the committee There has just recently been a report pieces of evidence to back that claim. of jurisdiction, also came with his com- in the Boston Globe that says: As the First, the administration stated that petent staff. They presented their hunt for Saddam Hussein grows more one of the 9/11 hijackers, Mohamed views and some of the bill was adjusted urgent, and the guerilla war in Iraq Atta, met with an Iraqi agent in their way. shows no signs of abating, the Bush ad- Prague in the spring of 2001. For exam- So I say to the leadership, I hope ministration is continuing to shift ple, last year the Vice President as- when some Senators come and say let’s highly specialized intelligence officers serted: delay this bill, let’s not take it up, I from the hunt for Osama bin Laden in hope they would ask, what is this We have reporting that places him [Atta] Afghanistan to the Iraq crisis. in Prague with a senior Iraqi intelligence of- about? When are we going to do it? I believe that is the wrong priority. I ficer a few months before the attacks on the When are we going to stop destroying believe the priority ought to be al- World Trade Center. our forests or at least do some positive Qaida and Osama bin Laden, and we That is what the Vice President said things that we all know are right? ought to be going into this area that then. But what do we know now? The I yield the floor. has been identified in seeking to find The PRESIDING OFFICER. The Sen- fact is, the CIA and FBI have concluded him and holding him to account. this report was simply not accurate be- ator from Mississippi. When I reflect on the decision to go Mr. COCHRAN. Under the order, how cause Mohammed Atta was in this into Iraq, I am reminded that many in country, in Virginia Beach, VA, at the much time remains on this side? the public believe that Iraqis were part The PRESIDING OFFICER. There is time the Vice President had asserted of the 9/11 operation. In fact, 69 percent no time remaining. he was in Prague. As the Washington of the American people believe Saddam Mr. REID. I yield the remaining time Post reported on September 29: was involved in the September 11 at- on this side to the Senator from North tacks. Half of Americans believe that In making the case for war against Iraq, Dakota, Mr. CONRAD. Vice President Cheney has continued to sug- The PRESIDING OFFICER. The dis- Iraqis were among the 9/11 hijackers. gest that an Iraqi intelligence agent met tinguished Senator from North Dakota We know that is not the case. There with a September 11, 2001, hijacker months is recognized. were no Iraqis, none, zero, involved in before the attacks, even as the story was the 19 who hijacked the planes in our falling apart under scrutiny by the FBI, the f country that turned them into flying CIA, and the foreign government that first OSAMA BIN LADEN AND bombs that attacked the World Trade made the allegation. SEPTEMBER 11 Center and the Pentagon. Of the 19 hi- Second, the administration has ar- Mr. CONRAD. Mr. President, over the jackers, 15 were from Saudi Arabia, gued a senior al-Qaida operative, Al- weekend, Osama bin Laden was again two were from the United Arab Emir- Zarqawi, was seen in Baghdad. He may seen vowing that al-Qaida would ates, one was from Egypt, and one was very well have been in Baghdad, but launch suicide attacks against Ameri- from . Not a single one was that doesn’t prove anything about a cans and our allies. Frankly, it angered from Iraq. Yet even now many Ameri- formal link between Iraq and al-Qaida. me to see these taped reports that cans believe it was in fact Iraqis who We know senior operatives spent again Osama bin Laden is threatening attacked this country. In fact, more months in our own country prior to 9/ Americans. Americans believe most of the hijack- 11. That doesn’t make the United It has now been 771 days since al- ers were Iraqis—21 percent—than the 17 States an ally of al-Qaida any more Qaida launched terrorist attacks on percent who correctly stated none of than the presence of an al-Qaida opera- American targets on September 11, the hijackers was Iraqi. tive in Baghdad makes Saddam Hus- 2001. For me, this report raised the We are making decisions here, and sein an ally of Al-Qaida. question of why is Osama bin Laden the American people are supporting de- Third, the administration said al- still able to threaten this country? cisions, and apparently they do not Qaida maintained a training camp in Why have we not been able to find him have the accurate information. northern Iraq. Again, this sounds con- and bring him to account? Unfortunately, it is not hard to fig- vincing, but as the former director of I was reminded, in seeing these tapes, ure out why. In speech after speech, the Strategic Proliferation and Mili- that just several weeks ago Newsweek the President and his top officials have tary Affairs Office at the State Depart- magazine did a detailed analysis on juxtaposed 9/11 with Saddam and Iraq, ment’s intelligence bureau points out, where Osama bin Laden might be. They strongly implying there is a clear and one finds this is not a very honest ex- narrowed it down to Kunar province on direct link between Saddam and 9/11. planation: ‘‘. . . I mean, you had ter- the border between Afghanistan and To take only one of dozens of examples, rorist activity described that was tak- Pakistan. They had detailed reports in as recently as last month Vice Presi- ing place in Iraq, without the mention that article of Osama bin Laden being dent CHENEY again linked 9/11 with that it was taking place in an area seen in this area. Iraq, describing Iraq as the geographic under the control of the Kurds rather

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.014 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12865 than an area under the control of Sad- First, on nuclear weapons, the Presi- unrestricted access to the whole coun- dam Hussein.’’ dent and top officials repeatedly try and more than 1,000 investigators On this map, this is the camp they warned of Saddam’s efforts to acquire looking for illegal weapons. The Bush were talking about. This is the Ansar weapons of mass destruction. They but- administration’s chief investigator al-Islam area. There was a terrorist tressed these general claims with two leading the search for weapons of mass camp here. very specific assertions. First, the destruction has found no evidence of This is a map of Iraq that shows very President and his top officials said any serious recent effort to build nu- clearly that is an area controlled by there was direct evidence of Saddam clear weapons. I think this quote from the Kurds. The Kurds are our allies. Hussein trying to buy uranium in Afri- the October 3 Washington Post sums up This is an area that was not under the ca. In his State of the Union Address the most recent finding: control of Saddam Hussein. last January, President Bush told Con- After searching for nearly six months, U.S. If the American people are going to gress and the American people: forces and CIA experts have determined that make sound judgments about who is re- The British government has learned that Iraq’s nuclear program was only in the very most rudimentary state, the Bush Adminis- sponsible for what, and who we ought Saddam Hussein recently sought significant tration’s chief investigator formally told to hold responsible, and who we ought quantities of uranium from Africa. Congress yesterday. to prioritize for attack, it seems very That is what the President said then. On nuclear weapons, specific allega- clear to me the ones we ought to be at- But what do we know now? We now tacking are al-Qaida. The ones we tions underlying the administration’s know that the CIA knew, months be- claims had certainly been discredited ought to be going after first and fore- fore the State of the Union Address, before we went to war, and since the most are Osama bin Laden and his al- and months before the war on Iraq war we have found no evidence to sup- lies. Over and over, I believe the Amer- started, the allegation was simply not port the more general claims of Iraqi ican people have been led to believe accurate; it was based on a crude for- efforts to reconstitute its nuclear there is this strong link between al- gery that did not pass the credibility weapons program. Qaida and Saddam Hussein. I do not test for CIA experts. Here is just one What about chemical and biological think the facts bear out that connec- news story, ‘‘Bush Claim on Iraq Had weapons? tion. Flawed Origin, White House Says.’’ We all knew Iraq had possessed and The President himself has now said The White House acknowledged for the had used chemical weapons in the Saddam Hussein has not been linked to first time today that President Bush was re- 1980s. We all knew intelligence had not September 11. Yet the majority of the lying on incomplete and perhaps inaccurate conclusively demonstrated that all of American people believe that he was. information from American intelligence these weapons had been destroyed. In That mistaken understanding is right agencies when he declared in his State of the fact, I must say I believed Iraq was at the core of what has been to me a se- Union speech that Saddam Hussein had tried to purchase uranium from Africa. likely to have chemical and biological rious mistake in the strategy in fight- weapons because we knew they did at Second, the President and his aides ing this war on terror. Our first pri- one point. The United Nations inves- have repeatedly asserted Iraq had tried ority, our top priority, one we should tigators found them. But those weap- to purchase aluminum tubes that could not be distracted from, is going after ons have not been found since. We have be used to enrich uranium for nuclear Osama bin Laden and al-Qaida. I don’t searched high and low for biological think we should be distracted, chasing weapons. and chemical weapons. We may still The President said: the mirage of terrorism being fun- find them. I think we have to ask our- damentally a product of Iraq. I don’t Our intelligence sources tell us that he has selves, would that have justified a pre- attempted to purchase high-strength alu- think the record bears that out. emptive attack on Iraq? My own judg- If there is not a strong connection minum tubes, suitable for nuclear weapons production. ment is it would not. Why? The Soviet between Iraq and al-Qaida, why have Union had weapons of mass destruc- That’s what the President said then. we repeatedly had that linkage made? I tion; we never launched a preemptive But what do we know now? think there has been very little cred- attack on them. China has weapons of The International Atomic Energy ible evidence of a direct connection be- mass destruction; we never launched a Agency’s director concluded this tween al-Qaida and Saddam Hussein. preemptive attack on them. You can go spring, before the war on Iraq started, As a former State Department intel- through country after country where that the tubes were for conventional ligence official said in the same Front we have decided to use containment artillery rockets. As the Washington Line interview: rather than military assault. Post reported: His [Secretary Powell’s] own intelligence The President told us the Iraqi re- officials and virtually everyone else in the ElBaradei rejected a key Bush administra- gime possesses and produces chemical terrorist community said there is no signifi- tion claim made twice by the President in and biological weapons. I believe he be- major speeches and repeated by the Sec- cant connection between al-Qaida and Sad- lieved that, and there was reason to be- dam Hussein. retary of State that Iraq had tried to pur- chase high-strength aluminum tubes to use lieve that. I don’t diminish that argu- If there is not a strong connection, in centrifuges for uranium enrichment. . . . ment. But the fact is we were wrong, or why have we heard so many references El Baradei’s report yesterday all but ruled at least so far it appears we were linking the two? That is a question we out the use of the tubes in a nuclear pro- wrong. I must say I believed—and I say all need to ask and try to answer. gram. . . . ‘‘It was highly unlikely Iraq could it again—I believed they had chemical In addition to the link to al-Qaida, have achieved the considerable redesign and biological weapons. But after the President and his administration needed to use them in a centrifuge pro- searching for nearly 6 months, U.S. have also repeatedly indicated that gram,’’ ElBaradei said. forces and the CIA experts have found Iraq had weapons of mass destruction. But the Bush administration did not no chemical or biological weapons in First the President suggested over and stop with these specifics. It repeatedly Iraq. We still may find them. over there were close links between asserted there was an imminent danger That still leaves us with the ques- Saddam and al-Qaida, implying Sad- of Saddam acquiring and using nuclear tion: Did their mere possession of such dam had something to do with the Sep- weapons. weapons justify a preemptive attack? tember 11 terrorist attack on this In a speech 1 year ago, President What did our own CIA tell us? I remem- country. We now see that is a very Bush said: ber those briefings, elements of which weak case. The evidence indicates that Iraq is recon- have been made public. I am not re- Is there better evidence to substan- stituting its nuclear weapons program. vealing any secrets. The CIA told us tiate the second set of claims used to The Vice President last March went there was a low likelihood of an Iraqi justify war with Iraq, that Saddam even further, stating that ‘‘we believe attack on us or our allies unless we at- Hussein was about to acquire nuclear he has in fact reconstituted nuclear tacked them first. weapons, and was producing chemical weapons.’’ The point is simply this: We have not and biological weapons, all of which That is what they said then. But found biological and chemical weapons. could be used for an imminent attack what do we know now? We have occu- We have not found evidence of a recon- against the United States? pied Iraq for 5 months. We have full, stituted nuclear program. We have not

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.016 S20PT1 S12866 CONGRESSIONAL RECORD — SENATE October 20, 2003 found any serious links between al- As a matter of fact, we now know he look pretty far to look beyond the ter- Qaida and Iraq. Those were the funda- is behind terrorist activities all over rorist incidents of Saddam Hussein, his mental reasons we went to war with the world, especially in our country sons, and the Baathists in Iraq. All Iraq. I believe it was a mistake to at- and especially in the Middle East. We that is important in the Middle East as tack Iraq at the time we did. I believe have had more than ample unclassified well as in other parts of the world. I it was a priority that simply did not information, and person after person, will not take time to go through the make sense given the threat to this group after group has tried to infiltrate fact that 10 years ago, the U.N. even country. our country to cause terrorist activi- verified he has the capacity to make The imminent threat to this country ties within this country, in each case weapons of mass destruction, was mak- is in the form of al-Qaida. The immi- tied back to Osama bin Laden. ing weapons of mass destruction, used nent threat to this country is the We also know he has escaped Afghan- them against his own people, et cetera, forces led by Osama bin Laden. It has istan and with the help of certain et cetera. now been 771 days since they attacked friends probably is residing somewhere It seems strange to me we have to go this country. Newsweek magazine re- in northeastern Pakistan but no one through this every day, with people ports they have a pretty good idea really knows. To make a long story lambasting the President, who literally where Osama bin Laden is—right on short, we do not just have the right to has stood up the way he should stand the border between Pakistan and Af- go into northeastern Pakistan and con- up, ignoring the fact that many in the ghanistan. Yet there is no large-scale duct a major warfare search for Osama country of Iraq are thrilled we are military operation underway to take bin Laden without the permission of there, bringing peace and stability, de- out Osama bin Laden. I think the the Pakistanis. Everyone knows that. cency, honor, freedom, education, American people deserve to know why That relationship is a very important health care, infrastructure, and other not. Why not? Why aren’t we launching relationship. matters to benefit that nation. Natu- massive forces into the area identified We also know Osama bin Laden is not rally, those who love terrorism, those as the place where Osama bin Laden is just dedicated against the United who love hatred, are not going to like hiding? Have we been distracted by States of America but against anyone him. Instead of condemning the Presi- Iraq? I hope not. But the evidence I see that stands for freedom. Particularly, dent for crass political reasons at that, is that the resources and the attention, he is against his own fellow Arabs in we ought to be thanking him for hav- which I believe should have been first Saudi Arabia and other parts of the ing the guts to stand up and to take directed at taking out Osama bin Middle East. It is apparent that many these actions that have long been over- Laden and al-Qaida, are going to Iraq. claims are made that some of the ter- I very much hope we will have an- due. rorism that happens in the Middle East I have a lot more to say, but I let it swers to these questions in the coming is caused by al-Qaida, inspired by none days. go at that today. It is demoralizing to other than Osama bin Laden. There is The Senator in the Chair, whom I me to see a lack of support by some on also no question that there have been count as a friend in this body, is the the other side for what has been nec- chairman of the Intelligence Com- ties to Saddam Hussein. essary for foreign affairs action. It used But be that as it may, anyone who mittee. Obviously he has knowledge to be that offshore we supported who- tries to make out the case that we none of the rest of us possess. As one ever was President. I guess that was should not be in Iraq is ignoring dec- Senator, I saw Osama bin Laden on because most of the time the President ades of facts. Anyone who tries to pin these tapes again over the weekend and was a Democrat. I guess it is different the Iraqi matter strictly on whether or read the stories in the news magazines when there is a Republican President. not Osama bin Laden had weapons of that said we have a pretty good idea All we have had are attempts to under- mass destruction is ignoring an awful where Osama bin Laden is. But we have mine everything President Bush is try- not found him, leading to the sugges- lot of matters that indicate that if the ing to do with probably the best for- tion that we have been distracted by United States did not act, it would be eign policy team I have seen in my 27 Iraq. That disturbs me a great deal. I only a matter of time until it would be years in the Senate, composed of peo- believe the overriding priority for this too late to act and there would be ple who complement each other, who country and the national security of many thousands of others killed, net- have cross-currents of belief, who basi- America is in holding Osama bin Laden works set up, deterioration throughout cally come behind the President and to account, finding him, and stopping the Middle East, which is, as a whole, support what is being done in ways him. strictly important to the United States that I don’t think any other group of The PRESIDING OFFICER. The time of America, as well as other countries people could have done, certainly not of the distinguished Senator has ex- in the world. as well as they have done. I get a little tired of hearing people pired. f Mr. CONRAD. I thank the Chair and in the Senate criticizing President yield the floor. Bush for stopping these people for let- CONCLUSION OF MORNING The PRESIDING OFFICER. The dis- ting it be known throughout the world BUSINESS tinguished Senator from Utah. that we will not put up with acts of The PRESIDING OFFICER. Morning Mr. HATCH. Mr. President, I have terrorism, that we will hit them where business is closed. heard a lot of speeches on the Senate it hurts for doing what has been done f floor about Osama bin Laden, about in Iraq. Anyone with any brains has to Iran, Iraq, and the Middle East. As a realize there are so many facts there CLASS ACTION FAIRNESS ACT OF member of the Senate Intelligence you do not even need weapons of mass 2003—MOTION TO PROCEED Committee, I can only talk briefly destruction today to show what we The PRESIDING OFFICER. Under about this matter, but I think it is im- have done there has placed a huge dent the previous order, the hour of 2:35 hav- portant to note I was probably the first in terrorism around the globe and has ing arrived, the Senate will resume Member of Congress—at least to my rocked Osama bin Laden back on his consideration of the motion to proceed knowledge and I believe anybody’s heels. Yes, he is still capable of making to the consideration of S. 1751, which knowledge—to mention the Clinton ad- an occasional television announce- the clerk will report. ministration had better get on top of ment. He is still capable of acting like The assistant legislative clerk read Osama bin Laden, or he is going to kill he is more important than he is. But as follows: Americans. At one particular point in the fact is, we have put a big dent in Motion to proceed to consideration of S. that period of time between that state- his terrorist operations around the 1751, a bill to amend the procedures that ment and when President Clinton left world. apply to consideration of interstate class ac- office, there was one time they could That is not to say we should not stay tions to assure fairer outcomes of class mem- have captured Osama bin Laden, and he vigilant, that we should not do every- bers and defendants, and for other purposes. would have been turned over to them. thing in our power to make sure that Mr. HATCH. Mr. President, I note They blew it, not realizing how impor- terrorism is fought not just in our land that Senator CORNYN is here. I ask tant this matter was. but all around the world. One has to unanimous consent he be permitted to

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.019 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12867 speak, and then I be granted the floor viduals and who would know they the Judiciary Committee, it, frankly, thereafter. could continue in that posture because is not all we should strive for when it The PRESIDING OFFICER. The dis- individuals would not be able to eco- comes to class action fairness. tinguished Senator from Texas is rec- nomically bring those claims forward. For example, many people find out ognized. So the class action mechanism pro- only after they receive a coupon or Mr. CORNYN. Mr. President, I thank vides a means for aggregating or col- something in the mail that they were, the distinguished chairman of the Judi- lecting those claims so that it can be indeed, a member of a class; in other ciary Committee, the Senator from done in an economical fashion, in a words, they were a party to a lawsuit, Utah. It is because of his leadership on way that will not deny those individ- and they did not know it until they re- this issue, that of class action fairness, uals who are aggrieved access to the ceived some token compensation, it has reached this stage in the pro- courts so they may have access to that whether it be a coupon or perhaps a few ceedings. He is a true gentleman in the justice that I mentioned a moment pennies. finest traditions of the Senate. He also ago. I think if we were to engage in the happens to be the iron fist and the vel- So the intent of the class action sort of class action reform that I think vet glove who helps make things hap- mechanism was to provide consumers would genuinely address part of the pen in the Senate Judiciary Com- with access to the courts. The problem problem, we would have a system not mittee, a place where, unfortunately, is, today, the reality is that our system where people are asked to opt out of a things do not always happen the way has turned into one that now benefits class but literally where consumers are they should, notwithstanding his he- the few at the expense of the many. In given an opportunity to opt in; that is, roic, Herculean efforts. other words, the people who benefit I do not think we ought to presume Mr. CORNYN. Mr. President, I ask from class actions today, too often, are somebody wants to be a party to a law- unanimous consent I be added as a co- the lawyers who bring those lawsuits suit unless they say: Count me in. sponsor to the Class Action Fairness rather than the consumers for whose I do not think that is too much to Act of 2003. benefit this whole procedure was first ask. But that is not what this bill does The PRESIDING OFFICER (Mr. conceived. yet. But that is where I think we need COLEMAN). Without objection, it is so I think it ought to be our goal in the to go ultimately. ordered. policy of the U.S. Government and our What this bill does is provide a Mr. CORNYN. Mr. President, this bill courts to see that those with valid means of access to a court and the kind is important for so many reasons. I will claims have a means to vindicate those of careful review of a legal claim that generally lay out what I believe to be claims, but it should not be a means by I think is important in order to pre- some of the important reasons the Sen- which the few can be enriched at the serve the goal of class action litiga- ate should take up this bill that was expense of consumers who may not tion; that is, to serve the interests of voted out of the Senate Judiciary Com- even know they are involved in a class consumers and not the interests of en- mittee on a bipartisan basis, why the action lawsuit, where they receive trepreneurial class lawyers. Senate should take this bill up, vote it token compensation whereas the class I want to give just one or two exam- out, and do everything in our power to action lawyer receives millions, lit- ples from my own experience. As I said, see it is enacted into law. erally, in attorney’s fees. like many in this body, I have been a My colleague, the Senator from Iowa, Modern class action litigation has practicing lawyer. I also happen to Mr. GRASSLEY, deserves a great deal of brought forward what we have now have been a judge in my earlier life and credit for his hard work on this issue come to recognize as the entrepre- exposed to some of the abuses of class and for promoting this important legis- neurial lawyer. That is a lawyer who action litigation. And of one I will lation. I publicly acknowledge his lead- may not have a client but if they are never forget, I want to just mention a ership on the issue as well. smart enough to try to figure out a few of those details. Like a number of the Members of this way to create a claim or find somebody Well, it seems that General Motors body, I have been a member of the bar, who arguably has a claim, then they created a sidesaddle gasoline tank a lawyer, for a number of years. I have can go out and seek a class representa- pickup truck, one that was the subject seen the ways in which the law and tive; that is, somebody whose claim is of or involved in a rather spectacular lawyers have contributed in a tremen- representative of perhaps hundreds or explosion and terrible injury and death dous fashion both to the public admin- thousands or even millions of other in Georgia, which was obviously a per- istration of justice and to that maxim, people who might be in a similar situa- sonal injury and a wrongful death that saying, that is engraved into the tion and, thus, seek certification of a claim. edifice of the U.S. Supreme Court, class action and settle the case be- What happened in Texas, and else- which is really a national value and cause, frankly, class action lawsuits where, was we saw that some lawyers ideal: Equal justice under law. are almost never tried because the con- realized this was perhaps a product de- That is indeed one of the funda- sequences of a trial and the loss are so sign over which consumers may have a mental values upon which this Nation devastating that the person who has potential claim. So they brought a law- was founded. But I do not think it is been sued or the company that has suit, not for personal injury or death news to anyone that that aspiration, been sued does not really want to risk but for the economic loss incurred by that value, that we all agree is impor- an adversarial proceeding in a court of consumers who owned sidesaddle gaso- tant, has suffered in the administra- law. line tank pickup trucks. tion when it comes to class action law- So class action lawsuits are filed to Of course, they had a couple of prob- suits. be settled and to use the economic lems. One, they had the problem of I wish to make clear, I believe class pressure that is created thereby be- being able to establish a true measure actions do have an important role in cause the number of claims that are of loss as a result of merely owning the administration of justice. In other aggregated and the amount of money them because, in fact, the evidence words, the class action was created so that is at stake is literally a bet-the- seemed to be that there was no actual that individuals with relatively small ranch lawsuit or, I should say, bet-the- loss in value just by driving a truck claims and who would not be able to company or bet-your-life-savings law- that had a sidesaddle gasoline tank. bring those claims forward in an eco- suit. But, moreover, what ultimately hap- nomical way—indeed, the economics The problem is, our system of class pened in this case was that the con- would discourage them from doing so— action litigation is not just broken; it sumers got a coupon, redeemable upon would not be denied access to the is falling apart. That is not right, and the purchase of a new General Motors courts and access to justice simply be- that is not justice, and that cries out pickup truck, and the lawyers who cause their claims were rather small for reform. I believe this bill is an im- filed the lawsuit got nearly $10 million because, indeed, if in fact that were the portant step forward in providing that in cash. case and there were no mechanism to reform. As it turned out, the court on which bring those small claims forward, there Now, the truth is, as great as I be- I served, the Texas Supreme Court, would be those who would abuse indi- lieve this bill is that has passed out of unanimously reversed that decision—

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.022 S20PT1 S12868 CONGRESSIONAL RECORD — SENATE October 20, 2003 that settlement really, the approval of tlement which meets their bottom line does the following: It builds on the that settlement, saying: Look, we have but which basically precludes future committee report in the sense that gotten this exactly backward. Class ac- claims by others who genuinely are ag- what we do is say to those plaintiffs tion lawsuits are brought for the ben- grieved and harmed and whose rights who file a class action case in a par- efit of consumers, not for the benefit of are totally cut off. ticular State, where one-third or less of the lawyers who file them. This is not lawyer bashing, I assure the plaintiffs, the people who are in- So in order to correct this abuse rep- you, as a lawyer myself. People need to jured in a State, happen to be from resented by the settlement, we said: have access to the courts. Consumers that State, that like the committee Look, the consumers have to get some- need to have a means to vindicate their bill, that case would clearly be a mat- thing of value, and it has to be more just claims. But it cannot be through a ter of Federal jurisdiction. Where two- than a coupon redeemable upon the method which rewards entrepreneurial thirds or more of the plaintiffs who are purchase of a new General Motors pick- lawyers with millions in cash and con- injured or alleged to be injured reside up truck. sumers with a coupon. It cries out for in a particular State—say Louisiana— Now, frankly, what happened was, it reform. I believe the class action liabil- where the injuries were alleged to have looked as though the class lawyers, the ity reform bill Chairman HATCH has occurred, if two-thirds or more of those class counsel, cut a deal that was good navigated through the Judiciary Com- injured citizens who have filed a case, for them, and General Motors agreed to mittee, which enjoys bipartisan sup- two-thirds or more, happen to be from a deal that was pretty good for them port in that committee, is a big step in my State of Louisiana, then it is a under the circumstances, although I the direction of reform. State court in which the action should am sure they would have rather not With that, I thank the Senator from be brought. been there. But they were able to basi- Utah for allowing me to say a few As the committee bill, my bill also cally effectuate a marketing scheme words. I will relinquish the floor from says that when you have a situation for the sale of more GM pickup trucks; whence it came. between one-third and two-thirds of in other words, make lemonade out of The PRESIDING OFFICER. The Sen- the plaintiffs coming from a State, a this lemon. The problem was, con- ator from Utah. particular State where the injury oc- sumers in the process got nothing. In- Mr. HATCH. Mr. President, I ask curred, then the Federal judge would deed, many consumers, because they unanimous consent that Senator look at the circumstances, as the com- were constrained by bidding require- BREAUX be recognized and then I be mittee bill, and make a determination ments—for example, trucks owned in a recognized immediately following his of whether that case more appro- motor pool by a municipality or other- remarks. priately belongs in the Federal court or wise constrained by those require- The PRESIDING OFFICER. Without belongs in the State court. ments—could not even take advantage objection, it is so ordered. What is the difference between the of the coupon. Of course, others didn’t The Senator from Louisiana. two approaches? One big difference is have the money to buy a new pickup Mr. BREAUX. Mr. President, I thank that in the committee bill it says, that truck and so they couldn’t use the cou- the chairman of the Judiciary Com- even if two-thirds or three-fourths or 98 pon which gave them some money as mittee for yielding to me. percent of the injured people reside in against the purchase of another truck. I will take a few moments to explain We can all testify, based on our own my position on this important legisla- Louisiana, where the alleged injury oc- experience, how we have perhaps re- tive effort and point to the fact that I curred, if the defendant happens to be a ceived a notice in the mail. I remember have worked on a substitute amend- citizen of some other State, as so many not too long ago when my wife and I ment that has the ability to bring both corporations are, then the case goes went to a Blockbuster video rental sides together in a way we have not yet automatically to the Federal court to store. We got an extra long tape when achieved. interpret as best they can the State we rented our video that had a notifi- It is clear that in all difficult legisla- laws, such as my State of Louisiana. cation of a class action settlement at- tive areas, when you have a very close- That is incorrect. If the majority of tached to it. Of course, after reading ly divided Senate, the only way we will the injuries are in the State of Lou- the fine print, we found out that we actually get legislation adopted and isiana—say it is a meatpacking com- had, unbeknownst to us, been involved passed and sent to the President for his pany that has sales in Louisiana and it in a lawsuit and had some nominal signature is if we aggressively work to- has caused injuries in my State of Lou- claim we could make to a few pennies, gether to limit our differences and isiana by selling tainted products of while the lawyers in the case received maximize the things we have in com- meat that cause real injuries in Lou- $9 million in cash. The consumers got a mon in order to produce a legislative isiana—and 75 percent of the injured coupon for about a buck, and the law- package that can sustain the rules of people are in Louisiana but because the yers got $9 million in cash. the Senate and allow a bill to actually company may be domiciled or a citizen I don’t want to take long today be- pass and become law. of the State of Delaware, that all of a cause the chairman of the committee There is room for reform in class ac- sudden the Federal court is better situ- has graciously allowed me to say a few tion litigation. I do not think it is as ated to handle that case. That defies words now. I know we will be con- bad as some portray the situation to logic. If the injured people are in my tinuing to talk about this issue for be, but it is probably a problem that State, two-thirds or more, then logic some time this week, as well we does need to be addressed. For those says the case can best be handled and should. But there is another part of who think we should do nothing in this interpreted by the State courts and the class actions that we need to be careful area, I would say there are some things State supreme court which would be about. It is not just the entrepre- we can do that improve the situation interpreting the State tort law that neurial lawyers who settle for cash and, most importantly, get us a prod- the State legislature passed. while consumers get a coupon. Class uct that can actually become law. Why should we say merely because actions can also be used by defend- Many times we in the Senate are one defendant’s cause for alleged inju- ants—that is, people being sued for var- faced with the question of, do I want to ries happened to be in Delaware, where ious claims—to preempt or to stop fu- try to do everything I would like to do so many companies are incorporated, ture claims by those who have them and risk getting nothing done, or that automatically means it should be because there is what we lawyers call would I like to try to reach a legiti- in the Federal court? The Federal res judicata. That is, no one else can mate compromise and actually get court does a great job of interpreting bring another claim if, in fact, they something passed that may not be ev- Federal law, but I suggest when it were notified they had a potential erything I would like but would be far comes to interpreting State law, on claim and failed to object and thus superior to doing nothing at all. That which these plaintiffs would be judged, were included in the class. So some de- is the situation we face with regard to the State court is better situated to fendants will potentially go out and the question of class action litigation. make those determinations. I will have collude with an entrepreneurial lawyer My substitute bill, which would be more to say about that particular as- in order to get a final class action set- offered, hopefully, as an amendment, pect.

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.024 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12869 Let me mention briefly when it all, saying we are not going to proceed a promise from defendants that they comes to the so-called coupon settle- to the legislation until we have had will make safer tires and initiate a ments the distinguished Senator from those discussions. We are going to safety program. Texas mentioned, our legislation ad- share what we have just outlined with It strikes me these class members are dresses that, to the extent that we can, my good friend, the chairman of the getting a so-called benefit they should by saying where coupons are issued to Judiciary Committee. Hopefully, they be getting, anyway. It seems to me many plaintiffs who may have bought a can look at it and see if there is room they should try to have safer tires and defective product, the situation in the for legitimate talks and legitimate the benefit of a safety program. past has been many plaintiffs’ attor- compromise. I think there is. The al- But the laughable settlement terms neys would have their fees set not on ternative is to do nothing. I think that don’t end there. Unlike the unnamed the number of coupons that were actu- is unacceptable. class members who do not stand to ally redeemed, but only on the number I thank the chairman for yielding me gain a single penny, those lucky of coupons that were actually issued in a few moments to make some com- enough to be named plaintiffs get to terms of the settlement. ments. I yield back my time. walk away with a $2,500 cash bounty. For instance, people buy a defective The PRESIDING OFFICER. The Sen- This proposed settlement, which will product and many times the resolution ator from Utah is recognized. likely be approved by the State court, of the case is based on each plaintiff Mr. HATCH. Mr. President, I thank represents everything wrong with the getting a coupon or discount on a fu- my colleague for his kind remarks. We class action system today and under- ture purchase. The problem was many will certainly look at whatever he has scores the importance of reform—$19 attorneys were getting paid on the to offer in this matter. We will keep an million, where no one really gets any total number of coupons issued rather open mind and see if we can get to- benefits except a few they choose to be than the ones redeemed. Our legisla- gether. named plaintiffs, who get $2,500. The tion says their fees would only be based I rise in strong support of S. 1751, attorneys walk off wealthy, happy, fat, on the number of coupons actually re- Class Action Fairness Act of 2003. It and laughing. deemed, and I think that makes a great used to be S. 274, but now it is renum- The need to reform our class action deal of sense as well. It also says you bered to S. 1751. This bill represents a system is not a new issue to the Sen- cannot run a merry-go-round and con- carefully balanced legislative solution ate. The Judiciary Committee con- tinue trying to take cases from one in response to the widespread abuse of ducted hearings in the 105th, 106th, and court to the next. Under our legisla- the class action lawsuits in our State 107th Congresses, reporting a similar tion, we say defendants have a right to courts. Over the past decade, it has be- bill out of committee in the 106th Con- try to remove a case to the Federal come painfully obvious that class ac- gress on a bipartisan basis. We have re- court, but they cannot do it an unlim- tion abuses have reached epidemic pro- ceived mountains of evidence dem- onstrating the drastically increasing ited amount of times. Our legislation portions. What began as occasional injustices caused by class action simply says such removal would occur outrageous class action settlements, drawing light humor, has now become abuses. in a timely fashion, and we suggest After working extensively with nu- a routine occurrence that is just not within 30 days after filing of the com- merous legislative proposals through- funny anymore. It has become equally plaint. Surely the defendants know out the various Congresses, the com- clear that the true victims of this epi- whether they want to be in Federal mittee reported a bill—again with bi- demic have been every-day consumers court or State court. They cannot wait partisan support—which I believe pro- who represent the silent majority of up until the end of the case in the vides a measured response to the un- unnamed class members throughout State court, after years of litigation, derlying class action problem. and say, oops, we want to move it to the country. This being said, I would not be sur- Federal court and have that as an abso- It has become too common where prised to hear somebody deny the ex- lute right. They ought to do it in a plaintiff class members are not ade- istence of any problem at all. Others timely fashion. Our legislation address- quately informed of their rights or the will try to confuse the issue with dubi- es that as well. terms and practical implications of a ous claims that proposed reforms Mr. President, I will conclude my re- proposed class action settlement. Mak- would somehow disadvantage victims marks by saying the good Senator from ing matters worse, judges too often ap- with legitimate claims or further wors- Utah is a very respected chairman of prove settlements that primarily ben- en class action abuses. Others may the committee. I think he wants legis- efit class counsel, the attorneys, rather even contend past legislative reforms lation to pass. My fear is, unless we sit than the class members or the victims. have contributed to recent financial down and work together, we are going That is turning the law on its head. debacles and that the proposed reforms to have a stalemate. Both sides will In the coming days, we will hear nu- will encourage more. Rest assured, Mr. have an argument. Democrats will merous examples of egregious State President, such claims are nothing have one argument and Republicans court settlements, where class mem- more than red herrings intended to di- will have another argument, but the bers habitually receive little or noth- vert the debate from the real issues. result will be nothing will pass. ing of value, while their attorneys re- In this regard, let me emphasize a My approach is simply that we can ceive millions of dollars in fees. The few points regarding this bill. First, say don’t proceed to this bill until we cases are numerous, but just too exten- this bill doesn’t eliminate all State have had serious discussions between sive to list. court class action litigation. Class ac- both sides, such as we have done on as- To put these settlements in perspec- tion suits brought in State courts have bestos. I think those asbestos cases tive, allow me to share a recent class proven in many contexts to be an effec- have made progress. It is not quite action settlement that one of my own tive and desirable tool for protecting there yet, but they have made staff members recently actually re- consumer interests and rights. Nor do progress. Why? Because they have been ceived in the mail. This settlement no- the reforms we will discuss today in willing to sit and talk among all the tice comes from a State court in Jef- any way diminish the rights or prac- parties. I think we should do the same ferson County, TX. It involves the set- tical ability of victims to band to- thing with the class action litigation. tlement of a class action lawsuit gether to pursue claims against large We can say we are not going to proceed brought on behalf of purchasers of corporations. In fact, we have included to this bill until we have had an oppor- Bridgestone and Firestone tires. This several consumer protection provisions tunity to sit down and have good, le- technical legal document informs my in our legislation that I believe will gitimate discussions. staffer—an apparent class member by substantially improve plaintiffs’ I think we can come to an agreement virtue of owning a set of Firestone chances of achieving a fair result in so that we will not have the bill passed tires—of a proposed class action law- any settlement proposal. by just one vote or lose by one vote, suit settlement that will award the There are three key components to but rather have it pass by 75 or more lawyers $19 million in fees and costs. our legislation. First, the bill imple- votes in this body. I think that is pos- That is not a bad payday for lawyers ments consumer protections against sible, but it is going to take, first of when compared to what the clients get: abusive settlements by:

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.027 S20PT1 S12870 CONGRESSIONAL RECORD — SENATE October 20, 2003 No. 1, requiring simplified notices something positive might come out of they then turned around and sued the that explain to class members the their terrible experiences. plaintiffs for more money. terms of proposed class action settle- Among those who have come forward Take the Coca Cola sweetener case. ments and their rights with respect to is Irene Taylor of Tyler, TX, who was The lawyers got $1.5 million and the the proposed settlement in ‘‘plain bilked out of approximately $20,000 in a plaintiffs get a 50-cent, a 50-penny cou- English.’’ telemarketing scam that defrauded pon. I don’t know about you, but that No. 2, enhancing judicial scrutiny of senior citizens out of more than $200 also smells to me. Again, I am not the abhorrent coupon settlements. million. In a class action brought in against attorneys getting reasonable No. 3, providing a standard for judi- Madison County, IL, a notorious coun- fees, but it seems to me these are cial approval of settlements that would ty for these cases, a forum shop county scams more than anything else. They result in a net monetary loss to plain- where attorneys forum shop to get will say they are correcting societal tiffs. these big verdicts and these favorable wrongs, but why then do they get all No. 4, prohibiting bounties to class court rulings, the attorneys purport- the money and the plaintiffs who have representatives. edly representing Mrs. Taylor nego- to put their names on the line get rel- No. 5, prohibiting settlements that tiated a proposed settlement which will atively nothing? Talk about class ac- favor class members based upon geo- exclude her from any recovery whatso- tion abuse. graphic proximity to the courthouse. ever. Let’s go to that Blockbuster Video And No. 6, requiring notice of class Martha Preston of Baraboo, WI, pro- case. After being named in 23 class ac- action settlements be sent to appro- vides another excellent example. Ms. tion lawsuits, Blockbuster agreed to priate State and Federal authorities to Preston was involved in the famous provide class members with only $1-off provide them with sufficient informa- BancBoston case brought in coupons, ‘‘buy one get one free’’ cou- tion to determine whether the settle- State court which involved the bank’s pons, and free Blockbuster favorites ment is in the best interest of the citi- alleged failure to post interest to mort- video rentals . . . while attorneys are reported to receive around $9.2 million zens they represent. gage escrow accounts in a prompt man- in fees. That is according to the Second, the bill corrects a flaw in the ner. current diversity jurisdiction statute Although Ms. Preston received a set- RockyMountainNews.com. It just does that now prevents most interstate tlement of about $4, approximately $95 not seem right. But that is the way it is. class actions from being adjudicated in was deducted from her account to help The class action abuse I mentioned in Federal courts. Specifically, the Class pay the class action counsel’s legal fees the BancBoston settlement over dis- Action Fairness Act amends the diver- of $8.5 million. Notably, Ms. Preston puted accounting practices produced sity-of-citizenship jurisdiction statute testified before my committee 5 years $8.5 million in attorneys fees and actu- to allow larger interstate class actions ago asking us to stop these abusive ally cost class members around $80 to be adjudicated in Federal court by class action lawsuits, but it appears each. Later plaintiffs’ attorneys in this granting original jurisdiction in class that at least thus far her plea has not case also sued the class members—the actions where there is ‘‘minimal diver- been heard. So I urge my colleagues to individuals who they brought the suit sity’’ and the aggregate amount in con- support this modest effort to reform for—they sued them for an additional troversy among all class members ex- the abuses in the current system, $25 million. There is something wrong ceeds $5 million. abuses that are actually hurting those with that. I don’t care what anybody The bill balances the State’s interest the system is supposed to help. says. in local disputes by providing that Mr. President, I wish to take a Take this one. This is a class action class actions filed in the home State of minute or two with some charts to abuse, something this bill would cor- the primary defendants would remain show how bad the system is. Under cur- rect. There was a settlement with in State court subject to a triple-tiered rent law, in many State class action Cheerios over food additives that pro- formula that looks at the composition lawsuits, all of the money—every duced $2 million in attorneys fees while of the plaintiffs’ class membership. stinkin’ dime—goes to the attorneys. I class members only received coupons This formula has become known as the am not against attorneys. I am one for more Cheerios, something they Feinstein Compromise. myself. I think they deserve to be paid complained about to begin with. I hap- To enforce the jurisdictional reasonable fees, but in these class ac- pen to like Cheerios. I have nothing changes, the bill modifies the Federal tion suits every bit of the money goes against Cheerios. I eat them. But why removal statutes to ensure that quali- to attorneys. would attorneys get $2 million while fying interstate class actions initially In the BancBoston case, lawyers got class members get a coupon for another brought in State courts may be heard $8.5 million. In the case I just men- box of Cheerios? It does not seem right by Federal courts if any of the real par- tioned, some of the plaintiffs had to to me. ties in interest so desire. pay the attorneys additional moneys, As my colleagues can see, this is a Although some critics have argued getting nothing out of it, but the attor- policy that is being abused, and we are this amendment to diversity jurisdic- neys got $8.5 million. only mentioning a few of the abuses. I tion somehow violates the principles of I don’t know, but that just smells to have no problems with legitimate, hon- federalism or is inconsistent with the me a little bit. Maybe I am just too est class action suits where attorneys Constitution, I think their concerns critical, but when the attorneys who are acting in the best interests of their miss wide of their mark. I fully agree represent the clients get $8.5 million clients. But I do have problems with with Mr. Walter Dellinger, former So- and the clients have to again pay the some of these phony approaches that it licitor General, who previously testi- attorneys even more, there is some- seems to me are blatantly wrong on fied at one of our Judiciary Committee thing wrong with that. their face, where the attorneys get hearings that it is ‘‘difficult to under- Take the second one, the Blockbuster huge fees and the class members get stand any objection to the goal of case. The lawyers got $9.25 million. virtually nothing. That is what is hap- bringing to the Federal court cases of What did the plaintiffs get? One dollar pening in these particular cases. genuine national importance that fall off their next movie. Come on. Doesn’t This bill will correct some of those clearly within the jurisdiction con- that seem a little disproportionate to ills without taking away the right to ferred on those courts by article III of you, $9.25 million for attorneys and $1 pursue class actions, and in certain the Constitution.’’ for the client? Now, true, there are cases they will have to be pursued in Finally, I wish to express my appre- many clients, but it doesn’t seem too Federal court. I remember when I prac- ciation to the many individuals who right to me. ticed law—that was a long time ago, have shared with me the details of Take the frequent flier case. The law- before I became a Senator—we would their experiences of class action litiga- yers got $25 million. The plaintiffs got die to get into Federal court because tion. In particular, I am grateful to a coupon worth $25 to $75. Again, now I everybody knew it was a more impor- those victims of various abuses of the understand in that particular case—I tant case, that the Federal courts han- current system who have come forward may have it mixed up with another dle more important cases, people and told their stories in the hope that case—after getting a huge settlement, thought, and still do think that.

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.029 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12871 For some reason, these class action grace to our profession. This bill will and better, more honest judges will be lawyers do not want to go to Federal clarify and straighten out some of the deciding these cases along with better courts. Now, why is that? Because they wrongs that are going on. It is high and more honest juries. can forum shop into Madison County, time we do this. The only reason we I suggest the absence of a quorum. IL, where they get judges and jurors to might not do it is because there is a fil- The PRESIDING OFFICER. The hammer the defendants with out- ibuster on the motion to proceed. Nor- clerk will call the roll. rageous verdicts that benefit basically mally, we never have a filibuster on a The legislative clerk proceeded to only the attorneys. Now, that is wrong. motion to proceed. Normally, we just call the roll. There are at least five States in this go to the bill, and then if somebody Mr. LEAHY. Mr. President, I ask Nation where they forum shop class ac- wants to filibuster, they filibuster the unanimous consent that the order for tion cases. Grisham wrote a book about bill, especially if they have the votes. the quorum call be rescinded. this. He is a great storyteller, but I can Why not? The PRESIDING OFFICER (Mr. BEN- almost name every fictionalized attor- But a filibuster is happening even on NETT). Without objection, it is so or- ney in that book. the motion to proceed. Why is that? dered. Some of them are great lawyers. Why a filibuster to begin with, on Mr. LEAHY. Mr. President, we have Some of them are leaders in bringing something that really makes sense? heard discussion of the so-called Class litigation to correct societal wrongs. Because there are trial lawyers in this Action Fairness Act. I oppose the Class Some of them deserve credit for doing country who pay big premiums. That is Action Fairness Act for the simple rea- that. But this is a system that is out of why they make a lot of this money, so son that it is not fair. Actually, the control. This bill will help to straight- they can pay big premium dollars to legislation makes it more difficult for en it out, and I think resuscitate the politicians who will vote for them no citizens to protect themselves against respect for my profession because at- matter what the rules are. violations of State civil rights, con- torneys who bring these actions will I want to make it clear, not all class sumer, health, and environmental pro- have to do so pursuant to fairness and action lawyers are bad. Some of them tection laws. The way it would hurt rules that make sense rather than do what is right, and they are not them is it would force these cases out forum shop to areas where they can get afraid to go to Federal court. They of convenient State courts, which have big verdicts and big legal fees but do know they can get their big verdicts in experience with the legal facts and injustice. Federal courts as well because they issues involved in such cases; instead, Now I will speak about ‘‘Let’s Play have cases where they should get ver- it would push them into Federal courts Class Action Monopoly.’’ Go. Come up dicts. When we have these forum shop with new barriers to lawsuits, with new with an idea for a lawsuit, it states on cases, something is wrong. burdens on plaintiffs. the top of the board. Find a plaintiff to Why is it that we have to have a fili- For the many Americans who are pay off, or a set of plaintiffs. Make al- buster on the motion to proceed, or re- watching this debate, we have to at legations. You do not need any proof to quire a cloture vote on the motion to least mention the first, basic question make allegations. Get out of rule 23 proceed to a bill? Why do they not just that scheduling this debate right now free. So you get out of the rule. Con- let us bring the bill up, and then if raises. Here we are, 3 weeks beyond Oc- vince your magnet State court judge to they want to filibuster, filibuster the tober 1. October 1, of course, is the be- certify the class, which is also another bill? Because we are at the end of a ses- ginning of the new fiscal year. It is a scam in some of these jurisdictions sion where every minute counts, every deadline for passing the appropriations where the judges do not seem to appre- second counts, every hour counts, bills that fund the basic work of the ciate the law or abide by the law. every day counts. By delaying, those Federal Government. It is the law that File copycat lawsuits in State courts who do not want this bill can help their the House and the Senate must pass all over the country. Sue as many com- trial lawyer friends who are very in- the 14 appropriations bills that fund panies in as many States as possible volved in the political process because our Nation and do it by October 1. We even if they have no connection to the they have millions of dollars that, in have not done that. The Congress has State. many cases, they do not deserve; that not lived up to the responsibility the It states in the bottom right: Who they can give for political purposes to law mandates. We are in the final few gets the money? Go left on the bottom. keep these types of injustices going. weeks, if not days, of this congres- Columbia House case, $5 million for That is why this bill is important. sional session, but here we are, 3 weeks lawyers, discount coupons for plain- That is why there is a huge bipartisan past the legal deadline to do what we tiffs; Blockbuster case, $9.25 million for vote for this bill. are required to do, and what we are lawyers, free movie coupons for plain- The question is: Can we get 60 votes? paid to do, and instead we are devoting tiffs, and not too many of them; I personally believe we can. I believe it these precious days not to acting on BancBoston case, $8.5 million for law- would be a disgrace for this body to not the people’s priorities, but we will yers. Some plaintiffs pay more fees overwhelmingly vote for this bill. It is spend several days debating a bill rather than get anything out of it. a bipartisan bill. It has been well which is a priority of some special in- So in the bottom left, what happens thought out. We have worked hard to terests. to me? Your employer takes a hit, accommodate various members on both Over the past several weeks, I have maybe lays you off. Next one, your sides of the aisle. I think it will redeem received call after call from health and car insurance premiums go our profession from those fly-by-nights Vermonters who are more and more up. The lawyers win. You lose. who are just in it for the money, with- anxious over Congress’s ability—in I have tried cases on both sides of the out regard to helping their real clients. fact, Congress’s willingness—to finish table. I started out as a defense lawyer, I would like to see that happen be- appropriations for fiscal year 2004. I and I defended these types of cases. cause the law profession is a great pro- know other Senators, both Republicans Then in the latter years of my prac- fession, but in recent years it has been and Democrats, are getting similar tice, I became primarily a plaintiff’s steadily eroded by people who are not calls. I have told those Vermonters lawyer where I brought cases for and doing what is right in the profession. who call me to hang in there. I assure on behalf of individuals who were in- These are just some egregious cases them that Congress will eventually get jured. I brought cases for injured peo- that are all too often happening be- around to doing its work. ple and got them big verdicts they de- cause some lawyers do not do what is Then the Republican leadership de- served. They walked away with the right. cides to have us consider controversial bulk of the money, which is only right. I am for the good lawyers. But I am special interest legislation such as this Yes, they were happy to pay my fees against those who are just in it for the bill. Apparently the special interests because they always came out well. money and not really helping their cli- can go to the front of the line. The peo- In some of these cases, this is a scam. ents. This bill will not stop them from ple’s interests go to the back of the Now, there are legitimate class action bringing litigation, but it will even up line. I suggest we have it the wrong cases, but there are many of them out the situation so at least there will not way around. Do the people’s legislation there today that are not. It is a dis- be the same amount of forum shopping, first; do the appropriations bills first;

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.031 S20PT1 S12872 CONGRESSIONAL RECORD — SENATE October 20, 2003 do the things we are required to do by Let me tell you about a few of these has yet to take up and debate five im- law. Do the work that we go back home programs that are being pushed aside portant appropriations bills amounting and tell everybody we are going to do, so we can take up this special interest to $301 billion. and if there is time left over for the legislation. I hope the Senate gets down to the special interests, let them come up In the area of agriculture, there is business of the people and carries out then; don’t put them ahead of the peo- more than $1 billion in conservation as- the responsibilities given to us by the ple. sistance for farmers to help them im- Constitution: taking up, debating, and My colleagues and I who serve on the prove water quality and stop sprawling passing the remaining appropriations Appropriations Committee worked development. Last year, the aid was de- bills. And we can pass them. There will long and hard to get the fiscal year 2004 layed by more than 4 months. Each be a bipartisan majority of both Repub- bills voted out of our committee. We month is critical. The men and women licans and Democrats working together got them all out. They could go any- who farm in this country are just bare- to pass them, if we are even allowed to time they wanted. The Republican ly getting by. vote on them. We were allowed to vote leadership has decided not to. The They stalled the Justice spending bill on Iraq and special interest legislation. House has passed all 13 of the regular so we could get money as quickly as we Can we take a little bit of time to vote appropriations bills. They are waiting possibly could to the police forces of on legislation that actually helps the for the Senate to act. We are not act- Iraq. But because we stalled it, there is people of America? ing. Instead, we are bringing up special no money for the Bulletproof Vests The American people and the people interest legislation. Partnership Program which helps around the world depend upon the The new fiscal year began 3 weeks State and local police agencies buy ar- funds and services supplied through the ago, but the Senate has not even both- mored vests to protect the lives of spending measures that are now held ered to take up the appropriations bills their officers. This is a good bipartisan hostage. Let us do our job. Let us move that fund Agriculture or Commerce, program that Senator BEN NIGHTHORSE these bills. Let us spend a couple of Justice, State, and, our Federal law en- CAMPBELL and I put together. weeks on the floor of the Senate legis- forcement, the FBI, the Department of I have had police officers come up to lating for the people of America. It Justice, the actions we take to counter me all over the country, people I have would be a nice refreshing time. We terrorism. never met, who want to shake hands could pass these bills. As for Commerce, we might do that, and say, We really want to thank you Earlier this year, I joined with Sen- so we might actually get us some jobs and Senator CAMPBELL and those who ators KENNEDY, BIDEN, FEINGOLD, DUR- in this country at a time when we are joined you to help us get this money. BIN, and EDWARDS in requesting a hear- losing a million a year. Now I am going to have to tell them it Foreign operations? That hasn’t been ing on class action litigation in order is stalled. We had to wait to get the brought up. to help the Judiciary Committee de- Transportation? We all know our money for Iraq, that is fine, but now we velop consensus reforms—something roads and bridges and rail system are have to stall again because we have that we could have done. Republicans falling apart. We ought at least to be special interest legislation that comes and Democrats could have joined on it. voting. We may vote not to give any up. But our request was ignored. Actually, Take the COPS Program; this puts money to fix any of the problems of the our letter went unanswered. Nation. We did vote, incidentally, to new police officers on the community I ask unanimous consent that the send $87 billion to Iraq and we will fix streets and in our schools; the Violence letter be printed in the RECORD. their roads; we will fix their electrical Against Women Act programs that pro- There being no objection, the mate- system; we will fix their communica- vide services for victims of domestic rial was ordered to be printed in the tion system; we will fix their postal violence, sexual assault and stalking. RECORD, as follows: Those were all set aside so we could system; we will even give them a new U.S. SENATE, ZIP Code. But maybe we could take a bring up this special interest legisla- COMMITTEE ON THE JUDICIARY, few minutes and bring up those things tion. Washington, DC, March 25, 2003. that might actually pay for roads and All funding for transportation and Hon. ORRIN HATCH, transportation and electrical grids and critical infrastructure projects was Chairman, Senate Judiciary Committee, Senate bottled up. In fact, the Senate has Dirksen Building, Washington, DC. ZIP Codes in the United States. DEAR CHAIRMAN HATCH: We were surprised Veterans Affairs is in there. The ad- failed to pass the transportation reau- thorization bill. We don’t have time to by your announcement in last week’s Execu- ministration is cutting veterans bene- tive Business Meeting of the Judiciary Com- fits all over the country. They are cut- bring that up. We can bring up special mittee that S. 274, the Class Action Fairness ting our veterans hospitals. They are interest legislation, we can bring up Act of 2003, would be marked up ‘‘in the next cutting out what is available to our highways in Iraq, but we can’t bring up couple of weeks.’’ This bill, and indeed the veterans. At the same time we are ask- the highway transportation bill here in entire subject on the proper scope and dis- ing our men and women to serve in the United States. And what is the cost position of class actions cases, has been the Iraq, we are cutting out their money. to us? It is 90,000 jobs here in America. topic of intense and inconclusive debate for All foreign assistance to nations years. In fact, legislation similar to S. 274 We ought at least to bring that up. has failed repeatedly to pass the Senate. Let’s vote on it. other than Iraq and Afghanistan are on hold. In fact, all the funding to combat In light of this history and the far-reach- We voted to send money to the vet- ing impact of this legislation, we respect- erans of the Iraqi army. We voted to HIV/AIDS and other infectious diseases fully request that the Committee hold a send money there. We ought to spend is also on hold. hearing on class action litigation to help the some time here voting on veterans in We have another group of Americans Committee develop consensus reforms to the United States. awaiting action by Congress. Those are better serve defendants and plaintiffs before We have the Housing and Urban De- our veterans. They need Congress to the Committee proceeds to a markup on the velopment appropriations bills. We make basic decisions about their med- Class Action Fairness Act, S. 274. We look have a great housing shortage in this ical care and benefits, decisions that forward to working with you and other Mem- country. We just spent billions. We had are being held in limbo, and they have bers of the Committee on this effort, and ap- preciate your consideration of our request. plenty of time to vote billions of dol- no idea where we are going to go. Sincerely, lars to build houses in Iraq. We can’t These are priorities. American prior- PATRICK LEAHY. even bring up the housing bill for the ities are being set aside, and we will . United States, but this special interest take care of Iraq. We will take care of DICK DURBIN. legislation we do make time to address. the special interest legislation. In fact, TED KENNEDY. What I would say is: OK, we voted to the special interest legislation is going . do all these things now for the Iraqi to do more harm than help. RUSSELL D. FEINGOLD. people. Can we at least spend a day or I think the American people are enti- Mr. LEAHY. Mr. President, I had two voting on the same bills that tled to ask why we are bogged down hoped that the Judiciary Committee might help the American people at the considering this controversial and un- would undertake a deliberate and care- national, State, and local levels? fair class action bill when the Senate ful review of information from parties

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.035 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12873 actually involved in class action litiga- this bill is not the bill reported by the They said: You mean you don’t fire tion to provide a realistic picture of Judiciary Committee, S. 274. It is an- the judge and make him do it over the benefits and problems with class other bill—S. 1751—which was intro- again? duced last week. We didn’t have hear- actions. But instead of doing the work I said: You don’t understand our sys- for America, we are proceeding with a ings on that. We didn’t have votes on tem. It is not the Soviet Union. Here in special interest piece of legislation that. I guess the special interest says, the United States, we are able to ban which has repeatedly failed to pass the OK, as soon as you finish with the Senate in recent years. Our Judiciary roads in Iraq, as soon as you finish the together to take on the government. If Committee did not carry out the kind schools in Iraq, as soon as you finish the government is wrong, the govern- of thorough and thoughtful legal anal- giving the power grid to Iraq, as soon ment is going to lose. ysis of this difficult issue it should as you finish paying for the police offi- It was an eye-opener to them. Actu- have. The committee did not provide cers in Iraq, as soon as you are finished ally, it was a bit of an eye-opener to our fellow Senators with the assistance with veterans’ benefits for Iraq, before me because I realized those things we that they may want and need in this you do anything for American citizens, take for granted other countries complex area. give us our special interest legislation, haven’t had the opportunity to have. I acknowledge the hard work and and we can just drop it in and go for- I am old enough to remember the dedication of my friend, the senior ward. civil rights battles of the 1950s and the Senator from California, Mrs. FEIN- The special interest legislation will STEIN, who took on an enormous task, be subjected to the same shunting to a 1960s and the impact of class actions in attempting with her amendment to Federal court, and plaintiffs will en- vindicating basic rights through our rectify some of the harms created by dure the same unnecessary difficulties courts. When Congress sat back and did this bill. I appreciate the sincerity of in making their claims and pursuing nothing, when Presidents sat back and her concern. I appreciate the genuine their remedies. But these mass tort did nothing, it was class action law- effort she made. But her amendment cases are not class actions. They have suits that won. touches on only a sliver of the class ac- not been analyzed under rule 23 stand- The landmark Supreme Court deci- tion cases which this bill would af- ards or State law. sion of Brown v. Board of Education fect—only when plaintiffs and primary Mass tort actions have entirely dif- was a culmination of appeals from four defendants are from the same State— ferent procedural vehicles to reach jus- class action cases, three from Federal and even then it could cause harm. tice than class actions. They shouldn’t court decisions in Kansas, South Caro- At its core, this bill deprives citizens be lumped in with class actions in any lina, and Virginia, and one from a deci- of the right to sue on State law claims kind of class action bill, either this sion of the Supreme Court of Delaware. in their own State courts if the prin- misguided attempt or a better wrought cipal defendant is a citizen of another piece of legislation. Only the Supreme Court of Delaware, State, even if that defendant has a sub- Some special interest groups are dis- the State court, got the case right by stantial presence in the plaintiff’s torting the state of class action litiga- deciding for the African-American home State, and even if the harm done tion by relying on a few anecdotes and plaintiffs. was in the plaintiff’s home State. The an ends-oriented attempt to impede The State court justices understood amendment does not remedy that prob- plaintiffs bringing class action cases. If they were constrained by the existing lem. It burdens the plaintiff even more. we really want to correct things, we Supreme Court law but nonetheless I also want to recognize the sincere can and should take necessary steps to efforts made by my friend from Wis- held that the segregated schools of correct the problems in class action Delaware violated the 14th amendment. consin, Senator KOHL. I may disagree litigation. But simply shoving most The Federal courts did not get it right; with him about the nature of the prob- suits into Federal court with the new lem. I may disagree with the appro- before any Federal court did so, a State one-sided rules isn’t going to correct court rejected separate and unequal priate solution in this area. But I do so the real problems faced by plaintiffs respectfully. He has worked very hard, schools. The U.S. Supreme Court, to and defendants. It will clog up the Fed- their credit, joined in a unanimous de- and I appreciate his efforts. eral courts, but it won’t accomplish I would like to note the significant cision in Brown v. Board of Education anything. changes in the bill since it passed out and closed down the highly discredited We forget that our State-based tort of committee. separate but equal idea, Plessie v. Fer- system remains one of the greatest and As originally drafted, this bill in- guson. There was no separate but equal post powerful vehicles for justice any- cluded mass tort claims along with in the schools and they knew it—sepa- where in the world—no doubt around class actions. It actually treated them rate and unequal. The State courts re- the world—as a vehicle for justice. It like they were class actions. alized that first in a class action suit One improvement the Judiciary Com- lets ordinary people ban together to take on powerful corporations—some- and then the U.S. Supreme Court fol- mittee did manage to make to the bill lowed. was to strike that provision. We struck times even their own government. it. We voted on that, and we struck it. Defrauded investors, deceived con- Many civil rights advocates, includ- But somehow, mysteriously, after the sumers, victims of defective products, ing the Lawyers’ Committee for Civil bill left the committee with nobody and environmental torts, and thou- Rights Under Law, Leadership Council voting, that was reversed. Now mass sands of other ordinary people have on Civil Rights, Mexican American tort actions are again included in this been able to rely on class action law- Legal Defense and Education, and the bill. suits in their State court systems to National Asian Pacific Legal Consor- Just in case anybody says this is seek and receive justice. tium have written to Senators in oppo- what we voted out of committee, it is I remember when the Soviet Union sition to this legislation. The civil not. We changed that. broke up. A group of legislators from rights advocates conclude this legisla- Now we find out how we actually get the Duma came in to see me, as they tion ‘‘would discourage civil rights things changed in the committee be- did several other Senators. One of them class actions, impose substantial bar- cause, apparently, our friends on the asked a question. They said: We have riers to settling class actions and other side of the aisle could care less heard it is actually possible that citi- render federal courts unable to provide about what we actually did in com- zens in your country can ban together swift and effective administration of mittee. They just change it in the draft and sue the government. I said that is justice.’’ on the way over here. It is fascinating. true. I ask their letter, dated September I have never seen that in 29 years here. They said: We have heard further 16, 2003, be printed in the RECORD. But I guess we live under new rules. that not only do they sometimes sue In the old days, we just lived under the government, but there are times There being no objection, the mate- the Senator rules. But now we have the government loses. They win. rial was ordered to be printed in the rules outside the Senate rules. In fact, I said: Oh, yes. RECORD, as follows:

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.038 S20PT1 S12874 CONGRESSIONAL RECORD — SENATE October 20, 2003

LEADERSHIP CONFERENCE vented from competing by discrimination is National Organization for Women ON CIVIL RIGHTS, less than the total number of class members. National Partnership for Women and Fami- Washington, DC, September 16, 2003. If the price of trying to protect others is the lies OPPOSE THE CLASS ACTION FAIRNESS ACT OF loss of the full measure of individual relief, National Women’s Law Center 2003: IT WOULD IMPOSE NEW AND SUBSTAN- individuals will be deterred from becoming a NOW Legal Defense and Education Funds TIAL LIMITATIONS ON ACCESS TO COURTS FOR class representative. Thus, this provision People For the American Way VICTIMS OF DISCRIMINATION would hinder, rather than reform, civil Project Equality rights class actions. Religious Coalition for Reproductive Choice DEAR SENATOR: We, the 42 undersigned The bill could impose new, burdensome, civil rights organizations, write to express Sierra Club and unnecessary requirements on litigants UNITE! the opposition of the civil rights community and the Federal courts. It seeks to impose to S. 274, the Class Action Fairness Act to United Food and Commercial Workers Inter- inordinately difficult and costly notice re- national Union 2003, a bill that would substantially alter the quirements, which will needlessly com- constitutional distribution of judicial power. United Steelworkers of America plicate and delay the settlement of class ac- Women Employed If passed, this bill would: remove most state tions. Specifically, the proposed bill would law class actions into federal court; clog the require notice to Federal and state officials Mr. LEAHY. We all know without federal courts with state law cases and make based on the residence of all class members consolidating procedures, such as class it more difficult to have federal civil rights and would require a 120-day waiting period. action lawsuits, it might be impossible cases heard; deter people from bringing class These additional, substantial and costly no- for plaintiffs to receive effective legal actions; and impose barriers and burdens on tice requirements and built-in delays are not representation. Lawyers tend to be settlement of class actions. a matter of due process, but are overly bur- Class actions are essential to the enforce- paid by the hour. They are well paid. densome and improperly assume that Fed- But lawyers usually hope they get a ment of our nation’s civil rights laws. They eral and state officials have both proper in- are often the only means by which individ- terest in, and a capacity to respond to, each portion of the proceedings to take on uals can challenge and obtain relief from and every class action. either the governmental or culprit de- systemic discrimination. Indeed, federal For the reasons stated above, the proposed fendants. They have to do so on a case- class actions were designed to accommodate, Class Action Fairness Act of 2003 could dis- by-case individual basis. Sometimes and have served as a primary vehicle for, courage civil rights class actions, impose that is what cheaters count on. That is civil rights litigation seeking broad equi- substantial barriers to settling class actions, how the cheaters get by on their table relief. and render Federal courts unable to provide There are several reasons why the civil swift and effective administration of justice. schemes. If you cheat thousands of peo- rights community is troubled by this par- The bill also compromises delicate Federal/ ple just a little bit, you still cheat; if ticular legislation: State relations by questioning the com- you only cheat them by $3 or $4, no- This bill will overburden and create fur- petency of the state judiciary and overbur- body will sue them. But if you are ther unnecessary delay in our federal courts. dening our already overworked Federal cheating a million people of $3 or $4 This bill will amend federal law to extend courts. In short, we believe the impact of each, it adds up. federal jurisdiction to most state class ac- this legislation would be profound, and Class actions allow the little guys to tions, overloading federal courts and inevi- would result in new and substantial limita- band together and get a competent tably delaying the resolution of all cases in tions on access to the courts for victims of federal court, including many civil rights discrimination. We, therefore, urge you to lawyer and address wrongdoing. The claims. The effect of these provisions will be reject this harmful legislation. If you have best class action made it possible for particularly damaging in cases where civil any questions, or need further information, individual tobacco victims to take on rights plaintiffs are seeking immediate in- please contact Nancy Zirkin, LCCR Deputy the powerful tobacco conglomerates in junctive relief to prohibit discriminatory Director/Director of Public Policy, at 202/263– ways individuals could not. It allows practices of a defendant. 2880. stockholders and small investors to The bill will burden the federal judiciary, Sincerely, join together and go after investment rendering it a less effectual mechanism by Leadership Conference on Civil Rights which plaintiffs may seek access to justice. ADA Watch/National Coalition for Disability scams. We strongly believe that S. 274 is an unneces- Rights Another example of a class action sary attempt to impose federal judicial regu- AFL–CIO litigation serving the public interest is lation on matters of law clearly committed Alliance for Justice the Firestone tire debacle. The na- to the states under our Constitution. Indeed, American Association of University Women tional tire recall was started in part by the determination of state law tort, contract American Civil Liberties Union the disclosure of internal corporate and consumer cases is, unequivocally, not American Federation of Government Em- documents on consumer complaints of the responsibility of the federal judiciary ployees tire defects and design errors that were American Federation of State, County and under the Constitution. The imposition of discovered in the litigation against such substantial new responsibilities on the Municipal Employees federal courts will further impair the ability American-Arab Anti-Discrimination Com- Bridgestone/Firestone, Inc. Then the of those courts to carry out the essential mittee plaintiff’s attorneys turned this infor- functions they are intended to serve under Americans for Democratic Action mation over to the National Highway the Constitution—the determination of mat- Bazelon Center for Mental Health Law Safety Administration. That started a ters involving Federal interests, rights and Center for Women Policy Studies Government investigation. responsibilities. In short, true access to the Commission on Social Action of Reform Ju- Months later, because some people Federal courts and to the class action device daism had banded together, Bridgestone/Fire- to secure justice in matters where Federal Disability Rights Education and Defense stone finally did what they should have issues are at stake would be severely cur- Fund tailed by enactment of this legislation. Federally Employed Women done right from the beginning: They The bill could discourage people from Jewish Labor Committee recalled 6.5 million tires—but not until bringing class actions by prohibiting settle- Lawyers’ Committee for Civil Rights Under after there were 101 fatalities, 400 inju- ments that provide named plaintiffs full re- Law ries, and 2,026 consumer complaints. lief for their claims. Now, for example, a Mexican American Legal Defense and Edu- As reported by Time magazine at the named plaintiff who sues an employer can re- cational Fund time, it is doubtful that the internal ceive a full award of back pay, and in a prop- NAACP Legal Defense and Educational Fund corporate consumer complaint infor- er case, obtain an order placing him or her in National Alliance of Postal and Federal Em- mation would have ever seen the light the job denied because of discrimination, ployees while also affording all members of the class National Association for the Advancement of of day absent the civil rights justice the opportunity to share in available relief. Colored People discovery process. However, under the guise of protecting class National Association for Equal Opportunity The bill before the Senate creates members, the language of the proposed bill in Higher Ed unique risks and obstacles to plaintiffs prohibits courts from approving settlements National Bar Association that are not in the current system. A that ‘‘provide[] for the payment of a greater National Center on Poverty Law particularly troubling aspect of S. 1751 share the award to a class representative National Coalition on Black Civic Participa- is it allows the removal of a case at . . . than that awarded to the other class tion any time. Anybody who has ever prac- members.’’ This language is susceptible to National Committee on Pay Equity the interpretation that it prevents the award National Employment Lawyers Association ticed law, anybody who has ever liti- of positions or ‘‘rightful place’’ seniority to National Fair Housing Alliance gated cases—and I, as many other Sen- class representatives where the number of National Gay and Lesbian Task Force ators, have—knows the possibilities for vacancies for which class members were pre- National Legal Aid and Defender Association abusing this provision are obvious.

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.003 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12875 As more than 100 legal experts, law the Advisory Committee on the Civil Rules responsive to complaints of abuses, and have professors, noted in a letter to the dis- to deal with others. If it is enacted in its instituted corrective measures, such as al- tinguished Republican leader and the present form, the rulemaking process would lowing petitions for interlocutory appeal distinguished Democratic leader, Sen- become politicized, and lobbyists’ demands from orders granting or denying class certifi- would replace the careful consideration now cation. The Federal courts have adopted ators FRIST and DASCHLE, they said: given to these matters. In the event that Rule 23(f) of the Federal Rules of Civil Proce- This would give a defendant the power to Congress deems it necessary to legislate as dure, and many State courts have followed yank a case away from a state-court judge to areas traditionally covered by court rules, suit. who has properly issued pretrial rulings the we urge that the legislation be as limited as The need for a state court to interpret the defendant does not like, and would encour- possible, that this part of the legislation be law of a different state has never been seen age a level of forum-shopping never before in the form of rules rather than freestanding as an adequate justification for removal. Ar- seen in this country. Moreover, this provi- statutes, and that the legislation expressly ticle III of the Constitution does not recog- sion would allow an unscrupulous defendant, preserve the ability of the Advisory Com- nize this as a basis for federal-court jurisdic- anxious to put off the day of judgment so mittee on the Federal Rules, the U.S. Judi- tion and the Full Faith and Credit clause al- that more assets could be hidden, to remove cial Conference, and the Supreme Court to ready requires state courts to accord respect a case on the eve of a state-court trial, re- amend the new rules or procedures to the ex- to the laws of their sister states. As a prac- sulting in automatic delay of months or even tent necessary to accomplish their purposes tical matter, state courts frequently have to years before the case would be tried in Fed- more effectively or to cure any unantici- interpret the law of different states even in eral courts. pated problems. Congress would, as always, individual cases properly brought in state I ask unanimous consent that the have the final say under the Rules Enabling courts. This is part of the normal business of letter of the 100 law professors be print- Act. the state courts, not a reason for federal ju- ed in the RECORD. The administration of justice would also be risdiction. There being no objection, the mate- harmed by removing much of the ability of CONSTITUTIONAL ISSUES rial was ordered to be printed in the state courts to construe their own laws. There is substantial cause to doubt the Many important questions are most likely to RECORD, as follows: constitutionality of a massive transfer of arise when the stakes make it worthwhile to state-court cases to federal courts. This JUNE 3, 2003. litigate them, i.e., in class actions or other transfer would effectively substitute federal- Hon. WILLIAM FRIST, large cases. When the case is removed to fed- court Rule 23 class certification standards Majority Leader, Dirksen Senate Office Build- eral court, the federal court cannot give a ing, U.S. Senate, Washington, DC. for the class certification standards set forth definitive interpretation of state law, but in the statutes, court rules, and case law of Hon. TOM DASCHLE, can only predict what the state supreme Minority Leader, Hart Senate Office Building, the various states. Unbelievably, such a sub- court would find state law to be, if the state stitution would provide for dismissal of cases U.S. Senate, Washington, DC. supreme court had the same case. If there DEAR SENATORS FRIST AND DASCHLE: We that do not meet the federal standards even are other cases from other parts of the coun- though they may meet the standards of the are professors of constitutional law, civil try against the same defendant, even with- procedure, and other subjects, at law schools states, and even though the standards of the out any overlapping classes, the Judicial states may meet every requirement of due across the nation. We are writing this letter Panel on Multidistrict Litigation may assign because of grave concerns over the so-called process. The Supreme Court has not devoted the case—and the task of interpreting state nearly as much attention to construing the ‘‘Class Action Fairness Act’’ (S. 274) and its law—to a federal court thousands of miles House counterpart (H.R. 1115), specifically Tenth Amendment to the Constitution as it away. Not every state has adopted proce- has devoted to the Eleventh Amendment, but the effect these bills would have on the ad- dures allowing a federal court to certify ministration of justice in the United States passage of S. 274 or its House counterpart state-law questions so there may be no prac- may change that comparative lack of atten- and on the ability of American consumers, tical means by which a federal court in To- small businesses, and others to obtain relief tion. peka, for example, may be able to obtain Similarly, the ‘‘minimal diversity’’ trigger for injuries done to them. We also have seri- guidance as to the law of California. ous questions about the constitutionality of for removal under S. 274 and its House coun- A further unwarranted provision in S. 274 terpart creates an untested and unprece- the Act. We urge the Senate to reject this would allow a defendant to remove state-law legislation. dented expansion of diversity jurisdiction cases filed against it in the courts of its own under Article III of the Constitution. Con- PRACTICAL EFFECT OF ENACTING THE BILL INTO home state, where it chose to be incor- gress certainly has the power to expand di- LAW porated or chose to have its principal place versity jurisdiction to reach cases in which As approved by the Senate Judiciary Com- of business. This type of removal has long one party on one side of a case is diverse mittee, S. 274 would result in transferring to been considered an abuse, and is forbidden by from any adverse party, see 28 U.S.C. the federal courts jurisdiction over most current law. § 1335(a)(1) (the interpleader statute). There Equally troubling is a provision in S. 274 class actions filed in state courts, under is, however, substantial cause to doubt the that allows removal of a case at any time. state law. The Federal courts do not have constitutionality of these bills’ approach, in This would give a defendant the power to the resources to administer justice to both which diversity is based on the citizenship of yank a case away from a state-court judge their present dockets and the large number any potential class members. We say ‘‘poten- who has properly issued pretrial rulings the of complex state-court cases that would be tial’’ because the bill allows removal of a defendant does not like, and would encour- added if S. 274 or its House counterpart were case before the state court has even decided age a level of forum-shopping never before to become law. Passage of the bill would lead that the case should go forward as a class ac- seen in this country. Moreover, this provi- to significant delays in all the business of tion, or what the scope of the class should sion would allow an unscrupulous defendant, the federal courts, harming the ability of the be. While class members are to be protected anxious to put off the day of judgment so federal courts to decide cases that only they by the court, and while their rights may be that more assets can be hidden, to remove a can decide, or in which there is a strong fed- determined by the class action, they are not case on the eve of a state-court trial, result- eral interest. full parties to the action. Prior to the deter- ing in an automatic delay of months or even ENACTMENT OF THE BILL WOULD HARM THE mination of liability and a proceeding on years before the case can be tried in federal ABILITY OF PLAINTIFFS TO OBTAIN JUSTICE class members’ individual remedies, unless courts. The House bill creates an even fur- We believe that several specific provisions they intervene and become parties, they do ther opportunity for delay, by overruling in the bill would be very unwise. The federal not individually have the right to take dis- Rule 23(f)’s provision for obtaining permis- courts have responded to claims of abuse in covery from the defendants, to file motions sion from a court of appeals to appeal a class class-action procedures by studying the in court, to question witnesses, to introduce certification ruling, and providing for a right claims, inviting comments from bar associa- evidence, or even to take an appeal from an to trigger an automatic appeal and for an tions, attorneys and others, carefully consid- adverse ruling. Yet, under this legislation automatic stay of discovery while the appeal ering the comments, proposing draft rules, they would be allowed to remove a complex is pending, even if there is no legal basis for receiving comments on the drafts, and fine- state law class action into federal court. tuning their proposals. If a reform is inad- an appeal. At the very least, litigation over the con- equate to meet the need, they can propose LACK OF JUSTIFICATION FOR A REMEDY THIS stitutionality of the bill is likely to embroil refinements. A substantial set of changes to SWEEPING the courts for years and is yet a further rea- Rule 23, the class action rule, are expected to We understand that the supporters of the son to oppose the enactment of this mis- go into effect on December 1, 2003, in the bill base its justification on assertions that guided legislation. We urge you to consider event that Congress does not direct other- the courts in one or two counties in the our concerns about the unwarranted changes wise. All of these changes were made pursu- United States have too freely granted class this legislation mandates as well as the very ant to the Rules Enabling Act, the process certifications in some cases. The bill is not troubling aspects of the legislation that un- Congress created to try to keep politics out limited to curing claimed abuses in one or dermine fair administration of justice in the of the process of setting rules for the judici- two counties, but applies equally to the 3,066 federal and state judicial systems in the ary. Sec. 3 of S. 274 would override some of counties in which there is not even a claimed United States. these changes, and elminate the ability of problem. In general, courts have been very Respectfully submitted.

VerDate jul 14 2003 01:17 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.041 S20PT1 S12876 CONGRESSIONAL RECORD — SENATE October 20, 2003 Mr. LEAHY. Added to the ‘‘removal- to me that is the exact opposite to the away an important and traditional function at-any-time’’ problems in the legisla- approach we should be taking. of state courts and will slow—and in some tion are the hurdles established by Now, not surprisingly, consumers and cases thwart—the continual interpretation those representing consumers object of state law. Federal court decisions on Senator FEINSTEIN’s amendment adopt- issues of state law solve the narrow legal ed in committee. I know it is well in- strongly to the enactment of this legis- issue of the particular case without pro- tentioned, but the amendment does set lation. viding legal precedent for future state court up cumbersome requirements for deter- I ask unanimous consent to have cases of the particular state law in question. mining whether an action is to be printed in the RECORD letters from nu- Further, class actions are among the most heard in State or Federal court. It pro- merous consumer advocates in opposi- resource-intensive cases before the federal vides that a Federal judge may use five tion to this bill. judiciary. U.S. Supreme Court Chief Justice factors in deciding jurisdiction of a There being no objection, the mate- William Rehnquist has expressed concern rial was ordered to be printed in the that this bill will result in further over- class action where between one-third loading an already-backlogged federal dock- RECORD, as follows: and two-thirds of the plaintiffs are et. from the same State as primary de- CONSUMERS UNION, CONSUMER FED- We agree that class actions can be made a fendants; and if two-thirds of the plain- ERATION OF AMERICA, U.S. PUBLIC more effective means of consumer redress; tiffs are from the same State as the INTEREST RESEARCH GROUP, we support changes to the class action sys- primary defendants, then the case will February 5, 2003. tem that would prevent unjust enrichment DEAR SENATOR: we are writing to you as and act as a deterrent to future wrongdoing, stay in State court. organizations dedicated to working on behalf The bill fails to determine when this including modification of notice require- of the rights and interests of consumers to ments and simplification of certification measurement takes place during the express our opposition to S. 274, the ‘‘Class procedures and standards; but the jurisdic- litigation. It has been my experience Action Fairness Act of 2003.’’ This legislation tional changes mandated by S. 274 are de- that membership in class actions fre- will deny consumers access to adequate re- signed to impede class actions, not to make quently changes. So the two-thirds pro- dress against corporate wrongdoers and will them fairer or more efficient. vision or the middle-third provision undermine the ability of state courts to hear This class action ‘‘reform’’ legislation is which is subject to judicial discretion cases primarily concerned with their own especially inappropriate in light of recent citizens. While class actions are an impor- could open up easily to judicial games- events. Just last year in the scandals of tant and efficient legal tool for consumers to Enron, WorldCom and others, we saw how manship. The defendant could try to use in order to obtain redress from wrong corporations need to be held accountable for remove a case from State court at the doing, we are concerned about abuses of the their actions. Class actions effectively hold discovery stage. Someone takes a depo- class action process and agree that these corporations accountable. sition and finds, oops, this is going abuses should be curtailed. However, S. 274 S. 274 does not provide the right solution against us, let’s get it out of here. Or will not eliminate these abuses, but rather to a class action system in need of reform; the judge has made a ruling they do would create barriers to a consumer’s effort rather it makes it more difficult for con- not like and they know they can never to obtain redress. S. 274 is unfair to con- sumers to obtain redress, to hold bad actors sumers and we urge you to oppose it. accountable for the harms they caused, and win on appeal, let’s get it out of here, Congress should work to prevent unjust en- to deter future misconduct. The Class Action even after all the evidence is presented, richment by lawyers at the expense of con- Fairness Act will substantially reduce the ef- or after closing arguments. sumers in class action settlements. This leg- fectiveness of one of the most important Actually, the way the bill is cur- islation however, will not solve this problem. legal tools consumers now have. rently written, it could be done while Instead, while purporting to curtail class ac- We strongly urge you to oppose S. 274. We the jury is deliberating. Considering tion abuses, S. 274 will virtually wipe out urge you to do the right thing for American the vast resources of defendants in state class actions and thus remove an im- consumers. many class actions as compared to portant venue for redress of injury or fraud Sincerely, for consumers. The bill will make it more SALLY GREENBERG, plaintiffs, it will make it more difficult difficult for consumers to obtain effective Senior Product Safety for class members to ever have a final and efficient judicial relief for injuries Counsel, Consumers ruling, where the bill will cause unnec- caused by defective products, fraud in the Union. essary and expensive litigation. It fa- marketplace, or discrimination. RACHEL WEINTRAUB, vors corporate defendants. Congress should seek to hold negligent Assistant General I like to think the scale of justice is wrongdoers accountable for their actions. Counsel, Consumers even. This tilts the scale of justice and Yet this bill does just the opposite: it places Federation of Amer- it will bounce right off the stand. obstacles to accountability by providing ica. If there were ever a time to think fewer incentives for companies to keep their CHRIS PETERSON, products safe and their action fair. about protecting the consumers, the Consumer Attorney, S. 274 will create numerous barriers to par- U.S. Public Interest investors, and the employees, think of ticipating in class actions by permitting de- Research Group. Enron, WorldCom, and other corporate fendants to remove most state class action scandals. Think of the employees who suits to federal court. This removal from JUDICIAL CONFERENCE OF worked so hard and were told to put state court to federal court would leave con- THE UNITED STATES, their money in the corporate pension sumers shuttling back and forth between Washington, DC, March 26, 2003. program. Look what has happened. state and federal court because while a con- Hon. ORRIN G. HATCH, Look at the employee investors. I am sumers’ class could meet state law class cer- Chair, Committee on the Judiciary, U.S. Senate, tification requirements, it could fail to meet not too concerned about some of the Dirksen Senate Office Building, Wash- the class certification requirements set forth ington, DC. leaders of a company like that. They in federal law. This will result in the federal DEAR CHAIRMAN HATCH: I write to provide might have to sell one of the $50 mil- courts’ denial of class certification and dis- you with the recently adopted views of the lion homes or they no longer will have missal (not remand) of the case. A consumer Judicial Conference of the United States, the several billions of dollars but rather would not have two options, none of which policymaking body for the Federal judiciary, several hundred million, but I am wor- would result in access to a court proceeding. on class action legislation, including S. 274, ried about the people who truly had A consumer could bring the claim in state the ‘‘Class Action Fairness Act of 2003,’’ in- their lifesavings or their pension de- court as an individual action. However, indi- troduced by you and other cosponsors. vidual cases would be impractical to litigate, On March 18, 2003, the Judicial Conference stroyed or their company destroyed. would not have the same deterrent effect, unanimously adopted the following rec- This bill does nothing to make the and would have the potential to overwhelm ommendation: ‘‘That the Judicial Con- Enrons of the world more accountable state courts. In the alternative, consumers ference recognize that the use of minimal di- for their actions. Actually, the bill un- could re-file an amended class certification versity of citizenship may be appropriate to dercuts Congress’s other efforts to in state court. This re-filing again opens the the maintenance of significant multi-State make the companies more responsible door created by S. 274 for the defendant to class action litigation in the Federal courts, or accountable for their misdeeds or remove the case to federal court. while continuing to oppose class action leg- more susceptible to penalties when S. 274 will also clog an already overbur- islation that contains jurisdictional provi- dened and understaffed federal judiciary and sions that are similar to those in the bills in- they do wrong. The legislation makes slow the pace of certifying class action cases. troduced in the 106th and 107th Congresses. If it more difficult for the victims of cor- This considerable delay will likely result in Congress determines that certain class ac- porate wrongdoing to join to make the denial of justice to injured consumers. In tions should be brought within the original those companies accountable. It seems addition, this removal to federal court takes and removal jurisdiction of the Federal

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.042 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12877 courts on the basis of minimal diversity of crafting exceptions to minimal diversity ju- from State to Federal court. Not only citizenship and an aggregation of claims, risdiction for class actions. These factors are does this deny State courts the oppor- Congress should be encouraged to include intended to identify those class actions in tunity to interpret their own State’s sufficient limitations and threshold require- which the forum State has a considerable in- ments so that Federal courts are not unduly terest, and would not likely threaten the co- environmental protection laws, but it burdened and States’ jurisdiction over in- ordination of significant multi-State class also hampers and deters plaintiffs in State class actions is left undisturbed, such action litigation through minimal diversity. pursuing important environmental liti- as by employing provisions to raise the juris- (The factors do recognize certain situations gation. It means we Vermonters would dictional threshold and to fashion exceptions where plaintiffs from another State may be not have a say in our own courts—or to such jurisdiction that would preserve a included in an otherwise in-State action.) those in Utah or in any other State. role for the State courts in the handling of The first factor would apply to class ac- Under this bill, environmental class tions in which citizens of the forum State in-State class actions. Such exceptions for action suits may not get litigated, re- in-State class actions may appropriately in- make up substantially all of the members of clude such factors as whether substantially the plaintiff class. Such an in-State class ac- ducing the incentive to keep our envi- all members of the class are citizens of a sin- tion exception could include consumer class ronment clean. Plaintiffs’ attorneys gle State, the relationship of the defendants action claims, such as fraud and breach of may not be willing to take these high- to the forum State, or whether the claims warranty claims. The second factor would risk, high-cost, and time-consuming arise from death, personal injury, or physical apply to a class action in which plaintiff cases, particularly when what they are property damage within the State. Further, class members suffered personal injury or physical property damage within the State, looking for is injunctive relief. That is the Conference should continue to explore an injunction to stop the polluter from additional approaches to the consolidation as in the case of a serious environmental dis- and coordination of overlapping or duplica- aster. It would apply to all individuals who polluting. Intentionally or not, this tive class actions that do not unduly intrude suffered personal injuries or losses to phys- bill protects polluters and ignores in- on State courts or burden Federal courts.’’ ical property, whether or not they were citi- nocent victims of their negligence. The Conference in 1999 opposed the class zens of the State in question. The third fac- Just a few months ago, as I recall, we action provisions in legislation then pending tor recognizes that it may be appropriate to read about a horrible toxic dumping (S. 353; H.R. 1875, 106th Cong.). That opposi- consider the relationship of the defendants to the forum State. Such consideration is situation in Alabama and a monu- tion was based on concerns that the provi- mental settlement in State court to sions would add substantially to the work- not intended to embrace the term ‘‘primary load of the Federal courts and are incon- defendants’’ (or a similar term), which lan- clean up an entire community. It was sistent with principles of Federalism. The guage has been used in past and present class in State court, though—in State court. March 2003 position makes clear that such action bills as part of an exception to mini- In Anniston, AL, the Monsanto Com- opposition continues to apply to similar ju- mal diversity. Such a reading could extend pany manufactured PCBs—carcino- minimal diversity jurisdiction to cases in risdictional provisions. gens—from 1929 to 1971. For more than which a single important defendant lacked The Conference recognizes, however, that 40 years, in arrogant—arrogant—dis- Congress may decide to base a statutory ap- in-State citizenship. While the relationship of the defendant to the forum may have gusting disregard of people’s health proach to remedy current problems with and the environment, Monsanto class action litigation by using minimal di- some bearing on State adjudicatory power, versity jurisdiction. The Conference position an insistence that all primary defendants dumped untreated, unfiltered waste maintain formal in-State citizenship is too recognizes that the use of minimal diversity from its PCB plant into the streams limiting and may preclude in-State class ac- may be appropriate to the maintenance of and landfills of Anniston. They never tions where a defendant has sufficient con- significant multi-State class action litiga- let the residents—many of whom actu- tacts with the forum State, regardless of tion in the Federal courts. The use of the citizenship. ally worked, and worked very hard, for term ‘‘significant multi-State class action We would appreciate your consideration of Monsanto—they never let them know litigation’’ focuses on the possibility of these comments and the position of the Judi- of the horrific risk to their environ- multi-State membership within the plaintiff cial Conference. Should you or your staff ment and their health. class. The actions to which this term applies have any questions, please contact Michael When the undeniable truth of are nationwide class actions, as well as class W. Blommer, Assistant Director, Office of actions whose members include claimants Monsanto’s malfeasance became clear, Legislative Affairs, Administrative Office of several thousand residents of Anniston from States within a smaller region or sec- the U.S. Courts, at (202) 502–1700. tion of the country. Minimal diversity in Sincerely, sued in State court. They recently won these cases would facilitate the disposition LEONIDAS RALPH MECHAM, a liability jury verdict. When the case of litigation that affects the interest of citi- Secretary. moved into the damages phase, Mon- zens of many States and, through their citi- Mr. LEAHY. Last year a group of in- santo was not out there defending and zens, affects the many States themselves. saying: Well, we did not do something Parallel in-State class actions in which the vestors recovered millions of dollars in plaintiff class is defined as limited to the lost investments under State corporate bad. They knew they did something citizens of the forum State are not included fraud laws and a State class action terrible. They did not start arguing within the term ‘‘significant multi-State case in Baptist Foundation of Arizona about: Well, people were not injured by class action litigation.’’ Parallel in-State v. Arthur Andersen. These investors, it. They knew they were injured by it. class action might share common questions mostly elderly, banded together to suc- So what did they do? They tried to of law and fact with similar in-State actions cessfully recoup $217 million from Ar- get the judge removed. That is what in other States, but would not, as suggested they tried to do. Although the Ala- herein, typically seek relief in one State on thur Andersen. Why? Because of ques- tionable accounting practices sur- bama Supreme Court, a conservative behalf of the citizens living in another State. supreme court, had already held that Accordingly, parallel in-State class actions rounding an investment trust. The case would not present, on a broad or national is just one example of how a State- the trial judge was acting properly, scale, the problems of State projections of based class action litigation holds cor- Monsanto continued to oppose his par- law beyond its borders and would present few porate wrongdoers accountable and ticipation. They tried everything they of the choice of law problems associated with helps defrauded investors recoup their possibly could do to confuse people and nationwide class action litigation. In addi- losses. escape facing up to the issues. They tion, to the extent problems arise as a result Like most Vermonters, I am a strong then had to focus on the merits of the of overlapping and duplicative in-State class supporter of the environment. But I case and settled with the local resi- actions within a particular State, the State dents for $600 million and pledged to legislative and judicial branches could ad- look at this bill and I think, what a dress the problem if they were to create or green light for polluters and others re- pay additional cleanup costs for the utilize an entity similar to the Judicial sponsible for environmental damages town. Panel on Multidistrict Litigation, as some to avoid accountability in court. So The Alabama Supreme Court, the States have done. many polluters, who would fear class Alabama State court, did this very Further, the position seeks to encourage action suits if they were to violate the well. Not under this bill. Under this Congress to include sufficient limitations law, now know they could get caught. bill, it would have been yanked away and threshold requirements so as not to un- With this legislation, they might take from those courts, yanked away from duly burden the Federal courts and to fash- ion exceptions to the minimal diversity re- the old idea of: Go ahead and pollute; the Alabama State court, yanked away gime that would preserve a role for the State nobody gives a hoot. They are going to from the Alabama Supreme Court, and courts in the handling of in-State class ac- get away with it. stuck into Federal court. tions. The position identifies three such fac- This legislation removes almost all Why? More than 100 people lived in tors that may be appropriately considered in important environmental class actions Anniston. Even though all the people

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.016 S20PT1 S12878 CONGRESSIONAL RECORD — SENATE October 20, 2003 suffered, they lived just a block or a position to S. 274, the so-called ‘‘Class Action they were citizens of the state in question.’’ driveway from each other. We, those of Fairness Act of 2003.’’ This legislation would S. 274 does not provide any exception for en- us who say we really care about States not be fair to citizens bringing class action vironmental harm cases. having their rights, would reach down cases based on state environmental or public As U.S. Supreme Court Chief Justice health protection laws who wish to have Rehnquist has stated in the past, ‘‘Congress and yank it right out of the State and their cases heard by their state’s courts. The should commit itself to conserving the fed- say: You are not good enough to handle bill would allow corporate defendants in pol- eral courts as a distinctive judicial forum of the case that involves your own people. lution class actions to remove virtually any limited jurisdiction in our system of fed- Cases such as this one would provide type of state environmental law case from eralism. Civil and criminal jurisdiction hard evidence that our State-based state court to federal court, placing such should be assigned to the federal courts only civil justice system is working—it is cases in a forum that could be more costly, to further clearly defined national interests, working—to protect the environment less timely, and disadvantageous to the cit- leaving to the state courts the responsibility and to protect victims of polluters, and izen plaintiffs. We urge you to oppose this for adjudicating all other matters.’’ The so- anti-environmental legislation. there is no reason to prefer a Federal called ‘‘Class Action Fairness Act’’ does not Class actions protect the public’s health conserve the federal forum but would allow reform for resolution of their claims. and the environment by allowing people with corporate polluters who harm the public’s State courts, unlike the Federal similar injuries to join together for more ef- health and welfare to exploit that forum courts, have a sound understanding of ficient and cost-effective adjudication of whenever they perceive an advantage to de- evolving local law and the open dock- their cases. All too often, hazardous spills or fending class actions in federal court, re- ets to resolve conflicts in a manner toxic contamination from one source affects gardless of whether the class action would be that would protect our society from large numbers of people, not all of whom better adjudicated in a state court. may be citizens of the same state. In such We urge you to oppose S. 274, legislation polluters. cases, a class action lawsuit based on state In fact, we ought to at least ask, Do that would benefit polluters at the expense common law doctrines of negligence or nui- of people and communities harmed by public the Federal courts want this? The Ju- sance, or upon rights and duties created by health and environmental disasters. dicial Conference, headed by Chief Jus- state statutes, is often the best way of re- Sincerely, tice William Rehnquist, wrote a letter solving the claims. Recent examples of such Joan Mulhern, Senior Legislative Counsel, in March of this year opposing this bill incidents include the Asarco lead contamina- Earthjustice Legal Defense Fund. because its ‘‘provisions would add sub- tion in eastern Omaha, the Nicor Gas mer- Debbie Sease, Legislative Director, Sierra stantially to the workload of the fed- cury spills in suburban Chicago, and emis- Club. sions from an illegally operated rock quarry eral courts and are inconsistent with Lexi Shultz, Legislative Director Mineral in San Rafael, California—incidents that Policy Center. principles of federalism.’’ harmed thousands of people—as well as Sara Zdeb, Legislative Director, Friends of They singled out serious environ- many cases in which injured plaintiffs have the Earth. mental disasters as an example of class sought access to medical monitoring in the Paul Schwartz, National Campaigns Direc- actions that should remain in State wake of a community’s toxic exposure. tor, Clean Water Action. courts. S. 274 would benefit polluters in state envi- Richard Wiles, Senior Vice President, En- Chief Justice Rehnquist and the Ju- ronmental class actions by allowing them to vironmental Working Group. dicial Conference said: What are you remove these claims from state courts that Erik Olson, Senior Attorney, Natural Re- doing to us? Why are you sending these may be better equipped to handle them to sources Defense Council. federal courts where the judges are likely to Anna Aurilio, Legislative Director, U.S. cases over there? State courts can han- be less familiar with state law. This removal Public Interest Research Group. dle them better. could occur even if the citizen plaintiffs ob- Rick Hind, Legislative Director, I would be a very wealthy person if I ject. Greenpeace. had a couple dollars for every time I The bill would even allow polluters to re- Mr. LEAHY. Mr. President, as col- heard speeches or statements from my move to federal courts cases brought by leagues may have gathered, I am not in fellow Senators about how we have to more than one hundred plaintiffs even if the citizens do not seek certification as a class. favor of this piece of legislation, the better respect our individual States. Class Action Fairness Act. Man, I have After all, that is why we have a Senate. One such case is underway now in Anniston, Alabama, where a state court jury is cur- heard things. There ought to be a law Each one of the 50 States has equal rep- rently deciding damages to be paid by Mon- against misleading labels on legisla- resentation here to make sure the santo and Solutia for injuring more than tion we pass because this would break States are not subsumed in the Federal 3,500 people the jury found were exposed, the law. These many injured parties system. Those who would support this with the companies’ knowledge, to cancer- who have valid claims would have no bill are giving the back of their hand to causing PCBs over many years. There is lit- effective way to seek relief. Class ac- their States and saying: You are not tle doubt in the Anniston case that, had S. 274 been law, the defendants would have tried tion suits have helped win justice and smart enough, you are not good enough expose wrongdoing by the polluters, to take care of the laws of your own to remove the case from the state court serv- ing the community that suffered this dev- the big tobacco companies, and the State. astating harm. civil rights violators, and brought Numerous organizations devoted to Allowing defendants to remove to cases about Brown v. Board of Education, as the protection of the environment op- such as these that properly belong in state I said earlier. It gives average Ameri- pose this bill, including Clean Water court—even cases based solely on state law— cans at least a chance for justice. We Action, Earthjustice, the Environ- is not only unfair to the injured parties in should not take that chance for justice mental Working Group, Friends of the the state law cases, it will needlessly delay justice for all in the overburdened federal away from the American people. Earth, Greenpeace, the Mineral Policy So I hope Senators will consider the Center, the Natural Resources Defense courts, creating delays for those parties in environmental cases whose claims must be harm this bill would do the American Council, the Sierra Club, and the U.S. heard in federal court, as well as for other people and to their constituents and Public Interest Research Group. parties who require a federal forum. join me in opposition. These advocates conclude, in a letter, Last month, the Judicial Conference of the Lastly, Mr. President, as I said, we this bill ‘‘would benefit polluters at the United States wrote to your committee stat- found time to get highway money for expense of people and communities ing the continued opposition of the Judicial Iraq, but we do not have time to pass harmed by public health and environ- Conference to broadly written class action removal legislation. Their letter states that, the highway bill for America. We had mental disasters.’’ I ask unanimous time to get money to improve police consent their letter be printed in the even if Congress determines that some ‘‘sig- nificant multistate class actions’’ should be departments and law enforcement in RECORD. brought within the removal jurisdiction of Iraq, but we do not have time to pass a There being no objection, the mate- the federal courts, Congress should include bill to do the same here for Americans. rial was ordered to be printed in the certain limitations and exceptions, including We had time to pass legislation to RECORD, as follows: for class actions ‘‘in which plaintiff class help military veterans in Iraq, but we APRIL 2, 2003. members suffered personal injury or personal can’t find time to pass legislation for property damage within the state, as in the Hon. ORRIN HATCH, Chair, veterans in the United States. Hon. PATRICK LEAHY, Ranking Member, case of a serious environmental disaster.’’ Committee on the Judiciary, U.S. Senate, Wash- The letter explains that this ‘‘environmental Mr. REID. Will the Senator yield for ington, DC. harm’’ exception should apply ‘‘to all indi- a question? DEAR CHAIRMAN HATCH AND RANKING MEM- viduals who suffered personal injuries or Mr. LEAHY. Of course, I yield to my BER LEAHY: We are writing to express our op- losses to physical property, whether or not friend from Nevada.

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.044 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12879 Mr. REID. As I am here in the Cham- cers have about benefits; answer the by and watched as we have reached ber today, there are four members of questions those in education have, record depths in terms of debt in Amer- the Appropriations Committee: The whether the money will be there. ica. Although he can point to a reces- Presiding Officer, the senior Senator I see my good friend, the senior Sen- sion which he blames on the previous from Vermont, the Senator from Ne- ator from Illinois. I yield the floor. President, which is fair game in Wash- vada, and the Senator from Illinois. The PRESIDING OFFICER. The Sen- ington, he can point to a war on ter- This morning I asked, Why aren’t we ator from Illinois. rorism, the fact is, most of this deficit able to do appropriations bills? The Mr. DURBIN. Mr. President, I thank is his own creation. House has gone home. They are AWOL. the ranking Democrat in the Senate President Bush’s tax policy, his eco- So matters that we have to resolve in Judiciary Committee, Senator LEAHY, nomic plan has been a failure for Amer- conference we can’t do either. We have as well as Senator REID of Nevada, for ica’s economy. But it has been a dra- six that have not passed this body. The coming to the floor today to discuss matic success for those who were pray- Senator from Vermont hit the nail on the agenda of Congress. It is worthy of ing for a bigger deficit. I don’t know the head. reflection. who that might be, but if you were I commented this morning, we can Some of us went home last week looking for a President to deliver the think of a lot of reasons that the bills after the vote dispirited because this biggest deficit in the history of the haven’t passed. One is what the Presi- administration was afraid to offer the United States, this President has done dent has done with the monetary func- Iraq reconstruction package as an up- it. That deficit, of course, shortchanges tions of this country. The economy is or-down vote. They believed—and I us when we need to really pursue the in disastrous shape. If we did these ap- think they were right—they couldn’t valuable and vital functions of govern- ment. propriations bills now, there would be a pass it. So many Members of Congress There are some things which only focus on each bill. The people of Amer- had so many questions and reserva- tions, the only way it could pass was to government can do. I know my friends ica would say: Well, they can’t do that from the conservative side of the polit- for us. Look at what they have just combine it with the money for our troops. Many of us, looking at this ter- ical spectrum hate to concede this done for Iraq with $21 billion. point, but there are certain things only So the Senator from Vermont hit the rible Faustian bargain, had to vote for government can do. Certainly military nail on the head. I compliment him for the bill to support the troops, believing defense is one. Defense against ter- recognizing the problem we have. What that, frankly, if it were my child, rorism is another. But there are others, are we going to do? I think the Senator someone near or dear to my family, as and they will come to our attention as from Vermont will agree, we are going it is for so many people in Illinois, I we consider the debate before us on a to have an omnibus bill with as many wouldn’t want to shortchange the troops one penny. So we ended up pass- bill related to class action lawsuits. as 10 appropriations bills jammed into The agenda of the Republicans in ing about $15 or $16 billion in recon- it. Congress and the President is one that struction for Iraq. Mr. LEAHY. Did the Senator say om- is guided by the naive belief that the Trust me, stories are already pouring nibus or ominous? balance of power within our Govern- Mr. REID. The Senator is correct. We in about some of the questionable con- ment is outdated. It is an agenda which are going to have an ominous omnibus tracting that is going on over there. would close the courthouse doors to or- bill. It is too bad we are going to do There is real doubt among some as to dinary Americans in the name of penal- whether this money will achieve the that because it will be a massive docu- izing trial lawyers but continue to pro- goal we are seeking. We want peace in ment. It will be done at the last tect the most politically powerful. This Iraq. We want stability. We want our minute. There will be a lot of little is nothing new in government. The peo- troops to come home. But we want to things jammed in there by the leader- ple who have the power to line the ship. And then, of course, as the Sen- do it in the right way. Halls of Congress with their lobbyists So far, this administration, since the ator knows, conferences that we do in their three-piece suits and fancy declaration of the military victory, has have are just one-sided. They don’t in- shoes are well represented. They are seen a long string of embarrassments clude us in them. It is a funny way to the voices you hear when you come to run the country. This decision has been and defeats and setbacks. There have vote for a bill. made by a Republican President, a Re- been pretty pictures painted by some The voices that are not heard are publican-controlled House and Senate. on the other side who have gone there, those of consumers and families and I appreciate very much the Senator but they can’t overcome the reality of working people who are disadvantaged yielding. every morning’s newscast which tells time and again by these special inter- Mr. LEAHY. I appreciate the com- about another soldier being killed or ests. The Class Action Fairness Act is a ments of my friend from Nevada. I another 10 soldiers being maimed. special interest piece of legislation de- can’t think of any person who has I have visited with some of those sol- signed exclusively to protect those who worked harder to help get legislation diers who have returned from Iraq. are wealthy and powerful from even through. The senior Senator from Ne- Their lives will never be the same. To being held accountable in court. vada has a good reputation of working say they got by because they were sim- When you look at the options avail- with both Republicans and Democrats. ply wounded is to overlook the obvious. able to us, if you have a President who There are two primary reasons. One is Many of them will carry scars for the really doesn’t care to work for con- the fact that he knows legislation bet- rest of their lives because of a policy of sumers and working families, and a ter than anybody else around here. this administration which, frankly, has Government which is unresponsive be- Secondly, he is totally honest and not stood the test of time. cause of that President or the lack of truthful to everybody. The reason I think it is important to funds, and a Congress unwilling to ad- It is frustrating because, again, there reflect on that is to consider where we dress these same issues, there is only is legislation for highways in Iraq, but are today. Now that we have moved one place for an American to turn. not in the United States, all these from the issue of Iraq, we are back on That is the court system. So what this other things. We passed a transpor- an issue which is near and dear to the Congress tries to do time and time tation bill. That would mean 90,000 jobs Republican leadership in Congress as again is to close the doors of the court- right there that we could put Ameri- well as to the White House. Take a house so that that family, that con- cans back to work. look at the agenda of this Congress and sumer, that small business, that indi- I thank him for saying that. I don’t particularly what we are discussing vidual doesn’t have a chance to go into care if people want to spend time on today. It is an agenda which attempts the courthouse and ask for justice. this bill. It is a terrible bill. If they to slow down the legitimate respon- They are doing that with this class ac- want to spend time on it, let’s at least sibilities of government directly tion bill. get the appropriations bills done. Let’s through Executive orders and indi- Whether the agenda is driven by the answer the questions of our veterans, rectly with historic deficits. White House, the leadership of the whether the benefits will be there or Yes, this fiscal conservative, compas- House of Representatives, the commit- not; answer the questions police offi- sionate Republican President has stood tees on the floor of the Senate, the not

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.046 S20PT1 S12880 CONGRESSIONAL RECORD — SENATE October 20, 2003 so invisible hand of the right-wing of injured victims of medical neg- in America that I know of, the Na- agenda is busily at work. We see it in ligence, medical malpractice, and tional Association of Manufacturers, the nominees sent up for lifetime ap- never question the insurance compa- and Financial Services Roundtable. pointments to the Federal judiciary, nies that continually make mistakes The list of special interest groups is men and women who are not even close and charge the most outrageous pre- very lengthy. to the center stripe of political think- miums. Now we are forced to debate a There is another group on the other ing, in the hopes that if you cannot bill that divides instead of unifies us. side who oppose this bill—an inter- close the courthouse door, make sure It is especially troubling at a time esting coalition. Listen to those who there is a judge on the bench who will when so many appropriations bills have have come out in opposition to the bill. rule consistently on behalf of the not even been considered in the Senate The first name on the list may be the wealthy and powerful in America. and we are going to work on this bill most curious. It is Chief Justice of the Some will say what I am saying for special interest groups. The major- U.S. Supreme Court, William sounds a lot like class warfare. I can ity leader brought this bill before us Rehnquist. Why? Because this bill recall what Warren Buffet, one of the instead of an appropriations bill. Here shifts a lot of class action lawsuits wealthiest men in America, told us a we are after October 1, at a time when from State courts to Federal courts. few weeks ago. He came to a luncheon we should have passed all of our appro- Chief Justice Rehnquist understands on Capitol Hill and spoke to a group of priations bills, but instead of address- that the Federal courts are not in a po- Senators and talked about President ing the immediate needs of Govern- sition to deal with these lawsuits. He Bush’s tax cuts for the wealthy. This ment, we are going to address the im- said this is a bad bill; it is bad for the wealthy man from Omaha, NE, said, mediate needs of the special interest administration of justice in America. ‘‘Some people say this is class war- groups. He is not a bleeding heart when it fare.’’ He said, ‘‘I want to tell you I find it interesting that the bill be- comes to consumer cases. His prece- something. It is true, and my class is fore us is not the bill that passed the dents and rulings will speak for them- Judiciary Committee, which I served winning the war.’’ selves. But he says this bill is bad, and on a little earlier this year. There is a That is a fact. They have won the he is right. provision back in the bill called a mass war with the President’s tax cuts. They Then the list of organizations—which tort provision. I will not go into all the will continue to win the war when it I will not read—is two pages long. comes to closing the courthouse doors. details of it other than to tell you the special interests have won again. There These groups are a clear indication of The agenda is being driven by Presi- why it should not be passed. I will say dent Bush and his gang of compas- was a bipartisan motion in the Judici- ary Committee—I am not sure there generically that many of the leading sionate conservatives. It is not just medical groups, including the Amer- this issue of litigation and tort reform. was debate—to delete a section of the bill for so-called mass tort actions. It ican Cancer Society, the Heart and It stretches in so many directions. This Lung Society, many leading environ- was a motion by Senator SPECTER, a is an administration that wants to drill mental groups in America, and almost for oil in the Arctic National Wildlife Republican, and Senator FEINSTEIN, a Democrat. It was removed without con- every one of the major consumer Refuge rather than to demand that groups in America, say this is a bad automobile manufacturers in Detroit troversy. Guess what happened. That bill was bill. It will keep ordinary Americans make more fuel-efficient cars, which thrown away. The bill before us today from having their day in court. they can do. The technology is avail- reinstates this prohibition against I ask unanimous consent that the list able. But this administration would mass tort actions. That is fundamen- be printed in the RECORD. much rather invade a pristine wildlife tally unfair, and we knew that. The NATIONAL ORGANIZATIONS OPPOSED TO refuge set aside by President Eisen- special interest groups prevailed again. FEDERAL CLASS ACTION LEGISLATION hower 50 years ago than pick up the How fair is the Class Action Fairness AARP. phone and say to the Big Three in De- Act before us? It is not about fairness AFL–CIO. troit that you have to do better. We or justice. It is about protecting the Alliance for Justice. need more fuel-efficient cars and we powerful against legal challenges from Alliance for Retired Americans. American Association of People with Dis- are going to support legislation to the little guy. Who wants this bill? make it happen. abilities. Who wants this class action bill? I will American Cancer Society. That shows you where they are com- tell you those who line up on the side ing from. They would much rather drill American Heart Association. of this bill. It is the major tobacco American Lung Association. in a wildlife refuge than to ask for companies, including Philip Morris, Brady Campaign to Prevent Gun Violence more fuel efficiency from the auto- which is sick and tired of being sued by United with the Million Mom March. mobile manufacturers. This is an ad- those who have been damaged by their Campaign for Tobacco Free Kids. ministration that cuts education fund- deadly tobacco products. They have Center for Disability and Health. ing for schoolchildren to pay for tax Center for Responsible Lending. come to the Republican Congress and Clean Water Action. benefits for the wealthiest people in prevailed on them to make it more dif- America. It is an administration that Coalition to Stop Gun Violence. ficult for the victims of those tobacco Consumer Federation of America. would restrict background checks on products to come to court. So the to- Consumers for Auto Reliability and Safety. gun purchasers while protecting gun bacco companies want this bill to pass. Consumers Union. manufacturers from liabilities. Rather Gun manufacturers, understanding Earthjustice. than to make certain that we keep their exposure to liability by selling Environmental Working Group. guns out of the hands of people with defective guns, selling them in quan- Families USA. criminal records or a history of mental tities where they knew or should have Friends of the Earth. Gray Panthers. illness, they say instead, in the name known they would fall in the hands of of a second amendment, we cannot ask Greenpeace. criminals, don’t want to be sued in Homeowners Against Deficient Dwellings. those questions and, if we do, we can- court anymore. Even though the death Lawyers’ Committee for Civil Rights not keep the records long enough for rate in America—on the streets of Chi- Under Law. law enforcement to use them. It is a cago, New York, and Washington—con- Leadership Conference on Civil Rights. constitutional right as far as they are tinues to climb from gun murders, this Mexican American Legal Defense and Edu- concerned under the second amend- bill says the victims are going to have cational Fund. ment. a tougher time suing the gun manufac- Mineral Policy Center. Yet when it comes to gun manufac- turers. National Asian Pacific Legal Consortium. turers making defective products and Those who pollute want this bill. National Association for the Advancement dangerous products and selling them, of Colored People. Those involved in environmental pollu- National Association of Consumer Advo- this administration falls over back- tion are less likely to be sued because cates. ward in an effort to protect them from of this bill. National Association of Protection and Ad- any liability in court, this administra- Others include the pharmaceutical vocacy Systems. tion which would cap the compensation companies, every insurance company National Campaign for Hearing Health.

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.050 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12881 National Partnership for Women & Fami- for rights of consumers and victims of certified for trial. That is what the lies. corporate malfeasance, and I hope the American Tort Reform Association Natural Resources Defense Council. sponsors can carry their burden in ex- says. Yet while the number of filings National Workrights Institute. National Women’s Health Network. plaining to the American people why increased, the number of consumer National Women’s Law Center. they believe this bill will not tilt the class action certifications in that coun- People for the American Way. advantage to the corporate defendants. ty has actually declined over the last 2 Public Citizen. To the extent there are abuses in the years. Service Employees Union International. class action process, it should be ad- State judges, including those in Sierra Club. dressed with a scalpel, not a sledge- Madison County, are disposing of frivo- Tobacco Control Resource Center. Tobacco Products Liability Project. hammer, which this bill does. If the lous consumer class action cases by re- USAction. problem is concentrated only in a fusing to certify them for trial. Moving U.S. Public Interest Research Group. handful of State courts, the solution them to Federal court simply transfers Violence Policy Center. isn’t to remove every case to Federal the responsibility for making that de- Women Employed. court. That is what this bill does. termination. The American Tort Reform Associa- Let me give some numbers so we can GOVERNMENT ORGANIZATIONS OPPOSED TO tion, which represents all of the special get a feel for one of these judicial FEDERAL CLASS ACTION LEGISLATION interest groups that would close the ‘‘hellholes’’ from the groups that advo- Judicial Conference of the United States. Conference of Chief Justices. courthouse doors, obviously cham- cate this legislation. Attorney General of California, Bill pioned this bill. They released a study Madison County, IL: Consumer class Lockyer. recently which I find amazing and, in a actions filed—1999, 12; 2000, 39; 2001, 60; Attorney General of Illinois, Lisa Madigan. way, offensive. 2002, 76; 2003, 44 as of July 2. Attorney General of Maryland, J. Joseph In their report, entitled, ‘‘Bringing Let’s go back for each of those years Curran, Jr. Justice to Judicial Hellholes 2002,’’ this and find out how many were actually Attorney General of Minnesota, Mike organization identified 13 counties or certified to go forward and be tried. In Hatch. Attorney General of Missouri, Jeremiah W. cities that they define as ‘‘judicial 1999, 12 were filed, 6 were certified; in Nixon. hellholes,’’ because they supposedly at- 2000, 39 filed, 14 certified; in 2001, 60 Attorney General of Montana, Mike tract lawsuits from around the Nation filed, 2 certified; in 2002, 76 filed, 1 cer- McGrath. to plaintiff-friendly courts. tified; in 2003 so far, 44 filed, none cer- Attorney General of New Mexico, Patricia What does that mean? If you are a tified. A. Madrid. lawyer in some part of the country and Does this sound like a situation out Attorney General of New York, Eliot want to file a class action suit, this as- of control? The sum total of all the Spitzer. Attorney General of Oklahoma, W.A. Drew sociation argues that you can shop class action lawsuits for these 5 years Edmondson. around to find the friendliest judges so far is 23 over 5 years—23 class action Attorney General of Vermont, William H. who will certify your class. That is the lawsuits in Madison County, IL, the so- Sorrell. first step in a class action suit. The called judicial ‘‘hellhole.’’ Frankly, the Attorney General of West Virginia, Darrell court has to basically certify under arguments made on the floor just are Vivian McGraw, Jr. State law whether you can gather to- not borne by the facts. Mr. DURBIN. This is a classic battle gether the individuals you call your Additionally, of 166 verdicts that between the biggest companies in ‘‘plaintiffs’ class’’ to sue a defendant. were reached in all cases filed in Madi- America, that don’t want to face legal They argue that in some parts of son County, 55 resulted in no monetary responsibilities, and the most vulner- America it is more likely to be cer- verdicts to plaintiffs. Only 11 verdicts able people in America, who have no tified than not. They characterize in the 166 cases tried resulted in ver- other recourse but the courts. Con- those as judicial hellholes. One of them dicts in excess of $1 million. The me- sumers, environmentalists, gun control is near and dear to me because it is in dian verdict for all cases in Madison advocates, and civil rights champions my home State, in Madison County, IL. County, IL, is $28,649. often turn to the class action process I was born in St. Clair County, the ad- If there are problems in any jurisdic- of our civil justice system because the joining county. I am familiar with tion or any State, they can be solved Government—beholden to the special Madison County and most of the people there. In Alabama, for example, one of interest groups and the corporate agen- who practice law there and the judges the favorite targets for criticism by da—simply is unwilling to take on on the bench. tort reformers, the State supreme these same big corporations. Well, with all of their valiant and court reprimanded a few State judges Unfortunately, when you pit these well-funded national research, the who had certified numerous classes. two sides together on Capitol Hill, con- American Tort Reform Association In Mississippi, another jurisdiction sumers don’t have a chance. This bill is came up with about a dozen ‘‘hellhole’’ frequently mentioned by supporters of a clear indication of that. counties, and a few more they call class action reform, the State legisla- The bill is fundamentally unfair and ‘‘honorable mentions.’’ ture recently repealed Mississippi’s unnecessary. How can you be sure it is That is about a total of 20 counties venue and joinder statutes, making it only the plaintiffs who are guilty of they have identified out of over 3,000 more difficult to bring mass tort abusing forum shopping but never the counties in the United States and more claims. defendant? That is the argument being than 18,000 cities, villages, and towns— Removing these cases to Federal made. They say we have to restrict the 20 problem counties out of 21,000 cities court does not solve the problem. In people who can bring lawsuits in court. and counties. That is fewer than .0001 fact, it is going to heap more of a bur- The argument on the other side is percent of all the counties and cities in den and demand for more specializa- that there are so many frivolous law- the country. tion and responsibility on our Federal suits. The honest answer is that there Clearly, if that is where the problem courts, many of which are already are some frivolous lawsuits, and there lies, with 20 places, why would we pass overburdened. always will be in a system open for any Federal legislation to affect every I see my colleagues are on the floor. individual to file a lawsuit. On the county and every city in America? Yet I am going to take a few minutes to other hand, we know many of these the solution the sponsors seek is ex- point out the kinds of lawsuits about lawsuits—and I will recount several actly that. which we are talking. later on—give clear indications and Let me speak for a moment about the When the average person hears ‘‘class evidence of the fact that many people real story of Madison County because action lawsuit,’’ they may not have an who are sued in class action lawsuits it has been recounted over and over by idea of what it is about. I would like to have a real responsibility to the con- the advocates of tort reform as an out- give a few examples of class action law- sumers and the American people that rageous, out-of-control situation. suits and understand, I hope, for a mo- they don’t meet. It is said there have been hundreds of ment that those who are coming to the I am concerned when they tell me the consumer class action cases filed in the floor trying to restrict the rights of bill will restrict their ability to fight last few years and rarely are any not plaintiffs to come into a class and file

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.009 S20PT1 S12882 CONGRESSIONAL RECORD — SENATE October 20, 2003 a lawsuit have to face the reality of the pound, the company agreed to pay $180 How can one compare that to compa- history of class action legislation. We million to some 60,000 people. nies that sell tainted and adulterated will find in these cases some recurring Let me give another example. Beech- food, to companies that deceive parents themes, but the most recurring theme Nut Corporation, and its parent com- about the nutritious value of the foods is this: pany Nestle, were accused of deceptive they sell, or companies that are en- The plaintiffs in a class action law- business practices, guilty of selling— gaged in pollution that endangers the suit were usually damaged a very listen to this—Beech-Nut and Nestle lives of individuals? Those companies slight amount or in a very limited way were found guilty of selling sugar need to be held accountable. individually or as families, but when water labeled as pure apple juice for in- This bill tries to absolve them from you take together the sum total of all fants. After passing blame back and liability, to move the cases to Federal the damage done by the defendant, it forth between companies and suppliers, court, to make it more difficult to push becomes substantial. If someone—Sen- they eventually agreed to settlements the classes together, and make it more ator LEAHY used this example in com- of $3.5 million to reimburse consumers difficult to recover. These are real live mittee—if someone overcharges a per- who unknowingly fed their babies stories of ordinary families and people son 2 cents a gallon for gasoline so that sugar water instead of apple juice. Is who will ultimately lose if this bill each time they fill up they lose 40 that the kind of thing that merits a passes. cents, there is not a great loss to an in- lawsuit? In an individual situation you I hope the Senate has the good sense dividual. But when you put that to- may ask, How sick is the baby? to stop this in its tracks, stand up for gether in terms of the millions of peo- The bottom line is, these companies consumers and working families who ple buying gasoline, one can under- were trying to make money by deceiv- need a voice in this Chamber even if stand that if the defendant corporation ing parents into believing they were they cannot afford a lobbyist in the has been guilty of fraud or wrong deal- selling a nutritious product and ended hallway. ing, they have made millions of dollars up paying $3.5 million because of it. I yield the floor. at the expense of 40 cents a fill-up of Class action lawsuits by consumers The PRESIDING OFFICER (Mr. individual consumers. So class action who as individuals would never have a SUNUNU). The Senator from Illinois. lawsuits bring all these consumers in day in court, but coming together fi- Mr. FITZGERALD. Mr. President, I one group against a corporation that nally found justice in their State thank my colleague from Illinois for may have harmed them only a slight courts, a justice which is threatened by yielding the floor for a few moments. amount individually. the so-called class action fairness bill The Senator may wish to resume de- Let me give some examples. which is before us today. bate following my remarks. Foodmaker, Inc., the parent company There was a class action lawsuit I want to present a counterpoint, I of Jack-in-the-Box restaurants, agreed brought against Ford Motor Company guess, to the opinions of my distin- to pay $14 million in a class action set- for defective ignition systems in mil- guished colleague. I think he made a tlement in the State of Washington. lions of cars that stalled on highways, very eloquent case in favor of why we The class included 500 people, mostly and Mobile Corporation paid a $14 mil- should have class action lawsuits in children, who became sick in early 1993 lion settlement because of a class of this country, and I would simply point after eating undercooked hamburgers residents in New Orleans who, after a out to my colleagues that this bill does tainted with E. coli. The victims suf- fire at a Mobile Oil refinery and scat- not in any way diminish our ability to fered from a wide range of illnesses, tered debris sent volatile and haz- have worthwhile class action lawsuits. from more benign sicknesses to those ardous compounds in the air, were In fact, I think the intent of the bill that required kidney dialysis. Three forced to evacuate. The settlement was that is passed out of the Judiciary children died. The settlement was ap- $13.4 million to those exposed to this Committee and which Senator HATCH proved in 1996. So 500 individual fami- pollution from the Mobil Oil refinery. spoke about earlier this afternoon is, lies, instead of suing Jack-in-the-Box It was a class action lawsuit against in fact, to make the process for class and its parent company Foodmaker, a corporate giant. How many of those action suits better, fairer, and more came together as a class because that individual families would stand to- beneficial to the plaintiffs. corporation was selling products so gether seeking justice? In this case, One of the things the bill would do is tainted and adulterated that it led to they did stand together successfully. create a consumer bill of rights to pro- death and serious illness—500 people, Individually would they have gone to tect the class action plaintiffs, the ac- $14 million, but deaths were involved in court? Highly unlikely. tual clients of the class action lawyers. the process. Blue Cross and Blue Shield of Iowa We have all heard about cases in which Let me give another example. Gen- paid a $14.6 million settlement in three a class action lawsuit is filed, and in eral Chemical of Richmond, CA. On class action lawsuits because of fraudu- the end, the defendant corporation set- July 26, 1993, the chemical oleum, a lent billing practices. Blue Cross ap- tles for millions of dollars paid to the sulfuric acid compound, leaked from a parently negotiated secret discounts lawyer and all the clients, or the plain- railroad tank car. The leak caused a with hospital and providers and failed tiffs get a coupon or something of in- cloud to spread directly over North to pass those along to those who should significant value. So contrary to the Richmond, CA, a heavily populated have received them—their customers. impression created by Senator DURBIN, community. Over 24,000 people sought The list goes on and on. I want to make it clear to my col- medical treatment because of that I see several of my colleagues on the leagues that this bill does not in any leak. General Chemical entered into a floor. I will close and say I am sure we way seek to do away with class action $180 million settlement with 60,000 are going to return to this issue in a lawsuits. In fact, we seek to make northern California residents who were short time. I ask my colleagues in the them better and more beneficial to the injured and sought treatment for the Senate who may not have practiced plaintiffs, the clients themselves, and effects of that pollution. Individual law, who may not be familiar with cut down on some of the abuses. plaintiffs received up to $3,500. class action lawsuits to please do the I rise to support S. 1751, the Class Ac- What is the likelihood that if you following: Read these cases. Under- tion Fairness Act of 2003, and I do so personally or a member of your family stand class action lawsuits are not al- today with a special interest in the ended up going to a hospital or a doc- ways frivolous ideas. commonsense fairness of this legisla- tor and had $500 or $600 or $1,000 in I can recall some that were. There tion. There is, in my State of Illinois, medical bills that you would turn was a lawsuit brought by a class, not as mentioned by Senator DURBIN, one around and hire a lawyer and sue Gen- certified, for all the people who bought of the infamous venues that have come eral Chemical responsible for that ill- Milli Vanilli records, and then came to be commonly described as ‘‘judicial ness in your family? I don’t think the later to learn that those two people hellholes,’’ State courts where plain- likelihood is very strong. But when were not even singing on the records. tiffs’ lawyers know they can file abu- they brought together the 60,000 people To me, that is a joke, a bad one. It is sive, frivolous, and even extortionate who were damaged because of this envi- a fraud on the public but certainly not class action lawsuits against defendant ronmental leak of a sulfuric acid com- deserving of a class action suit. companies operating nationwide and

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.054 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12883 get results they could not get in the These are not local disputes. The The PRESIDING OFFICER. Without vast majority of fair jurisdictions else- vast majority of class actions in Madi- objection, it is so ordered. where in the United States. son County were brought on behalf of Mr. BENNETT. Mr. President, it was It is an abuse that must stop. Under nationwide classes. The percentage my privilege to be in the chair during S. 1751, every person’s right to file a seeking nationwide class action status the exchange of views between the two lawsuit is preserved. Every current is a whopping 81 percent. In Madison Senators from Illinois. I could not re- legal theory for relief may still be ad- County, lawyers have sought to certify sist the opportunity to take the floor vanced. Under S. 1751, a class action classes over the last 3 years that in- now and add my experience to that lawsuit can be filed just as easily as it cluded all Sprint customers nationwide which has been referred to. can be today. S. 1751 is a limited and who have ever been disconnected on a The senior Senator from Illinois commonsense approach to a widely rec- cell phone call—I am sure that has hap- spoke of those who did not have a legal ognized abuse in our judicial system. It pened to all of us—all RotoRooter cus- background, and I fit into that cat- simply makes truly national lawsuits tomers nationwide whose drains were egory. I have never been in court, ex- easier to hear in Federal court, and it repaired by allegedly unlicensed cept as a juror and occasionally as a simply requires judges to take a close plumbers, and all consumers in the Na- witness. I have never been to law look before approving some of the tion who purchased limited edition school. However, I would just share greedier and more abusive features of Barbie dolls that were later allegedly this one experience with the Senate class action litigation, such as coupon offered for a lower price elsewhere. with respect to class action lawsuits and how they can be abused. settlements that I mentioned at the Why were all these suits filed in Madison County? Why were they not When my father left the Senate, he outset, where lawyers get millions of was invited, as is often the case for dollars and class action members get filed in Utah, Idaho, Arizona, or State courts elsewhere in Illinois? Well, be- those who have senior experience in virtually worthless coupons. cause a few lawyers have figured out business, to serve on a number of My State has the dubious distinction boards of directors. He went on one of hosting one of the judicial hellholes that the judges in Madison County are very friendly to plaintiffs. It is no sur- particular board, thinking it was a rel- to which Senator DURBIN was referring. prise that the same five firms appeared atively safe kind of activity for him, In fact, if anyone has been following as counsel in approximately 45 percent only to be distressed at the beginning the editorial page in the Wall Street of the cases filed during the 1999-to-2000 of the next calendar year when he was Journal, they have written several edi- period, and that most of these firms served with this pile of papers. There torials about this county. It is Madison are not located in Madison County. was a lawsuit being filed on behalf of County, IL. It is in southwestern Illi- Of the 66 plaintiffs’ firms that ap- the shareholders of that particular nois, across the Mississippi River from peared in the Madison County cases company, and my father was named as St. Louis. If my colleagues have never filed during 1999 and 2000, 56, or 85 per- the principal defendant. been to Madison County, it is a subur- cent, listed office addresses outside of Somewhat disturbed by this, he ban county with a surge in shuttered Madison County. called the general counsel of the firm plants and steel mills and a new cot- These studies present a real mystery. and asked what was going on. tage industry in abusive class action Lawyers from all over the country are Oh, said the general counsel, nothing litigation. flocking to Madison County, IL, to file to worry about. You are named because Several recent studies have looked at class actions on behalf of people who do members of the board of directors are class actions in the Madison County not live in Madison County, against listed alphabetically and Bennett courts, and here is what they found: companies that do not reside in Madi- comes ahead of any other name. So you Over a 2-year period, the number of son County, concerning events that did are named: Bennett et al. Don’t worry, class actions in the county increased not occur in Madison County. we will take care of this. by 1,850 percent. In 1998, there were What is wrong with this picture? He said: Of what am I being accused? only two class actions filed in Madison Does anybody really think that it is Of what is the board being accused? County, a number consistent with a just an accident that these lawyers Well, said the general counsel, this community with Madison County’s size from all over the country are flocking happens every year. He said: The mem- and economic base. into Madison County with their cases? bers of the board have a compensation During 2000, the number rose to 39. As recently plan that is tied to the profitability of During 2001, 43 new class action law- noted in an editorial criticizing class the company. Whenever the company suits were filed, another 10-percent in- action abuses, having invented a client, increases its profitability by formula, crease, and the upward trend is in- the lawyers also get to choose a court. the directors’ pay increases by a simi- creasing. Under the current absurd rules, na- lar formula amount. As of the middle of this year, Madi- tional class actions can be filed in just My father said: That’s very clear. It’s son County was already up to 39—I about any court in the country. outlined. What is the cause of this think Senator DURBIN said 43 cases—as Large, nationwide class actions class action lawsuit being brought on of July of this year. That puts it on should be in Federal court, not in some behalf of all of the shareholders of the pace to break its own record. small county court in some remote lo- company? These findings suggest that Madison cation that has nothing to do with the Well, said the general counsel, this County has one of the highest class ac- parties or the case. This is an abuse of lawyer every year files a lawsuit on be- tion filing rates in the country. Indeed, the system, plain and simple. We are half of the shareholders, claiming that according to an article in the St. Louis nowhere near the outer perimeter of the board of directors is looting the company for its own purposes. That is, Post Dispatch, Madison County has de- tort reform here. This is an easy one. members of the board are trying to en- veloped a nationwide reputation as the This is common sense, a simple, hon- rich themselves on the basis of this in- place to file nationwide class actions, est, straightforward reform narrowly crease in compensation at the expense even though it only has one-tenth of 1 tailored to achieve fairer results in of the shareholders. percent of the U.S. population. It has cases of truly national significance. I urge you, Mr. President, and all my My father said: What do we do? Do about 259,000 people. colleagues, to support S. 1751. you go to court and prove that this is Here is another troubling statistic: I yield the floor. a legitimate activity? In recent years, only a few thousand If none of my other colleagues wishes No, said the general counsel, that class actions were filed annually in the to speak at this time, I suggest the ab- costs too much money. For us to go to entire Federal court system. That sence of a quorum. court would cost us more in legal fees amounts to a per capita rate of about The PRESIDING OFFICER. The than the amount the lawyer will settle 7.6 class actions for every million resi- clerk will call the roll. for. dents. In Madison County in 1999, the The assistant legislative clerk pro- What amounts are we talking about, per capita rate of State court class ac- ceeded to call the roll. my father asked. tions was nearly 9 times higher, with Mr. BENNETT. Mr. President, I ask He was told by the general counsel: about 61 class actions filed per million unanimous consent that the order for The lawyer who files this suit will set- people. the quorum call be rescinded. tle for $100,000. It would cost us more

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.056 S20PT1 S12884 CONGRESSIONAL RECORD — SENATE October 20, 2003 than $100,000 to defend our position, so The legislative clerk proceeded to [Rollcall Vote No. 401 Ex.] every year when the formula kicks in call the roll. YEAS—82 and the directors’ compensation is in- Mr. THOMAS. Mr. President, I ask Akaka Dayton Lincoln creased, the lawyer files his lawsuit, we unanimous consent that the order for Alexander DeWine Lott send him a check for $100,000, the law- the quorum call be rescinded. Allard Dodd McCain Allen Dole suit goes away, and we forget this until The PRESIDING OFFICER. Without McConnell Baucus Domenici Miller the next year. objection, it is so ordered. Bayh Dorgan Murray Bennett Durbin That is extortion, plain and simple. f Nelson (FL) Yet the general counsel would say, Bingaman Ensign Nelson (NE) Bond Enzi EXECUTIVE SESSION Nickles with some accuracy, the shareholders Boxer Feingold Pryor are better served if we simply pay him Breaux Feinstein his $100,000 than if we go to court and Brownback Fitzgerald Reed NOMINATION OF MARGARET CATH- Reid defend ourselves. Even though we Bunning Graham (FL) ARINE RODGERS, OF FLORIDA, Burns Graham (SC) Roberts would win, we would end up paying Rockefeller TO BE UNITED STATES DISTRICT Byrd Grassley $200,000 or $250,000 or some number like Campbell Gregg Santorum JUDGE FOR THE NORTHERN DIS- that. So, he said, we have come to the Cantwell Harkin Sarbanes TRICT OF FLORIDA Carper Hatch Sessions conclusion the best thing to do for the Chafee Hollings Shelby shareholders is simply settle this class The PRESIDING OFFICER. Under Chambliss Inhofe Smith action lawsuit every year for $100,000. the previous order, the hour of 5:15 p.m. Clinton Inouye Snowe The lawyer knows we will do that. So having arrived, the Senate will proceed Coleman Jeffords Specter to executive session to consider Execu- Collins Johnson Stabenow every year he files the lawsuit, we send Conrad Kennedy tive Calendar No. 401, which the clerk Stevens him the check, the plaintiffs in whose Corzine Kohl Sununu behalf he is suing get nothing because will report. Craig Kyl Thomas Crapo his legal fee for filing the suit is The legislative clerk read as follows: Leahy Voinovich Daschle Levin $100,000, and we simply go through this Nomination of Margaret Catharine Rod- charade every year. gers, of Florida, to be United States District NOT VOTING—18 I am happy to report that this par- Judge for the Northern District of Florida. Biden Hutchison Mikulski ticular lawyer, as I understand it, de- The PRESIDING OFFICER. Under Cochran Kerry Murkowski Cornyn Landrieu Schumer cided to do this in some other in- the previous order, the Senate will pro- Edwards Lautenberg Talent stances and Merrill Lynch, the large ceed to a vote on the confirmation of Frist Lieberman Warner brokerage firm, took him to court. the nomination. Hagel Lugar Wyden They spent close to $1 million in legal Mr. THOMAS. Mr. President, I ask The nomination was confirmed. fees proving he was wrong and, further- for the yeas and nays. Mr. HATCH. Mr. President, I am more, proving he had acted in a frivo- The PRESIDING OFFICER. Is there a pleased today to speak in support of lous manner and ultimately put him sufficient second? Margaret Catharine Rodgers, who has out of business. The shareholders of There is a sufficient second. been confirmed to the United States Merrill Lynch were paying for an ac- The question is, Will the Senate ad- District Court for the Northern Dis- tion that benefited the shareholders of vise and consent to the nomination of trict of Florida. the company on whose board my father Margaret Catharine Rodgers, of Flor- Judge Rodgers has had an impressive sat, and many others. ida, to be United States District Judge legal career. After graduating magna We can be grateful that Merrill for the Northern District of Florida? cum laude from California Western Lynch was willing to accept that finan- The clerk will call the roll. School of Law, she clerked for Judge cial burden in order to put a stop to The legislative clerk called the roll. Lacey Collier on the U.S. District this practice. But it demonstrates that Mr. MCCONNELL. I announce that Court for the Northern District of Flor- standing on the floor of the Senate and the Senator from Mississippi (Mr. ida. She then entered private practice deciding how valuable class action law- COCHRAN), the Senator from Texas (Mr. with the Pensacola law firm of Clark, suits are does not properly address the CORNYN), the Senator from Tennessee Partington & Hart as an associate. problem that this, and similar legisla- (Mr. FRIST), the Senator from Ne- After 4 years, she went to work for the tion, has sought to solve. braska (Mr. HAGEL), the Senator from West Florida Medical Center Clinic as I wanted to add that personal experi- Texas (Mrs. HUTCHISON), the Senator its general counsel and director of ence to the debate that has been going from Indiana (Mr. LUGAR), the Senator human resources. She then returned to on here so anybody who is following from Alaska (Ms. MURKOWSKI), the Sen- private practice, where her areas of ex- the debate will understand that it is ator from Missouri (Mr. TALENT) and pertise focused on medical liability and not a question of whether one should the Senator from Virginia (Mr. WAR- employment law. Last year she was ap- allow class action lawsuits. It is not a NER) are necessarily absent. pointed as a Federal magistrate judge question of whether plaintiffs are enti- Mr. REID. I announce that the Sen- in the Northern District of Florida, tled to relief as a result of joining a ator from Delaware (Mr. BIDEN), the which reflects the high regard in which class. It is a question of cleaning up Senator from North Carolina (Mr. ED- abuses that are carried on by lawyers the judges of that court hold her. WARDS), the Senator from Massachu- I am confident that Judge Rodgers who say, in the words of one of them: I setts (Mr. KERRY), the Senator from will continue to serve with compassion, have a perfect law practice. I have no clients. Louisiana (Ms. LANDRIEU), the Senator integrity, and fairness as a Federal dis- They file class action lawsuits on be- from New Jersey (Mr. LAUTENBERG), trict court judge. half of classes, but they are not in fact the Senator from Connecticut (Mr. Mr. LEAHY. Mr. President, the selec- real clients. The lawyers benefit, ulti- LIEBERMAN), the Senator from Mary- tion of Margaret Catharine Rodgers to mately to the detriment of the share- land (Ms. MIKULSKI), the Senator from be the nominee for the Northern Dis- holders of the companies that are being New York (Mr. SCHUMER) and the Sen- trict of Florida serves as an example of sued. These shareholders are individ- ator from Oregon (Mr. WYDEN) are nec- how the judicial nominations process uals. We are not talking about compa- essarily absent. should work. Judge Rodgers was inter- nies as if they were abstract entities. I further announce that, if present viewed and recommended by Florida’s They are individuals who are being and voting, the Senator from Massa- bipartisan judicial selection commis- hurt by improper practices. Those are chusetts (Mr. KERRY) and the Senator sion. This selection commission was the kinds of practices this legislation from New Jersey (Mr. LAUTENBERG) created by Senators GRAHAM and NEL- seeks to resolve. would each vote ‘‘yea’’. SON in negotiated agreement with the I yield the floor. The PRESIDING OFFICER. Are there White House and it has produced a con- Mr. President, I suggest the absence any other Senators in the Chamber de- sistent stream of talented and well-re- of a quorum. siring to vote? spected attorneys for the lifetime ap- The PRESIDING OFFICER. The The result was announced—yeas 82, pointments on the district courts in clerk will call the roll. nays 0, as follows: Florida.

VerDate jul 14 2003 00:06 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.059 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12885 Judge Rodgers currently serves the man of the Judiciary Committee in of moving ahead with this very impor- Northern District of Florida as a mag- mid-2001, we inherited 110 vacancies. In tant legislation. We call this the Class istrate judge. She received a ‘‘well a little more than 2 years since then Action Fairness Act of 2003 because, qualified’’ rating from the American Democrats and Republicans have quite frankly, everything dealing with Bar Association, having proven her worked together to confirm 165 judicial class action lawsuits—maybe I should qualifications in the district in which nominees of President Bush. The White not say everything because I admit she will serve, on the bench, in private House and the Republicans in the Sen- there is a very important role in some practice, and in her community. Prior ate refuse to declare themselves vic- instances for class action lawsuits, but to becoming a lawyer, Judge Rodgers torious in their efforts to appoint a his- the way the regime is working out now served for several years in the United toric number of judges chosen by the is very unfair, particularly in instances States Army and received several com- President. They insist on seeing the where consumers get practically noth- mendations for her service. glass half empty, when it is nearly full ing and lawyers representing the class With tonight’s vote on Judge Rod- to the brim. They refuse to take any get millions. gers’ nomination, the Senate will have steps to address the fact that fully 20 That is not an occasional happening. confirmed a total of 165 judicial nomi- percent of President Clinton’s judicial That is happening quite regularly. So nations of President George W. Bush. nominees were blocked from getting the current class action system is rife Despite all of the false charges of ob- votes when Republicans controlled the with problems which undermine the struction leveled by the White House Senate. In those 6 years, they allowed rights of both the plaintiffs and defend- and Republican Senators, we have now only 248 judicial nominees to be con- ants alike; hence, our legislation. Class reached a historic level of confirma- firmed and blocked another 63. Today, members are often in the dark about tions of judicial nominations. in less than 3 years, President Bush has their rights, with class lawyers driving In less than 3 years, President Bush achieved what it took President lawsuits and driving the settlement. has now equaled the total number of Reagan four full years to achieve 165 Class members receive court and set- tlement notices in hard-to-understand judges appointed by President Reagan judicial confirmations. in his first 4 full years in office. Repub- Nominations from bipartisan selec- legalese. Many class action settle- ments only benefit the lawyers, with licans tout President Reagan as the tion commissions can proceed expedi- little or nothing going to the class ‘‘all-time champ’’ in judicial appoint- tiously. Judge Rodgers received a com- members. We are all familiar with ments and yet he attained 165 con- mittee hearing within weeks of her pa- class action settlements where the firmations at the conclusion of his first perwork being completed and she will plaintiffs received coupons of little 4-year term in office, while President be confirmed less than a month after value or no value, and the lawyers re- Bush has achieved the same benchmark her hearing. Her confirmation could ceived all the money available in the in less than 3 years in office. President have occurred even sooner since she Reagan’s entire first term saw a Re- settlement agreements. has been pending on the floor for sev- More and more, we are seeing law- publican Senate majority enabling the eral weeks but I am happy that the ma- yers bringing frivolous lawsuits which President to achieve that milestone. jority leader has decided to turn to her are of no real interest to class members That Democrats in the Senate have co- confirmation this afternoon. but are just a bonanza of quick and operated with President Bush to exceed Judge Rodgers’ appointment to the easy legal fees for the class lawyers be- it is extraordinary and reveals the district court in the Northern District cause companies want to settle those truth about the confirmation process. of Florida will bring her legal career cases rather than expend lots of money Only a few of the most extreme of full circle since her first job out of law in frivolous litigation defense. President Bush’s judicial nominees school was as a judicial clerk on this I have been invited into class action have been blocked. very court. I am pleased to cast a vote lawsuits. One gets a notice in the mail, Of course, you will not hear Repub- for her confirmation today and I con- probably because they did business lican Senators or the White House tell gratulate Judge Rodgers and her fam- with a particular company. Maybe it is the public today that this historic level ily. because I am in agriculture and a fam- of appointments has been reached, that The PRESIDING OFFICER. Under ily farmer that I might get some no- President Bush has matched President the previous order, the President will tices of this, but I can speak to the fact Reagan’s first-term judicial appoint- be notified of the Senate’s action. that—and obviously I hope people ments with 15 months remaining in his f know I am not a lawyer, but the term. You will not hear that truth LEGISLATIVE SESSION legalese that comes in these notices in- from this administration. The Senate forming you why you might possibly be has opposed only the most extreme The PRESIDING OFFICER. Under a member of a class, or you might pos- nominees and has moved cooperatively the previous order, the Senate will re- sibly benefit, quite frankly I do not and expeditiously on less controversial turn to legislative session. give those notices much consideration. nominees. Mr. NELSON of Florida. Mr. Presi- Maybe I should. Maybe there is a jack- The record will reflect that Demo- dent, I suggest the absence of a pot out there that I could get some- crats have worked hard to balance the quorum. thing out of. I do not know. need to fill vacancies on the Federal The PRESIDING OFFICER. The It really is not very inviting to the bench with the imperative that the clerk will call the roll. people who may have been injured. judges chosen will be fair to all people. The legislative clerk proceeded to Even if it is inviting, and they join it With this confirmation, there are now call the roll. and they win, they could get a coupon; only 40 vacant seats in the Federal Mr. GRASSLEY. Mr. President, I ask whereas the lawyers are going to get bench. Until this year, this mark had unanimous consent that the order for millions of dollars. not been reached in 13 years or during the quorum call be rescinded. In addition to current class action the entire Clinton administration, The PRESIDING OFFICER. Without rules, the current ones are such that a when more than 50 judicial nominees objection, it is so ordered. majority of the large nationwide class were blocked from receiving confirma- Mr. GRASSLEY. Mr. President, am I actions can only proceed in our State tion votes. Had we not authorized al- in order to speak on the class action courts, when these are clearly the most 20 judgeships last year, the va- tort reform legislation? kinds of cases that should, in fact, be cancies might be in the 20’s. The PRESIDING OFFICER. The Sen- heard in Federal courts. It makes sense President Bush is on pace to appoint ator is in order. that these class action cases have the judges far in excess of those of any f opportunity to be heard in Federal other President in American history. courts because these cases involve lots In fact, this President has had so many CLASS ACTION FAIRNESS ACT OF of money, citizens from all across the vacant seats to fill because Senate Re- 2003—MOTION TO PROCEED—Re- country, and issues of nationwide in- publicans did such an effective job of sumed terest. blocking scores of Clinton nominees Mr. GRASSLEY. I am pleased that To further compound the problem, with impunity. When I became chair- the Senate is finally reaching the point the present rules are easily gamed by

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.013 S20PT1 S12886 CONGRESSIONAL RECORD — SENATE October 20, 2003 unscrupulous lawyers who steer class the plaintiffs only receive coupons or Congress, and in this Congress the Ju- actions to certain preferred State noncash awards while the lawyers get diciary Committee marked up the lan- courts where judges are quick to cer- the bulk of the money. The bill re- guage of the bill we are considering tify a class and approve a settlement quires the judge to make a written today. with little regard to class member in- finding that the settlement is fair and Chairman HATCH, Senator KOHL, and terest and the parties’ due process reasonable for class members. A court I worked closely with Senator FEIN- rights. For example, class lawyers ma- will still be able to find that a noncash STEIN of California to make sure that nipulate pleadings to avoid removal of settlement, as in the case of injunctive more in-State class actions stayed in the lawsuit to Federal court by claim- relief banning some type of bad con- State court. We also worked with Sen- ing that their client suffered under duct, is fair and reasonable, but a court ator SPECTER to make sure his con- $75,000 in damages in order to avoid would also be able to throw out sham cerns relative to class actions were meeting a Federal threshold, even settlements where lawyers get big pay- also addressed. though their client may have suffered checks while the plaintiffs get nothing The bill then was approved by the Ju- greater injury. Class lawyers craft law- or, as I have said before, worthless or diciary Committee and it was approved suits to defeat the complete diversity almost worthless coupons. on a solid, bipartisan vote. I wanted to requirements by ensuring that at least The bill also requires the judicial elaborate on the history of this bill to one named class member is from the conference to report back to Congress show how much time Congress has same State as the defendant. on best practices in class action cases spent on the problems with our class These are just a few of the games and how to best ensure fairness of a action system and all the work and all that are played and the gamesmanship class action settlement. Finally, the the compromises that have been put tactics that we have heard of that law- Class Action Fairness Act allows more into this bipartisan bill. yers like to utilize to bring down the class action lawsuits to be removed The Class Action Fairness Act has entire class action legal system. from State court to Federal court, ei- garnered increasing support over the The Class Action Fairness Act that is ther by a defendant or even by an years and I expect it will receive even before us will address some of the most unnamed class member. However, the greater support now with the signifi- egregious problems with the class ac- bill is drafted to ensure that truly local cant changes we have made in the Ju- tion system; yet preserving class ac- disputes would continue to be litigated diciary Committee several months ago. tion lawsuits is an important tool in State court. Current law provides We need class action reform badly. which brings representation to the un- that class lawyers can avoid removal of Both plaintiffs and defendants alike represented. a class action to Federal court if the are calling for change in the area of I will briefly summarize what this bi- individual claims are $75,000 or less, tort and class actions. The Class Ac- partisan bill does. First, the act re- even if hundreds of millions of dollars tion Fairness Act is a good, modest bill quires that notice of proposed settle- in total are at stake, or if just one that will help curb many problems that ments in all class actions, as well as all class member is from the same State as have plagued the class action system. class notices, must be in clear, easily the defendant. The bill will help class members know understood English and must include Our bill would eliminate the ‘‘com- what their rights are, increase their all material settlements, including plete diversity’’ rule but leave in State members’ protection, and ensure the amounts and sources of attorney’s fees. court class actions with fewer than 100 approval of fair settlements. It will When that happens, and I get one of plaintiffs, class actions that allow less allow nationwide class actions to be those notices, I am going to read it and than $5 million, class actions in which heard in the proper forum, and that is maybe I can make a decision that I a State entity is a primary defendant, the Federal courts, but keep primarily ought to join that class. But I am not and class actions brought against a State class actions where they ought going to mess around with trying to company in its home State if two- to be, in State court. have some lawyer interpret to me It will preserve the process, but put a whether or not I ought to be in a class thirds or more of the class members stop to the more egregious abuses. It action lawsuit when I get those no- are residents of that State. We have been working on finding a will also help to put a stop to the more tices. These notices that most plaintiffs re- fair solution to the class action prob- frivolous lawsuits that are very much a ceive are written in small print and in lem for several years. For the past four drag on the economy. I hope we can proceed to this bill. We confusing legal jargon. Since plaintiffs Congresses, Senator KOHL, Senator are very happy to consider amend- are giving up their right to sue, it is HATCH, and others have joined me, as ments. This bill is something that has important that they understand what the main sponsor of this bill, in study- had so much work on it over the last they are doing and the ramifications of ing the problems with the class action their actions. system and working on a way to deal four Congresses that it should move Second, this act requires that State with such egregious abuses of our tort ahead. The situation has not improved attorneys general, or other responsible system. any during that period of time. In fact, State government officials, be notified Over the years, the House and Senate TV magazine-type programs are full of of any proposed class settlement that Judiciary Committees have convened stories about continuous abuse of the would affect the residents of their numerous hearings on these class ac- tort class action system. We have situ- State. This provision helps protect tion abuses, making very obvious the ations where someone, a lowly county class members because such notice need for reform. The House has passed judge in some State, is making a deci- would provide these State officials similar versions of the class action bill sion that is applicable to all 50 States with an opportunity to object if the in several Congresses, and they have in a way that should not be done by settlement terms are unfair for their done it with strong bipartisan support, one isolated judge. These are cases that citizens. so frankly I don’t understand why we should be decided at the Federal level Third, this act disallows bounty pay- are running up against opposition on and have something that is going to be ments to lead plaintiffs so lawyers the other side to even bringing this bill a Federal policy applying to all 50 looking for victims cannot promise up for discussion. States done by a Federal court as op- them unwarranted payoffs to be their In the Senate, in the 105th Congress, posed to a county court system. excuse for filing a suit. The bill also I held hearings in the Judiciary Com- There are a lot of things we can say prevents class action settlements that mittee’s Administrative Oversight Sub- about this bill, but it is about time. I discriminate on the basis of geography committee and then marked up the would think there would be some em- so that one plaintiff does not receive first Grassley-Kohl class action bill. In barrassment on the other side of the more money than other class members the 106th Congress my subcommittee aisle, considering the fact of the bipar- who have been equally injured just be- held another hearing on class actions tisan support of this bill in the House cause that plaintiff lives near the and the Judiciary Committee marked of Representatives and how it has come courthouse. up and reported out class action legis- out of our Senate Judiciary Committee Fourth, the act requires that courts lation. The Judiciary Committee held with solid, bipartisan support, consid- closely scrutinize settlements where a hearing on class actions in the 107th ering modifications that have been

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.063 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12887 made for Democratic Senators who I now ask unanimous consent that the polls to elect their next president. were not part of the original bipartisan the live quorum as required under rule The months and days leading up to the coalition putting this bill together, XXII be waived. election were characterized by ex- that the legislative process is working, Mr. REID. No objection. tremely biased media attention for the the Senate is working its will, and now The PRESIDING OFFICER. Without pro-presidential Yeni Azerbaijan Party, we are up against what could be a objection, it is so ordered. YAP, and government-sponsored in- stone wall of resistance that is unjusti- f timidation and harassment of the oppo- sition parties. The U.S. Government fied. MORNING BUSINESS I hope we can move forward. We will and the OSCE expressed serious con- find out with votes very shortly. Mr. MCCONNELL. Mr. President, I cern about the preelection environ- Mr. President, I suggest the absence ask unanimous consent that there be a ment to the highest levels of Azer- of a quorum. period of morning business with Sen- baijan’s Government. Our advice went The PRESIDING OFFICER. The ators speaking for up to 10 minutes largely unheeded, and grave levels of clerk will call the roll. each. government interference and intimida- The assistant legislative clerk pro- The PRESIDING OFFICER. Without tion continued through election day. ceeded to call the roll. objection, it is so ordered. I traveled to Azerbaijan just before Mr. MCCONNELL. Mr. President, I f the election to meet with Azerbaijani ask unanimous consent that the order LVMPD VOLUNTEER PROGRAM political leaders to discuss these con- for the quorum call be rescinded. cerns. I told then-Prime Minister Mr. REID. Mr. President, I rise today The PRESIDING OFFICER. Without Ilham Aliyev in the clearest possible to pay tribute to a group of people who objection, it is so ordered. terms that the international commu- are giving their time and energy to Mr. MCCONNELL. Mr. President, I nity was carefully watching his actions make southern Nevada a better place ask unanimous consent that the Sen- and expected a democratic outcome. I to live. ate now proceed to the consideration of also met with a range of opposition Like every other city in the Nation, S. 1751, with all first-degree amend- leaders and assured them that we the city of Las Vegas faces the chal- ments relevant to the bill. shared their concerns and were work- lenge of providing essential services on The PRESIDING OFFICER. Is there ing to encourage the government to a tight budget. And the most essential objection? hold elections consistent with inter- Mr. REID. Mr. President, reserving service of all is public safety. This challenge is particularly dif- nationally recognized standards. the right to object, this is a very im- On election day, the OSCE and U.S. ficult in the Las Vegas area, which is portant piece of legislation. A signifi- government brought in over 600 inter- adding more than 6,000 new residents a cant majority of Senators on this side national election observers and de- month. While the national average is of the aisle want to do something ployed them nationwide. Although a about 2.5 police officers for every thou- about this legislation which is known number of areas were peaceful and or- sand residents, we have only 1.7 officers as the class action legislation. But we derly, observers noted many violations per thousand in Clark County. are terribly disappointed with the pro- of the new Unified Election Code, UEC. cedure that has been used to get us to Simply put, we need more police offi- cers in Las Vegas and Clark County. Violations included ballot stuffing, where we are. For example, Senator multiple voting, harassment at the BREAUX has been one of our point peo- There is no easy answer to this prob- lem—but fortunately there are hun- polling station by authorities, incom- ple on this and has worked very hard to plete voter lists, and a lack of regard try to get the issues resolved. Everyone dreds of people who have become part of the solution. for the procedural process of ballot tab- knows how fair he is and how he is the ulation. dealmaker here in the Senate. The Las Vegas police department sponsors a Metro Volunteer Program The undemocratic and blatant dis- For this and many other reasons, on regard for the UEC in both the behalf of many Senators on this side, that allows citizens to assist police of- ficers in a variety of tasks, from assist- preelection period and on election day we reluctantly object. led to civil unrest in Baku as the final The PRESIDING OFFICER. Objec- ing tourists to arranging for abandoned ballot counts were being made public. tion is heard. vehicles to be towed. Some of these volunteers visit The night of the election and the fol- CLOTURE MOTION lowing days showed citizens coming to- Mr. MCCONNELL. Mr. President, on schools to present programs on safety and crime prevention, while others gether in protest in large numbers in behalf of the majority leader, I send a response to the election’s failure to cloture motion to the desk to the pend- compile databases that are used to track crimes and solve cases. meet international standards. Reports ing motion to proceed. continue to come in of severe and The PRESIDING OFFICER. The clo- For every hour that a volunteer per- sometimes fatal violence against jour- ture motion having been presented forms one of these tasks, that is an- nalists and political activists. Not only under rule XXII, the Chair directs the other hour that a sworn police officer has the government has not met its ob- clerk to read the motion. is out on the street fighting crime. ligation to uphold law and order, but The assistant legislative clerk read Over the past year, 318 volunteers the government’s security forces are as follows: contributed more than 42,000 hours of largely responsible for the violence. CLOTURE MOTION service to the Las Vegas Metro Police Department. That is the equivalent of This presidential election was a We the undersigned Senators, in accord- chance for Azerbaijan to demonstrate ance with the provisions of Rule XXII of the 21 full-time police officers on the Standing Rules of the Senate, do hereby street, who would not be there other- its commitment to the democratic move to bring to a close debate on the mo- wise. process. Despite the new election code, tion to proceed to S. 1751, a bill to amend the In this way, the Metro Volunteer the ruling party chose to retain power procedures that apply to consideration of Program is making our community at all costs and to ensure that its can- interstate class actions to assure fairer out- safer. So I salute the volunteers on be- didate received nothing short of an comes for class members and defendants, and half of all of the citizens of Clark overwhelming victory. The United for other purposes. County. I also salute Sharon Harding, States will have to review its interest Bill Frist, Orrin G. Hatch, Charles Grass- in deepening strategic relations with ley, George Allen, Kay Bailey the coordinator of the Metro Volunteer Hutchison, Rick Santorum, Susan M. Program, and Sheriff Bill Young, who an Azerbaijani regime that does not Collins, Elizabeth Dole, Lindsey is always looking for ways to better enjoy the full legitimacy a free and fair Graham of South Carolina, Wayne Al- protect and serve the citizens of Clark election confers. We should step up lard, Pat Roberts, John Ensign, Thad County. American assistance to the democratic Cochran, , Jon Kyl, John opposition in Azerbaijan and continue f E. Sununu, Saxby Chambliss. to work to deepen civil society as a Mr. MCCONNELL. Mr. President, the ELECTIONS IN AZERBAIJAN bulwark against the state. The govern- vote on the motion to invoke cloture Mr. MCCAIN. Mr. President, on Octo- ment in Baku must know that the will occur on Wednesday of this week. ber 15, citizens of Azerbaijan went to United States values our relations with

VerDate jul 14 2003 01:17 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.066 S20PT1 S12888 CONGRESSIONAL RECORD — SENATE October 20, 2003 the people of Azerbaijan but cannot was there that he faithfully served waiting period in the disability insurance turn a blind eye to an election that until 2002. In addition, Reverend program, and for other purposes; to the Com- demonstrated such shortcomings, in- Bongiorno, as District Superintendent, mittee on Finance. cluding state-directed violence against was the denominational leader from f political opponents. Improved U.S.- 1978 to 2002 for all English-speaking As- ADDITIONAL COSPONSORS Azerbaijan relations require a new semblies of God congregations in Penn- S. 59 commitment to political pluralism, sylvania and Delaware. At the request of Mr. INOUYE, the and a rejection of political violence, on In his honor, the Penn-Del District of name of the Senator from Arkansas the part of a government that has the Assemblies of God has named its (Mrs. LINCOLN) was added as a cospon- failed this important test of demo- Carlisle, PA—based conference center sor of S. 59, a bill to amend title 10, cratic legitimacy. after him and in recognition of his 26 United States Code, to permit former f years of service and leadership, the members of the Armed Forces who Valley Forge Christian College has af- LOCAL LAW ENFORCEMENT ACT have a service-connected disability fixed his name to the first new student OF 2003 rated as total to travel on military air- residence hall constructed on the cam- craft in the same manner and to the Mr. SMITH. Mr. President, I rise pus grounds. same extent as retired members of the today to speak about the need for hate Philip Bongiorno is honored today in Armed Forces are entitled to travel on crimes legislation. On May 1, 2003, Sen- the U.S. Senate because he has been such aircraft. ator KENNEDY and I introduced the faithful to his calling, he has served S. 300 Local Law Enforcement Enhancement selflessly and widely, and he has led At the request of Mr. KERRY, the Act, a bill that would add new cat- with distinction. name of the Senator from Wyoming egories to current hate crimes law, f (Mr. ENZI) was added as a cosponsor of sending a signal that violence of any S. 300, a bill to award a congressional kind is unacceptable in our society. VOTE EXPLANATION gold medal to Jackie Robinson (post- I would like to describe a terrible Mr. JOHNSON. Mr. President. I was humously), in recognition of his many crime that occurred in my own back- unavoidably detained and absent from contributions to the Nation, and to ex- yard in Portland, OR. Early in the the Senate on the evening of Thursday, press the sense of Congress that there morning on Sunday, September 21, October 2, and I missed one voting dur- should be a national day in recognition 2003, two men who identified them- ing that time. I would like to state for of Jackie Robinson. selves as skinheads, stabbed one Afri- the RECORD how I would have voted. S. 560 can-American man and threatened an- I would have voted ‘‘nay’’ on rollcall At the request of Mr. CRAIG, the other with a gun. Sadly, these two ra- vote No. 376, a Stevens motion to table name of the Senator from Georgia (Mr. cially motivated crimes were com- the Dodd-Corzine amendment which MILLER) was added as a cosponsor of S. mitted by young men—both in their provided an additional $322 million for 560 , a bill to impose tariff-rate quotas early twenties—with hate in their battlefield clearance and safety equip- on certain casein and milk protein con- hearts. ment for U.S. forces in Iraq; and offsets I believe that Government’s first centrates. by reducing the amount provided for S. 854 duty is to defend its citizens, to defend reconstruction in Iraq by $322 million. them against the harms that come out At the request of Mr. COLEMAN, the of hate. The Local Law Enforcement f name of the Senator from Michigan (Mr. LEVIN) was added as a cosponsor of Enhancement Act is a symbol that can INTRODUCTION OF BILLS AND S. 854 , a bill to authorize a comprehen- become substance. I believe that by JOINT RESOLUTIONS passing this legislation and changing sive program of support for victims of The following bills and joint resolu- current law, we can change hearts and torture, and for other purposes. tions were introduced, read the first minds as well. S. 982 and second times by unanimous con- At the request of Mrs. BOXER, the f sent, and referred as indicated: names of the Senator from North Caro- IN RECOGNITION OF PHILIP By Mr. VOINOVICH (for himself and lina (Mrs. DOLE) and the Senator from BONGIORNO Mr. DEWINE): New Mexico (Mr. DOMENICI) were added S. 1758. A bill to require the Secretary of Mr. SPECTER. Mr. President, I rise as cosponsors of S. 982, a bill to halt the Treasury to analyze and report on the Syrian support for terrorism, end its today to recognize Philip Bongiorno, a exchange rate policies of the People’s Repub- Pennsylvania native and church leader lic of China, and to require that additional occupation of Lebanon, stop its devel- of the Assemblies of God whose life tariffs be imposed on products of that coun- opment of weapons of mass destruc- work has been to serve the people of try on the basis of the rate of manipulation tion, cease its illegal importation of his state, of his country, and of the by that country of the rate of exchange be- Iraqi oil, and hold Syria accountable world. tween the currency of that country and the for its role in the Middle East, and for Born in Erie, PA, on September 22, United States dollar; to the Committee on other purposes. Finance. 1932, Reverend Bongiorno entered East- S. 985 By Mr. BUNNING: At the request of Mr. DODD, the name ern Bible Institute in Green Lane, PA, S. 1759. A bill to amend the Internal Rev- in 1951 and subsequently graduated in enue Code of 1986 to reduce the holding pe- of the Senator from Pennsylvania (Mr. 1955. In 1952, Reverend Bongiorno mar- riod to 12 months for purposes of deter- SPECTER) was added as a cosponsor of ried his wife of 51 years and began his mining whether horses are section 1231 as- S. 985, a bill to amend the Federal Law ministry as an Assemblies of God evan- sets; to the Committee on Finance. Enforcement Pay Reform Act of 1990 to gelist. By Mr. COLEMAN: adjust the percentage differentials pay- Numerous Pennsylvania commu- S. 1760. A bill to amend title 35, United able to Federal law enforcement offi- nities have been the beneficiaries of States Code, with respect to patent fees, and cers in certain high-cost areas, and for for other purposes; to the Committee on the other purposes. Reverend Bongiorno’s dedicated serv- Judiciary. ice. From 1956 to 1978, he led congrega- By Ms. CANTWELL (for herself, Mr. S. 1180 tions in Milesburg, Punxsutawney, SMITH, Mrs. MURRAY, Mrs. FEINSTEIN, At the request of Mr. SANTORUM, the Sarver, and Harrisburg. In 1961, col- and Mr. WYDEN): name of the Senator from Georgia (Mr. leagues recognized his leadership by S. 1761. A bill to provide guidelines for the MILLER) was added as a cosponsor of S. electing Reverend Bongiorno as Sec- release of Low-Income Home Energy Assist- 1180, a bill to amend the Internal Rev- tional Presbyter. He was elected to the ance Program contingency funds; to the enue Code of 1986 to modify the work Board of Directors of Teen Challenge in Committee on Health, Education, Labor, and opportunity credit and the welfare-to- Pensions. work credit. 1971, where he continues to serve, and By Mr. CRAPO (for himself, Mr. BAYH, again in 1976 to the Board of Trustees and Mr. ROCKEFELLER): S. 1414 of Valley Forge Christian College, the S. 1762. A bill to amend title II of the social At the request of Mr. HAGEL, his successor college of his alma mater. It Security Act to eliminate the five-month name was added as a cosponsor of S.

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.068 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12889 1414, a bill to restore second amend- SNOWE) was added as a cosponsor of S. currency to the dollar, is one of their ment rights in the District of Colum- Con. Res. 21, a concurrent resolution top concerns and is costing Ohio manu- bia. expressing the sense of the Congress facturing jobs. It is these concerns S. 1465 that community inclusion and en- which have led me to introduce this At the request of Mr. FRIST, the hanced lives for individuals with men- legislation. name of the Senator from Wyoming tal retardation or other developmental If the value of the renminbi is al- (Mr. ENZI) was added as a cosponsor of disabilities is at serious risk because of lowed to float freely, as the currencies S. 1465, a bill to authorize the Presi- the crisis in recruiting and retaining of our other major trading partners do, dent to award a gold medal on behalf of direct support professionals, which im- it would reflect China’s enormous trade Congress honoring Wilma G. Rudolph, pedes the availability of a stable, qual- surplus and increase significantly in in recognition of her enduring con- ity direct support workforce. value. China’s systematic undervalu- tributions to humanity and women’s f ation of its currency makes its exports athletics in the United States and the less expensive and puts U.S. workers at STATEMENTS ON INTRODUCED world. a severe disadvantage. This is both un- BILLS AND JOINT RESOLUTIONS S. 1531 fair and unacceptable. At the request of Mr. HATCH, the I have long advocated free trade, pro- names of the Senator from New Hamp- By Mr. VOINOVICH (for himself vided it is fair trade. China’s currency shire (Mr. SUNUNU), the Senator from and Mr. DEWINE): policy clearly tilts the international Indiana (Mr. BAYH), the Senator from S. 1758. A bill to require the Sec- playing field against workers in Ohio New Hampshire (Mr. GREGG) , the Sen- retary of the Treasury to analyze and and across the entire United states. ator from Montana (Mr. BAUCUS), the report on the exchange rate policies of This is unacceptable. As a major inter- Senator from Florida (Mr. NELSON), the the People’s Republic of China, and to national trading nation, China’s cur- Senator from Maryland (Ms. MIKULSKI) require that additional tariffs be im- rency should be allowed to float and to and the Senator from Alaska (Ms. MUR- posed on products of that country on have its value reflect its net trade posi- KOWSKI) were added as cosponsors of S. the basis of the rate of manipulation tions with other nations. This is only 1531, a bill to require the Secretary of by that country of the rate of exchange fair. the Treasury to mint coins in com- between the currency of that country My bill will help level the playing memoration of Chief Justice John Mar- and the United States dollar; to the field by requiring the Secretary of the shall. Committee on Finance. Treasury, within sixty days of enact- S. 1558 Mr. VOINOVICH. Mr. President, ment, to analyze and report to Con- At the request of Mr. ALLARD, the today Senator DEWINE and I have in- gress whether China is manipulating name of the Senator from Kentucky troduced legislation that will help its currency to achieve an advantage in (Mr. BUNNING) was added as a cosponsor level the playing field for American trade. If the Secretary finds manipula- of S. 1558, a bill to restore religious manufacturers futilely struggling to tion, the report to Congress will indi- freedoms. keep pace with their Chinese competi- cate the degree of manipulation S. 1612 tors. My legislation, the Currency Har- against the dollar. Within thirty days At the request of Ms. COLLINS, the monization Initiative Through Neu- after reporting manipulation to Con- names of the Senator from Georgia tralizing Action (CHINA) Act of 2003, gress, the Secretary is required to levy (Mr. MILLER) and the Senator from would allow for the use of tariffs to tariffs equal to the percentage of ma- New York (Mrs. CLINTON) were added as punish China for unfair trade practices nipulation found. This is in addition to cosponsors of S. 1612, a bill to establish that makes Chinese exports cheaper, in tariffs currently in place on Chinese a technology, equipment, and informa- effect subsidizing them, and U.S. ex- imports. tion transfer within the Department of ports more expensive. Representatives Furthermore, the Treasury Secretary Homeland Security. ENGLISH, BALLENGER, and MARK GREEN, is directed to report to Congress there- S. 1708 my colleagues on the other side of the after on a yearly basis from date of en- At the request of Mr. KENNEDY, the Capitol, have already introduced this actment. Finally, the legislation ex- name of the Senator from Massachu- legislation in that body. presses the sense of Congress that the setts (Mr. KERRY) was added as a co- I am deeply concerned with the harm Administration should pursue all sponsor of S . 1708, a bill to provide ex- that the People’s Republic of China means available (WTO, IMF and Sec- tended unemployment benefits to dis- (China) is doing to our economy by tions 301–310 of the Trade ACt of 1974) placed workers, and to make other im- pegging the value of its currency, the to remedy China’s currency manipula- provements in the unemployment in- renminbi, to the U.S. dollar because tion. surance system. Ohio is a manufacturing State. Manu- If we are to stop the hemorrhaging of S. 1751 facturing contributes to the quality of American manufacturing jobs, we must At the request of Mr. CORNYN, his life in Ohio by providing more than one take strong measures to persuade name was added as a cosponsor of S. million jobs for Ohio workers, an an- China to abandon its peg policy and 1751, a bill to amend the procedures nual payroll of more than $45 billion, allow its currency to be set in the free that apply to consideration of inter- the second highest weekly earnings of and open marketplace. This is exactly state class actions to assure fairer out- any economic sector, support for local what my legislation does. comes for class members and defend- communities and schools with more I would ask that my colleagues, espe- ants, and for other purposes. than $1 billion in corporate franchise cially from those States that are feel- S. 1756 and personal property taxes, and more ing the effects of this manufacturing At the request of Mr. CONRAD, the than $26 billion in products to more crisis deeply, support this legislation names of the Senator from North Da- than 196 countries. and consider cosponsoring it. kota (Mr. DORGAN) and the Senator After a significant recession in 2001, from Mississippi (Mr. LOTT) were added the 2002–2003 manufacturing recovery By Mr. COLEMAN: as cosponsors of S. 1756, a bill to amend has been the slowest on record; during S. 1760. A bill to amend title 35, the Internal Revenue Code of 1986 to this time, roughly 2.7 million jobs have United States Code, with respect to protect the health benefits of retired been lost. In Ohio, we have lost 170,000 patent fees, and for other purposes; to miners and to restore stability and eq- manufacturing jobs since July 2000— the Committee on the Judiciary. uity to the financing of the United that’s nearly 16 percent or one out of Mr. COLEMAN. Mr. President, I ask Mine Workers of America Combined six. Over the past year, I have held nu- unanimous consent that the bill I in- Benefit Fund by providing additional merous listening sessions throughout troduce today to amend title 35, U.S. sources of revenue to the Fund, and for the State of Ohio to hear from these Code, to modernize patent and trade- other purposes. manufacturers and see what they at- mark fees, be printed in the RECORD. S. CON. RES. 21 tribute this loss of jobs to. Over- There being no objection, the bill was At the request of Mr. BUNNING, the whelming, I have heard that China, and ordered to be printed in the RECORD, as name of the Senator from Maine (Ms. particularly its policy of pegging its follows:

VerDate jul 14 2003 01:17 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.025 S20PT1 S12890 CONGRESSIONAL RECORD — SENATE October 20, 2003 S. 1760 section 111(a) of this title. The provisions of ity, or by causing a search by Office per- Be it enacted by the Senate and House of Rep- section 371(d) of this title relating to the sonnel to be made, of each application for resentatives of the United States of America in payment of the national fee shall apply to patent. Congress assembled, the payment of the fee specified in this para- ‘‘(B) For purposes of determining the fees graph with respect to an international appli- to be established under this paragraph, the SECTION 1. SHORT TITLE. cation. The Director may by regulation pro- cost to the Office of causing a search of an This Act may be cited as the ‘‘United vide for a refund of any part of the fee speci- application to be made by Office personnel States Patent and Trademark Fee Mod- fied in this paragraph for any applicant who shall be deemed to be— ernization Act of 2003’’. files a written declaration of express aban- ‘‘(i) $500 for each application for an origi- SEC. 2. FEES FOR PATENT SERVICES. donment as prescribed by the Director before nal patent, except for design, plant, provi- (a) GENERAL PATENT FEES.—Section 41(a) an examination has been made of the appli- sional, or international applications; of title 35, United States Code, is amended to cation under section 131 of this title, and for ‘‘(ii) $100 for each application for an origi- read as follows: any applicant who provides a search report nal design patent; ‘‘(a) GENERAL FEES.—The Director shall that meets the conditions prescribed by the ‘‘(iii) $300 for each application for an origi- charge the following fees: Director. nal plant patent; ‘‘(1) FILING AND BASIC NATIONAL FEES.— ‘‘(4) ISSUE FEES.— ‘‘(iv) $500 for the national stage of each ‘‘(A) On filing each application for an ‘‘(A) For issuing each original patent, ex- international application; and original patent, except for design, plant, or cept for design or plant patents, $1,400. ‘‘(v) $500 for each application for the re- provisional applications, $300. ‘‘(B) For issuing each original design pat- issue of a patent. ‘‘(B) On filing each application for an origi- ent, $800. ‘‘(C) The provisions of section 111(a)(3) of nal design patent, $200. ‘‘(C) For issuing each original plant patent, this title relating to the payment of the fee ‘‘(C) On filing each application for an origi- $1,100. for filing the application shall apply to the nal plant patent, $200. ‘‘(D) For issuing each reissue patent, $1,400. payment of the fee specified in this para- ‘‘(D) On filing each provisional application ‘‘(5) DISCLAIMER FEE.—On filing each dis- graph with respect to an application filed for an original patent, $200. claimer, $130. under section 111(a) of this title. The provi- ‘‘(E) On filing each application for the re- ‘‘(6) APPEAL FEES.— sions of section 371(d) of this title relating to issue of a patent, $300. ‘‘(A) On filing an appeal from the examiner the payment of the national fee shall apply ‘‘(F) The basic national fee for each inter- to the Board of Patent Appeals and Inter- to the payment of the fee specified in this national application filed under the treaty ferences, $500. paragraph with respect to an international defined in section 351(a) of this title entering ‘‘(B) In addition, on filing a brief in sup- application. the national stage under section 371 of this port of the appeal, $500, and on requesting an ‘‘(D) The Director may by regulation pro- title, $300. oral hearing in the appeal before the Board vide for a refund of any part of the fee speci- ‘‘(G) In addition, excluding any sequence of Patent Appeals and Interferences, $1,000. fied in this paragraph for any applicant who files a written declaration of express aban- listing or computer program listing filed in ‘‘(7) REVIVAL FEES.—On filing each petition an electronic medium as prescribed by the for the revival of an unintentionally aban- donment as prescribed by the Director before Director, for any application the specifica- doned application for a patent, for the unin- an examination has been made of the appli- cation under section 131 of this title, and for tion and drawings of which exceed 100 sheets tentionally delayed payment of the fee for any applicant who provides a search report of paper (or equivalent as prescribed by the issuing each patent, or for an unintention- that meets the conditions prescribed by the Director if filed in an electronic medium), ally delayed response by the patent owner in Director. $250 for each additional 50 sheets of paper (or any reexamination proceeding, $1,500, unless ‘‘(E) For purposes of subparagraph (A), a equivalent as prescribed by the Director if the petition is filed under section 133 or 151 ‘qualified search authority’ may not include filed in an electronic medium) or fraction of this title, in which case the fee shall be a commercial entity unless— thereof. $500. ‘‘(i) the Director conducts a pilot program ‘‘(2) EXCESS CLAIMS FEES.—In addition to ‘‘(8) EXTENSION FEES.—For petitions for 1- of limited scope, conducted over a period of the fee specified in paragraph (1)— month extensions of time to take actions re- not more than 18 months, which dem- ‘‘(A) on filing or on presentation at any quired by the Director in an application— other time, $200 for each claim in inde- onstrates that searches by commercial enti- ‘‘(A) on filing a first petition, $120; ties of the available prior art relating to the pendent form in excess of 3; ‘‘(B) on filing a second petition, $330; and ‘‘(B) on filing or on presentation at any subject matter of inventions claimed in pat- ‘‘(C) on filing a third or subsequent peti- ent applications— other time, $50 for each claim (whether de- tion, $570.’’. pendent or independent) in excess of 20; and ‘‘(I) are accurate; and (b) PATENT MAINTENANCE FEES.—Section ‘‘(II) meet or exceed the standards of ‘‘(C) for each application containing a mul- 41(b) of title 35, United States Code, is tiple dependent claim, $360. searches conducted by and used by the Pat- amended to read as follows: ent and Trademark Office during the patent For the purpose of computing fees under this ‘‘(b) MAINTENANCE FEES.—The Director examination process; paragraph, a multiple dependent claim re- shall charge the following fees for maintain- ‘‘(ii) the Director submits a report on the ferred to in section 112 of this title or any ing in force all patents based on applications results of the pilot program to the Congress claim depending therefrom shall be consid- filed on or after December 12, 1980: and the Patent Public Advisory Committee ered as separate dependent claims in accord- ‘‘(1) 3 years and 6 months after grant, $900. that includes— ance with the number of claims to which ref- ‘‘(2) 7 years and 6 months after grant, ‘‘(I) a description of the scope and duration erence is made. The Director may by regula- $2,300. of the pilot program; tion provide for a refund of any part of the ‘‘(3) 11 years and 6 months after grant, ‘‘(II) the identity of each commercial enti- fee specified in this paragraph for any claim $3,800. ty participating in the pilot program; that is canceled before an examination on Unless payment of the applicable mainte- ‘‘(III) an explanation of the methodology the merits, as prescribed by the Director, has nance fee is received in the United States used to evaluate the accuracy and quality of been made of the application under section Patent and Trademark Office on or before the search reports; and 131 of this title. Errors in payment of the ad- the date the fee is due or within a grace pe- ‘‘(IV) an assessment of the effects that the ditional fees under this paragraph may be riod of 6 months thereafter, the patent will pilot program, as compared to searches con- rectified in accordance with regulations pre- expire as of the end of such grace period. The ducted by the Patent and Trademark Office, scribed by the Director. Director may require the payment of a sur- had and will have on— ‘‘(3) EXAMINATION FEES.— charge as a condition of accepting within ‘‘(aa) patentability determinations; ‘‘(A) For examination of each application such 6-month grace period the payment of an ‘‘(bb) productivity of the Patent and for an original patent, except for design, applicable maintenance fee. No fee may be Trademark Office; plant, provisional, or international applica- established for maintaining a design or plant ‘‘(cc) costs to the Patent and Trademark tions, $200. patent in force.’’. Office; ‘‘(B) For examination of each application (c) PATENT SEARCH FEES.—Section 41(d) of ‘‘(dd) costs to patent applicants; and for an original design patent, $130. title 35, United States Code, is amended to ‘‘(ee) other relevant factors; ‘‘(C) For examination of each application read as follows: ‘‘(iii) the Patent Public Advisory Com- for an original plant patent, $160. ‘‘(d) PATENT SEARCH AND OTHER FEES.— mittee reviews and analyzes the Director’s ‘‘(D) For examination of the national stage ‘‘(1) PATENT SEARCH FEES.—(A) The Direc- report under clause (ii) and the results of the of each international application, $200. tor shall charge a fee for the search of each pilot program and submits a separate report ‘‘(E) For examination of each application application for a patent, except for provi- on its analysis to the Director and the Con- for the reissue of a patent, $600. sional applications. The Director shall estab- gress that includes— The provisions of section 111(a)(3) of this lish the fees charged under this paragraph to ‘‘(I) an independent evaluation of the ef- title relating to the payment of the fee for recover an amount not to exceed the esti- fects that the pilot program, as compared to filing the application shall apply to the pay- mated average cost to the Office of searching searches conducted by the Patent and Trade- ment of the fee specified in this paragraph applications for patent either by acquiring a mark Office, had and will have on the factors with respect to an application filed under search report from a qualified search author- set forth in clause (ii)(IV); and

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.022 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12891 ‘‘(II) an analysis of the reasonableness, ap- (1) in the subsection heading, by striking provisional, or international application, propriateness, and effectiveness of the meth- ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’; $500; ods used in the pilot program to make the and (B) for the search of each application for evaluations required under clause (ii)(IV); (2) in paragraphs (1) and (2), by striking an original design patent, $100; and ‘‘Commissioner’’ each place it appears and (C) for the search of each application for an ‘‘(iv) the Congress does not, during the 1- inserting ‘‘Director’’. original plant patent, $300; year period beginning on the date on which (b) EFFECTIVE DATE.—The amendments (D) for the search of the national stage of the Patent Public Advisory Committee sub- made by subsection (a) shall be effective as each international application, $500; and mits its report to the Congress under clause of the date of the enactment of Public Law (E) for the search of each application for (iii), enact a law prohibiting searches by 107–273. the reissue of a patent, $500. commercial entities of the available prior SEC. 5. PATENT AND TRADEMARK OFFICE FUND- (2) TIMING OF FEES.—The provisions of sec- art relating to the subject matter of inven- ING. tion 111(a)(3) of title 35, United States Code, tions claimed in patent applications. Section 42 of title 35, United States Code, relating to the payment of the fee for filing ‘‘(2) OTHER FEES.—The Director shall estab- is amended— the application shall apply to the payment of lish fees for all other processing, services, or (1) in subsection (b), by striking ‘‘Appro- the fee specified in paragraph (1) with re- materials relating to patents not specified in priation’’; and spect to an application filed under section this section to recover the estimated average (2) in subsection (c), in the first sentence— 111(a) of title 35, United States Code. The cost to the Office of such processing, serv- (A) by striking ‘‘To the extent’’ and all provisions of section 371(d) of title 35, United ices, or materials, except that the Director that follows through ‘‘fees’’ and inserting States Code, relating to the payment of the shall charge the following fees for the fol- ‘‘Fees’’; and national fee shall apply to the payment of lowing services: (B) by striking ‘‘shall be collected by and the fee specified in paragraph (1) with re- ‘‘(A) For recording a document affecting shall be available to the Director’’ and in- spect to an international application. serting ‘‘shall be collected by the Director title, $40 per property. (3) REFUNDS.—The Director may by regula- ‘‘(B) For each photocopy, $.25 per page. and shall be available until expended’’. tion provide for a refund of any part of the ‘‘(C) For each black and white copy of a SEC. 6. EFFECTIVE DATE, APPLICABILITY, AND fee specified in paragraph (1) for any appli- patent, $3. TRANSITIONAL PROVISION. cant who files a written declaration of ex- (a) EFFECTIVE DATE.—Except as provided in press abandonment as prescribed by the Di- The yearly fee for providing a library speci- section 4 and this section, this Act and the rector before an examination has been made fied in section 12 of this title with amendments made by this Act shall take ef- of the application under section 131 of title uncertified printed copies of the specifica- fect on October 1, 2003, or the date of the en- 35, United States Code, and for any applicant tions and drawings for all patents in that actment of this Act, whichever is later. year shall be $50.’’. (b) APPLICABILITY.— who provides a search report that meets the (d) ADJUSTMENTS.—Section 41(f) of title 35, (1)(A) Except as provided in subparagraphs conditions prescribed by the Director. (d) EXISTING APPROPRIATIONS.—The provi- United States Code, shall apply to the fees (B) and (C), the amendments made by section sions of any appropriation Act that make established under the amendments made by 2 shall apply to all patents, whenever grant- amounts available pursuant to section 42(c) this section, beginning in fiscal year 2005. ed, and to all patent applications pending on of title 35, United States Code, and are in ef- (e) CONFORMING AMENDMENTS.— or filed after the effective date set forth in fect on the effective date set forth in sub- (1) Section 41 of title 35, United States subsection (a) of this section. section (a) shall cease to be effective on that Code, is amended— (B)(i) Except as provided in clause (ii), sec- effective date. (A) in subsection (c), by striking ‘‘(c)(1)’’ tions 41(a)(1), 41(a)(3), and 41(d)(1) of title 35, and inserting ‘‘(c) LATE PAYMENT OF FEES.— United States Code, as amended by this Act, SEC. 7. DEFINITION. In this Act, the term ‘‘Director’’ means the (1)’’; shall apply only to— Under Secretary of Commerce for Intellec- (B) in subsection (e), by striking ‘‘(e)’’ and (I) applications for patents filed under sec- tual Property and Director of the United inserting ‘‘(e) WAIVERS OF CERTAIN FEES.—’’; tion 111(a) of title 35, United States Code, on States Patent and Trademark Office. (C) in subsection (f), by striking ‘‘(f)’’ and or after the effective date set forth in sub- inserting ‘‘(f) ADJUSTMENTS IN FEES.—’’; section (a) of this section, and SEC. 8. CLERICAL AMENDMENT. Subsection (c) of section 311 of title 35, (D) in subsection (g), by striking ‘‘(g)’’ and (II) international applications entering the United States Code, is amended by aligning inserting ‘‘(g) EFFECTIVE DATES OF FEES.—’’; national stage under section 371 of title 35, the text with the text of subsection (a) of (E) in subsection (h), by striking ‘‘(h)(1)’’ United States Code, for which the basic na- such section. and inserting ‘‘(h) REDUCTIONS IN FEES FOR tional fee specified in section 41 of title 35, CERTAIN ENTITIES.—(1)’’; and United States Code, was not paid before the By Ms. CANTWELL (for herself, (F) in subsection (i), by striking ‘‘(i)(1)’’ effective date set forth in subsection (a) of and inserting ‘‘(i) SEARCH SYSTEMS.—(1)’’. this section. Mr. SMITH, Mrs. MURRAY, Mrs. (2) Section 119(e)(2) of title 35, United (ii) Section 41(a)(1)(D) of title 35, United FEINSTEIN, and Mr. WYDEN): States Code, is amended by striking ‘‘sub- States Code as amended by this Act, shall S. 1761. A bill to provide guidelines paragraph (A) or (C) of’’. apply only to applications for patent filed for the release of Low-Income Home SEC. 3. ADJUSTMENT OF TRADEMARK FEES. under section 111(b) of title 35, United States Energy Assistance Program contin- (a) FEE FOR FILING APPLICATION.—The fee Code, before, on, or after the effective date gency funds; to the Committee on under section 31(a) of the Trademark Act of set forth in subsection (a) of this section in Health, Education, Labor, and Pen- 1946 (15 U.S.C. 1113(a)) for filing an electronic which the filing fee specified in section 41 of sions. application for the registration of a trade- title 35, United States Code, was not paid be- Ms. CANTWELL. Mr. President, I mark shall be $325. If the trademark applica- fore the effective date set forth in subsection rise today to introduce the Low-In- tion is filed on paper, the fee shall be $375. (a) of this section. come Home Energy Assistance Pro- The Director may reduce the fee for filing an (C) Section 41(a)(2) of title 35, United electronic application for the registration of States Code, as amended by this Act, shall gram (LIHEAP) Emergency Reform a trademark to $275 for any applicant who apply only to the extent that the number of Act, which will put in place guidelines prosecutes the application through elec- excess claims, after giving effect to any can- for the release of LIHEAP contingency tronic means under such conditions as may cellation of claims, is in excess of the num- funds. be prescribed by the Director. Beginning in ber of claims for which the excess claims fee The LIHEAP program, created in fiscal year 2005, the provisions of the second specified in section 41 of title 35, United 1981, is the primary vehicle by which and third sentences of section 31(a) of the States Code, was paid before the effective the Federal Government, through Trademark Act of 1946 shall apply to the fees date set forth in subsection (a) of this sec- block grants to States, provides energy established under this section. tion. assistance to low-income families. I ap- (b) REFERENCE TO TRADEMARK ACT OF (2) The amendments made by section 3 1946.—For purposes of this section, the shall apply to all applications for the reg- plaud the provisions contained in pend- ‘‘Trademark Act of 1946’’ refers to the Act istration of a trademark filed or amended on ing energy legislation that will raise entitled ‘‘An Act to provide for the registra- or after the effective date set forth in sub- the LIHEAP authorization from $2 bil- tion and protection of trademarks used in section (a) of this section. lion to $3.4 billion for Fiscal Years 2004 commerce, to carry out the provisions of cer- (c) TRANSITIONAL PROVISIONS.— through 2006. As in most parts of the tain international conventions, and for other (1) SEARCH FEES.—During the period begin- country, demand for LIHEAP dollars purposes.’’, approved July 5, 1946 (15 U.S.C. ning on the effective date set forth in sub- far outpaces the supply in my home 1051 et seq.). section (a) of this section and ending on the State of Washington, where, even when SEC. 4. CORRECTION OF ERRONEOUS NAMING OF date on which the Director establishes OFFICER. search fees under the authority provided in fully funded under the current author- (a) CORRECTION.—Section 13203(a) of the section 41(d)(1) of title 35, United States ization, only 19 percent of eligible fam- 21st Century Department of Justice Appro- Code, the Director shall charge— ilies receive home energy assistance. priations Authorization Act (Public Law 107– (A) for the search of each application for The legislation I’m introducing 273; 116 Stat. 1902) is amended— an original patent, except for design, plant, today, however, deals not with the

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.022 S20PT1 S12892 CONGRESSIONAL RECORD — SENATE October 20, 2003 block-grant portion of the current pro- In addition, it directs HHS to con- MacCleery, an employee of the Depart- gram, in which allocations to States sider regional rather than absolute, ment of Agriculture who has been de- are determined via formula. Rather, it price trends. This is a very important tailed to the Agriculture Committee, applies to the contingency fund, which point, because, regardless of how low a and Eric Steiner, a fellow on the com- was also authorized in 1981 ‘‘to meet State’s prices might be compared to its mittee staff, be granted privileges of the additional home energy assistance neighbor’s, a drastic run up in rates the floor during today’s session. needs of one or more States arising has devastating impacts when its man- The PRESIDENT pro tempore. With- from a natural disaster or other emer- ufacturing base, residential homes and out objection, it is so ordered. gency.’’ As my colleagues are aware, truly its entire economy are built upon f this money is not released according to access to an affordable power supply. EMERGENCY SUPPLEMENTAL AP- formula but solely at the discretion of In summary, LIHEAP Emergency Re- PROPRIATIONS FOR IRAQ AND the Health and Human Services Sec- form Act provides additional certainty AFGHANISTAN SECURITY AND retary. to states across the country. RECONSTRUCTION ACT, 2004 The LIHEAP Emergency Reform Act I understand that the Senate Health, does four things, designed to provide Education, Labor and Pensions (HELP) On Friday, October 17, 2003, the Sen- clarity to States that are in the unfor- Committee will soon consider legisla- ate passed H.R. 3289, as amended, as tunate position of suffering from an tion to reauthorize the LIHEAP pro- follows: emergency, as defined in the LIHEAP gram. As my colleagues may recall, the H.R. 3289 statute. My legislation: gives Gov- provisions of the LIHEAP Emergency Resolved, That the bill from the ernors the explicit authority to apply Reform Act were originally included in House of Representatives (H.R. 3289) to the HHS Secretary for the release of the Senate energy bill, now the subject entitled ‘‘An Act making emergency LIHEAP contingency funds; adds trans- of conference committee deliberations. supplemental appropriations for de- parency to the release of emergency fense and for the reconstruction of Iraq money by directing HHS, in coopera- During floor debate on that bill, I was and Afghanistan for the fiscal year tion with the States and Department of pleased that the distinguished Chair- Energy, to put in place procedures for man and Ranking Member of the HELP ending September 30, 2004, and for the equitable consideration of these ap- Committee, Senators GREGG and KEN- other purposes.’’, do pass with the fol- plications; requires HHS to include in NEDY, agreed to examine the contin- lowing amendment: these procedures the consideration of gency fund issue during reauthoriza- Strike out all after the enacting clause regional differences in sources of en- tion of the LIHEAP program. I believe and insert: that clear rules for the release of That the following sums are appropriated, out ergy supply for low-income households, of any money in the Treasury not otherwise ap- relative energy price trends and rel- LIHEAP contingency funds will ensure that, in the unfortunate event of an en- propriated, for the fiscal year ending September evant weather-related factors such as 30, 2003, and for other purposes, namely: drought; and finally, directs HHS to ergy emergency, low-income families will receive much-needed assistance in TITLE I—NATIONAL SECURITY grant States’ applications within 30 CHAPTER 1 days unless the Secretary certifies that keeping the lights and the heat turned DEPARTMENT OF DEFENSE an emergency, as defined in the stat- on, which is precisely what Congress ute, has not been demonstrated. intends when it appropriates money to MILITARY PERSONNEL Since 1990, a total of $2.67 billion in the LIHEAP contingency fund. I be- MILITARY PERSONNEL, ARMY LIHEAP contingency funds have been lieve the LIHEAP Emergency Reform For an additional amount for ‘‘Military Per- distributed. And while there is no Act will help provide this additional sonnel, Army’’, $12,858,870,000. doubt in my mind that, in all cases, certainty. MILITARY PERSONNEL, NAVY For an additional amount for ‘‘Military Per- this money has helped meet the needs f of low-income families across this Na- sonnel, Navy’’, $816,100,000. tion, I believe there have also been AUTHORITY FOR COMMITTEES TO MILITARY PERSONNEL, MARINE CORPS widely varying eligibility rules leading MEET For an additional amount for ‘‘Military Per- to instances in which HHS has over- SPECIAL COMMITTEE ON AGING sonnel, Marine Corps’’, $753,190,000. looked very real energy emergencies. Mr. HATCH. Mr. President, I ask MILITARY PERSONNEL, AIR FORCE In the Pacific Northwest, for exam- unanimous consent that the Special For an additional amount for ‘‘Military Per- ple, we have over the past two years Committee on Aging be authorized to sonnel, Air Force’’, $3,384,700,000. suffered from an unprecedented rise in meet on Monday, October 20, 2003, from OPERATION AND MAINTENANCE retail energy rates, the burden of 1:30 p.m.–4 p.m., in Dirksen 628 for the OPERATION AND MAINTENANCE, ARMY which has fallen disproportionately on purpose of conducting a hearing. For an additional amount for ‘‘Operation and low-income families. In fact, today, The PRESIDING OFFICER. Without Maintenance, Army’’, $24,946,464,000: Provided, Washington State families at or below objection, it is so ordered. That the entire amount is designated by the the 50 percent Federal poverty level Congress as an emergency requirement pursuant spend 34 percent or more of their an- f to section 502 of House Concurrent Resolution 95, the concurrent resolution on the budget for nual income on home energy bills. PRIVILEGES OF THE FLOOR That is a huge burden, especially in fiscal year 2004: Provided further, That the en- view of our rising unemployment rate Mr. HATCH. Mr. President, I ask tire amount shall be available only to the extent unanimous consent the following staff- that an official budget request for a specific dol- and the severe downturn in our econ- lar amount, that includes designation of the en- omy. ers be granted privilege of the floor during the pendency of the class action tire amount of the request as an emergency re- Unfortunately, Northwest States quirement as defined in House Concurrent Reso- have not received emergency LIHEAP fairness debate: Rebecca Seidel, Harold lution 95, the concurrent resolution on the funds consistent with their needs. In Kim, Ryan Triplette, Jay Greissing budget for fiscal year 2004, is transmitted by the part, I believe this is because of the from Senator HATCH’s staff; and Rita President to the Congress. perception that our rates will, notwith- Lari and Matt Reed from Senator OPERATION AND MAINTENANCE, NAVY RASSLEY standing any increases we might suffer, G ’s staff. (INCLUDING TRANSFER OF FUNDS) always be lower, and because this The PRESIDING OFFICER. Without For an additional amount for ‘‘Operation and money has traditionally been used to objection, it is so ordered. Maintenance, Navy’’, $1,976,258,000, of which defray the costs of natural gas and Mr. CORNYN. I ask unanimous con- up to $80,000,000 may be transferred to the De- home heating oil in the Midwest and sent Lindsey Kiser and Chip Roy, mem- partment of Homeland Security for Coast Guard Northeast. bers of my staff, be given floor privi- Operations. This legislation requires HHS to con- leges during the duration of my re- OPERATION AND MAINTENANCE, MARINE CORPS sider regional factors such as the fact marks. For an additional amount for ‘‘Operation and that home heating oil prices are not The PRESIDING OFFICER. Without Maintenance, Marine Corps’’, $1,198,981,000. relevant to Washington State’s low-in- objection, it is so ordered. OPERATION AND MAINTENANCE, AIR FORCE come families, 77 percent of which have Mr. COCHRAN. Mr. President, I ask For an additional amount for ‘‘Operation and homes reliant on electricity. unanimous consent that Doug Maintenance, Air Force’’, $5,516,368,000.

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OPERATION AND MAINTENANCE, DEFENSE-WIDE Department of Defense from the Iraq Relief and $39,070,000, to remain available until September For an additional amount for ‘‘Operation and Reconstruction Fund. 30, 2005. Maintenance, Defense-Wide’’, $4,218,452,000, of PROCUREMENT RESEARCH, DEVELOPMENT, TEST AND which— MISSILE PROCUREMENT, ARMY EVALUATION, DEFENSE-WIDE (1) not to exceed $15,000,000 may be used for For an additional amount for ‘‘Missile Pro- For an additional amount for ‘‘Research, De- the CINC Initiative Fund account, to be used curement, Army’’, $6,200,000, to remain available velopment, Test and Evaluation, Defense- primarily in Iraq and Afghanistan; and until September 30, 2006. Wide’’, $265,817,000, to remain available until (2) $1,000,000,000, to remain available until ex- PROCUREMENT OF WEAPONS AND TRACKED September 30, 2005. pended, may be used, notwithstanding any COMBAT VEHICLES, ARMY REVOLVING AND MANAGEMENT FUNDS other provision of law, for payments to reim- burse Pakistan, Jordan, and other key cooper- For an additional amount for ‘‘Procurement WORKING CAPITAL FUND, DEFENSE-WIDE ating nations, for logistical, military, and other of Weapons and Tracked Combat Vehicles, For an additional amount for ‘‘Working Cap- support provided, or to be provided, to United Army’’, $104,000,000, to remain available until ital Fund, Defense-Wide’’, $600,000,000. September 30, 2006: Provided, That the entire States military operations: Provided, That such NATIONAL DEFENSE SEALIFT FUND amount is designated by the Congress as an payments may be made in such amounts as the For an additional amount for ‘‘National De- Secretary of Defense, with the concurrence of emergency requirement pursuant to section 502 of House Concurrent Resolution 95, the concur- fense Sealift Fund’’, $24,000,000, to remain the Secretary of State, and in consultation with available until expended. the Director of the Office of Management and rent resolution on the budget for fiscal year Budget, may determine, in his discretion, based 2004: Provided further, That the entire amount OTHER DEPARTMENT OF DEFENSE on documentation determined by the Secretary shall be available only to the extent that an of- PROGRAMS of Defense to adequately account for the sup- ficial budget request for a specific dollar DEFENSE HEALTH PROGRAM port provided, and such determination is final amount, that includes designation of the entire For an additional amount for ‘‘Defense and conclusive upon the accounting officers of amount of the request as an emergency require- Health Program’’, $658,380,000 for Operation the United States, and 15 days following notifi- ment as defined in House Concurrent Resolution and maintenance. 95, the concurrent resolution on the budget for cation to the appropriate congressional commit- DRUG INTERDICTION AND COUNTER-DRUG fiscal year 2004, is transmitted by the President tees: Provided further, That the Secretary of De- ACTIVITIES, DEFENSE fense shall provide quarterly reports to the Com- to the Congress. For an additional amount for ‘‘Drug Interdic- mittees on Appropriations on the use of these OTHER PROCUREMENT, ARMY tion and Counter-Drug Activities, Defense’’, funds. For an additional amount for ‘‘Other Procure- $73,000,000: Provided, That these funds may be OPERATION AND MAINTENANCE, MARINE CORPS ment, Army’’, $1,078,687,000, to remain available used only for such activities related to Afghani- RESERVE until September 30, 2006: Provided, That the en- stan: Provided further, That the Secretary of For an additional amount for ‘‘Operation and tire amount is designated by the Congress as an Defense may transfer the funds provided herein Maintenance, Marine Corps Reserve’’, emergency requirement pursuant to section 502 only to appropriations for military personnel; $16,000,000. of House Concurrent Resolution 95, the concur- operation and maintenance; procurement; and rent resolution on the budget for fiscal year OPERATION AND MAINTENANCE, AIR FORCE research, development, test, and evaluation: 2004: Provided further, That the entire amount RESERVE Provided further, That the funds transferred shall be available only to the extent that an of- shall be merged with and be available for the For an additional amount for ‘‘Operation and ficial budget request for a specific dollar Maintenance, Air Force Reserve’’, $53,000,000. same purposes and for the same time period, as amount, that includes designation of the entire the appropriation to which transferred: Pro- OPERATION AND MAINTENANCE, AIR NATIONAL amount of the request as an emergency require- vided further, That the transfer authority pro- GUARD ment as defined in House Concurrent Resolution vided in this paragraph is in addition to any For an additional amount for ‘‘Operation and 95, the concurrent resolution on the budget for other transfer authority available to the Depart- Maintenance, Air National Guard’’, fiscal year 2004, is transmitted by the President ment of Defense: Provided further, That upon a $214,000,000. to the Congress. determination that all or part of the funds OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AIRCRAFT PROCUREMENT, NAVY transferred from this appropriation are not nec- AID For an additional amount for ‘‘Aircraft Pro- essary for the purposes provided herein, such For an additional amount for ‘‘Overseas Hu- curement, Navy’’, $128,600,000, to remain avail- amounts may be transferred back to this appro- manitarian, Disaster, and Civic Aid’’, able until September 30, 2006. priation. $35,500,000. OTHER PROCUREMENT, NAVY RELATED AGENCIES IRAQ FREEDOM FUND For an additional amount for ‘‘Other Procure- INTELLIGENCE COMMUNITY MANAGEMENT (TRANSFER OF FUNDS) ment, Navy’’, $76,357,000, to remain available ACCOUNT until September 30, 2006. For ‘‘Iraq Freedom Fund’’, $1,988,600,000, to (INCLUDING TRANSFER OF FUNDS) remain available for transfer until September 30, PROCUREMENT, MARINE CORPS For an additional amount for ‘‘Intelligence 2005, for the purposes authorized under this For an additional amount for ‘‘Procurement, Community Management Account’’, $21,500,000, heading in Public Law 108–11: Provided, That Marine Corps’’, $123,397,000, to remain available to remain available until September 30, 2005; of the Secretary of Defense may transfer the funds until September 30, 2006. which $3,000,000 may be transferred to and provided herein to appropriations for military AIRCRAFT PROCUREMENT, AIR FORCE merged with the Department of Energy, ‘‘Other personnel; operation and maintenance; Overseas For an additional amount for ‘‘Aircraft Pro- Defense Activities’’, and $15,500,000 may be Humanitarian, Disaster Assistance, and Civic curement, Air Force’’, $40,972,000, to remain transferred to and merged with the Federal Bu- Aid; procurement; military construction; the De- available until September 30, 2006. reau of Investigation, ‘‘Salaries and Expenses’’. fense Health Program; and working capital MISSILE PROCUREMENT, AIR FORCE CHAPTER 2 funds: Provided further, That funds transferred For an additional amount for ‘‘Missile Pro- MILITARY CONSTRUCTION shall be merged with and be available for the curement, Air Force’’, $20,450,000, to remain same purposes and for the same time period as MILITARY CONSTRUCTION, ARMY available until September 30, 2006. the appropriation or fund to which transferred: For an additional amount for ‘‘‘Military Con- Provided further, That this transfer authority is OTHER PROCUREMENT, AIR FORCE struction, Army’’, $119,900,000, to remain avail- in addition to any other transfer authority For an additional amount for ‘‘Other Procure- able until September 30, 2008: Provided, That available to the Department of Defense: Pro- ment, Air Force’’, $3,441,006,000, to remain such funds may be obligated and expended to vided further, That upon a determination that available until September 30, 2006. carry out military construction projects not oth- all or part of the funds transferred from this ap- PROCUREMENT, DEFENSE-WIDE erwise authorized by law. propriation are not necessary for the purposes For an additional amount for ‘‘Procurement, MILITARY CONSTRUCTION, AIR FORCE provided herein, such amounts may be trans- Defense-Wide’’, $435,635,000, to remain available For an additional amount for ‘‘Military Con- ferred back to this appropriation: Provided fur- until September 30, 2006. struction, Air Force’’, $292,550,000, to remain ther, That the Secretary of Defense shall, not RESEARCH, DEVELOPMENT, TEST AND available until September 30, 2008: Provided, fewer than 5 days prior to making transfers EVALUATION That such funds may be obligated and expended from this appropriation, notify the congres- RESEARCH, DEVELOPMENT, TEST AND to carry out military construction projects not sional defense committees in writing of the de- EVALUATION, NAVY otherwise authorized by law. tails of any such transfer: Provided further, That the Secretary shall submit a report no later For an additional amount for ‘‘Research, De- CHAPTER 3 than 30 days after the end of each fiscal quarter velopment, Test and Evaluation, Navy’’, GENERAL PROVISIONS, THIS TITLE to the congressional defense committees summa- $34,000,000, to remain available until September SEC. 301. Section 202(b) of the Afghanistan rizing the details of the transfer of funds from 30, 2005. Freedom Support Act of 2002 (Public Law 107– this appropriation: Provided further, That not RESEARCH, DEVELOPMENT, TEST AND 327) is amended by striking ‘‘$300,000,000’’ and less than $4,000,000 shall be transferred to ‘‘Of- EVALUATION, AIR FORCE inserting ‘‘$450,000,000’’. fice of the Inspector General’’ for financial and For an additional amount for ‘‘Research, De- SEC. 302. Upon his determination that such performance audits of funds apportioned to the velopment, Test and Evaluation, Air Force’’, action is necessary in the national interest, the

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Secretary of Defense may transfer between ap- not less than 15 days before providing assistance (d) CONGRESSIONAL DEFENSE COMMITTEES DE- propriations up to $2,500,000,000 of the funds under the authority of this section. FINED.—In this section, the term ‘‘congressional made available in this title, and in addition SEC. 312. (a) REPORT ON MILITARY READINESS defense committees’’ means— such funds as necessary, not to exceed IMPLICATIONS OF OPERATION IRAQI FREEDOM.— (1) the Committees on Armed Services and Ap- $5,000,000,000, as approved by the House and (1) The Secretary of Defense shall submit to propriations of the Senate; and Senate Appropriations Committees, Subcommit- the congressional defense committees a report (2) the Committees on Armed Services and Ap- tees on Defense: Provided, That the Secretary assessing the implications for United States mili- propriations of the House of Representatives. shall notify the Congress promptly of each tary readiness of the participation of United SEC. 313. (a) Section 1075 of title 10, United transfer made pursuant to this authority: Pro- States ground combat forces in Operation Iraqi States Code, is amended— vided further, That the transfer authority pro- Freedom. (1) by inserting ‘‘(a) IN GENERAL.—’’ before vided in this section is in addition to any other (2) The report shall be submitted not later ‘‘When’’; and transfer authority available to the Department than 30 days after the date of the enactment of (2) by striking the second sentence and insert- of Defense: Provided further, That the authority this Act. ing the following: (b) MATTERS TO BE INCLUDED.—The report in this section is subject to the same terms and ‘‘(b) EXCEPTIONS.—Subsection (a) shall not under subsection (a) shall include the following: conditions as the authority provided in section apply to any of the following: (1) An estimate of the total number of forces ‘‘(1) An enlisted member, or former enlisted 8005 of the Department of Defense Appropria- required to carry out Operation Iraqi Freedom, tions Act, 2004. member, of a uniformed service who is entitled including forces required for a rotation base. to retired or retainer pay or equivalent pay. SEC. 303. Funds appropriated in this title, or (2) An estimate of the expected duration of the made available by transfer of funds in or pursu- ‘‘(2) An officer or former officer of a uni- operation. formed service, or an enlisted member or former ant to this title, for intelligence activities are (3) An estimate of the cost of the operation to- enlisted member of a uniformed service not de- deemed to be specifically authorized by the Con- gether with an explanation of how the Secretary scribed in paragraph (1), who is hospitalized gress for purposes of section 504 of the National will use the funds provided for the operation, under section 1074 of this title because of an in- Security Act of 1947 (50 U.S.C. 414). and an assessment of how such proposed fund- jury or disease incurred (as determined under SEC. 304. None of the funds available to the ing plan would affect overall military readiness. Department of Defense may be obligated to im- (4) An assessment of how readily forces par- criteria prescribed by the Secretary of De- plement any action which alters the command ticipating in the operation could be redeployed fense)— responsibility or permanent assignment of forces to additional overlapping major conflicts while ‘‘(A) as a direct result of armed conflict; ‘‘(B) while engaged in hazardous service; until 90 days after such plan has been provided providing for the President the option to call for ‘‘(C) in the performance of duty under condi- to the congressional defense committees. victory in one of those conflicts, as well as to tions simulating war; or SEC. 305. Sections 1318 and 1319 of Public Law conduct a limited number of smaller-scale con- ‘‘(D) through an instrumentality of war.’’. 108–11 shall remain in effect during fiscal year tingency operations, including an analysis of (b) Section 1075(b) of title 10, United States 2004. the availability of strategic lift, the likely condi- Code, as added by subsection (a), shall take ef- SEC. 306. From October 1, 2003 through Sep- tion of equipment, and the extent of retraining fect as of September 11, 2001, and shall apply tember 30, 2004, (a) the rates of pay authorized necessary to facilitate such a redeployment. by section 310(a) of title 37, United States Code, (5) An assessment of the effect of the oper- with respect to injuries or diseases incurred on shall be increased to $225; and (b) the rates of ation on the general combat readiness and or after that date. pay authorized by section 427(a)(1) of title 37, deployability of combat units to defend the SEC. 314. (a) TRANSFER AUTHORITY.—Subject United States Code, shall be increased to $250. homeland and for the Global War on Terrorism. to subsection (b), the Secretary of Defense may SEC. 307. (a) Section 1313 of Public Law 108– (6) An assessment of the effect of the oper- transfer not more than $150,000,000 of the funds 11 is amended by adding the word, ‘‘unobli- ation on the four 2001 Quadrennial Defense Re- appropriated in this title to the contingency gated’’, before ‘‘balances’’. view defense policy goals, namely assuring allies construction account, authorized under section (b) After October 31, 2003, adjustments to obli- and friends, dissuading future military competi- 2804 of title 10, United States Code, to carry out gations that would have been properly charge- tors, deterring threats and coercion against military construction projects not otherwise au- able to the Defense Emergency Response Fund United States interests and, if deterrence fails, thorized by law. Funds so transferred shall be shall be charged to any current appropriation decisively defeating any adversary. merged with and be available for the same pur- account of the Department of Defense available (7) An assessment of the effect the operation poses and the same time period as the appro- for the same purpose. would have on the general combat readiness priation to which transferred. The transfer au- SEC. 308. Within 30 days after the enactment and deployability of combat units not des- thority under this section is in addition to any of this Act, the Secretary of Defense shall report ignated to be part of the operation including ac- other transfer authority available to the Depart- to the Committees on Appropriations on progress tive forces, reserve, and National Guard. ment of Defense. to implement the terms of section 8082 of the De- (8) For current deployment and subsequent ro- (b) CONDITIONS ON TRANSFER.—A transfer of partment of Defense Appropriations Act, 2004. tations, an assessment of the number and type funds under subsection (a) may not be made SEC. 309. None of the funds provided in this of combat support and combat service support until the end of the 7-day period beginning on title may be used to finance programs or activi- units required from active forces, reserve, and the date the Secretary of Defense submits writ- ties denied by Congress in fiscal year 2003 or National Guard, and the expected duration of ten notice to the appropriate committees of Con- 2004 appropriations to the Department of De- each rotation. gress certifying that the transfer is necessary to fense or to initiate a procurement or research, (9) An assessment of the degree to which the respond to, or protect against, acts or threat- development, test and evaluation new start pro- operation will require the use of reserve compo- ened acts of terrorism or to support Department gram without prior notification to the congres- nent units and personnel and the use and tim- of Defense operations in Iraq, and specifying sional defense committees. ing of involuntary Selected Reserve callup au- the amounts and purposes of the transfer, in- SEC. 310. During the current fiscal year, funds thority as provided by section 12304 of title 10, cluding a list of proposed projects and their esti- available to the Department of Defense for oper- United States Code. mated costs. ation and maintenance may be used, notwith- (10) An assessment of the anticipated annual (c) NOTICE OF OBLIGATIONS.—Notwith- standing any other provision of law, to provide cost of equipment refurbishment and replace- standing section 2804(b) of title 10, United States supplies, services, transportation, including air- ment resulting from the operation. Code, when a decision is made to carry out a (11) An assessment of how the increased oper- lift and sealift, and other logistical support to military construction project using funds trans- ational tempo associated with the operation coalition forces supporting military and stability ferred to the contingency construction account would affect the mission capable readiness rates operations in Iraq: Provided, That the Secretary under subsection (a), the Secretary of Defense and overall health of both strategic and theater of Defense shall provide quarterly reports to the shall submit written notice to the appropriate airlift assets. Committees on Appropriations regarding sup- (12) An assessment of the effect the operation committees of Congress no later than 15 days port provided under this section. will have on the ability of the United States after the obligation of the funds for the project, SEC. 311. Notwithstanding any other provision Armed Forces, including the active forces, re- specifying the source of the transferred funds of law, from funds available to the Department serve, and National Guard, to meet recruiting and the estimated cost of the project, including of Defense for operation and maintenance in fis- goals. form 1391. cal year 2004, not to exceed $200,000,000 may be (13) An assessment of the effect of the oper- (d) DEFINITIONS.—For purposes of this sec- used by the Secretary of Defense, with the con- ation on training infrastructure and instrumen- tion, the terms ‘‘appropriate committees of Con- currence of the Secretary of State, to provide as- tation of United States training ranges, includ- gress’’, ‘‘military construction’’, and ‘‘military sistance only to the New Iraqi Army and the Af- ing the active forces, reserve, and National installation’’ have the meanings given such ghan National Army to enhance their capability Guard. terms in section 2801 of title 10, United States to combat terrorism and to support U.S. military (14) An assessment of the effect the operation Code, except that, with respect to military con- operations in Iraq and Afghanistan: Provided, will have on retention among active forces, re- struction in a foreign country, the term ‘‘mili- That such assistance may include the provision serve, and National Guard. tary installation’’ includes not only buildings, of equipment, supplies, services, training and (15) An assessment of the effect of the oper- structures, and other improvements to real prop- funding: Provided further, That the authority ation on quality of life issues for active forces, erty under the operational control of the Sec- to provide assistance under this section is in ad- reserve, and National Guard. retary of a military department or the Secretary dition to any other authority to provide assist- (c) FORM OF REPORT.—The report required by of Defense, but also any building, structure, or ance to foreign nations: Provided further, That subsection (a) shall be submitted in unclassified other improvement to real property to be used by the Secretary of Defense shall notify Congress form, but may include a classified annex. the Armed Forces, regardless of whether such

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 6333 E:\CR\FM\A20OC6.027 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12895 use is anticipated to be temporary or of longer tions which provided support through the States that is commenced during fiscal year 2003 duration; and further excepting that ‘‘appro- United Services Organization (USO), Operation or fiscal year 2004 and is completed during ei- priate committees of Congress’’ shall include the Dear Abby, and Operation UpLink, helped to ther such fiscal year while the member is on rest Subcommittees on Military Construction of the sustain those service personnel and enabled and recuperation leave from deployment over- Committees on Appropriations of the Senate and them to eliminate significant threats to United seas in support of Operation Iraqi Freedom and House of Representatives. States national security while liberating op- Operation Enduring Freedom, but only for one SEC. 315. COMMENDING THE ARMED FORCES pressed peoples from dictatorial regimes; round trip by air between two locations within FOR EFFORTS IN OPERATION ENDURING FREEDOM (11) the civilian employees of the Department the United States. AND OPERATION IRAQI FREEDOM. (a) PURPOSE.— of Defense, through their hard work and dedi- (b) It is the sense of Congress that the com- Recognizing and commending the members of cation, enabled United States military forces to mercial airline industry should, to the maximum the United States Armed Forces and their lead- quickly and effectively achieve the United extent practicable, charge members of the Armed ers, and the allies of the United States and their States military missions in Afghanistan and Forces on rest and recuperation leave as de- armed forces, who participated in Operation En- Iraq; scribed in subsection (a) and their families spe- during Freedom in Afghanistan and Operation (12) the commitment of companies making cially discounted, lowest available fares for air Iraqi Freedom in Iraq and recognizing the con- their employees available for military service, travel in connection with such leave and that tinuing dedication of military families and em- the creativity and initiative of contractors any restrictions and limitations imposed by the ployers and defense civilians and contractors equipping the Nation’s Armed Forces with the airlines in connection with the air fares charged and the countless communities and patriotic or- best and most modern equipment, and the inge- for such travel should be minimal. ganizations that lent their support to the Armed nuity of service companies assisting with the SEC. 317. (a) Section 1074a of title 10, United Forces during those operations. global overseas deployment of the Armed Forces States Code, is amended by adding at the end (b) FINDINGS.—The Senate finds that— demonstrates that the entrepreneurial spirit of the following new subsection: (1) the September 11, 2001, terrorist attacks on the United States is an extraordinarily valuable ‘‘(f)(1) At any time after the Secretary con- the United States, which killed thousands of defense asset; and cerned notifies members of the Ready Reserve people from the United States and other coun- (13) the Nation should pause to recognize with that the members are to be called or ordered to tries in New York, Virginia, and Pennsylvania, appropriate tributes and days of remembrance active duty, the administering Secretaries may inaugurated the Global War on Terrorism; the sacrifice of those members of the Armed provide to each such member any medical and (2) the intelligence community quickly identi- Forces who died or were wounded in Operation dental screening and care that is necessary to fied Al Qaeda as a terrorist organization with Enduring Freedom and Operation Iraqi Free- ensure that the member meets the applicable global reach and the President determined that dom, as well as all who served in or supported medical and dental standards for deployment. United States national security required the either of those operations. ‘‘(2) The Secretary concerned shall promptly elimination of the Al Qaeda terrorist organiza- (c) SENSE OF THE SENATE.—It is the sense of transmit to each member of the Ready Reserve tion; the Senate that the Senate— eligible for screening and care under this sub- (3) the Taliban regime of Afghanistan had (1) conveys its deepest sympathy and condo- section a notification of eligibility for such long harbored Al Qaeda, providing members of lences to the families and friends of the members screening and care. that organization a safe haven from which to of United States and coalition forces who have ‘‘(3) A member provided medical or dental attack the United States and its friends and al- been injured, wounded, or killed during Oper- screening or care under paragraph (1) may not lies, and the refusal of that regime to dis- ation Enduring Freedom and Operation Iraqi be charged for the screening or care. continue its support for international terrorism Freedom; ‘‘(4) Screening and care may not be provided and surrender Al Qaeda’s leaders to the United (2) commends President George W. Bush, Sec- under this section after September 30, 2004.’’. States made it a threat to international peace retary of Defense Donald H. Rumsfeld, and (b) The benefits provided under the amend- and security; United States Central Command commander ment made by subsection (a) shall be provided (4) Saddam Hussein and his regime’s long- General Tommy Franks, United States Army, for only within funds available under this Act. standing sponsorship of international terrorism, their planning and execution of enormously suc- SEC. 318. (a) Chapter 55 of title 10, United active pursuit of weapons of mass destruction, cessful military campaigns in Operation Endur- States Code, is amended by inserting after sec- use of such weapons against Iraq’s own citizens ing Freedom and Operation Iraqi Freedom; tion 1076a the following new section: and neighboring countries, aggression against (3) expresses its highest commendation and ‘‘§ 1076b. TRICARE program: coverage for Iraq’s neighbors, and brutal repression of Iraq’s most sincere appreciation to the members of the members of the Ready Reserve population made Saddam Hussein and his re- United States Armed Forces who participated in gime a threat to international peace and secu- Operation Enduring Freedom and Operation ‘‘(a) ELIGIBILITY.—Each member of the Se- rity; Iraqi Freedom; lected Reserve of the Ready Reserve and each (5) the United States pursued sustained diplo- (4) commends the Department of Defense civil- member of the Individual Ready Reserve de- matic, political, and economic efforts to remove ian employees and the defense contractor per- scribed in section 10144(b) of this title is eligible, those threats peacefully; sonnel whose skills made possible the equipping subject to subsection (h), to enroll in TRICARE (6) on October 7, 2001, the Armed Forces of the of the greatest armed force in the annals of and receive benefits under such enrollment for United States and its coalition allies launched modern military endeavor; any period that the member— military operations in Afghanistan, designated (5) supports the efforts of communities across ‘‘(1) is an eligible unemployment compensa- as Operation Enduring Freedom, that quickly the Nation— tion recipient; or caused the collapse of the Taliban regime, the (A) to prepare appropriate homecoming cere- ‘‘(2) is not eligible for health care benefits elimination of Afghanistan’s terrorist infra- monies to honor and welcome home the members under an employer-sponsored health benefits structure, and the capture of significant and of the Armed Forces participating in Operation plan. numerous members of Al Qaeda; Enduring Freedom and Operation Iraqi Freedom ‘‘(b) TYPES OF COVERAGE.—(1) A member eligi- (7) on March 19, 2003, the Armed Forces of the and to recognize their contributions to United ble under subsection (a) may enroll for either of United States and its coalition allies launched States homeland security and to the Global War the following types of coverage: military operations, designated as Operation on Terrorism; and ‘‘(A) Self alone coverage. Iraqi Freedom, that quickly caused the collapse (B) to prepare appropriate ceremonies to com- ‘‘(B) Self and family coverage. of Saddam Hussein’s regime, the elimination of memorate with tributes and days of remem- ‘‘(2) An enrollment by a member for self and Iraq’s terrorist infrastructure, the end of Iraq’s brance the service and sacrifice of those service family covers the member and the dependents of illicit and illegal programs to acquire weapons members killed or wounded during those oper- the member who are described in subparagraph of mass destruction, and the capture of signifi- ations; (A), (D), or (I) of section 1072(2) of this title. cant international terrorists; (6) expresses the deep gratitude of the Nation ‘‘(c) OPEN ENROLLMENT PERIODS.—The Sec- (8) in those two campaigns in the Global War to the 21 steadfast allies in Operation Enduring retary of Defense shall provide for at least one on Terrorism, as of September 27, 2003, nearly Freedom and to the 49 coalition members in Op- open enrollment period each year. During an 165,000 members of the United States Armed eration Iraqi Freedom, especially the United open enrollment period, a member eligible under Forces, comprised of active, reserve, and Na- Kingdom, Australia, and Poland, whose forces, subsection (a) may enroll in the TRICARE pro- tional Guard members and units, had mobilized support, and contributions were invaluable and gram or change or terminate an enrollment in for Operation Enduring Freedom and Operation unforgettable; and the TRICARE program. Iraqi Freedom; (7) recommits the United States to ensuring ‘‘(d) SCOPE OF CARE.—(1) A member and the (9) success in those two campaigns in the the safety of the United States homeland, to dependents of a member enrolled in the Global War on Terrorism would not have been preventing weapons of mass destruction from TRICARE program under this section shall be possible without the dedication, courage, and reaching the hands of terrorists, and to helping entitled to the same benefits under this chapter service of the members of the United States the people of Iraq and Afghanistan build free as a member of the uniformed services on active Armed Forces and the military and irregular and vibrant democratic societies. duty or a dependent of such a member, respec- forces of the friends and allies of the United SEC. 316. (a) In addition to other purposes for tively. States; which funds in the Iraq Freedom Fund are ‘‘(2) Section 1074(c) of this title shall apply (10) the support, love, and commitment from available, such funds shall also be available for with respect to a member enrolled in the the families of United States service personnel reimbursing a member of the Armed Forces for TRICARE program under this section. participating in those two operations, as well as the cost of air fare incurred by the member for ‘‘(e) PREMIUMS.—(1) The Secretary of Defense that of the communities and patriotic organiza- any travel by the member within the United shall charge premiums for coverage pursuant to

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 6333 E:\CR\FM\A20OC6.027 S20PT1 S12896 CONGRESSIONAL RECORD — SENATE October 20, 2003 enrollments under this section. The Secretary Secretaries, shall prescribe regulations for the fits plan coverage of the dependents of the mem- shall prescribe for each of the TRICARE pro- administration of this section. ber; or gram options a premium for self alone coverage ‘‘(l) TERMINATION OF AUTHORITY.—An enroll- ‘‘(C) September 30, 2004. and a premium for self and family coverage. ment in TRICARE under this section may not ‘‘(g) EXTENSION OF PERIOD OF COBRA COV- ‘‘(2) The monthly amount of the premium in continue after September 30, 2004.’’. ERAGE.—Notwithstanding any other provision of effect for a month for a type of coverage under (b) The table of sections at the beginning of law— this section shall be the amount equal to 28 per- such chapter is amended by inserting after the ‘‘(1) any period of coverage under a COBRA cent of the total amount determined by the Sec- item relating to section 1076a the following new continuation provision (as defined in section retary on an appropriate actuarial basis as item: 9832(d)(1) of the Internal Revenue Code of 1986) being reasonable for the coverage. ‘‘1076b. TRICARE program: coverage for mem- for a member under this section shall be deemed ‘‘(3) The premiums payable by a member bers of the Ready Reserve.’’. to be equal to the benefits coverage continuation under this subsection may be deducted and (c) The benefits provided under section 1076b period for such member under this section; and withheld from basic pay payable to the member of title 10, United States Code (as added by sub- ‘‘(2) with respect to the election of any period under section 204 of title 37 or from compensa- section (a)), shall be provided only within funds of coverage under a COBRA continuation provi- tion payable to the member under section 206 of available under this Act. sion (as so defined), rules similar to the rules such title. The Secretary shall prescribe the re- under section 4980B(f)(5)(C) of such Code shall SEC. 319. (a)(1) Chapter 55 of title 10, United quirements and procedures applicable to the States Code, is amended by inserting after sec- apply. payment of premiums by members not entitled to tion 1078a the following new section: ‘‘(h) NONDUPLICATION OF BENEFITS.—A de- such basic pay or compensation. pendent of a member who is eligible for benefits ‘‘(4) Amounts collected as premiums under this ‘‘§ 1078b. Continuation of non-TRICARE under qualified health benefits plan coverage subsection shall be credited to the appropriation health benefits plan coverage for certain paid on behalf of a member by the Secretary available for the Defense Health Program Ac- Reserves called or ordered to active duty concerned under this section is not eligible for count under section 1100 of this title, shall be and their dependents benefits under the TRICARE program during a merged with sums in such Account that are ‘‘(a) PAYMENT OF PREMIUMS.—The Secretary period of the coverage for which so paid. available for the fiscal year in which collected, concerned shall pay the applicable premium to ‘‘(i) REVOCABILITY OF ELECTION.—A member and shall be available under subparagraph (B) continue in force any qualified health benefits who makes an election under subsection (a) may of such section for such fiscal year. plan coverage for an eligible reserve component revoke the election. Upon such a revocation, the ‘‘(f) OTHER CHARGES.—A person who receives member for the benefits coverage continuation member’s dependents shall become eligible for health care pursuant to an enrollment in a period if timely elected by the member in accord- benefits under the TRICARE program as pro- TRICARE program option under this section, ance with regulations prescribed under sub- vided for under this chapter. including a member who receives such health section (j). ‘‘(j) REGULATIONS.—The Secretary of Defense care, shall be subject to the same deductibles, ‘‘(b) ELIGIBLE MEMBER.—A member of a re- shall prescribe regulations for carrying out this copayments, and other nonpremium charges for serve component is eligible for payment of the section. The regulations shall include such re- health care as apply under this chapter for applicable premium for continuation of qualified quirements for making an election of payment of health care provided under the same TRICARE health benefits plan coverage under subsection applicable premiums as the Secretary considers program option to dependents described in sub- (a) while serving on active duty pursuant to a appropriate.’’. paragraph (A), (D), or (I) of section 1072(2) of call or order issued under a provision of law re- (2) The table of sections at the beginning of this title. ferred to in section 101(a)(13)(B) of this title such chapter is amended by inserting after the ‘‘(g) TERMINATION OF ENROLLMENT.—(1) A during a war or national emergency declared by item relating to section 1078a the following new member enrolled in the TRICARE program the President or Congress. item: ‘‘(c) QUALIFIED HEALTH BENEFITS PLAN COV- under this section may terminate the enrollment ‘‘1078b. Continuation of non-TRICARE health ERAGE.—For the purposes of this section, health only during an open enrollment period provided benefits plan coverage for certain benefits plan coverage for a member called or or- under subsection (c), except as provided in sub- Reserves called or ordered to ac- dered to active duty is qualified health benefits section (h). tive duty and their dependents.’’. ‘‘(2) An enrollment of a member for self alone plan coverage if— or for self and family under this section shall ‘‘(1) the coverage was in force on the date on (b) Section 1078b of title 10, United States terminate on the first day of the first month be- which the Secretary notified the member that Code (as added by subsection (a)), shall apply ginning after the date on which the member issuance of the call or order was pending or, if with respect to calls or orders of members of re- ceases to be eligible under subsection (a). no such notification was provided, the date of serve components of the Armed Forces to active ‘‘(3) The enrollment of a member under this the call or order; duty as described in subsection (b) of such sec- section may be terminated on the basis of failure ‘‘(2) on such date, the coverage applied to the tion, that are issued by the Secretary of a mili- to pay the premium charged the member under member and dependents of the member described tary department before, on, or after the date of this section. in subparagraph (A), (D), or (I) of section the enactment of this Act, but only with respect ‘‘(h) RELATIONSHIP TO TRANSITION TRICARE 1072(2) of this title; and to qualified health benefits plan coverage (as COVERAGE UPON SEPARATION FROM ACTIVE ‘‘(3) the coverage has not lapsed. described in subsection (c) of such section) that DUTY.—(1) A member may not enroll in the ‘‘(d) APPLICABLE PREMIUM.—The applicable is in effect on or after the date of the enactment TRICARE program under this section while en- premium payable under this section for continu- of this Act. titled to transitional health care under sub- ation of health benefits plan coverage in the (c) The benefits provided under section 1078b section (a) of section 1145 of this title or while case of a member is the amount of the premium of title 10, United States Code (as added by sub- authorized to receive health care under sub- payable by the member for the coverage of the section (a)), shall be provided only within funds section (c) of such section. member and dependents. available under this Act. ‘‘(2) A member who enrolls in the TRICARE ‘‘(e) MAXIMUM AMOUNT.—The total amount SEC. 320. (a) Section 1074 of title 10, United program under this section within 90 days after that the Department of Defense may pay for the States Code, is amended by adding at the end the date of the termination of the member’s enti- applicable premium of a health benefits plan for the following new subsection: tlement or eligibility to receive health care under a member under this section in a fiscal year may ‘‘(d)(1) For the purposes of this chapter, a subsection (a) or (c) of section 1145 of this title not exceed the amount determined by multi- member of a reserve component of the armed may terminate the enrollment at any time with- plying— forces who is issued a delayed-effective-date ac- in one year after the date of the enrollment. ‘‘(1) the sum of one plus the number of the tive-duty order, or is covered by such an order, ‘‘(i) CERTIFICATION OF NONCOVERAGE BY member’s dependents covered by the health ben- shall be treated as being on active duty for a pe- OTHER HEALTH BENEFITS PLAN.—The Secretary efits plan, by riod of more than 30 days beginning on the later of Defense may require a member to submit any ‘‘(2) the per capita cost of providing TRICARE of the date that is— certification that the Secretary considers appro- coverage and benefits for dependents under this ‘‘(A) the date of the issuance of such order; or priate to substantiate the member’s assertion chapter for such fiscal year, as determined by ‘‘(B) 90 days before date on which the period that the member is not covered for health care the Secretary of Defense. of active duty is to commence under such order benefits under any other health benefits plan. ‘‘(f) BENEFITS COVERAGE CONTINUATION PE- for that member. ‘‘(j) ELIGIBLE UNEMPLOYMENT COMPENSATION RIOD.—The benefits coverage continuation pe- ‘‘(2) In this subsection, the term ‘delayed-ef- RECIPIENT DEFINED.—In this section, the term riod under this section for qualified health bene- fective-date active-duty order’ means an order ‘eligible unemployment compensation recipient’ fits plan coverage in the case of a member called to active duty for a period of more than 30 days means, with respect to any month, any indi- or ordered to active duty is the period that— in support of a contingency operation under a vidual who is determined eligible for any day of ‘‘(1) begins on the date of the call or order; provision of law referred to in section such month for unemployment compensation and 101(a)(13)(B) of this title that provides for ac- under State law (as defined in section 205(9) of ‘‘(2) ends on the earlier of— tive-duty service to begin under such order on a the Federal-State Extended Unemployment Com- ‘‘(A) the date on which the member’s eligi- date after the date of the issuance of the order. pensation Act of 1970), including Federal unem- bility for transitional health care under section ‘‘(3) This section shall cease to be effective on ployment compensation laws administered 1145(a) of this title terminates under paragraph September 30, 2004.’’. through the State. (3) of such section; (b) The benefits provided under the amend- ‘‘(k) REGULATIONS.—The Secretary of Defense, ‘‘(B) the date on which the member elects to ment made by subsection (a) shall be provided in consultation with the other administering terminate the continued qualified health bene- only within funds available under this Act.

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SEC. 321. (a) Subject to subsection (b), during (ii) any other irregularities related to procure- (b) REPORT.—Beginning 30 days after the en- the period beginning on the date of the enact- ment; actment of this Act, the President or his des- ment of this Act and ending on September 30, (D) a description of any actions taken by the ignee shall submit a monthly report to Congress 2004, section 1145(a) of title 10, United States Inspector General to improve such financial detailing— Code, shall be administered by substituting for controls or address such financial irregularities; (1) the areas of Iraq determined to be largely paragraph (3) the following: (E) a description of the programmatic goals of secure and stable; and ‘‘(3) Transitional health care for a member the Coalition Provisional Authority; and (2) the extent to which United States troops under subsection (a) shall be available for 180 (F) an assessment of the performance of the have been replaced by non-United States coali- days beginning on the date on which the mem- Coalition Provisional Authority, including tion forces, United Nation forces, or Iraqi forces ber is separated from active duty.’’. progress made by the Coalition Provisional Au- in the areas determined to be largely secure and (b)(1) Subsection (a) shall apply with respect thority in facilitating a transition to levels of se- stable under this subsection. to separations from active duty that take effect curity, stability, and self-government in Iraq SEC. 325. (a) Congress makes the following on or after the date of the enactment of this Act. sufficient to make the presence of the Coalition findings: (2) Beginning on October 1, 2004, the period Provisional Authority no longer necessary. (1) During Operation Desert Shield and Oper- for which a member is provided transitional (2) The Inspector General of the Department ation Desert Storm (in this section, collectively health care benefits under section 1145(a) of title of Defense shall prepare and submit the reports referred to as the ‘‘First Gulf War’’), the regime 10, United States Code, shall be adjusted as nec- otherwise required to be submitted by the In- of Saddam Hussein committed grave human essary to comply with the limits provided under spector General of the Coalition Provisional Au- rights abuses and acts of terrorism against the paragraph (3) of such section. thority under paragraph (1) until the earlier people of Iraq and citizens of the United States. (c) The benefits provided under the amend- of— ment made by subsection (a) shall be provided (A) the date that is 150 days after the date of (2) United States citizens who were taken pris- only within funds available under this Act. the enactment of this Act; or oner by the regime of Saddam Hussein during SEC. 322. (a) Of the funds provided in this title (B) the date on which a determination is made the First Gulf War were brutally tortured and under the heading ‘‘IRAQ FREEDOM FUND’’ up to by the Inspector General of the Coalition Provi- forced to endure severe physical trauma and $191,100,000 be available for the procurement of sional Authority that the Office of the Inspector emotional abuse. Up-Armored High Mobility Multipurpose General of the Coalition Provisional Authority (3) The regime of Saddam Hussein used civil- Wheeled Vehicles in addition to the number of is capable of preparing timely, accurate, and ian citizens of the United States who were work- such vehicles for which funds are provided complete reports in compliance with the require- ing in the Persian Gulf region before and during within the amount specified under such head- ments under paragraph (1). the First Gulf War as so-called human shields, ing. (3) The reports under this subsection are in threatening the personal safety and emotional (b) The Secretary of the Army shall reevaluate addition to the semiannual reports required of well-being of such civilians. the requirements of the Army for armored secu- the Inspector General by section 5 of the Inspec- (4) Congress has recognized and authorized rity vehicles and the options available to the tor General Act of 1978 and any other reports re- the right of United States citizens, including Army for procuring armored security vehicles to quired of the Inspector General by law. prisoners of war, to hold terrorist states, such as meet the validated requirements. (4) The Inspector General of the Coalition Iraq during the regime of Saddam Hussein, lia- SEC. 323. (a) Of the amounts appropriated by Provisional Authority (or the Inspector General ble for injuries caused by such states. chapter 1 of this title under the heading ‘‘OPER- of the Department of Defense, as applicable) (5) The United States district courts are au- ATION AND MAINTENANCE, ARMY’’ and available shall publish each report under this subsection thorized to adjudicate cases brought by individ- for the operating expenses of the Coalition Pro- on the Internet website of the Coalition Provi- uals injured by terrorist states. visional Authority (CPA), $10,000,000 shall be sional Authority. (b) It is the sense of Congress that— available for the establishment of the Office of (e) The Office of the Inspector General of the the Inspector General of the Coalition Provi- (1) notwithstanding section 1503 of the Emer- Coalition Provisional Authority shall terminate sional Authority and for related operating ex- gency Wartime Supplemental Appropriations on the first day that both of the following con- penses of the Office. Act, 2003 (Public Law 108–11; 117 Stat. 579) and (b) The Office of the Inspector General of the ditions have been met: any other provision of law, a citizen of the (1) the Coalition Provisional Authority has Coalition Provisional Authority shall be estab- United States who was a prisoner of war or who transferred responsibility for governing Iraq to lished not later than 30 days after the date of was used by the regime of Saddam Hussein and an indigenous Iraqi government; and the enactment of this Act. by Iraq as a so-called human shield during the (c)(1) The head of the Office of the Inspector (2) a United States mission to Iraq, under the First Gulf War should have the opportunity to General of the Coalition Provisional Authority direction and guidance of the Secretary of State, have any claim for damages caused by the re- shall be the Inspector General of the Coalition has undertaken to perform the responsibility for gime of Saddam Hussein and by Iraq incurred Provisional Authority. administering United States assistance efforts in by such citizen fully adjudicated in the appro- (2) The Inspector General shall be appointed Iraq. priate United States district court; by the President in accordance with, and shall SEC. 324. REPORT ON REPLACEMENT OF U.S. (2) any judgment for such damages awarded otherwise be subject to the provisions of, section TROOPS. (a) FINDINGS.—The Senate finds that: to such citizen, or the family of such citizen, 3 of the Inspector General Act of 1978 (5 U.S.C. (1) The Coalition Provisional Authority states should be fully enforced; and App.), except that the person nominated for ap- that 80 percent of Iraq is a permissive environ- (3) the Attorney General should enter into ne- pointment as Inspector General may assume the ment with people returning to a normal pace of gotiations with each such citizen, or the family duties of the office on an acting basis pending life, while 20 percent is less permissive with en- of each such citizen, to develop a fair and rea- the of the Senate. trenched Saddam loyalists, international terror- sonable method of providing compensation for (3) The Inspector General shall have the du- ists and general lawlessness hindering recovery the damages each such citizen incurred, includ- ties, responsibilities, and authorities of inspec- efforts. ing using assets of the regime of Saddam Hus- (2) On September 9, Deputy Secretary of De- tors general under the Inspector General Act of sein held by the Government of the United fense John Wolfowitz testified, ‘‘. . . the pre- 1978. In carrying out such duties, responsibil- States or any other appropriate sources to pro- dominantly Shia south [of Iraq] has been stable ities, and authorities, the Inspector General vide such compensation. and I would say far more stable than most pre- shall coordinate with, and receive the coopera- SEC. 326. (a) FINDINGS.—Congress makes the war predications would have given you. And tion of, the Inspector General of the Department following findings: the mixed Arab, Turkish, Kurdish north has of Defense. (1) The National Guard and Reserves have (d)(1) Except as provided in paragraph (2), also been remarkably stable, again, contrary to fears that many of us had that we might face served the Nation in times of national crises for not later than 75 days after the date of the en- more than 200 years. The National Guard and actment of this Act, and every 10 days there- large-scale ethnic conflict.’’. (3) On September 14, Secretary of State Colin Reserves are a critical component of homeland after, the Inspector General of the Coalition security and national defense. Provisional Authority shall submit to the Com- Powell stated, ‘‘We see attacks against our coa- (2) The current deployments of many members mittees on Appropriations and Foreign Rela- lition on a daily basis . . . but in many parts of of the National Guard and Reserve have made tions of the Senate and the Committees on Ap- the country things are quite secure and stable.’’. them absent from their communities for an ab- propriations and International Relations of the (4) The Coalition Provisional Authority states normally long time. This has diminished the House of Representatives a report that sets that a major focus of its security efforts has ability of the National Guard to conduct its forth— been to increase Iraqi participation in and re- (A) an assessment of the financial controls of sponsibility for a safe and secure Iraq. State missions. the Coalition Provisional Authority; (5) On September 14, Secretary of Defense (3) Many members of the National Guard and (B) a description of any financial irregular- stated, ‘‘90 percent of the peo- Reserves have been on active duty for more than ities that may have occurred in the activities of ple in Iraq are now living in an area that’s gov- a year, and many more have had their tours of the Authority; erned by a city council, or a village council.’’. active duty involuntarily extended while over- (C) a description of— (6) The Coalition Provisional Authority re- seas. (i) any irregularities relating to the adminis- ports that 60,000 Iraqis are now assisting in se- (b) REPORT ON UTILIZATION OF NATIONAL tration of laws providing for full and open com- curity, including 46,000 Iraqi police nationwide. GUARD AND RESERVES.—(1) Not later than 60 petition in contracting (as defined in section (7) Of the 160,000 coalition military personnel days after the date of the enactment of this Act, 4(6) of the Office of Federal Procurement Policy serving in Iraq, 20,000 are comprised of non- the Secretary of Defense shall submit to the Act (41 U.S.C. 403(6))); and United States forces. Committees on Armed Services of the Senate and

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House of Representatives a report on the utiliza- (d) APPROPRIATE COMMITTEES OF CONGRESS ment in order to perform active duty in the uni- tion of the National Guard and Reserves in sup- DEFINED.—In this section, the term ‘‘appro- formed services pursuant to a call or order to ac- port of contingency operations during fiscal priate committees of Congress’’ means— tive duty under a provision of law referred to in year 2004. (1) the Select Committee on Intelligence and section 101(a)(13)(B) of title 10 shall be entitled, (2) The report under this subsection shall in- the Subcommittee on Defense of the Committee while serving on active duty, to receive, for each clude the following: on Appropriations of the Senate; and pay period described in subsection (b), an (A) Information on each National Guard and (2) the Permanent Select Committee on Intel- amount equal to the amount by which— Reserve unit currently deployed, including— ligence and the Subcommittee on Defense of the ‘‘(1) the amount of basic pay which would (i) the unit name or designation; Committee on Appropriations of the House of otherwise have been payable to such employee (ii) the number of personnel deployed; Representatives. for such pay period if such employee’s civilian (iii) the projected return date to home station; SEC. 328. (a) In the administration of laws and employment with the Government had not been and policies on the period for which members of re- (iv) the schedule, if any, for the replacement interrupted by that service, exceeds (if at all) serve components of the Armed Forces called or ‘‘(2) the amount of pay and allowances which of the unit with a Regular or multinational ordered to active duty under a provision of law (as determined under subsection (d))— unit. referred to in section 101(a)(13)(B) of title 10, ‘‘(A) is payable to such employee for that (B) Information on current operations tempo, United States Code, are deployed outside the service; and including— United States, the deployment shall be consid- (i) the length of deployment of each National ‘‘(B) is allocable to such pay period. ered to have begun on the first day of the ac- ‘‘(b)(1) Amounts under this section shall be Guard and Reserve unit currently deployed, or- tive-duty service to which called or ordered and payable with respect to each pay period (which ganized by unit and by State; shall be considered to have ended on the last (ii) in the case of each National Guard and would otherwise apply if the employee’s civilian day of the active-duty service to which called or Reserve unit on active duty during the two-year employment had not been interrupted)— ordered. ‘‘(A) during which such employee is entitled period ending on the date of the report, the ag- (b) The Secretary of Defense may waive the to reemployment rights under chapter 43 of title gregate amount of time on active duty during requirements of subsection (a) in any case in 38 with respect to the position from which such such two-year period; and which the Secretary determines that it is nec- (iii) the percentage of National Guard and Re- employee is absent (as referred to in subsection essary to do so to respond to a national security serve forces in the total deployed force in each (a)); and emergency or to meet dire operational require- current domestic and overseas contingency oper- ‘‘(B) for which such employee does not other- ments of the Armed Forces. ation. wise receive basic pay (including by taking any SEC. 329. Of the amounts appropriated by this (C) Information on current recruitment and annual, military, or other paid leave) to which title, $10,000,000 shall be available only for the retention of National Guard and Reserve per- such employee is entitled by virtue of such em- Family Readiness Program of the National sonnel, including— ployee’s civilian employment with the Govern- (i) any shortfalls in recruitment and reten- Guard. ment. SEC. 330. (a) FINDINGS.—Congress makes the tion; ‘‘(2) For purposes of this section, the period (ii) any plans to address such shortfalls or following findings: during which an employee is entitled to reem- (1) The Committee on Armed Services of the otherwise to improve recruitment or retention; ployment rights under chapter 43 of title 38— Senate specified in Senate Report 107–151 to ac- and ‘‘(A) shall be determined disregarding the pro- (iii) the effects on recruitment and retention company S. 2514 (107th Congress) that the Chief visions of section 4312(d) of title 38; and over the long term of extended periods of activa- of Naval Operations submit to the congressional ‘‘(B) shall include any period of time specified defense committees a report, not later than June tion of National Guard or Reserve personnel. in section 4312(e) of title 38 within which an em- (3) The report under this subsection shall be 2, 2003, on the plans of the Navy for basing air- ployee may report or apply for employment or organized in a format that permits a ready as- craft carriers through 2015. reemployment following completion of the serv- (2) As of October 16, 2003, the report has not sessment of the deployment of the National ice on active duty to which called or ordered as been submitted. Guard and Reserves by State, by various geo- described in subsection (a). (b) REPORT ON AIRCRAFT CARRIER BASING graphic regions of the United States, and by ‘‘(c) Any amount payable under this section PLANS THROUGH 2020.—Not later than 120 days to an employee shall be paid— Armed Force. after the date of the enactment of this Act, the (c) REPORT ON EFFECTS OF UTILIZATION OF ‘‘(1) by such employee’s employing agency; Secretary of Defense shall submit to the congres- NATIONAL GUARD AND RESERVES ON LAW EN- ‘‘(2) from the appropriation or fund which sional defense committees a report on the plans FORCEMENT AND HOMELAND SECURITY.—(1) Not would be used to pay the employee if such em- of the Navy for basing aircraft carriers through later than 60 days after the date of the enact- ployee were in a pay status; and 2020. ‘‘(3) to the extent practicable, at the same time ment of this Act, the Secretary of Homeland Se- SEC. 331. (a) In addition to the strengths au- curity shall, in consultation with the chief exec- and in the same manner as would basic pay if thorized by law for personnel of the Army as of such employee’s civilian employment had not utive officers of the States, submit to Congress a September 30, 2004, pursuant to paragraphs (1) report on the effects of the deployment of the been interrupted. and (2) of section 115(a) of title 10, United States ‘‘(d) The Office of Personnel Management National Guard and Reserves on law enforce- Code, the Army is hereby authorized an addi- shall, in consultation with Secretary of Defense, ment and homeland security in the United tional strength of 10,000 personnel as of such prescribe any regulations necessary to carry out States. date, which the Secretary of the Army may allo- (2) The report under this subsection shall in- the preceding provisions of this section. cate as the Secretary determines appropriate ‘‘(e)(1) The head of each agency referred to in clude the following: among the personnel strengths required by such (A) The number of civilian first responders on section 2302(a)(2)(C)(ii) shall, in consultation section to be authorized annually under sub- active duty with the National Guard or Reserves with the Office, prescribe procedures to ensure paragraphs (A) and (B) of paragraph (1) of such who are currently deployed overseas. that the rights under this section apply to the (B) The number of first responder personnel of section and paragraph (2) of such section. employees of such agency. (b) The additional personnel authorized under the National Guard or Reserves who are cur- ‘‘(2) The Administrator of the Federal Avia- subsection (a) shall be trained, incorporated rently deployed overseas. tion Administration shall, in consultation with (C) An assessment by State of the ability of into an appropriate force structure, and used to the Office, prescribe procedures to ensure that the States to respond to emergencies without perform constabulary duty in such specialties as the rights under this section apply to the em- currently deployed National Guard personnel. military police, light infantry, civil affairs, and ployees of that agency. SEC. 327. (a) FINDINGS.—Congress makes the special forces, and in any other military occupa- ‘‘(f) In this section— following findings: tional specialty that is appropriate for con- ‘‘(1) the terms ‘employee’, ‘Federal Govern- (1) The Iraq Survey Group is charged with in- stabulary duty. ment’, and ‘uniformed services’ have the same vestigating the weapons of mass destruction pro- (c) Of the amount appropriated under chapter respective meanings as given them in section grams of Iraq. 1 of this title for the Iraq Freedom Fund, 4303 of title 38; (2) The Special Advisor to the Director of Cen- $409,000,000 shall be available for necessary ex- ‘‘(2) the term ‘employing agency’, as used with tral Intelligence for Strategy and Iraq heads the penses for the additional personnel authorized respect to an employee entitled to any payments efforts of the Iraq Survey Group. under subsection (a). under this section, means the agency or other (b) QUARTERLY REPORTS ON STATUS OF EF- SEC. 332. (a) SHORT TITLE.—This section may entity of the Government (including an agency FORTS OF IRAQ SURVEY GROUP.—Not later than be cited as the ‘‘Reservists Pay Security Act of referred to in section 2302(a)(2)(C)(ii)) with re- January 1, 2004, and every three months there- 2003’’. spect to which such employee has reemployment after through September 30, 2004, the Special (b) NONREDUCTION IN PAY WHILE FEDERAL rights under chapter 43 of title 38; and Advisor to the Director of Central Intelligence EMPLOYEE IS PERFORMING ACTIVE SERVICE IN ‘‘(3) the term ‘basic pay’ includes any amount for Strategy and Iraq shall submit to the appro- THE UNIFORMED SERVICES OR NATIONAL payable under section 5304.’’. priate committees of Congress a comprehensive GUARD.— (2) TECHNICAL AND CONFORMING AMEND- written report on the status of the efforts of the (1) IN GENERAL.—Subchapter IV of chapter 55 MENT.—The table of sections for chapter 55 of Iraq Survey Group to account for the programs of title 5, United States Code, is amended by title 5, United States Code, is amended by insert- of Iraq on weapons of mass destruction and re- adding at the end the following: ing after the item relating to section 5537 the fol- lated delivery systems. ‘‘§ 5538. Nonreduction in pay while serving in lowing: (c) FORM OF REPORT.—Each report required the uniformed services or National Guard ‘‘5538. Nonreduction in pay while serving in the by subsection (b) shall be submitted in both clas- ‘‘(a) An employee who is absent from a posi- uniformed services or National sified and unclassified form. tion of employment with the Federal Govern- Guard.’’.

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 6343 E:\CR\FM\A20OC6.028 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12899

(3) EFFECTIVE PERIOD.—The amendments ation Noble Eagle should promptly receive these national Development’’, $40,000,000, of which made by this section shall apply with respect to awards. not less than $4,000,000 shall be transferred to pay periods (as described in section 5538(b) of SEC. 334. Notwithstanding any other provision and merged with ‘‘Operating Expenses of the title 5, United States Code, as amended by this of law, the Federal share of the cost of any dis- United States Agency for International Develop- section) beginning on or after the date of enact- aster relief payment made under the Robert T. ment Office of Inspector General’’ for financial ment of this section and ending September 30, Stafford Disaster Relief and Emergency Assist- and performance audits of the Iraq Relief and 2004. ance Act (42 U.S.C. 5121 et seq.) for damage Reconstruction Fund and other assistance to SEC. 333. (a) FINDINGS.—Congress makes the caused by Hurricane Isabel shall be 90 percent. Iraq, to remain available until September 30, following findings: SEC. 335. Of the funds appropriated by this 2005. (1) That on October 7, 2001, the Armed Forces Act, $500,000,000 shall be available for repair or CAPITAL INVESTMENT FUND of the United States and its coalition allies replacement of Department of Defense and Na- For an additional amount for ‘‘Capital Invest- launched military operations in Afghanistan, tional Aeronautics and Space Administration ment Fund’’, $60,500,000, to remain available designated as Operation Enduring Freedom, infrastructure damaged or destroyed by Hurri- until expended: Provided, That the entire that quickly caused the collapse of the Taliban cane Isabel, related flooding, or other related amount shall be available only to the extent regime, the elimination of Afghanistan’s ter- natural forces: Provided, That the entire that an official budget request for $60,500,000, rorist infrastructure and the capture of signifi- amount is designated by the Congress as an that includes designation of the entire amount cant and numerous members of Al Qaeda. emergency requirement pursuant to section 502 of the request as an emergency requirement as (2) That on March 19, 2003, the Armed Forces of House Concurrent Resolution 95 (108th Con- defined in House Concurrent Resolution 98 of the United States and its coalition allies gress): Provided further, That the entire amount (108th Congress), the concurrent resolution on launched military operations, designated as Op- shall be available only to the extent that an of- the budget for fiscal year 2004, is transmitted by eration Iraqi Freedom, that quickly caused the ficial budget request for a specific dollar the President to the Congress. collapse of Saddam Hussein’s regime, the elimi- amount, that includes the designation of the en- OTHER BILATERAL ECONOMIC nation of Iraq’s terrorist infrastructure, the end tire amount of the request as an emergency re- ASSISTANCE of Iraq’s illicit and illegal programs to acquire quirement as defined in House Concurrent Reso- FUNDS APPROPRIATED TO THE weapons of mass destruction, and the capture of lution 95, the concurrent resolution on the PRESIDENT significant international terrorists. budget for fiscal year 2004, is transmitted by the IRAQ RELIEF AND RECONSTRUCTION FUND (3) That success in those two campaigns in the President to the Congress. Global War on Terrorism would not have been (INCLUDING TRANSFERS OF FUNDS) TITLE II—INTERNATIONAL AFFAIRS possible without the dedication, courage, and For necessary expenses for security, rehabili- service of the members of the United States CHAPTER 1 tation and reconstruction in Iraq, Armed Forces and their coalition partners. DEPARTMENT OF STATE $18,449,000,000, to remain available until ex- pended, to be allocated as follows: $3,243,000,000 (4) That throughout the proud military his- ADMINISTRATION OF FOREIGN AFFAIRS tory of our Nation, we have recognized our for security and law enforcement; $1,318,000,000 brave men and women of the Armed Forces by DIPLOMATIC AND CONSULAR PROGRAMS for justice, public safety infrastructure, and awarding them service medals for personal brav- (INCLUDING RESCISSION) civil society; $5,560,000,000 for the electric sector; ery and other leadership actions and for their Of the funds provided under this heading in $1,900,000,000 for oil infrastructure; service in military operations abroad and for Public Law 108–11 (117 Stat. 561), $35,800,000 are $4,332,000,000 for water resources and sanita- support operations at home and abroad. rescinded. tion; $500,000,000 for transportation and tele- (5) That historically the President has relied For an additional amount for ‘‘Diplomatic communications; $370,000,000 for roads, bridges, on senior military officers to recommend the per- and Consular Programs’’, $35,800,000, to remain and construction; $793,000,000 for health care; sonal and theater campaign medals and that, in available until September 30, 2005. $153,000,000 for private sector development; and $280,000,000 for education, refugees, human keeping with these longstanding traditions, the EMERGENCIES IN THE DIPLOMATIC AND CONSULAR rights, democracy, and governance: Provided, and the combatant com- SERVICE manders, including General Tommy Franks, That of the funds made available pursuant to For an additional amount for ‘‘Emergencies in the previous proviso, not less than $100,000,000 United States Army, former Commander of the the Diplomatic and Consular Service’’, United States Central Command, recommended shall be made available for democracy building $90,500,000, to remain available until expended: activities in Iraq: Provided further, That none the awards described below in recognition of the Provided, That of the funds made available worldwide nature of the current conflict. of the funds appropriated under this heading under this heading, $50,000,000 shall only be may be allocated for any capital project, includ- (6) That following the advice of his senior available for rewards: Provided further, That of military and civilian defense leaders, President ing construction of a prison, hospital, housing the funds made available under this heading, community, railroad, or government building, Bush, by Executive Order 13289 on March 12, $32,000,000 is for the reimbursement of the City 2003, established the Global War on Terrorism until the Coalition Provisional Authority sub- of New York for costs associated with the pro- mits a report to the Committees on Appropria- Expeditionary Medal to be awarded to service tection of foreign missions and officials during members who serve in military operations to tions describing in detail the estimated costs (in- the heightened state of alert following the Sep- cluding the costs of consultants, design, mate- combat terrorism on or after September 11, 2001, tember 11, 2001, terrorist attacks on the United including, but not limited to actions in Oper- rials, shipping, and labor) on which the request States: Provided further, That of the funds for funds for such project is based: Provided fur- ation Enduring Freedom and Operation Iraqi made available under this heading, $8,500,000 is Freedom, in such locations as Afghanistan, ther, That in order to control costs, to the max- for costs associated with the 2003 Free Trade imum extent practicable Iraqis with the nec- Iraq, the Republic of the Philippines, and else- Area of the Americas Ministerial meeting: Pro- where in Southwest Asia, in recognition of the essary qualifications should be consulted and vided further, That of the funds previously ap- utilized in the design and implementation of sacrifice and contributions military members propriated under this heading, $2,000,000 is for make in the global war on terrorism. programs, projects, and activities funded under rewards for an indictee of the Special Court for this heading: Provided further, That the Admin- (7) That eligibility for the Global War on Ter- Sierra Leone: Provided further, That of prior rorism Expeditionary Medal is predicated on de- istrator of the United States Agency for Inter- year unobligated balances available under this national Development (USAID) shall seek to en- ployment abroad for 30 days or more in support heading, $8,451,000 shall be transferred to and of Global War on Terrorism operations on or sure that programs, projects, and activities ad- merged with the appropriation for ‘‘Diplomatic ministered by USAID in Iraq and Afghanistan after September 11, 2001. and Consular Programs’’ and shall be available (8) That by the same Executive Order, the comply fully with USAID’s ‘‘Policy Paper: Dis- only for the Border Security Program: Provided President established the Global War on Ter- ability’’ issued on September 12, 1997: Provided further, That the entire amount shall be avail- rorism Service Medical recognizing duty in Op- further, That the Administrator shall submit a able only to the extent that an official budget eration Noble Eagle and the homeland defense report to the Committees on Appropriations not request for $90,500,000, that includes designation mission against further terrorist attacks, and later than December 31, 2004, describing the of the entire amount of the request as an emer- which recognizes duty in support of military op- manner in which the needs of people with dis- gency requirement as defined in House Concur- erations performed in areas that do not qualify abilities were met in the development and imple- rent Resolution 95, the concurrent resolution on for the Global War on Terrorism Expeditionary mentation of USAID programs, projects, and ac- the budget for fiscal year 2004, is transmitted by Medal. tivities in Iraq and Afghanistan in fiscal year the President to the Congress. (9) That implementing regulations for eligi- 2004: Provided further, That the Administrator, bility have not been issued by the Secretary of CHAPTER 2 not later than 180 days after enactment of this Defense. BILATERAL ECONOMIC ASSISTANCE Act and in consultation, as appropriate, with (b) SENSE OF THE SENATE ON THE AWARD OF FUNDS APPROPRIATED TO THE other appropriate departments and agencies, the CAMPAIGN MEDAL.—It is the sense of the Senate PRESIDENT Architectural and Transportation Barriers Com- that the Secretary of Defense should, on an ex- pliance Board, and nongovernmental organiza- pedited basis, issue the necessary regulations to UNITED STATES AGENCY FOR INTERNATIONAL tions with expertise in the needs of people with implement these awards and ensure that any DEVELOPMENT disabilities, shall develop and implement appro- person who renders qualifying service with the OPERATING EXPENSES OF THE UNITED STATES priate standards for access for people with dis- Armed Forces in those phases of the Global War AGENCY FOR INTERNATIONAL DEVELOPMENT abilities for construction projects funded by on Terrorism including Operation Iraqi Free- For an additional amount for ‘‘Operating Ex- USAID: Provided further, That of the funds ap- dom, Operation Enduring Freedom and Oper- penses of the United States Agency for Inter- propriated under this heading, assistance shall

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 6333 E:\CR\FM\A20OC6.028 S20PT1 S12900 CONGRESSIONAL RECORD — SENATE October 20, 2003 be made available for Iraqi civilians who have further, That not to exceed $200,000,000 appro- MILITARY ASSISTANCE suffered losses as a result of military operations: priated under this heading in the Foreign Oper- FUNDS APPROPRIATED TO THE Provided further, That not later than 90 days ations, Export Financing, and Related Programs PRESIDENT after enactment of this Act the Secretary of Appropriations Act, 2004, may be used for the FOREIGN MILITARY FINANCING PROGRAM State, in consultation with the Secretary of De- costs, as defined in section 502 of the Congres- For an additional amount for the ‘‘Foreign fense, shall submit a report to the Committees on sional Budget Act of 1974, of modifying direct Military Financing Program’’, $222,000,000, for Appropriations describing the progress made to- loans and guarantees for Pakistan: Provided accelerated assistance for Afghanistan. ward indicting and trying leaders of the former further, That amounts that are made available Iraqi regime for war crimes, genocide, or crimes under the previous proviso for the cost of modi- PEACEKEEPING OPERATIONS against humanity: Provided further, That not- fying direct loans and guarantees shall not be For an additional amount for ‘‘Peacekeeping withstanding any provision of this chapter, considered ‘‘assistance’’ for the purposes of pro- Operations’’, $50,000,000, to support the global none of the funds appropriated under this head- visions of law limiting assistance to a country. war on terrorism. ing may be made available to enter into any CHAPTER 3 contract or follow-on contract that uses other UNITED STATES EMERGENCY FUND FOR COMPLEX GENERAL PROVISIONS, THIS TITLE than full and open competitive contracting pro- FOREIGN CRISES cedures as defined in 41 U.S.C. 403(6): Provided SEC. 2301. In addition to transfer authority further, That the President may waive the re- For necessary expenses to enable the Presi- otherwise provided in chapter 2 of this title, any quirements of the previous proviso if he deter- dent to respond to or prevent unforeseen com- appropriation made available in chapter 2 of mines that it is necessary to do so as a result of plex foreign crises, $200,000,000, which shall be this title may be transferred between such ap- unforeseen or emergency circumstances: Pro- made available for assistance for Liberia, of propriations, to be available for the same pur- vided further, That the President may reallocate which $100,000,000 shall be derived by transfer poses and the same time as the appropriation to funds provided under this heading: Provided from funds appropriated under any other head- which transferred: Provided, That the total further, That these funds may be transferred to ing of this Chapter: Provided, That funds ap- amount transferred pursuant to this section any Federal account for any Federal Govern- propriated under this heading, shall remain shall not exceed $200,000,000: Provided further, ment activity to accomplish the purposes pro- available until expended, and may be made That the Secretary of State shall consult with vided herein: Provided further, That upon a de- available only pursuant to a determination, the Committees on Appropriations prior to exer- termination that all or part of the funds so after consultation with the Committees on Ap- cising the authority contained in this section: transferred from this appropriation are not nec- propriations, by the President that it is in the Provided further, That funds made available essary for the purposes provided herein, such national interest to furnish assistance on such pursuant to the authority of this section shall amounts may be transferred back to this appro- terms and conditions as he may determine for be subject to the regular notification procedures priation: Provided further, That contributions such purposes, including support for peace and of the Committees on Appropriations, except of funds for the purposes provided herein from humanitarian intervention operations: Provided that notification shall be transmitted at least 5 any person, foreign government, or inter- further, That none of these funds shall be avail- days in advance of the obligation of funds. SEC. 2302. Assistance or other financing under national organization, may be credited to this able to respond to natural disasters: Provided chapter 2 of this title may be provided for Iraq, Fund and used for such purposes: Provided fur- further, That from these funds the President notwithstanding any other provision of law: ther, That funds appropriated under this head- may make allocations to Federal agencies to Provided, That funds made available for Iraq ing or transferred or reallocated under provi- carry out the authorities provided under this pursuant to this authority shall be subject to sions of this chapter or section 632 of the For- heading: Provided further, That funds appro- eign Assistance Act of 1961 that are made avail- the regular reprogramming notification proce- priated under this heading shall be subject to dures of the Committees on Appropriations and able for assistance for Iraq shall be subject to the same conditions as those contained under notifications of the Committees on Appropria- section 634A of the Foreign Assistance Act of the same heading in chapter 5 of title I of S. 762, 1961, except that notification shall be trans- tions, except that the notifications shall be as reported by the Committee on Appropriations transmitted at least 5 days in advance of the ob- mitted at least 5 days in advance of obligation: on April 1, 2003: Provided further, That the Provided further, That the notification require- ligation of funds: Provided further, That the President may furnish assistance under this Coalition Provisional Authority shall work, in ments of this section may be waived if failure to heading notwithstanding any other provision of do so would pose a substantial risk to human conjunction with relevant Iraqi officials, to en- law: Provided further, That the provisions of sure that a new Iraqi constitution preserves full health or welfare: Provided further, That in section 553 of Division E of Public Law 108–7, or case of any such waiver, notification to the ap- rights to religious freedom for all individuals, any comparable provision of law enacted subse- including a prohibition on laws that would propriate congressional committees shall be pro- quent to the enactment of that Act, shall be ap- criminalize blasphemy and apostasy: Provided vided as early as practicable, but in no event plicable to funds appropriated under this head- further, That not later than 90 days after enact- later than 3 days after taking the action to ing: Provided further, That funds appropriated ment of this Act and every 90 days thereafter which such notification requirement was appli- under this heading shall be subject to the reg- until the ratification of a new Iraqi constitu- cable, in the context of circumstances necessi- ular notification procedures of the Committees tion, the President shall report to the appro- tating such waiver: Provided further, That any priate Committees of the Congress, on efforts by on Appropriations, except that notifications notification provided pursuant to such a waiver the Coalition Provisional Authority and rel- shall be transmitted at least 5 days in advance shall contain an explanation of the emergency evant Iraqi officials to ensure that the Iraqi of the obligations of funds: Provided further, circumstances. SEC. 2303. Funds made available in chapter 2 constitution preserves religious freedom: Pro- That the requirements of the previous proviso of this title are made available notwithstanding vided further, That funds appropriated under may be waived if failure to do so would pose a section 10 of Public Law 91–672 and section 15 of this heading shall be made available to the Gen- substantial risk to human health and welfare: the State Department Basic Authorities Act of eral Accounting Office for an audit of all funds Provided further, That in case of any such 1956, as amended. appropriated under this Act, including tracking waiver, notification to the Committees on Ap- SEC. 2304. Section 1503 of Public Law 108–11 is the expenditure of appropriated funds, a com- propriations shall be provided as early as prac- amended by, in the last proviso, striking ‘‘2004’’ parison of the amounts appropriated under this ticable, but in no event later than 3 days after and inserting in lieu thereof ‘‘2005’’. Act to the amount actually expended, and a de- taking the action to which such notification re- SEC. 2305. Section 1504 of Public Law 108–11 is termination of whether the funds appropriated quirement was applicable, in the context of such amended by— in this Act are expended as intended by Con- circumstances necessitating such waiver: Pro- (1) in the first proviso, striking the first pro- gress: Provided further, That of the funds ap- vided further, That any notification provided viso, and inserting in lieu thereof: ‘‘Provided, propriated under this heading, up to $13,000,000 pursuant to such waiver shall contain an expla- That subject to the determination and notifica- may be made available to facilitate inter-ethnic nation of the emergency circumstances. tion requirements of this section, exports are au- and inter-religious dialogue, conflict resolution thorized to Iraq of lethal military equipment activities, support rule of law programs, and DEPARTMENT OF STATE designated by the Secretary of State for use by train Iraqi leaders in democratic principles. INTERNATIONAL NARCOTICS CONTROL AND LAW a reconstituted (or interim) Iraqi military, pri- ECONOMIC SUPPORT FUND ENFORCEMENT vate security force, other official Iraqi security For an additional amount for ‘‘Economic Sup- forces or police forces, or forces from other coun- For an additional amount for ‘‘International port Fund’’, $422,000,000, to remain available tries in Iraq that support United States efforts Narcotics Control and Law Enforcement’’, until September 30, 2005, for accelerated assist- in Iraq:’’; and $120,000,000, to remain available until September ance for Afghanistan: Provided, That these (2) in the last proviso, striking ‘‘2004’’ and in- 30, 2004, for accelerated assistance for Afghani- funds are available notwithstanding section 660 serting in lieu thereof ‘‘2005’’. stan. of the Foreign Assistance Act of 1961, and sec- SEC. 2306. Public Law 107–57 is amended— tion 620(q) of that Act or any comparable provi- NONPROLIFERATION, ANTI-TERRORISM, DEMINING (1) in section 1(b), by striking ‘‘2003’’ wherever sion of law: Provided further, That these funds AND RELATED PROGRAMS appearing (including in the caption), and in- may be used for activities related to disar- serting in lieu thereof ‘‘2004’’; mament, demobilization, and reintegration of For an additional amount for ‘‘Nonprolifera- (2) in section 3(2), by striking ‘‘Foreign Oper- militia combatants, including registration of tion, Anti-Terrorism, Demining and Related ations, Export Financing, and Related Programs such combatants, notwithstanding section 531(e) Programs’’, $35,000,000, for accelerated assist- Appropriations Act, 2002, as is’’ and inserting in of the Foreign Assistance Act of 1961: Provided ance for Afghanistan. lieu thereof ‘‘annual foreign operations, export

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 6333 E:\CR\FM\A20OC6.028 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12901 financing, and related programs appropriations cies, including the Department of Defense, the ‘‘(1) executes or attempts to execute a scheme Acts for fiscal years 2002, 2003, and 2004, as Department of State, the Executive Office of the or artifice to defraud the United States or Iraq; are’’; and President, and the National Security Council. ‘‘(2) falsifies, conceals, or covers up by any (3) in section 6, by striking ‘‘2003’’ and insert- (C) A detailed description of the extent of the trick, scheme or device a material fact; ing in lieu thereof ‘‘2004’’. use of private contractors to assist in Authority ‘‘(3) makes any materially false, fictitious, or SEC. 2307. Notwithstanding any other provi- operations and to carry out reconstruction, re- fraudulent statements or representations, or sion of law, the Overseas Private Investment habilitation, or security activities in Iraq, in- makes or uses any materially false writing or Corporation is authorized to undertake any pro- cluding an assessment of— document knowing the same to contain any ma- gram authorized by title IV of the Foreign As- (i) the nature of the contract vehicles used to terially false, fictitious, or fraudulent statement sistance Act of 1961 in Iraq. perform the work, including the extent of com- or entry; or SEC. 2308. Funds appropriated by chapter 2 of petition used in entering into the contracts and ‘‘(4) materially overvalues any good or service this title under the headings ‘‘Economic Support the amount of profit provided in the contracts; with the specific intent to excessively profit from Fund’’, ‘‘International Narcotics Control and (ii) the nature of the task orders or other work the war, military action, or relief or reconstruc- Law Enforcement’’, Peacekeeping Operations’’, orders used to perform the work, including the tion activities in Iraq; and ‘‘Foreign Military Financing Program’’ extent to which performance-based, cost-based, shall be fined not more than $1,000,000 or impris- shall be subject to the regular notification pro- and fixed-price task orders were used; oned not more than 20 years, or both. In lieu of cedures of the Committees on Appropriations. (iii) the reasonableness of the rates charged by SEC. 2309. (a) The Coalition Provisional Au- a fine otherwise authorized by this section, a such contractors, including an assessment of the defendant who derives profits or other proceeds thority (CPA) shall, on a monthly basis, submit impact on rates of a greater reliance on Iraqi a report to the Committees on Appropriations from an offense under this section may be fined labor or other possible sources of supply; not more than twice the gross profits or other which details, for the preceding month, Iraqi oil (iv) the extent to which such contractors per- proceeds. production and oil revenues, and uses of such formed work themselves and, to the extent that ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There revenues. subcontractors were utilized, how such sub- is extraterritorial Federal jurisdiction over an (b) The first report required by subsection (a) contractors were selected; and offense under this section. shall be submitted not later than 30 days after (v) the extent to which the Authority or such ‘‘(c) VENUE.—A prosecution for an offense enactment of this Act. contractors relied upon consultants to assist in under this section may be brought— (c) The reports required by this section shall projects or programs, the amount paid for such ‘‘(1) as authorized by Chapter 211 of Title 18; also be made publicly available in both English consulting services, and whether such con- ‘‘(2) in any district where any act in further- and Arabic, including through the CPA’s Inter- sulting services were obtained pursuant to full ance of the offense took place; or net website. and open competition. ‘‘(3) in any district where any party to the SEC. 2310. (a) REPORTS OF COALITION PROVI- (D) A detailed description of the measures contract or provider of goods or services is lo- SIONAL AUTHORITY.—Not later than January 1, adopted by the Authority and other Federal cated.’’. 2004, and every 90 days thereafter, the Adminis- agencies to monitor and prevent waste, fraud, (2) CHAPTER ANALYSIS.—The chapter analysis trator of the Coalition Provisional Authority and abuse in the expenditure of appropriated for chapter 47 of title 18, United States Code, is (CPA) shall submit to the Committees on Appro- funds in the carrying out of reconstruction, re- amended by inserting at the end the following: priations and Armed Services of the Senate and habilitation, and security activities in Iraq. the House of Representatives a report on all ob- (E) A certification by the Comptroller General ‘‘1037. War profiteering and fraud relating to ligations, expenditures, and revenues associated as to whether or not the Comptroller General military action, relief, and recon- with reconstruction, rehabilitation, and security had adequate access to relevant information to struction efforts in Iraq.’’ activities in Iraq during the preceding 90 days, make informed judgments on the matters cov- (b) FORFEITURE.—Section 981(a)(1)(C) of title including the following: ered by the report. 18, United States Code, is amended by inserting (1) Obligations and expenditures of appro- (4) The Comptroller General shall from time to after ‘‘1032,’’ the following: ‘‘1037,’’. priated funds. time submit to the Committees on Appropriations (c) MONEY LAUNDERING.—Section (2) A project-by-project and program-by-pro- and Armed Services of the Senate and the House 1956(c)(7)(D) of title 18, United States Code, is gram accounting of the costs incurred to date of Representatives a supplemental report on the amended by inserting before ‘‘, section 1111’’ the for the reconstruction of Iraq, together with the audit, and any further investigations, con- following: ‘‘, section 1037 War Profiteering and estimate of the Authority of the costs to com- ducted under paragraph (1). Each such report Fraud Relating to Military Action, Relief, and plete each project and each program. Reconstruction Efforts in Iraq)’’. (3) Revenues attributable to or consisting of shall include such updates of the previous re- ports under this subsection as the Comptroller (d) EXPIRATION OF AUTHORITIES.—The au- funds provided by foreign nations or inter- thorities contained in this amendment shall ex- national organizations, and any obligations or General considers appropriate to keep Congress fully and currently apprised on the reconstruc- pire upon the date that major combat operations expenditures of such revenues. in Iraq cease and desist, the Coalition Provi- (4) Revenues attributable to or consisting of tion, rehabilitation, and security activities in sional Authority transfers responsibility for gov- foreign assets seized or frozen, and any obliga- Iraq. erning Iraq to an indigenous Iraqi government, tions or expenditures of such revenues. SEC. 2311. None of the funds made available (5) Operating expenses of the Authority and by this Act or any unexpended funds provided and a U.S. mission to Iraq, under the direction of any other agencies or entities receiving funds in Public Law 108–11 may be made available to and guidance of the Secretary of State, is re- appropriated by title. pay any costs associated with debts incurred by sponsible for U.S. assistance efforts in Iraq. (b) COMPTROLLER GENERAL AUDIT, INVESTIGA- the former government of Saddam Hussein. SEC. 2314. Not later than 120 days after the TIONS, AND REPORTS.—(1) The Comptroller Gen- SEC. 2312. Title III of Public Law 107–327 is date of the enactment of this Act, the President eral of the United States shall conduct an on- amended as follows by inserting the following shall submit to Congress a report on the efforts going audit of the Coalition Provisional Author- new section: of the Government of the United States to in- ity, and may conduct such additional investiga- ‘‘SEC. 304. REPORTS. crease the resources contributed by foreign tions as the Comptroller General, in consulta- ‘‘The Secretary of State shall submit reports to countries and international organizations to the tion with the Committees on Appropriations, the Committees on Foreign Relations and Ap- reconstruction of Iraq and the feasibility of re- considers appropriate, to evaluate the recon- propriations of the Senate, and the Committees payment of funds contributed for infrastructure struction, rehabilitation, and security activities on International Relations and Appropriations projects in Iraq. The report shall include— in Iraq. of the House of Representatives on progress (1) a description of efforts by the Government (2) In conducting the audit and any investiga- made in accomplishing the ‘Purposes of Assist- of the United States to increase the resources tions under paragraph (1), the Comptroller Gen- ance’ set forth in section 102 of this Act utilizing contributed by foreign countries and inter- eral shall have access to any information and assistance provided by the United States for Af- national organizations to the reconstruction of records created or maintained by the Authority, ghanistan. The first report shall be submitted no Iraq; or by any other entity receiving appropriated later than December 31, 2003, and subsequent re- (2) an accounting of the funds contributed to funds for reconstruction, rehabilitation, or secu- ports shall be submitted in conjunction with re- assist in the reconstruction of Iraq, rity activities in Iraq, that the Comptroller Gen- ports required under section 303 of this title and disaggregated by donor; eral considers appropriate to conduct the audit thereafter through December 31, 2004.’’. (3) an assessment of the effect that— or investigations. SEC. 2313. (a) NEW OFFENSE.— (A) the bilateral debts incurred during the re- (3) Not later than 120 days after the date of (1) IN GENERAL.—Chapter 47 of title 18, 5 gime of Saddam Hussein have on Iraq’s ability the enactment of this Act, the Comptroller Gen- United States Code, is amended by adding at the to finance essential programs to rebuild infra- eral shall submit to the Committees on Appro- end the following: structure and restore critical public services, in- priations and Armed Services of the Senate and ‘‘SEC. 1037. WAR PROFITEERING AND FRAUD RE- cluding health care and education, in Iraq; and the House of Representatives a report on the LATING TO MILITARY ACTION, RE- (B) forgiveness of such debts would have on audit and any investigations conducted under LIEF, AND RECONSTRUCTION EF- the reconstruction and long-term prosperity in paragraph (1). The report shall include informa- FORTS IN IRAQ. Iraq; tion as follows: ‘‘(a) Whoever, in any matter involving a con- (4) a description of any commitment by a for- (A) A detailed description of the organization tract or the provision of goods or services, di- eign country or international organization to and authorities of the Authority. rectly or indirectly, in connection with the war, forgive any part of a debt owed by Iraq if such (B) A detailed description of the relationship military action, or relief or reconstruction ac- debt was incurred during the regime of Saddam between the Authority and other Federal agen- tivities in Iraq, knowingly and willfully— Hussein; and

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 6333 E:\CR\FM\A20OC6.028 S20PT1 S12902 CONGRESSIONAL RECORD — SENATE October 20, 2003 (5) an assessment of the feasibility of repay- (A) the degree to which the CPA is meeting (f) In this section: ment by Iraq— the relief and reconstruction goals and objec- (1) The term ‘‘amounts appropriated under (A) of bilateral debts incurred during the re- tives in the major sectors funded under this the subheading ‘IRAQ RELIEF AND RECONSTRUC- gime of Saddam Hussein; and title, and is enhancing indigenous capabilities; TION FUND’’’ means the amounts appropriated (B) of the funds contributed by the United (B) compliance by the CPA and the Govern- by chapter 2 of this title under the subheading States to finance infrastructure projects in Iraq. ment departments with Federal laws governing ‘‘IRAQ RELIEF AND RECONSTRUCTION FUND’’ SEC. 2315. (a) Not later than April 30, 2004, the competition in contracting; and under the heading ‘‘OTHER BILATERAL ECO- Secretary of Defense shall submit a certification (C) the degree to which the CPA is expending NOMIC ASSISTANCE FUNDS APPRO- to Congress of the amount that Iraq will pay, or funds economically and efficiently, including PRIATED TO THE PRESIDENT’’. that will be paid on behalf of Iraq, during fiscal through use of local contractors; (2) The term ‘‘Coalition Provisional Author- year 2004 to a foreign country to service a debt (2) report quarterly to the appropriate con- ity’’ means the entity charged by the President incurred by Iraq during the regime of Saddam gressional committees on the results of the re- with directing reconstruction efforts in Iraq. Hussein, including any amount used for the view conducted under paragraph (1). SEC. 2320. (a) Congress makes the following payment of principal, interest, or fees associated (b) In this section, the term ‘‘appropriate con- findings: with such debt. Such certification shall in- gressional committees’’ means— (1) A coalition of allied countries led by the clude— (1) the Committees on Appropriations, Armed United States entered Iraq on March 19, 2003, to (1) the actual amount spent for such purpose Services, and Foreign Relations of the Senate; liberate the people of Iraq from the tyrannical during the period from October 1, 2003 through and rule of Saddam Hussein and the Baathist party March 31, 2004; and (2) the Committees on Appropriations, Armed and to remove a threat to global security and (2) the estimated amount that the Secretary Services, and International Relations of the stability. reasonably believes will be used for such pur- House of Representatives. (2) Achieving stability in Iraq will require sub- pose during the period from April 1, 2004 SEC. 2318. None of the funds appropriated or stantial monetary investments to develop a se- through September 30, 2004. otherwise made available by this Act under the cure environment and improve the physical in- (b) On May 1, 2004, the Director of the Office heading ‘‘IRAQ RELIEF AND RECONSTRUCTION frastructure. of Management and Budget shall administra- FUND’’, or under any other heading, may be ob- (3) A stable and prosperous Iraq is important tively reserve, out of the unobligated balance of ligated or expended for the purpose of arming, to peace and economic development in the Mid- the funds appropriated in this title under the training, or employing individuals under the dle East and elsewhere. subheading ‘‘IRAQ RELIEF AND RECONSTRUCTION age of 18 years for the Facilities Protection Serv- (4) As of October 2003, the United States has FUND’’ under the heading ‘‘OTHER BILAT- ice, to carry out any function similar to the provided the majority of the personnel and fi- ERAL ECONOMIC ASSISTANCE FUNDS AP- functions performed by the Service, or for any nancial contributions to the effort to rebuild PROPRIATED TO THE PRESIDENT’’, the other security force. Iraq. amount that is equal to the sum of the amount SEC. 2319. (a) Of the amounts appropriated (5) Congress fully supports efforts to establish certified under paragraph (1) of subsection (a) under the subheading ‘‘IRAQ RELIEF AND RE- a stable economic, social, and political environ- and the estimated amount certified under para- CONSTRUCTION FUND’’— ment in Iraq. graph (2) of such subsection. The amount so re- (1) the $5,136,000,000 allocated for security, in- (6) The President is currently seeking to in- served may not be obligated or expended on or cluding public safety requirements, national se- crease global participation in the effort to sta- after such date. curity, and justice shall be used to rebuild Iraq’s bilize and reconstruct Iraq. (c) The Director of the Office of Management security services; (7) While the United States should aid the and Budget shall impose such restrictions and (2) $5,168,000,000 shall be available for the people of Iraq, the participation of the people of conditions as the Director determines necessary purposes, other than security, set out under Iraq in the reconstruction effort is essential for to ensure that, in the apportionment of amounts such subheading; and the success of such effort. appropriated as described in subsection (b), the (3) $10,000,000,000 shall be available to the (b) It is the sense of Congress that the Presi- balance of the total amount so appropriated President to use as loans to Iraq for the pur- dent should— that remains unobligated on May 1, 2004, ex- poses, other than security, set out under such (1) make every effort to increase the level of fi- ceeds the amount that is to be reserved under subheading until the date on which the Presi- nancial commitment from other nations to im- subsection (b). dent submits the certification described in sub- prove the physical, political, economic, and so- (d) It is the sense of Congress that each coun- section (c). cial infrastructure of Iraq; and try that is owed a debt by Iraq that was in- (b) The President shall submit a notification (2) seek to provide aid from the United States curred during the regime of Saddam Hussein to Congress if, of the amounts referred to in to Iraq in a manner that promotes economic should forgive such debt, including any amount paragraphs (1) and (2) of subsection (a), an growth in Iraq and limits the long-term cost to owed by Iraq for the principal, interest, and fees amount in excess of $250,000,000 is used for any taxpayers in the United States. associated with such debt. single purpose in Iraq. SEC. 2321. (a) INITIAL REPORT ON RELIEF AND SEC. 2316. (a) Congress finds that— (c)(1) The certification referred to in sub- RECONSTRUCTION.—Not later than 60 days after (1) in a speech delivered to the United Nations section (a)(3) is a certification submitted to Con- the date of enactment of this Act, the President on September 23, 2003, President George W. gress by the President stating that not less than shall submit to Congress a report on the United Bush appealed to the international community 90 percent of the total amount of the bilateral States strategy for activities related to post-con- to take action to make the world a safer and debt incurred by the regime of Saddam Hussein flict security, humanitarian assistance, govern- better place; ance, and reconstruction to be undertaken as a (2) in that speech, President Bush emphasized has been forgiven by the countries owed such result of Operation Iraqi Freedom. The report the responsibility of the international commu- debt. shall include information on the following: nity to help the people of Iraq rebuild their (2) On the date that the President submits the (1) The distribution of duties and responsibil- country into a free and democratic state; certification described in paragraph (1)— (3) for a plan for Iraq’s future to be appro- (A) the unobligated balance of the ities regarding such activities among the agen- priate, the provisions of that plan must be con- $10,000,000,000 referred to in subsection (a)(3) cies of the United States Government, including sistent with the best interests of the Iraqi peo- may be obligated and expended with no require- the Department of State, the United States ple; ment that such amount be provided as loans to Agency for International Development, and the (4) premature self-government could make the Iraq; and Department of Defense. Iraqi state inherently weak and could serve as (B) the President may waive repayment of (2) A plan describing the roles and responsibil- an invitation for terrorists to sabotage the devel- any amount made as a loan under subsection ities of foreign governments and international opment of a democratic, economically pros- (a)(3) prior to such date. organizations, including the United Nations, in perous Iraq. (d) The head of the Coalition Provisional Au- carrying out such activities. (b) It is the sense of Congress that— thority shall ensure that the amounts appro- (3) A strategy for coordinating such activities (1) arbitrary deadlines should not be set for priated under the subheading ‘‘IRAQ RELIEF AND among the United States Government, foreign the dissolution of the Coalition Provisional Au- RECONSTRUCTION FUND’’, are expended, whether governments, and international organizations, thority or the transfer of its authority to an by the United States or by the Governing Coun- including the United Nations. Iraqi governing authority; and sel in Iraq, for the purposes set out under such (4) A strategy for distributing the responsi- (2) no such dissolution or transfer of author- subheading and in a manner that the head of bility for paying costs associated with recon- ity should occur until the ratification of an the Coalition Provisional Authority does not struction activities in Iraq among the United Iraqi constitution and the establishment of an find objectionable. States Government, foreign governments, and elected government in Iraq. (e) It is the sense of Congress that each coun- international organizations, including the SEC. 2317. GENERAL ACCOUNTING OFFICE RE- try that is owed bilateral debt by Iraq that was United Nations, and for actions to be taken by VIEW. (a) The Comptroller General of the United incurred by the regime of Saddam Hussein the President to secure increased international States shall— should— participation in peacekeeping and security ef- (1) review the effectiveness of relief and recon- (1) forgive such debt; and forts in Iraq. struction activities conducted by the Coalition (2) provide robust amounts of reconstruction (5) A comprehensive strategy for completing Provisional Authority (hereafter in this section aid to Iraq during the conference of donors the reconstruction of Iraq, estimated timelines ‘‘CPA’’) from funds made available under the scheduled to begin on October 23, 2003, in Ma- for the completion of significant reconstruction ‘‘Iraq Relief and Reconstruction Fund’’ in this drid, Spain and during other conferences of do- milestones, and estimates for Iraqi oil produc- title, including by providing analyses of— nors of foreign aid. tion.

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 6333 E:\CR\FM\A20OC6.028 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12903

(b) SUBSEQUENT REPORTS ON RELIEF AND RE- respectively, with economic development pro- ‘‘(f) CERTIFICATION FOR LEAVE DUE TO FAM- CONSTRUCTION.—(1) Not later than 60 days after grams to— ILY MEMBER’S ACTIVE DUTY.—An employer may the submittal of the report required by sub- (A) encourage the reintegration of such former require that a request for leave under section section (a), and every 60 days thereafter until combatants into society; and 102(a)(3) be supported by a certification issued all funds provided by this title are expended, the (B) promote post-conflict stability in Afghani- at such time and in such manner as the Sec- President shall submit to Congress a report that stan and Iraq, respectively. retary may by regulation prescribe.’’. includes information as follows: (c) MILITARY AND POLICE.—Activities carried SEC. 3003. LEAVE FOR CIVIL SERVICE EMPLOY- (A) A list of all activities undertaken related out by the United States with respect to training EES. (a) ENTITLEMENT TO LEAVE.—Section to reconstruction in Iraq, and a corresponding for military and police forces in Afghanistan 6382(a) of title 5, United States Code, is amended list of the funds obligated in connection with and Iraq shall— by adding at the end the following: such activities, during the preceding 60 days. (1) include training on the protection, rights, ‘‘(3)(A) Subject to section 6383(f), an eligible (B) A list of the significant activities related and particular needs of women and emphasize employee shall be entitled to a total of 12 work- to reconstruction in Iraq that the President an- that violations of women’s rights are intolerable weeks of leave during any 12-month period be- ticipates initiating during the ensuing 60-day and should be prosecuted; and cause a spouse, son, daughter, or parent of the period, including— (2) encourage the personnel providing the employee is a member of the Armed Forces— (i) the estimated cost of carrying out the pro- training described in paragraph (1) to consult ‘‘(i) on active duty in support of a contin- posed activities; and with women’s organizations in Afghanistan and gency operation; or (ii) the source of the funds that will be used Iraq, respectively, to ensure that training con- ‘‘(ii) notified of an impending call or order to to pay such costs. tent and materials are adequate, appropriate, active duty in support of a contingency oper- (C) Updated strategies, objectives, and and comprehensive. ation. timelines if significant changes are proposed re- TITLE III—LEAVE FOR MILITARY ‘‘(B) An eligible employee shall be entitled to garding matters included in the report required FAMILIES take leave under subparagraph (A)— under subsection (a), or in any previous report SEC. 3001. SHORT TITLE. This title may be cited ‘‘(i) while the employee’s spouse, son, daugh- under this subsection. as the ‘‘Military Families Leave Act of 2003’’. ter, or parent (referred to in the subparagraph (2) Each report under this subsection shall in- SEC. 3002. GENERAL REQUIREMENTS FOR as the ‘family member’) is on active duty in sup- clude information on the following: LEAVE. (a) ENTITLEMENT TO LEAVE.—Section port of a contingency operation, and, if the fam- (A) The expenditures for, and progress made 102(a) of the Family and Medical Leave Act of ily member is a member of a reserve component toward, the restoration of basic services in Iraq 1993 (29 U.S.C. 2612(a)) is amended by adding at of the Armed Forces, beginning when such fam- such as water, electricity, sewer, oil infrastruc- the end the following: ily member receives notification of an impending ture, a national police force, an Iraqi army, and ‘‘(3) ENTITLEMENT TO LEAVE DUE TO FAMILY call or order to active duty in support of a con- judicial systems. MEMBER’S ACTIVE DUTY.— tingency operation; and (B) The significant goals intended to be ‘‘(A) IN GENERAL.—Subject to section 103(f), ‘‘(ii) only for issues relating to or resulting achieved by such expenditures. an eligible employee shall be entitled to a total from such family member’s— (C) The progress made toward securing in- of 12 workweeks of leave during any 12-month ‘‘(I) service on active duty in support of a creased international participation in peace- period because a spouse, son, daughter, or par- contingency operation; and keeping efforts and in the economic and polit- ent of the employee is a member of the Armed ‘‘(II) if a member of a reserve component of ical reconstruction of Iraq. Forces— the Armed Forces— (D) The progress made toward securing Iraqi ‘‘(i) on active duty in support of a contin- ‘‘(aa) receipt of notification of an impending borders. gency operation; or call or order to active duty in support of a con- (E) The progress made toward securing self- ‘‘(ii) notified of an impending call or order to tingency operation; and government for the Iraqi people and the estab- active duty in support of a contingency oper- ‘‘(bb) service on active duty in support of such lishment of a democratically elected government. ation. operation. (F) The progress made in securing and elimi- ‘‘(B) CONDITIONS AND TIME FOR TAKING ‘‘(4) No employee may take more than a total nating munitions caches, unexploded ordinance, LEAVE.—An eligible employee shall be entitled to of 12 workweeks of leave under paragraphs (1) and excess military equipment in Iraq. take leave under subparagraph (A)— and (3) during any 12-month period.’’. (G) The measures taken to protect United ‘‘(i) while the employee’s spouse, son, daugh- (b) SCHEDULE.—Section 6382(b)(1) of such title States troops serving in Iraq. ter, or parent (referred to in the subparagraph is amended by inserting after the second sen- SEC. 2322. REQUIREMENTS RELATING TO as the ‘family member’) is on active duty in sup- tence the following: ‘‘Leave under subsection UNITED STATES ACTIVITIES IN AFGHANISTAN AND port of a contingency operation, and, if the fam- (a)(3) may be taken intermittently or on a re- IRAQ. (a) GOVERNANCE.—Activities carried out ily member is a member of a reserve component duced leave schedule.’’. by the United States with respect to the civilian of the Armed Forces, beginning when such fam- (c) SUBSTITUTION OF PAID LEAVE.—Section governance of Afghanistan and Iraq shall, to ily member receives notification of an impending 6382(d) of such title is amended by inserting ‘‘or the maximum extent practicable— call or order to active duty in support of a con- subsection (a)(3)’’ after ‘‘subsection (a)(1)’’. (1) include the perspectives and advice of tingency operation; and (d) NOTICE.—Section 6382(e) of such title is women’s organizations in Afghanistan and Iraq, ‘‘(ii) only for issues relating to or resulting amended by adding at the end the following: respectively; from such family member’s— ‘‘(3) An employee who intends to take leave (2) promote the inclusion of a representative ‘‘(I) service on active duty in support of a under subsection (a)(3) shall provide such notice number of women in future legislative bodies to contingency operation; and to the employing agency as is practicable.’’. ‘‘(II) if a member of a reserve component of ensure that the full range of human rights for (e) CERTIFICATION.—Section 6383 of such title the Armed Forces— women are included and upheld in any con- is amended by adding at the end the following: ‘‘(aa) receipt of notification of an impending ‘‘(f) An employing agency may require that a stitution or legal institution of Afghanistan and call or order to active duty in support of a con- Iraq, respectively; and request for leave under section 6382(a)(3) be sup- tingency operation; and ported by a certification issued at such time and (3) encourage the appointment of women to ‘‘(bb) service on active duty in support of such high level positions within ministries in Afghan- in such manner as the Office of Personnel Man- operation. agement may by regulation prescribe.’’. istan and Iraq, respectively. ‘‘(4) LIMITATION.—No employee may take more (b) POST-CONFLICT RECONSTRUCTION AND DE- than a total of 12 workweeks of leave under TITLE IV—DEPARTMENT OF VETERANS VELOPMENT.—Activities carried out by the paragraphs (1) and (3) during any 12-month pe- AFFAIRS United States with respect to post-conflict sta- riod.’’. VETERANS HEALTH ADMINISTRATION bility in Afghanistan and Iraq shall, to the max- (b) SCHEDULE.—Section 102(b)(1) of such Act MEDICAL CARE imum extent practicable— (29 U.S.C. 2612(b)(1)) is amended by inserting For an additional amount for medical care (1) encourage the United States organizations after the second sentence the following: ‘‘Leave and related activities under this heading for fis- that receive funds made available by this Act under subsection (a)(3) may be taken intermit- cal year 2004, $1,300,000,000, to remain available to— tently or on a reduced leave schedule.’’. until September 30, 2005. (A) partner with or create counterpart organi- (c) SUBSTITUTION OF PAID LEAVE.—Section zations led by Afghans and Iraqis, respectively; 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) TITLE V—GENERAL PROVISION, THIS ACT and is amended by inserting ‘‘or subsection (a)(3)’’ SEC. 5001. Not later than 30 days after the (B) to provide such counterpart organizations after ‘‘subsection (a)(1)’’. date of the enactment of this Act, and every 90 with significant financial resources, technical (d) NOTICE.—Section 102(e) of such Act (29 days thereafter until December 31, 2007, the assistance, and capacity building; U.S.C. 2612(e)) is amended by adding at the end President shall submit to each Member of Con- (2) increase the access of women to, or owner- the following: gress a report on the projected total costs of ship by women of, productive assets such as ‘‘(3) NOTICE FOR LEAVE DUE TO FAMILY MEM- United States operations in Iraq, including mili- land, water, agricultural inputs, credit, and BER’S ACTIVE DUTY.—An employee who intends tary operations and reconstruction efforts, property in Afghanistan and Iraq, respectively; to take leave under subsection (a)(3) shall pro- through fiscal year 2008. The President shall in- (3) provide long-term financial assistance for vide such notice to the employer as is prac- clude in each report after the initial report an education for girls and women in Afghanistan ticable.’’. explanation of any change in the total projected and Iraq, respectively; and (e) CERTIFICATION.—Section 103 of such Act costs since the previous report. (4) integrate education and training programs (29 U.S.C. 2613) is amended by adding at the end SEC. 5002. The amounts provided in this Act for former combatants in Afghanistan and Iraq, the following: are designated by the Congress as an emergency

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 6333 E:\CR\FM\A20OC6.029 S20PT1 S12904 CONGRESSIONAL RECORD — SENATE October 20, 2003 requirement pursuant to section 502 of H. Con. mit a notification of the contract or other agree- mation and records created or maintained by Res. 95 (108th Congress). ment and the grant of the waiver, together with the United States, or by any entity receiving SEC. 5003. (a) None of the funds appropriated a discussion of the justification for the waiver, funds for contracts studied under this section by this Act may be obligated or expended by the to the committees of Congress named in sub- that the Comptroller General considers appro- head of an executive agency for payments under section (a)(1). priate. any contract or other agreement described in (2)(A) In the case of any contract or other (b) Not later than 6 months after the date of subsection (b) that is not entered into with full agreement for which the Director of Central In- enactment of this Act and again 4 months there- and open competition unless, not later than 30 telligence determines that it is necessary to do so after, the Comptroller Government shall submit days after the date on which the contract or in the national security interests of the United to the Committees on Appropriations of the Sen- other agreement is entered into, such official— States related to intelligence, the Director may ate and the House of Representatives a report (1) submits a report on the contract or other waive the limitation in subsection (a), but only that includes— agreement to the Committees on Armed Services, on a case-by-case basis. (1) an evaluation of the studies conducted on Governmental Affairs, and on Appropria- (B) For each contract or other agreement for under this section; and tions of the Senate, and the Committees on which the Director of Central Intelligence (2) any recommendations for the improvement Armed Services, on Government Reform, and on grants a waiver under this paragraph, the Di- of the contracting process for contracts per- Appropriations of the House of Representatives; rector shall submit a notification of the contract formed or to be performed in Iraq and for con- and or other agreement and of the grant of the waiv- tracts generally, including the selection process, (2) publishes such report in the Federal Reg- er, together with a discussion of the justification contract content, and oversight of the adminis- ister and the Commerce Business Daily. for the waiver, to the Select Committee on Intel- tration and performance of contracts. (b) This section applies to any contract or ligence, the Committee on Appropriations, and SEC. 5006. Section 1605 of title 28, United other agreement in excess of $1,000,000 that is the Committee on Governmental Affairs of the States Code, is amended by adding a new sub- entered into with any public or private sector Senate and to the Permanent Select Committee section (h) as follows: entity for any of the following purposes: on Intelligence, the Committee on Appropria- ‘‘(h) Notwithstanding any provision of the Al- (1) To build or rebuild physical infrastructure tions, and the Committee on Governmental Re- giers Accords, or any other international agree- of Iraq. form of the House of Representatives. ment, any United States citizen held hostage (2) To establish or reestablish a political or so- (f) Nothing in this section shall be construed during the period between 1979 and 1981, and cietal institution of Iraq. as affecting obligations to disclose United States their spouses and children at the time, shall (3) To provide products or services to the peo- Government information under any other provi- have a claim for money damages against a for- ple of Iraq. sion of law. eign state for personal injury that was caused (4) To perform personnel support services in (g) In this section— by the foreign state’s act of torture or hostage Iraq, including related construction and pro- (1) the term ‘‘full and open competition’’ has taking. Any provision in an international agree- curement of products, in support of members of the meaning given such term in section 4 of the ment, including the Algiers Accords that pur- the Armed Forces and United States civilian Office of Federal Procurement Policy Act (41 ports to bar such suit is abrogated. This sub- personnel. U.S.C. 403); section shall apply retroactively to any cause of (c) The report on a contract or other agree- (2) the term ‘‘executive agency’’ has the mean- action cited in section 1605(a)(7)(A) of title 28, ment of an executive agency under subsection ing given such term in section 105 of title 5, United States Code.’’. (a) shall include the following information: United States Code, and includes the Coalition SEC. 5007. (a) The Senate finds the following: (1) The amount of the contract or other agree- Provisional Authority for Iraq; and (1) When Saddam Hussein came to power in ment. (3) the term ‘‘Coalition Provisional Authority the 1970’s Iraq was a prosperous county with no (2) A brief discussion of the scope of the con- for Iraq’’ means the entity charged by the Presi- foreign debt and significant foreign cash re- tract or other agreement. dent with directing reconstruction efforts in serves. (2) Iraq’s reserves were exhausted during the (3) A discussion of how the executive agency Iraq. Iran-Iraq War in the 1980’s and Iraq became a identified, and solicited offers from, potential SEC. 5004. (a) Congress finds that— contractors to perform the contract, together (1) Israel is a strategic ally of the United debtor nation. (3) Today, the debts incurred by Saddam Hus- with a list of the potential contractors that were States in the Middle East; sein’s regime are estimated to be as much as issued solicitations for the offers. (2) Israel recognizes the benefits of a demo- (4) The justification and approval documents cratic form of government; $150,000,000,000. (4) A process has been put in place that will on which was based the determination to use (3) the policies and activities of the Govern- establish a new representative Iraqi government procedures other than procedures that provide ment of Iraq under the Saddam Hussein regime based on a democratic political system with a for full and open competition. contributed to security concerns in the Middle free market economy. The goal is a prosperous (d) The limitation on use of funds in sub- East, especially for Israel; (4) the Arab Liberation Front was established Iraq that is not a threat to its neighbors. section (a) shall not apply in the case of any (5) For Iraq to be prosperous it must rebuild. by Iraqi Baathists, and supported by Saddam contract or other agreement entered into by the In the near term the United States and other Hussein; head of an executive agency for which such of- donor countries will provide grants to begin the (5) the Government of Iraq under the Saddam ficial— process. In the longer term Iraq must be able to (1) either— Hussein regime assisted the Arab Liberation fully participate in the international financial (A) withholds from publication and disclosure Front in distributing grants to the families of system. as described in such subsection any document or suicide bombers; (6) It is impossible for Iraq to borrow funds in (6) the Government of Iraq under the Saddam other collection of information that is classified international financial markets based on its ex- Hussein regime aided Abu Abass, leader of the for restricted access in accordance with an Ex- isting debt. Eliminating that debt will make pos- Palestinian Liberation Front, who was a mas- ecutive order in the interest of national defense sible Iraq’s continued rebuilding toward a pros- termind of the hijacking of the Achille Lauro, or foreign policy; or perous and stable nation. A prosperous nation is an Italian cruise ship, and is responsible for the (B) redacts any part so classified that is in a less likely to be a threat to its neighbors and to death of an American tourist aboard that ship; document or other collection of information not be a breeding ground for terrorists. A prosperous and so classified before publication and disclosure of Iraq is more likely to be a positive force in the (7) Saddam Hussein attacked Israel during the the document or other information as described region and participant in the world economy. in such subsection; and 1990-1991 Persian Gulf War by launching 39 (b) It is the sense of the Senate that all coun- (2) transmits an unredacted version of the Scud missiles into that country and thereby tries that hold debt from loans to the former document or other collection of information, re- causing multiple casualties. Iraqi regime of Saddam Hussein should be urged spectively, to the chairman and ranking member (b) It is the sense of Congress that the removal to forgive their debt. of each of the Committees on Governmental Af- of the Government of Iraq under Saddam Hus- SEC. 5008. (a) FINDINGS.—The Senate finds fairs and on Appropriations of the Senate, the sein enhanced the security of Israel and other that— Committees on Government Reform and on Ap- United States allies. (1) in May 2002, the Federal Bureau of Inves- propriations of the House of Representatives, SEC. 5005. (a) The Comptroller General shall tigation (FBI) issued a warning to law enforce- and the committees that the head of such execu- conduct studies on the effectiveness and effi- ment personnel to be alert to the potential use of tive agency determines has legislative jurisdic- ciency of the administration and performance of shoulder-fired missiles against United States air- tion for the operations of such executive agency contracts in excess of $40,000,000 that are per- craft; to which the document or other collection of in- formed or are to be performed in, or relating to, (2) in May 2002, Al Qaeda was suspected of formation relates. Iraq and are paid out of funds made available firing a shoulder-fired missile at United States (e)(1)(A) In the case of any contract or other under this Act or the Emergency Wartime Sup- military aircraft near Prince Sultan Air Base in agreement for which the Secretary of Defense plemental Appropriations Act, 2003 (Public Law Saudi Arabia; determines that it is necessary to do so in the 108–11). The studies shall specifically examine (3) in November 2002, an Israeli commercial national security interests of the United States, the profits, administrative overhead, manage- jetliner was fired upon by a shoulder-fired mis- the Secretary may waive the limitation in sub- ment fees, and related expenditures for the man- sile shortly after take-off in Mombasa, Kenya; section (a), but only on a case-by-case basis. agement of subcontracts (and further subcon- (4) in August 2003, a weapons smuggler was (B) For each contract or other agreement for tracting) under any such contract. In con- arrested after agreeing to sell a Russian SA–18 which the Secretary of Defense grants a waiver ducting studies under this section, the Comp- to an undercover FBI agent posing as a Muslim under this paragraph, the Secretary shall sub- troller General shall have access to any infor- extremist;

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 6333 E:\CR\FM\A20OC6.029 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — SENATE S12905 (5) during recent operations in Iraq, United his consent request to have that time of morning business, the Senate will States commercial airlines—as part of the Civil on our side under Senator BOXER’s con- begin consideration of the conference Reserve Air Fleet (CRAF)—flew nearly 2,000 trol. report to accompany the partial-birth flights carrying United States troops and sup- The PRESIDING OFFICER. Is there abortion ban bill. Under that agree- plies into Kuwait, Saudi Arabia, the United objection? Arab Emirates, Qatar, and Bahrain; ment, there will be up to 4 hours of de- (6) no United States commercial airliners are Without objection, it is so ordered. bate, and therefore a vote on adoption currently equipped with defenses against shoul- Mr. MCCONNELL. Mr. President, I of the conference report will occur der-fired missiles. ask unanimous consent that when the sometime tomorrow afternoon. The (b) PRIORITIZATION.—When counter measures Senate completes its business today, it vote on the conference report will be against the threat of shoulder-fired missiles are adjourn until 9:30 tomorrow morning. I the first vote of the day. deployed, the Secretary of Homeland Security, further ask unanimous consent that Following that vote, the Senate will in conjunction with the Secretary of Defense following the prayer and pledge, the resume consideration of the motion to and the Secretary of Transportation, shall make morning hour be deemed expired, the proceed to S. 1751, the class action re- it a priority to equip the aircraft enrolled in the Journal of proceedings be approved to Civil Reserve Air Fleet. form bill. date, the time for the two leaders be SEC. 5009. Paragraph (1) of section 1314 of As a reminder, cloture was filed on Public Law 108–11 is amended by inserting reserved for their use later in the day, the motion to proceed to the bill just a ‘‘without fiscal year limitation’’ after ‘‘avail- and the Senate then begin a period of few moments ago. That cloture vote able’’ the first place it appears. morning business until 10:30 a.m., with will occur on Wednesday. Senators ob- This Act may be cited as the ‘‘Emergency Sup- the first half of that time controlled by viously will be notified when that vote plemental Appropriations for Iraq and Afghani- the Democratic leader or his designee, is scheduled. stan Security and Reconstruction Act, 2004’’. and the second half of the time under f the control of Senator HUTCHISON or f ORDERS FOR TUESDAY, OCTOBER her designee. I further ask unanimous 21, 2003 consent that at 10:30 a.m., the Senate ADJOURNMENT UNTIL 9:30 A.M. begin consideration of the conference TOMORROW Mr. MCCONNELL. Mr. President, I report to accompany S. 3 as under the ask unanimous consent that at 10:30 Mr. MCCONNELL. Mr. President, if earlier consent. I also ask unanimous there is no further business to come be- a.m. on Tuesday, October 21, the Sen- consent that the Senate recess from ate proceed to the conference report to fore the Senate, I ask unanimous con- 12:30 until 2:15 p.m. for the weekly sent that the Senate stand in adjourn- accompany S. 3, the partial-birth abor- party conferences to meet. I further tion ban legislation, and that it be con- ment under the previous order. ask unanimous consent that following There being no objection, the Senate, sidered under the following terms: 4 the vote on the conference report to ac- hours for debate equally divided be- at 6:36 p.m., adjourned until Tuesday, company S. 3, the Senate resume de- October 21, 2003, at 9:30 a.m. tween the two leaders or their des- bate on the motion to proceed to S. ignees, provided that following the use 1751. f or yielding back of time, the Senate The PRESIDING OFFICER. Is there proceed to a vote on the adoption of objection? CONFIRMATION the conference report with no inter- Without objection, it is so ordered. Executive nomination confirmed by vening action or debate. f the Senate October 20, 2003: The PRESIDING OFFICER. Is there objection? PROGRAM THE JUDICIARY Mr. REID. Mr. President, I only ask Mr. MCCONNELL. Mr. President, to- MARGARET CATHARINE RODGERS, OF FLORIDA, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN that the distinguished Senator modify morrow morning following the period DISTRICT OF FLORIDA.

VerDate jul 14 2003 00:21 Oct 21, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 9801 E:\CR\FM\A20OC6.029 S20PT1 October 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2089 EXTENSIONS OF REMARKS

CONGRATULATING THE PEOPLE velopment and led the formation and served ministered by the Oblates of St. Francis de OF TAIWAN on the Board of Directors of the California Sales according to the teachings of the Gos- Community Economic Development Associa- pel of St. Francis de Sales. Paul VI quickly es- HON. TOM LANTOS tion, it’s California statewide affiliate. During tablished an excellent academic reputation, OF CALIFORNIA his tenure, the CED movement grew to en- helping it grow to its 1,200-student capacity; compass over 3,000 organizations. yet it is especially important to note that the IN THE HOUSE OF REPRESENTATIVES Additionally, Mr. Head was instrumental in school’s mission extends far beyond aca- Monday, October 20, 2003 the expansion of the number of federally-fund- demia. Faith, outreach, and extracurricular ac- Mr. LANTOS. Mr. Speaker, on the occasion ed legal services programs that provide CED tivity also have helped make Paul VI a unique, of the national day of the Republic of China on representation and the formation and support popular, and admired school community. Taiwan, I extend to the government and peo- of CED pro bono legal services within the pri- Spiritually, students are supported by an ac- ple my warmest congratulations and best vate bar. He has also trained hundreds of law tive Campus Ministry program which offers wishes on this important occasion. students in CED, and led the formation of nu- Masses, liturgies, and retreats, as well as op- Mr. Speaker, over the past half century Tai- merous law school CED clinics and courses. portunities for students to meet in healthy so- wan has become an outpost of democracy in Within his field, James is a national leader cial situations. As many as 100 students a East Asia, and its business community has in developing new strategies for securing jobs year have signed up to be part of the Campus created a robust and innovative economy. Tai- for disadvantaged persons. He promoted the Ministry Team, known for planning activities wan’s political and economic development is a sector concept, which links low-income and such as World Hunger Day in order to better shining example of East Asia’s extraordinary communities of color with regional labor mar- empathize with others. potential. kets. Under his leadership, the National Net- Service plays an equally large role at Paul Under outstanding leaders, Taiwan has work of Sector Partners, an association of VI. In 1999, the school was recognized as one shown the desire and the ability to play an in- over 150 sector practitioners, was founded. of only three Virginia Service Learning Leader creasingly important role on the international Sector initiatives are being used by public Schools. Freshmen and sophomores are re- stage. As my colleagues know, I have strongly agencies, community groups and Workforce quired to donate time to helping their school, supported the vigorous participation of the Investment Boards across the county. As well, parish, or community. Juniors and seniors government and people of Taiwan in the inter- James is recognized for his work in devel- must choose a volunteer project of direct serv- national community. I support and encourage oping new tools for investment in low-income ice to the poor, homeless, elderly, or dispos- Taiwan to continue to work for full participation communities. He played a key role in the cre- sessed. In addition, senior government class- in international organizations such as the ation of the Community Capital Investment Ini- es encourage students to volunteer for political World Health Organization and other United tiative, a model program that will result in the candidates and become responsible American Nations institutions. investment of millions of dollars in the San citizens. Mr. Speaker, during over fifty years of co- Francisco Bay Area’s poorest communities. Paul VI also has taken a leading role nation- operation between the United States and Tai- Lastly, I would like to applaud Mr. Head for ally as one of the first three Catholic schools wan, we have become valuable allies and his efforts to promote the Community Rein- in the nation with a program of modified inclu- friends. In recent years Taiwan has proven to vestment Act of 1977 as a tool for bringing sion for developmentally disabled high school be a consistent champion of human rights, en- new financial resources to impoverished com- students. Through another unique program, vironmental responsibility, and democracy. I munities. James chaired the Consumer Advi- Paul VI students became the first high school particularly applaud Taiwan for its support of sory Council of the Federal Reserve Board, students ever allowed to work with hospice the United States in our war against global ter- promoting community banking and helping patients in the Washington, DC, area. In a rorism and for Taiwan’s pledge of humani- leaders understand the potential market in pilot program run by Hospice of Northern Vir- tarian assistance to Afghanistan and Iraq. low-income areas. He served on the Board of ginia, seniors taking the Paul VI Death and Mr. Speaker, I congratulate our friends, the Directors of the California Reinvestment Com- Dying class are paired with Hospice patients people of Taiwan and the government of the mittee, a statewide advocacy organization that to establish relationships and compile life his- Republic of China on Taiwan on this national holds financial institutions accountable for tories for patients and their families. day. We all wish them a future of continued meeting the banking needs of low-income Many clubs, sports teams and student orga- prosperity, peace, freedom, and democracy. communities. nizations add yet another dimension to life at f On behalf of the 9th Congressional District Paul VI. The school newspaper, yearbook, of California, I take great pride in joining his and literary magazine are rated in top cat- HONORING JAMES W. HEAD friends and colleagues to salute an extraor- egories among scholastic publications. Paul VI dinary leader, James W. Head. offers a successful athletic program with a HON. BARBARA LEE f number of sports teams and an extensive in- OF CALIFORNIA tramural program. Both girls and boys cross- CELEBRATING THE 20TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES country teams have won state championships; SARY OF PAUL VI CATHOLIC girls volleyball won the Washington Catholic Monday, October 20, 2003 HIGH SCHOOL Athletic Conference championships the past 4 Ms. LEE. Mr. Speaker, I rise today to honor years, and boys basketball won the WCAC James W. Head on the occasion of his retire- HON. TOM DAVIS title in 2003. Students at Paul VI also select a ment as President of the National Economic OF VIRGINIA different charity each year to support. Their Development & Law Center (NEDLC). James IN THE HOUSE OF REPRESENTATIVES pledges greatly have helped organizations has provided creative leadership and inspired such as the Hospice of Northern Virginia, the vision for seventeen years. He leaves behind Monday, October 20, 2003 Northern Virginia Training Center, and the an organization that is nationally recognized Mr. TOM DAVIS of Virginia. Mr. Speaker, I American Heart Association. for its success in creating strategies to ad- would like to honor the 20th anniversary of Mr. Speaker, in closing, I would like to con- dress the economic and social conditions of Paul VI Catholic High School on October 12, gratulate Paul VI Catholic High School on 20 low income and communities of color. 2003. years of excellence. With its alumni spanning James is a pioneer in the community eco- Since opening in September 1983, Paul VI the far comers of the world involved in the nomic development (CED) movement. Along has been committed to graduating well-edu- Peace Corps and armed services and holding with being NEDLC’s longest serving President, cated, responsible, and moral young adults. a variety of other noble positions, Paul VI he served on the Board of Directors of the Na- The Diocese of Arlington purchased the old seems to be living out the words of its patron, tional Congress for Community Economic De- 1934 Fairfax High School building to be ad- Saint Francis de Sales, ‘‘Do Ordinary Things

∑ 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 jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K20OC8.001 E20PT1 E2090 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2003 Extraordinarily Well.’’ I call upon my col- one of our Nation’s premier scientific research the rapidly emerging Springfield area of Fair- leagues to join me in applauding the Paul VI centers, the Advanced Light Source (ALS), a fax County. First staffed with only seven and its dedicated administration, faculty, staff, Department of Energy facility located at Law- teachers, Garfield conducted classes on the and students. rence Berkeley National Laboratory. The 9th grounds of Franconia Elementary School f District of California is the proud home of this under the supervision of then Franconia prin- remarkable facility and many of the scientists, cipal, Mr. James Robinson. The following JOIN IN SUPPORTING THE CALI- students and administrators at the ALS are my year, in September 1953, Garfield opened its FORNIA MISSIONS PRESERVA- constituents. own school on Old Keen Mill Road, staffed TION ACT The ALS is a national user facility that gen- with 18 faculty members and with Mr. Robin- erates intense light for scientific and techno- son as its first principal. HON. TOM LANTOS logical research. It produces light in the x-ray Since then, Garfield School has been ren- OF CALIFORNIA region of the electromagnetic spectrum that is ovated twice in order to better meet the needs IN THE HOUSE OF REPRESENTATIVES one billion times brighter than the sun. As one of its students. First, in 1967–68 the library Monday, October 20, 2003 of the world’s brightest sources of ultraviolet was refurbished, administrative offices were Mr. LANTOS. Mr. Speaker, I would like to and soft x-ray beams—and the world’s first added, kindergarten and primary classes were ask my colleagues to join me in supporting the third-generation synchrotron light source in its created and a gymnasium was built. Later in California Missions Preservation Act. This leg- energy range—the ALS makes previously im- 1989, a fresh look was added to the front of islation, which would authorize $10 million to possible studies possible. the building. And most recently in 2001, new repair some of our Nation’s most important The light is directed along 27 different state of the art windows were installed to help historical landmarks, promises to allow future beamlines toward experimental workstations, reduce the noise created by the ever-widening generations to enjoy California’s unique cul- giving a wide range of researchers almost si- Old Keene Mill Road. tural heritage. multaneous access to the light source. This For the past 50 years Garfield has dem- From San Diego to Sonoma, the missions of extraordinary tool offers unprecedented oppor- onstrated great commitment to providing a California dot the Pacific coast with beauty tunities for state-of-the art research in mate- high-quality learning environment for the stu- and tradition. They were constructed in the rials science, biology, chemistry, physics, and dents of Springfield. By placing emphasis on 18th and early 19th centuries by the Spanish the environmental sciences. Ongoing research literacy, hands-on experience, critical thinking, government as a defense against Russians topics include the electronic structure of mat- cooperation, and cultural sensitivity, Garfield who, it was thought, desired to move south ter, protein crystallography, ozone photo- has exceeded all standards set by the Virginia from the Bering Straight. Spain hoped the set- chemistry, x-ray microscopy of biological sam- Department of Education. Today, Garfield em- tlements would solidify its political authority, as ples, and optics testing. braces a richly diverse cultural population and well as extend its religious values into the Since its inception in 1993, the ALS has is known statewide for its language arts pro- New World. been at the forefront of science. Among its gram. From humble beginnings, Garfield most Since the missions were built two hundred many accomplishments, it has helped reveal certainly has emerged as an exemplary ele- years ago, the Golden State has evolved from how bacteria resist antibiotics, how inexpen- mentary school. a sparsely populated frontier to the world’s sive and efficient solar cells can be fabricated, Mr. Speaker, in closing, I would like to con- technological epicenter. The missions still and how strange substances like quasicrystals gratulate Garfield Elementary School on their stand, however, as a source of pride and tra- possess properties never before seen. And 50th anniversary and wish them continued dition to all Californians. All 21 are California among the ALS’s many distinguished users is success for the future. I call upon my col- historical landmarks, and seven have national Roderick MacKinnon, a biophysicist who re- leagues to join me in applauding their dedica- landmark status. The missions are the State’s cently won the Nobel Prize in Chemistry tion to excellence in the field of education. most popular historic sites, attracting an esti- based in part on research conducted at ALS f mated 5.3 million sightseers last year. Some beamline 5.0.2. His prize-winning foray into 745,000 of these visitors are schoolchildren. the properties of ion channels in cell mem- IN MEMORY OF BARRY BERINGER, Mission visits are a valued part of California’s branes could lead to potential treatments for CHIEF COUNSEL FOR THE HOUSE fourth grade curriculum, as students build mis- diseases like cystic fibrosis, epilepsy, and COMMITTEE ON SCIENCE sion models and write research reports on this heart arrhythmia. colorful aspect of California’s history. In the future, the ALS will stay at the fore- HON. VERNON J. EHLERS Mr. Speaker, my colleagues will no doubt be front of science thanks to the dedicated staff OF MICHIGAN disappointed to learn that California’s missions at Lawrence Berkeley Laboratory and the IN THE HOUSE OF REPRESENTATIVES are in various states of decay and disrepair. At more than 1,200 scientists who each year Monday, October 20, 2003 San Gabriel Archangel, east of Los Angeles, a travel from around the world to conduct cutting termite-infested redwood beam crashed to the edge research. Mr. EHLERS. Mr. Speaker, I rise today in ground at the church’s main entrance last I ask my colleagues to join me in congratu- memory of Barry Beringer, chief counsel for year, forcing another five beams to be re- lating the dedicated employees at Lawrence the House Committee on Science, who moved as a safety precaution. The beautiful Berkeley Laboratory past and present who passed away 3 weeks ago. mission at San Miguel has cracks in its fac¸ade have worked so diligently to reap the full ben- Barry served the Science Committee for 14 that are large enough to fit several fingers. efits of one of the world’s great tools of years, under three different Chairmen. He had San Francisco’s famous Mission Dolores is science. an immense store of knowledge about the his- also slowly crumbling away. tory and jurisdiction of the Committee. He was f Mr. Speaker, the passage of the California an invaluable asset in guiding bills through the Missions Preservation Act, along with the sig- CELEBRATING THE 50TH ANNIVER- legislative process, which at times can be nificant fundraising efforts of the nonprofit Cali- SARY OF GARFIELD ELEMEN- cumbersome and confusing. I was always fornia Missions Foundation, will enable us to TARY SCHOOL confident that Barry’s thoughtful, careful work preserve our State’s historical legacy. I strong- on parliamentary procedures would result in ly encourage my colleagues to vote for its high-quality legislation and proper procedures. passage. HON. TOM DAVIS OF VIRGINIA Prior to joining the Science Committee, Mr. f IN THE HOUSE OF REPRESENTATIVES Beringer served as associate undersecretary for economic affairs in the U.S. Department of RECOGNIZING THE 10TH ANNIVER- Monday, October 20, 2003 SARY OF THE ADVANCED LIGHT Commerce. He was a graduate of Dickinson SOURCE RESEARCH CENTER Mr. TOM DAVIS of Virginia. Mr. Speaker, I College and active in the Arlington County Re- would like to honor the 50th anniversary of publican Committee. I will always remember Garfield Elementary School on October 16, Barry for his high ethical standards, and his HON. BARBARA LEE 2003. kind way of always putting others’ needs be- OF CALIFORNIA Garfield Elementary School, located in the fore his own. Mr. Beringer was a consummate IN THE HOUSE OF REPRESENTATIVES heart of Springfield, currently serves approxi- gentleman, always polite and considerate, and Monday, October 20, 2003 mately 335 students in kindergarten through had a wry, but always funny, sense of humor. Ms. LEE. Mr. Speaker, this Wednesday, Oc- sixth grade. In 1952, the Garfield School was I extend my heartfelt condolences to Barry’s tober 22, 2003, marks the 10th anniversary of established to meet the educational needs of wife, Bonnie, and their children Francis and

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.002 E20PT1 October 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2091 Katie. He will be missed by all of us who were to hear his laughter, or his quip in response. County Health Board. She has been a true privileged to work with him. We look to him to show us how to behave well leader within my Northwest Indiana community f in difficult situations, and have to rely instead by serving as an editor of the Chesterton Trib- on the memory of how he acted. But that une, as well as several other local community IN MEMORY OF BARRY BERINGER memory will be kept with us and will help us organizations. always. Before her dedicated work in government HON. SHERWOOD BOEHLERT Barry was, among so many other things, a service, Margaret was the founder of the Indi- OF NEW YORK devoted and model public servant. I know this ana Coalition Against Sexual Assault within IN THE HOUSE OF REPRESENTATIVES body will mourn his loss and feel his absence her community, which was the first support Monday, October 20, 2003 for years to come. group in Porter County. She has given her f time and efforts selflessly through many gen- Mr. BOEHLERT. Mr. Speaker, I want to erous avenues. She has also served on the draw attention today to Barry Beringer, who RECOGNIZING THE NEW PRESI- Chesterton Adult Learning Center Advisory served on the House Science Committee for DENT OF THE COLLEGE OF Board, the Porter County League of Women’s over a decade and was the Committee’s Chief DUPAGE Voters, as well as the Porter/LaPorte County Counsel for eight years. AIDS Task Force and the Duneland Sierra Tragically, Barry was taken from us on Sep- HON. HENRY J. HYDE Club. tember 29, after a courageous fight with pan- OF ILLINOIS Mr. Speaker, I have personally served as creatic cancer. Until the very end, Barry was IN THE HOUSE OF REPRESENTATIVES vice-chair of the Northeast-Midwest Congres- committed to the work of the Science Com- sional Coalition. The Institute and Coalition Monday, October 20, 2003 mittee. He remained intimately involved even provide many valuable information resources when he could not make it into the office. He Mr. HYDE. Mr. Speaker, I rise today to rec- to both Republicans and Democrats. They acted as a mentor to our associate counsel ognize Dr. Sunil Chand as the new President help to ensure that the region’s lawmakers ad- through frequent telephone conversations, and of the College of DuPage in Glen Ellyn, Illi- vance Great Lakes restoration, brownfield re- he always wanted to do more, even as he was nois. Dr. Chand, who began his new duties in development, as well as many other very im- struggling with the fatigue and other ordeals of July, is only the fourth president to serve at portant environmental issues. I ask that you his illness. the college since it opened its doors in 1967. and my other distinguished colleagues join Barry had an enormous impact on all of us Dr. Chand’s career includes teaching and with me in congratulating and applauding Mar- who worked with him on Capitol Hill—both as administrative leadership positions in India, his garet Willis for her sincere dedication and a chief counsel and as a person. Barry served homeland, and in England and the United guidance to not only the Northeast-Midwest In- as chief counsel under three Chairmen, and States. He earned his B.A. and M.A. in stitute, but for her lifetime of hard work and that was no accident. Everyone who knew English at St. Stephen’s College in Delhi, leadership to all members of her community. Barry knew that he could be relied upon for India, where he later taught English. He f sound and proper advice, that he did not earned his Doctorate of Literature at Kent shade his answers. We also knew that he State. OCTOBER SCHOOL OF THE MONTH knew the Committee history backwards and Dr. Chand held a variety of positions at Tri- forwards, that no one would have a better ton College in Illinois, including Dean of Arts HON. CAROLYN McCARTHY sense of how to make use of precedent. And, and Sciences. He also served as Vice Presi- OF NEW YORK above all, we knew that no one knew more dent of Academic Services at Richmond Col- IN THE HOUSE OF REPRESENTATIVES people on the Hill and had better relationships lege in London, England, before serving as Monday, October 20, 2003 with a wide variety of colleagues. Barry could Executive Vice President for Academic and draw upon these relationships for information, Student Affairs at Cuyahoga Community Col- Mrs. MCCARTHY of New York. Mr. Speak- for guidance, for assistance. In all his years on lege District in Cleveland, Ohio. From there, er, it’s with great pride that I announce McVey the Hill, Barry made only friends. he moved to his new position at the College Elementary School in the East Meadow Union The strengths Barry had as a colleague of DuPage. Free School District as School of the Month in grew out of the strengths he had as a person. Therefore, I take great pleasure in wel- the Fourth Congressional District for October He could draw upon so many friends on Cap- coming Dr. Chand to the Sixth Congressional 2003. itol Hill because of the warm and decent per- District of Illinois, and I wish him and the Col- The principal of McVey Elementary School son he was. Barry did not spend his time ‘‘net- lege of DuPage continued success. is Dr. Rita Meyerowitz, Ellen Waldron is the working’’ or building relationships for utilitarian f Assistant Principal, and the Superintendent of purposes. He had a network simply because Schools is Dr. Robert Dillon and its three As- everyone who dealt with him liked him. They TRIBUTE TO MRS. MARGARET sistant Superintendents are Leon Camp, Lou knew he was a caring person and a straight- WILLIS DeAngelo, and Lynn Manouvrier. McVey Ele- forward one. He treated everyone with re- mentary School has over 832 students in spect. That is all too rare around the Capitol, HON. PETER J. VISCLOSKY grades kindergarten through grade 5, with and many of the notes we have received OF INDIANA over 100 dedicated staff members. about Barry since his death pointed to his IN THE HOUSE OF REPRESENTATIVES McVey Elementary School recently com- basic friendliness and decency. pleted commemorative September 11 gar- But those of us who worked with him most Monday, October 20, 2003 dens, which is why, with their continued strong closely knew that there was far more to Barry Mr. VISCLOSKY. Mr. Speaker, I am pleased curriculum, I have chosen McVey as school of than just a pleasant congeniality. He was and honored to recognize the valuable serv- the month. Since 2001, the students have smart, funny, passionate, caring and kind. He ices of Mrs. Margaret Willis, as she retires as been taking part in the planting and caring for pursued his interests in politics and history a director of the Northeast-Midwest Institute. the gardens. The gardens were given names with fervor and good humor. For the past 9 years, Margaret has provided by the students and stones were engraved Yet there was nothing he cared about so commonsense leadership by arguing effec- with patriotic names. The gardens allowed the much as he cared about his family. He talked tively for policies that protect the environment opportunity for the students, and faculty, to re- often about his wife, Bonnie, and was as and provide valuable comfort and dignity for member the lost in their own way while con- proud (and worried) as any parent could be those who are less fortunate. She has also structing a memorial. Students gave much about how his son Francis and his daughter served as the Northwest-Midwest Institute’s time and dedication towards this project and Katie were faring. No one could know Barry treasurer and has been very active on several although some of the students have moved on without knowing about his family, and Fran committees of the organization. to middle school, the garden will be there as gave a moving eulogy for his father. Margaret Willis is from Chesterton, IN, and a reminder of their work and more importantly Barry’s loss will be hardest, of course, on has formerly served as both a member of the as a tribute to those who lost their lives. his family. But those of us who worked with Porter County Council, as well as a board The learning begins in Kindergarten. McVey him all these years will also always have him member and officer of the Northern Indiana Elementary School has an activity called in our minds and hearts. We still look for Barry Commuter Transportation District. While serv- ‘‘Dino-dig.’’ This allows the students to learn when we have a question, and are caught up ing as a Democrat County Council member, about the history of dinosaurs and fossils short by his absence. We tell a joke and wait Margaret was also a liaison to the Porter while having fun. Education is about learning

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.005 E20PT1 E2092 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2003 but if children are enjoying themselves while in told the United Nations and other countries Sandelin, for his outstanding contributions to the classroom the participation and retention that they were either with us or against us. the practice of osteopathic medicine, the Os- levels will be higher. McVey understands this Unfortunately, when one country decides to go teopathic Health System of Texas/Osteopathic and practices it for all grades. it alone as the President did with Iraq, Amer- Medical Center of Texas, and to the citizens of Following the school motto, ‘‘McVey all the ican soldiers fight alone, die alone and the Fort Worth, Texas. Jay Sandelin not only ex- way’’, the Parent Teachers Association (PTA) American taxpayers pay for it alone. There was a great deal of national support emplifies great leadership in his professional will be hosting a blood drive. The school is out life, but has also shown leadership by being a in front of the cause to help solve Long Is- at the start of the war with Iraq because the current or past member of at least seventeen land’s blood shortage and hopefully other American public was told the operation would civic, trade, philanthropic, cultural, and busi- Long Island schools will follow their lead. be short and that reconstruction would be fi- Mr. Speaker, the faculty and students, of nanced with revenue generated from the oil in ness groups. McVey, along with the community, have cre- Iraq. In fact, Deputy Defense Secretary Paul In 1989, Jay Sandelin was elected Chair- ated a wonderful learning environment. I am Wolfowitz told congressional committees that man of the Board of Health Care of Texas, proud to name McVey Elementary School the American soldiers could be out of Iraq within which comprises both the Osteopathic Health school of the month for October 2003. 30–60 days and the vast revenue from the oil System of Texas and the Osteopathic Medical in Iraq could pay for the entire reconstruction f Center of Texas. During his time as Chairman of Iraq. The administration is now estimating EMERGENCY SUPPLEMENTAL AP- that we could be in Iraq for the next five years of the Board, Mr. Sandelin helped influence PROPRIATIONS ACT FOR DE- and with this supplemental today, the Amer- the transition of Texas College of Osteopathic FENSE AND FOR THE RECON- ican taxpayers will have already spent be- Medicine from a private institution to a state STRUCTION OF IRAQ AND AF- tween $150–$200 billion. medical school, which has evolved into the GHANISTAN, 2004 Congress has already provided $103 billion University of North Texas Health Science Cen- in defense funding, over and above regular ter. Previous to his work as Chairman of the SPEECH OF defense appropriations, for military operations Board, Mr. Sandelin served for many years on HON. JERRY F. COSTELLO in Afghanistan, for homeland defense, and, the boards of various osteopathic organiza- most recently in April’s Emergency Wartime OF ILLINOIS tions in the course of a distinguished career in Supplemental appropriations bill for the war in IN THE HOUSE OF REPRESENTATIVES the financial services industry. Iraq. The deficit is growing to new highs and Friday, October 17, 2003 the government cannot keep spending at this Mr. Sandelin’s leadership has been vital in The House in Committee of the Whole rate. raising the profile of the osteopathic medical House on the State of the Union had under Since coming to Congress, I have consist- profession and its philosophy to a greater level consideration the bill (H.R. 3289) making ently and strongly supported our troops and of awareness and acceptance in North Texas emergency supplemental appropriations for national defense spending. I am extremely and throughout the Nation. Because of his defense and for the reconstruction of Iraq proud of our servicemen and woman that have work, today I want to congratulate Jay and Afghanistan for the fiscal year ending sacrificed so much in Iraq and elsewhere Sandelin on an outstanding career and wish September 30, 2004, and for other purposes: around the world. I am very concerned about him well in his retirement. Mr. COSTELLO. Mr. Chairman, I rise today the safety of our troops, who are serving long in strong opposition to the process being used tours in tough conditions. Our men and f by the Republican Leadership to bring the women in uniform and their families are going Supplemental Appropriations bill before the well beyond the call of duty. IN RECOGNITION OF THE 2003 It is disgraceful that the Bush Administration House. NATIONAL LEAGUE CHAMPIONS This process denies members from having and my Republican colleagues would tie fund- the opportunity to consider or vote on the ing for our military with controversial and un- Obey substitute or to have two separate votes: accounted reconstruction funding. It is impor- HON. E. CLAY SHAW, JR. one to provide the funds for our troops and tant to note that the nonpartisan Congres- the other to fund the reconstruction of Iraq. sional Research Service contradicts the ad- OF FLORIDA Each Member of this body strongly supports ministration’s position that the $67 billion for IN THE HOUSE OF REPRESENTATIVES our troops and will provide the necessary the military is needed immediately. According money, supplies, and equipment to ensure to the study, the Army could finance oper- Monday, October 20, 2003 their safety. However, the President and the ations through next April or May with the Mr. SHAW. Mr. Speaker, I rise today in rec- Republican Leadership has tied funding for money already appropriated. ognition of Major League Baseball’s 2003 Na- our troops to funding for Iraq reconstruction. Mr. Chairman, I cannot in good conscience They know that tying the reconstruction money support giving this President or any president tional League Champions, the Florida Marlins. with the money for our troops makes it very a blank check with little or no accountability. Earning the reputation of a team that does not Therefore, I ask my colleagues to join me and difficult to vote no on this $87 billion package. quit or tire, the Marlins will now compete in reject the $86.9 billion Supplemental Appro- This puts me and other members in a position their second World Series in only 10 short priations bill and send it back to the committee to either vote for the entire package, which in- years. Down 3 games to 1 to the San Fran- with instructions to immediately bring the bill cisco Giants, the Marlins fought their way back cludes giving the President a blank check with back to the floor as two separate bills today: earning two thrilling victories at home to the little accountability for spending or risk having one that provides funding for our troops, which them accuse those who vote against the pack- would pass unanimously, and one that would delight of thousands of South Florida fans. age as being unpatriotic or not supporting our provide for reconstruction. We should let the Many will never forget Game 4 of the National troops. Both charges are not only false but decision concerning money for reconstruction League Division Series where the Giants and also outrageous. and who will profit from it stand on its own Marlins battled back and forth to finally con- I voted against the resolution to give the merits. clude on a spectacular play at home plate. President the authority to send our troops to f Thanks to the solid hands of catcher Ivan war in Iraq. I did so because I believed that al- HONORING THE WORK AND ‘‘Pudge’’ Rodriquez, the Marlins were on their lowing the weapons inspectors to continue to way to face the Chicago Cubs in the National do their job in Iraq would cost us nothing and DEDICATION OF JAY SANDELIN League Championship Series. would give us more time to attempt to bring the United Nations on board. The President HON. KAY GRANGER The National League Championship Series should have assembled an international coali- OF TEXAS garnered the excitement and thrill baseball tion similar to the coalition that his father put IN THE HOUSE OF REPRESENTATIVES fans have not witnessed in some time. Playing together to undertake Desert Shield and Monday, October 20, 2003 in famed Wrigley Field, the Marlins took Game Desert Storm in 1990–1991. However, this Ms. GRANGER. Mr. Speaker, today I rise to 1 and headed home to the friendly confines of President instead decided to go it alone and recognize and honor a good friend, Jay Pro Player Stadium with a split in the series.

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.009 E20PT1 October 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2093 Games 3 and 4 went the way of the Cubs re- this prestigious award. On behalf of the people many, many years in the future, severely im- sulting in a 3 to 1 deficit that looked monu- of Virginia’s 10th Congressional District and pacting the owners’ already modest cash flow. mental to overcome. However, under the lead- the Leesburg community, I congratulate Frank My bill would provide a narrow exception to ership of Manager Jack McKeon and behind for his outstanding contributions to the com- small (80 percent owned by no more than 5 the arm of pitcher Josh Beckett, the Marlins munity. people) and family timber owners. The bill and Beckett gave baseball fans an exciting f would provide an exception for these tax- two-hit, complete game shutout sending the payers performing fewer than 100 hours or in series back to Chicago. Down 3 games to 2, EMERGENCY SUPPLEMENTAL AP- the instance when the owners manage a third the Marlin players were never swayed from PROPRIATIONS ACT FOR DE- party to perform the needed services. their sheer competitive spirit and gamesman- FENSE AND FOR THE RECON- We must create a self-sustaining resource ship. With the undaunting task of facing Cubs STRUCTION OF IRAQ AND AF- of trees to ensure raw materials for paper ace Mark Prior, the Marlins battled the Cubs GHANISTAN, 2004 products as well as to provide a continuing the entire game. However, with one out in the supply of reasonably affordable building mate- top of the eighth inning, a World Series berth SPEECH OF rials for consumers. And it is increasingly obvi- seemed out of reach. Throughout the 2003 HON. CAROLYN C. KILPATRICK ous that our most reliable source will be the regular season and the postseason to date, millions of acres of privately owned OF RHODE ISLAND the Marlins have fought back when trailing an forestlands. Timber farming is a long-term, IN THE HOUSE OF REPRESENTATIVES opposing team. Game 6 was no different. In a high-risk venture, subject to the uncertainties span of 10 minutes, the Marlins had turned Friday, October 17, 2003 of disease, fire and a highly unpredictable Game 6 from being down 3–0, to leading 8– The House in Committee of the Whole marketplace. My bill will ensure that small tim- 3 due to the solid hitting of men like Juan House on the State of the Union had under ber holders continue to be a viable part of this Pierre, Pudge Rodriquez, Miguel Cabrera, Jeff consideration the bill (H.R. 3289) making essential industry. Conine, Derek Lee, and utility fielder Mike emergency supplemental appropriations for f defense and for the reconstruction of Iraq Mordecai. The thrilling series was now dead- EMERGENCY SUPPLEMENTAL AP- locked 3 games apiece. and Afghanistan for the fiscal year ending September 30, 2004, and for other purposes: PROPRIATIONS ACT FOR DE- Last night’s Game 7 is every fan’s FENSE AND FOR THE RECON- postseason dream. Two teams tied and play- Ms. KILPATRICK. Mr. Chairman, I rise for the purpose of responding to the comments of STRUCTION OF IRAQ AND AF- ing with everything on the line with the chance GHANISTAN, 2004 of being crowned National League Champions the gentleman from Pennsylvania, Congress- and a trip to the fall classic. As we all know, man MURTHA. As the gentleman from Pennsyl- SPEECH OF the Marlins came out swinging against Cubs vania knows, I am interested in seeing that star pitcher Kerry Wood. Despite losing a lead, Army Air Force Exchange Service obtains HON. JOHN P. MURTHA the Marlins continued their case of consistent adequate funding, so it can recover some of OF PENNSYLVANIA and timely hitting. In the end, the Marlins once the losses it has incurred in supporting our IN THE HOUSE OF REPRESENTATIVES again shocked the baseball world. troops in immediate combat areas. It is my un- Friday, October 17, 2003 Mr. Speaker, this Marlins fan congratulates derstanding that the Committee intends to al- The House in Committee of the Whole Chairman and CEO Jeffrey Loria, Skipper locate $30 million of the funds allocated to the House on the State of the Union had under Jack McKeon, the Marlins coaching staff, MVP Army Operations and Maintenance account to consideration the bill (H.R. 3289) making Pudge Rodriguez, each player and the entire the Amy Air Force Exchange Service, but I un- emergency supplemental appropriations for Marlins organization and fans on a wonderful derstand the needs of the AAFES is $40.5 mil- defense and for the reconstruction of Iraq National League Series and much luck in the lion. and Afghanistan for the fiscal year ending September 30, 2004, and for other purposes: World Series. I was considering offering an amendment to Mr. MURTHA. Mr. Chairman, I want to re- f increase the amount for AAFES by $10.5 mil- lion. However, it is my understanding that the spond to the concerns shared by the gentle FRANK RAFLO, HONORED BY Defense Appropriations Subcommittee shares lady from Michigan, Ms. KILPATRICK, and as- KIWANIS INTERNATIONAL my concern in this area and is willing to ad- sure her that we do share her concerns. We dress the funding shortfall when we prepare agree that the AAFES and the other ex- HON. FRANK R. WOLF an Omnibus Appropriations bill. changes should be reimbursed for extraor- OF VIRGINIA dinary costs serving in forward deployed f IN THE HOUSE OF REPRESENTATIVES areas. As the gentlelady knows, the Exchange Monday, October 20, 2003 A BILL TO MODIFY THE APPLICA- Service is a nonappropriated fund activity. But TION OF THE PASSIVE LOSS there have been times when Congress has Mr. WOLF. Mr. Speaker, it is my pleasure LIMITATIONS TO TIMBER AC- had to appropriate funds to help the exchange today to recognize my constituent Mr. Frank TIVITIES services with extraordinary costs for sup- Raflo, of Leesburg, VA, upon his receipt of porting our troops in immediate combat areas. ‘‘The Hixon Award,’’ the highest award pre- HON. WALLY HERGER This is one of those times. We agree that we sented by Kiwanis International. need to do more to help the Exchange Serv- Frank, referenced fondly by friends and as- OF CALIFORNIA ices so our troops can have access to items sociates as ‘‘Mr. Leesburg,’’ has earned the IN THE HOUSE OF REPRESENTATIVES we consider basic necessities here at home. admiration of many for his tireless efforts on Monday, October 20, 2003 We think we can take a look at this issue behalf of the community. Frank served Lees- when we begin serious negotiations on an burg as mayor, county supervisor and chair- Mr. HERGER. Mr. Speaker, I am introducing Onmibus Appropriations bill. man of the Loudoun County Board of Super- legislation today to help small and family visors. Now in his early eighties he remains owned timber owners comply with the passive f active on the Governor’s Council of Virginia activity rules as set out in the Internal Rev- HONORING MICHAEL BRADY Towns and writes his weekly column ‘‘Just enue Code and the Treasury Department reg- Being Frank,’’ for the Leesburg Today news- ulations. The current rules require a taxpayer owning timber to devote at least 500 hours per HON. TIMOTHY H. BISHOP paper. OF NEW YORK year to the tree growing business or 100 In 1957, Frank and some associates found- IN THE HOUSE OF REPRESENTATIVES ed the Leesburg Kiwanis Club and soon after hours of personal work under an unpredictable Monday, October 20, 2003 instituted the Leesburg Halloween Parade, ‘‘facts and circumstances’’ test. said to be the largest of its kind east of the While the typical small grower assumes Mr. BISHOP of New York. Mr. Speaker, I Mississippi River. huge risk from pests, fire and wind and costs rise today to honor Michael Brady, a dedicated No recognition of Frank’s contributions to such as local property taxes, clearing and pest and noteworthy humanitarian, who was a com- the Leesburg community would be complete control, he or she would be hard pressed to mitted public servant to his community of without mention of his wife Frances, a source devote even 100 hours a year to working in Smithtown, Long Island. On August 28, 2003, of inspiration and encouragement. the forest. With little or no income in the years Mike lost his battle with cancer, and left be- I am proud to call attention to the achieve- between harvests, small timber owners’ ex- hind a legacy of caring for the youth of his ments of Frank Raflo as he is honored with penditures become passive losses deductible community.

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.013 E20PT1 E2094 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2003 Mike Brady bravely served our country in Rush Elementary School was founded in supply anything and everything to support and the Vietnam War from 1962 to 1967 as a 1953 and it only consisted of four classrooms ensure the safety and success of our troops. Navy Machinist mate 3rd Class on the USS in two temporary buildings with combined They represent the best this country has to Long Beach. Upon his return to New York, he grade levels. The existing building opened on offer, and their sacrifices should never be became an active member of the Vietnam Vet- December 19, 1957. Mrs. Maggie Hammer taken lightly or for granted. As commander in erans of America. served as the head teacher of the four teacher chief, the president committed them to this Mike Brady displayed an overwhelming con- staff. In 1959 twelve classrooms were added, war, and now we must provide them with all cern for children that showed through his followed by a new gymnasium and an air-con- the resources and support they need. I sup- many actions. He was a co-founder of the ditioning system in 1989, as well as technical port every penny of this request that supports Smithtown Veterans Youth Program. This val- upgrades to support a new computer system. our troops. And in addition to supporting them uable program provides the youth of Rush currently enrolls 580 students. this week, we must also remember to fully Smithtown and the surrounding communities a Today, as we celebrate the 50th anniversary support and fund the veterans programs that safe place to go every weeknight of their sum- of Rush Elementary School in Lubbock, they will rely on in the future. mer vacation to enjoy friendship and fun. This Texas, I thank them for their service to the The Administration is asking us to support a program has been used as a nationwide area. I am proud to join the citizens of Lub- request for reconstruction in Iraq of 18.6 billion model by veteran’s organizations in an effort bock, and others who have benefited from the dollars that, according to Ambassador L. Paul to fight drugs and keep America’s youth drug- elementary school, in extending my deepest Bremer (administrator of the Coalition Provi- free. thanks and appreciation for all of their hard sional Authority), is probably just the down Mike also worked with children as a little work. Our community would not be the same payment. Bremer has indicated that recon- league coach. His patience and commitment without the unparalleled contributions of the struction costs alone may top 60 to 70 billion to children made a difference in the lives of so school and its dedicated faculty and staff. dollars. many. The ancient saying that ‘‘it takes a vil- f This bill would provide 5.7 billion dollars to lage to raise a child’’ was one that Mike un- rehabilitate Iraq’s electric power infrastructure. derstood and embraced. EMERGENCY SUPPLEMENTAL AP- In my district, which includes the city of El Mike Brady is described by his family and PROPRIATIONS ACT FOR DE- Paso, and in other districts on the U.S.-Mexi- friends as a simple, caring person, who con- FENSE AND FOR THE RECON- can border, hundreds of thousands of our own stantly gave back to the community with his STRUCTION OF IRAQ AND AF- citizens don’t have electricity. Never mind that service and dedication to every person he GHANISTAN, 2004 a failure in our own power grid caused a huge met. These admirable characteristics led Mike blackout in the Northeast recently, and that Brady to be honored as a recipient of the SPEECH OF Hurricane Isabel left hundreds of thousands in Chapel of Four Chaplains Humanitarian HON. SILVESTRE REYES the dark, while many of my colleagues were Award. He joins recipients such as Bob Hope OF TEXAS told by Federal disaster relief agencies that and Ronald Reagan who received the award IN THE HOUSE OF REPRESENTATIVES they don’t have the funds to help. with the purpose of recognizing the service that a veteran provides to their comniunity Friday, October 17, 2003 Also included in this bill is 793 million dol- above and beyond the call of duty. The House in Committee of the Whole lars for health care programs and upgrades to Some people come into our lives and leave House on the State of the Union had under hospitals and clinics. El Paso, a city of without a trace. Some stay for awhile and re- consideration the bill (H.R. 3289) making 700,000, is in desperate need of affordable main close to our hearts. And we are never, emergency supplemental appropriations for health services and is in the midst of a health ever the same. Mike Brady has left his mark defense and for the reconstruction of Iraq care crisis caused by severe budget cutbacks on the Smithtown Community and he will be and Afghanistan for the fiscal year ending at the State and Federal levels. September 30, 2004, and for other purposes. missed. This bill includes 4.3 billion dollars to ex- Mr. REYES. Mr. Chairman, tomorrow we will f pand access to safe drinking water and im- vote on spending 86.9 billion dollars of Amer- prove sanitation. Hundreds of thousands of HONORING RUSH ELEMENTARY ON ican taxpayers’ hard-earned money on our on- people along our Nation’s border don’t have THEIR 50TH ANNIVERSARY going military operations and reconstruction in safe drinking water or sanitation services. In Iraq and Afghanistan. fact, nearly 5,000 households in the El Paso HON. RANDY NEUGEBAUER This massive request for supplemental area lack complete plumbing. funds to pay for our activities in Iraq and Af- OF TEXAS This supplemental includes another 500 mil- ghanistan brings home—to the pocketbooks of IN THE HOUSE OF REPRESENTATIVES lion dollars for transportation and tele- every American taxpayer—the cost of our in- Monday, October 20, 2003 communications projects in Iraq. Meanwhile, volvement in these countries. more than 10,000 households in the El Paso Mr. NEUGEBAUER. Mr. Speaker, it gives If this bill passes tomorrow, we will have area have no telephone service available for me great pleasure to rise today to celebrate spent a total of 175 billion dollars on Iraq and their use. Rush Elementary th School in Lubbock, Afghanistan—38 billion dollars more than we Texas’ 50th anniversary, which will occur on are spending for Federal health, education Mr. Speaker, there are those in the Adminis- October 24th. Rush Elementary has played an and labor programs here at home. And 47 bil- tration who talk about our ‘‘responsibility’’ to intergral role in developin gand nurturing lion dollars more than we are spending for our provide these services to rebuild Iraq when we young students in West Texas for half a cen- veterans, housing, economic development, along the border are constantly told there is tury. The faculty’s contributions to the lives of NASA, environmental protection and scientific not enough money to assist in the develop- young people have strengthened the founda- research here at home. ment of these services here at home. What tion of the community and continue to be an I am not going to argue about our activities about the responsibility to our own citizens in invaluable resource. in Afghanistan—they are wholly appropriate our own country? The school strives to continue the spirit of and necessary in order to dismantle the Al- This Administration comes to us and the connnunity service that was characteristic of Qaeda terrorist network. American people expecting to receive a blank George A. Rush, the school’s namesake. Mr. However, Iraq is different. check with no questions asked. It seems to Rush was a pioneering citizen who helped lay We have gotten ourselves into a situation in think the tragedy of Sept. 11, 2001, can be the foundation on which Lubbock was built. Iraq that is both dangerous to our troops and used to ramrod anything and everything. It Mr. Rush served on the first Lubbock City critically important to our worldwide leadership acts as though it is unpatriotic to ask for jus- Council and originally owned the 9.5 acres of duties and responsibilities. The situation is tification and accountability. Mr. Speaker, it is land where the school is now built. By empha- now so serious that, to me, it is less important not unpatriotic to ask for justification and ac- sizing community outreach, the facility has fos- that we arrived at this point by serious mis- countability for the taxpayers’ money—it is one tered in its students a spirit of serving others calculation, perhaps manipulation and half- of the most patriotic actions a member of this with dedication. We have been especially for- truths, than to understand that ‘‘failure is not body can take. tunate in my home, that my wife, Dana, at- an option.’’ The request for funds to rebuild Iraq is bun- tended Rush. Senate Majority Leader BILL We have the most professional, most dedi- dled together in this bill with the money essen- FRIST’s wife Karyn, also benefited from attend- cated, best-trained and best-equipped military tial to support our troops. At the same time ing Rush during her elementary years. in the world. It is absolutely necessary that we that their sons and daughters are being

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.018 E20PT1 October 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2095 wounded and killed in Iraq, the American peo- Pennsylvania who will be honored at the An- Frankie’s calling was helping people when ple are being asked to pay the bill for pro- cient Order of Hibernians National President’s they most needed it—at the end of their lives, grams and projects in Iraq that are des- Dinner Saturday, October 25, 2003 at King’s when they were suffering from pain and the perately needed here. College in Wilkes-Barre. knowledge that there was no hope for a cure I intend to support this flawed supplemental I am proud to say that Mr. McGinley is the for their illness. Their only hope was that request, but only because the safety of our first National President of the Ancient Order of someone would care; that someone could brave men and women in uniform depends on Hibernians who is from Northeastern Pennsyl- somehow ease the pain; that someone would it. vania. Mr. McGinley earned this honor through understand. f his 25 years of leadership in the Ancient Order Many of us, too many of us, know the an- of the Hibernians, where he has served on its guish of losing a friend or a loved one to a RECOGNIZING AND HONORING National Board as Director and National Orga- fatal illness. To us, but moreover to those who AMERICA’S JEWISH COMMUNITY nizer. are ill and suffering, people like Frankie are ON ITS 350TH ANNIVERSARY, The Ancient Order of Hibernians is the old- truly angels of mercy sent by God. From kind- AND SUPPORTING THE DESIGNA- est and largest Irish-Catholic organization in ness, compassion and companionship to man- TION OF AMERICAN JEWISH HIS- the United States. It was founded in New York aging pain and sickness with needed medi- TORY MONTH with its roots in Northeastern Pennsylvania cines, to helping families prepare both emo- around 1836. tionally and financially for what was to come, SPEECH OF Mr. McGinley has proved that he is a strong Frankie saw the enormous need and made all HON. ALCEE L. HASTINGS leader and is involved in a variety of activities these things possible. OF FLORIDA in the community. Mr. McGinley is a graduate From its humble beginnings a generation IN THE HOUSE OF REPRESENTATIVES of Wilkes College in Wilkes-Barre and worked ago, the Windber Hospice Program has as an educator there for over 30 years. He reached impressive milestones. It has grown Wednesday, October 15, 2003 created a Division III wrestling program at enormously and now serves a large portion of Mr. HASTINGS of Florida. Mr. Speaker, I King’s College and was inducted into the Divi- Southwestern Pennsylvania, to include six rise today in support of H. Con. Res. 106, a sion III Wrestling Hall of Fame. counties. Its impact reaches much farther, concurrent resolution that recognizes the Mr. Speaker, it is a privilege and honor to however. Because it inspired the establish- 350th anniversary of Jewish life in the United represent a man who has displayed a lifetime ment of numerous similar programs, it serves States. The resolution encourages all Ameri- leadership role in serving his community. I ask as a powerful example of just how much one cans to celebrate September 2004 as Amer- that my colleagues pay tribute to Ned person can truly make a difference in the lives ican Jewish History Month. McGinley as he receives this well deserved of so many. I am proud to represent notable Jewish honor. In 1981, the Windber Palliative Care Unit American artists, musicians, doctors, spiritual f was opened, a direct result of the establish- leaders, entrepreneurs, lawyers, inventors, ment of the hospice program Frankie and Earl and authors that reside in South Florida. I HONORING FRANCES ‘‘FRANKIE’’ started. Its newest facility was just dedicated wish to celebrate and honor 350 years of Jew- BOCK FOR 28 YEARS OF VOL- in 2000. Presently, the program boasts 90 vol- ish life in America with my Jewish friends, UNTEERISM unteers serving in the Palliative Care Unit, and, through this resolution, commemorate Home Care, Bereavement, and Pastoral Care. this landmark event with the Jewish commu- HON. JOHN P. MURTHA No one is denied services due to the lack of nity nationwide. OF PENNSYLVANIA insurance or the inability to pay. Mr. Speaker, the success of the American IN THE HOUSE OF REPRESENTATIVES After more than 25 years and the recent Jewish community is testament to the basic Monday, October 20, 2003 passing of her dear friend and hospice co- American rights to liberty, opportunity, and in- founder Dr. Shope, Frankie continues to train clusion. These men and women of Jewish de- Mr. MURTHA. Mr. Speaker, I rise before my hospice volunteers and touch the lives of hun- scent have substantially transformed the Na- colleagues today to honor a very special lady dreds of terminally ill patients, providing per- tion and its communities. from the 12th Congressional District of Penn- sonal care to the dying and loving comfort to American Jewish culture has played a crit- sylvania, Frankie Bock. With her visionary their families. She also volunteers her ‘‘spare’’ ical role in the multi-dimensional evolution of ideas and tireless work, she has touched the time to help further the cause of Children’s this country. In part because of Judaism’s em- lives of countless people with her compassion Hospice International. Frankie and the volun- phasis on social justice and in part because of and dedicated service to the terminally ill and teers at Windber Hospice hosted CHI’s 14th Jews’ experience as a marginalized minority, their families in Southwestern Pennsylvania. World Congress in Johnstown recently. It was Jews led many of the protest and social jus- Caring for others is not just a concept to attended by 150 health care providers from tice movements of the 1960s and 1970s. In Frankie Bock; it has been a way of life for around the world. turn, Judaism continues to respond to over 60 years. With three younger siblings and Few would argue that Frankie sets the changes in American culture; feminism, fragile parents who depended on her, 10-year- standard for volunteerism and community environmentalism, and other social move- old Frankie was indoctrinated into care giving service. Her name is familiar to many families ments have influenced how many Jews prac- as a means of family survival. Eventually, as in the area because so many of them at one tice their religion. a young mother of six children of her own, time or another have had a loved one in the The story of Jews in America is also the Frankie somehow found time to become in- program. I felt her name should be heard here story of America itself. Thus, it is only fitting volved with Cub Scouts and also began teach- in Congress as well, because she embodies that this Congress recognize the enormous ing Sunday School at the First Lutheran the best the American spirit has to offer. contributions of the American Jewish Commu- Church. She would continue teaching for 35 Frankie, I cannot think of twenty-eight years nity to our Nation by designating an American years, while also serving in the Church’s Be- better spent. Thank you, Frankie, for your Jewish History Month. reavement Ministry. Volunteerism not only be- amazing work on behalf of dying patients and f came a way of life for her, but would lead her their families. to her true calling, hospice care. f CONGRATULATING NED MCGINLEY In 1977, Frankie Bock saw a need and set FOR BEING HONORED AT THE out to fill it. She joined forces with Dr. Earl TRIBUTE TO GERALD LOSEY IN ANCIENT ORDER OF HIBERNIANS Shope, who had been providing hospice care APPRECIATION FOR HIS DEDI- NATIONAL PRESIDENT’S DINNER on his own, visiting patients at their homes to CATED SERVICE TO HIS COMMU- comfort them. Together, they established Lau- NITY HON. PAUL E. KANJORSKI rel Highland Hospice of Pennsylvania. The OF PENNSYLVANIA hospice movement worldwide was in its in- HON. BART STUPAK IN THE HOUSE OF REPRESENTATIVES fancy at the time, but it was a natural transi- OF MICHIGAN tion for Frankie. Laurel Highland Hospice was IN THE HOUSE OF REPRESENTATIVES Monday, October 20, 2003 the first rural hospice in the United States and Mr. KANJORSKI. Mr. Speaker, I rise today the first formal hospice in Pennsylvania. Its Monday, October 20, 2003 to call the attention of the House of Rep- name was changed to Windber Hospice after Mr. STUPAK. Mr. Speaker, I rise today to resentatives to Ned McGinley of Wilkes-Barre, it was given a home by the Windber Hospital. congratulate and acknowledge Gerald Losey,

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.021 E20PT1 E2096 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2003 of Crystal Falls, Michigan for decades of de- HONORING RODERICK MACKINNON complishments in the field of biophysics, and voted and effective service to his community. ON HIS RECEIPT OF THE 2003 his receipt of the 2003 Nobel prize in Chem- Jerry is one of those people who saw the NOBEL PRIZE IN CHEMISTRY istry. Dr. MacKinnon’s work represents a sig- light and migrated up to Iron County in 1983, nificant contribution to medical research, and offers great potential to finding cures to many after making his mark near Flint through years HON. TIMOTHY H. BISHOP of the world’s most devastating diseases. I am of hard work as a political organizer and OF NEW YORK very proud that Dr. MacKinnon is associated Democratic campaign worker. He was chair- IN THE HOUSE OF REPRESENTATIVES with Brookhaven National Laboratory, an insti- Monday, October 20, 2003 man of the Political Action Committee of the tution that has produced five Nobel Prize re- United Autoworkers Local 651 in Flint at AC Mr. BISHOP of New York. Mr. Speaker, I cipients since its founding, and I applaud him Delco. He also served during this time as al- rise today to honor Dr. Roderick MacKinnon for his many contributions to science and the ternate committeeman, district committeeman on his receipt of the 2003 Nobel Prize in medical profession. and shop committeeman for Local 651. chemistry for his research on the biophysics of f Jerry served the DORT Federal Credit cells, which revealed the intricate process of HONORING DEACON WALTER GRAY Union at AC Delco as a member of its board electrical signaling in human beings and other of directors, as chairman of the credit com- living organisms. Dr. MacKinnon conducted mittee and as chairman of its building com- much of this research at the National Synchro- HON. CHARLES W. ‘‘CHIP’’ PICKERING mittee. tron Light Source at Brookhaven National Lab- OF MISSISSIPPI oratory, a federal scientific research institution IN THE HOUSE OF REPRESENTATIVES In 1960, Jerry was actively involved in John that is located within the First Congressional Monday, October 20, 2003 F. Kennedy’s campaign for President in Gen- District of New York. His work has the poten- esee County and helped organize an ex- Mr. PICKERING. Mr. Speaker, I rise today tial to enhance the lives of millions, as it has to pay tribute to Deacon Walter Gray, affec- tremely successful Democratic rally for JFK at contributed to a deeper understanding of such the Atwood Stadium in Flint. tionately known as Walter, a constituent of diseases as cystic fibrosis and heart arrhyth- mine from the Norris-High Hill community in Aside from his union contributions, in the mias, which will likely lead to more effective Scott County, Mississippi, who died on Sep- early 1960’s Jerry organized the Vienna Town- ways of treating these devastating illnesses. tember 13, 2003. Walter was 81 years of age, ship Democratic Club in the Flint area. His Dr. MacKinnon’s research focused on the and a World War 11 veteran. guidance of its grass roots activities resulted study of ion channels, the pores through which Walter was born and raised in Scott County, in the defeat of all but one of the long-stand- vital materials—potassium, chloride, calcium and before adulthood was an active leader in ing Republican office holders in Vienna Town- and sodium ions—enter or leave the cells of his community. God, Family, and Friends, in ship. the body. In 1998, Dr. MacKinnon was the first that order, were his priorities. He instilled to determine the structure of an ion channel these priorities in his family and community. In the early 1980’s, when Jerry learned that and, through a process called crystallography, The Landing supper club in Crystal Falls, He was a trustee and the treasurer of the produced exceptionally detailed portraits of the Green Grove United Methodist Church, and Michigan was for sale, he bought it and began potassium ion structure. These high resolution was thoroughly respected by church members his journey to becoming a respected business- ‘‘snapshots’’ not only revealed the basic struc- and parishioners. He set a peerless example man and fixture in Iron County community life. ture of an ion channel, but also the process by in the way he conducted his own life. Jerry hosted many receptions for candidates which ions are expelled or admitted by cells. Aside from his church, and being an em- and dinners for the Iron County Democratic This process, electrical signaling, involves the ployee of Forest County, Walter loved basket- Party at The Landing over the years until he rapid fire opening and closing of the channels ball and particularly enjoyed cheering his sold the restaurant in December, 2000. to release ions and move electrical impulses grandson, Greg Carter, playing for the Forest It was also during this time that Jerry met from the brain in a wave to their destination in High School Bearcats and the Mississippi his lovely wife, Shelly, who is a happy part of the body. Dr. MacKinnon’s research deter- State Bulldogs. When either of these two his life today. mined the specific conditions that control teams were playing during Greg’s time as a whether ion channels are opened or closed, a After coming to Iron County, Jerry eventu- player, you could always count on Walter’s process that puzzled researchers for over 50 ally embarked on a campaign of his own and presence. One of the highlights of his life was years. was elected to the Iron County Board of Com- seeing Greg attain a basketball scholarship at The discoveries made through Dr. missioners. He served with distinction from Mississippi State University, graduating and MacKinnon’s work offers researchers a re- 1990 through 1992, acting as vice chairman of being named to the All SEC Team. Because newed potential for understanding and curing he loved to talk about his church, his grand- the board and chair of its law enforcement illnesses derived from defective ion channels. committee. children, basketball, and Mississippi State Uni- Such diseases, many of which affect the kid- versity, anyone could always generate a good During his tenure as a County Commis- neys, heart, muscles, and nervous system, conversation with Walter. sioner, Jerry served a number of community cause ion channels to interfere with proper In his funeral eulogy his pastor found it dif- organizations, including the Dickinson-Iron electrical signaling and can be fatal. Dr. ficult to find enough adjectives to describe the District Health Department, the Iron County MacKinnon’s findings have refined the medical high esteem the community held for Walter, Department of Social Services, the Iron Coun- community’s understanding of how ion chan- and how sorely he was going to be missed by ty Community Hospital and the Iron County nels slam shut or remain open and other crit- his family, friends, his county, and Mississippi. Rodeo Committee. ical bodily functions. This discovery offers im- He stood, as a stout oak, as mentor and role He has also been president of the Iron portant insight into the future development of model for his children Lenal, James, Bobbye County Trailblazers and actively participated in drugs to control channels more precisely, and Carter, Lois Briskey and eleven grandchildren, its snowmobile trail work. Jerry has been a can potentially save human lives. thirteen great-grandchildren, a host of nieces Dr. MacKinnon received a B.A. degree in member of the Iron County Fair Board, the and nephews, and countless other young peo- biochemistry from Brandeis University in 1978 Stambaugh Township Compensation Com- ple of his church family. What a legacy for and an M.D. from Tufts University in 1982. He mittee and the Executive Board of the Iron Mississippi! has served as a full faculty member at Har- Perhaps, the most soulful words of all County Democratic Party. vard Medical School, professor and head of voiced about Deacon Walter Gray were those Lower Michigan’s loss has been northern Laboratory Molecular Neurobiology and written by Nancy, his wife and helpmate of 64 Michigan’s gain, and it is clear that Jerry Biophyics at The Rockefeller University, and years: Losey has become a vital and valued part of was appointed an investigator of the Howard A golden heart stopped beating, the Iron County community. He is a true ex- Hughs Medical Institute. In recognition of his Hard-working hands at rest, ample of dedication and service, which was work on ion channel structure and function, God broke our hearts to prove to us, recognized by his selection as the Burr Sher- Dr. MacKinnon received the 1999 Lasker He only takes the best. wood Vintage Democrat of 2003 by the Iron Award, the 2000 Rosenstiel Award, and the Mr. Speaker, Deacon Walter Gray truly rep- County Democratic Party. I am happy to join 2001 Gairdner Award. resents the best of Mississippi. I ask Congress in the applause and congratulations for Gerald Mr. Speaker, I ask you and my other distin- join me in remembering him and recognizing Losey in recognition of his lifetime of service guished colleagues to join me in commending his life now that he has gone on to be with his to his fellow Michiganians. Dr. Roderick MacKinnon on his important ac- Heavenly Father.

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A20OC8.025 E20PT1 October 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2097 REMEMBERING MCPHELAN REESE on the weekend of October 10–11–12, 2003, this need is the video recently removed from in Houston. The convention laid plans for the the State Department website entitled ‘‘Ter- expansion of the movement to free Khalistan, rorism: A War Without Borders’’ which por- HON. RALPH M. HALL trayed all Sikhs as terrorists. Because of the OF TEXAS the Sikh homeland that declared its independ- letter by U.S. Representatives Dan Burton IN THE HOUSE OF REPRESENTATIVES ence on October 7, 1987. (R–Ind.), Edolphus Towns (D–NY), and Wally Monday, October 20, 2003 The convention was attended by many dele- Herger (R–Cal.), the State Department re- gates from all around the United States and cently removed this video and its text from Mr. HALL. Mr. Speaker, I am honored today Canada. They made plans to expand their of- its website. The convention passed a resolu- to pay tribute to a talented and endearing man fice in Washington, which has been an invalu- tion of appreciation of these Congressmen. who contributed so much to the community of able resource to us here in Congress in get- Other resolutions included one asking Bonham, Texas, and to the Sam Rayburn Li- ting out information about the oppression of every Gurdwara to contribute $500 per month brary in Bonham for the past quarter of a cen- the Sikhs and other minorities by the Indian to the Washington office, one urging Sikhs not to support the various branches of the tury—McPhelan Reese, who passed away this government. This is good to see. The glow of past summer at the age of 97. Akali Dal, which is under Indian government freedom still burns brightly in the hearts of Mac Reese was a fixture in Bonham as the control, one calling for young Sikhs to step writer-in-residence at the Sam Rayburn Library these Sikh leaders. forward into leadership roles, and one de- The delegates also congratulated Dr. Gurmit from 1975 until his retirement in 2001. He was manding freedom for Khalistan. History shows that multinational states the oldest full-time employee in The University Singh Aulakh, President of the International Sikh Organization and the Council of such as India are doomed to failure. Coun- of Texas System. Mac wrote the introduction tries like Austria-Hungary, India’s longtime to each chapter of Sam Rayburn’s autobiog- Khalistan, for his tireless work in support of the interests of Sikhs in this country and the friend the Soviet Union, Yugoslavia, Czecho- raphy, Speak, Mister Speaker, and wrote the slovakia, and others prove this point. India preface to the Library’s collection of political cause of freedom for Khalistan. I can say from is not one country; it is a polyglot like those cartoons, Impressions of Mister Sam. He was my personal experience that Dr. Aulakh has countries, thrown together for the conven- the author of two books of poetry, Showdown worked for that cause with great dedication for ience of the British colonialists. It is doomed and other Poems and Gullible’s Travails and several years and he has provided a lot of in- to break up as they did. India is ruled by was working on this third volume, All About formation to those of us in Congress who are Hindu theocrats whose agenda is ‘‘Hindu, Us, a tribute to his beloved Bonham, when interested in the cause of human rights and Hindi, Hindutva, Hindu Rashtra,’’ or total freedom in South Asia. Hindu domination of every facet of Indian failing health forced him to stop. life. An Indian Cabinet minister said that ev- Born in Bonham, Mac was raised by his Mr. Speaker, I would simply like to take this opportunity to salute the International Sikh Or- eryone who lives in India must be a Hindu or mother, Victoria Phelan Reese, an actress and subservient to Hindus. teacher who instilled in him a love of the arts, ganization on a very successful convention ‘‘We thank everyone who attended this im- and his grandfather, Leonidas Reese. Mac and wish it continued success in the future. portant convention,’’ Dr. Aulakh said. pursued singing at the Kidd-Key Conservatory We can support its efforts to bring freedom to ‘‘Their commitment, their ideas and their in Sherman and then at the Fine Arts Acad- the Sikh people, as well as the other captive support are helpful as we move forward in emy in Cincinnati. While in Cincinnati he also nations of South Asia such as Nagaland, our work to protect the interests of Sikhs in trained to be a boxer at Speedy Bishop’s Kashmir, and others, by stopping American this country and to continue working for the Gym, where many of the Midwest’s fighters aid and trade with India until human rights are liberation of Khalistan,’’ he said. ‘‘We sin- cerely thank and appreciate the hospitality worked out. Mac simultaneously pursued sing- observed and by declaring our support for a of the Management Committee of the Hous- ing and boxing careers before facial injuries fair plebiscite under international monitoring on ton Gurdwara. Special thanks are due to the brought both efforts to an end. He then spent the question of independence. Council advisors of the Houston area.’’ some time in Hollywood, where he played I would like to place the ISO’s press release The Indian government has murdered over small roles in the movies and worked as a on its very successful convention into the 250,000 Sikhs since 1984, more than 200,000 writer. RECORD at this time. Christians since 1948, over 85,000 Muslims in Eventually Mac moved back to Texas—first ANNUAL CONVENTION ON KHALISTAN VERY Kashmir since 1988, and tens of thousands of to Houston, where he worked as a master SUCCESSFUL—PLANS TO STRENGTHEN OF- Tamils, Assamese, Manipuris, Dalits, and painter. In the 1970s he moved to Bonham, FICE FORMULATED others. The Indian Supreme Court called the Indian government’s murders of Sikhs his hometown, following the death of his first WASHINGTON, D.C., October 14, 2003—The ‘‘worse than a genocide.’’ annual convention of the International Sikh wife, Pan Carr Reese, and his marriage to Ila Indian police arrested human-rights activ- Organization on Khalistan was very success- Rogers Carr. In 1975 he began working at the ist Jaswant Singh Khalra after he exposed ful. Delegates from all around the United Sam Rayburn Library as a writer-in-residence their policy of mass cremation of Sikhs, in States and Canada attended. The convention and the unofficial poet laureate of Fannin which over 50,000 Sikhs have been arrested, was held October 10–11–12 in Houston, Texas. tortured, and murdered, then their bodies County. He delighted in telling stories and was The convention recognized Dr. Gurmit were declared unidentified and secretly cre- considered by many to be Bonham’s greatest Singh Aulakh, President of the International mated. He was murdered in police custody. storyteller. Even after retirement, he continued Sikh Organization and the Council of His body was not given to his family. The po- to come to the Library and entertain children Khalistan, for his dedication, vision, persist- lice never released the body of former and visitors with his many delightful stories. ence, and commitment to the cause of liber- Jathedar of the Akal Takht Gurdev Singh Mac was a beloved and much appreciated ating Khalistan, the independent Sikh home- Kaunke after SSP Swaran Singh Ghotna land declared on October 7, 1987. Since then, fixture in the community and at the Sam Ray- murdered him. Ghotna has never been it has been under Indian occupation. When burn Library. Generations of schoolchildren brought to trial for the Jathedar Kaunke India became independent, Sikhs were equal and visitors to the Library will remember him murder. No one has been brought to justice partners in the transfer of power and were to with fondness, and through him they will re- for the kidnapping and murder of Jaswant receive their own state, but the weak and ig- Singh Khalra. According to a report by the member and appreciate so many stories asso- norant Sikh leaders of the time were tricked Movement Against State Repression ciated with Bonham. On behalf of his many into staying with India on the promise that (MASR), 52,268 Sikhs are being held as polit- friends and fans, I want to take this oppor- they would have ‘‘the glow of freedom’’ and ical prisoners in India without charge or tunity in the House of Representatives to pay no law affecting the Sikhs would pass with- trial. Some have been in illegal custody out their consent. Sikhs ruled an inde- our last respects to this beloved and colorful since 1984! Texan—McPhelan Reese. pendent and sovereign Punjab from 1710 to 1716 and again from 1765 to 1849. No Sikh rep- f f resentative has ever signed the Indian con- THE HOSPITALIZED VETERANS FI- ANNUAL SIKH CONVENTION LAYS stitution. The Council of Khalistan is the NANCIAL ASSISTANCE ACT OF PLANS FOR EXPANDING FREE- government pro tempore of Khalistan. 2003 DOM STRUGGLE At the convention Dr. Bakshish Singh Sandhu of Pennsylvania and Sardar Harjinder Singh of New Jersey offered to HON. EDOLPHUS TOWNS spearhead the acquisition of a building in HON. SUSAN A. DAVIS OF NEW YORK Washington, D.C. to house the International OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Sikh Organization’s offices. IN THE HOUSE OF REPRESENTATIVES Monday, October 20, 2003 The delegates emphasized the need for an Monday, October 20, 2003 office in Washington to protect the interests Mr. TOWNS. Mr. Speaker, the International of Sikhs in this country, as well as to work Mrs. DAVIS of California. Mr. Speaker, I rise Sikh Organization held its annual convention for freedom for Khalistan. An example of today to correct an inequity facing America’s

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.028 E20PT1 E2098 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2003 disabled veterans. Many brave men and Act, or ‘‘PREEMIE Act.’’ The goal of the complicated and excessive rules—rules that women, who sustained permanent injuries PREEMIE Act is designed to reduce the rates have negatively impacted the ability of Amer- while defending our nation and the liberties we of preterm labor and delivery, promote the use ican companies to compete in the world mar- cherish, must spend extended periods in hos- of evidence-based care for pregnant women at ket. These have been ‘‘defensive’’ responses pitals because of their service-connected dis- risk of preterm labor and for infants born to competition, not ‘‘offensive’’ responses to abilities. preterm, and reduce infant mortality and dis- increasing worldwide competition. Throughout, When they do require extended hospital abilities caused by prematurity. This will be ac- the Twentieth Century, the United States com- stays, disabled veterans must take time away complished by expanding federal research re- peted aggressively in the world market, and as from their jobs, causing them to lose out on lated to preterm labor and delivery and in- a result our competitors responded. To remain the salaries they rely upon to pay their rent or creasing public and provider education and competitive, this Congress MUST act again, mortgages and to care for their families. support services. Expanding these federal ini- and we MUST begin by reforming our tax pol- Because extended care can cause financial tiatives is supported by the March of Dimes, icy that has become a choke collar on our hardships, veterans who are ordinarily rated at the American Academy of Pediatrics, the American workers, restricting them from being less than 100 percent for their service-con- American College of Obstetricians and Gyne- free to compete with other workers in the nected disabilities qualify for a special 100 cologists, and the Association of Women’s world market. percent rating to help them compensate for Health, Obstetric and Neonatal Nurses. As this Congress debates export subsidies their temporary financial losses. We hope that you and many more of our and global competition, we will continue to An inequity exists in the current law, how- House colleagues will join us in the fight to en- hear much about the challenges faced by ever. The Department of Veterans Affairs (VA) sure a healthy start for all of America’s chil- American manufacturers. Yet, the first and does not begin the temporary total disability dren by cosponsoring and working with us for foremost challenge that American manufactur- compensation until the beginning of the month the enactment of the PREEMIE Act. ers, and all American employers, face is an in- following their admission. That is, if a veteran f creasingly restrictive and oppressive tax code. The ACE Act would address this fundamental is hospitalized on the 15th, their special com- AMERICAN COMPETITION EN- pensation does not start until the first of the issue and enable American workers in all sec- HANCEMENT ACT OF 2003 (THE tors, including manufacturing, to once again next month. ACE ACT OF 2003) Even though they are incapacitated, vet- compete in the world market. This bill would erans must sometimes wait almost 2 months HON. MAC COLLINS instill confidence in our manufacturing industry to receive payment at the 100 percent level. OF GEORGIA and would entice many other industries to op- Unfortunately, they still have bills due during IN THE HOUSE OF REPRESENTATIVES erate here instead of locating overseas. As the greatest workers in the world, there this time and cannot always wait for several Monday, October 20, 2003 is little doubt about the outcome, if only the weeks for their compensation. Mr. COLLINS. Mr. Speaker, today, I am Congress will free our workers to compete. Today I am introducing the Hospitalized Vet- proud to introduce legislation that will protect Some will say that we cannot afford the erans Financial Assistance Act of 2003 to cor- American jobs and will create new job oppor- ACE Act, but American workers cannot afford rect the flaws in the law and to give America’s tunities for those Americans in search of em- the alternative—continued taxation that re- disabled veterans our full support throughout ployment. stricts, limits and chokes their ability to com- their convalescence. Under this legislation, the The American Competition Enhancement pete. Some are saying that any tax legislation VA would begin the special 100 percent dis- Act of 2003 would ultimately provide an must be budget neutral; yet, over the last two ability rating on the day they are admitted to across-the-board tax cut of 5 percent for all years, the corporate income tax structure re- the hospital. corporations. Specifically, the ACE Act will cut mains unchanged, and corporate revenue has By making this adjustment to the law, a dis- the corporate tax rate by 3 points in 2004, ini- only declined. In fact, Corporate Income Tax abled veteran may not be faced with the dif- tially lowering the corporate rate to a tax level Revenue has decreased significantly—from ficult decision of declining medical treatment of 32 percent. Three years later, the ACE Act 2000 to 2001 Corporate Income Tax Reve- because of their financial concerns. I urge my would cut the tax rate by an additional 2 nues fell from $207.3 billion to $151.1 billion, colleagues to join me in supporting those who points, lowering the rate for corporations to 30 a decrease of $56.2 billion; in 2002, Corporate have made the most tremendous sacrifices on percent in 2007. Income Tax Revenue dropped to $148 bil- our behalf by correcting this inequity. Since 1996, our trading partners have real- lion—a decrease of $59.3 billion from the f ized that being competitive in the global mar- 2000 level. In 2 years, our corporate tax laws ketplace requires cutting taxes of the busi- PREMATURE BIRTH: A SILENT have resulted in lost jobs, lost dollars in Amer- nesses that employ their workers. Many coun- HEALTH CRISIS ican workers’ pockets, and a combined loss in tries, including Australia, Canada, France, revenue of $115.5 billion (See Table F–3 of Germany, Japan, Poland and Turkey, have cut the Congressional Budget Office—Budget and HON. FRED UPTON their corporate tax rates drastically—some by Economic Outlook: Fiscal Years 2004–2013). OF MICHIGAN 10 percent or more. In fact, the average top Over the past 3 years the United States has IN THE HOUSE OF REPRESENTATIVES corporate tax rate for governments in the Or- seen a loss of 2.7 million manufacturing Monday, October 20, 2003 ganization for Economic Cooperation and De- jobs—with an average of 60,000 job losses velopment (OECD) has dropped from a rate of per month over the past 2 years. Some of Mr. UPTON. Mr. Speaker, premature birth is 41 percent in 1986 to 30.9 percent in 2003, these jobs have disappeared due to increased a serious and growing problem. Each day while the U.S. corporate rate has remained production efficiencies, but many more have 1,305 babies are born too soon, and the rate unchanged at 35 percent over the same pe- been relocated overseas. of preterm birth increased 27 percent between riod. When state and local taxes are added on History has shown that lower taxation leads 1981 and 2001. In 2001, 476,000 babies were top of this rate, the U.S. corporate tax rate employers to keep the employees they have, born prematurely in the United States. Trag- averages 40 percent—which is more than 9 to invest in capital expenditures that create ically, premature infants are 14 times more percentage points higher than the OECD aver- new jobs, and to increase their profits which, likely to die in their first year of life, and age. in turn, means economic growth, more jobs, preterm births account for 23 percent of While other countries have learned that more exports, more production, and, ulti- deaths in the first month of life. Further, pre- lower taxation enables them to compete for mately, more dollars flowing to the Federal mature babies who survive may suffer lifelong business, and ultimately jobs, the United Treasury. Let us learn from history and pass consequences, including cerebral palsy, men- States has failed to respond, and American meaningful tax relief to stimulate economic tal retardation, chronic lung disease, and vi- workers have suffered. Many in this Congress growth and, in turn, increase the funds in sion and hearing loss. Preterm delivery can have remained content to sit idly by as other workers’ pockets; ultimately, this would mean happen to any pregnant woman, and in nearly nations have lowered corporate taxes. Instead more dollars for the Treasury of the United one-half of the cases, no one knows why. of freeing American businesses and our work- States. That is why today I am introducing, with my ers from oppressive taxation and burdensome I urge my colleagues in this House to con- colleagues ANNA ESHOO, JIM RAMSTAD, regulations, this Congress has continued to sider the actions of others around the world, to SHERROD BROWN, SPENCER BACHUS, ED support efforts to make our tax code more am- consider history’s lessons, and, most impor- TOWNS, and JESSE JACKSON, Jr., the bipartisan biguous and difficult to navigate. tantly, to consider the effect of our tax code on Prematurity Research Expansion and Edu- Over the past 20 years, the Congress has workers in their own districts. I have consid- cation for Mothers who deliver Infants Early passed tax law that has led to the creation of ered this all and am determined that we must

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.031 E20PT1 October 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2099 free American workers from the choke collar to tax that income immediately as earned. san, and native of the Fourth Congressional of taxation. This Congress must act and pro- But rather than raising federal revenue, the District, whose dedication to historic preserva- vide much needed relief for all American cor- changes reduced revenue as the U.S.-owned tion and to our National Park system is be- shipping fleet shrunk and the tax base dis- porations that employ our people. appeared. The U.S. share of the world’s open- yond extraordinary. Mr. Speaker, I call on the House to consider registry shipping fleet fell from 25 percent in Parker Westbrook is a recipient of the Gold American workers and consider the challenges 1975 to less than 5 percent today. The Thom- Star Award, which is one of the most pres- they face. It is time that the House pass solid, as and Hatch bills include a fix to this coun- tigious awards the President’s Advisory Coun- meaningful tax legislation that supports the terproductive tax provision. cil on Historic Preservation bestows to its American worker. THOMAS BILL INCLUDES MODEST REFORMS members. [From the Tax & Budget Bulletin, CATO The corporate tax reform bill introduced I am also here to honor Mr. Westbrook for Institute] by Bill Thomas would reduce the double tax- his active involvement as a member of the ad- ation of foreign income earned by U.S. mul- THE U.S. CORPORATE TAX AND THE GLOBAL visory board for the National Park System. tinational corporations (MNCs) and simplify ECONOMY the rules for foreign tax credits and subpart Through his selfless, unyielding service to (By Chris Edwards, Director of Fiscal Policy, F income. Simplifying and reducing taxes on both organizations, Parker played a major role Cato Institute) MNCs would benefit the U.S. economy in a in protecting our Nation’s resources, and pre- The corporate income tax is at the center number of ways. U.S. MNCs would be able to serving our precious national landmarks. of numerous policy debates today. First, the increase U.S.-based research and other head- For the past 8 years, Parker has spent World Trade Organization has ruled that the quarters activities if their foreign operations countless hours serving on both of these pres- U.S. Foreign Sales Corporation/ were larger and more profitable. Also, MNCs tigious boards. His dedication went well be- could better penetrate global markets with Extraterritorial Income Exclusion (FSC/ETI) yond mere membership; he never missed a tax break given to exporters is illegal. The U.S. exports if their foreign affiliates were European Union has threatened the United more competitive. Indeed, U.S. Department meeting for either organization. States with trade retaliation unless it re- of Commerce data show that U.S. MNCs ac- Throughout his life, Parker has sought to peals FSC/ETI by the end of this year. Next, count for two-thirds of all U.S. merchandise better his community and his country by pre- corporate tax avoidance has been in the news exports. By making U.S. MNCs more com- serving our country’s heritage for future gen- in the wake of the Enron scandal. Finally, petitive, the Thomas bill would boost U.S. erations. He is a role model to all Americans there is growing concern that the corporate exports, employment, and incomes. The who strive for exceptional public service. I income tax damages business competitive- Thomas bill also includes other useful but limited reforms, including faster deprecia- congratulate him on his recent accomplish- ness and reduces U.S. economic growth. ment, and I wish him the best in what I know In response to the WTO ruling, bills have tion for some equipment investment, liberal- been introduced to repeal FSC/ETI, including izing the subchapter S rules for small cor- will be many more years of selfless service to H.R. 2896 by Ways and Means chairman Bill porations, and changes to the corporate al- our country. ternative minimum tax. Thomas (R–Cal.) and H.R. 1769 by Phil Crane f The Crane-Rangel bill provides a targeted (R–Ill.) and Charles Rangel (D–N.Y.). The tax break for manufacturing. A new deduc- Thomas bill, and a similar proposal by Sen- HONORING THE REV. JOHN P. tion would reduce the tax rate for domestic ator Orrin Hatch (R–Utah), includes many MINOGUE manufacturing by 3.5 percentage points, but useful tax reforms in exchange for repeal of would not cut taxes for other types of busi- the $5 billion per year FSC/ETI provision. nesses. This is poor policy compared to a However, more fundamental tax reforms are HON. RAHM EMANUEL broad-based tax cut because it would in- OF ILLINOIS needed, including a large cut to the cor- crease tax complexity and divide the busi- IN THE HOUSE OF REPRESENTATIVES porate tax rate. ness sector even further into separate lob- CORPORATE TAX REFORM IS LONG OVERDUE bying camps, each wanting narrow breaks Monday, October 20, 2003 Global direct investment flows rose six- rather than overall reforms. Mr. EMANUEL. Mr. Speaker, I rise this fold in the past decade, and research shows MORE FUNDAMENTAL REFORMS NEEDED evening to recognize the Reverend John P. that these flows are increasingly sensitive to Rather than provide narrow breaks, Con- Minogue, a great American and dedicated corporate taxes. To attract capital and build gress should cut the 35 percent corporate tax the economy, the United States should have rate to 20 percent so that the United States leader in the Catholic and higher education a neutral and low-rate corporate tax. In- becomes a tax reform leader, not a laggard. communities of Chicago. Last week, Father stead, the United States has perhaps the In order not to increase the deficit, a rate Minogue announced his plans to retire after a most complex corporate tax and the second cut could be paired with cuts to federal decade as the tenth president of DePaul Uni- highest corporate tax rate among major na- spending on business subsidies, which cur- versity, located in my district on the North side tions. rently total about $90 billion per year. Such of Chicago. The U.S. statutory corporate tax rate is 40 a reform package would increase investment Under Father Minogue’s leadership, DePaul percent, which includes the 35 percent fed- and employment incentives for all firms and eral rate and an average state rate of 5 per- reduce government favoritism and business has reached major goals projected under the cent. By comparison, Figure 1 shows that the distortions. university’s strategic plan, ‘‘Vision 2006.’’ average rate for the 30-nation Organization Beyond a rate cut, Congress should con- DePaul’s students, faculty, staff and trustees, for Economic Cooperation and Development sider full repeal of the corporate tax or re- as well as the City of Chicago itself, have ben- is 30.9 percent, down sharply from 37.6 per- placement with a cash-flow tax. A cash flow efited tremendously from Father Minogue’s cent in 1996. tax would increase domestic investment and make U.S. firms more competitive in global leadership and vision. During Father Aside from a high rate, the U.S. corporate Minogue’s tenure, DePaul University has be- tax has uncompetitive rules for firms that markets because firms would not be taxed on compete in foreign markets. The U.S. Treas- their foreign business income. A cash-flow come the largest Catholic university and the ury’s assistant secretary for tax policy, Pam tax would also reduce wasteful tax shel- eighth-largest private university in the United Olson, recently testified that ‘‘no other tering. Indeed, most of Enron’s tax shelters States. This fall’s record enrollment of nearly country has rules for the immediate taxation would not have been possible under a cash- 24,000 students represents the tenth consecu- of foreign-source income that are com- flow tax. Congress should aim to give this country tive year that DePaul has posted historic en- parable to the U.S. rules in terms of breadth the best possible corporate tax environment, rollment gains. and complexity.’’ The complexity of the U.S. not one of the worst. A good first step would Expanding access to learning has been the rules on foreign income are infamous—Dow be to simplify and reduce taxes for U.S. hallmark of Father Minogue’s presidency. The Chemical has calculated that 78 percent of MNCs, and then follow up with a reduction of university supports 130 academic programs its 7,800-page U.S. tax return relates to the the corporate tax rate to 20 percent. rules on foreign income. and a faculty and staff totaling over 4,200 peo- Part of the problem is that Congress has f ple. He led efforts to provide increased access viewed corporations as cash cows, and has IN APPRECIATION FOR A to high-quality education for a diverse student shown little concern that high taxes reduce LIFETIME OF DEDICATION population. He also championed global edu- investment and drive capital and profits cation by establishing a variety of international abroad. One example of how the demand for sites and programs. Suburban campuses grew more tax revenue can backfire is the tax- HON. MIKE ROSS from two to five, and the university welcomed ation of ‘‘foreign base company shipping in- OF ARKANSAS Barat College into the DePaul family as its come.’’ It used to be that the foreign income IN THE HOUSE OF REPRESENTATIVES ninth college in 2001. earned by cargo ships and other vessels owed Monday, October 20, 2003 by U.S. subsidiaries was not taxed until re- During Father Minogue’s tenure, DePaul patriated to the United States. However, Mr. ROSS. Mr. Speaker, I rise today to celebrated its centennial and transformed its Congress changed the rules in 1975 and 1986 honor and congratulate an outstanding Arkan- city campuses with additional facilities that

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.034 E20PT1 E2100 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2003 offer students every state-of-the-art service. Moslem countries, and I think it is important TRIBUTE TO JAMES E. WORSHAM Those facilities include the renovation of that we pursue closer political, economic and DePaul Center; construction of the McGowan cultural ties with these nations. Americans are Biological and Environmental Sciences Center sympathetic to the plight of the Muslim world. HON. BOBBY L. RUSH and Centennial Hall; the Ray Meyer Fitness OF ILLINOIS At the same time, I believe we cannot tol- and Recreation Center and a car parking facil- IN THE HOUSE OF REPRESENTATIVES ity on Clifton Avenue; the new student center; erate international anti-semitism or allow anti- and the University Center of Chicago joint res- semitic statements that are expressed at inter- Monday, October 20, 2003 national forums to go unchallenged. While idence hall in the Loop to be completed in Mr. RUSH. Mr. Speaker, I rise to bring this Americans are sympathetic to the plight of the 2004. legislation to the attention of the House for it Muslim world, we will never accept leaders Father Minogue also revolutionized student would be a fitting tribute to James E. access to and implementation of technology at who preach hate and prejudice. Worsham to rename the Grand Crossing Post- DePaul. He worked tirelessly to redesign uni- The Times editorial reports that the Euro- al Station after him. Mr. Worsham has served versity business processes to offer students pean Union refused to condemn the Malaysian the public with considerable distinction as a real-time services on the Web, ultimately ena- postal worker and as a union leader. bling them to conduct many transactions at Prime Minister’s comments. I therefore call any hour of the day from any computer sta- upon the Bush Administration to do so. By fail- Before joining the Post Office, Mr. Worsham tion. It was under his leadership that the ing to respond to this anti-semitism, we be- served in the U.S. Air Force for 4 years and School of Computer Science, Telecommuni- come party to it by virtue of our silence. then the city of Chicago as a traffic court clerk. Mr. Worsham began what would become an il- cations and Information Systems was created [From the New York Times, Oct. 18, 2003] and became one of the largest computer lustrious postal career on the southeast side science schools in the nation. A man on the ISLAMIC ANTI-SEMITISM of Chicago at the Grand Crossing Station on cutting edge of the digital age, Father Minogue January 16, 1963. On that day in Chicago, the It is hard to know what is more alarming— actual air temperature reached twenty-seven conceived DePaul’s Digital Media Center and a toxic statement of hatred of Jews by the degrees below zero. Having no experience as has helped to develop an innovative program Malaysian prime minister at an Islamic sum- that will enable students to be in the forefront mit meeting this week or the unanimous ap- a letter carrier, he was sent out into the ele- of a new form of global communication. plause it engendered from the kings, presi- ments to deliver what mail he could. As it was Both academics and student satisfaction dents and emirs in the audience. The words his first day, he was not appropriately dressed have flourished under Father Minogue’s guid- uttered by the prime minister, Mahathir for a prolonged exposure to the severe weath- ance. In 1998, DePaul was named one of Mohamad, in a speech to the 57-member Or- er conditions and, as a result, suffered frost- seven finalists for College of the Year in ‘‘The ganization of the Islamic Conference on bite to his ears. Undaunted by this initial expe- Best College for You,’’ by Time magazine and Thursday were sadly familiar: Jews, he as- rience, he returned to work the next day. He the Princeton Review. Additionally, U.S. News serted, may be few in number, but they seek had been out of work for some time; and a job & World Report has ranked DePaul’s part-time to run the world. at the Post Office offered security and benefits MBA in the nation’s top ten for eight consecu- ‘‘The Europeans killed six million Jews out for his family. From day one, James adhered tive years. Father Minogue can be especially of 12 million, but today the Jews rule the to the literal meaning of a carrier’s creed—nei- proud that DePaul’s students were named world by proxy,’’ he said. ‘‘They get others ther rain nor snow, heat nor cold shall stay a happiest in the nation twice by the Princeton to fight and die for them.’’ Muslims are ‘‘up carrier from his appointed rounds. Review. He devoted a considerable amount of against a people who think,’’ he said, adding His coworkers were the first to recognize personal time and energy to building relation- that the Jews ‘‘invented socialism, com- Mr. Worsham’s fiery and staunch determina- ships with students and often could be found munism, human rights and democracy so tion, and they drafted him to become their that persecuting them would appear to be joining them in community service and leader- shop steward. Immediately, his leadership ship opportunities. wrong, so that they can enjoy equal rights with others.’’ qualities became evident, and they were ac- Mr. Speaker, on behalf of a deeply grateful knowledged by the then President of Branch community and with enormous appreciation for When Israeli officials noted that such talk 11 of the National Association of Letter Car- a decade of dedicated service to students, brought Hitler to mind, the assembled lead- riers. Soon he was slated to run for Sergeant- ers were mystified. Yemen’s foreign minister alumni, faculty, staff and friends, I thank Fa- at-Arms with his focus to protect the rights of ther Minogue for his extraordinary leadership said he agreed entirely with his Malaysian colleague, adding, ‘‘Israelis and Jews control postal employees and to serve the public with and selfless commitment to learning and to its entitled postal services. the City of Chicago. Father Minogue left a most of the economy and the media in the world.’’ The Egyptian foreign minister, Mr. Worsham became an Auditor for Branch mark on the institution that will not be forgot- Ahmed Maher, called the speech ‘‘a very, 11 and then its Chief Steward. In January of ten, and we will always remember his count- very wise assessment.’’ Even the Afghan 1979, while holding these positions, he ran for less contributions and wish him continued suc- president, Hamid Karzai, said the speech was President and won overwhelmingly. As Presi- cess in his future endeavors. ‘‘very correct.’’ dent, his skills became known nationwide; and f Perhaps the saddest element is just how the National President recruited him to be- U.S. MUST NOT ACQUIESCE TO impotent the representatives of the world’s come a National Trustee while maintaining his ANTI-SEMITISM 1.3 billion Muslims feel. When Syed Hamid position as President of Branch 11. Upon re- Albar, Malaysia’s foreign minister, sought to tirement, Mr. Worsham didn’t slow down at contain the controversy, he explained that all—he became Director of Retired Members HON. KENDRICK B. MEEK because of the wars in Afghanistan and Iraq, for the Letter Carriers in Washington, DC, for OF FLORIDA Muslims feel ‘‘sidelined or marginalized,’’ so 4 years. He returned to Chicago as President please understand why they complain about IN THE HOUSE OF REPRESENTATIVES of Branch 11, and he turned the city’s mem- the power of a tiny competing group like the Monday, October 20, 2003 Jews. bership attainment into a 97.8 percent rate— the highest in the nation. Mr. Worsham still Mr. MEEK of Florida. Mr. Speaker, I would Sympathy for the Muslims’ plight must like to share with my colleagues a disturbing currently serves as President of Branch No. not be confused with the acceptance of rac- 11 of the National Associations of Letter Car- editorial that appeared in the Saturday, Octo- ism. Most Muslims have indeed been shod- riers. ber 18 edition of the New York Times. dily treated—by their own leaders, who gath- It details statements of anti-semitism voiced er at feckless summit meetings instead of of- Mr. Worsham attended and graduated from by the Prime Minister of Malayasia, Mahathir fering their people what they most need: William Gladstone Elementary and William Mohamad, in a speech to the 57-member Or- human rights, education and democracy. McKinley High Schools. His wife, the late ganization of the Islamic Conference, and ap- The European Union was asked to include Corrine Kelly, was his childhood sweetheart proving comments by the Egyptian Foreign a condemnation of Mr. Mahathir’s speech in and the love of his life. To this union were Minister, Ahmed Maher, and Afghan President its statement yesterday ending its own sum- born three children—Valerie, Vance, and Adri- Hamid Karzai. mit. It chose not to, adding a worry that dis- enne. Mr. Worsham is a thirty second degree There is little doubt that we in the United plays of anti-Semitism are being met with Mason and a faithful member and Deacon of States have much to learn from the leaders of inexcusable nonchalance. Emmanuel Baptist Church.

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A20OC8.038 E20PT1 October 20, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2101 EMERGENCY SUPPLEMENTAL AP- consideration the bill (H.R. 3289) making sideration to the emergency purposes of secu- PROPRIATIONS ACT FOR DE- emergency supplemental appropriations for rity, electric sector infrastructure, oil infrastruc- FENSE AND FOR THE RECON- defense and for the reconstruction of Iraq ture, public works, water resources, transpor- STRUCTION OF IRAQ AND AF- and Afghanistan for the fiscal year ending tation, telecommunication infrastructures and September 30, 2004, and for other purposes: GHANISTAN, 2004 other emergency needs, and also provide that Mr. FRANKS of Arizona. Mr. Chairman, on once the Administration informs Congress that SPEECH OF October 16, 2003, the Chair sustained Mr. a democratically elected government in Iraq HON. TRENT FRANKS KOLBE’s point of order against H. Amdt. 408, has been established, the balance of funding would be made available in the form of loans OF ARIZONA an amendment offered by Mr. PENCE, to H.R. 3289. Had there been opportunity to vote, I from the U.S. Government, under terms deter- IN THE HOUSE OF REPRESENTATIVES would have voted ‘‘yes’’ on H. Amdt. 408 to mined by the President. Friday, October 17, 2003 H.R. 3289, which sought to make the first 50 The House in Committee of the Whole percent of Iraq reconstruction funding avail- House on the State of the Union had under able immediately as a grant giving priority con-

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A20OC8.041 E20PT1 E2102 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2003 SENATE COMMITTEE MEETINGS 2:30 p.m. 2:30 p.m. Foreign Relations Commerce, Science, and Transportation Title IV of Senate Resolution 4, European Affairs Subcommittee Surface Transportation and Merchant Ma- agreed to by the Senate on February 4, To hold hearings to examine Anti-Semi- rine Subcommittee 1977, calls for establishment of a sys- tism in Europe. To hold hearings to examine railroad tem for a computerized schedule of all SD–419 shipper issues and S. 919, to amend meetings and hearings of Senate com- Intelligence title 49, United States Code, to enhance mittees, subcommittees, joint commit- To hold closed hearings to examine cer- competition among and between rail tees, and committees of conference. tain intelligence matters. carriers in order to ensure efficient rail service and reasonable rail rates. This title requires all such committees SH–219 SR–253 to notify the Office of the Senate Daily Intelligence OCTOBER 23 Digest-designated by the Rules com- To hold closed hearings to examine cer- mittee—of the time, place, and purpose 9:30 a.m. tain intelligence matters. of the meetings, when scheduled, and Armed Services SH–219 any cancellations or changes in the Business meeting to consider pending meetings as they occur. military nominations. OCTOBER 28 As an additional procedure along SR–222 10 a.m. with the computerization of this infor- Commerce, Science, and Transportation Health, Education, Labor, and Pensions mation, the Office of the Senate Daily To hold hearings to examine Boeing. To hold hearings to examine certain SR–253 Digest will prepare this information for health issues. Environment and Public Works SD–430 printing in the Extensions of Remarks Business meeting to consider S. 994, to section of the CONGRESSIONAL RECORD protect human health and the environ- OCTOBER 29 on Monday and Wednesday of each ment from the release of hazardous 10 a.m. week. substances by acts of terrorism, and S. Indian Affairs Meetings scheduled for Tuesday, Oc- 1757, to amend the John F. Kennedy Business meeting to consider pending tober 21, 2003 may be found in the Daily Center Act to authorize appropriations calendar business; to be followed by a Digest of today’s RECORD. for the John F. Kennedy Center for the hearing on the Tribal Self Governance Performing Arts. Act Amendments of 2003. MEETINGS SCHEDULED SD–406 SR–485 Foreign Relations Health, Education, Labor, and Pensions Substance Abuse and Mental Health Serv- OCTOBER 22 International Operations and Terrorism Subcommittee ices Subcommittee 9:30 a.m. To hold hearings to examine how to To hold hearings to examine the New Commerce, Science, and Transportation achieve the necessary security im- Freedom Commission Report. To hold hearings to examine federal in- SD–430 volvement in the regulation of the in- provements in a global environment re- lating to the post-9/11 visa reforms and surance industry. OCTOBER 30 new technology. SR–253 10 a.m. Commerce, Science, and Transportation SD–419 Judiciary Health, Education, Labor, and Pensions Oceans, Fisheries and Coast Guard Sub- Aging Subcommittee Business meeting to consider pending committee To hold hearings to examine financial calendar business. To hold an oversight hearing on fish- abuse and exploitation. SD–226 eries. SD–430 SR–428A 10 a.m. Banking, Housing, and Urban Affairs 10 a.m. Banking, Housing, and Urban Affairs To hold hearings to examine the Treas- Banking, Housing, and Urban Affairs To resume hearings to examine proposals ury Department’s report to Congress To hold hearings to examine for improving the regulation of the on international economic and ex- counterterror initiatives in the terror Housing GSEs; and to hold a business change rate policy. finance program and organization of meeting to consider the nominations of SD–538 terror groups for funding and future Roger Walton Ferguson, Jr., of Massa- 2:30 p.m. U.S. responses. chusetts, to be Vice Chairman of the Energy and Natural Resources SD–538 Board of Governors of the Federal Re- Water and Power Subcommittee Indian Affairs serve System, Ben S. Bernanke, of New To hold hearings to examine S. 1097, to To hold hearings to examine the nomina- Jersey, to be a Member of the Board of authorize the Secretary of the Interior tion of David Wayne Anderson, of Min- to implement the Calfed Bay-Delta nesota, to be an Assistant Secretary of Governors of the Federal Reserve Sys- tem, and Paul S. Atkins, of Virginia, to Program. the Interior; to be followed by a busi- SD–366 ness meeting to consider pending cal- be a Member of the Securities and Ex- change Commission. 3 p.m. endar business. Health, Education, Labor, and Pensions SR–485 SD–538 Health, Education, Labor, and Pensions To hold hearings to examine Senator Judiciary Frist’s Report on Africa. To hold hearings to examine federal and To hold hearings to examine the nomina- SH–902 tion of Janice R. Brown, of California, state role in pharmacy compounding to be United States Circuit Judge for and reconstitution. CANCELLATIONS the District of Columbia Circuit. SD–430 SD–226 2 p.m. OCTOBER 22 10:30 a.m. Finance 10 a.m. Governmental Affairs To hold hearings to examine company Health, Education, Labor, and Pensions Business meeting to consider pending owned life insurance. Business meeting to consider pending calendar business. SD–215 calendar business. SD–342 SD–430

VerDate jul 14 2003 03:57 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\M20OC8.000 E20PT1 Monday, October 20, 2003 Daily Digest Senate Chamber Action Additional Cosponsors: Pages S12888–12889 Statements on Introduced Bills/Resolutions: Routine Proceedings, pages S12859–S12905 Page S12889 Measures Introduced: Five bills were introduced, Privileges of the Floor: Page S12892 as follows: S. 1758–1762. Page S12888 Authority for Committees to Meet: Page S12892 Class Action Lawsuits: Senate resumed consider- ation of the motion to proceed to consideration of S. Text of H.R. 3289, as Previously Passed: 1751, to amend the procedures that apply to consid- Pages S12892–12905 eration of interstate class actions to assure fairer out- Record Votes: One record vote was taken today. comes for class members and defendants. (Total–401) Page S12884 Pages S12866–12887, S12905 Adjournment: Senate met at 1:30 p.m., and ad- A motion was entered to close further debate on journed at 6:36 p.m., until 9:30 a.m., on Tuesday, the motion to proceed to consideration of the bill October 21, 2003. (For Senate’s program, see the re- and, in accordance with the provisions of Rule XXII marks of the Acting Majority Leader in today’s of the Standing Rules of the Senate, a vote on clo- Record on page S12905.) ture will occur on Wednesday, October 22, 2003. Page S12887 A unanimous-consent agreement was reached pro- Committee Meetings viding for further consideration of the motion to proceed to consideration of the bill on Tuesday, Oc- (Committees not listed did not meet) tober 21, 2003. Page S12905 FAMILY ELDER ABUSE Partial-Birth Abortion Ban Act—Conference Re- Special Committee on Aging: Committee concluded a port: A unanimous-consent agreement was reached hearing to examine confronting family neglect, providing that at 10:30 a.m. on Tuesday, October abuse, and financial exploitation of disabled adults 21, 2003, Senate will begin consideration of the con- and elderly persons, including the ‘‘Find A Way’’ ference report on S. 3, to prohibit the procedure program, after receiving testimony from Robert M. commonly known as partial-birth abortion; that Stein, Office of the San Diego County District At- there be four hours of debate divided equally be- torney, San Diego, California; Joseph K. Lofy, City tween the Majority Leader, or his designee, and Sen- of New Berlin Police Department, New Berlin, Wis- ator Boxer; and the Senate then vote on adoption of consin; Kenneth L. Connor, Wilkes and McHugh, the conference report. Page S12905 P.A., Leesburg, Virginia; Joseph Snyder, Philadel- Nominations Confirmed: Senate confirmed the fol- phia Corporation for Aging, Philadelphia, Pennsyl- lowing nomination: vania, on behalf of the National Association of Adult By unanimous vote of 82 yeas (Vote No. Ex. 401), Protective Service Administrators; Holly Ramsey- Margaret Catharine Rodgers, of Florida, to be Klawsnik, Klawsnik and Klawsnik and Associates, United States District Judge for the Northern Dis- Canton, Massachusetts; and Leanna Watts, Grayson, trict of Florida. Page S12884 Georgia.

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VerDate jul 14 2003 04:23 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC3.REC D20OC3 October 20, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1145 House of Representatives Repealing the reservation of mineral rights in Chamber Action Livingston Parish, Louisiana: H.R. 542, to repeal Measures Introduced: 12 public bills, H.R. the reservation of mineral rights made by the United 3340–3351; and 2 resolutions, H.J. Res. 73 and H. States when certain lands in Livingston Parish, Lou- Con. Res. 307, were introduced. Pages H9737–38 isiana, were conveyed by Public Law 102–562; Additional Cosponsors: Page H9738 Pages H9699–H9700 Reports Filed: Reports were filed today as follows: International Fisheries Reauthorization Act of H. Res 407, providing for consideration of H.J. 2003: H.R. 2048, amended, to extend the period for Res. 73, making further continuing appropriations reimbursement under the Fishermen’s Protective Act for the fiscal year 2004 (H. Rept. 108–323); and of 1967, and to reauthorize the Yukon River Res- H.R. 1081, to establish marine and freshwater re- toration and Enhancement Fund; Page H9700 search, development, and demonstration programs to Agreed to amend the title so as to read ‘‘to extend support efforts to prevent, control, and eradicate the period for reimbursement under the Fishermen’s invasive species, as well as to educate citizens and Protective Act of 1967, and to reauthorize the stakeholders and restore ecosystems, amended, (H. Yukon River Salmon Act of 2000’’. Page H9700 Rept. 108–324, Pt. 1). Page H9738 Edward O’Grady, Waverly Brown, Peter Paige Post Office Building Designation Act: S. 1591, to Speaker: Read a letter from the Speaker wherein he redesignate the facility of the United States Postal appointed Representative Aderholt to act as Speaker Service located at 48 South Broadway, Nyack, New Pro Tempore for today. Page H9689 York, as the ‘‘Edward O’Grady, Waverly Brown, Recess: The House recessed at 12:43 p.m. and re- Peter Paige Post Office Building’’; Pages H9700–02 convened at 2:00 p.m. Page H9690 Brigadier General (AUS-Ret.) John H. McLain Commending the National Endowment for De- Post Office Building Designation Act: H.R. 3068, mocracy: The House agreed to S. Con. Res. 66, to designate the facility of the United States Postal commending the National Endowment for Democ- Service located at 2055 Siesta Drive in Sarasota, racy for its contributions to democratic development Florida, as the ‘‘Brigadier General (AUS-Ret.) John around the world on the occasion of the 20th anni- H. McLain Post Office’’; and Pages H9702–03 versary of the establishment of the National Endow- Amending title XXI of the Social Security Act: ment for Democracy. Page H9691 H.R. 3288, to amend title XXI of the Social Secu- Suspensions: The House agreed to suspend the rules rity Act to make technical corrections with respect and pass the following measures: to the definition of qualifying State by a 2/3 yea- Sense of the House regarding the man-made and-nay vote of 382 yeas with none voting ‘‘nay’’, famine in Ukraine in 1932–1933: H. Res. 356, Roll No. 565. Pages H9703–04, H9706–07 expressing the sense of the House of Representatives Recess: The House recessed at 3:34 p.m. and recon- regarding the man-made famine that occurred in vened at 6:31 p.m. Page H9704 Ukraine in 1932–1933 by a 2/3 yea-and-nay vote of Privileged Resolution: The Chair ruled that the 382 yeas with none voting ‘‘nay’’, Roll No. 563; McDermott resolution to correct the Congressional Pages H9692–94, H9705 Record of January 28, 2003, did not constitute a Honoring the 25th anniversary of Pope John question of the privileges of the House under Rule Paul II’s ascension to the papacy: H. Res. 400, 9. Pages H9704–05 amended, honoring the 25th anniversary of Pope Commission on International Religious Freedom: John Paul II’s ascension to the papacy by a 2/3 yea- The Chair announced the Speaker’s appointment of and-nay vote of 382 yeas with none voting ‘‘nay’’, Ms. Patricia W. Chang of San Francisco, California Roll No. 564; Pages H9694–97, H9706 to the Commission on International Religious Free- California Missions Preservation Act: H.R. dom. Page H9707 1446, to support the efforts of the California Mis- Public Works and Economic Development Act sions Foundation to restore and repair the Spanish of 1965: The House agreed that it be in order at colonial and mission-era missions in the State of any time without intervention of any point of order California and to preserve the artworks and artifacts to consider H.R. 2535, to reauthorize and improve of these missions; Pages H9697–99 the program authorized by the Public Works and

VerDate jul 14 2003 04:23 Oct 21, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC3.REC D20OC3 D1146 CONGRESSIONAL RECORD — DAILY DIGEST October 20, 2003 Economic Development Act of 1965, that the bill member, Board of Governors, Federal Reserve Sys- shall be considered as read for amendment; that the tem; and public witnesses. amendment in the nature of a substitute rec- ommended by the Committee on Transportation and FURTHER CONTINUING APPROPRIATIONS, Infrastructure now printed in the bill, modified by FISCAL YEAR 2004 the Blackburn amendment placed at the desk, shall Committee on Rules: Granted, by voice vote, a closed be considered as adopted; that all points of order rule providing 1 hour of debate in the House on against the bill, as amended, shall be waived; that H.J. Res. 73, making further continuing appropria- the previous question shall be considered as ordered tions for fiscal year 2004, equally divided and con- on the bill, as amended, to final passage without in- trolled by the chairman and ranking minority mem- tervening motion except: (1) one hour of debate, and ber of the Committee on Appropriations. The rule (2) one motion to recommit with or without instruc- waivers all points of order against consideration of tions; and the Blackburn amendment shall be con- the joint resolution. Finally, the rule provides one sidered as read for purposes of this unanimous con- motion to recommit. sent request. Page H9707 Energy Policy Act of 2003: Representative Markey OFFSHORING OF HIGH-SKILLED JOBS announced his intention to offer a motion to instruct Committee on Small Business: Held a hearing on the conferees on H.R. 6, to enhance energy conservation Offshoring of High-Skilled Jobs, Part II. Testimony and research and development, to provide for secu- was heard from public witnesses. rity and diversity in the energy supply for the Amer- f ican people. Pages H9707–08 Tax Relief, Simplification, and Equity Act of COMMITTEE MEETINGS FOR TUESDAY, 2003: Representative Woolsey announced her inten- OCTOBER 21, 2003 tion to offer a motion to instruct conferees on H.R. (Committee meetings are open unless otherwise indicated) 1308, to amend the Internal Revenue Code of 1986 to accelerate the increase in the refundability of the Senate child tax credit. Page H9708 Committee on Armed Services: to hold a closed briefing re- garding ongoing military operations and areas of key con- Medicare Prescription Drug and Modernization cern around the world, 9:30 a.m., SR–222. Act of 2003: Representative Brown of Ohio an- Committee on Finance: to hold hearings to examine tax nounced his intention to offer a motion to instruct shelters, and the role of the Federal Government relative conferees on H.R. 1, to amend title XVIII of the So- to the buying and selling of tax shelters, 10 a.m., cial Security Act to provide for a voluntary prescrip- SD–G50. tion drug benefit under the medicare program and Committee on Foreign Relations: to hold hearings to exam- to strengthen and improve the medicare program. ine United Nations Convention on the Law of the Sea, Page H9708 with Annexes, done at Montego Bay, December 10, 1982 (the ‘‘Convention’’), and the Agreement Relating to the Senate Message: Message received from the Senate Implementation of Part XI of the United Nations Con- today appears on page H9689. vention on the Law of the Sea of 10 December 1982, Senate Referral: S. 300 was ordered held at the with Annex, adopted at New York, July 28, 1994 (the desk. Page H9689 ‘‘Agreement’’), and signed by the United States, subject to ratification, on July 29, 1994 (Treaty Doc. 103–39), Adjournment: The House met at 12:30 p.m. and 9:30 a.m., SH–216. adjourned at 11:22 p.m. Subcommittee on International Economic Policy, Ex- port and Trade Promotion, to hold hearings to examine U.S. energy security relating to West Africa and Latin Committee Meetings America, 2:30 p.m., SD–419. BLACKOUTS, HURRICANES, AND OTHER Committee on the Judiciary: to hold hearings to examine DISASTERS—EFFORTS TO PROTECT OUR criminal terrorism investigations and prosecutions relat- MONEY ing to national security, 10 a.m., SD–226. Committee on Financial Services: Subcommittee on House Oversight and Investigations held a hearing entitled Committee on Agriculture, Subcommittee on Department ‘‘Government and Industry Efforts to Protect Our Operations, Oversight, Nutrition, and Forestry, hearing Money During Blackouts, Hurricanes, and Other to review the United States National Arboretum, 9:30 Disasters.’’ Testimony was heard from Wayne A. a.m., 1300 Longworth. Abernathy, Assistant Secretary, Financial Institu- Committee on Armed Services, hearing on Operation Iraqi tions, Department of the Treasury; Mark W. Olson, Freedom: Outside Perspectives, 8 a.m., 2118 Rayburn.

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Subcommittee on Readiness, hearing on Resetting and provide for an exchange of certain private property in Reconstituting the Forces, 2 p.m., 2118 Rayburn. Colorado and certain Federal property in Utah; H.R. Subcommittee on Terrorism, Unconventional Threats 1594, St. Croix National Heritage Area Study Act; H.R. and Capabilities, hearing on C41 Interoperability: New 1618, Arabia Mountain National Heritage Area Act; Challenges in 21st Century Warfare, 11 a.m., 2212 Ray- H.R. 1629, Upper Missouri River Breaks Boundary Clari- burn. fication Act; H.R. 1798, Upper Housatonic Valley Na- Committee on International Relations, hearing on U.S.- tional Heritage Area Act; H.R. 1862, Oil Region Na- China Ties: Reassessing the Economic Relationship, 2 tional Heritage Area Act; H.R. 1964, Highlands Stew- p.m., 2172 Rayburn. ardship Act; H.R. 2424, National Great Black Americans Subcommittee on the Western Hemisphere, hearing on Commemoration Act of 2003; H.R. 2715, to provide for Challenges and Opportunities for U.S. Policy in the necessary improvements to facilities at Yosemite National Western Hemisphere, 1:30 p.m., 2200 Rayburn. Park; and S. 677, Black Canyon of the Gunnison Na- Committee on the Judiciary, Subcommittee on Courts, the tional Park and Gunnison Gorge National Conservation Internet, and Intellectual Property, hearing on H.R. 2723, Ninth Circuit Court of Appeals Judgeship and Re- Area Boundary Revision Act of 2003, 2 p.m., 1334 organization Act of 2003, 2 p.m., 2141 Rayburn. Longworth. Committee on Resources, Subcommittee on Forests and Committee on Small Business, Subcommittee on Rural En- Forest Health, hearing on the following bills: H.R. 2907, terprise, Agriculture and Technology, hearing entitled Northern Arizona National Forest Land Exchange Act of ‘‘Challenges that Small Businesses Face Accessing Home- 2003; and H.R. 3247, Trail Responsibility and Account- land Security Contracts,’’ 10 a.m., 2360 Rayburn. ability for the Improvement of Lands Act of 2003, 10 Committee on Veterans’ Affairs, Subcommittee on Health, a.m., 1334 Longworth. hearing on the Department of Veterans Affairs physician Subcommittee on National Parks, Recreation and Pub- and dentist compensation issues, 2 p.m., 334 Cannon. lic Lands, to mark up the following bills: H.R. 265, Permanent Select Committee on Intelligence, executive, hear- Mount Rainier National Park Boundary Adjustment Act ing on Middle East Issues, 2 p.m., H–405 Capitol. of 2003; H.R. 280, National Aviation Heritage Area Act; Select Committee on Homeland Security, hearing entitled H.R. 532, Rancho Corral de Tierra Golden Gate National ‘‘Funding for First Responders: Ensuring That Federal Recreation Area Boundary Adjustment Act; H.R. 1014, Funds Are Distributed Intelligently,’’ 10:30 a.m., 2318 Gateway Communities Cooperation Act; H.R. 1058, to Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, October 21 9 a.m., Tuesday, October 21

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of H.J. Res 73, morning business (not to extend beyond 10:30 a.m.), Sen- making further continuing appropriations (closed rule, ate will begin consideration of the conference report to one hour of debate). accompany S. 3, Partial Birth Abortion Ban Act, with a vote to occur on adoption of the conference report fol- lowing 4 hours of debate; following which, Senate will continue consideration of the motion to proceed to con- sideration of S. 1751, Class Action Lawsuits. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Hall, Ralph M., Tex., E2097 Pickering, Charles W. ‘‘Chip’’, Miss., E2096 Hastings, Alcee L., Fla., E2095 Reyes, Silvestre, Tex., E2094 Bishop, Timothy H., Jr., N.Y., E2093, E2096 Herger, Wally, Calif., E2093 Ross, Mike, Ark., E2099 Boehlert, Sherwood, N.Y., E2091 Hyde, Henry J., Ill., E2091 Rush, Bobby L., Ill., E2100 Collins, Mac, Ga., E2098 Kanjorski, Paul E., Pa., E2095 Shaw, E. Clay, Jr., Fla., E2092 Costello, Jerry F., Ill., E2092 Kilpatrick, Carolyn C., Mich., E2093 Davis, Susan A., Calif., E2097 Lantos, Tom, Calif., E2089, E2090 Stupak, Bart, Mich., E2095 Davis, Tom, Va., E2089, E2090 Lee, Barbara, Calif., E2089, E2090 Towns, Edolphus, N.Y., E2097 Ehlers, Vernon J., Mich., E2090 McCarthy, Carolyn, N.Y., E2091 Upton, Fred, Mich., E2098 Emanuel, Rahm, Ill., E2099 Meek, Kendrick B., Fla., E2100 Visclosky, Peter J., Ind., E2091 Franks, Trent, Ariz., E2101 Murtha, John P., Pa., E2093, E2095 Wolf, Frank R., Va., E2093 Granger, Kay, Tex., E2092 Neugebauer, Randy, Tex., E2094

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