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

Vol. 149 WASHINGTON, TUESDAY, JUNE 17, 2003 No. 89 House of Representatives The House met at 10:30 a.m. tion for mosquito control programs to pre- laws, this is another example of a set- vent mosquito-borne diseases, and for other f tlement to further erode, rather than purposes. strengthen and uphold. There are about MESSAGE FROM THE SENATE f 50 pending timber sales in roadless A message from the Senate by Mr. MORNING HOUR DEBATES areas in Alaska currently protected Monahan, one of its clerks, announced under the roadless rule that are ready that the Senate has passed without The SPEAKER. Pursuant to the to go forward when the Tongass exemp- amendment bills of the House of the order of the House of January 7, 2003, tion is finalized. following titles: the Chair will now recognize Members Despite the assurances that 95 per- H.R. 519. An act to authorize the Secretary from lists submitted by the majority cent of the Alaska’s forests will be pro- of the Interior to conduct a study of the San and minority leaders for morning hour tected, the remaining 5 percent allows Gabriel River Watershed, and for other pur- debates. The Chair will alternate rec- hundreds of thousands of acres which poses. ognition between the parties, with each are among the most valuable for both H.R. 788. An act to revise the boundary of party limited to not to exceed 30 min- the Glen Canyon National Recreation Area the timber companies and the environ- in the States of Utah and Arizona. utes, and each Member except the ma- ment. This roadless conservation rule The message also announced that the jority leader, the minority leader or was developed during the last 3 years of Senate has passed with amendments in the minority whip limited to not to ex- the Clinton administration. It was fi- which the concurrence of the House is ceed 5 minutes. nalized after the most extensive public requested, a bill of the House of the fol- The Chair recognizes the gentleman outreach process in history. Six hun- lowing title: from Oregon (Mr. BLUMENAUER) for 5 dred public hearings and more than 1.6 minutes. H.R. 733. An act to authorize the Secretary million official comments overwhelm- of the Interior to acquire the McLoughlin f ingly in support of this initiative. House National Historic Site in Oregon City, The rule protects 581⁄2 million acres ROADLESS RULE ROLLBACK Oregon, and to administer the site as a unit of pristine national forests in 39 States. of the National Park System, and for other Mr. BLUMENAUER. Mr. Speaker, In my State alone, in Oregon, 2 million purposes. people who care about the environment acres would have been protected. The message also announced that the were heartened 2 weeks ago when the The independent editorial boards Senate has passed bills of the following administration declared that it would around the country have zeroed in. In titles in which the concurrence of the uphold the Roadless Area Conservation The New York Times, it pointed out House is requested: Rule. But alas, the other shoe dropped. that this is part of a continued assault S. 246. An act to provide that certain Bu- Last week, the administration pro- on environmental protections. From reau of Land Management land shall be held posed exempting Alaska’s national for- day one, the Bush administration has in trust for the Pueblo of Santa Clara and ests from the roadless rule, reopening sought to unravel the intricate tap- the Pueblo of San Ildefonso in the State of them to logging and roadbuilding. Even estry of rules and regulations that New Mexico. S. 500. An act to direct the Secretary of the more troubling, the administration have shielded the national forests from Interior to study certain sites in the historic will also turn over significant author- excessive logging and other commer- district of Beaufort, South Carolina, relating ity over our Federal forests to the cial activities. to the Reconstruction Era. States, allowing governors to provide In the last 6 months alone, the ad- S. 520. An act to authorize the Secretary of for exemptions. ministration has finalized or proposed the Interior to convey certain facilities to Allowing States to exempt them- new rules that would short-circuit en- the Fremont-Madison Irrigation District in selves from our national environmental vironmental reviews, restrict public the State of Idaho. S. 625. An act to authorize the Bureau of laws is not a healthy precedent. States participation in land-use decisions, and Reclamation to conduct certain feasibility have a mixed record when it comes to weaken safeguards for endangered spe- studies in the Tualatin River Basin in Or- environmental stewardship. They are cies. egon, and for other purposes. too often overwhelmed by understand- The administration’s latest target is S. 635. An act to amend the National Trails able local interest from snowmobiles to the roadless rule. The San Franciso System Act to require the Secretary of the timber to water. We need a strong pres- Chronicle pointed out the administra- Interior to update the feasibility and suit- ence. These are, after all, our national tion’s pattern of disingenuousness. The ability studies of four national historic trails, and for other purposes. forests. Bush administration’s doublespeak S. 1015. An act to authorize grants through Rather than the administration’s about the environment reached a new the Centers for Disease Control and Preven- vigorous enforcement of environmental level of shamelessness this week when

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

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VerDate Jan 31 2003 00:54 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.000 H17PT1 H5412 CONGRESSIONAL RECORD — HOUSE June 17, 2003 it announced it was retaining the And in the face of this positive re- they were tended to as well as the eco- roadless rule and then an announce- sponse from the American people, we nomic well-being of those individuals. ment that it would prohibit logging on are going to keep moving our agenda of Those common sense regulations did 95 percent of Alaska’s national forest. job creation, growth and economic op- not shut down Alaska. They protected Let none be fooled. What the Bush ad- portunity to help our citizens fulfill the lands and the people from mining ministration did was carve out huge America’s promise. and timber interests that looked to pil- exceptions and loopholes through a Last week we extended the life of the lage and use the lands for their and not thoroughly vetted and well-balanced, $1,000 child tax credit, extending its America’s own needs. However, until popularly-supported plan to protect the benefits to millions of working and now, large scale timber projects, the ever shrinking swath of untrampled na- middle class families. We took millions cutting sale and removal of timber tional forests. off the Federal tax rolls all together, from the Tongass Forest has been pro- In the Boston Globe last week, Na- and got rid of the child tax credit’s hibited. tional forests are called that because marriage penalty. This Roadless Area Conservation they belong to the Nation as a whole, Our commitment to a family-friendly Rule was created with the tremendous not the governors, and certainly not to Tax Code will not stop there, because outpouring of public support, dem- the administration in Washington, who this week the House will consider legis- onstrated in over 600 public hearings has put a former timber lobbyist in lation to make the 2001 repeal of the that were held around the Nation and charge of them. death tax permanent. After all, if we with more than 1.6 million comments The Minneapolis Star Tribune, the have the right to pass on a family busi- on this rule alone, more than any other administration’s version of the ness or farm to our spouse and chil- rule in the history of our Nation. roadless rule for the National forests to dren, why should our children and Today, in 2003, without public sup- be published later this month, is por- grandchildren not have that same port or comment, the President has re- trayed by its authors as a fine tuning right? Of course they have should, be- vised the roadless rule with an unbal- of what was arguably the Clinton ad- cause economic security does not come anced approach that favors the logging ministration’s most important wilder- with an expiration date. and timber interests over America’s in- ness initiative. Right. It strains credi- Mr. Speaker, the Republican agenda terests and swings the door wide open bility for Clinton’s successors having for economic growth and opportunity for commercial logging, roadbuilding, relentlessly assailed the rule, to claim will create new jobs and improve cur- and development on 58.5 million acres that they are now prepared to accept it rent jobs. That is what the American of unroaded national forests nation- with minor modifications. Indeed, people expect and it is exactly what we wide, one quarter of which are located there is nothing minor about the modi- are delivering. in the Tongass and Chugach National fications the Interior Department out- f Forests. lined. Fine tuning with such changes is ALASKAN EXEMPTION FROM This is being done without any public akin to edging a lawn with a chain saw. ROADLESS AREAS CONSERVA- comment, but, again, when has the will Edging a lawn with a chain saw. Not TION RULE of the majority of the American people fine tuning. mattered to this administration? Mr. Speaker, the American people The SPEAKER pro tempore (Mr. By lifting the roadless rule in these and their forests deserve better. BURGESS). Pursuant to the order of the areas, the Bush administration will de- f House of January 7, 2003, the gen- tleman from New York (Mr. CROWLEY) stroy the Tongass and Chugach, the REAL RESULTS FOR WORKING is recognized during morning hour de- Nation’s two largest National forests FAMILIES bates for 5 minutes. totalling 22 million acres and deprive The SPEAKER pro tempore. Pursu- Mr. CROWLEY. Mr. Speaker, earlier generations of young Americans from ant to the order of the House of Janu- this week the Bush administration re- their national inheritance of the ary 7, 2003, the gentleman from Texas vised the Roadless Area Conservation world’s last remaining old-growth tem- (Mr. DELAY) is recognized during morn- Rule and exempted millions of acres of perate rainforest. ing hour debates for 1 minute. forests throughout our country. In- Essentially, these two forests are the Mr. DELAY. Mr. Speaker, the Amer- cluded in these revisions are areas I re- Amazon of North America. They are ican people are responding to the Re- cently had the pleasure of visiting, in- the last vestiges of pristine wildness. publican party’s economic agenda and cluding the Tongass and the Chugach They are treasures that require vigi- we are responding to their needs. Our National Forests in Alaska, which are lant protection by all Americans. They majority were elected in part to get now set to be turned into the horror of are the best of what we have in Alaska. the economy moving again, and the the ‘‘10-Year Tongass Timber Project’’ And yet, the Forest Service has al- early evidence suggests we are deliv- which I believe is truly a disaster. ready scheduled approximately 50 tim- ering results for working families. As a firsthand witness, I have experi- ber projects in the roadless areas of the On March 11, when the Committee on enced the beauty and the natural won- Tongass National Forest and is set to Ways and Means held its first hearing ders of these two forests in Alaska. The sell Tongass timber as soon as these re- on the President’s Job and Growth Tongass and Chugach Forests boast the visions are finalized. Package, the Standard and Poor’s 500 world’s most intact rain forests with To make the situation worse, accord- Index stood at just above 800. Yester- centuries-old trees providing critical ing to the GAO, these timber sales day it closed above 1,000, a 25 percent habitat for wolves, grizzly bears, wild have been subsidized with hundreds of increase in the stock market in just 3 salmon, bald eagles, and other wildlife millions of taxpayer dollars. I believe months. that have disappeared from many other that maintaining the roadless rule will The long suffering NASDAQ Com- parts of our country. protect not only these forests in Alas- posite Index has risen almost 10 per- In 2001, the roadless rule was drafted ka, but also Federal lands and forests cent just since the President signed the and implemented to balance the inter- in every State in our union. Jobs and Growth Package a few weeks ests of environmental and local labor As a New Yorker, I fear that the slip- ago. All totalled, $1.9 trillion in equity groups so that a small number of tim- pery slope will soon lead to logging and value has been created by the Amer- ber projects already in progress at that road construction in the forests of New ican people in fewer than 100 days. time could be completed. Furthermore, York State, including the wooded areas That is college savings, pension funds at the time the maintenance and re- surrounding the Finger Lakes region. and individual retirement accounts. construction of existing roads was By opening the road to timber and That kind of wealth creation leads to strictly limited to cases of public safe- logging, the President is sending a more investment, which leads to job ty and habitat improvement for wild- message that every protected wildness creation and, ultimately, leads to eco- life, which meant common sense envi- and forest in America is vulnerable to nomic growths. It may be too soon to ronmental regulations were put in attack by profit-hungry interest call this a bull market, Mr. Speaker, place to ensure the health and safety of groups. From Alaska to New York, this but it is starting to move. the residences of these areas where effort must be blocked.

VerDate Jan 31 2003 02:46 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.002 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5413 Environmental policy has a lasting guess, because the agency charged with found so I could gloat over having been effect on succeeding generations. The examining the accounting statements right when I said in September that I risk of causing irreparable damage is of the Federal Government cannot even thought indeed the President would high. These policies must be developed express an opinion because record- mislead the American people on the with the goal of balancing the interests keeping and controls are so shoddy. way to Iraq. of labor, industry, and the environ- Yet, we ask the private sector to keep Of course, the answer is that I hope ment, not with the goal of increasing accurate records, and if they do not, that no weapons are there to be found. timber sales. they are held accountable. I hope we are never in danger and that It is amazing that the greatest con- Mr. Speaker, we cannot even accu- we were not in danger and that our servation President in the history of rately state how much waste, fraud and troops were never in danger, and that our country was a Republican, Presi- abuse occurs in this Federal Govern- Saddam Hussein, despite his aspira- dent Theodore Roosevelt, while we are ment. Conservative estimates range at tions, was not on his way of becoming now seeing the greatest anti-environ- 20 billion plus. The government penal- the Saladin of the 21st century. Who mental President in another Repub- izes private companies for poor ac- would not prefer a world with fewer lican, George Bush. counting, but when a Federal agency weapons in the hands of dictators? And Mr. Speaker, the former poet lau- cannot account for billions that it has if there were weapons, all Americans reate of Colorado and singer/songwriter spent, what do we do? We give them an want them found and destroyed. John Denver said, ‘‘To the mountains I increased appropriations for the fol- The President himself seems to have confess there; to the rivers I will be lowing year. We should not do this retreated from the claim that the U.S. strong; to the forests, I find peace without strict accounting of these Fed- was in imminent danger from the Iraqi there; to the wild country I belong.’’ eral agencies. weapons of mass destruction. Now he is f The President issued his Manage- speaking of existence of a weapons pro- ment Agenda designed to emphasize gram, not of armed missiles and gal- NO ACCOUNTING FOR WASTE, that clean financial records are key to lons of nerve gas. FRAUD, AND ABUSE IN GOVERN- a ‘‘well managed organization.’’ I ap- Mr. Speaker, 11 young Americans MENT plaud the President’s efforts in this have died in Iraq in the past 15 days. The SPEAKER pro tempore. Pursu- area as it is a daunting task to reform Fifty have died since the President de- ant to the order of the House of Janu- such a bureaucratic beast. The govern- clared the war over. A total of 180 ary 7, 2003, the gentleman from Florida ment requires its citizens every year to Americans and 45 coalition troops have (Mr. STEARNS) is recognized during pay an ever-increasing burden in Fed- died. What does it mean that 180 young morning hour debates for 5 minutes. eral taxes and users fees for expanding Americans have died in Iraq? Did they Mr. STEARNS. Mr. Speaker, as we Federal programs. The least we could die to bring democracy to someone begin our debate in our committees on do is to accurately report how the else’s country or to stop Saddam Hus- reforming Medicare, one of the issues money is spent. sein’s terrible human rights abuses? that will be highlighted is the waste, We must do this in Congress, put in Mr. Speaker, I am glad that Hussein fraud and abuse that has plagued this place accounting procedures so we can is gone, and I believe that nearly all program for decades. But this Feder- determine what the government owns, Iraqis are glad that he’s gone. But I do ally-mandated managed program is not what it spends; and then and only then not think that the young Americans the only source of wasteful spending in can we determine where the waste, who died in Iraq signed up to fight waste, fraud and abuse. Frankly, the fraud and abuse is and save, ulti- against tyranny in general. They entire government endures this ramp- mately, the hard-earned money of the signed up to protect this country and ant problem also. taxpayers. our country, their own country. In March of this year, GAO sub- f In light of this where do we go? If mitted its report on the United States this were still the Clinton administra- government’s consolidated financial AMERICA IS WAITING FOR AN tion, there would be a highly publicized statement for fiscal year 2001 and 2002. ANSWER investigation coming out of every com- Not surprisingly, GAO could not ex- The SPEAKER pro tempore. Pursu- mittee in this House, including Small press its opinion on these statements ant to the order of the House of Janu- Business and Agriculture. There would due to ‘‘material weaknesses in inter- ary 7, 2003, the gentleman from Wash- be calls for special prosecutors, for res- nal control and in accounting and re- ington (Mr. MCDERMOTT) is recognized ignation, for impeachment. porting.’’ during morning hour debates for 5 min- President Bush puts great store in It is the accounting and reporting utes. personal responsibility, and I believe that particularly appalls me. In the Mr. MCDERMOTT. Mr. Speaker, I ask the time is long past for the President past 2 years, we have seen what hap- unanimous consent to enter into the to take responsibility and level with pens with poor accounting and report- record a letter by the gentleman from the American people. Did the President ing in the corporate world, but it ap- California (Mr. WAXMAN) to believe that Iraq was so likely to pose pears that the accounting irregular- Condoleezza Rice, the Security Advisor a danger in the future that it was okay ities continue to run rampant in the to the President, because it contains to play fast and loose with the Con- Federal Government as well. These some questions I think are important. gress, the U.N. and the American peo- irregularities and lack of internal con- The other night I was on Crossfire, ple to get approval to go to war? trols result in ‘‘hampering the Federal and Robert Novak asked me whether I Was the President misled by bad in- Government’s ability to accurately re- thought it would be a good thing or a telligence? Was he misled by advisors port assets, liabilities and costs.’’ bad thing if weapons of mass destruc- who had prejudged the facts, or was In addition, such problems prevent tion were found in Iraq. The show there solid, credible intelligence that accurate reporting of the cost and per- moved on before I could answer, but it just unaccountably turned up to be ac- formance of certain Federal programs. was an interesting question. I think curate? We need to know. That is, we cannot even determine what he was getting at is whether I If the President’s information was what our government owns, what it ac- would feel better if I knew the Presi- bad, we need to know what steps are curately spends each year. GAO goes so dent were right all along and that being taken to dismiss those who pro- far as to state that as a result of these there were huge stockpiles of anthrax vided and vouched for it. If the Presi- material deficiencies, that the and nerve gas and missiles armed with dent decided that future dangers were amounts reported in the consolidate fi- bioweapons ready to be launched 45 so great that misleading us about the nancial statements ‘‘may not be reli- minutes and a latterday Manhattan present danger was warranted, we need able.’’ Project hidden under a stadium some- him to take responsibility for that de- So if a person wanted to see what the where. cision. We need the President to ex- consolidated financial statements of a He was really asking if I would feel plain to us and to the world why 180 particular agency that reported, they better knowing that I had not been young Americans are dead and why might as well take a scientific wild misled or if I were rather nothing were U.S. credibility is eroding all over the

VerDate Jan 31 2003 02:48 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.004 H17PT1 H5414 CONGRESSIONAL RECORD — HOUSE June 17, 2003 world. I am waiting to hear from the had come up with some documents pur- were other attempts to get yellowcake from President, the Congress is waiting, and porting to show Saddam had attempted to Africa.’’ 180 American families are waiting to buy up to 500 tons of uranium oxide from the This answer does not explain the Presi- dent’s statement in the State of the Union hear. African country of Niger. INR had concluded that the purchases were implausible—and address. In his State of the Union address, HOUSE OF REPRESENTATIVES, made that point clear to Powell’s office. As the President referred specifically to the evi- COMMITTEE ON GOVERNMENT REFORM, Thielmann read that the president had relied dence from the British. He stated: ‘‘The Brit- Washington, DC, June 10, 2003. on these documents to report to the nation, ish government has learned that Saddam Hon. CONDOLEEZA RICE, he thought, ‘‘Not that stupid piece of gar- Hussein recently sought significant quan- Assistant to the President for National Security bage. My thought was, how did that get into tities of uranium from Africa.’’ Presumably, Affairs, the White House, Washington, DC. the speech?’’ the President would use the best available DEAR DR. RICE: Since March 17, 2003, I have Moreover, New York Times columnist evidence in his State of the Union address to been trying without success to get a direct Nicholas D. Kristof has reported that the Congress and the nation. It would make no answer to one simple question: Why did Vice President’s office was aware of the sense for him to cite forged evidence ob- President Bush cite forged evidence about fraudulent nature of the evidence as early as tained from the British if, in fact, the United Iraq’s nuclear capabilities in his State of the February 2002—nearly a year before the States had other reliable evidence that he Union address? President gave his State of the Union ad- could have cited. Although you addressed this issue on Sun- dress. In his column, Mr. Kristof reported: Moreover, contrary to your assertion, day on both Meet the Press and This Week ‘‘I’m told by a person involved in the Niger there does not appear to be any other spe- with George Stephanopoulos, your comments caper that more than a year ago the vice cific and credible evidence that Iraq sought did nothing to clarify this issue. In fact, president’s office asked for an investigation to obtain uranium from an African country. your responses contradicted other known of the uranium deal, so a former U.S. ambas- The Administration has not provided any facts and raised a host of new questions. sador to Africa was dispatched to Niger. In such evidence to me or my staff despite our During your interviews, you said the Bush February 2002, according to someone present repeated requests. To the contrary, the State Administration, welcomes inquiries into this at the meetings, that envoy reported to the Department wrote me that the ‘‘other matter. Yesterday, the Washington Post also C.I.A. and State Department that the infor- source’’ of this claim was another Western reported that Director of Central Intel- mation was unequivocally wrong and that European ally. But as the State Department ligence George Tenet has agreed to provide the documents had been forged. The envoy acknowledged in its letter, ‘‘the second ‘‘full documentation’’ of the intelligence in- reported, for example, that a Niger minister Western European government had based its formation ‘‘in regards to Secretary Powell’s whose signature was on one of the docu- assessment on the evidence already available comments, the president’s comments and ments had in fact been out of office for more to the U.S. that was subsequently discred- anybody else’s comments.’’ Consistent with than a decade. . . . The envoy’s debunking of ited.’’ these sentiments, I am writing to seek fur- the forgery was passed around the adminis- The International Atomic Energy Agency ther information about this important mat- tration and seemed to be accepted—except (IAEA) also found no other evidence indi- ter. that President Bush and the State Depart- cating that Iraq sought to obtain uranium from Niger. The evidence in U.S. possession The forged documents in question describe ment kept citing it anyway. ‘‘It’s disingen- that Iraq had sought to obtain uranium from efforts by Iraq to obtain uranium from an uous for the State Department people to say Niger was transmitted to the IAEA. After re- African country, Niger. During your inter- they were bamboozled because they knew viewing all the evidence provided by the views over the weekend, you asserted that no about this for a year,’’ one insider said.’’ doubts or suspicions about these efforts or When you were asked about Mr. Kristof’s United States, the IAEA reported: ‘‘We have the underlying documents were commu- account, you did not deny his reporting. In- to date found no evidence or plausible indi- nicated to senior officials in the Bush Ad- stead, you conceded that ‘‘the Vice Presi- cation of the revival of a nuclear weapons ministration before the President’s State of dent’s office may have asked for that re- programme in Iraq.’’ Ultimately, the IAEA concluded: ‘‘These specific allegations are the Union address. For example, when you port.’’ were asked about this issue on Meet the It is also clear that CIA officials doubted unfounded.’’ As the discussion above indicates, your an- Press, you made the following statement: the evidence. The Washington Post reported swers on the Sunday talk shows conflict ‘‘We did not know at the time—no one on March 22 that CIA officials ‘‘commu- with other reports and raise many new knew at the time, in our circles—maybe nicated significant doubts to the administra- issues. To help address these issues, I request someone knew down in the bowels of the tion about the evidence.’’ The Los Angeles agency, but no one in our circles knew that answers to the following questions: Times reported on March 15 that ‘‘the CIA 1. On Meet the Press, you said that ‘‘maybe there were doubts and suspicions that this first heard allegations that Iraq was seeking might be a forgery. Of course, it was infor- someone knew down in the bowels of the uranium from Niger in late 2001,’’ when ‘‘the agency’’ that the evidence cited by the Presi- mation that was mistaken.’’ existence of the documents was reported to Similarly, when you appeared on This dent about Iraq’s attempts to obtain ura- [the CIA] second- or third-hand.’’ The Los nium from Africa was suspect. Please iden- Week, you repeated this statement, claiming Angeles Times quoted a CIA official as say- that you made multiple inquiries of the in- tify the individual or individuals in the Ad- ing: ‘‘We included that in some of our report- ministration who, prior to the President’s telligence agencies regarding the allegation ing, although it was all caveated because we that Iraq sought to obtain uranium from an State of the Union address, had expressed had concerns about the accuracy of that in- doubts about the validity of the evidence or African country. You stated: formation.’’ ‘‘George, somebody, somebody down may the credibility of the claim. With all respect, this is not a situation 2. Please identify any individuals in the have known. But I will tell you that when like the pre-9/11 evidence that al-Qaeda was Administration who, prior to the President’s this issue was raised with the intelligence planning to hijack planes and crash them State of the Union address, were briefed or community . . . the intelligence community into buildings. When you were asked about otherwise made aware that an individual or did not know at that time, or at levels that his on May 17, 2002, you said: individuals in the Administration had ex- got to us, that this, that there were serious ‘‘As you might imagine . . . a lot of things pressed doubts about the validity of the evi- questions about this report.’’ are prepared within agencies. They’re dis- dence or the credibility of the claim. Your claims, however, are directly contra- tributed internally, they’re worked inter- 3. On This Week, you said there was other dicted by other evidence. Contrary to your nally. It’s unusual that anything like that evidence besides the forged evidence that assertion, senior Administration officials would get to the president. He doesn’t recall Iraq was trying to obtain uranium from Afri- had serious doubts about the forged evidence seeing anything. I don’t recall seeing any- ca. Please provide this other evidence. well before the President’s State of the thing of this kind.’’ 4. When you were asked about reports that Union address. For example, Greg That answer may be given more deference Vice President Cheney sent a former ambas- Thielmann, Director of the Office of Stra- when the evidence in question is known only sador to Niger to investigate the evidence, tegic, Proliferation, and Military Issues in by a field agent in an FBI bureau in Phoenix, you stated ‘‘the Vice President’s office may the State Department, told Newsweek last Arizona, whose suspicions are not adequately have asked for that report.’’ In light of this week that the State Department’s Bureau of understood by officials in Washington. But it comment, please address: (a) Whether Vice Intelligence and Research (INR) had con- is simply not credible here. Contrary to your President Cheney or his office requested an cluded the documents were ‘‘garbage.’’ As public statements, senior officials in the in- investigation into claims that Iraq may have you surely know, INR is part of what you telligence community in Washington knew attempted to obtain nuclear material from call ‘‘the intelligence community.’’ It is the forged evidence was unreliable before the Africa, and when any such request was made; headed by an Assistant Secretary of State, President used the evidence in the State of (b) Whether a current or former U.S. ambas- Carl Ford; it reports directly to the Sec- the Union address. sador to Africa, or any other current or retary of State; and it was a full participant In addition to denying that senior officials former government official or agent, trav- in the debate over Iraq’s nuclear capabili- were aware that the President was citing eled to Niger or otherwise investigated ties. According to Newsweek. forged evidence, you also claimed (1) ‘‘there claims that Iraq may have attempted to ob- ‘‘What I saw that, it really blew me away,’’ were also other sources that said that there tain nuclear material from Niger; and (c) Thielmann told Newsweek. Thielmann knew were, the Iraqis were seeking yellowcake— What conclusions or findings, if any, were re- about the source of the allegation. The CIA uranium oxide—from Africa’’ and (2) ‘‘there ported to the Vice President, his office, or

VerDate Jan 31 2003 00:54 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.044 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5415 other U.S. officials as a result of the inves- Mr. Speaker, I want to commend Na- from the data. They are unclassified. tigation, and when any such conclusions or poleon Black, Allen Black, Jr., Cecil They might be there. They might not. findings were reported. Greene, Jr., and everyone involved in They might be passable; they might On Sunday, you stated that ‘‘there is now a lot of revisionism that says, there was dis- the Echo’s success. I look forward to not. They have not had a chance to go agreement on this data point, or disagree- many more years of success for the out and look lately. Yet they are pro- ment on that data point.’’ I disagree strong- Lincoln Echo. posing under the Bush administration ly with this characterization. I am not rais- Mrs. CAPITO. Mr. Speaker, I yield to to begin a new phase of road building. ing questions about the validity of an iso- the gentleman from Virginia (Mr. Well, how is that? lated ‘‘data point,’’ and the issue is not SCHROCK). Well, we heard a couple of weeks ago whether the war in Iraq was justified or not. Mr. SCHROCK. Mr. Speaker, I thank they will uphold the Clinton Roadless What I want to know is the answer to a the gentlewoman for yielding to me. Rule. And I had some folks in Oregon simple question: Why did the President use Mr. Speaker, the capital markets do say to me, We cannot believe that the forged evidence in the State of the Union ad- dress? This is a question that bears directly not much care for indecision. When a Bush administration will uphold the on the credibility of the United States, and company or industry is in regulatory Clinton roadless rule. And I said, Well, it should be answered in a prompt and forth- flux, the industry is basically forced to there were an incredible number of right manner, with full disclosure of all the be at a standstill. That is what is hap- comments on that rule, over 2.2 mil- relevant facts. pening today with the telecommuni- lion, over 600 public meetings. It was Thank you for your assistance in this mat- cations industry. hard fought, well constructed, well ter. The Federal Communications Com- thought out, and it was very popular Sincerely, mission voted on February 20, 2003 to among most folks in the western HENRY A. WAXMAN, Ranking Minority Member. make changes to the way it regulates United States. And yet, I said, it does telecommunications carriers. Many of seem unusual. f the changes were very significant, but Well, it turns out, no, they are not MEDICARE REFORM the FCC is dragging its feet. These de- really going to uphold the roadless The SPEAKER pro tempore. Pursu- cisions will drive the short and long rule. They will immediately put in ant to the order of the House of Janu- term future of the telecom industry. place exceptions for the Chugach and ary 7, 2003, the gentlewoman from West The industry, however, is stymied be- the Tongass Forests in Alaska, 300,000 Virginia (Mrs. CAPITO) is recognized cause the FCC, while having voted on acres. Except 300,000 acres of timber during morning hour debates for 5 min- the issue, has yet to issue the rules. harvest with roads in the Tongass For- utes. This is quite unusual as texts of orders est will affect well over a million acres Mrs. CAPITO. Mr. Speaker, both are issued usually within weeks or even of land with fragmentation and eroding houses of Congress are continuing the days of the date that the item is voted and other problems, perhaps even difficult task of drafting comprehen- on. more. And, of course, there is the ex- sive Medicare reform legislation this Here we are, almost 4 months later, pense that comes with that. And then week. and we still have no rules issued. It in the Lower 48 they will have a na- I urge my colleagues on both sides of takes less time for a pig from time of tional policy, sort of, except they will the aisle to keep moving forward in the conception to time of birth than it has develop an exception process where spirit of compromise on this extremely taken the FCC to give birth to the Governors can ask for exceptions on important issue. written words embodying the agree- Federal lands for the roadless rule. Mr. Speaker, as time passes, the ex- ments voted on in February. What kind of national policy is this? pectations of our constituencies con- The FCC needs to stop this nonsen- At the same time they are staring in tinue to grow. We cannot return to our sical delay and issue its orders so the the face of an over $10 billion backlog, respective districts on the Fourth of industry can get back to the business which they have no intention of deal- July without some news of progress in of building infrastructure and serving ing with because, of course, there is no the halls of Congress on a prescription the telecommunications users of this money to deal with thinning or fire drug plan for our seniors through Medi- Nation. protection or even fighting forest fires, care. f and particularly low on the totem pole Our colleagues in the other body is road construction. Every year the SAVE OUR FORESTS have set the goal of reaching an agree- road maintenance unanimous money is ment by the next recess, and I strongly The SPEAKER pro tempore. Pursu- stolen and used to fight fires, and they urge my colleagues in this body to ant to the order of the House of Janu- do not put the money back, and they work on a bipartisan basis in order to ary 7, 2003, the gentleman from Oregon never get around to it; and the backlog reach a compromise. (Mr. DEFAZIO) is recognized during has grown by $2 billion since this Presi- Mr. Speaker, this is not a partisan morning hour debates for 5 minutes. dent has been in office. issue and we can not allow it to fail be- Mr. DEFAZIO. Mr. Speaker, the Bush The roads are unsafe. They are crum- cause of partisan differences. administration is about to open up our bling. They are causing all sorts of Mr. Speaker, I yield to the gentleman national forests to a new phase of road problems with erosion into pristine from Arkansas (Mr. BOOZMAN). building. Now, in preparation for com- streams. They need culvert work. They Mr. BOOZMAN. Mr. Speaker, I rise menting on this, I had my staff check will erode worse without the culvert today to honor the Lincoln Echo News- because the last time I had checked work. And yet this administration paper for 10 years of service to Fort with the Forest Service, they had an 8 wants to go on another road-building Smith, Arkansas. billion, not million, $8 billion backlog binge to fragment up the little bit of Last week, the Lincoln Echo cele- on maintenance on Federal forest remaining roadless area in the United brated its 10-year anniversary. It began roads. Hundreds of thousands of miles States. Just like Gale Norton recently with the mission of unifying Fort of road, crisscrossing the United said that all of the wilderness areas Smith’s African-American community. States, the West, and yet they have an under study by the BLM would no When the paper was sold in 2001, its $8 billion backlog. longer be studied for wilderness value. mission statement changed to reflect Now, the Forest Service said yester- The Forest Service, under the direction the changes in Fort Smith. Their new day said, no, no, no, the Congressman of this administration, wants to make aim became to unify Fort Smith’s di- is wrong. It is not 8 billion. We just re- certain they put in enough roads before verse communities. calculated it. And I thought, well, this this President leaves office, to frag- Their work has been noticed not only will be good news. It is $10.5 billion. ment that up so those areas can never in Fort Smith but around the country, The Forest Service has a $10.5 billion again be considered for roadless or reaching over 25,000 readers in 29 dif- backlog on Forest Service roads. Of the wildness designation. ferent States. This paper has preached 382,000 miles of roads, only 21 percent This is wrong-headed policy at the the importance of unity in our neigh- meet their maintenance standards; 50 wrong time. This administration borhoods and continuously relays a percent are declared unsafe for driving; should do what it said it was going to positive message to all of its readers. and 50,000 miles of roads are missing do, uphold the roadless rule in all of

VerDate Jan 31 2003 00:54 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.007 H17PT1 H5416 CONGRESSIONAL RECORD — HOUSE June 17, 2003 the States, and then it should begin to ter, responded with the very clear and areas that are now subject to the deal with the very real needs of the dramatic message, preserve these last roadless area rule. Forest Service, to deal with its mainte- remaining virgin pristine areas. Over 96 Our message from Washington State nance backlog. Some of these roads percent of Americans who addressed is, Theodore and Franklin deserve pro- need dramatic amounts of work in the this issue had a single message for the tection, and their cousins in Alaska de- short term. I have some in my district President of the United States: keep serve protection, and every tree in that have been promised for several the clear-cutting and the bulldozers these protected roadless areas deserve years that roads, washed out in flood 5 out of these remaining forests. And we protection. I hope my colleagues will years ago would be rebuilt; and yet the got some good news rhetorically from join me in co-sponsoring this bill and money, as I say, each summer has been the administration because rhetori- send a message to the administration, taken away and spent on fighting for- cally the administration said that they we want the roadless area, not just est fires because there is not enough are going to keep the roadless area pieces. money in the budget to fight forest rule. But, it is one of those big ‘‘buts’’ f fires because, of course, the adminis- that you hear so much of in life; they tration has no money because they were going to slash and burn by ex- RECESS have given it away in tax cuts to all empting Alaska. And they were going The SPEAKER pro tempore. Pursu- the rich people. So this is a pretty to slash and burn by exempting other ant to clause 12(a) of rule I, the Chair strange way to run a country and make States, as long as in some process, it declares the House in recess until noon a policy on Federal lands that are so remains uncertain, the Governor of today. precious to the heritage and to the en- that State wanted to exempt that par- Accordingly (at 11 o’clock and 10 vironmental future of our Nation. ticular State. minutes a.m.), the House stood in re- f In fact, some of the biggest tracts, in cess until noon today. fact, the biggest tracts, the most bio- f ROADLESS AREA CONSERVATION logically intact tracts of land in the ACT OF 2003 world for temperate forests are in the b 1200 The SPEAKER pro tempore. Pursu- Tongass and Chugach National Forests AFTER RECESS ant to the order of the House of Janu- which are right now protected by the ary 7, 2003, the gentleman from Wash- roadless area rule, which if the Presi- The recess having expired, the House ington (Mr. INSLEE) is recognized dur- dent has his way will no longer be pro- was called to order by the Speaker pro ing morning hour debates for 5 min- tected. These are the most biologically tempore (Mrs. BIGGERT) at noon. utes. productive rain forests in the world f Mr. INSLEE. Mr. Speaker, as I fly that the administration wants to now PRAYER across America, which I do every Mon- open up to clear-cutting and road day and Friday from Seattle to Dulles building, to strip away the protection Dr. David Halpern, Rabbi, Flatbush Airport, every time I fly I realize what that over 2 million Americans spoke so Park Jewish Center, Brooklyn, New a beautiful country we have, truly the loudly to keep, and that is just wrong. York, offered the following prayer: most beautiful one both for our democ- It is wrong because Americans do not Our Father, Sovereign of the world, racy and in our beautiful lands. And want it, and it is wrong because it vio- we stand in the House of freely elected those lands now are still at risk be- lates the whole spirit of the roadless representatives of all the American cause the current administration, as area rule. people. These men and women, dedi- the gentleman from Oregon (Mr. You cannot say you are going to up- cated and strong, have accepted the DEFAZIO) so well laid out, threatens to hold the roadless area rule and then awesome burden of promulgating the violate the roadless area rule and vio- strip out the largest forests in the laws by which our free society lives late the very clear desires of Ameri- United States from its protection. It is and shall live. They wear this mantel cans to protect the last remaining pris- kind of like the President saying, We of leadership in profoundly perilous tine areas in our national forests. will have the No Child Left Behind Act, times. Now, we have an opportunity to stop but we will exempt the children in The threat to human security wears this administration from gutting the Alaska because they are some kind of many faces: Tyranny, terror, religious roadless area rule. And I hope that my lesser Americans, and then we will also oppression, racial tension, disease, colleagues will join the gentleman exempt the States where Governors say hunger and despair. We seek the solu- from New York (Mr. BOEHLERT) and we do not want to have this protection tion to these problems. We search dili- myself in co-sponsoring the Roadless of No Child Left Behind. gently for the road to peace, for the Area Conservation Act of 2003. We believe that all American forests, path to harmonious living, for the This bill will simply incorporate the including Alaska, including all 50 means to achieve human dignity for us existing rule that protects the last re- States, are entitled to the roadless all created in Thine image. maining one-third of our national for- area rule. May we always remember that to ests that truly are the crown jewels of Now, in my State of Washington, we safeguard our own freedom, we must our national forest system. And it will are kind of proud of our forests too. We speak out against oppression, and, protect by preventing future road have three very beautiful roadless area where warranted, even take up arms building, road building that has al- rules that we want to see statutorily against it. To enjoy the blessings of ready covered 360,000 miles of roads in protected, protected by a law passed by our own wealth, we must also provide our national forests already, most of Congress so that no President of either for the underprivileged and the needy. which are built for timber harvest, party in the future can cave in to spe- To be truly strong requires more than much of which is no longer usable. At cial interests to allow clear-cutting in strength of arms, it requires strength least 60,000 of those miles of road are these forests. These are in the Colville of spirit. no longer usable by anyone, even National Forest, they are in the Dark Almost six decades have passed since though they were used and built with Divide area in the Gifford Pinchot Na- the age of the Nazi death camps, the taxpayer money. That is enough road tional Forest, and my personal favor- places where 6 million Jewish men, to go around the world 16 times already ite, the Olympic National Forest close women and children had their lives in our national forests. to where I live in Kitsap County, Wash- cruelly and brutally ended, their only Now, in response to that, Americans ington. sin that they were born Jewish. The came out in droves over the last 3 In that forest there are two trees at world has watched helplessly as in the years at over 600 public meetings held the end of a trail in this roadless area, last decade hundreds of thousands of by the Federal Government to ask two beautiful Douglas firs. They are different nationalities and ethnic Americans what they wanted to do about maybe 8 feet in diameter. Incred- groups have been slaughtered. We pray with their national forests. At those ible trees. We call them Theodore and that the destruction of man by his fel- over-600 meetings of 2 million Ameri- Franklin after the Roosevelts who were low because of religious beliefs or ra- cans, both in person and by e-mail let- so responsible for protecting these cial origins will be known no more;

VerDate Jan 31 2003 00:54 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.007 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5417 that people of different religious paths Rabbi David Halpern, who offered our WELCOMING DR. DAVID HALPERN, may learn to live side-by-side in peace opening prayer. I thank him for his RABBI, FLATBUSH PARK JEWISH and in harmony. thoughtful invocation. CENTER, BROOKLYN, NEW YORK We ask Thy blessing upon these Madam Speaker, Rabbi Halpern’s ac- (Mr. WEINER asked and was given members of our Congress, the spiritual complishments in his community of permission to address the House for 1 heirs of those who were so instru- Flatbush, Brooklyn, have touched minute and to revise and extend his re- mental in bestowing upon the seed of many lives across the Nation, and his marks.) Israel the restoration of their home- work merits national recognition. Mr. WEINER. Madam Speaker, it is land. We pray that our President will He leads the Flatbush Park Jewish not usual that a relatively young man succeed in his determined mission of Center. He is the Principal of the reli- like myself can say that I have known building peace with security and of gious school there, which he helped someone well for nearly 20 years, but it shining the bright light of freedom found in 1952. He sought to create a is in that spirit that I welcome Rabbi upon that benighted part of the world. place where religiously observant and David Halpern here this morning and Grant that our President and Vice religiously curious alike can feel com- thank him for his thoughtful words. President and all our elected leaders fortable; to advance the goal of Jewish Brooklyn is full of distinguished spir- will be blessed with clear vision to see learning; and to support Jewish causes itual leaders, and Rabbi Halpern stands and understand the future, and the around our country and around the out as a giant among them. Rabbi courage and heart to make it a blessed globe. He also served as a Chaplain in Halpern is a past President of the Rab- and beautiful reality. the 71st Infantry of the 42nd Division of binical Board of Flatbush, where he We pray in the words of Isaiah: May served as Chairman of the Board’s the spirit of the Lord rest upon us, the the National Guard for 10 years, and he sits on the New York board of Rabbis. Membership Committee for 13 years. spirit of wisdom and understanding, He is also a prominent member of other Madam Speaker, the esteem in which the spirit of counsel and strength, the Rabbinical organizations and the Rab- the Flatbush Park Jewish Center is spirit of knowledge and fear of the binical Council of the United States. Lord. Amen. held indicates that Rabbi Halpern’s ef- He is widely respected and recognized f forts have been an unqualified success. for his intellect and wisdom, but, if In recognition of his sense of compas- THE JOURNAL there is one thing that distinguishes sion and leadership, he was chosen to Rabbi Halpern, it is dedication not The SPEAKER pro tempore. The speak on behalf of the community of only to his faith, but in particular to Chair has examined the Journal of the Flatbush in the wake of the 9/11 trag- his congregants and his community. last day’s proceedings and announces edy. More than 50 years ago, Rabbi Halpern to the House her approval thereof. Madam Speaker, I am delighted that became the first Rabbi of the Flatbush Pursuant to clause 1, rule I, the Jour- he was able to share some of his wis- Park Jewish Center. And more than 50 nal stands approved. dom and grace with us today. We ad- years later, Rabbi Halpern is still Mr. KLINE. Madam Speaker, pursu- mire his commitment to his faith and there, and the community is stronger ant to clause 1, rule I, I demand a vote to his community. than ever. on agreeing to the Speaker’s approval Under his leadership, Flatbush Park of the Journal. f has grown from a gathering of only 65 The SPEAKER pro tempore. The families in a rented store into a Mod- question is on the Speaker’s approval ern Orthodox congregation of more of the Journal. MODERNIZING MEDICARE than 500 family members. Today, there The question was taken; and the (Mr. GINGREY asked and was given are thousands of people in Brooklyn Speaker pro tempore announced that permission to address the House for 1 and beyond whose spiritual lives were the ayes appeared to have it. minute and to revise and extend his re- Mr. KLINE. Madam Speaker, I object shaped by Rabbi Halpern. marks.) As hard as I try to express what to the vote on the ground that a Mr. GINGREY. Madam Speaker, I Rabbi Halpern means to this commu- quorum is not present and make the rise today to address the House in sup- nity, the ultimate testament is how point of order that a quorum is not port of the Medicare Modernization and many people joined him on his journey present. The SPEAKER pro tempore. Pursu- Prescription Drug Act, which will be to Washington today. Dozens from his ant to clause 8, rule XX, further pro- marked up in the Committee on Ways community, as well as distinguished ceedings on this question will be post- and Means and the Committee on En- Rabbis, are here in his honor, and it is poned. ergy and Commerce this morning. my particular pleasure to welcome The point of no quorum is considered Modernizing Medicare with a pre- Rabbi Halpern’s wife Sheila, his son withdrawn. scription drug benefit puts a down pay- Neil, his daughters Risa and Beth, his son-in-law Dennis and his grand- f ment on a healthy future for Ameri- cans. The House has an historic oppor- daughter Lauren who are in Wash- PLEDGE OF ALLEGIANCE tunity to bring up to date our health ington on this most important occa- The SPEAKER pro tempore. Will the care system for millions of seniors. sion. In closing, on behalf of the United gentleman from California (Mr. LAN- The bill that will soon be before this States House of Representatives and TOS) come forward and lead the House House reflects the compassionate con- our grateful community, I would like in the Pledge of Allegiance. servatism of my party. It is compas- to thank Rabbi Halpern for his elo- Mr. LANTOS led the Pledge of Alle- sionate because it is providing much quent words this morning and for his giance as follows: needed prescription drug coverage to service to our whole country. I pledge allegiance to the Flag of the Americans on a fixed income. It is con- United States of America, and to the Repub- servative because prescription drugs f lic for which it stands, one nation under God, often provide the ounce of prevention HONORING JACKSON TOBISKA, 2003 indivisible, with liberty and justice for all. that beats the pound of cure. It is con- PRESIDENTIAL SCHOLAR f servative because this legislation will (Ms. LORETTA SANCHEZ of Cali- WELCOMING DR. DAVID HALPERN, serve the people today without break- fornia asked and was given permission RABBI, FLATBUSH PARK JEWISH ing the bank tomorrow. It makes no fi- to address the House for 1 minute and CENTER, BROOKLYN, NEW YORK nancial sense to cover astronomically to revise and extend her remarks.) (Mr. LANTOS asked and was given expensive surgery and not cover drugs Mr. LORETTA SANCHEZ of Cali- permission to address the House for 1 that could have prevented that sur- fornia. Madam Speaker, I rise today to minute and to revise and extend his re- gery. honor Jackson Tobiska, a senior at Or- marks.) We have promised a benefit to our ange County’s High School of the Arts, Mr. LANTOS. Madam Speaker, I am seniors for years. This year, this year, for being selected as a 2003 Presidential pleased to welcome to the Chamber Madam Speaker, it is time to deliver. Scholar.

VerDate Jan 31 2003 00:54 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.009 H17PT1 H5418 CONGRESSIONAL RECORD — HOUSE June 17, 2003 Jackson is one of 137 winners of this Any record vote on postponed ques- ies of this resolution to the University of very prestigious award, selected na- tions will be taken later today. Minnesota Duluth for appropriate display and to transmit an enrolled copy of this res- tionally by a 32 member commission. It f is comprised of leaders in education, olution to each coach and member of the COMMENDING THE UNIVERSITY OF NCAA 2003 National Collegiate Women’s Ice medicine, law, social services and gov- MINNESOTA DULUTH BULLDOGS Hockey Championship team. ernment, and they select the scholars. FOR WINNING THE NCAA 2003 NA- The SPEAKER pro tempore. Pursu- The scholars are selected based on TIONAL COLLEGIATE WOMEN’S ant to the rule, the gentleman from their academic skills, on their commu- ICE HOCKEY CHAMPIONSHIP Minnesota (Mr. KLINE) and the gentle- nity service, and, of course on their woman from Minnesota (Ms. MCCOL- leadership skills. Mr. KLINE. Madam Speaker, I move to suspend the rules and agree to the LUM) each will control 20 minutes. In a time when there are budget cuts The Chair recognizes the gentleman that are cutting across our education resolution (H. Res. 171) commending from Minnesota (Mr. KLINE). system and when our schools, espe- the University of Minnesota Duluth GENERAL LEAVE cially in my home State, are suffering, Bulldogs for winning the NCAA 2003 National Collegiate Women’s Ice Hock- Mr. KLINE. Madam Speaker, I ask it is refreshing to see that both stu- unanimous consent that all Members dents and teachers are dedicated to ey Championship. The Clerk read as follows: may have 5 legislative days within academic excellence. H. RES. 171 which to revise and extend their re- I am very proud of Jackson for his marks on H. Res. 171. hard work and for being selected as a Whereas on Sunday, March 23, 2003, the two-time defending NCAA National Colle- The SPEAKER pro tempore. Is there Presidential Scholar for 2003. He re- giate Women’s Ice Hockey champion, the objection to the request of the gen- minds us that with determination and University of Minnesota Duluth Bulldogs, tleman from Minnesota? with dedication, anything is possible. won the National Championship for the third There was no objection. f straight year; Mr. KLINE. Madam Speaker, I yield Whereas Minnesota Duluth defeated Har- myself such time as I may consume. INVESTIGATING REASONS FOR vard University in double overtime of the Madam Speaker, I rise today in sup- GOING TO WAR championship game by the score of 4–3, hav- port of House Resolution 171; and I ing defeated Dartmouth College 5–2 in the (Mr. KUCINICH asked and was given semifinal; would like to thank my colleague, the permission to address the House for 1 Whereas sophomore Nora Tallus scored the gentleman from Minnesota (Mr. OBER- minute and to revise and extend his re- game-winning goal in the second overtime, STAR), for bringing this resolution for- marks.) assisted by Erika Holst and Joanne Eustace; ward. Mr. KUCINICH. Madam Speaker, the Whereas during the 2002–2003 season, the Madam Speaker, this resolution rec- Committee on International Relations Bulldogs won an impressive 31 games, while ognizes the achievement of the Univer- is at this very moment reviewing a res- losing only 3 and tying 2; sity of Minnesota Duluth women’s Whereas forwards Jenny Potter, Hanne olution of inquiry submitted by me and Sikio, and Caroline Ouellette were selected hockey team, the Bulldogs, for their cosponsored by 36 Members of the to the 2003 All-Tournament team and Caro- NCAA National Collegiate champion- House of Representatives asking for line Ouellette was named the tournament’s ship. This victory marks the third con- the administration to provide whatever Most Outstanding Player; secutive national championship for the evidence to this Congress that caused Whereas the Bulldogs are the only team in Bulldogs. them to send this country on a path to- the country to earn a berth in the women’s The national champion Bulldogs de- wards war against Iraq. national championship tournament in each serve recognition for their double over- year of its existence; time victory against a talented Har- The American people have a right to Whereas junior forward Jenny Potter was know why their sons and daughters one of three finalists for the Patty Kazmaier vard University team. In addition to were sent to war. They have a right to Memorial Award, given annually to the most the inspiring team victory, four indi- know whether or not this administra- outstanding player in women’s collegiate viduals distinguished themselves from tion provided the American public with varsity ice hockey and was named to the the field: three young women from the information that was false. Jofa Women’s University Division Ice Hock- University of Minnesota of Duluth We need to know on what basis did ey All-American First Team; were named to the All-Tournament the American people learn from this Whereas senior forward Maria Rooth, for team, and Coach Shannon Miller was the fourth time, was one of ten finalists for administration that there was an im- the Patty Kazmaier Memorial Award, and named the 2003 AHCA Women’s Divi- minent threat, and, in fact, was there was named to the Jofa Women’s University sion Coach of the Year. The distinction an imminent threat coming from Iraq, Division Ice Hockey All-American Second earned by these individuals and the re- did Iraq have weapons of mass destruc- Team; markable repeat victories of the team tion that posed an imminent threat. Whereas Minnesota Duluth Head Coach reflect the dedication of each player, It is up to the Committee on Inter- Shannon Miller, after winning the National the leadership of Coach Shannon Mil- national Relations of the House to pro- Championship in three consecutive years, ler, and the support of family, friends, has been named a finalist for the American and fans. vide the American people with an op- Hockey Coaches Association 2002–2003 Uni- portunity to get that information from versity Division Women’s Ice Hockey Coach I extend my congratulations to each this administration. This Congress ex- of the Year Award; and of the hard-working players on the suc- ists to provide a balance to administra- Whereas all of the team’s players showed cessful Bulldog team, to Coach Miller, tive power, and it is time that this tremendous dedication throughout the sea- and to the University of Minnesota Du- Congress stood up to its responsibility. son toward the goal of winning the National luth. I am happy to join my colleagues The people have a right to know, was Championship: Now, therefore, be it in honoring the accomplishment of this Resolved, That the House of Representa- team and wish them continued success. there an imminent threat and where tives— are the weapons of mass destruction. (1) commends the University of Minnesota I ask my colleagues to support this res- olution. f Duluth women’s hockey team for winning the NCAA 2003 National Collegiate Women’s Madam Speaker, I reserve the bal- b 1215 Ice Hockey Championship; ance of my time. Ms. MCCOLLUM. Madam Speaker, I ANNOUNCEMENT BY THE SPEAKER (2) recognizes the achievements of all the team’s players, coaches, and support staff yield myself such time as I may con- PRO TEMPORE and invites them to the United States Cap- sume. The SPEAKER pro tempore (Mrs. itol Building to be honored; I am pleased to support House Reso- BIGGERT). Pursuant to clause 8 of rule (3) requests that the President recognize lution 171, commending the University XX, the Chair will postpone further the achievements of the University of Min- of Minnesota Duluth women’s hockey proceedings today on motions to sus- nesota Duluth women’s hockey team and in- vite them to the White House for an appro- team for winning the NCAA 2003 Na- pend the rules on which a recorded vote priate ceremony honoring a national cham- tional Collegiate Women’s Ice Hockey or the yeas and nays are ordered or on pionship team; and Championship. which the vote is objected to under (4) directs the Clerk of the House of Rep- I also too want to congratulate Bull- clause 6 of rule XX. resentatives to make available enrolled cop- dog Coach Shannon Miller for being

VerDate Jan 31 2003 00:54 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.010 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5419 named the 2003 American Hockey Madam Speaker, this is the third secutively. It is a great tribute to the Coach’s Association Women’s Univer- consecutive championship, as we have skill and stamina and determination of sity Division Coach of the Year. We are spoken about several times. But how the women who have devoted them- all proud of the extraordinary accom- often does that happen? And that selves to this team and to each other plishment of these women. speaks to the great program that they and displayed an extraordinary kind of The March 23 triumph of the UMD have up there. It has already been cooperative spirit that is characteristic Bulldogs over Harvard has been re- talked about, the dramatic win, defeat- of college athletics. It is notable that ferred to as the greatest game in the ing Harvard 4 to 3 in double overtime. the report in the Duluth News Tribune history of college women’s hockey, Any opportunity a team from Min- on the championship game was written played before a record-breaking crowd nesota has to beat Harvard is a great by a female reporter, and I will include of over 5,000, double overtime, 4 to 3, in opportunity, and it shows the competi- the report on the game, the champion- order to defeat the Harvard team. This tiveness there is across the country. ship game, for the RECORD at this time. gave the Bulldogs their third consecu- The three Bulldog players named to [From the Duluth (MN) News Tribune, Mar. tive national championship. In only the All-Tournament team and Coach 24, 2003] the fourth season of their existence, Shannon Miller being named the AHCA BULLDOG WOMEN CLAIM THIRD TITLE the Bulldogs have brought the sport of Coach of the Year also merits addi- (By Christa Lawler) women’s hockey to a new and exciting tional pride. The coach has the highest The forgotten game puck was tucked in level. winning percentage among the NCAA The success that this team has the back of the net while the Minnesota Du- women’s coaches. luth women’s hockey team celebrated its achieved over the past few years has While the Bulldogs shine on the ice, I third consecutive NCAA Frozen Four title. helped to fuel a women’s hockey explo- think it is important to point out that While streamers and confetti dropped from sion in Minnesota and across the coun- they also shine in the classroom. Seven the rafters of the Duluth Entertainment try. Twenty-nine colleges now sponsor of the players from the championship Convention Center, University of Minnesota Division I teams, and the NCAA is con- team were named to the WCHA All- Duluth goalie Shannon Kasparek crawled to the back of the goal to retrieve the pesky sidering expanding its field in 2005. In Academic team, so we continue to Minnesota, the number of high school puck that, for one overtime and more than value education as well in Minnesota. four minutes, refused to settle anywhere. women’s hockey teams has rocketed Madam Speaker, this team embodies from 24 in 1995 to 128 today. Nation- UMD beat Harvard 4–3 Sunday night when the spirit of student athletes and our Bulldog sophomore forward Nora Tallus, wide, the number of girls and women great ambassadors for the importance wide open, took a few strides and sent the playing ice hockey has increased more of sports and education for the State of puck low past the Crimson’s goalie Jessica than four-fold in this last decade, with Minnesota. I am honored to join them Ruddock, who had skated out to meet her. more than 39,000 registered females today in congratulating them on con- The game lasted 84 minutes—the longest in playing hockey today. tinuing the proud tradition of Min- the history of the women’s NCAA-sanctioned The success of the Bulldogs and the event. nesota hockey. ever-growing opportunities for women There were 5,167 fans at the game, largely Ms. MCCOLLUM. Madam Speaker, I in sports remind us of the importance pro-Bulldogs. There were quite a few Harvard yield myself such time as I may con- of title IX, the landmark legislation supporters and some who said they just sume. wanted to see a great game. that banned sex discrimination in Once again, congratulations to the ‘‘It couldn’t have been better for women’s schools. It passed over 30 years ago. University of Minnesota Duluth Lady hockey,’’ UMD fourth-year coach Shannon Title IX has kicked open the door for Bulldogs. I know the gentleman from Miller said. ‘‘I talked to (Harvard coach) women and girls in athletics and edu- Katey Stone before the game. I gave her a Minnesota (Mr. SABO), the gentleman cation, and since the passage of title little hug and said ‘Let’s put on a show. from Minnesota (Mr. PETERSON), and, IX, girls and women have gone from Raise the bar for women’s hockey.’ ’’ of course, the gentleman from Min- hoping for a team to hoping to make The Bulldogs won the tournament in Dur- nesota (Mr. OBERSTAR), who represents the team. ham, N.H., last year with a 3–2 win over Unfortunately, there are still some the University of Duluth here in Wash- Brown. The previous year, they beat St. who would like to turn back the clock ington, D.C., could not be more proud. Lawrence 4–2 in Minneapolis. No other team in the country has ever owned the NCAA and see this law weakened. But as I have to say this was truly exciting to get to do this, Madam Speaker, be- women’s Frozen Four title. women continue to make strides to- Tallus, a slight, Finnish player, was wards equal opportunity, title IX must cause when I was a young girl trying to learn how to ice skate, hockey was not mobbed by her teammates, who created a remain strong. We must uphold the mound of maroon on the ice on top of her. It progress we have made and continue to available for us; and it certainly was was Tallus’ eight goal of the season, and fol- expand the opportunities for our not available to participate on a team lowed her game-high four penalties earlier in daughters, granddaughters, and nieces and even think about winning a cham- the game. for the next generation and beyond. pionship. So congratulations, Lady Every girl and young woman must be Bulldogs. [From the Duluth News Tribune, Mar. 24, 2003] given a chance to one day become a na- Mr. KLINE. Madam Speaker, I yield tional champion. myself such time as I may consume, BULLDOGS PREVAIL IN DOUBLE-OVERTIME Once again, I congratulate the UMD just to associate myself with the re- OVER HARVARD, WIN THIRD STRAIGHT NCAA TITLE Lady Bulldogs on their remarkable marks of my colleague, the gentle- achievements. woman from Minnesota (Ms. MCCOL- (By Christa Lawler) Madam Speaker, I reserve the bal- LUM), in saying that the women in Min- Nora Tallus repayed her debt to her team- ance of my time. nesota have confirmed what we always mates in full. Mr. KLINE. Madam Speaker, I yield 2 knew, that Minnesota is the ice hockey The Minnesota Duluth sophomore forward minutes to the gentleman from Min- headquarters of the world, and we are had all the time in the world when she skat- proud to associate ourselves with them ed off the boards in the second overtime of nesota (Mr. KENNEDY). Sunday’s national championship game. She Mr. KENNEDY of Minnesota. Madam and congratulate the team. took a few strides and sent the puck low, Speaker, I thank my friend, the gen- Ms. MCCOLLUM. Madam Speaker, I past Harvard goalie Jessica Ruddock and off tleman from Minnesota (Mr. KLINE), yield 1 minute to the gentleman from the inside of the pipe, giving the Bulldogs for yielding me this time to speak Minnesota (Mr. OBERSTAR). their third consecutive NCAA Frozen Four about the University of Minnesota Du- Mr. OBERSTAR. Madam Speaker, I title with a 4–3 victory. luth’s women’s hockey team. I do not thank the gentlewoman from yielding Perhaps the greatest game in the history know if people realize how important me this time. of women’s college hockey came on the Bull- hockey is to us in Minnesota. It is a Madam Speaker, the University of dogs’ home ice at the DECC in front of 5,167 great sport. The people of particularly Minnesota—Duluth women’s hockey fans—the largest attendance in three years of the NCAA-sanctioned event. northern Minnesota have a proud tradi- team achieved something truly ex- The game hung tied at 3–3 through one 20- tion of hockey from the youth on up, traordinary in the history of collegiate minute overtime period. The ice was resur- and this is an example of how they are athletics in winning the NCAA hockey faced and Tallus fired the game-winner at continuing that tradition. championship for the third year con- 4:19 of the second overtime to bring an end to

VerDate Jan 31 2003 00:54 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.013 H17PT1 H5420 CONGRESSIONAL RECORD — HOUSE June 17, 2003 the longest game in the history of the wom- After the game, Guest went up to Tallus, ‘‘They were more nervous than anyone en’s Frozen Four. one of her closest friends on the team, and else,’’ Rooth said of her parents, who were Tallus, a small and seemingly shy player, said, ‘‘It’s an amazing feeling, isn’t it?’’ wearing Swedish national jerseys with her earned four penalties—including two rough- name and number on them. ing calls—before she became the hero of the [From the Duluth News Tribune, Mar. 24, Holst, Rooth and Sikio’s final collegiate game. While Harvard did not capitalize on 2003] game may become the one that people point any of her two-minute hiatuses to the box, AN AMAZING JOURNEY ENDS WITH AN AMAZING to years from now as the impetus for a burst playing shorthanded was a dangerous propo- GAME in popularity for women’s hockey, much as sition against the Crimson’s 32.2 power-play the 1958 NFL title game, in which the Balti- (By Mark Emmert) percentage, the best in the nation. more Colts registered a dramatic overtime Still, Tallus was not on her coach’s bad Four years ago, Erika Holst, Maria Rooth victory over the New York Giants, put pro side. and Hanne Sikio were just looking for some- football on a new plane in this country. ‘‘She is a . . . angel,’’ UMD fourth-year where to play hockey. Harvard coach Katey Stone, gracious in de- coach Shannon Miller said. ‘‘You could never Each received a phone call from Shannon feat, hinted as much, calling Sunday’s game, get mad at her. After she took three pen- Miller, wondering if they’d be interested in broadcast nationally on cable TV, ‘‘one of alties, I leaned down, gave her a hug and I attending the University of Minnesota Du- the greatest sporting events I’ve been a part said, ‘You now owe us a goal, you understand luth, which was beginning a varsity pro- of.’’ that?’’’ gram. ‘‘It was a tremendous tribute to how hard Tallus must have understood. The goal was The trio of Scandinavians knew nothing these student-athletes work and what a just her eighth of the season. about Duluth or U.S. college hockey, but great product they can provide for the fans,’’ ‘‘Yeah, I owed that for the team,’’ Tallus they knew enough about Miller, the former she said. said ‘‘Big Time.’’ coach of the Canadian Olympic team, to take It certainly was. Even Harvard coach Katey Stone had a gamble. And, even if UMD’s Nordic trio aren’t kudos for the goal that closed the game. On Sunday night at the DECC, their glo- around to benefit from a higher profile for ‘‘It was an absolutely perfect shot,’’ she rious careers culminated with a victory in women’s hockey in America, Sunday’s game said. the greatest college women’s hockey game certainly validates their blind decision of Hanne Sikio scored two goals for the Bull- ever played. The double-overtime 4–3 defeat four years ago, when they hopped on a plane dogs and Caroline Ouellette also scored. Sen- of Harvard, played before a raucous and ap- and helped make sports history at a small ior goalie Patricia Sautter had 41 saves. Har- preciative NCAA Women’s Frozen Four- university in a small city they’d never heard vard’s Jennifer Botterill, Lauren McCauliffe record crowd of 5,167, gave UMD its third of but were bound to become embraced by. and Nicole Corriero scored consecutive sec- consecutive national championship. Madam Speaker, I would also like to ond-period goals, and goalie Jessica Ruddock Holst and Rooth, from Sweden, and Sikio, point out, while we are discussing had 37 saves. from Finland, have been the backbone of the these great achievements on the ice, Ouellette, a sophomore forward, opened the dynasty. After the most grueling game of game with a goal at 5:17 of the first peirod. that the University of Minnesota, Du- their career, each said their four years in luth women’s and men’s theater troupe Jenny Potter tipped the puck to the Cana- Duluth have been magical, but none were dian National Team player, who was coming quite ready to accept that they’re over. has five times in the last 17 years won in quickly on the other side of the ice. ‘‘It really hit me when we played Bemidji national honors at the Kennedy Center Ouellette nicked a piece of the puck, re- and we had senior night,’’ Holst said of her American College Theatre Festival for per- directing to score just seconds after Harvard final regular-season game at the DECC on formances at the collegiate level. Under the had returned to equal strength. Feb. 23. ‘‘Then I tried to park it. When I do masterful leadership of Chancellor Kathryn Sikio gave the Bulldogs a 2-0 advantage at decide to think about it, it’s going to be a 12:30 when she broke away, wound up slowly Martin, we have a very well-rounded aca- toughy.’’ demic program at the University of and laid the puck in the back of the net. Miller had instructed her initial senior Harvard responded with two goals in 23 Minnesota Duluth which includes aca- class—which also includes Jenny Hempel, seconds in the first minute of the second pe- Joanne Eustace, Navada Russell and demics, the arts, as well as athletics. riod. Madam Speaker, it is appropriate Botterill skated in on Sautter’s right side Michelle McAteer—not to think about the impending end of their careers. The subject that we take this time here today to and scored at 21 seconds. McAuliffe back- salute the women of the University of handed the puck at 44 seconds to tie the was too emotional, she said, and would only game 2–2. distract from the team’s preparations to de- Minnesota, Duluth NCAA champion- Corriero gave the Crimson a brief lead fend its title. ship hockey team and all of those who when she kicked the puck off her skates and On Sunday, Miller said, ‘‘They’re an in- participate in collegiate athletics. to her stick, scoring at 14:46 of the second pe- credible group, as people and as talented Ms. MCCOLLUM. Madam Speaker, I riod. players. You can’t replace these people.’’ yield such time as he may consume to The Scandinavian players each said they Sikio tied the game from her knees, sliding the gentleman from Illinois (Mr. the puck between Ruddock’s leg and the felt an immediate bond to Duluth and its DAVIS). right post at 17:84. people, easing their worries about missing Harvard star defense man, junior Angela their families back home. (Mr. DAVIS of Illinois asked and was Ruggiero, received an interference penalty ‘‘I fit in right away,’’ said Rooth, UMD’s given permission to revise and extend at 15:05 of the third period. She vocally con- career scoring leader with 231 points. ‘‘Ev- his remarks.) tested the call, and a 10-minute misconduct eryone here seems to care for us.’’ Mr. DAVIS of Illinois. Madam Speak- was added. The USA National Team player ‘‘I really liked the lake,’’ Sikio said of her er, I rise in support of this resolution. spent the rest of the period, and much of the first glimpse of her new hometown. ‘‘Min- Madam Speaker, I rise today to congratulate first overtime, in the penalty box. nesota is a lot like Finland. But the lan- the University of Minnesota Duluth Bulldogs, She darted out of the box and onto the ice guage was hard to understand. People here, they speak pretty fast and we were like, the NCAA 2003 National Collegiate Women’s quickly when her sentence was filled and Ice Hockey Champions. I thank the Gentleman gestured to the crowd that she was fired up. ‘Slow down.’ ’’ Neither team scored in the third period. Sikio had two goals Sunday in perhaps her from Minnesota, Mr. OBERSTAR, for allowing Just 30 seconds into the second overtime, finest game as a Bulldog. Like her class- the House this opportunity to congratulate and Botterill and freshman forward Julie Chu mates, she hopes to continue playing hockey recognize the Bulldogs on winning their third closed in on Sautter. The UMD goalie somewhere, perhaps in Canada, but she does straight championship. During the champion- grabbed the puck and Chu tried to shake it intend to come back to UMD in the fall to ship game against Harvard University, the from her grasp. It broke free and slid to the finish earning her international studies de- Bulldogs showed tremendous strength and gree. back of the net, but after the whistle. Ref- ability, going into double overtime, finally win- erees reviewed the play and did not allow the ‘‘I was really surprised by how many Scan- goal. dinavians are here, and the people are so ning with a score of 4–3. This season, they Tallus closed the game minutes later, after nice,’’ said Holst, whose only frustration in won an impressive 31 games, while only los- hearing a prediction from UMD junior for- Duluth was not being able to find Swedish ing 3 and tying 2. And as we prepare to cele- ward Tricia Guest. meatballs as good as the ones she was used brate the upcoming thirty-first anniversary of ‘‘Before the overtime, I said, ‘My money is to. ‘‘They just don’t taste the same over Title IX, this team serves to be a prime exam- on you,’ ’’ Guest said she told Tallus. Guest here,’’ she lamented. ple that Title IX is working. And since it is might be clairvoyant, based on her own suc- Rooth’s parents were at the DECC on Sun- working, to weaken or water down Title IX in cess. She scored the game-winner last year, day to witness their daughter’s final game. when the Bulldogs beat Brown 3–2 in the So was Holst’s father. any way would be detrimental to the future of championship game. ‘‘I just had a feeling. ‘‘He was really happy and proud,’’ Holst events like these and to teams like the Bull- It’s never been like the superstar person’’ said of her postgame embrace with her fa- dogs. who scores winning goals in title games for ther. ‘‘He doesn’t usually show his emotions I happen to be one who believes that there UMD. too much.’’ ought to be absolute equality in all endeavors

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\A17JN7.020 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5421 in all walks of life. I am amazed, as a matter strides toward equal opportunity, Title IX must ‘‘(2) RULE OF CONSTRUCTION.—The appoint- of fact, sometimes when I recall even the Pre- remain strong. We must uphold the progress ment of a candidate to a position under au- amble to our Constitution, when we say, ‘‘We that we have made and continue to expand thority of this subsection shall not be con- sidered to cause such position to be con- hold these truths to be self-evident, that all opportunities for our daughters, grand- verted from the competitive service to the men are created equal,’’; and at the same daughters and generations beyond. Every girl excepted service. time, we left out women. Some people would must be given the chance to one day become ‘‘(c) REPORTS.—No later than 90 days after suggest that when they said ‘‘men’’ they a national champion. the end of fiscal year 2003 (for fiscal year meant women as well, but I am not always Once again, I congratulate the UMB Bull- 2003) and 90 days after the end of fiscal year sure of that. dogs on their achievements. 2005 (for fiscal years 2004 and 2005), the Com- As a matter of fact, we can look at what the Ms. MCCOLLUM. Madam Speaker, I mission shall submit a report with respect to experiences have been. Even though we have have no further requests for time, and its exercise of the authority granted by sub- Title IX, only 42 percent of college athletes are I yield back the balance of my time. section (b) during such fiscal years to the female and female athletes receive $133 mil- Mr. KLINE. Madam Speaker, I yield Committee on Government Reform and the back the balance of my time. Committee on Financial Services of the lion fewer scholarship dollars per year than House of Representatives and the Committee their male counterparts. This proves that, if The SPEAKER pro tempore. The question is on the motion offered by on Governmental Affairs and the Committee anything, Title IX needs to be strengthened as on Banking, Housing, and Urban Affairs of we still face inequities in athletics today. the gentleman from Minnesota (Mr. the Senate. Such reports shall describe the We have to keep Title IX alive; we have to KLINE) that the House suspend the changes in the hiring process authorized by make sure that it is strong; and we have to rules and agree to the resolution, H. such subsection, including relevant informa- keep working so that there is in fact equality Res. 171. tion related to— across the board without regard to race, gen- The question was taken. ‘‘(1) the quality of candidates; The SPEAKER pro tempore. In the ‘‘(2) the procedures used by the Commis- der, ethnicity, or any other form of origin. sion to select candidates through the America is a great Nation. We have made opinion of the Chair, two-thirds of those present have voted in the affirm- streamlined hiring process; lots of progress and we have come a long ‘‘(3) the numbers, types, and grades of em- way, but we still have much further to go. I do ative. Mr. KLINE. Madam Speaker, on that ployees hired under the authority; not believe we will ever get where we need to ‘‘(4) any benefits or shortcomings associ- I demand the yeas and nays. ated with the use of the authority; be unless we reinforce all of those processes The yeas and nays were ordered. that we have used to get us where we are. ‘‘(5) the effect of the exercise of the author- The SPEAKER pro tempore. Pursu- ity on the hiring of veterans and other demo- Keeping Title IX will continue the successes ant to clause 8 of rule XX and the that we have seen with teams like the Bull- graphic groups; and Chair’s prior announcement, further ‘‘(6) the way in which managers were dogs and with other athletic teams in the fu- proceedings on this motion will be trained in the administration of the stream- ture. postponed. lined hiring system. Ms. MCCOLLUM. Madam Speaker, I am f ‘‘(d) COMMISSION DEFINED.—For purposes of pleased to support H. Res. 171, commending this section, the term ‘Commission’ means the University of Minnesota Duluth women’s ACCOUNTANT, COMPLIANCE, AND the Securities and Exchange Commission.’’. hockey team for winning the NCAA 2003 Na- ENFORCEMENT STAFFING ACT (b) CLERICAL AMENDMENT.—The table of tional Collegiate Women’s Ice Hockey Cham- OF 2003 sections for chapter 31 of title 5, United pionship. I also want to congratulate Bulldogs Mr. BAKER. Madam Speaker, I move States Code, is amended by inserting after Coach Shannon Miller on being named the to suspend the rules and pass the bill the item relating to section 3113 the fol- lowing: 2003 American Hockey Coaches Association (H.R. 658) to provide for the protection Women’s University Division Coach of the of investors, increase confidence in the ‘‘3114. Appointment of accountants, econo- mists, and examiners by the Se- Year. We are all proud of the extraordinary ac- capital markets system, and fully im- complishments of these women. curities and Exchange Commis- plement the Sarbanes-Oxley Act of 2003 sion.’’. The March 23 triumph of the UMD Bulldogs by streamlining the hiring process for over Harvard has been referred to as the certain employment positions in the The SPEAKER pro tempore. Pursu- greatest game in the history of college wom- Securities and Exchange Commission, ant to the rule, the gentleman from en’s hockey. Played before a record-breaking as amended. Louisiana (Mr. BAKER) and the gen- crowd of over 5,000, the double-overtime 4 to The Clerk read as follows: tleman from Massachusetts (Mr. 3 defeat of Harvard gave the Bulldogs their H.R. 658 FRANK) each will control 20 minutes. third consecutive national championship. In Be it enacted by the Senate and House of Rep- The Chair recognizes the gentleman only the fourth season of their existence, the resentatives of the United States of America in from Louisiana (Mr. BAKER). Bulldogs have brought the sport of women’s Congress assembled, GENERAL LEAVE hockey to a new and exciting level. SECTION 1. SHORT TITLE. Mr. BAKER. Madam Speaker, I ask This Act may be cited as the ‘‘Accountant, The success that this team has achieved unanimous consent that all Members over the past few years has helped to fuel a Compliance, and Enforcement Staffing Act of 2003’’. may have 5 legislative days within women’s hockey explosion in Minnesota and which to revise and extend their re- across the country. Twenty-nine colleges now SEC. 2. APPOINTMENT OF ACCOUNTANTS, ECONOMISTS, AND EXAMINERS BY marks and include extraneous material sponsor Division I teams, and the NCAA is THE SECURITIES AND EXCHANGE on this legislation. considering expanding its field in 2005. In Min- COMMISSION. The SPEAKER pro tempore. Is there nesota, the number of high school women’s (a) IN GENERAL.—Subchapter I of chapter objection to the request of the gen- hockey teams has rocketed from 24 in 1995 to 31 of title 5, United States Code, is amended tleman from Louisiana? 128 today. Nationwide, the number of girls by adding at the end the following: and women playing ice hockey has increased ‘‘§ 3114. Appointment of accountants, econo- There was no objection. more than four-fold in the last decade, with mists, and examiners by the Securities and Mr. BAKER. Madam Speaker, I yield Exchange Commission more than 39,000 registered females playing myself such time as I may consume. ‘‘(a) APPLICABILITY.—This section applies today. It is not long ago that the revolu- with respect to any position of accountant, tions of corporate misgovernance be- The success of the Bulldogs and the ever- economist, and securities compliance exam- growing opportunities for women in sports re- iner at the Commission that is in the com- came apparent to not only those within mind us of the importance of Title IX—the petitive service. the corporate world, but to investors landmark legislation that banned sex discrimi- ‘‘(b) APPOINTMENT AUTHORITY.— around the country. The resulting con- nation in schools. Over the past 30 years, Title ‘‘(1) IN GENERAL.—The Commission may ap- sequences led many hard-working fam- IX has kicked open the door for women and point candidates to any position described in ilies who had planned on retirements girls in athletics and education. Since the pas- subsection (a)— to reconsider those plans, as the value ‘‘(A) in accordance with the statutes, rules, sage of Title IX, girls have gone from hoping of the 401(k)s and pensions and savings and regulations governing appointments in plans eroded, literally overnight. for a team to hoping to make the team. the excepted service; and Unfortunately, there are some who would ‘‘(B) notwithstanding any statutes, rules, In addition to those concerns, it was like to turn back the clock and see this law and regulations governing appointments in revealed to the American people that weakened. But as women continue to make the competitive service. there were corporate executives who

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.026 H17PT1 H5422 CONGRESSIONAL RECORD — HOUSE June 17, 2003 had abused their privileges as the lead- the regulation of the corporate sector aged that he has done so well, and I er of an important national corpora- authorized increased spending for the think that contributes to the enthu- tion and taken resources inappropri- SEC. The Congress was slow in living siasm with which we support this legis- ately, illegally, and used them for their up to that promise, but finally, by lation. There is a great deal of con- own personal gain. early this year, we did it, but then the fidence that he will use this authority In light of these revelations, the SEC question was having voted on the addi- in a very appropriate way. came to this Congress and first asked tional money, in their case overwhelm- What we have done now is to struc- for additional funding to enhance their ingly for staff, how quickly could we ture things so the SEC will be able to regulatory and enforcement capabili- hire people because under the normal take full advantage of the appropria- ties, and this Congress responded. Un- rules the Federal Government is not tion. They will be able to hire the peo- fortunately, because of the rules in expeditious in hiring people, and that ple and the investing public and the which the Securities and Exchange is reasonable. There is often not an American economy will get the protec- Commission is constrained, the ability emergency, and we want to make sure tion they deserve. to utilize that $300 million was greatly we do it right. Madam Speaker, I reserve the bal- inhibited. In this case, we wanted to see that ance of my time. hiring was done more quickly. There Mr. BAKER. Madam Speaker, I yield b 1230 was an original proposal that came myself such time as I may consume, for In fact, there is a provision within that would have allowed people to be the purpose of just complimenting the the securities and exchange civil serv- hired very quickly and, once hired, to gentleman on his statement and ex- ice law which provides for expedited remain in a somewhat separate status pressing my appreciation to him for hiring of legal counsel. This particular from other employees. the courtesies extended during the for- provision is very narrow in scope but I want to acknowledge the very re- mulation of this legislation. has been utilized successfully over the sponsive attitude of the union that rep- At the outset, there were modest dif- years to enable the SEC to acquire resents employees at the SEC, the Na- ferences. I think we were able to reach those legal services as it deems nec- tional Treasury Employees Union. I compromise, and I think not only for essary. This provision is known as the met and talked with them, as did the the SEC function but for taxpayers, excepted service. It is the purpose of gentleman from Pennsylvania whom I shareholders as well, and I appreciate this resolution to expand the scope of have mentioned, and we found them to the courtesies extended. the excepted service to enable the SEC be, not surprisingly, as they usually Madam Speaker, I yield 3 minutes to to further respond to identified prob- are, in a very cooperative mood, and the gentlewoman from New York (Mrs. lems in the area of accountancy, exam- they understood that there were two KELLY). ination and economics. important issues. One was to enhance Mrs. KELLY. Madam Speaker, I rise If passed, this resolution would en- the ability of the SEC to hire people in strong support of H.R. 658, the Ac- able the Commission to move in an ex- quickly so we could put the regulatory countant, Compliance and Enforce- pedited manner to hire the needed ac- structure in place, but also to make ment Staffing Act of 2003. This legisla- countants, examiners and economists sure that employees hired had the pro- tion will help streamline the hiring in order to fulfill the mission described tections that any employee is entitled process at the SEC, and it will allow for them by this Congress. It solves to have against political abuse, against the Commission to employ additional, these problems in a proficient and ex- arbitrary mistreatment, et cetera. much-needed securities industry ac- pedited manner and is important that So what this legislation embodies is countants, compliance examiners and the SEC have these authorities as stip- a very sensible compromise. The SEC economists in an expedited manner. ulated to restore confidence to the in- will be given under this bill the ability Believe me, they need it. vesting public. to hire quickly. It will be able to hire As we work to improve investor con- This is achieved without, I am aware, without some of the normal rules that fidence, I think it is very important any opposition to the manner in which would slow them down, but once the that we work to strengthen the SEC the bill is currently constructed. In people are hired, they will then have and send a clear message to the Amer- fact, the union that represents the af- all the rights and all of the protections ican people that we are not going to fected class of employees has now en- that any other employee would have tolerate corporate misconduct. dorsed the legislation in its current had. It meets the need and sometimes Last year, Congress increased the form. I am not aware of any pending what we do in government is kind of funding for the SEC by more than $270 objection. I am aware of broad-based overdo or underdo. million. It was a 62 percent increase. support, bipartisan support, and the The need here was to hire quickly. We did that because we want to help legislation was reported out of com- There was not the need, we felt, to to- America understand that we are not mittee without objection. tally revamp the employee procedures going to tolerate corporate mis- Madam Speaker, I reserve the bal- of the SEC. This bill is carefully tai- conduct. This monumental increase ance of my time. lored to do exactly what was needed will help the SEC to enhance their Mr. FRANK of Massachusetts. and no more. It allows the SEC to hire overall operations which are crucial to Madam Speaker, I yield myself such quickly, to take full advantage of the implementing and enforcing new cor- time as I may consume. additional funds. My understanding is porate governance requirements under I am glad to join in urging support that over 500 people will be hired under the Sarbanes-Oxley bill, but the Com- for this bill. I want to recognize the this, accountants and economists and mission is still severely hamstrung by good work done by the gentleman from others, but once they are hired, they current hiring practices. Now the need Pennsylvania (Mr. KANJORSKI) who is will not be different than the other em- for this legislation is more urgent than the ranking Democrat on this sub- ployees. We will not have this problem ever. committee, who could not be here with of two classes of employees, some with With the hiring of accountant posi- us today, but he spent a lot of time on this set of rights, some with that set of tions lagging far behind other profes- it, and we have a very useful com- rights. They will be fully integrated sionals in the SEC, it is imperative promise. into the SEC’s workforce. that Congress give the Commission di- Essentially, we had this situation It is a workforce which does very rect hiring authority for these critical where we all agreed there was a need to good work, which has been overstressed positions. What we must do is enable expand the Securities and Exchange because we gave them a lot more to do the agency to fill them in a timely Commission. We responded more slow- and did not immediately give them the manner, the quicker the better, and ly than it would have liked, but we re- resources. This is a case where taking that is what this legislation does. sponded by increasing the budget to the appropriation bill, together with I commend the gentleman from Lou- the Securities and Exchange Commis- this bill, we will have given the SEC, isiana (Mr. BAKER) for introducing this sion. whose new chairman, I must say Mr. important legislation and the gen- Essentially, what happened is the Donaldson seems to be performing ad- tleman from Ohio (Mr. OXLEY) for mov- legislation passed last year to improve mirably, and I think we are all encour- ing it through the committee and

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.017 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5423 working with the House leadership to and economists—in order to fulfill its regu- risdictional interest in H.R. 658, the Ac- get it on the floor. They have contin- latory obligations. countant, Compliance, and Enforcement ued to work tirelessly on these issue In a troubling development, the Commission Staffing Act of 2003. I appreciate all of your has had an extraordinarily difficult time hiring efforts to ensure that the Securities and Ex- and they are to be commended. change Commission has the resources it Mr. Speaker, I urge my colleagues to these accountants and other professionals re- needs to effectively carry out its responsibil- support this legislation and help the sponsible for monitoring compliance with the ities under the Sarbanes-Oxley Act. SEC protect America’s investors and securities laws. Under current bureaucratic Your understanding regarding the amend- restore integrity in the market. rules, it takes the Commission up to 6 months ment to H.R. 658 to be considered under sus- Mr. FRANK of Massachusetts. to hire a single accountant, examiner, or econ- pension of the rules is correct, and the text Madam Speaker, I reserve the balance omist. Attorneys are classified as ‘‘excepted of the amendment will be substantially simi- of my time. service’’ employees and thus fall outside these lar to title III, subtitle A of H.R. 1836, as re- ported. Mr. BAKER. Madam Speaker, I yield burdensome hiring requirements. I acknowledge your committee’s jurisdic- 2 minutes to the gentlewoman from Quite simply, this legislation will make it tional interest in this legislation and appre- Florida (Ms. GINNY BROWN-WAITE). easier for the SEC to hire these professionals ciate your cooperation in allowing speedy Ms. GINNY BROWN-WAITE of Flor- in an expeditious manner. That is good news consideration of the bill and amendment. I ida. Madam Speaker, I rise today in for investors, and will help restore public con- agree that your decision to forego further ac- support of H.R. 658, the Accountant, fidence in the markets. It is strongly supported tion on the bill will not prejudice the Com- Compliance and Enforcement Staffing by both the union and management at the mittee on the Government Reform with re- Commission. spect to its jurisdictional prerogatives on Act of 2003. This very critical legisla- this or similar legislation. I will support I want to commend Chairman BAKER for tion will allow the Securities and Ex- your request for an appropriate number of change Commission to hire much-need- crafting an excellent bipartisan bill and urge all conferees should there be a House-Senate ed accountants, compliance examiners my colleagues to join me in support. I yield conference on this or similar legislation. and economists outside of the bureau- back. Finally, I will include a copy of your letter cratic and burdensome civil service Madam Speaker, I also want to thank the and this response in the Congressional hiring guidelines. gentleman from Virginia (Mr. DAVIS), the chair- Record when the legislation is considered by man of the Committee on Government Re- the House. In fiscal year 2003, we increased the Thank you again for your assistance. Securities and Exchange Commission’s form, for his cooperation and assistance in moving this important measure forward. I am Sincerely, budget by 63 percent, largely to allow MICHAEL G. OXLEY, for an additional 800 professional staff placing in the RECORD an exchange of cor- Chairman. respondence regarding our committees’ juris- members. On top of that, last year’s Mr. KANJORSKI. Madam Speaker, I rise to supplemental appropriation bill pro- diction on this matter. HOUSE OF REPRESENTATIVES, support H.R. 658, the Accountant, Compliance vided $25 million to the SEC for the COMMITTEE ON GOVERNMENT REFORM, and Enforcement Staffing Act of 2003. Inves- purpose of hiring 125 new accountants, Washington, DC, June 16, 2003. tor protection is one of my top priorities for my examiners and economists. This in- Hon. MICHAEL G. OXLEY, work on the House Financial Services Com- creased funding was provided because Chairman, Committee on Financial Services, mittee, and H.R. 658 will improve investor pro- the SEC desperately needs these profes- House of Representatives, Washington, DC. tection by allowing the Securities and Ex- DEAR MR. OXLEY: Thank you for working sionals to enforce the Sarbanes-Oxley change Commission to accelerate the hiring corporate accountability reforms, cor- with me in developing H.R. 658, ‘‘Account- ant, Compliance, and Enforcement Staffing process for hundreds of accountants, econo- porate accountability standards that Act of 2003.’’ As you know, the Committee on mists, and compliance examiners. As a result, were established by this body and Government Reform reported the bill, H.R. I support this bill. standards that are very vital impor- 1836, the Civil Service and National Security During the last year, Democrats led the ef- tance for investor protection. Yet, be- Personnel Improvement Act. Included in forts in Congress to significantly augment the cause of the bureaucratic civil service that Act was Title III, Subtitle A, Securities resources available to the Securities and Ex- hiring guidelines, these positions have and Exchange Commission. It is my under- change Commission, including increasing its not yet been filled. standing that you intend to move H.R. 658 to the floor through the suspension process annual budget by more than $270 million. We H.R. 658 does not set new precedent. with an amendment that will be substan- increased this funding to help the Commission Indeed, all FBI employees, as well as tially the same as Title III, Subtitle A of to effectively implement the Sarbanes-Oxley health care professionals at the De- H.R. 1836, as reported. Act, which we enacted in 2002 in response to partment of Defense, are exempt from In the interests of moving this important a series of large-scale corporate scandals at civil service hiring standards. This is legislation forward, I am supporting your re- companies like Enron, WorldCom, Tyco, Glob- good, common sense legislation that quest to move H.R. 658 through the suspen- al Crossing, Adelphia, and Rite Aid. will significantly help the Securities sion process with an amendment in the juris- diction of the Committee on Government Re- The increased appropriations provided to and Exchange Commission protect in- form. The Committee does hold an interest the Commission have permitted the hiring of vestors. in preserving its future jurisdiction with re- hundreds of new professionals to police the I commend the gentleman from Lou- spect to issues raised in the amendment, and securities industry. The SEC estimates that isiana (Mr. BAKER) for crafting this im- its jurisdictional prerogatives should the the additional resources provided by the fiscal portant and very timely bipartisan bill, provisions of this bill or any Senate amend- 2003 budget will result in the hiring of 200 and I urge my colleagues to join me in ments thereto be considered in a conference lawyers, 250 accountants, 300 examiners, 10 support. with the Senate. Therefore, I respectfully re- economists, and some other specialists. This quest your support for the appointment of an Mrs. KELLY. Madam Speaker, I ask appropriate number of Members from our re- increase in the Commission’s labor force unanimous consent that I be permitted spective Committees should such a con- comes on top of the additional 125 profes- to control the remainder of the time ference arise. sionals that we allowed the agency to hire as for consideration of H.R. 658. Finally, I would ask that you include a a result of the fiscal 2002 supplemental appro- The SPEAKER pro tempore (Mrs. copy of our exchange of letters on this mat- priation law. BIGGERT). Is there objection to the re- ter in the Congressional Record during floor Unfortunately, as it has worked in implement quest of the gentlewoman from New consideration. Thank you for your assistance the Sarbanes-Oxley Act and restore investor and cooperation in this matter. York? Sincerely, confidence in our capital markets, the Com- There was no objection. TOM DAVIS, mission has encountered some difficulties in Mr. OXLEY. Madam Speaker, this no-cost, Chairman. identifying and expeditiously hiring the best commonsense legislation will help the Securi- workers for many of these new positions. H.R. ties and Exchange Commission carry out its HOUSE OF REPRESENTATIVES, 658 seeks to address this problem by stream- critical mission of protecting investors and pro- COMMITTEE ON FINANCIAL SERVICES, lining the hiring process at the Commission for moting capital formation and economic growth. Washington, DC, June 16, 2003. a number of specialized professions. The With the passage of last year’s corporate Hon. TOM DAVIS, Commission, like all other government agen- Chairman, Committee on Government Reform, accountability legislation and a substantial Rayburn House Office Building, Wash- cies, already has similar authority for recruiting budgetary increase, this year the understaffed ington, DC. and hiring attorneys. SEC must hire over 800 new professionals— DEAR CHAIRMAN DAVIS: Thank you for your The legislative language contained in this accountants, securities compliance examiners, recent letter regarding your Committee’s ju- bill resulted from negotiations between the

VerDate Jan 31 2003 02:46 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K17JN7.019 H17PT1 H5424 CONGRESSIONAL RECORD — HOUSE June 17, 2003 Commission’s management and the National Mrs. KELLY. Madam Speaker, we Whereas 74.2 percent of Caucasian Ameri- Treasury Employees Union’s leaders. As a re- have no further requests for time, and cans own their own homes, only 47.1 percent sult, this legislation will accelerate the hiring of we yield back the balance of our time. of African Americans, 47.2 percent of His- panic Americans, and 55.8 percent of Asian mission-critical workers at the Commission, it The SPEAKER pro tempore. The Americans and other races are homeowners; will protect the rights of these employees, and question is on the motion offered by Whereas the community building activities it will advance investor protection. I support the gentleman from Louisiana (Mr. of neighborhood-based nonprofit organiza- each of these worthwhile goals, and congratu- BAKER) that the House suspend the tions empower individuals to improve their late the Commission and the National Treas- rules and pass the bill, H.R. 658, as lives and make communities safer and ury Employees Union for their good work. amended. healthier for families; Their joint efforts help to demonstrate the ef- The question was taken. Whereas one of the best known nonprofit The SPEAKER pro tempore. In the housing organizations is Habitat for Human- fectiveness of labor-management cooperation ity, which builds simple but adequate hous- in the federal workplace. opinion of the Chair, two-thirds of ing for less fortunate families and symbol- I am also pleased that the legislation we are those present have voted in the affirm- izes the self-help approach to homeowner- considering today, unlike the introduced bill, ative. ship; will require the Commission to conduct two Mrs. KELLY. Mr. Speaker, on that I Whereas Habitat for Humanity is organized studies about the implementation of this spe- demand the yeas and nays. in all 50 States with 1,655 local affiliates and cial hiring authority. The inclusion of this study The yeas and nays were ordered. its own section 501(c)(3) Federal tax-exempt provision, which I requested, will provide the The SPEAKER pro tempore. Pursu- status and locally elected completely vol- untary board of directors; Congress with information on the use of the ant to clause 8 of rule XX and the Whereas Habitat for Humanity has built authority, including its impact on the hiring of Chair’s prior announcement, further nearly 150,000 houses worldwide and endeav- veterans, minorities, and other demographic proceedings on this motion will be ors to complete another 50,000 homes by the groups, that will be needed to evaluate the ef- postponed. year 2005; fects of this change in the law. It is my expec- f Whereas Habitat for Humanity provides tation that the Commission will use the expan- opportunities for people from every segment sion of its professional ranks as an opportunity SENSE OF CONGRESS THAT CON- of society to volunteer to help make the American dream a reality for families who to aggressively seek qualified veterans and GRESS SHOULD PARTICIPATE IN AND SUPPORT ACTIVITIES TO otherwise would not own a home; and minorities to serve at the Commission. Whereas the month of June has been des- Although I support this bill, I differ with my PROVIDE DECENT HOMES FOR THE PEOPLE OF THE UNITED ignated as ‘‘National Homeownership colleagues on the other side of the aisle on Month’’: Now, therefore, be it one remaining issue: the length of time that STATES Resolved by the Senate (the House of Rep- the Commission should have this special hir- Mr. GARY G. MILLER of California. resentatives concurring), That it is the sense ing power. As currently drafted, H.R 658 Madam Speaker, I move to suspend the of Congress that— would provide the SEC with the permanent (1) everyone in the United States should rules and concur in the Senate concur- have a decent home in which to live; authority to bypass civil service rules in order rent resolution (S. Con. Res. 43) ex- (2) Members of the Senate and the House of to accelerate the hiring process for account- pressing the sense of Congress that Representatives should demonstrate the im- ants, economists, and compliance examiners. Congress should participate in and sup- portance of volunteerism; I believe that this special authority, requested port activities to provide decent homes (3) during the years of the 108th and 109th by the Commission in a time of urgency, for the people of the United States. sessions of Congress, Members of the Senate should sunset so that the Congress can evalu- The Clerk read as follows: and the House of Representatives, Habitat for Humanity, and contributing organiza- ate the effectiveness of the program at an ap- S. CON. RES. 43 propriate time. Because H.R 658 will make ex- tions, should sponsor and construct 2 homes Whereas the United States promotes and in the Washington, D.C., metro area each as traordinary changes in the normal hiring proc- encourages the creation and revitalization of part of the ‘‘Congress Building America’’ ess and because this power has the potential sustainable and strong neighborhoods in program; to be abused, the prudent course of action partnership with States, cities, and local (4) each Congress Building America house would have been for the Congress to sunset communities; should be constructed primarily by Members the law on a date certain and determine at Whereas the United States promotes and of the Senate and the House of Representa- that time whether to continue it. In short, the encourages the creation and revitalization of tives, their families and staffs, and the staffs sustainable and strong neighborhoods in of sponsoring organizations working with Congress should jealously guard the special partnership with States, cities, and local powers that it grants government agencies. local volunteers involving and symbolizing communities and in conjunction with the the partnership of the public, private, and Accordingly, during the consideration of H.R independent and collective actions of private nonprofit sectors of society; 658 by the Financial Services Committee and citizens and organizations; (5) each Congress Building America house the Government Reform Committee, I sought Whereas establishing a housing infrastruc- should be constructed with the participation to make a good bill even better by offering an ture strengthens neighborhoods and local of the family that will own the home; amendment to sunset the expedited hiring au- economies and nurtures the families who re- (6) in the future, Members of the Senate thority at the end of fiscal 2008. This amend- side in them; and the House of Representatives, their fam- ment would have provided the Commission Whereas an integral element of a strong ilies, and their staff should participate in community is a sufficient supply of afford- with sufficient time to meet its short-term staff- similar house building activities in their able housing; own States as part of National Homeowner- ing needs and preserved the ability of Con- Whereas affordable housing may be pro- ship Month; and gress to reevaluate this special power on a vided in traditional and nontraditional (7) these occasions should be used to em- date certain. Although we did not include a forms, including apartment buildings, transi- phasize and focus on the importance of pro- sunset in this bill, H.R 658 is still pragmatic tional and temporary homes, condominiums, viding decent homes for all of the people in and desirable legislation. cooperatives, and single family homes; the United States. In closing, Madam Speaker, H.R 658 will Whereas for many families a home is not The SPEAKER pro tempore. Pursu- merely shelter, but also provides an oppor- streamline the hiring process for hundreds of ant to the rule, the gentleman from new professionals at the Commission, it will tunity for growth, prosperity, and security; Whereas homeownership is a cornerstone California (Mr. GARY G. MILLER) and safeguard the civil service rights of these of the national economy because it spurs the the gentleman from Massachusetts workers, and it will enhance investor protec- production and sale of goods and services, (Mr. FRANK) each will control 20 min- tion. Notwithstanding my one reservation con- generates new jobs, encourages savings and utes. cerning a sunset, which I hope my colleagues investment, promotes economic and civic re- The Chair recognizes the gentleman in the Senate will fix during their consideration sponsibility, and enhances the financial se- from California (Mr. GARY G. MILLER). of this bill, I support H.R 658 and urge its curity of all people in the United States; GENERAL LEAVE adoption by the full House. Whereas although the United States is the Mr. GARY G. MILLER of California. Mr. FRANK of Massachusetts. first nation in the world to make owning a Madam Speaker, I ask unanimous con- home a reality for a vast majority of its fam- Madam Speaker, if the gentlewoman sent that all Members may have 5 leg- ilies, 1⁄3 of the families in the United States has no further requests for time, I con- are not homeowners; islative days within which to revise gratulate the gentlewoman on being Whereas a disproportionate percentage of and extend their remarks and include given the right to control nothing, and families in the United States that are not extraneous material on this legisla- I yield back the balance of my time. homeowners are low-income families; tion.

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.029 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5425 The SPEAKER pro tempore. Is there $300,000 today. This is a national prob- many of them private-public cooper- objection to the request of the gen- lem, and Congress must work expedi- ations. But it is clearly the case that tleman from California? tiously to address it. unless the Federal Government con- There was no objection. I encourage all my colleagues to be- tributes something, you will not get af- Mr. GARY G. MILLER of California. come active members of BABAC so we fordable housing. Madam Speaker, I yield myself such can do something about the housing af- Now, my Republican colleagues have time as I may consume. fordable crisis in this country. been strongly against most production I rise in strong support of this resolu- BABAC provides Members a forum programs, but I see now they have tion expressing support for Congress where we can discuss ways Congress come up with one. It is in this resolu- Building America and for increased af- can increase homeownership in Amer- tion, which I am going to vote for, be- fordable home ownership opportunities. ica. The Congress Building America cause I am all in favor of good wishes. This country is home to people of program provides Members the oppor- I think we should all, at all times, be many different origins, but everyone tunity to personally help make home- in favor of things that we should be in seems to have the same dream, to own ownership a reality for a family in favor of. And this resolution is clearly their own home. This dream means their district. in favor of a lot of things that we many things: Independence, financial b 1245 should be in favor of. It just does not security, geographic stability, the abil- do anything about them. Does not ity to accumulate personal wealth, a The Congress Building America pro- gram will give every Member of Con- make them worse. And it does have a place to raise a family, or simply a production program. place to go after a long day’s work and gress a chance to express their commit- find peace. ment to affordable homeownership by I call Members’ attention to page 3, As a homebuilder for over 30 years, I picking up a hammer and nails and paragraph 3. It says, ‘‘During the years enjoyed watching many people achieve building alongside Habitat for Human- of the 108th and 109th sessions of Con- this dream. One could always see the ity families to make the American gress, Members of the Senate and the excitement and anticipation in the face Dream of homeownership a reality. House should sponsor and construct of a home buyer. The Congress Build- The goal of this resolution is to en- two homes in the Washington, D.C. ing America program will offer every courage Members of Congress to par- metropolitan area.’’ Member of Congress this opportunity ticipate in Congress Building America Now, the legislative draftsmanship is to experience how the dream of home- events with Habitat homeowner fami- perhaps not perfect. I will read that as ownership builds hope in their commu- lies and local Habitat affiliates in their being two homes each. I assume this nities and across the Nation. districts or States during the 108th and does not mean that we should all of us I feel very strongly about this issue, 109th Congress. This new initiative is a build two homes. And I hope not, be- because homeownership is the key to partnership program between Habitat cause there are people here that I personal wealth in our country. When for Humanity International, the United would not want to be near them when someone buys a home, they purchase States Congress, the Department of they had a hammer or a saw or a drill. an asset which will grow over time. Housing and Urban Development, and So I would not want to have to be in a I started the Building a Better Amer- national corporate sponsors. joint effort to build some of these ica Caucus, BABAC, when I arrived in I urge each Member to support this homes. 1 Congress 4 ⁄2 years ago, because I resolution and to personally join with So we are talking about two homes thought it was important to provide a the Habitat for Humanity affiliates in each for 4 years. Now, there are 535 forum for us to start addressing issues their districts to help low-income fami- Members of Congress. Two homes that impact homeownership. One of the lies realize the American Dream of apiece would be 1,070 homes a year for objectives of BABAC is to help cul- homeownership. 4 years. So we now have the affordable Madam Speaker, I reserve the bal- tivate an environment where more housing program of the Republican ance of my time. Americans turn the dream of home- Party for production: 4,280 homes over Mr. FRANK of Massachusetts. ownership into reality. the next 4 years in the metropolitan Madam Speaker, I yield myself such When I first started my business, I Washington area, D.C. and Fairfax time as I may consume. had an old van that used more oil than County, although they probably would Madam Speaker, this resolution is gas and a cardboard box which held not get that many, Alexandria, Arling- really record-setting. I have not in all every tool I owned. I started small. ton, parts of Montgomery and maybe my years here seen so much wind up Over 30 years, my business grew, but more in Prince George’s. with each passing year, I saw the im- and so little pitch. This goes on quite pact of government on the housing in- eloquently and quite accurately about Now, 4,280 houses is better than noth- dustry. With each year came govern- the importance of homeownership, and ing, although I have to say I am willing ment laws and regulations making it it talks about the need for affordable to do my part; and I have to say this, harder to build homes. The red tape housing. It says, ‘‘Whereas an integral we are not often sufficiently modest kept increasing costs. In business, element of a strong community is a around here, and each of us is supposed these costs are passed on to consumers. sufficient supply of affordable hous- to build two houses, but, Madam Homes kept getting more expensive. ing.’’ It says, on the next page, Speaker, I would not want to live in a It is very important that Congress ‘‘Whereas affordable housing may be house I built. There are some things I start talking about how the govern- provided in traditional and nontradi- think I am good at, some things I am ment is impacting home prices. In tional forms.’’ It talks a very good not so good at. The notion of all of us some parts of the country, my district game about the importance of housing, building houses is an interesting one. in southern California is one of them, and particularly affordable housing; Actually, this is motivated both by a the heavy burden of Federal, State and and it delivers virtually nothing. desire to do affordable housing, but it local mandates is creating a generation I have been lamenting for some time also carries out the Republican ap- of people who cannot afford to live in the opposition of my Republican col- proach to unions. Because their entire the communities where they work and leagues to a housing production pro- production program would be built by grew up. I call these people the new gram in this country. In many parts of overwhelmingly nonunion labor. There homeless. this country you will not get affordable are a couple of Members here who are Exactly who are these new homeless? housing, as we define that, that is members of unions, although it is rare- In my district, it might be a couple. housing for lower-income working peo- ly the building trades. My colleague The husband is a firefighter and the ple, middle-income people in some from Boston, the gentleman from Mas- wife is a teacher. They have a good job areas, unless there is some element of sachusetts, was an iron worker; but he and they make a good living, but the subsidy. We are not talking about the can only do so much. And I do not combined income does not enable them Federal Government simply building know how many of the houses would be to purchase a median priced home in the housing. We are talking about a made out of iron or structural steel or southern California which costs over whole range of cooperative programs, whatever anyway.

VerDate Jan 31 2003 02:46 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.021 H17PT1 H5426 CONGRESSIONAL RECORD — HOUSE June 17, 2003 So here they have a housing produc- around San Francisco, in Chicago, in We gathered to celebrate the success tion program, 4,280 houses for the en- many of our great metropolitan areas of the Mini-Grant program, which pro- tirety of America, built almost exclu- people whose incomes were somewhat vides city families with grants and sively by nonunion labor, without a fixed, many of them public employees, loans to improve their owner-occupied penny of Federal Government contribu- teachers, firefighters, police officers, homes. At the ceremony, Ms. Williams tion. Unless we built them during work and social workers, and public works reflected on her own hard-fought strug- hours. I suppose if we built them dur- people, people on relatively fixed in- gle to purchase a home. This program ing working hours, when we were get- comes found themselves worse off in creates homeowners. ting paid, it would be some Federal the housing market because prosperity Now, not everybody in this country contribution. I assume the position is drove up the value of many properties, can afford to own a home, but we ought that we do not. and some people benefited enormously, to be doing everything we can to make Now, I guess I am a little ambivalent and some were left behind. that possible, and this program goes a about the notion of unleashing every We are told, well, a rising tide will long way. Member of the House and the Senate to lift all boats. But if you are too poor to With Syracuse Neighborhood Initia- build two houses. I know you cannot afford a boat, the rising tide will go tive’s assistance and her hard work, comment on Senators, I understand over your head and drown you. And her previously vacant home is now a that, Madam Speaker; but I think you that happened to many people. The showcase on the block. And after years can comment on past Senators, and I very prosperity of the 1990s that were of renting substandard apartments, she guess I can say that I am pleased so welcome nationally exacerbated the is thrilled to be able to take care of her Strom Thurmond will no longer be cov- housing crisis. aging mother and entertain her mul- ered by this. It is a lucky thing we did That does not mean the government tiple grandchildren in her very own not pass this last year, because Strom building all the housing is the answer. home. Ms. Williams told me that home- Thurmond would have been charged It does mean that a sensible, well-fund- ownership has not only provided her with building two houses somewhere, ed production program, where the gov- with a quality place to live and to and I would want to live in those even ernment contributes along with the spend time with her family, but has less than the ones I would build. private sector an element of subsidy so given her a renewed sense of pride in But the problem is not so much with that new housing can be built in many herself and a new level of confidence what it says, but with what it does not parts of the country, is the only way that she can meet any challenge. say. We have not for some time had a And I can tell you that Ms. Williams program in this country to have Fed- this resolution will be more than just wears that sense of pride and accom- eral resources go for housing produc- empty rhetoric. So at this point we only have this plishment in a big beautiful smile tion. And in the absence of a housing resolution. But we will later in the whenever she talks about her good for- production program, families will have year have a chance to address this, I tune and her very own home. a hard time getting affordable housing. Madam Speaker, for many years now, We have some programs that help. We hope. I hope the committee which Habitat for Humanity has been work- have the programs that help build brought this out, the Committee on Fi- ing to offer the same level of accom- housing for the elderly and for the dis- nancial Services, which has jurisdic- plishment and that sense of pride to abled. We have the low-income tax tion over housing, will be allowed by thousands of families the world over. credit, which does a good job; but it is the leadership of this House to formu- By making homeownership affordable limited. We have the section 8 voucher late a sensible production program and and accessible, Habitat has coordinated program which works well in a lot of bring it forward. And if we do, we may the construction of thousands of new areas, but the section 8 program does be able to rescue this resolution from homes across the United States, rely- not contribute to production, particu- the charge of being just empty rhet- larly when we have rulings now that oric. ing upon a great deal of donated goods say you can only use a voucher 1 year Madam Speaker, I reserve the bal- and utilizing a volunteer labor force. Now, those volunteers can be labor at a time. No one can build a house on ance of my time. union members or nonlabor union a year-by-year commitment. Mr. GARY G. MILLER of California. So I am all in favor of the goals of Madam Speaker, I yield 4 minutes to members. The good news is it does not this resolution. I just wish it did some- the gentleman from New York (Mr. matter. If they are willing to donate thing other than asking this workforce WALSH), the author of this resolution. their time and hammer, or carry some to go out and build a couple of houses Mr. WALSH. Madam Speaker, I lumber, or lay some concrete, God a year to carry it out. We have a ter- thank the gentleman from California bless them. Nobody is going to tell rible crisis in this country with regard for yielding me this time, and I thank them they cannot do it. to affordable housing. And let me just the House for considering Senate Con- This program has made 50,000 Ameri- say, Madam Speaker, that one of the current Resolution 43. cans homeowners. I am proud to be a arguments we have when some of us Just to depart briefly from my pre- veteran of previous Habitat builds back talk about the need for the Federal pared comments, I listened to the gen- home in Syracuse, in my home town Government to participate in doing tleman from Massachusetts rail and here in Washington, where I things that are important for the qual- against this legislation. It is just abso- worked with Members of the House and ity of our lives, we are told we should lute proof that no good deed goes Senate on two different houses in the not worry about it, the private econ- unpunished. This is a good idea. This is Washington, D.C. area. Some of us were omy will take care of it. an idea that is very successful. It is an more handy than others, but the good The private economy does a great idea that gives individuals the oppor- news is we worked together. Even in deal. The private economy supplies tunity to volunteer to help their neigh- Belfast, Northern Ireland, people of many of our needs, and a private sector bors to build a home. I suspect even if both communities came together, and is something we should all work for. he may be a ham-handed carpenter the Habitat house build provided a ve- But there are some things it will not that with a good foreman on the job he hicle to bring people together. And it do. And with the very prosperity of the could learn how to pound nails. does that here too. 1990s, which was so important in help- But the point really is this is not It is our hope that every Member of ing people achieve so many goals, for about mass-production housing. It is Congress will build a house, all 535 of many people it made the housing situa- about creating homeownership. Earlier us, in their districts, through this pro- tion worse. Because prosperity is obvi- this week, I had the privilege of joining gram. Habitat for Humanity provides ously not uniformly distributed. Under a handful of my neighbors at the home affordable quality homes for those cur- the policies now in power, it is even of Nyoka Williams, a participant in the rently struggling to achieve the dream less uniformly distributed than ever, as Syracuse Neighborhood Initiative. The of homeownership. There are millions a conscious choice. But even at its Syracuse Neighborhood Initiative is a of Americans who could become home- best, prosperity will be uneven. city-wide effort to expand homeowner- owners if we helped them through this And many people in this country, in ship opportunities and improve quality program and the many other programs the greater Boston area, in the area of life in Syracuse, my hometown. provided through the housing agency,

VerDate Jan 31 2003 02:46 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.023 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5427 through HUD. They support renewed perience homelessness this year, in- what need to be done, but in reality, we investment efforts in America’s cities, cluding 1.3 million children, President need to get serious about the business and they allow for a better quality of Bush proposes to eliminate a $574 mil- of doing it. life for all involved. lion a year program to revitalize public The Congressional Black Caucus has I urge my colleagues to support S. housing and recently refused to fully a program called WOW, With Owner- Con. Res. 43 and encourage their active fund public housing operating ex- ship Wealth, and in my congressional involvement in the Congress Building penses. While 4.9 million American district, we have been going around America program in the 108th and 109th families pay more than 50 percent of promoting the purchase of homes by sessions of Congress. Prideful smiles their limited incomes on housing, African Americans. We find that many like Ms. Williams demonstrate just President Bush has proposed to block people, once they reach the point how rewarding homeownership efforts grant the Federal section 8 rental as- where homeownership is in their mind, like Habitat for Humanity really are. sistance program which would raise there is not the availability of homes Mr. FRANK of Massachusetts. rents and jeopardize rental assistance that they can purchase. When we start Madam Speaker, I yield myself 30 sec- for tens of thousands of families. talking about incomes of $25,000 and onds. While President Bush says he sup- $30,000, people cannot purchase a I notice on page 4 it says each Con- ports expanding homeownership, the $250,000 home. There must be affordable gress Building America house should be reality is that his initiatives have not homes built. constructed primarily by Members of produced a single home buyer in 2.5 Just recently a study was done that the Senate and House, their families years, and since the President took of- the gentlewoman from Illinois (Mrs. and staff. Now, presumably, if we do fice, housing foreclosures have in- BIGGERT) is associated with the organi- this, it is voluntarily. But if we pass a creased by 39 percent and home loan zation, pointed out there are 850,000 in- bill like this and our staffs do it, it delinquencies have increased by 26 per- dividuals at the Chicago metropolitan might not be voluntary. We might need cent. area who live at or near the level of an interpretation from you, Madam Last year the Bush administration poverty. If these individuals are going Speaker, under the bill you have been care so much about affordable housing to be able to purchase a home, not only sponsoring. If our staffs show up to that they worked to defeat legislation must there be mortgage money avail- build housing and they have to work that I introduced to provide the tools able, but there also has to be the af- overtime, would we pay them overtime necessary to construct, rehabilitate fordability of a house that they can or would they get comp time? and preserve at least 1.5 million afford- buy. Madam Speaker, I support this reso- So I think we will have to have fur- able housing rental units over the last lution, strongly suggest that we find ther interpretation when our staffs re- decade through a national affordable ways to implement the concepts of it port for home building, which some of housing trust fund. and make real the idea that people can them probably did not sign up for. Madam Speaker, we are not going to live in their house by the side of the Madam Speaker, I yield 3 minutes to give up. Just a few months ago, I re- road, and the only way we will do it is duced the National Affordable Housing the gentleman from Vermont (Mr. have affordable housing that they are Trust Fund, a proposal that would not SANDERS), a very active leader in the able to purchase. fight for affordable housing in our com- only provide real solutions to the af- Mr. FRANK of Massachusetts. Mr. mittee. fordable housing crisis, but would also Speaker, I yield 3 minutes to the gen- lead to the creation of some 1.8 million b 1300 tlewoman from California (Ms. WA- new jobs and nearly $50 billion in Mr. SANDERS. Madam Speaker, I TERS) who is the ranking member of wages. This legislation currently has the Subcommittee on Housing and thank the gentleman for yielding me 200 tripartisan cosponsors, including 11 this time and applaud the gentleman Community Opportunity of the Com- Republicans. mittee on Financial Services, and a for all of the work he has done on af- This bill currently has 200 tri-partisan co- fordable housing for this country. great leader in this field. sponsors, including 11 Republicans, and has Ms. WATERS. Mr. Speaker, I rise in Today we are considering legislation been endorsed by over 4,000 groups rep- respect for and in support of this reso- which encourages Members of Congress resenting labor unions, business leaders, reli- lution. Habitat for Humanity is a won- ‘‘to participate in and support activi- gious organizations, environmental groups, derful organization, with 1,655 affiliates ties to provide decent homes for the bankers and affordable housing advocates. in all 50 States. Habitat for Humanity people of the United States.’’ At a time when 4.9 million Americans fami- has built nearly 150,000 houses world- I have no problem with this legisla- lies are paying more than 50 percent of their wide, and it has an ambitious goal of tion. It would be very nice if Members limited incomes on housing and at least building another 50,000 homes by 2005. of Congress worked together to build a 800,000 people, including 200,000 children, So I certainly support their efforts, and few hundred units of affordable hous- are homeless on any given night, the federal I am pleased the House and Senate ing. The problem is that in the United government has a responsibility to correct this staff and Members will join Habitat for States of America today, we have a crisis. Humanity in building a couple of housing crisis, and we do not need a If the Republican leadership and the Bush homes right here in Washington, D.C. few hundred units of new housing, we Administration truly wanted to ‘‘participate in Yet, even as I congratulate Habitat need hundreds of thousands of units of and support activities to provide decent homes for Humanity for all of its work, I be- new housing. It is not acceptable for for the people of the United States’’ they lieve that all of us need to take a people to say it is so nice, we are vol- would join me in supporting a National Afford- broader look at the issues of affordable unteering our efforts. able Housing Trust Fund and get this bill housing and housing policy generally. Madam Speaker, we have children signed into law as soon as possible. We are falling very short of where we sleeping out in the street all over Mr. GARY G. MILLER of California. need to be in order to make the goal of America. We have working families Madam Speaker, I reserve the balance affordable housing a goal that is ob- working 40 hours a week living in their of my time. tainable for all Americans. Much more cars, and Members of Congress building Mr. FRANK of Massachusetts. work needs to be done. a few hundred housing units might Madam Speaker, I yield 3 minutes to The unfortunate reality is that the make for good press releases and the gentleman from Illinois (Mr. Bush administration’s homeownership photos in newspapers, but it does noth- DAVIS). record is one of feel-good rhetoric and ing to address the housing crisis in this Mr. DAVIS of Illinois. Madam Speak- photo opportunities, not one of sub- country. er, I want to associate myself with the stance. When it comes to creating af- While the affordable housing crisis in comments that the gentleman from fordable housing and helping to revi- this country deepens, President Bush’s Massachusetts (Mr. FRANK) and the talize sustainable community develop- proposed housing budget is 63 percent gentleman from Vermont (Mr. SAND- ment, the Bush administration is sim- less than it was in 1976 during the last ERS) have made. While I stand in ply missing in action. Only 47.1 percent year of the Ford administration. While strong support of this resolution, and it of African American and Latino com- more than 3 million Americans will ex- is a great resolution, great ideas about munities respectively are homeowners.

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.024 H17PT1 H5428 CONGRESSIONAL RECORD — HOUSE June 17, 2003 Where is the administration’s plan to the Hope VI project by zeroing out cant housing legislation to the floor improve percentages to those of other Hope VI and saying that Hope VI has and for ignoring the dismal housing populations? apparently served its purpose in this and economic outlook in this country We need to put a stop to predatory country. is really only compounded by the Re- lending to vulnerable consumers. I just came from a meeting with a publican attempts to clock weak home- Where is the administration’s plan to group of students, one of whom was Ms. owner initiatives by pretending to sup- eliminate predatory lending to con- Audrey Evans who is a student at port the American dream of home- sumers who are new to the homeowner- North Carolina A&T State University, ownership. ship process? As Members know, preda- and without knowing I was coming While the nationwide homeownership tory lending is the making of unethical here, she said I want to commend you rate is approaching 70 percent, the Af- and abusive mortgage loans that in- on the Hope VI program. She said she rican American and Latino home- clude excessive fees, inflated rates and was raised in public housing, and our ownership rate pale in comparison, to such practices as making loans that commitment to Hope VI helped to about 46 percent; and in the adminis- the borrower cannot repay. The preda- change her life because putting public tration’s Homeownership Downpay- tory lending industry has grown sig- housing in communities and allowing ment Assistance Program, they would nificantly over the past 10 years. her to be exposed to people around her not even support foreclosure assistance The Federal Government has a re- who are interested in succeeding educa- to help these homeowners keep their sponsibility to protect homeowners tionally and economically and person- homes and protect taxpayer invest- who are subject to predatory practices. ally is something that has meant so ment. Predatory lending affects borrowers of much to her. Of the 3.9 million low-income house- all races and income levels, but such Throughout America, we have heard holds to be considered working poor, lenders often target elderly home- these stories about how successful over two-thirds pay 30 percent or more owners and people of color. For exam- Hope VI has been. On a bipartisan basis of their income for housing costs, with ple, borrowers 65 and older are 3 times in our committee, just like both of one-quarter paying over half their in- more likely to hold subprime mort- these gentlemen have yielded me time, comes. In 39 States, 40 percent or more gages than borrowers 35 years of age. we are perplexed as to why such a suc- of renters cannot afford fair market for Simply put, when it comes to housing, cessful program, which coincidentally a 2-bedroom unit, and that is why cre- there is much more we need to be doing was a Republican program instituted ating more affordable housing and than just commending Habitat for Hu- by Secretary Kemp when he was Sec- homeownership should be our focus. manity for building some housing. For retary of Housing and Urban Develop- b 1315 example, we need to adopt legislation ment, how could we terminate such a that ensures that consumers will pay program as this? Consistently since the Bush adminis- no penalties when prepaying all or part We are supportive of this resolution, tration has drafted budgets, they seem of a mortgage credit loan balance. We but we also want this administration to negate the promise of homeowner- should be working to ensure that there to be committed to housing in general ship, community investment, and fair, is no financing of credit, life, disability in this country. quality housing. This administration or unemployment insurance on a single Mr. GARY G. MILLER of California. continues to cut the HUD budget and premium basis. We also need to protect Mr. Speaker, I reserve the balance of fight successful programs such as anyone from knowingly engaging in my time. HOPE VI, section 8, the public housing the practice of flipping a mortgage Mr. FRANK of Massachusetts. Mr. drug elimination program and the cre- loan or extension of credit. Speaker, I yield 21⁄2 minutes to the gen- ation of a national affordable housing We also need policies and practices that will tlewoman from California (Ms. LEE). production program. nullify any mortgage or loan contract that does Ms. LEE. Mr. Speaker, I thank the I will vote for this resolution, I sup- not contain all the written terms of the contract gentleman for yielding me this time. port it; but I encourage the other side or has blank spaces for such terms to be filled As I read this resolution, I really did to bring some real housing bills to the in after the contract is signed. think I was reading the fundamental floor very soon. Mr. Speaker, increasing the supply of afford- arguments for the establishment of a Mr. GARY G. MILLER of California. able housing, protecting consumers from pred- national affordable housing trust fund Mr. Speaker, I yield myself such time atory lending and predatory mortgage serv- which has been sponsored by over 200 as I may consume. icing. This is the housing agenda we need to members of this body. So I would like I enjoyed the one comment: ‘‘This be pursuing. I urge the Bush administration to to read just a couple of whereas clauses resolution is here so Republicans can join us in this effort. which explain why I think this resolu- just talk about affordable housing.’’ I commend Habitat for Humanity for its tre- tion sounds like the provisions of the The gentleman from Massachusetts mendous work and urge all my Colleagues to National Housing Trust Fund. and I, we do agree on one major issue: support this Resolution. Whereas establishing a housing infra- there is a huge shortage of affordable Mr. GARY G. MILLER of California. structure strengthens neighborhoods housing in this country. I believe we Mr. Speaker, I yield 1 minute to the and local economies and nurtures the both have a passion in common to try gentleman from North Carolina (Mr. families who reside in them; whereas to resolve this problem. Earlier this WATT). homeownership is a cornerstone of the year, I brought a bill up before our Mr. FRANK of Massachusetts. Mr. national economy because it spurs the committee on brownfields. Brownfields Speaker, I yield 1 minute to the gen- production and sale of goods and serv- are contaminated sites within inner tleman from North Carolina (Mr. ices, generates new jobs, encourages cities where the infrastructure is in WATT). savings and investment, promotes eco- place and the need for affordable hous- Mr. WATT. Mr. Speaker, I thank the nomic and civic responsibility and en- ing is there. The gentleman from Mas- gentlemen for yielding me this time to hances the financial security of all peo- sachusetts has worked hand in hand give me an opportunity to express my- ple in the United States. with me to bring this to the floor; but self on this resolution. That is some of what this resolution because of a lack of agreement on his We obviously are all supportive of says. I fully support and appreciate the side of the aisle, none to his blame, we the resolution dealing with Habitat for efforts of Habitat for Humanity and are unable to do that because one Humanity and encouraging our col- really agree that they should be ap- Member wants to define brownfields leagues to participate in the effort here plauded and supported. However, this using an EPA definition. The gen- in the District of Columbia. We are resolution is just another vehicle for tleman from Massachusetts and I real- supportive of anything that does de- Republicans to talk about their non- ize that if you do that you eliminate cent and affordable housing for people existent housing agenda. This Congress petroleum sites which are 50 percent of in this country. must allow us to debate and vote on the half million sites in this country. Mr. Speaker, it is for that reason significant housing legislation. So he and I have worked to resolve that we are so perplexed by the Presi- My frustration with my Republican something and others are giving lip dent’s decision not to go forward with colleagues for failing to bring signifi- service to this issue.

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.026 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5429 There has been much talk about sub- government determines that they own some of the mold problems we have in sidies. We deal with section 8 housing habitat that this rat should live on. this country. and the need for section 8 housing. We The problem with the San Bernardino When we talk about affordable hous- come to an agreement that there is a kangaroo rat is it only lives in washes, ing, let us talk about it in reality. If need for that. But in Los Angeles Coun- which means every time it rains during you are going to have section 8 housing ty, we had the housing authority here, the winter, the little critters drown that is available, you have got to have I asked them the question of what is and the reason they are becoming ex- an affordable move-up marketplace, your occupancy rate in California, in tinct is the little critters are too stu- and it is not there today. People in sec- L.A. County? They said, we are 97 per- pid to get out of the wash that they are tion 8 housing receiving government cent occupied. That means 3 percent of drowning in and go somewhere else. So assistance cannot afford to move out of the units that are not occupied are no matter what we do, those little crit- that house because there is not an af- under renovation. Basically, they are ters year after year after year are fordable unit for them to move into. So 100 percent full. They have no available going to continue to be less in popu- if we really want to help people be able section 8 housing for people to go to. lation than they are today because to get out of section 8 housing, to actu- We can increase section 8 vouchers they are too stupid to move out of a ally attain the rights that we believe causing more money to chase no prod- wash. they should have of homeownership uct, and all it does is increase the cost There is another great one in Cali- and the luxury that goes along with of the product. fornia called the Delhi sand-loving fly. that, with building assets and every- But there have been things that have I remember years ago when our parents thing else, if we really want to do that, been said here today. We need subsidies ran this country, we used to swat flies then let us look at the structure we which we do provide some. The Presi- and poison rats. Now we set aside habi- have created. Let us pass a law that dent has come up with a great idea. He tat for them on privately owned prop- says any regulation at the State level said, let us allow people to take section erty. Something is wrong with this or the city level that has any negative 8 vouchers, up to 12, and apply them as country. I think it is incumbent upon impact on the cost of housing must a down payment to buy a home. That is us to change it. It is nice to give lip have a cost-benefit analysis and you a great idea. I hope the appropriators service about affordable housing, and I must be able to determine that it is this year will fund that program. What believe many of my colleagues who really beneficial to do that, not just we are saying is people who have been spoke today are genuine about a pas- something that makes people hug each locked into section 8 housing can now sion; but this resolution allows Mem- other and feel good and pat each other take the money they would have re- bers of Congress to actually do some- on the back. Let us change the way we ceived in 12 months and put it as a thing besides give lip service, lean over do business in this country. down payment to buy a home, so 10 and pound some nails, finish some con- Mr. FRANK of Massachusetts. Mr. years, 15 or 20 years from now their crete, hang some dry wall, put some Speaker, will the gentleman yield? payment is the same as it is today, not roofing material on, put some plumb- Mr. GARY G. MILLER of California. rising as it does in rental housing. We ing in, run finish on electrical, paint, I yield to the gentleman from Massa- need to create homeownership rather hang doors, run casing and base. chusetts. than just create renters in this coun- We can actually do something besides Mr. FRANK of Massachusetts. I just try. talk about it. Yes, it is a small gesture; want to make sure I understand. The There has been a comment made but if you look at the problems we gentleman is proposing that we pass a about we need a housing production have caused because of the stupid laws Federal statute that would say that no program. We have that in this pro- and regulations we have placed on the local zoning regulation could go into gram. It is called the Building Industry building industry today, anything we effect? Association. But government does ev- do, even if it is small, will help. If we Mr. GARY G. MILLER of California. erything it can to stop builders from are really talking about helping people I take back my time. What I said is a providing affordable homes in this get into affordable housing, let us do cost-benefit analysis. If you can do country. We have so many mandates on something genuine about it. More gov- something and determine that there is builders. I remember 30 years ago when ernment is not going to solve anything. a benefit in the regulations you are I entered the industry, you could go Yes, more government has created a placing on affordable housing, that is out within a matter of 2 months and problem and some believe that govern- fine. But for us to sit here and say, oh, make application on a tract map to ment money now should resolve that we need to have more government pro- build a tract of homes, whether it be problem and that is wrong. grams and more government funding five, 10 or 15; and in 60 days you had en- If we would just step back at the Fed- and yet we do not get to the core prob- titlements, yes or no. They had to do it eral, State and local level and say, how lem of affordability, you have to get to because on day 59 you were approved do we reduce the regulations placed the core problem of affordability. by law. I talk to builders today that upon the building industry so a person There is no difference from us saying, have been 3, 4, 5, 8, 10 years processing can go out and reasonably buy a piece let us, the Federal Government, fund subdivisions trying to provide afford- of property and in a given span of time housing but you have got to have ev- able housing for the people of this can build homes instead of 3, 4, 5, 10 erybody in agreement we are even country and they cannot get through years of process. When you take 3 years going to put it there. the process. to get an entitlement, it is costing The problem you have with section 8 I spend more time helping builders somebody a lot of money to buy the housing, and the gentleman from Mas- with Fish and Wildlife and Army Corps property and hold it and pay all these sachusetts knows this to be a fact him- of Engineers issues. One thing I wish consultants to work on the property. self, is you go to many communities the other side of the aisle would agree In California, we require builders to and you say you are going to build low- to do and that is reform the Endan- go through title 24. That is energy effi- income housing and the whole commu- gered Species Act. In Colton, Cali- ciency, which means a home must be nity is in an uproar because they do fornia, there is one project that has airtight, no air infiltration. They even not want it in their community be- 3,000 homes on 3,000 acres. They are limit it in most fireplaces you can put cause they start saying, you are going only wanting to develop about 300-and- in that are man-made because they do to have gang violence, you are going to something of those acres, but they hap- not want air infiltration in a home. have problems, you are going to have pen to have a rat on that property. It When you have water and no air infil- transients. They do not want it in their is called the San Bernardino kangaroo tration, what do you get? Mold. One of communities. rat. It is becoming extinct. People who the problems we are facing in this I am not saying that it is bad; I am love rats want to set aside habitat for country is that insurance companies do saying that is just a fact. It is this these rats, but they always want to set not want to write policies because of NIMBY, not in my backyard attitude. the habitat aside on privately owned mold. If we did not have the policies we That is a problem we face in this coun- property. That means somebody who have today dealing with energy effi- try, unless you will change the laws to owns a piece of land, all of a sudden the ciency, perhaps we would not have where a builder has a reasonable time

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.028 H17PT1 H5430 CONGRESSIONAL RECORD — HOUSE June 17, 2003 to process a subdivision. Yes, let us gress Building America build events with Habi- congress and the Administration to conclude look at the environmental impact that tat homeowner families and local Habitat affili- that the program is in need of reform. In the might be placed on the community of a ates in their districts or states during the 108th coming months, I look forward to hearing the project; let us look at the environment, and 109th Congress, and I urge each mem- different perspectives from our many distin- if there are any species that are going ber’s support of this resolution and to person- guished witnesses as we continue to discuss to be harmed there. But let us do it in ally join with the Habitat for Humanity affiliates ways to improve America’s communities and a reasonable span of time, not 3, 5, 10 in their districts to help low-income families re- strengthen housing opportunities for all citi- years. I told the gentleman from Mas- alize the American dream of homeownership. zens. sachusetts of a project I owned for 12 I urge my colleagues to endorse this resolu- Congress Building America will enable years that I finally ended up selling to tion that will not only express the sense of Members of Congress to express their com- the city because nobody wanted it Congress in support of increased affordable mitment to affordable homeownership by pick- built, yet there was not a bit of flora or homeownership opportunities, but will result in ing up hammers and nails and building along- fauna that was in any way impacted, the building of hundreds of new homes for side Habitat for Humanity families to make the nor was there a species out there that low-income and minority families across the American dream of homeownership a reality. was on the endangered species list. Let country. This initiative is a hands-on approach to mak- us look at the problem and let us work The fact that June is National Homeowner- ing affordable homeownership a reality, one together to see that we are not over- ship Month makes the scheduling of this con- family at a time, one community at a time. turning local rights, but let us work current resolution especially appropriate. For Mr. OXLEY. Mr. Speaker, I rise in support of with the local communities. the vast majority of families, homeownership S. Con. Res. 43, which expresses the sense Mr. FRANK of Massachusetts. If the serves as an engine of social mobility and the that Congress should participate in and sup- gentleman will yield further, I think path to prosperity. We are blessed to live in a port activities to provide decent homes for the the gentleman, however, is being in- country where every citizen—regardless of people of the United States. I urge my col- consistent. I have been critical of the race, creed, color, or place of birth—has the leagues to not only join me in supporting this use of local zoning in many cases to opportunity to own a home of their own. And, resolution, but to also join the thousands of block housing proposals, but I do want new homeowners can create wealth for their Americans who volunteer their time to provide to be clear. These are local and State families for generations to come, while also for those less fortunate. This resolution calls upon Congress to sup- laws. The Endangered Species Act is helping transform neighborhoods and commu- port activities to provide decent homes for Federal. But most of what the gen- nities. Americans and recognizes an organization tleman talked about are local and The home has long held a place of mythic that has been working towards improving State laws, and I am asking the gen- stature in the hearts and minds of Americans, housing conditions for over 27 years now. Of tleman, is he proposing that at the as many of this country’s forebears considered course, I’m talking about Habitat for Humanity, homeownership a key component of a demo- Federal level we pass statutes that reg- an organization that has built nearly 150,000 cratic society. Homeownership creates stake- ulate and restrict and limit what form affordable houses for families worldwide and holders within a community and inspires civic local zoning can take, saying that it is planning to complete another 50,000 homes responsibility. It offers children a stable living has to have a cost-benefit analysis, et by 2005. In fact, Habitat for Humanity just environment that influences their personal de- cetera? I might be interested in joining dedicated two homes in my district in Mans- velopment in many positive ways—including that, if that is what the gentleman is field, Ohio on Father’s Day and more houses improving their performance in school. Studies advocating. are being dedicated all over Ohio on an ongo- Mr. GARY G. MILLER of California. by housing experts show a clear link between ing basis. Several local businesses and chari- Reclaiming my time, if we look prior an increase in homeownership and a de- table organizations also help support the build- to 1948, the tax revenues in this coun- crease in crime rates. ing of these homes. This kind of effort pro- In the Subcommittee on Housing and Com- try generally went to cities. It started vides a great example of what we can accom- munity Opportunity this year, I plan to continue to change after 1948. The State started plish when communities come together to as- working hard to explore new ways to put peo- taking more and the Federal Govern- sist their residents. ment started taking more. About 1972, ple on the path to homeownership, so they The resolution outlines a plan for a new ini- it got so bad that locals were being de- can realize its many benefits. The Financial tiative called Congress Building America, prived of so much money they could no Services Committee already marked-up three which calls upon the Members of Congress to longer afford to put the streets and the housing bills last month by voice vote: H.R. demonstrate the importance of volunteer work sewers and the storm drains in nec- 23, The Tornado Shelters Act, H.R. 1614, the by working with Habitat for Humanity and essary to build homes. Why? Because HOPE VI Program Reauthorization and Small other contributing organizations to construct the Federal Government and the State Community Main Street Rejuvenation and homes across the nation. This simple, but government got greedy and started Housing Action of 2003, and H.R. 1276, The adequate, housing for less fortunate families, taking the money from the people who American Dream Downpayment Act. symbolizes the self-help approach to home- need it, the cities. What we have done The American Dream Downpayment Act, in- ownership. Under this model, homeowners is create a situation where now the tax troduced by KATHERINE HARRIS of Florida, is a contribute sweat equity toward their new dollars are not put in the infrastruc- vital initiative in the creation of new home- home, building it alongside trained volunteers. ture; the builder puts in the infrastruc- owners. This bill would provide $200 million in The new homeowner then has the opportunity ture. Plus he pays for all the local grants to help homebuyers with the downpay- to buy the home with a no interest mortgage. mitigation and impacts that the com- ment and closing costs. This has the potential The average cost of these homes is $53,000 munity might face in some fashion, of assisting 40,000 families annually achieve with a monthly payment of around $266. In even if it is a signal 5 miles down the the dream of homeownership and would make most cases, the payment is even lower than road that might be impacted in some available subsidy assistance, averaging what they were paying for substandard rental fashion because this tract of 80 people $5,000, to help low-income, first-time home units. living in it might impact that intersec- buying families. Beyond the obvious benefit to the new tion. In addition to moving these important pieces homeowner, Habitat’s work to provide safe, But we have got to look at what gov- of legislation, the Subcommittee is in the midst decent and affordable shelter for thousands of ernment has done. Government has of holding a series of hearings examining the needy families adds to the national economy changed to such a degree that we have current operation and administration of the because it spurs the production and sale of taken the money, become greedy; and Section 8 Housing Choice voucher program, goods and services, generates new jobs, en- now we do not want to address the which provides rental assistance to more than courages savings and investment, promotes problems we can address. 1.8 million families. While the concept of the economic and civic responsibility, and en- Mr. NEY. Mr. Speaker, I rise in support of program remains sound, the program has hances the financial security of all Americans. S. Con. Res. 43, which expresses the sense often been criticized for its inefficiency. More One of the greatest attributes of organiza- of Congress that this legislature should partici- than a billion dollars are recaptured from the tions such as Habitat is that the benefits of pate in and support activities to provide decent program every year, despite long waiting lists service go both ways. Not only are families in homes for the people of the United States. for vouchers in many communities. The rising need of housing receiving benefits, but volun- The goal of this resolution is to encourage cost of the Section 8 program and some of the teers often find their service extremely reward- members of Congress to participate in Con- administrative concerns have caused many in ing as well. It is great to see so many young

VerDate Jan 31 2003 02:46 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K17JN7.030 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5431 people serving their fellow citizens by volun- GARY G. MILLER) that the House sus- and addressing issues of domestic vio- teering to help those less fortunate. Over pend the rules and concur in the Sen- lence. It supports efforts to ensure that 10,000 students have signed up to help Habi- ate concurrent resolution, S. Con. Res. the current programs designed to ad- tat for Humanity build houses through their 43. dress these issues are operating effec- Collegiate Challenge program breaking down The question was taken. tively and efficiently, and that they barriers to homeownership and breaking down The SPEAKER pro tempore. In the promote the prevention of child abuse the stereotype of a typical college kid on opinion of the Chair, two-thirds of before these heinous acts can occur. spring break at the same time. those present have voted in the affirm- The conference report retains lan- Clearly, there is still much work to be done. ative. guage promoting partnerships between We are focusing our efforts to increase the Mr. GARY G. MILLER of California. child protective services and private availability of affordable housing in commu- Mr. Speaker, on that I demand the yeas and community-based organizations, nities across the country. Today we are here and nays. including education and mental health to reaffirm that commitment and recognize all The yeas and nays were ordered. systems, to provide child abuse and ne- the hard work that has already been done. I The SPEAKER pro tempore. Pursu- glect prevention and treatment serv- would therefore like to take this opportunity ant to clause 8 of rule XX and the ices. It improves the training, recruit- during National Homeownership Month to Chair’s prior announcement, further ment, and retention of individuals who thank those organizations, such as Habitat for proceedings on this motion will be are capable of providing services to Humanity, that work to help families achieve postponed. children and families. It also increases the dream of homeownership. f the availability of casework super- I would also like to commend the Housing visors for oversight and consultation, WAIVING POINTS OF ORDER Subcommittee, chaired by Representative BOB while simultaneously improving public AGAINST CONFERENCE REPORT NEY, today for its hard work to break down the education on the role of the child pro- ON S. 342, KEEPING CHILDREN barriers to homeownership faced by too many tective services system and appro- AND FAMILIES SAFE ACT OF 2003 Americans. By the end of this week the sub- priate reporting of suspected incidents committee will have held 11 hearings as part Mr. SESSIONS. Mr. Speaker, by di- of child abuse and neglect, to reduce of its effort to pursue an aggressive legislative rection of the Committee on Rules, I the number of false or malicious alle- agenda. At the top of that list is the American call up House Resolution 276 and ask gations. Dream Downpayment Act which will provide for its immediate consideration. This conference report requires $200 million in grant funds assisting approxi- The Clerk read the resolution, as States to have provisions and proce- mately 40,000 low-income families with down follows: dures for administering criminal back- payment and closing costs on their first H. RES. 276 homes. ground checks to prospective foster Resolved, That upon adoption of this reso- and adoptive parents, and other adult I encourage my colleagues to join me in lution it shall be in order to consider the participating in the Congress Building America relatives and nonrelatives residing in conference report to accompany the bill (S. the household, and helps to improve program and look forward to the many contin- 342) to amend the Child Abuse Prevention ued efforts which will build communities and Treatment Act to make improvements the training opportunities and require- across the nation and help thousands of to and reauthorize programs under that Act, ments of child protective services per- American families buy homes. and for other purposes. All points of order sonnel to ensure their active collabora- Mr. BISHOP of Georgia. Mr. Speaker, I urge against the conference report and against its tion with families, and their knowledge my colleagues to vote for the passage of Sen- consideration are waived. of legal duties with these individuals to ate Concurrent Resolution 43, the resolution The SPEAKER pro tempore. The gen- protect children’s individual rights. that expresses the Congress’s support for the tleman from Texas (Mr. SESSIONS) is Mr. Speaker, this legislation also re- Habitat For Humanity and the good work this recognized for 1 hour. quires States to implement policies great organization does for American families Mr. SESSIONS. Mr. Speaker, for the and procedures to address the needs of throughout the Nation. purpose of debate only, I yield the cus- infants born and identification as being I am proud to say that this wonderful institu- tomary 30 minutes to the gentleman affected by illegal substance abuse or tion was born in Americus, GA, within the dis- from Florida (Mr. HASTINGS), pending withdrawal symptoms resulting from trict that I am so privileged to represent. Since which I yield myself such time as I prenatal drug exposure, including the its inception, this model of compassion and may consume. During consideration of requirement that healthcare providers commitment to humanity has spawned similar this resolution, all time yielded is for involved in the delivery or care of such groups, and has changed the way many the purpose of debate only. infants notify child protective services Americans view the problem of homelessness Mr. Speaker, this resolution is a of the occurrence of such conditions in and derelict housing. At this very moment standard rule for consideration of con- infants. It then requires the develop- somewhere in America, a home is being built ference reports and waives all points of ment and planning of safe care for such by the Habitat For Humanity. The number of order against consideration of the con- infants. volunteers now exceeds 200,000 and is grow- ference report. Lastly, the conference report retains ing. More than 100,000 homes have been built b 1330 language that expands priority services and renovated, and more are being completed to infants and young children who are across the country at a rate of 1,000 per Mr. Speaker, the process of reauthor- born with a life-threatening condition month. But we can do even more. izing the Child Abuse Prevention and or with other very special medical This resolution encourages Members of Treatment Act and the Family Vio- needs, to ensure that these special Congress to participate in ‘‘Congress Building lence Prevention Treatment Act com- needs are met and that these special America’’ events with local Habitat For Hu- pletes a promise made to the American children have a chance in life. manity affiliates in their home districts that will people that was begun in the 107th Con- continue and increase the homebuilding effort gress. Unfortunately, the last Congress If there is one issue upon which every all across America. adjourned before consensus was single Member of this institution can Mr. Speaker, Habitat For Humanity works. reached between the two bodies on this agree, regardless of his or her political What seemed like a dream to those who had very important issue. By taking up the belief, it should be the need to prevent the vision in Americus so many years ago, is conference report on the reintroduced child abuse and domestic abuse. These now becoming a reality. Decent housing for legislation today, Congress is dem- atrocities and often silent crimes do every American—thanks to Habitat For Hu- onstrating an ongoing commitment to lasting damage to the lives of individ- manity, this is an idea whose time has come. ensuring that programs to prevent uals and the moral fabric of our soci- The SPEAKER pro tempore (Mr. child abuse, neglect, and family vio- ety. There exists a responsibility in- ISAKSON). The time of the gentleman lence can continue to work and to pro- cumbent upon each of us to enact laws from California (Mr. GARY G. MILLER) tect American families. that protect the most vulnerable in our has expired. The underlying conference report society, and this conference report will The question is on the motion offered that we are debating maintains impor- go a very long way to accomplish that by the gentleman from California (Mr. tant Federal resources for identifying exactly that noble and moral goal.

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.014 H17PT1 H5432 CONGRESSIONAL RECORD — HOUSE June 17, 2003 I am pleased to note that the House ing. The Department of Health and when Republicans talk about all Amer- version of this legislation, H.R. 14, eas- Human Services estimated that in 2001, icans, they are really talking about all ily passed through its committee of ju- 903,000 children in this country were Americans in the upper tax brackets. risdiction, the Committee on Edu- victims of abuse or neglect. This figure Mr. Speaker, Health and Human cation and the Workforce, earlier this represents an 11 percent increase from Services Secretary Tommy Thompson year and then through the House by the previous year, and many child ad- noted, ‘‘A Nation as compassionate as voice vote. Today’s conference report vocates say the stress of a bad econ- ours should ensure that no child is a should continue to enjoy widespread omy and unemployment could be two victim of abuse or neglect. The number and overwhelming bipartisan support reasons for the increase. of children that are being abused and as it has already enjoyed tremendous This bill includes funding for train- neglected in this country is an unac- support throughout the child abuse and ing and preventative programs for so- ceptable daily tragedy.’’ Indeed, Sec- family violence prevention advocacy cial workers and families and encour- retary Thompson is correct. communities. ages partnerships between State child But while this body helps commu- I would ask each of my colleagues on protective services and community or- nities fight child abuse and neglect both sides of the aisle to demonstrate ganizations. It also requires foster par- throughout the country, we ought to their commitment to American fami- ents and adoptive parents to undergo first fight it right here in the House of lies, to American communities, and to criminal background checks and man- Representatives. That we do not, Mr. America’s future by supporting this dates that States expand child abuse Speaker, is an unacceptable daily trag- conference report. In particular today, services to children born with drug-re- edy. I would like to thank the gentleman lated problems. Mr. Speaker, I reserve the balance of from Michigan (Mr. HOEKSTRA), the Child abuse and neglect is everyone’s my time. House sponsor of this legislation; and problem and it affects us both morally Mr. SESSIONS. Mr. Speaker I yield the gentleman from Ohio (Mr. and financially. The cost of training myself such time as I may consume. BOEHNER), chairman of the Committee and preventative programs will be off- Mr. Speaker, the issue we have before on Education and the Workforce, for set later when children who might have us, this rule, this conference report their hard work in producing this con- been burdens on society grow into up- that we are working on, really does ference report. I would also like to standing citizens. From a financial per- talk about ways in which we can go take this moment to commend the con- spective, the costs of child abuse and and improve the lives of millions of ferees from both bodies that have la- neglect to our society as a whole are children, where we can help families. bored to produce this fine product. staggering. Studies have documented Families, many times single parents, Mr. Speaker, I urge my colleagues to the link between abuse and neglect in who are under the stress and strain of join me in supporting this rule and the childhood with medical, emotional, attempting to go to work, raise their underlying legislation. psychological and behavioral disorders family, meet their obligations in the Mr. Speaker, I reserve the balance of in adulthood. Those who are abused as community, to their schools, need my time. children are more likely to suffer from some help, and I think that that is ex- Mr. HASTINGS of Florida. Mr. depression, alcoholism, and drug abuse. actly what this bill does. It does it in Speaker, I yield myself such time as I The abused are also more likely to a way that community-based organiza- may consume. become juvenile delinquents and are 29 tions can become involved in the life I thank the gentleman from Texas percent more likely to become crimi- and the opportunity to make not only (Mr. SESSIONS), my friend, for yielding nals. Using that estimate, 36,000 of the their neighborhoods and their schools me this time. children who were victims of abuse or and their communities is safer and bet- Mr. Speaker, I rise today in support neglect in 2001 can or may become ter, but they did it in a way that is a of this rule and the underlying con- criminals. partnership. ference report for the Keeping Children I certainly hope that the work we are This administration, this President, and Families Safe Act. My colleagues doing in this conference report will supports this. This administration, our know that the rules for conference re- help curb this number and help those President, when President Bush was ports in the House are typically closed, who need it. However, if we are going the Governor of Texas, worked exten- and today’s rule is reflective of the to come to the floor today and talk sively in Texas across Texas in poor longstanding tradition in the House to about child abuse and neglect, we will communities to try to make the lives bring conference reports to the floor in be remiss to not talk about the child better of children to provide them an a similar fashion. neglect that occurred last week in this opportunity to grow up and not only be Mr. Speaker, every time a child is very Chamber when Republicans in this in safe neighborhoods, but also have abused or neglected, the whole human body refused to extend the child tax safety in their schools. So I think that race suffers. With that sobering credit to more than 12 million children the underlying legislation in this con- thought in mind, I support the Keeping living in low-income families without ference report is fabulous. It does a lot Children and Families Safe Act. I sup- attaching a significant cost to the bill of things to make sure that as a Mem- port this conference report, because that would have provided for those 12 ber of Congress, that all of us as Mem- most States are facing severe budget million children. bers of Congress, that we can become deficits, and this is the only Federal Frankly, it baffles me how the rhet- engaged in things that we not only can legislation that targets child abuse and oric of Republicans in this body rarely hold our head up high about but we can neglect. I support this conference re- meet the reality of their policies. The mentor with our President to make port because States are dependent on All-American Tax Relief Act, which sure that people see this Congress as a Federal money to meet the increasing passed this House last week was filled caring group of men and women who demand for community child abuse with tax cuts that benefit the more not only want to ensure the success of prevention programs. But realize this well off in our society more than six people who many of whom we will legislation does not begin to solve the times as much as they do the needy. never know their names but the chil- overwhelming financial problems that The bill was another tax cut to the dren who live their lives and are pre- the States are currently experiencing. wealthy that further drives our coun- pared for the future. In fact, critics of this bill including the try into debt and deficit spending, and I think that in the scheme of things director of the National Child Abuse it lacked even the slightest bit of fiscal this is a question that comes about not Coalition say that there is a $2.5 billion responsibility. In truth, the child tax just to Members of Congress but as a spending gap between the amount cur- credit failed to provide relief to more demand on this country. The demand rently allocated towards prevention than 12 million children who are grow- on our country is do America’s great- and protection and the amount re- ing up in low-income families. In truth, est days lie in our future? Are we doing quired to handle this problem effec- families making between $10,500 and those things throughout the 40 some tively. $26,625 were excluded from this tax re- weeks that we are here in Washington, The statistics on child abuse and ne- lief, including 1 million children of D.C. away from our families, are we glect in this country are heart-wrench- U.S. Armed Forces personnel. Perhaps handling the business of the people to

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.033 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5433 make sure that we make life better? Republican actions last week left me think will do a tremendous amount to And I think that answer is yes. Today no doubt that Republican priorities are actually prevent child abuse, which is the underlying legislation is yet an- dead wrong. Last week the House Re- what we want to do. other example of this Congress working publicans should have followed the What it does is it says that we look together with this President to make other body and brought a child tax at the causes, the root causes, of child sure that America’s greatest days lie in credit bill before us that would help abuse. When you look for the root our future because we are active, en- children now, without burdening them causes of child abuse to try to prevent gaged, and involved with our commu- with a tax debt later in life. But, ac- it, you find this constant association nities and with people back home. cording to the majority leader, ‘‘If we between abusers of children and abus- Mr. Speaker, I reserve the balance of are going to do it, we should get some- ers of substance. We find it over and my time. thing in exchange. If we give people a over again. Parents who are caught in Mr. HASTINGS of Florida. Mr. tax break that don’t pay taxes, it is abusive cycles with drugs and alcohol Speaker, I yield myself such time as I welfare.’’ bring their problems to bear on their may consume. Well, Mr. Speaker, these families do children, with often very devastating Before I yield to the gentlewoman pay taxes. They are not seeking wel- results in terms of physical brutality from California, I would like to re- fare. They are seeking the same ac- against children, sexual abuse of chil- spond to my good friend and colleague knowledgment for their hard work as dren and psychological abuse of chil- by indicating that the President’s re- the rich received in the Republican tax dren. marks were to pass the Senate bill, and package. They deserve tax relief at the What we noticed, and I bring to bear what we did last week was force a con- same time as other American families. on this experience my own time spent ference which is going to delay the tax Instead, this supposed party of ‘‘com- as a child protective service worker in cuts for the 12 million persons about passionate conservatism’’ has exploited my home of Bucks County, what we whom I spoke earlier. the child tax credit issue to pass even find is that children are born in hos- b 1345 more tax cuts for their wealthy friends. pitals every day in this country, and it Instead of bringing up the other body’s as clear as can be they are born to That is a reality, and, to my way of child tax credit bill costing $3.5 billion mothers who are addicted. These are thinking, that is, in some respects, with offsets to fully pay for it, they women who come to the hospitals and uncaring. It certainly is not compas- passed a bill costing over $80 billion bear children who either suffer from sionate. Everybody that is wealthy, in- not paid for. fetal alcohol syndrome or they suffer cluding those of us here in Congress, Mr. Speaker, this is at a time when from the systemic presence of a drug or will get our tax benefits, but many of America’s Federal deficit will exceed actually have what is called neonatal the persons about whom I speak, in- $400 billion, which, by the way, will be abstinence syndrome. The child is in cluding some in the military, will not paid for by our children, their children, withdrawal from the drug. It is a pret- receive a dime this year by virtue of and their children, and on down the ty good indicator that this child may the actions that we took last week. line. be returning to a home where it is not Mr. Speaker, I am privileged to yield Mr. Speaker, our priority must be 5 minutes to my friend, the gentle- safe. putting money in the hands of working We have wrestled as a society with woman from California (Ms. WOOLSEY), Americans while keeping our fiscal who has been a leader in the fight for how do you protect these children. We house in order. That way we can create do not want to necessarily deem the protecting children. jobs and build a strong economy. We Ms. WOOLSEY. Mr. Speaker, today mothers as having abused the child by are helping our children today by pro- virtue of their abuse of the substance. as we stand here and discuss the con- tecting them from child abuse, but ference report on the Keeping Our Chil- We want to provide intervention, but being poor is abuse of another kind. how do you do that? dren and Families Safe Act, I find it Mr. Speaker, children are 25 percent What this underlying conference ironic that this week the Republican of the population of this Nation, but committee report says is that when leadership can find it in their hearts to they are 100 percent of our Nation’s fu- children appear in a hospital and are provide much-needed funding to pre- ture. delivered and have these symptoms of vent child abuse, which is decent and Mr. SESSIONS. Mr. Speaker, I yield 5 substance abuse apparent, that the necessary, but last week they could not minutes to the gentleman from Penn- mandated reporters, the health care provide critical funding for low-income sylvania (Mr. GREENWOOD), from the providers, must notify the child protec- children without voting for additional Committee on Energy and Commerce. tax breaks for the rich. These are the Mr. GREENWOOD. Mr. Speaker, I tive service agency, and that child pro- very children from low-income families thank the gentleman for yielding me tective service agency then must come who are statistically likely to suffer time. in and make sure that there is a safe from child abuse, perhaps because of Mr. Speaker, I do think it is unfortu- plan of care for the child. frustration piled on families struggling nate that when we are here to debate a It does not say that it finds abuse to make ends meet. This week, the Re- bill on child abuse prevention, that we necessarily, it does not say that it publicans care about children; last get into a debate about a legitimate finds dependency, it just says we need week, they did not. What kind of mes- difference of opinion as to tax policy. I to intervene, we need to talk with the sage is this? think that that is unfortunate. parents of this child and find out how The Republican’s child tax credit But, be that as it may, I also would they intend to overcome their own per- bill, which the House debated last say ironically I think it is unfortunate sonal issues so that they can be pre- week, was a squandered opportunity to to hear the minority party constantly pared to nurture this vulnerable child. invest in all of our children and their talking about their hatred of deficits, I think this provision will go in a tre- families. We missed the chance to pass when every single subcommittee mark- mendous way to provide intervention a child tax credit bill which would im- up of any kind I have been in for the for young children before they are ever mediately grant our Nation’s hard- last several months, it is the other subject to abuse, and help not only working families their fair share of the party trying to spend more money, that child, but help the mother cer- tax credit. more money, more money, and us try- tainly and the father involved as well. The families I am talking about are ing to hold the line. Mr. Speaker, I want to commend and those with dedicated workers that Let us talk about the rule before us. thank the staffs of the committees work long hours at low pay, who pay I rise in support of the rule, which I that worked with us in the House and taxes and earn less than $26,000 a year. think is a fair rule, but I also rise in Senate, and the Committee on Rules It is unfortunate that Republicans be- strong support of the bill. for providing a rule under which this lieve these children and families do not I would like to talk about a par- conference report can be considered. contribute enough to deserve a break, a ticular provision that I worked very Mr. HASTINGS of Florida. Mr. break now, like higher income families hard to get in in the Committee on Speaker, I yield myself such time as I will get. Education and Workforce, and which I may consume.

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.035 H17PT1 H5434 CONGRESSIONAL RECORD — HOUSE June 17, 2003 Mr. Speaker, before I yield, I will just But to hear the gentleman from Illi- serve tax relief like every other family. respond to my friend from Pennsyl- nois and the gentleman from Pennsyl- They have bills to pay, mouths to feed, vania, who is an extremely thoughtful vania speak about the great parts children to care for, just like every Member of this body, when he cites the about this bill, about how this Con- other family. And with the economy fact that Democrats want to spend. Let gress can reach out, how we as a gov- stuck in a rut, they cannot go to bed at me isolate that on the child tax credit: ernment can keep working with local night knowing whether their job will Democrats did want to spend the $3.5 communities to bring out the best, not even be there for them the week after billion that the United States Senate only in their interaction with these next. wanted to spend, and each nickel of it mothers that are at risk, but also child These families pay taxes. They make was offset. Toward that end, I would abuse victims, it is all important. between $10,500 and $26,600 a year. They urge that that kind of spending re- I am hopeful we can also learn a lot pay taxes, payroll taxes, sales taxes, dounds to all of our benefit. from the things we have learned over excise taxes, property taxes. And they Mr. Speaker, I am privileged to yield the last few years about people who pay a greater share of their income in 3 minutes to my good friend, the gen- perpetrate crimes upon children, the taxes than Enron did; and for the last tleman from Illinois (Mr. DAVIS). identification of those kinds of people, 5 years, I say to my colleagues, Enron Mr. DAVIS of Illinois. Mr. Speaker, I so that communities can do a better paid zero taxes. There are lots of indi- want to thank the gentleman for yield- job spotting these people and pro- viduals who are getting the benefit of ing me time. tecting their children. That is what $93,000 worth of tax cuts every year, Mr. Speaker, as we discuss keeping this bill is about. That is the good part those who are the 184,000 millionaires children and families safe, I cannot of what this bill is about. in this country. I will bet some of them help but be reminded of a popular song I appreciate both these gentleman for have not paid all of the taxes that they that Marvin Gaye used to sing, and the coming and telling their stories, not were supposed to have been paying all words went sort of like this. He says, only about why they support this bill, of these years. ‘‘Who will save the children? Who is but why this rule is fair and important That is why what this House needs to willing to try? Who will save a world for us to pass and this conference re- do is to take up the other body’s child that is destined to die? Save the ba- port. Let us get it to the President and tax credit legislation, legislation that bies.’’ was denied a simple up or down vote in The reality is, Mr. Speaker, that let the President continue to do the things for the American people that he the House of Representatives. when we talk about protecting families Let me be clear. The majority has did for the people of Texas when he was and saving children and refuse to pro- said that these 6.5 million families are Governor. vide a meager tax credit for those at not their priority. What they tried to Mr. Speaker, I reserve the balance of the bottom of the barrel, for those who do last week is, in essence, they passed my time. can barely survive, who can barely a bill here which would kill the oppor- Mr. HASTINGS of Florida. Mr. make it, it seems to me we are being tunity for the $3.5 billion to address Speaker, I yield myself such time as I contradictory. this issue and it would be taken care may consume. It is abusive in my mind when we of. I would just quote the Committee Mr. Speaker, when it comes to taking refuse to fully fund education so that on Ways and Means chairman. He says care of children, I just wonder, and par- every child can have a meaningful head he is going to be heavily focused on a don me for asking, what $1.1 trillion in start, to get a grip and a handle on life. different issue and that they would be It is abusive when we leave children the original tax cut during the Presi- surprised if a conference between the out of being protected so that they can dent’s administration and the $350 bil- House and Senate could begin this have the kind of health care that they lion that we passed recently, in addi- week. They are going to kill this piece need. And it is certainly abusive that tion to the tack-on to the child tax of legislation because they do not real- we have 2.7 million people who have credit, they ran it up to $82 billion, I ly care about the 6.5 million families or lost their jobs in the last 2 years and wonder what those funds could possibly the 12 million children. cannot find a way to really make it. have done for the children of America? Mr. Speaker, let us do the right And while I agree that programs and I, for one, would have preferred to thing. Let us address this issue. Let us activities are always good and mean- spend it on them, rather than on rich end this kind of child abuse. ingful and beneficial, policies are even people. Mr. SESSIONS. Mr. Speaker, I yield 4 better. Mr. Speaker, I am pleased to yield to minutes to the gentleman from Mari- 1 I would hope that as we try and find 2 ⁄2 minutes to my friend, the gentle- etta, Georgia (Mr. GINGREY), one of our these ways to protect our children, woman from Connecticut (Ms. bright young Republican Members. that which would protect their families DELAURO), a continuing fighter and Mr. GINGREY. Mr. Speaker, I thank by giving them a meaningful oppor- champion for children. the gentleman from Texas (Mr. SES- tunity to earn a living, to have a job, b 1400 SIONS) for yielding me this time. to have the monies that are needed so Mr. Speaker, I have to admit, of that they are not frustrated and resort Ms. DELAURO. Mr. Speaker, this leg- course, as a freshman legislator, I am to behavior that causes them, in many islation would authorize $312 million here to speak in favor of the rule for instances, to abuse children. for several programs that seek to pre- the conference agreement to S. 342, the So, Mr. Speaker, I would have to ask, vent child abuse, expand adoption op- Keeping Children and Families Safe who will save the world? Who is willing portunities, assist abandoned infants, Act of 2003, and to speak in favor of the to try? Who will save a world that is and prevent family violence; good overall piece of legislation. But I stand destined to die? Let us save the chil- goals, good values, good measures. here and I am listening to the other dren. Child abuse is an important issue. It side and all of the discussion I hear is Mr. SESSIONS. Mr. Speaker, I yield has many, many manifestations. It is about a tax bill, and it just makes me myself such time as I may consume. attributable to many causes, including, wonder if the speakers from the other Mr. Speaker, hearing the gentleman and let me just mention, there is a side plan to vote against this bill, if from Illinois and the gentleman from pending issue in this body, a piece of they are opposed to keeping children Pennsylvania speak about children, unfinished business that pertains to and families safe for the foreseeable fu- about the things that we encounter and our Nation’s children; and, if you will, ture. learn from time about tragedies that our delaying on this issue directly I am, as most of my colleagues know, occur in people’s lives with women who abuses American children. a physician Member, Mr. Speaker, of have problems along life, either drugs What we need to do is to restore the this body; and, in particular, I am an or alcohol, and also at the same time child tax credit to the 6.5 million fami- OB-GYN doctor. As such, over the past at which they are birthing babies and lies this Republican leadership con- 28 years, I have delivered over 5,000 pre- carry life within them, and the impact tinues to leave behind. That is child cious children. Unfortunately, I wish I that it has on those children, not just abuse. The families of 12 million chil- could say they were all born healthy at birth but throughout their life, it is dren generally earn minimum wage. and well and in the best of cir- a stunning problem in America. They are tax-paying families. They de- cumstances, but unfortunately, some

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.037 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5435 were not. I think that my passion for ida (Mr. HASTINGS), my friend, for obligation from the White House to the this type of legislation, for protecting yielding me this time. Senate to the Congress, Democrats and children and making sure that every The underlying bill here I think re- Republicans, to work together to give child has an opportunity to be well flects not only bipartisanship, but our these middle-class families a tax cut. born and in a healthy environment and common set of values. It is the right Mr. HASTINGS of Florida. Mr. going into a healthy family situation, approach to how to protect our chil- Speaker, I yield myself such time as I that is what this legislation is all dren. may consume. about. As the brother of a sister who is We can talk about the child tax cred- adopted, I applaud the efforts that are Mr. Speaker, at the close of this mat- it and tax issues ad infinitum, but we reflected here and the attempt here. ter, I will urge that Members pay at- have already had that debate. What we But that bipartisanship, also those tention to a request on the previous are talking about here today on the common set of values that we come to- question, and I will urge Members to floor of the House is this conference gether on, is in sharp contrast to what vote ‘‘no’’ on the previous question. If committee report and the reauthoriza- was done on the child tax credit. the previous question is defeated, I will tion of the Child Abuse Prevention and Mr. Speaker, the other day The New offer an amendment to the rule, and Treatment Act, the Adoption Opportu- York Times reported that in Iraq right my amendment will provide that as nities Program, the Abandoned Infants now, 200,000 Iraqis are getting $20 a day soon as the House passes the con- Assistance Act, the Family Violence who do not show up for work. Mr. ference report, it will take from the Prevention and Services Act. That is Speaker, 200,000 Iraqis, $20 a day who Speaker’s table and immediately con- what this debate is about. I would hope do not show up for work. I come from sider the Senate-passed version of H.R. and trust that the Members of the Chicago. We know something about no- 1307, the Armed Forces Tax Fairness other side will support unanimously show jobs. We think they are a good Act. My amendment will also add to this legislation, because we desperately thing, periodically. But that stands in H.R. 1307 the text of H.R. 1308, as need to protect those of our society, stark contrast to the 200,000 active passed by the Senate, which restores the most precious and vulnerable mem- duty troop members who are over there the refundable child tax credit that bers of our society; and that is what putting their lives on the line who will was removed from the Republican tax this great piece of bipartisan legisla- not get the full child tax credit. Now, bill passed last month. tion is all about. where in our common values do we re- I am very proud to serve on the Com- This will allow the House to combine spect the people of Iraq, give them 20 these two Senate-passed bills and im- mittee on Education and the Workforce bucks a day who do not show up for and to serve under my subcommittee mediately send them back to the Sen- work, and yet, to our troops who are ate and then, hopefully, on to the chairman, the gentleman from Michi- over there in Afghanistan and Iraq, gan (Mr. HOEKSTRA), who brings this President’s desk for his signature. If whose families are only getting $450 per this happens, we can begin helping bill to us, this reauthorization. It was child tax credit, but not the full $1,000. an honor, it was an honor indeed for America’s lower- and modest-income Where in our common set of values do this freshman Member of Congress to families right away, and we can give we say that is the right thing to do? tax relief to those members of the mili- be appointed to the conference com- Over the weekend the AP ran a story mittee on this bill. In fact, the gen- tary who are bravely fighting for this that Halliburton’s bid for the oil drill- Nation as we speak. tleman from Michigan (Mr. HOEKSTRA) ing and oil work that they are doing in said to me, he had been here 10 years Iraq originally for $77 million is now Is it not about time we started giving before having an opportunity to be ap- running double. It was a no-bid con- tax breaks to those Americans who pointed to a conference committee. tract and Halliburton, in the year of really need it? And is it not about time So it is indeed a privilege. I think it 2001, did not pay any Federal income we put an end to legislation that has shows a lot of respect for me as a phy- no chance of becoming law? sician Member and someone who is taxes and, in fact, got an $85 million re- often in that delivery room seeing bate. Last week when we were debating Last week, the President said he these children who may be very pos- the child tax credit, some people de- would sign H.R. 1308, as it was passed sibly born in a situation where the scribed welfare as the full refundable by the Senate, and restore the refund- mom has been on substance abuse or credit; and I have a description of wel- able tax credit to those families mak- drugs during the pregnancy and we, fare, it is known as corporate welfare, ing between $10,000 and $26,000. H.R. many times, are highly suspicious of that was done in Halliburton’s case. 1308, as amended by the Senate, will that situation because of the condition We here in Congress earn $12,800 a provide immediate tax relief to Amer- of the child, the irritability of the child month. That is equivalent to what ica’s hard-working, but struggling, during the physical examination. These some of these families earn in a full families by extending the child tax children have a certain physical ap- year who are worthy of this child tax credit to 6.5 million low-income work- pearance which is very suggestive in credit. ing families and nearly 12 million addi- some instances of alcohol or substance So I applaud the efforts that were tional children. This measure will pro- abuse. And to just simply go from that done here to reflect our values and to vide help to the families of 8 million delivery room to the next one or the take care of our children. I applaud the children whose parents serve in the next one, or go from there to a surgical work done here on this bill; but I want military or are veterans. It will also procedure, and then back to the med- to remind our colleagues, this bill’s help families of soldiers in combat in ical office where you might see an ad- success comes from not only our bipar- Iraq and Afghanistan by extending the ditional 30 patients a day would be un- tisanship but working on a common set child tax credit to many of them. of values. We need now to come to- conscionable. Mr. Speaker, H.R. 1307 will also help So this bill calls for, among other gether, come together, work on the conference, Democrats and Repub- our brave men and women serving in things, reporting these instances. I the military. It will help with travel cannot tell my colleagues how sup- licans, produce a bill, because as July approaches, some families will get this costs for those called up for the Na- portive I am of this legislation, and I tional Guard and Reserves, and it will am proud of the leadership for bringing tax cut and other families, 12 million children, 6.5 million families who work provide benefits for the families of the it to us. Columbia astronauts. Mr. HASTINGS of Florida. Mr. full-time, sometimes more than 40 Speaker, I am very pleased to yield 21⁄2 hours a week, will not be getting that Vote ‘‘no’’ on the previous question minutes to the gentleman from Illinois tax credit. so we can combine and then consider (Mr. EMANUEL), my good friend who has Now, originally this bill was passed these two important tax relief bills as been a continuing champion for chil- to get a tax cut to get the economy they passed in the Senate and rush dren in this body and in his previous moving. It was in there in the Senate them back to the Senate. Let us not let life before coming here. when they went to conference, but tax relief for these two important and Mr. EMANUEL. Mr. Speaker, I would when the Vice President showed up, deserving segments of our society with- like to thank the gentleman from Flor- somehow it got dropped. We all have an er on the vine.

VerDate Jan 31 2003 01:18 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.039 H17PT1 H5436 CONGRESSIONAL RECORD — HOUSE June 17, 2003 Mr. Speaker, I urge a ‘‘no’’ vote on rule waives all points of order against the Con- Mr. HASTINGS of Florida. Mr. the previous question so we can con- ference Report and its consideration. Speaker, I object to the vote on the sider tax relief that can actually be- Just last week, this Chamber vigorously de- ground that a quorum is not present come law and really help those most in bated the Child Tax Credit bill. The Repub- and make the point of order that a need of tax relief. lican members of the House of Representa- quorum is not present. I want to emphasize that a ‘‘no’’ vote tives refused to adopt the Senate-passed tax The SPEAKER pro tempore. Evi- will not prevent the House from consid- bill that would have provided relief to 12 mil- dently a quorum is not present. ering the conference report for this lion children of hard-working American fami- The Sergeant at Arms will notify ab- very important legislation, the Keep- lies. My Democratic colleagues offered a sub- sent Members. ing Children and Families Safe Act. It stitute to aid America’s children but it was Pursuant to clause 8 and 9 of rule XX, will allow us to consider the Senate- voted down. We have still not passed a Child this 15-minute vote on ordering the passed versions of the refundable child Tax Credit for America’s low-income children. previous question will be followed by a tax credit and the Armed Forces Tax Now, we prepare to debate the Keeping 5-minute vote on adopting H. Res. 276, Fairness Act, in addition to this impor- Children and Families Safe Act of 2003. An- if ordered; suspending the rules and tant conference. other bill that is beneficial to America’s chil- adopting H. Res. 171; and suspending b 1415 dren by taking strong steps to prevent child the rules and passing H.R. 658 with an abuse. This bill governs dissemination of infor- amendment. However, a yes vote will stop us from mation about abused children, expands valu- The vote was taken by electronic de- voting on this package of true tax re- able research programs, authorizes grant pro- vice, and there were—yeas 226, nays lief for lower income Americans. grams, and many other valuable programs. 200, not voting 8, as follows: Mr. Speaker, I ask unanimous con- The Keeping Children and Families Safe Act [Roll No. 279] sent that the text of the amendment be was an opportunity to redress the failures of YEAS—226 printed in the RECORD immediately be- this body in our failure to pass the Child Tax fore the vote on the previous question. Aderholt Fossella Miller, Gary Credit bill last week. By passing this rule, we Akin Franks (AZ) Moran (KS) The SPEAKER pro tempore (Mr. continue to neglect and jeopardize the welfare Bachus Frelinghuysen Murphy GILCHREST). Is there objection to the of America’s children and families, by not im- Baker Gallegly Musgrave Ballenger Garrett (NJ) Myrick request of the gentleman from Florida? mediately passing the Senate Child Tax Credit There was no objection. Barrett (SC) Gerlach Neugebauer bill so the President can immediately sign the Bartlett (MD) Gibbons Ney Mr. HASTINGS of Florida. Mr. bill. Barton (TX) Gilchrest Northup Speaker, I ask Members to vote no on Mr. Speaker, I oppose the Rule governing Bass Gillmor Norwood the previous question, and I yield back Beauprez Gingrey Nunes debate on the Keeping Children and Families Bereuter Goode Nussle the balance of my time. Safe Act. I find it ironic that the title of the bill Biggert Goodlatte Osborne Mr. SESSIONS. Mr. Speaker, I yield is the Keeping Children and Families Safe Act, Bilirakis Goss Ose Bishop (UT) Granger Otter myself such time as I may consume. and yet will have not passed real Child Tax I appreciate the gentleman from Blackburn Graves Oxley Credit. This rule jeopardizes America’s chil- Blunt Green (WI) Paul Florida for his support of this con- dren, bill for America’s most vulnerable chil- Boehlert Greenwood Pearce ference report, S. 342, Keeping Children Boehner Gutknecht Pence dren. Bonilla Harris Peterson (PA) and Families Safe Act of 2003. The material previously referred to Mr. Speaker, we have had a good de- Bonner Hart Petri by Mr. HASTINGS of Florida is as fol- Bono Hastings (WA) Pickering bate today. We have talked about the lows: Boozman Hayes Pitts children of this country. We have Bradley (NH) Hayworth Platts talked about our communities. We PREVIOUS QUESTION FOR H. RES 276 Brady (TX) Hefley Pombo RULE ON CONFERENCE FOR KEEPING CHILDREN Brown (SC) Hensarling Porter have talked about our schools. We have Brown-Waite, Herger Portman & FAMILIES SAFE ACT talked about the desire that we have as Ginny Hobson Pryce (OH) this United States Congress, this ad- At the end of the resolution insert the fol- Burgess Hoekstra Putnam ministration, President George W. lowing new section: Burns Hostettler Quinn ‘‘SEC. 2. Immediately after disposition of Burr Houghton Radanovich Bush and the kind and gracious leader- the conference report, the House shall be Burton (IN) Hulshof Ramstad ship of this House, including our considered to have taken from the Speaker’s Buyer Hunter Regula Speaker, the gentleman from Illinois Calvert Hyde Rehberg table the bill (H.R. 1307) to amend the Inter- Camp Isakson Renzi (Mr. HASTERT), and our majority lead- nal Revenue Code of 1986 to provide a special Cannon Issa Reynolds er, the gentleman from Texas (Mr. rule for members of the uniformed services Cantor Istook Rogers (AL) DELAY), to time after time take time in determining the exclusion of gain from Capito Janklow Rogers (KY) the sale of a principal residence and to re- Carter Jenkins Rogers (MI) out of their schedule not only to talk Castle Johnson (CT) Rohrabacher about children, children that are the store the tax exempt status of death gra- tuity payments to members of the uniformed Chabot Johnson (IL) Ros-Lehtinen Chocola Johnson, Sam Royce future of this country and will make a services, and for other purposes, with the difference, but also that these three Coble Jones (NC) Ryan (WI) Senate amendment thereto, and a motion Cole Keller Ryun (KS) gentleman, as leaders of our country, that the House concur in the Senate amend- Collins Kelly Saxton take time to make sure that this ad- ment with an amendment consisting of the Cox Kennedy (MN) Schrock ministration and the laws of this coun- text of the Senate amendment to the text of Crane King (IA) Sensenbrenner try are there to protect children, the H.R. 1308 shall be considered as pending Crenshaw King (NY) Sessions without intervention of any point of order. Culberson Kingston Shadegg most vulnerable part of our society. Cunningham Kirk Shaw The Senate amendment and the motion shall Mr. Speaker, I am proud of what this Davis, Jo Ann Kline Shays be considered as read. The motion shall be will do. This conference report will go Davis, Tom Knollenberg Sherwood debatable for one hour equally divided and Deal (GA) Kolbe Shimkus to help people. It will strengthen our controlled by the chairman and ranking mi- DeLay LaHood Shuster communities. It will strengthen com- nority member of the Committee on Ways DeMint Latham Simmons munity-based organizations who work and Means. The previous question shall be Diaz-Balart, L. LaTourette Simpson considered as ordered on the motion to final Diaz-Balart, M. Leach Smith (MI) in a way that we need them to become Doolittle Lewis (CA) Smith (NJ) efficient and be efficient and to offer adoption without intervening motion.’’ Dreier Lewis (KY) Smith (TX) these services. Mr. SESSIONS. Mr. Speaker, I yield Duncan Linder Souder I am proud of what we are doing. I back the balance of my time, and I Dunn LoBiondo Stearns Ehlers Lucas (OK) Sullivan am proud of what this Congress is move the previous question on the res- Emerson Manzullo Sweeney doing, and Mr. Speaker, I urge my col- olution. English McCotter Tancredo leagues to join me in supporting this The SPEAKER pro tempore. The Everett McCrery Tauzin Feeney McHugh Taylor (NC) rule and the underlying legislation. question is on ordering the previous Ferguson McInnis Terry Ms. JACKSON-LEE of Texas. Mr. Speaker, question. Flake McKeon Thomas I rise in opposition to H. Res. 276 the Rule The question was taken; and the Fletcher Mica Thornberry governing debate on S. 342, the ‘‘Keeping Speaker pro tempore announced that Foley Miller (FL) Tiahrt Forbes Miller (MI) Tiberi Children and Families Safe Act of 2003.’’ This the ayes appeared to have it.

VerDate Jan 31 2003 02:46 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.040 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5437 Toomey Wamp Wilson (NM) A motion to reconsider was laid on Hall McCarthy (MO) Rush Turner (OH) Weldon (FL) Wilson (SC) the table. Harman McCarthy (NY) Ryan (OH) Upton Weldon (PA) Wolf Harris McCollum Ryan (WI) Vitter Weller Young (AK) f Hart McCotter Ryun (KS) Walden (OR) Whitfield Young (FL) Hastings (FL) McCrery Sabo Walsh Wicker ANNOUNCEMENT BY THE SPEAKER Hastings (WA) McDermott Sanchez, Linda NAYS—200 PRO TEMPORE Hayes McGovern T. Hayworth McHugh Sanchez, Loretta Abercrombie Hall Oberstar The SPEAKER pro tempore. Pursu- Hefley McInnis Sanders Ackerman Harman Obey ant to clause 8 and 9 of rule XX, the re- Hensarling McIntyre Sandlin Alexander Hastings (FL) Olver mainder of votes in this series will be Herger McKeon Saxton Allen Hill Ortiz Hill McNulty Schakowsky Andrews Hinchey Owens conducted as 5-minute votes. Hinchey Meehan Schiff Baca Hinojosa Pallone Hinojosa Meek (FL) Schrock Baird Hoeffel f Pascrell Hobson Meeks (NY) Scott (GA) Baldwin Holden Pastor Scott (VA) Ballance Holt COMMENDING THE UNIVERSITY OF Hoeffel Menendez Payne Hoekstra Mica Sensenbrenner Becerra Honda Pelosi MINNESOTA DULUTH BULLDOGS Bell Hooley (OR) Holden Michaud Serrano Peterson (MN) FOR WINNING THE NCAA 2003 NA- Berkley Hoyer Holt Miller (FL) Sessions Pomeroy Berry Inslee TIONAL COLLEGIATE WOMEN’S Honda Miller (MI) Shadegg Price (NC) Bishop (GA) Israel Hooley (OR) Miller (NC) Shaw Rahall ICE HOCKEY CHAMPIONSHIP Bishop (NY) Jackson (IL) Hostettler Miller, Gary Shays Blumenauer Jackson-Lee Rangel The SPEAKER pro tempore. The Houghton Miller, George Sherman Boswell (TX) Reyes pending business is the question of sus- Hoyer Mollohan Sherwood Rodriguez Boucher Jefferson pending the rules and agreeing to the Hulshof Moore Shimkus Boyd John Ross Hunter Moran (KS) Shuster Brady (PA) Johnson, E. B. Rothman resolution, H. Res. 171. Hyde Moran (VA) Simmons Brown (OH) Jones (OH) Roybal-Allard The Clerk read the title of the resolu- Inslee Murphy Simpson Brown, Corrine Kanjorski Ruppersberger tion. Isakson Murtha Skelton Capps Kaptur Rush Israel Musgrave Slaughter Ryan (OH) The SPEAKER pro tempore. The Capuano Kennedy (RI) Issa Myrick Smith (MI) Sabo question is on the motion offered by Cardin Kildee Istook Nadler Smith (NJ) Sanchez, Linda Cardoza Kilpatrick the gentleman from Minnesota (Mr. Jackson (IL) Napolitano Smith (TX) T. Carson (OK) Kind KLINE) that the House suspend the Jackson-Lee Neal (MA) Snyder Sanchez, Loretta Case Kleczka (TX) Neugebauer Solis Clay Kucinich Sanders rules and agree to the resolution, H. Janklow Ney Souder Clyburn Lampson Sandlin Res. 171, on which the yeas and nays Jefferson Northup Spratt Conyers Langevin Schakowsky are ordered. Jenkins Norwood Stark Cooper Lantos Schiff This is a 5-minute vote. John Nunes Stearns Costello Larsen (WA) Scott (GA) Johnson (CT) Nussle Stenholm Cramer Larson (CT) Scott (VA) The vote was taken by electronic de- Johnson (IL) Oberstar Strickland Crowley Lee Serrano vice, and there were—yeas 423, nays 0, Johnson, E. B. Obey Stupak Cummings Levin Sherman not voting 11, as follows: Johnson, Sam Olver Sullivan Davis (AL) Lewis (GA) Skelton Jones (NC) Ortiz Sweeney Davis (CA) Lipinski Slaughter [Roll No. 280] Jones (OH) Osborne Tancredo Davis (FL) Lowey Snyder YEAS—423 Kanjorski Ose Tanner Davis (IL) Lucas (KY) Solis Abercrombie Burton (IN) Doggett Kaptur Otter Tauscher Davis (TN) Lynch Spratt Ackerman Buyer Dooley (CA) Keller Owens Tauzin DeFazio Majette Stark Aderholt Calvert Doolittle Kelly Oxley Taylor (MS) DeGette Maloney Stenholm Akin Camp Doyle Kennedy (MN) Pallone Terry Delahunt Markey Strickland Alexander Cannon Dreier Kennedy (RI) Pascrell Thomas DeLauro Marshall Stupak Allen Cantor Duncan Kildee Pastor Thompson (CA) Deutsch Matheson Tanner Dicks Matsui Andrews Capito Dunn Kilpatrick Paul Thompson (MS) Tauscher Dingell McCarthy (MO) Baca Capps Edwards Kind Payne Thornberry Taylor (MS) Doggett McCarthy (NY) Bachus Capuano Ehlers King (IA) Pearce Tiahrt Thompson (CA) Dooley (CA) McCollum Baird Cardin Emanuel King (NY) Pelosi Tiberi Thompson (MS) Doyle McDermott Baker Cardoza Emerson Kingston Pence Tierney Tierney Baldwin Carson (OK) Engel Edwards McGovern Kirk Peterson (MN) Toomey Towns Ballance Carter English Emanuel McIntyre Kleczka Petri Towns Turner (TX) Ballenger Case Eshoo Engel McNulty Kline Pickering Turner (OH) Udall (CO) Barrett (SC) Castle Etheridge Eshoo Meehan Knollenberg Pitts Turner (TX) Udall (NM) Bartlett (MD) Chabot Evans Etheridge Meek (FL) Kolbe Platts Udall (CO) Van Hollen Barton (TX) Chocola Everett Evans Meeks (NY) Kucinich Pombo Udall (NM) Velazquez Bass Clay Farr Farr Menendez LaHood Pomeroy Upton Visclosky Beauprez Clyburn Fattah Fattah Michaud Lampson Porter Van Hollen Waters Becerra Coble Feeney Filner Miller (NC) Langevin Portman Velazquez Watson Bell Cole Ferguson Ford Miller, George Lantos Price (NC) Visclosky Watt Bereuter Collins Filner Frank (MA) Mollohan Larsen (WA) Pryce (OH) Vitter Waxman Berkley Conyers Flake Frost Moore Larson (CT) Putnam Walden (OR) Gonzalez Moran (VA) Weiner Berry Cooper Fletcher Latham Quinn Walsh Gordon Murtha Wexler Biggert Costello Foley LaTourette Radanovich Wamp Green (TX) Nadler Woolsey Bilirakis Cox Forbes Leach Rahall Waters Grijalva Napolitano Wu Bishop (GA) Cramer Ford Lee Ramstad Watson Gutierrez Neal (MA) Wynn Bishop (NY) Crane Fossella Bishop (UT) Crenshaw Frank (MA) Levin Rangel Watt NOT VOTING—8 Blackburn Crowley Franks (AZ) Lewis (CA) Regula Waxman Lewis (GA) Rehberg Weiner Berman Lofgren Smith (WA) Blumenauer Culberson Frelinghuysen Carson (IN) Millender- Blunt Cummings Frost Lewis (KY) Renzi Weldon (FL) Cubin McDonald Boehlert Cunningham Gallegly Linder Reyes Weldon (PA) Gephardt Nethercutt Boehner Davis (AL) Garrett (NJ) Lipinski Reynolds Weller Bonilla Davis (CA) Gerlach LoBiondo Rodriguez Wexler ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bonner Davis (FL) Gibbons Lucas (KY) Rogers (AL) Whitfield The SPEAKER pro tempore (Mr. Bono Davis (IL) Gilchrest Lucas (OK) Rogers (KY) Wicker Boozman Davis (TN) Gillmor Lynch Rogers (MI) Wilson (NM) GILCHREST) (during the vote). There are Boswell Davis, Jo Ann Gingrey Majette Rohrabacher Wilson (SC) 2 minutes remaining in this vote. Boucher Davis, Tom Gonzalez Maloney Ros-Lehtinen Wolf Boyd Deal (GA) Goode b 1439 Manzullo Ross Woolsey Bradley (NH) DeFazio Goodlatte Markey Rothman Wu Ms. SOLIS and Mr. RUSH changed Brady (PA) DeGette Gordon Marshall Roybal-Allard Wynn their vote from ‘‘yea’’ to ‘‘nay.’’ Brady (TX) Delahunt Goss Matheson Royce Young (AK) Brown (OH) DeLauro Granger Matsui Ruppersberger Young (FL) So the previous question was ordered. Brown (SC) DeLay Graves The result of the vote was announced Brown, Corrine DeMint Green (TX) NOT VOTING—11 as above recorded. Brown-Waite, Deutsch Green (WI) The SPEAKER pro tempore. The Ginny Diaz-Balart, L. Greenwood Berman Lofgren Nethercutt Burgess Diaz-Balart, M. Grijalva Carson (IN) Lowey Peterson (PA) question is on the resolution. Burns Dicks Gutierrez Cubin Millender- Smith (WA) The resolution was agreed to. Burr Dingell Gutknecht Gephardt McDonald Taylor (NC)

VerDate Jan 31 2003 02:46 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.016 H17PT1 H5438 CONGRESSIONAL RECORD — HOUSE June 17, 2003

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gilchrest Lowey Ros-Lehtinen NOT VOTING—11 Gillmor Lucas (KY) Ross The SPEAKER pro tempore (during Ballenger Gephardt Smith (WA) Gingrey Lucas (OK) Rothman Berman Lofgren Walsh the vote). There are 2 minutes remain- Gonzalez Lynch Roybal-Allard Carson (IN) Millender- ing in this vote. Goode Majette Royce Cubin McDonald Goodlatte Maloney Ruppersberger Flake Nethercutt b 1446 Gordon Manzullo Rush Goss Markey Ryan (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE So (two-thirds having voted in favor Granger Marshall Ryan (WI) thereof) the rules were suspended and The SPEAKER pro tempore (during Graves Matheson Ryun (KS) the vote). Members are advised there the resolution was agreed to. Green (TX) Matsui Sabo The result of the vote was announced Green (WI) McCarthy (MO) Sanchez, Linda are 2 minutes remaining in this vote. as above recorded. Greenwood McCarthy (NY) T. Grijalva McCollum Sanchez, Loretta b 1454 A motion to reconsider was laid on Gutierrez McCotter Sanders So (two-thirds having voted in favor the table. Gutknecht McCrery Sandlin thereof) the rules were suspended and Stated for: Hall McDermott Saxton the bill, as amended, was passed. Mr. PETERSON of Pennsylvania. Mr. Harman McGovern Schakowsky Harris McHugh Schiff The result of the vote was announced Speaker, on rollcall No. 280 had I been Hart McInnis Schrock as above recorded. present, I would have voted ‘‘yea.’’ Hastings (FL) McIntyre Scott (GA) A motion to reconsider was laid on Hastings (WA) McKeon Scott (VA) f Hayes McNulty Sensenbrenner the table. Hayworth Meehan Serrano f ACCOUNTANT, COMPLIANCE, AND Hefley Meek (FL) Sessions ENFORCEMENT STAFFING ACT Hensarling Meeks (NY) Shadegg ANNOUNCEMENT BY CHAIRMAN OF OF 2003 Herger Menendez Shaw PERMANENT SELECT COM- Hill Mica Shays The SPEAKER pro tempore (Mr. Hinchey Michaud Sherman MITTEE ON INTELLIGENCE RE- GILCHREST). The pending business is Hinojosa Miller (FL) Sherwood GARDING AVAILABILITY OF CER- the question of suspending the rules Hobson Miller (MI) Shimkus TAIN CLASSIFIED DOCUMENTS and passing the bill, H.R. 658, as Hoeffel Miller (NC) Shuster Hoekstra Miller, Gary Simmons Mr. GOSS. Mr. Speaker, I wish to an- amended. Holden Miller, George Simpson nounce to all Members of the House The Clerk read the title of the bill. Holt Mollohan Skelton that the Permanent Select Committee The SPEAKER pro tempore. The Honda Moore Slaughter on Intelligence on Thursday, June 12, Hooley (OR) Moran (KS) Smith (MI) question is on the motion offered by 2003, pursuant to its Rules of Proce- the gentleman from Louisiana (Mr. Hostettler Moran (VA) Smith (NJ) Houghton Murphy Smith (TX) dure, by majority vote, authorized ac- BAKER) that the House suspend the Hoyer Murtha Snyder cess to any Member of the House who rules and pass the bill, H.R. 658, as Hulshof Musgrave Solis wishes to review certain documents Souder amended, on which the yeas and nays Hunter Myrick provided to the Permanent Select Com- are ordered. Hyde Nadler Spratt Inslee Napolitano Stark mittee on Intelligence by the Director This will be a 5-minute vote. Isakson Neal (MA) Stearns of Central Intelligence in response to The vote was taken by electronic de- Israel Neugebauer Stenholm the letter from the chairman and rank- vice, and there were—yeas 423, nays 0, Issa Ney Strickland ing member to the director dated May not voting 11, as follows: Istook Northup Stupak Jackson (IL) Norwood Sullivan 22, 2003. [Roll No. 281] Jackson-Lee Nunes Sweeney Specifically, the documents at issue YEAS—423 (TX) Nussle Tancredo relate to the available intelligence con- Janklow Oberstar Tanner Abercrombie Brown-Waite, DeFazio cerning Iraq’s weapons of mass destruc- Jefferson Obey Tauscher Ackerman Ginny DeGette Jenkins Olver Tauzin tion program and Iraq’s ties to ter- Aderholt Burgess Delahunt John Taylor (MS) Akin Burns DeLauro Ortiz rorist groups prior to the commence- Alexander Burr DeLay Johnson (CT) Osborne Taylor (NC) ment of hostilities in Iraq. Allen Burton (IN) DeMint Johnson (IL) Ose Terry These documents are available for re- Johnson, E. B. Otter Thomas Andrews Buyer Deutsch view by Members only at the offices of Baca Calvert Diaz-Balart, L. Johnson, Sam Owens Thompson (CA) Bachus Camp Diaz-Balart, M. Jones (NC) Oxley Thompson (MS) the Permanent Select Committee on Baird Cannon Dicks Jones (OH) Pallone Thornberry Intelligence in Room H–405 of the Cap- Baker Cantor Dingell Kanjorski Pascrell Tiahrt itol. The committee office will be open Baldwin Capito Doggett Kaptur Pastor Tiberi Ballance Capps Dooley (CA) Keller Paul Tierney during regular business hours for the Barrett (SC) Capuano Doolittle Kelly Payne Toomey convenience of any Member who wishes Bartlett (MD) Cardin Doyle Kennedy (MN) Pearce Towns to review this material. Barton (TX) Cardoza Dreier Kennedy (RI) Pelosi Turner (OH) Members wishing to review these Bass Carson (OK) Duncan Kildee Pence Turner (TX) documents must contact the commit- Beauprez Carter Dunn Kilpatrick Peterson (MN) Udall (CO) Becerra Case Edwards Kind Peterson (PA) Udall (NM) tee’s Director of Security, Mr. Bill Bell Castle Ehlers King (IA) Petri Upton McFarland, in advance to arrange a Bereuter Chabot Emanuel King (NY) Pickering Van Hollen Berkley Chocola Emerson time and date for that viewing. This Kingston Pitts Velazquez will assure the availability of com- Berry Clay Engel Kirk Platts Visclosky Biggert Clyburn English Kleczka Pombo Vitter mittee staff to assist Members in their Bilirakis Coble Eshoo Kline Pomeroy Walden (OR) review of these classified materials and Bishop (GA) Cole Etheridge Knollenberg Porter Wamp Bishop (NY) Collins Evans manage the flow of activity in an or- Kolbe Portman Waters Bishop (UT) Conyers Everett derly way. Kucinich Price (NC) Watson Blackburn Cooper Farr LaHood Pryce (OH) Watt It should be understood by Members Blumenauer Costello Fattah Blunt Cox Feeney Lampson Putnam Waxman that none of the classified material re- Boehlert Cramer Ferguson Langevin Quinn Weiner viewed by Members is authorized to be Boehner Crane Filner Lantos Radanovich Weldon (FL) disclosed publicly. Larsen (WA) Rahall Weldon (PA) Bonilla Crenshaw Fletcher It is important that Members also Bonner Crowley Foley Larson (CT) Ramstad Weller Bono Culberson Forbes Latham Rangel Wexler keep in mind the requirements of Boozman Cummings Ford LaTourette Regula Whitfield House rule XXIII, clause 13. That rule Boswell Cunningham Fossella Leach Rehberg Wicker permits only those Members of the Boucher Davis (AL) Frank (MA) Lee Renzi Wilson (NM) Boyd Davis (CA) Franks (AZ) Levin Reyes Wilson (SC) House who have signed the oath set out Bradley (NH) Davis (FL) Frelinghuysen Lewis (CA) Reynolds Wolf in clause 13 of House rule XXIII to have Brady (PA) Davis (IL) Frost Lewis (GA) Rodriguez Woolsey access to classified information. Brady (TX) Davis (TN) Gallegly Lewis (KY) Rogers (AL) Wu I would advise Members wishing to Brown (OH) Davis, Jo Ann Garrett (NJ) Linder Rogers (KY) Wynn Brown (SC) Davis, Tom Gerlach Lipinski Rogers (MI) Young (AK) review these documents that they Brown, Corrine Deal (GA) Gibbons LoBiondo Rohrabacher Young (FL) should bring with them a copy of the

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.048 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5439 rule XXIII oath executed by them when ance during their review of these clas- The SPEAKER pro tempore. The gen- they come to the committee office to sified materials. tleman from Michigan (Mr. HOEKSTRA) review that material. If a Member has I urge Members to take some time to and the gentleman from Illinois (Mr. not yet signed the rule XXIII oath, but review these classified documents be- DAVIS) each will control 30 minutes. wishes to review the documentation fore the bill is brought to the floor, in The Chair recognizes the gentleman provided by the DCI, the committee order to better understand the rec- from Michigan (Mr. HOEKSTRA). staff can administer the oath and see ommendations of the Permanent Se- to it that the executed form is sent to lect Committee on Intelligence. Much Mr. HOEKSTRA. Mr. Speaker, I yield the Clerk’s office. of this material cannot be discussed on myself such time as I may consume. Additionally, the committee’s rules the floor. Mr. Speaker, I am pleased that we require that before Members are given The Classified Annex to the commit- are here today to discuss the con- access to any classified material in the tee’s report contains the committee’s ference agreement to S. 342, the Keep- committee’s possession, that Members recommendations on the intelligence ing Children and Families Safe Act of must execute a nondisclosure agree- budget for fiscal year 2004 and related 2003, which reauthorizes and improves ment indicating that they have been classified information that cannot be the Child Abuse Prevention and Treat- granted access to particularly de- disclosed publicly. ment Act, CAPTA; the adoption oppor- scribed classified material; they are fa- b 1500 tunities program; the Abandoned In- miliar with both the rules of the House It is important that Members keep in fants Act; and the Family Violence and the committee rules with respect Prevention and Services Act. to the classified nature of information mind the requirements of rule XXIII, contained in the documents they are clause 13 of the House. That rule only We began this process of reauthor- given for review; and they understand permits access to classified informa- izing CAPTA and FVPSA in the last fully the limitations placed on them tion by those Members of the House Congress. The conference report before with respect to disclosure of that infor- who have signed the oath set out in us today shows our ongoing bipartisan mation. clause 13 of House rule XXIII. effort and our commitment to ensuring The committee requires that this I would advise Members wishing to that programs aimed at the prevention nondisclosure agreement be signed by review the classified annex and its of child abuse and neglect and family any Member seeking to review the doc- classified schedule of authorizations violence continue. uments each time the Member seeks to that they must bring with them a copy of the rule XXIII oath signed by them The conference report before us con- gain access to the documents. tinues to emphasize the prevention of Those are the conditions with which when they come to the committee of- child abuse and neglect before it oc- the committee agreed to make this fice to review that material. curs. It promotes partnerships between material available to any Member. If If a Member has not yet signed that child protective services and private there are any questions, please call the oath, but wishes to review the classi- and community-based organizations, committee and we will be glad to fied annex and schedule of authoriza- including education and health sys- elaborate. tions, the committee staff can admin- tems, to ensure that services and link- f ister the oath as a service for that Member and see to it that the executed ages are more effectively provided. It ANNOUNCEMENT BY CHAIRMAN OF form is sent to the Clerk’s office. We retains important language from the PERMANENT SELECT COM- would be happy to do that. Addition- House bill to appropriately address a MITTEE ON INTELLIGENCE RE- ally, the committee’s rules require growing concern over parents being GARDING AVAILABILITY OF that Members execute a nondisclosure falsely accused of child abuse and ne- CLASSIFIED ANNEX AND SCHED- agreement indicating that they have glect and the aggressiveness of social ULE OF AUTHORIZATIONS been granted access to the classified workers in their child abuse investiga- Mr. GOSS. Mr. Speaker, I wish to an- annex and classified schedule of au- tions. nounce to all Members of the House thorizations, and that they are famil- It retains language to increase public that the Permanent Select Committee iar with both the rules of the House education opportunities that strength- on Intelligence ordered the bill, H.R. and the committee with respect to the en the public’s understanding of the 2417, the Intelligence Authorization classified nature of information con- child protection system while teaching Act for Fiscal Year 2004, reported fa- tained in the classified annex and the the appropriate manner for reporting vorably to the House with an amend- limitations on the disclosure of that suspected incidents of child maltreat- ment. The committee’s report will be information. ment. It also retains language to foster filed later today, Tuesday, June 17, I am sorry for all the bureaucratese, cooperation between parents and child under the unanimous consent just but we take very seriously our respon- protective service workers by requiring agreed to. sibility to keep this matter properly caseworkers to inform parents of the Mr. Speaker, I would also like to an- provided for and safeguarded. allegations made against them, and nounce that the Classified Schedule of f improves the training opportunities for Authorizations and the Classified CONFERENCE REPORT ON S. 342, child protective services personnel re- Annex that accompanies H.R. 2417 will garding the extent and limits of their be available for review by Members at KEEPING CHILDREN AND FAMI- LIES SAFE ACT OF 2003 legal authority in order to protect the the offices of the Permanent Select legal rights of parents and legal guard- Committee on Intelligence in Room H– Mr. HOEKSTRA. Mr. Speaker, pursu- ians. These are important additions to 405 of the Capitol beginning any time ant to House Resolution 276, I call up our Nation’s child abuse laws that after the bill is filed. The committee the conference report on the Senate should not be overlooked. office will open during regular business bill (S. 342) to amend the Child Abuse hours for the convenience of any Mem- Prevention and Treatment Act to This conference report retains the ber who wishes to review this material make improvements to and reauthorize House language requiring States to im- prior to its consideration by the House. programs under that Act, and for other plement policies and procedures to ad- I anticipate that H.R. 2417 will be con- purposes. dress the needs of infants born and sidered on the floor of the House next The Clerk read the title of the Senate identified as being affected by illegal week. bill. substance abuse or withdrawal symp- I would recommend that Members The SPEAKER pro tempore (Mr. toms resulting from prenatal drug ex- wishing to review the Classified Annex FLAKE). Pursuant to rule XXII, the posure, including the requirement that contact the committee’s Director of conference report is considered as hav- health care providers involved in the Security to arrange a time and date for ing been read. delivery or care of these infants notify that viewing. This will assure the (For conference report and state- child protective services of the occur- availability of committee staff to as- ment, see proceedings of the House of rence of such condition and develop a sist Members who desire that assist- June 12, 2003 at page H5307.) plan of safe care for such infants.

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.052 H17PT1 H5440 CONGRESSIONAL RECORD — HOUSE June 17, 2003 In addition, this conference report to better serve some of our neediest is there. If we are going to stand here maintains language expanding adop- and most helpless citizens. today and send the message that we tion opportunities and services for in- In the year 2000, about 879,000 chil- sincerely care about the well-being of fants and young children who are dis- dren were victims of abuse and neglect the less fortunate victims in our Na- abled or born with life-threatening con- in this country. Of this number, ap- tion, we cannot then in the next breath ditions, requires the Secretary of proximately 1,200 children died of abuse send the message to the once-abused Health and Human Services to conduct or neglect, and 44 percent of those chil- mother or father that they are not a study on the annual number of in- dren were under the age of 1. It is in- worth the child tax credit, or to the fants and young children abandoned deed a disturbing thought that an children who witness domestic violence each year, and extends the authoriza- adult would want to hurt an innocent, or violent crimes around their home on tion for the Family Violence Preven- helpless child. Yet it occurs and it oc- a regular and ongoing basis that they tion and Services Act. curs daily in this country. The United are not worth a concrete, comprehen- Finally, Mr. Speaker, I want to States Congress has in the recent past sive program like Head Start. thank all the conferees, both the House taken to the floor to bring awareness Mr. Speaker, as I have said, I am and the Senate, for their hard work to the problem and the need to deal proud of this bill, Keeping Families and and efforts in finalizing this conference with child abuse in this country. This Children Safe Act; but I also do not be- report. I especially want to thank the resolution allows us to not only ac- lieve that we are doing a complete job, gentleman from Ohio (Mr. BOEHNER) knowledge this tragic problem but also that we are doing enough to help the for his continued support throughout to provide some assistance to the chil- neediest and the most helpless, and this process and the gentleman from dren and the families that are victims sometimes youngest, victims in our Pennsylvania (Mr. GREENWOOD) for his of abuse. Nation to be safe and secure. diligence in ensuring that infants born I am very proud of the many good And so I commend the gentleman addicted to drugs receive necessary provisions of this legislation. One is from Michigan; I commend all of those services. I appreciate the assistance of the increase of funds from $33 million who have worked and helped shape this the ranking member of the full com- to $80 million for community-based legislation. I support this legislation. mittee, the gentleman from California groups that run programs to strength- Mr. Speaker, I reserve the balance of my time. (Mr. GEORGE MILLER); and the ranking en and support families in efforts to re- Mr. HOEKSTRA. Mr. Speaker, I yield member of the subcommittee, the gen- duce the level of child abuse that exists 3 minutes to the gentleman from Geor- tleman from Texas (Mr. HINOJOSA), in and that exists among families. There gia (Mr. BURNS), a member of the sub- are also other new funds and emphasis ensuring that we have reached this committee. point here today. I, of course, also to better meet the needs of abused chil- Mr. BURNS. Mr. Speaker, I rise want to thank the chairman of the dren, such as providing funds to meet today to express my support for the Senate HELP Committee, Senator the needs of children who witness do- conference report on S. 342, the Keep- GREGG; the ranking member, Senator mestic violence and have policies in ing Children and Families Safe Act of KENNEDY; and Senator DODD for their place to address the needs of infants 2003. As a member of the conference efforts in finalizing this bill. who are born and identified as having committee, I am proud that it reau- Most importantly, I also want to been physically affected by prenatal thorizes several programs that are crit- thank the staff. This conference report exposure to illegal drugs or to HIV or ical to families in our country. would not be before us today if it were who are HIV-infected. The bill focuses resources on pre- not for the diligence and dedication of However, this bill would only be venting child abuse, improving oppor- the staff who have spent many hours doing half its job if we did not also tunities for adoption of foster children, working through the differences in the look at individuals who assist the vic- and protecting families from violence. two bills to ensure that we reached this tims of abuse. There will be grants It does so by providing necessary funds final agreement. made available to improve child pro- to identify and address issues of child Mr. Speaker, again, I am very pleased tection services, particularly cross- abuse and neglect and working to stop with this conference report. I urge my training to enable child protection family violence before it occurs. These colleagues to join me in support of this service workers to better recognize the issues know no party or boundary. bicameral, bipartisan effort to improve signs of domestic violence and sub- This bipartisan legislation recognizes the prevention and treatment of child stance abuse in addition to child abuse. that we must address the problems in a abuse and family violence. It also calls on States to provide better comprehensive way. It shows that we Mr. Speaker, I reserve the balance of training and to strengthen efforts to- can bring public and private resources my time. ward child abuse prevention programs. to bear in this fight by promoting part- Mr. DAVIS of Illinois. Mr. Speaker, I As our economy worsens and the nerships between child protective serv- yield myself such time as I may con- number of unemployed, especially ices and community-based organiza- sume. I rise today in support of Senate long-term unemployment, rises, we tions. The conference report also gives bill 342, the Keeping Children and Fam- need to recall the correlation between priority to the training, recruitment, ilies Safe Act to amend the Child the state of the economy and violence. and retention of those who provide Abuse Prevention and Treatment Act. With high unemployment and a weak services for the victims of violence and First of all, I want to commend economy, more adults will become abuse. We must not lose the benefits of Chairman BOEHNER and Ranking Mem- frustrated and depressed, both of which the experience of these individuals. ber MILLER for their movement of this often lead to child abuse. You mix to- Our families and children form the legislation to the floor. Obviously I am gether an unemployed individual who basis of our society and the future of pleased with my participation as a feels depressed, frustrated and stressed, our country. By providing a national member of the conference committee. I who becomes overwhelmed, and it is clearinghouse of effective child abuse also commend the gentleman from unfortunate that more of them will prevention programs and training re- Michigan (Mr. HOEKSTRA), the gen- take out their rage or their emotion on sources for law enforcement and social tleman from Pennsylvania (Mr. GREEN- whoever is closest or whatever is clos- service personnel, we can help State WOOD), and the gentleman from Texas est to them. At times, sadly, this may and local programs operate more effec- (Mr. HINOJOSA) for their participation. be released on a spouse or a child. tively. This bill demonstrates our na- Also I would like to thank the House Just as the bill would be incomplete tional commitment to the welfare of committee Democratic staff, Ruth if it did not acknowledge improve- those most vulnerable of our citizens. Friedman, Ricardo Martinez, and ments for child protection systems, we We have an opportunity to help break Maggie McDow and the Republican would be incomplete in our focus on the cycle of domestic violence and committee staff, Pam Davidson, improving the status of at-risk chil- abuse and give a better future to chil- Krisann Pearce, Kate Houston, Rebecca dren if we did not acknowledge the dren who would have had no future at Hunt, and Judy Boyer for all of their state of the economy and the need of a all. I would urge all of my colleagues to hard work and collaboration with the tax credit for our neediest families. vote for the conference report and pass Senate staff in shaping this legislation One may not see the correlation, but it this legislation today.

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.053 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5441 Mr. DAVIS of Illinois. Mr. Speaker, under the age of six. Unfortunately, in families, some of whom have their it is my pleasure to yield 6 minutes to my home State of Texas, 47,400 chil- loved ones on the front lines of Iraq. the gentlewoman from Texas (Ms. dren were confirmed victims of abuse Mr. Speaker, this body should be a JACKSON-LEE), who is indeed an advo- or neglect. There are over 6 million problem-solver. As the gentleman from cate for children, not only an advocate children in Texas. This legislation will Illinois (Mr. DAVIS) has said, we have a for children but who is indeed an advo- hopefully focus with resources, instruc- lot of work that we have accomplished, cate for whatever is good and whole- tion, and of course aiding and insisting but much work to be done. Let us not some for the United States of America. on better services in our States to abolish Head Start with this mis- make sure that we confront this prob- directed legislation headed to the floor. b 1515 lem head on. Let us pass this legislation enthusiasti- Ms. JACKSON-LEE of Texas. Mr. Just a few years ago I joined with the cally to protect our children, but yet Speaker, I thank the very distin- children’s protective services in Harris let us not leave 19 million children out guished gentleman from Illinois (Mr. County to tackle the problem of aban- in the cold without an effective child DAVIS) for yielding me this time. doned children, to engage in a billboard tax credit for low-income families. Let I have very much appreciated his campaign along with other outreach us pass that legislation as we pass S. leadership on the issues dealing with campaigns to insist that there are 342, and let us work to secure and pro- children in America. We have spent other ways to avoid abandoning a baby tect Head Start funding to the Head some time in Texas listening to many and leaving a child unattended and to Start programs and not abolish it by of our social worker, skilled social be able to work with the children’s pro- block granting those funds to the workers from around the Nation giving tective services and foster parent care State. us instructions on the importance of to ensure that our children are never I thank the distinguished gentleman providing social services to the needs abandoned along a roadside or in a gar- for yielding me this time, and I ask my of our children. bage dump. We are still working on colleagues to enthusiastically support To the gentleman from Ohio (Mr. that problem, Mr. Speaker; and we S. 342. BOEHNER), the full committee chair- have a long way to go. Mr. Speaker, I rise in support of this rule man; and to the gentleman from Cali- I would say that the gentleman from and the underlying Conference Report on S. fornia (Mr. GEORGE MILLER); and to the Illinois (Mr. DAVIS) is absolutely cor- 342, the Keeping Children and Families Safe gentleman from Michigan (Mr. HOEK- rect. While we are protecting our chil- Act of 2003. I join my colleagues and reiterate STRA) for his leadership on this issue, I dren against abuse, whether it is sexual how important it is to protect our children from too rise in support of S. 342, Keeping abuse and neglect, whether it is by way abuse and neglect. Children and Families Safe Act of 2003, of medical treatment or nutrition, we Many states are dependent on Federal and will share a number of comments also need to look at programs that are money to meet the increasing demand for on the importance of this legislation headed our way to this floor; and cer- child abuse prevention programs. This legisla- that deals with enhancing the re- tainly this morning in a hearing spon- tion is important because it is the only Federal sources and the instructions and guide- sored by the Congressional Black Cau- legislation that directly addresses the preven- lines for protecting the Nation’s chil- cus it is very clear that the Head Start tion of child abuse. Currently, there is a $2.5 dren against abuse and neglect. program is not broken and should not billion spending gap between what this country It is not my purpose to fault one be fixed. Absolutely, legislation that is spends on child abuse prevention and what is State over another. Certainly all of us making its way to this floor should not needed. As a nation we cannot rest, we can come from jurisdictions that can stand include a block grant provision that not sit idly by with the knowledge that millions improvement, and this legislation will takes moneys away from this vital of children are not being properly cared for. help us do so. But in the last few weeks Head Start program, 38 years old, that Child abuse and neglect victims may experi- ence one or more kinds of maltreatment in- and months, we note the tragedies that provides nurturing and caring atti- cluding neglect, physical abuse, sexual abuse, occurred in the State of New Jersey tudes toward our children, a nurturing psychological or other maltreatment. Neglect and Florida, in particular in Florida and supportive atmosphere for our par- is the most common form of child maltreat- the missing little girl still yet to be ents, immunization and nutrition, giv- ment and in recent years close to 63 percent found who was taken away from her ing some of these children two meals a of child abuse victims suffered neglect (includ- grandmother by someone who alleged day that they would have never have ing medical neglect). Of the millions of chil- to be within the children’s protective gotten. This effort to block grant this dren who are reported abused or neglected, services, and similar stories in the program even if it is only in eight 24 percent suffered physical abuse, 12 per- State of New Jersey shows that our States, Mr. Speaker, is misdirected and cent suffered sexual abuse, 6 percent suffered system is broken and needs to be fixed. loses the point of what Head Start has emotional maltreatment and three percent suf- Frankly, this legislation ensures that done for 38 years. Clearly, we can work fered from medical neglect. Sadly, almost 40 hopefully that we can focus on that to improve our program; but we should percent of the children were under the age of broken aspect. not abolish it, and we have people in 6. There is currently a $2.5 billion Congress today, Head Start profes- I am particularly concerned with that 12 per- spending gap between what this coun- sionals and parents, who are advo- cent of cases involving sexual abuse. Child try spends on child abuse and preven- cating do not abolish Head Start; and I sexual abuse includes actual physical abuse tion and what is needed, and as a Na- hope that our colleagues will listen to such as touching a child’s genital area or mo- tion we cannot rest. We cannot sit idly them. lestation, and it also includes sexual assault, by with the knowledge that millions of I would say also, Mr. Speaker, that self-exposure (flashing), voyeurism, and ex- children are not being properly cared we have another job yet undone, and posing children to pornography. for. Child abuse and neglect victims that is to provide a tax credit for low- Unfortunately, in my home state of Texas may experience one or more kinds of income children. Yes, this legislation 47,400 children are confirmed victims of abuse maltreatment including neglect, phys- is extremely important. But today, or neglect. I want to put that number into per- ical abuse, sexual abuse, psychological June 17, 2003, America’s low-income spective, Mr. Speaker. There are over six mil- or other maltreatment. Neglect is the children still do not have a tax credit. lion children in Texas. Over one million Texas most common form of child maltreat- What we can do, Mr. Speaker, is imme- children live in poverty. Many of the children ment; and in recent years, close to 63 diately pass the Senate bill and send it and families I am talking about would not have percent of child abuse victims suffer to the President’s desk and send the been eligible for the Republican’s child tax neglect including medical neglect. Senate bill to our low-income families. credit. Studies have shown that poverty is one Of the millions of children who re- In my State of Texas, 2.129 million of the many societal elements that can in- ported abuse and neglect, 24 percent children are missing the impact of a crease the occurrence of child abuse. I am suffered physical abuse, 12 percent suf- low-income tax credit because we have glad to say that this underlying bill will lead to fered sexual abuse, 6 percent suffered stalled this legislation in the House. In services for all families, including those whose emotional maltreatment, and 3 percent addition, 12 million to 19 million chil- incomes are low. suffered from medical neglect. Sadly, dren could be helped by the Senate bill It is beyond reprehensible that anyone almost 40 percent of the children are along with the children of our military would treat children in this way. Furthermore,

VerDate Jan 31 2003 02:46 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K17JN7.054 H17PT1 H5442 CONGRESSIONAL RECORD — HOUSE June 17, 2003 it would be despicable for this Congress not to vided in bringing this legislation before programs aimed at the prevention of do everything possible to help prevent such us and to the floor of the House. child abuse and neglect are strength- abuse. I have always been told that the ened and continue to serve vulnerable Between 1993 and 1999, the incidence of greatness of a society can be deter- children. child abuse and neglect declined on the na- mined by how well it looks after its When this process began, we wanted tional level. However, after 1999 the incidence old, how well it looks after its young, to ensure that the final bill reflected of child abuse rose. We must turn that tide and what it does for those who have our strong belief that every child in back around. We must not be discouraged by difficulty in looking out for them- America deserves the security of being the size of the problem we must seek to work selves. And when we think about part of a safe, permanent, and caring together, in a bipartisan way. Because the abused and neglected children, we are family. And I am pleased to say that matter of protecting our children is not political thinking about individuals who have the conference report that we have be- or partisan it is simply the most important difficulty looking out for themselves. fore us does just that. It aims to im- thing that this body can do. For the last 10 or more years each prove program implementation, mak- There is more that we can do. In fact, there Christmas Eve, I and a group of my ing enhancements to current law to en- is more that we must do. The underlying bill friends visit what we call halfway sure that States have the necessary re- is a step in the right direction therefore I sup- houses for neglected and abused chil- sources and flexibility to properly ad- port the rule on the Conference Report for S. dren; and to see little children in the dress the prevention of child abuse and 342. basements of apartment buildings, in neglect. This conference report retains Mr. HOEKSTRA. Mr. Speaker, I yield the basements of churches or in many language to ensure that children are 3 minutes to the gentleman from Ne- instances just places that the keepers protected from abuse and neglect vada (Mr. PORTER), vice chairman of of these facilities have found and to see through best practice prevention and the subcommittee. them there with little hope, with no treatment services. And, importantly, Mr. PORTER. Mr. Speaker, I rise real encouragement, and not even it continues to reflect our belief that today in support of the conference knowing what the season is about, and we can help achieve this goal by main- agreement to S. 342, the Keeping Chil- to see the glee and the joy that they taining resources for adoption opportu- dren and Families Safe Act of 2003. Mr. have just when they are given an apple nities, identifying and addressing the Speaker, this legislation builds upon or an orange or some fruit or a toy that needs of abandoned infants, and ensur- changes made during the last reauthor- someone else may have just given ing that resources continue to be avail- ization of the Child Abuse Prevention away, that speaks to what this legisla- able to promote family violence pre- and Treatment Act and the Family Vi- tion will mean. If we can prevent fami- vention activities. This conference re- olence Prevention and Services Act, di- lies from taking out their frustration port also retains language to address recting its efforts towards the preven- on children, if we can find children who the problem of child abandonment and tion of child abuse and neglect and have left home, who themselves are abuse with effective solutions that family violence in collaboration with confused, if we can bring hope to the make a real difference in the lives of child protective services. It would en- hopeless and help to those who are children. sure that States have the necessary helpless, then that is really what In addition, this conference report flexibility and resources for identifying America should be about; and that is continues to appropriately address and addressing the issues of child mal- one of the things that this legislation issues regarding child protective serv- treatment and family violence before helps to do. So once again, I commend ices across the United States by en- they occur and works to protect and all of those who have been instru- hancing training for personnel, requir- treat abused and neglected children mental in bringing it to this point. ing more effective partnerships be- and victims of family violence. Mr. Speaker, I reserve the balance of tween child protective services and pri- According to the United States De- my time. vate and community-based organiza- partment of Health and Human Serv- Mr. HOEKSTRA. Mr. Speaker, I yield tions, and improving public education ices, in 2001 there were an estimated myself such time as I may consume. on the children protection system. This 903,000 victims of abuse or neglect na- I would like to thank the gentleman conference report enjoys a strong bi- tionally. Almost three-fifths of all vic- from Illinois (Mr. DAVIS) for the kind partisan support and is widely sup- tims suffered from neglect, and the words and the tone of discussion and ported throughout the child abuse pre- most victimized children were in the the debate today. It is not a debate. We vention and family violence prevention zero to three age group. In Clark Coun- have worked very positively in a bipar- communities. I want to thank all the ty, Nevada, while there was an increase tisan way to bring this legislation not conferees from both the House and the in the number of child abuse and ne- only through the House but through a Senate for their efforts in getting us to glect reports, up in 2001 to 8,316, in 2000 conference committee, and one of the this point. there was a drop to 7,932. There was a instrumental leaders in making sure I especially want to thank the Select decrease in the substantiated child that that is a tone that we have on the Education Subcommittee chairman abuse reports as a percentage of the committee and the tone for this piece (Chairman HOEKSTRA) for his leader- total reports in 2001, having contin- of legislation is the chairman of the ship and dedication to the completion ually declined from 1997. And with the full committee. of this conference report; the gen- improvements we have established Mr. Speaker, I yield 4 minutes to the tleman from Pennsylvania (Mr. GREEN- throughout the intense conference ne- gentleman from Ohio (Chairman WOOD); the gentleman from Texas (Mr. gotiations on the Keeping Children and BOEHNER) and express our appreciation HINOJOSA); the gentleman from Illinois Families Safe Act of 2003, I hope to see and thanks for having the opportunity (Mr. DAVIS); and the gentleman from a further decline in child abuse and to move this bill. California (Mr. GEORGE MILLER), my family violence across this country. Mr. BOEHNER. Mr. Speaker, I thank friend and the ranking member of our It is important that children and my colleague for yielding me this time. committee. families can lead safe and healthy I thank both him and the gentleman lives. Treatment and preventative from Illinois (Mr. DAVIS) and many b 1530 measures are essential to stopping this others for their efforts in bringing us I wish to thank Senator GREGG, the abuse. I urge my colleagues to support here, and I rise today in support of the Chairman of the Senate Health Com- this conference report. conference report to S. 342, the Keeping mittee, Senator KENNEDY, the ranking Mr. DAVIS of Illinois. Mr. Speaker, I Children and Families Safe Act of 2003. member, and Senator DODD for their yield myself 4 minutes. This conference report reauthorizes the assistance in finalizing and helping us Mr. Speaker, I noticed that the chair- Child Abuse Prevention and Treatment bring this legislation forward today. man of the Committee on Education Act and the Family Violence Preven- I also want to thank the staff for and the Workforce has come to the tion and Services Act and related pro- their hard work and their dedication, floor, and again I want to reiterate my grams and acts. The conference report especially Krisann Pearce, Pam David- commendations to him for the out- represents, I think, our efforts and son, Kate Houston, Holli Traud, Alexa standing leadership that he has pro- commitment to once again ensure that Marrero, and Jo-Marie St. Martin of

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.034 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5443 my committee staff; Ruth Friedman resents a bipartisan, bicameral effort to protect ANNOUNCEMENT BY THE SPEAKER with the gentleman from California children. PRO TEMPORE (Mr. GEORGE MILLER), Ricardo Mar- As with the Amber Alert legislation, and the The SPEAKER pro tempore. Pursu- tinez with the gentleman from Texas Runaway, Homeless and Missing Children ant to clause 8 of rule XX, and the (Mr. HINOJOSA), Rebecca Hunt with the Protection Act that passed the House earlier Chair’s prior announcement, the Chair staff of the gentleman from Michigan this year, this legislation shows that we are will now put each question on which (Mr. HOEKSTRA), Judy Borger and Matt unified in our desire to protect young people further proceedings were postponed Haggerty with the gentleman from who are in danger. I am proud to be a part of earlier today in the following order: Pennsylvania (Mr. GREENWOOD), and this effort. Conference report to accompany S. the counsel from the minority side, I won’t repeat all the technical aspects of 342, by the yeas and nays; Mort Zuckerman, whom I see in the the bill, but this effort will focus on the preven- Motion to suspend the rules and Chamber. They have all worked in an tion and treatment of child abuse by author- adopt S. Con. Res. 43, by the yeas and especially close way to help bring us izing grants to States to help with the func- nays; here today. tions of the child protection system. It also Speaker’s approval of the Journal, de So I want to urge my colleagues to provides authority for research and dem- novo. support the conference report to S. 342, onstration projects, enhances investigations The Chair will reduce to 5 minutes and thank them for all of their hard and prosecutions of maltreatment, and pro- the time for any electronic vote after work. vides grants for local community-based pro- the first such vote in this series. Mr. DAVIS of Illinois. Mr. Speaker, I grams. yield myself such time as I may con- I am pleased that we were able to include f sume. in the final agreement demonstration programs Mr. Speaker, I am going to note it is to assist children who witness domestic vio- CONFERENCE REPORT ON S. 342, a pleasure to see as many children in lence as well as an Internet enhancement of KEEPING CHILDREN AND FAMI- the Chamber as there are to see this bi- the domestic violence hotline. LIES SAFE ACT OF 2003 partisan legislation being approved. I There is no more important task before this The SPEAKER pro tempore. The would reiterate that there is nothing Congress than to protect the most vulnerable pending business is the question of more important that America could do of our Nation’s children. agreeing to the conference report on than to demonstrate how important I only hope that our commitment to children the Senate bill, S. 342, on which the children are and prepare for the future will extend beyond rhetoric to the resources yeas and nays are ordered. leaders of our Nation to emerge, to needed to fully fund these and other programs The Clerk read the title of the Senate have the kind of services that they for children. Unfortunately, help for poor, dis- bill. need, the kind of programs. advantaged children has taken a backseat to The SPEAKER pro tempore. The We cannot afford to lose a single one. tax breaks for the wealthy. We are sending a question is on the conference report. So every time we can go out and bring clear message to our young people, not only The vote was taken by electronic de- in a child who may have been lost, may will we leave you behind, we will also leave vice, and there were—yeas 421, nays 3, have been neglected or may have been you the bill. not voting 10, as follows: abused we are actually doing the best I firmly urge all my colleagues to support the [Roll No. 282] work that we could do. I would urge final conference agreement. When the time YEAS—421 support of this legislation. comes, I also urge you to support the re- Mr. Speaker, I yield back the balance Abercrombie Burgess Deutsch sources necessary to protect, defend, and Ackerman Burns Dicks of my time. educate our children. Aderholt Burr Dingell Mr. HOEKSTRA. Mr. Speaker, I yield Mr. HOEKSTRA. Mr. Speaker, I yield Akin Burton (IN) Doggett myself such time as I may consume. back the balance of my time. Alexander Buyer Dooley (CA) Mr. Speaker, I would like to just reit- Allen Calvert Doolittle The SPEAKER pro tempore (Mr. Andrews Camp Doyle erate my support to the comments of FLAKE). Without objection, the pre- Baca Cannon Dreier the gentleman from Illinois (Mr. vious question is ordered on the con- Bachus Cantor Duncan DAVIS). It is absolutely true that soci- Baird Capito Dunn ference report. Baker Capps Edwards ety will be measured by how we take There was no objection. Baldwin Capuano Ehlers care of those who are least able to take The SPEAKER pro tempore. The Ballance Cardin Emanuel care of themselves. This bill is a step in question is on the conference report. Ballenger Cardoza Emerson the right direction. I hope that we can Barrett (SC) Carson (OK) Engel The question was taken; and the Bartlett (MD) Carter English continued working on these issues and Speaker pro tempore announced that Barton (TX) Case Eshoo other issues to make sure that we do the ayes appeared to have it. Bass Castle Etheridge not leave a single child behind, either Beauprez Chabot Evans Mr. HOEKSTRA. Mr. Speaker, on Becerra Chocola Everett at this stage in life through the edu- that I demand the yeas and nays. Bell Clay Farr cation process or later on as they enter The yeas and nays were ordered. Bereuter Clyburn Fattah into higher education. The SPEAKER pro tempore. Pursu- Berkley Coble Feeney Those are all the kinds of issues that Berman Cole Ferguson ant to clause 8 of rule XX, further pro- Berry Collins Filner we will either consider at the sub- ceedings on this question are post- Biggert Conyers Fletcher committee or the full committee level, poned. Bilirakis Cooper Foley and hopefully we can continue to main- Bishop (GA) Costello Forbes f Bishop (NY) Cox Ford tain this bipartisan support on these Bishop (UT) Cramer Fossella very, very critical issues, recognizing RECESS Blackburn Crane Frank (MA) that we each come from different com- Blumenauer Crenshaw Franks (AZ) The SPEAKER pro tempore. Pursu- munities with different perspectives, Blunt Crowley Frelinghuysen ant to clause 12(a) of rule I, the Chair Boehlert Culberson Frost different backgrounds and different declares the House in recess subject to Boehner Cummings Gallegly needs, and that by bringing those per- Bonilla Cunningham Garrett (NJ) the call of the Chair. spectives to the committee, by bring- Bonner Davis (AL) Gerlach Accordingly (at 3 o’clock and 34 min- ing those perspectives to the House, we Bono Davis (CA) Gibbons utes p.m.), the House stood in recess Boozman Davis (FL) Gilchrest will reach the appropriate kind of leg- subject to the call of the Chair. Boswell Davis (IL) Gillmor islation that will have the most impact Boucher Davis (TN) Gingrey and most beneficial impact across b 1645 Boyd Davis, Jo Ann Gonzalez Bradley (NH) Davis, Tom Goode America. AFTER RECESS Brady (PA) Deal (GA) Goodlatte Mr. Speaker, I urge my colleagues to Brady (TX) DeFazio Gordon support this legislation. The recess having expired, the House Brown (OH) DeGette Goss Mr. HINOJOSA. Mr. Speaker, I commend was called to order by the Speaker pro Brown (SC) Delahunt Granger Brown, Corrine DeLauro Graves the committee leadership in both Chambers tempore (Mr. QUINN) at 4 o’clock and 45 Brown-Waite, DeLay Green (TX) for bringing forth this agreement, which rep- minutes p.m. Ginny DeMint Green (WI)

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.060 H17PT1 H5444 CONGRESSIONAL RECORD — HOUSE June 17, 2003 Greenwood Matheson Rush NOT VOTING—10 English Kolbe Putnam Grijalva Matsui Ryan (OH) Eshoo Kucinich Quinn Carson (IN) Gephardt Ros-Lehtinen Gutierrez McCarthy (MO) Ryan (WI) Etheridge LaHood Radanovich Cubin Lofgren Smith (WA) Evans Lampson Rahall Gutknecht McCarthy (NY) Ryun (KS) Diaz-Balart, L. Millender- Weldon (PA) Everett Langevin Ramstad Hall McCollum Sabo Diaz-Balart, M. McDonald Harman McCotter Sanchez, Linda Farr Lantos Rangel Harris McCrery T. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Feeney Larsen (WA) Regula Hart McDermott Sanchez, Loretta Ferguson Larson (CT) Rehberg The SPEAKER pro tempore (during Filner Latham Renzi Hastings (FL) McGovern Sanders the vote). Members are advised that Hastings (WA) McHugh Sandlin Flake LaTourette Reyes Fletcher Leach Reynolds Hayes McInnis Saxton there are 2 minutes remaining in this Foley Lee Rodriguez Hayworth McIntyre Schakowsky vote. Forbes Levin Rogers (AL) Hefley McKeon Schiff Ford Lewis (CA) Rogers (KY) Hensarling McNulty Schrock b 1707 Fossella Lewis (GA) Rogers (MI) Meehan Herger Scott (GA) Frank (MA) Lewis (KY) Rohrabacher Meek (FL) So the conference report was agreed Hill Scott (VA) Franks (AZ) Linder Ross Hinchey Meeks (NY) Sensenbrenner to. Frelinghuysen Lipinski Rothman Hinojosa Menendez Serrano The result of the vote was announced Frost LoBiondo Roybal-Allard Hobson Mica Sessions as above recorded. Gallegly Lowey Royce Michaud Hoeffel Shadegg A motion to reconsider was laid on Garrett (NJ) Lucas (KY) Ruppersberger Hoekstra Miller (FL) Shaw Gerlach Lucas (OK) Rush Holden Miller (MI) Shays the table. Gibbons Lynch Ryan (OH) Holt Miller (NC) Sherman Gilchrest Majette Ryan (WI) Honda Miller, Gary Sherwood f Gillmor Maloney Ryun (KS) Hooley (OR) Miller, George Shimkus Gingrey Manzullo Sabo Houghton Mollohan Shuster SENSE OF CONGRESS THAT CON- Gonzalez Markey Sanchez, Linda Hoyer Moore Simmons GRESS SHOULD PARTICIPATE IN Goode Marshall T. Hulshof Moran (KS) Simpson AND SUPPORT ACTIVITIES TO Goodlatte Matheson Sanchez, Loretta Hunter Moran (VA) Skelton PROVIDE DECENT HOMES FOR Gordon Matsui Sanders Hyde Murphy Slaughter Goss McCarthy (MO) Sandlin Inslee Murtha Smith (MI) THE PEOPLE OF THE UNITED Granger McCarthy (NY) Saxton Isakson Musgrave Smith (NJ) STATES Graves McCollum Schakowsky Israel Myrick Green (TX) McCotter Schiff Smith (TX) The SPEAKER pro tempore (Mr. Issa Nadler Snyder Green (WI) McCrery Schrock Greenwood McDermott Scott (GA) Istook Napolitano Solis QUINN). The pending business is the Grijalva McGovern Scott (VA) Jackson (IL) Neal (MA) Souder question of suspending the rules and Gutierrez McHugh Sensenbrenner Jackson-Lee Nethercutt Spratt concurring in the Senate concurrent Gutknecht McInnis Serrano (TX) Neugebauer Stark resolution, S. Con. Res. 43. Hall McIntyre Sessions Janklow Ney Stearns Jefferson Northup The Clerk read the title of the Senate Harman McKeon Shadegg Stenholm Harris McNulty Shaw Jenkins Norwood Strickland concurrent resolution. John Nunes Hart Meehan Shays Stupak The SPEAKER pro tempore. The Johnson (CT) Nussle Hastings (FL) Meek (FL) Sherman Sullivan Johnson (IL) Oberstar question is on the motion offered by Hastings (WA) Meeks (NY) Sherwood Sweeney Johnson, E. B. Obey the gentleman from California (Mr. Hayes Menendez Shimkus Tancredo Hayworth Mica Shuster Johnson, Sam Olver GARY G. MILLER) that the House sus- Tanner Hefley Michaud Simmons Jones (NC) Ortiz Tauscher pend the rules and concur in the Sen- Hensarling Miller (FL) Simpson Jones (OH) Osborne Tauzin ate concurrent resolution, S. Con. Res. Herger Miller (MI) Skelton Kanjorski Ose Taylor (MS) Hill Miller (NC) Slaughter Kaptur Otter 43, on which the yeas and nays are or- Taylor (NC) Hinchey Miller, Gary Smith (MI) Keller Owens dered. Terry Hinojosa Miller, George Smith (NJ) Kelly Oxley Thomas This will be a 5-minute vote. Hobson Mollohan Smith (TX) Kennedy (MN) Pallone Thompson (CA) The vote was taken by electronic de- Hoeffel Moore Snyder Kennedy (RI) Pascrell Thompson (MS) Hoekstra Moran (KS) Solis Kildee Pastor vice, and there were—yeas 421, nays 1, Thornberry Holden Moran (VA) Souder Kilpatrick Payne not voting 12, as follows: Holt Murphy Spratt Tiahrt Kind Pearce Honda Murtha Stark Tiberi [Roll No. 283] King (IA) Pelosi Hooley (OR) Musgrave Stearns Tierney King (NY) Pence YEAS—421 Hostettler Myrick Stenholm Kingston Peterson (MN) Toomey Abercrombie Boswell Costello Houghton Napolitano Strickland Kirk Peterson (PA) Towns Ackerman Boucher Cox Hoyer Neal (MA) Stupak Kleczka Petri Turner (OH) Aderholt Boyd Cramer Hulshof Nethercutt Sullivan Kline Pickering Turner (TX) Akin Bradley (NH) Crane Hyde Neugebauer Sweeney Knollenberg Pitts Udall (CO) Alexander Brady (PA) Crenshaw Inslee Ney Tancredo Kolbe Platts Udall (NM) Allen Brady (TX) Crowley Isakson Northup Tanner Kucinich Pombo Upton Andrews Brown (OH) Culberson Israel Norwood Tauscher LaHood Pomeroy Van Hollen Baca Brown (SC) Cummings Issa Nunes Tauzin Lampson Porter Velazquez Baird Brown, Corrine Cunningham Istook Nussle Taylor (MS) Langevin Portman Visclosky Baker Brown-Waite, Davis (AL) Jackson (IL) Oberstar Taylor (NC) Lantos Price (NC) Vitter Baldwin Ginny Davis (CA) Jackson-Lee Obey Terry Ballance Burgess Davis (FL) (TX) Olver Thomas Larsen (WA) Pryce (OH) Walden (OR) Ballenger Burns Davis (IL) Janklow Ortiz Thompson (CA) Larson (CT) Putnam Walsh Barrett (SC) Burr Davis (TN) Jefferson Osborne Thompson (MS) Latham Quinn Wamp Bartlett (MD) Burton (IN) Davis, Jo Ann Jenkins Ose Thornberry LaTourette Waters Radanovich Barton (TX) Buyer Davis, Tom John Otter Tiahrt Watson Leach Rahall Bass Calvert Deal (GA) Johnson (CT) Owens Tiberi Watt Lee Ramstad Beauprez Camp DeFazio Johnson (IL) Oxley Tierney Waxman Levin Rangel Becerra Cannon DeGette Johnson, E. B. Pallone Toomey Lewis (CA) Regula Weiner Bell Cantor Delahunt Johnson, Sam Pascrell Towns Lewis (GA) Rehberg Weldon (FL) Bereuter Capito DeLauro Jones (NC) Pastor Turner (OH) Lewis (KY) Renzi Weller Berkley Capps DeLay Jones (OH) Paul Turner (TX) Linder Reyes Wexler Berman Capuano DeMint Kanjorski Payne Udall (CO) Lipinski Reynolds Whitfield Berry Cardin Deutsch Kaptur Pearce Udall (NM) LoBiondo Rodriguez Wicker Biggert Cardoza Dicks Keller Pelosi Upton Lowey Rogers (AL) Wilson (NM) Bilirakis Carson (OK) Dingell Kelly Pence Van Hollen Lucas (KY) Rogers (KY) Wilson (SC) Bishop (GA) Carter Doggett Kennedy (MN) Peterson (MN) Velazquez Lucas (OK) Rogers (MI) Wolf Bishop (NY) Case Dooley (CA) Kennedy (RI) Peterson (PA) Visclosky Lynch Rohrabacher Woolsey Bishop (UT) Castle Doolittle Kildee Petri Vitter Majette Ross Wu Blackburn Chabot Doyle Kilpatrick Pickering Walden (OR) Maloney Rothman Wynn Blumenauer Chocola Dreier Kind Pitts Walsh Manzullo Roybal-Allard Young (AK) Blunt Clay Duncan King (IA) Platts Wamp Markey Royce Young (FL) Boehlert Clyburn Dunn King (NY) Pombo Waters Marshall Ruppersberger Boehner Coble Edwards Kingston Pomeroy Watson Bonilla Cole Ehlers Kirk Porter Watt NAYS—3 Bonner Collins Emanuel Kleczka Portman Waxman Bono Conyers Emerson Kline Price (NC) Weiner Flake Hostettler Paul Boozman Cooper Engel Knollenberg Pryce (OH) Weldon (FL)

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.036 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5445 Weldon (PA) Wilson (NM) Wynn Mr. MCCOTTER. Mr. Speaker, on ference report would be quickly ap- Weller Wilson (SC) Young (AK) June 12, a friend to all my community, proved by each House and sent to the Wexler Wolf Young (FL) Whitfield Woolsey Mr. John Dinan, passed away following President, who, as I mentioned, has Wicker Wu a courageous fight with cancer, but his said he will sign it. NAYS—1 unique achievements as a developer But let us be clear, the House Repub- licans do not want this bill to become Nadler will long stand as a testimony to his vision and innovation. law. In the 12 days since the Senate NOT VOTING—12 After graduating from the University passed its bill by a 94 to 2 vote on June Bachus Fattah Millender- of Detroit High School in 1944, John 5, a strong bipartisan vote, 94 to 2, the Carson (IN) Gephardt McDonald went off to serve in the Navy during Republican majority in the House has Cubin Hunter Ros-Lehtinen voted six times not to accept the Sen- Diaz-Balart, L. Lofgren Smith (WA) World War II, and returned to earn a Diaz-Balart, M. degree in civil engineering. ate bill. Instead, the Republicans voted to send a bloated $82 billion bill to con- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE John began his career in public serv- ice, becoming Farmington City Man- ference, which they know the Senate The SPEAKER pro tempore (Mr. will not accept. It is not paid for, it is FLAKE) (during the vote). Members are ager, where he garnered experience and recognition by leading the city’s suc- reckless, it is irresponsible. reminded there are 2 minutes within The Republican leadership in the cessful downtown redevelopment which to record their vote. House simply does not want to expand project, despite difficult fiscal condi- the child tax credit, which corrects the b 1715 tions. Upon leaving his post, John unfair omission of nearly 12 million So (two-thirds having voted in favor formed his own development firm, com- children, including 250,000 children of thereof) the rules were suspended and mitted to an architectural style, incor- our active duty military personnel. the Senate concurrent resolution was porating and complementing the com- Mr. Speaker, we are here because our concurred in. munity’s natural aesthetics. constituents have entrusted us with se- The result of the vote was announced During his rise and tenure at the pin- rious responsibilities. We have the re- as above recorded. nacle of his profession, John always sponsibility to our veterans and our A motion to reconsider was laid on gave back to the neighbors in the com- military to make sure we honor their the table. munities he developed. sacrifices and be true to the resolu- Stated for: Thus, on behalf of us all, I extend my tions that we make honoring them Mr. BACHUS. Mr. Speaker, on rollcall No. deepest condolences to his wife Jean, here in this House almost on a daily 283 I was unavoidably detained. Had I been and his entire family, for their loss. basis. That is appropriate, to honor present, I would have voted ‘‘yea.’’ f them, to respect their patriotism, their f courage, and to recognize the sacrifice REMOVAL OF NAME OF MEMBER they are willing to make for our coun- PERSONAL EXPLANATION AS COSPONSOR OF H.R. 1472 try. How then can we say to them that Ms. MILLENDER-MCDONALD. Mr. Speaker, Mr. NUNES. Mr. Speaker, I ask unan- their children are not worthy of this on rollcall No. 279, I would have voted ‘‘no’’; imous consent to have my name re- extension of the tax credit? Nos. 280, 281, 282, 283, I would have voted moved as a cosponsor of H.R. 1472. We also have a responsibility to our ‘‘yea.’’ I was detained at the airport unable to The SPEAKER pro tempore. Is there parents and grandparents to improve get here for hours due to inclimate weather objection to the request of the gen- and strengthen the Medicare program and traffic jam and congestion. tleman from California? they know and trust, and we have a re- f There was no objection. sponsibility to future generations to leave them with a country that is even THE JOURNAL f better and stronger and more secure The SPEAKER pro tempore. Pursu- SPECIAL ORDERS than the one we inherited from our ant to clause 8, rule XX, the pending parents. business is the question on agreeing to The SPEAKER pro tempore. Under Providing the tax credit to working the Speaker’s approval of the Journal the Speaker’s announced policy of Jan- and military families is not something of the last day’s proceedings. uary 7, 2003, and under a previous order that we do not have time for. If chil- Pursuant to clause 1, rule I, the Jour- of the House, the following Members dren are a priority for us, then we nal stands approved. will be recognized for 5 minutes each. make them a priority, and that means we have time for them. It is not some- f f thing that we can cavalierly shrug off PERMISSION FOR PERMANENT SE- TIME TO GO TO CONFERENCE ON with phrases like ‘‘It ain’t gonna hap- LECT COMMITTEE ON INTEL- CHILD TAX CREDIT pen,’’ to quote my colleagues. It is not LIGENCE TO FILE REPORT ON The SPEAKER pro tempore. Under a something that ‘‘we should only con- H.R. 2417, INTELLIGENCE AU- previous order of the House, the gentle- sider if we get something for it,’’ to THORIZATION ACT FOR FISCAL woman from California (Ms. PELOSI) is quote my colleagues. YEAR 2004 recognized for 5 minutes. This is a central question of fairness Mr. GOSS. Mr. Speaker, I ask unani- Ms. PELOSI. Mr. Speaker, today is and of responsibility to the children mous consent that the Permanent Se- Day Five of the House Republican lead- and 6.5 million families who are wait- lect Committee on Intelligence have ership’s campaign to kill the extension ing, still waiting, for us to fulfill a until midnight, June 17, 2003, to file its of the child tax credit. promise we made to them. report on the bill H.R. 2417, the Intel- The issue is very simple: The Senate b 1730 ligence Authorization Act for Fiscal has passed the child tax credit, the We are saying to those children, wait Year 2004. President says he will sign it, twelve until next year, or the check is not in I understand the other side of the million children in America need it, the mail. Whatever it is, it is bad news aisle is in agreement with this request. but the House Republicans want to kill if you are a family working full-time, The SPEAKER pro tempore. Is there it. The chairman of the Committee on but do not make over $26,000 a year; objection to the request of the gen- Ways and Means says there is not and it is bad news for our children of tleman from Florida? enough time to meet in conference the military. There was no objection. with the Senate. That reveals his true These working and military families f intent. He does not want this bill to be- pay taxes, just like everyone else, and come law. are struggling to make ends meet in TRIBUTE TO JOHN DINAN A conference with the Senate could today’s stagnant economy. On behalf of (Mr. MCCOTTER asked and was given take just 5 minutes. The House Repub- the families of 12 million children now permission to address the House for 1 licans could simply stop their delaying waiting for this tax relief, we must cor- minute and to revise and extend his re- tactics and accept the Senate bill in rect this callous omission as quickly as marks.) the House-Senate conference. The con- possible.

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.037 H17PT1 H5446 CONGRESSIONAL RECORD — HOUSE June 17, 2003 The Senate tax credit bill is fiscally ceutical products from Canada by say- So I would just like to say if Mr. responsible, it is paid for, and it costs ing that there is a safety issue. The Cavuto happens to be watching tonight $10 billion compared to the $82 billion fact of the matter is, we checked, the or any other television commentator, in the House bill. The Senate bill is gentleman from Minnesota (Mr. GUT- please be fair. Be sure to have the gen- supported by Democrats and rank-and- KNECHT) and myself and others; and we tleman from Minnesota (Mr. GUT- file Republicans in the House, and it have found no cases, none, where Cana- KNECHT) or myself or somebody else would immediately provide the tax dian pharmaceutical products that who has been studying this issue for credit to millions of working and mili- were made here in the United States some time on the program as well to tary families let out of the final tax and reimported back into this country rebut those who are paid for by the cut bill approved last month. We can have caused anybody any harm. Abso- pharmaceutical companies to make pass the bipartisan legislation and send lutely zero. sure the American people are getting it to the President today. Now, in my congressional district, the story straight; not biased, but It is interesting that after the vote the PhRMA companies have been mail- straight. on the tax credit last week, where the ing literature to senior citizens saying f that there is a safety issue if you buy Republicans’ reckless and callous pol- ANNOUNCEMENT BY THE SPEAKER pharmaceutical products from Canada icy prevailed, that on the motion to in- PRO TEMPORE struct which followed, 12 Republicans because they may be contaminated or joined the Democrats in a motion to counterfeit or something else. We have The SPEAKER pro tempore. The instruct the conferees to take up the found no cases like that. But they are Chair would remind all Members to ad- Senate bill. We did that because we mailing them into my district trying dress their remarks to the Chair. know we can invest in our children or to scare people trying to influence f we can indebt them. That is the choice them to influence me to change my po- A HATE-HATE RELATIONSHIP that the Republicans have put before sition. Americans should pay no more WITH MEDICARE for pharmaceutical products than they us. The SPEAKER pro tempore. Under a Mr. Speaker, President Kennedy said, do in other parts of the world; and yet previous order of the House, the gen- ‘‘Children are our greatest resource we pay more, by far, than any country: tleman from Ohio (Mr. BROWN) is rec- and our best hope for the future.’’ I France, Germany, Spain, Canada, any- ognized for 5 minutes. urge my Republican colleagues to do place. Mr. BROWN of Ohio. Mr. Speaker, the right thing and accept the Senate Now, today I was watching television the Republicans have just never really bill and, in doing so, support the value and there is a man I respect a great liked Medicare. Medicare was enacted we place on our children. We cannot deal, Neal Cavuto; he has a great tele- in 1965, despite the overwhelming oppo- say that some children are our greatest vision show, and he is a very fair news- sition of Republicans in Congress. Only resource and our best hope for the fu- man. He had a gentleman on his pro- 13, fewer than 10 percent, only 13 of the ture, but not if your parents make the gram that said that there was a real 140 Republicans in the House in those minimum wage or if they are risking problem with safety of these pharma- days backed Medicare. Bob Dole voted their lives on active duty in the mili- ceutical products coming in from Can- ‘‘no.’’ Gerald Ford voted ‘‘no.’’ The tary. We recognize our children as our ada, and the gentleman who was on was soon-to-be minority leader, John messengers to a future many of us, so vociferous and so adamant about Rhodes, voted ‘‘no’’; Strom Thurmond most of us, will never see. We want this that I feel that he must have been voted ‘‘no,’’ Donald Rumsfeld, a Mem- them to take forward a message of re- paid by the pharmaceutical companies; ber of Congress then, all leaders in spect for children, all children in our and if he is not, he should be. Because their party, in the Republican Party, country. We want to show them that he is trying to scare Americans into voted against the creation of Medicare. they really are our greatest resource believing they should not buy these They were unapologetic at the time. and our best hope for the future. pharmaceutical products from Canada. Most of them are unapologetic about There is no excuse, Mr. Speaker, for We have over a million people a year their opposition and their willingness the Republican majority not to go im- that buy their products from there be- to undercut Medicare today. mediately to conference and send this cause they cost so much less, and the Senator Bob Dole, 20 years later as a bill back to the House for approval and attempt is being made to stop that by candidate for President representing to the President’s desk before the end the Food and Drug Administration say- the Republican Party, told a conserv- of the month so that every child in ing they are not safe when there is no ative group called the American Con- America can take advantage of the tax evidence of that, and by the pharma- servative Union, he said, ‘‘I was there, credit whose parents qualify. ceutical companies who are saying fighting the fight, one of only 12 voting f they are following the edicts of the against Medicare.’’ Actually, I do not Food and Drug Administration. know where he came up with 12, there THE STRAIGHT STORY ON THE Now, we are coming up with a pre- were many more than that, but one of HIGH COST OF PHARMACEUTICALS scription drug benefit before too long, a few, he said, voting against Medicare. The SPEAKER pro tempore (Mr. and unless we get a handle on these The Reagan administration some years FRANKs of Arizona). Under a previous prices and make sure that the Amer- later led the first substantive swings at order of the House, the gentleman from ican people are paying prices similar to Medicare. With the help of congres- Indiana (Mr. BURTON) is recognized for the rest of the world, the taxpayer is sional allies, he succeeded in cutting 5 minutes. going to be picking up the difference Medicare payments to doctors and rais- Mr. BURTON of Indiana. Mr. Speak- between what they pay in Canada and ing seniors’ Medicare out-of-pocket ex- er, for some time now, a number of us what they pay here in the United penses. But it was not until Repub- have been coming to the floor of the States. The senior citizens want the licans took over the House in 1994 the House to talk about the high cost of prescription drug benefit, and we want Republican leadership had a realistic prescription drugs here in the United to give it to them; but we do not want chance at obtaining their long-held States. We pay more for prescription the taxpayers of this country saddled goal of killing Medicare. House Speak- drugs than any country on the face of with extremely high prices for the er Newt Gingrich, almost immediately the Earth, and many of our senior citi- products they can buy right across the after being sworn in in January, led a zens and others have been going right border for less money. failed bid to cut Medicare by $270 bil- across the border into Canada and buy- So it is extremely important, in my lion to pay for a tax cut for the ing pharmaceutical products for half or opinion, that we get this message out wealthiest people in the country. one-tenth the cost that they are here to the American people. And the phar- Sound familiar? Cut Medicare, free up in the United States. maceutical companies have $150 mil- the dollars, so you can give a tax cut to Now, the Food and Drug Administra- lion they are dumping into an ad cam- the richest 5 percent, richest 6 percent tion and the pharmaceutical companies paign to try to convince people that of people in this country. are doing everything they can to stop these products are not safe when that Among the Gingrich Medicare plans, Americans from buying pharma- is just not the case. a key supporter was then Governor of

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.069 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5447 Texas, George W. Bush. That same Benefits and premiums would vary that, for example, in one year, just a year, Gingrich offered a candid over- from county to county, ending the eq- few years ago, over 1,100 Americans be- view of the Republicans’ Medicare uity embodied by Medicare for a gen- came seriously ill by eating raspberries strategy and said this: ‘‘Now, we didn’t eration, and the Republican bill would that had been imported from Guate- get rid of it in round one because we cover only a small fraction of the mala. just don’t think that is politically Medicare costs. Now, when we talk about safety, I smart. We don’t think that is the right The only question is whether the ma- think the real question is, who are we way to go through a transition. But be- jority of Americans who recognize a protecting from whom? Who is really cause of what we are doing,’’ he said, success when they see one will let Re- being protected by our FDA? More and ‘‘we believe it is going to wither on the publicans get away with putting the more of us are coming to the conclu- vine.’’ final stake in Medicare’s heart. sion that the only people really being The privatization extremists’ next f protected are the big executives of the gambit was launched toward the end of large pharmaceutical companies. We AMERICANS PAY TOO MUCH FOR the Gingrich era, hidden within the in- ask ourselves, why are Americans, the PRESCRIPTION DRUGS UNDER nocent-sounding Medicare+Choice pro- world’s best customers, paying the UNFAIR SYSTEM gram. The Mediscare privatizers told world’s highest prices? And the answer us that HMOs were so efficient com- The SPEAKER pro tempore. Under a is, because we are a captive market and pared to government-run Medicare previous order of the House, the gen- because our own FDA literally puts a they could provide both basic and en- tleman from Minnesota (Mr. GUT- border around our country and will not hanced benefits like prescription drugs KNECHT) is recognized for 5 minutes. allow Americans to have access to for less than traditional Medicare Mr. GUTKNECHT. Mr. Speaker, let those drugs. spent on basic benefits alone. HMOs me first of all say that the gentleman initially received a windfall on the tax- from Ohio who just spoke, he and I b 1745 payers’ dime, because they only wanted strongly disagree. I happen to believe As I mentioned, we import thousands to insure the healthiest people, that that it is time to modernize Medicare, of tons of food every day from all over did not cost much; and that is how it is time to give seniors more choices, the world. Last year, for example, we they selectively enrolled those health- and we will come to different conclu- imported 318,000 tons of plantains. Peo- iest seniors. When that windfall was sions on that particular issue. But ple say, well, somebody might get into erased by providing the cost of extra there is an issue that we do agree on, these Fed Ex packages and get inside benefits, HMOs came back to Congress and that is that Americans pay far too the tamper proof packages and some- asking for more money and abandoned much for the same pharmaceuticals. how substitute counterfeit drugs, but their original efficiency rhetoric and Last week, on Thursday, I was privi- again, the evidence of that is anecdotal brazenly charged that Medicare had leged to welcome to the Capitol and to at best, and if we stop and think just ‘‘shortchanged’’ them. one of my news conferences a true for a moment that if terrorists really Did we cut our losses? Did Congress American hero. Her name is Kate wanted to get at the broad base of the cut our losses and end the Stahl. Kate Stahl wears a little pin American consumers, would they real- Medicare+Choice program? No. For the that says ‘‘Kate Stahl: Old woman.’’ ly resort to trying to break into UPS Medicare privatization crowd in Con- She is 84 years old and she is proud of offices, Fed Ex offices to get into those gress, a private failure was still better the fact; in fact, she describes herself packages and somehow tamper with than a public success, so Congress as a drug runner. I would encourage those pharmaceuticals? I think com- again diverted scarce taxpayer dollars Members to get a copy of the June 9 mon sense tells us that that simply is from the traditional Medicare pro- edition of the U.S. News and World Re- not going to happen. gram, taking money from the 85 per- port, and they will see a picture of We as Americans should be willing to cent of the people who are in tradi- Kate Stahl in that edition. And in pay our fair share for all of the costs of tional fee-for-service, old-time, reg- there it says, and she is quoted as say- the research and development for the ular, it-works Medicare and shored up ing, ‘‘I hope they put me in jail.’’ Be- miracle drugs that are coming out of the failed insurance scheme cause what she does every day, work- the pharmaceutical companies that HMO+Choice system. ing with the senior Federation in the help save lives. We ought to be willing Now, with the same George W. Bush State of Minnesota, is she helps seniors to pay our fair share, but we have to be in the White House who championed get access to world-class drugs at willing to say that it is time for us to the Gingrich Medicare cuts in the mid- world-market prices. As a result, our say, yes, we will subsidize sub-Saharan 1990s to pay for tax cuts for the rich own Federal Government treats her as Africa, but we are going to stop sub- when he was Governor, the time is if she is a common criminal. But she is sidizing the starving Swiss. right, President Bush seems to think, prepared to go to jail to make a point, I am a Republican. I believe that the for Republicans to now launch a full- and that is that Americans should not word ‘‘profit’’ is actually a good word. scale attack to privatize Medicare. The have to pay the world’s highest prices There is nothing wrong with the word Committee on Energy and Commerce for prescription drugs. ‘‘profit,’’ but there is something wrong and the Committee on Ways and Means We also welcomed to Washington last with the word ‘‘profiteer,’’ and I am de- are considering radical bills this week, Thursday Dr. Wenner from Vermont. lighted that we have people like Kate voucher bills, Medicare privatization She is working with pharmacists in Stahl who will stand on the shoulders bills that will end Medicare as we know Canada so that her patients from her of the sons of liberty who threw tea in it, end the Medicare that has been with clinics can save, and these are her Boston Harbor because they saw some- us for almost 40 years, almost 4 dec- numbers, have been saving 62 percent thing clearly was unfair, and they were ades, and will end it by the year 2010. on the same prescription drugs by not going to take it anymore. She rep- The fact of the matter is the Repub- working with pharmacies in Canada. resents literally millions of seniors and lican bill will replace Medicare’s de- Now, the FDA acknowledged at a consumers here in the U.S. who are pendable, affordable and universal cov- hearing that we had last week that any saying enough is enough, we are not erage with a voucher program. Millions of the evidence about safety is only an- going to take it anymore. of seniors, already burned by ecdotal. As a matter of fact, by their Medicare+Choice abandonments, so own numbers, they cannot come up f many seniors have seen their Medicare with a single case where an American The SPEAKER pro tempore (Mr. HMOs go out of business, leave the patient has suffered serious injury as a FRANKs of Arizona). Under a previous State, leave the counties as they have result of taking a legal prescription order of the House, the gentleman from in Lorain and Summit and Medina drug from a pharmacy from a different Oregon (Mr. DEFAZIO) is recognized for counties in my district, those same country. We also know that more peo- 5 minutes. seniors are going to be asked to one ple have become seriously ill and some (Mr. DEFAZIO addressed the House. more time put their faith in have actually died from eating im- His remarks will appear hereafter in Medicare+Choice, in Medicare HMOs. ported fruits and vegetables. We know the Extensions of Remarks.)

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.072 H17PT1 H5448 CONGRESSIONAL RECORD — HOUSE June 17, 2003 A WEAKER DOLLAR countries’ currencies, those products study. We have pages and pages of The SPEAKER pro tempore. Under a become less expensive. numbers. We have the proof. The issue previous order of the House, the gen- On the other hand, if one buys for- is no different now than it was 50 years tleman from Michigan (Mr. SMITH) is eign made products, the weaker dollar ago under President Eisenhower. Our recognized for 5 minutes. means that they have to pay more or transportation needs continue to grow, Mr. SMITH of Michigan. Mr. Speak- suppose that they work for a company and we need to find a way to ade- er, I would like to make some com- that uses German and Japanese steel quately fund those needs. ments on the weakening dollar. A weak to produce, let us say, washing ma- The needs are many, but the answer dollar that is too weak has certain dan- chines. A weaker dollar will make for- is simple. We need to invest more in gers but a weak dollar sounds worse eign steel more costly, thus making our transportation system. Here, how- than it is. The dollar is strong when their company’s product more expen- ever, in today’s economy, the problems the dollar purchases more foreign cur- sive, and this is going to result in fewer and needs are not only just with our rency than it had previously, but as jobs and probably less employment. transportation system. there are many other currencies, it is In the last 2 years, we have seen an In today’s economy, where corporate quite possible for the dollar to be get- increase in the U.S. money supply, a profits inch up, we still have a 6 per- ting stronger against some currencies lowering of U.S. interest rates in a U.S. cent unemployment rate. The other and weaker against others. economy that is now outperforming numbers are even grimmer: 9 million For example, looking at the Cana- the European Canadian Japanese unemployed Americans; 5 million un- dian dollar, the Japanese yen and the economies. However, inflation is a risk deremployed Americans; and 2 million with an increasing money supply, and European euro over the last 21⁄2 years, Americans have been out of a job for 6 it is clear that the dollar has weakened foreign investors have less interest in months; 4.4 million Americans have against two of these currencies and leaving their money in U.S. stocks, and just completely given up even looking strengthened against the other. At the all of these things are consistent with for a job, and they have left the work- beginning of 2001, the U.S. dollar a weaker dollar. force altogether. So we are not totally on safe ground bought 1.05 euros, 1.49 Canadians dol- In today’s economy, we simply have as it becomes easier to export. to think about more than just TRB lars and 14.75 Japanese yen. On June 11 Economists have long been divided studies, government lingo, conditions of this year, the U.S. dollar bought. 849 over how much the money supply could and performance reports and bureau- euros, down 19 percent; 1.35 Canadian be increased which would influence the cratic infighting, things that probably dollars, down 10.4 percent; and 117.68 strength of the U.S. dollar. Japanese yen, up about 2.5 percent. In conclusion, in practice, the dollar do not matter a great deal to many I present these facts on the dollar is likely to gain strength against some Americans. What we must do is to simply to say that in some cases, de- currencies and lose strength against start thinking about the sluggish econ- pending on the other foreign countries, others. The effect on the U.S. economy omy. We have to start thinking about the dollar goes up in value and some- will depend on which countries we are and talking about how the loss of jobs times it goes down. importing from and which countries we and the 6 percent unemployment rate The dollar becomes strong when the are exporting to and a myriad of other creates real problems and real eco- demand for the dollar increases rel- factors, including the strength of the nomic hardships in the lives of millions ative to the supply of dollars, a supply- foreign economies relative to ours. The of Americans, American workers who and-demand situation. There are sev- current weaker U.S. dollar means that just are not working because they can- eral ways for this to happen. For exam- consumers will tend to pay a little not find good jobs. There are not good ple, and it looks like it has happened, more, but it will be good for producers jobs out there. if Japan wished to make its exports and, therefore, better for job growth Even better yet, let us start doing cheaper, its Central Bank could buy than otherwise. something about it because we are in a U.S. dollars, strengthening the dollar The danger is in concerning our bal- position to do just that. The concept of against the yen, or if the Federal Re- ance of trade. If we are importing so the expansionary fiscal policy is noth- serve increases the U.S. money supply, much more than we export, that means ing new. It has worked before and it there will be more dollars relative to other countries will have extra dollars will work again. It is the basic econom- other currencies, and the value of the to spend, and they are going to con- ics of pump-priming the economy. dollar is going to decline. Also, the tinue to use those dollars to buy our According to the U.S. Department of lowering of interest rates by the Feds equities. Transportation, each $1 billion in- tends to push down the value of the vested in infrastructure creates 47,500 f dollar. jobs and 6.1 billion in related economic What happens when all of this occurs, INVESTMENT IN OUR NATION’S activity. With a 6 percent overall un- because the question is whether a INFRASTRUCTURE employment rate and an 8.3 unemploy- strong dollar is good or bad for the U.S. The SPEAKER pro tempore. Under a ment rate for construction workers, economy? previous order of the House, the gen- there is no better economic stimulus In reality, it is that a strong dollar is tleman from Illinois (Mr. LIPINSKI) is package than the $375 billion public good for some Americans and bad for recognized for 5 minutes. works bill, plain and simple. others. I think it is important that we Mr. LIPINSKI. Mr. Speaker, our It is a jobs bill that will put jobs learn about what is happening to the transportation system is second to back in the American economy and put value of the dollar because it affects none, but let us not sit on our hands. American workers back to work. our lives. Suppose that one is an auto We still have room to improve. f maker in Michigan. Their company Thanks to the leadership of President sells cars in the U.S. and exports to Eu- Eisenhower, and thanks to his experi- KILL THE DEATH TAX rope and Japan. Japanese companies ence under the vision of General John The SPEAKER pro tempore. Under a and European companies also sell cars Pershing, we have the interstate high- previous order of the House, the gen- to the U.S. and Japan and Europe. If way system. Just as this Nation made tleman from Texas (Mr. HENSARLING) is the U.S. dollar weakens against the a choice a half century ago, we need to recognized for 5 minutes. yen and the euro, then the U.S. cars make a choice again today. We need to Mr. HENSARLING. Mr. Speaker, I will be less expensive for Japanese and make a decision. We must decide if we rise today as a cosponsor of H.R. 8, the European consumers, and the Japanese want to continue the legacy of Presi- permanent repeal of the estate tax, and European cars will be more expen- dent Eisenhower, General Pershing and more honestly described as the death sive for U.S. customers. This will re- other leaders who came before us. We tax. sult in more profit and higher employ- must decide to make a major commit- Mr. Speaker, I believe as most Amer- ment in the U.S. auto industry. ment to fund our Nation’s infrastruc- icans do that it is unacceptable for a In other words, as the dollar weak- ture needs. grieving family who has recently lost a ens, it is easier to export our products As I have said before, I will say it loved one to get a visit from the under- because in relative terms, to other again tonight, we have study after taker and the IRS agent on the same

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.076 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5449 day. It is simply unconscionable and it ers spend $52,000, on average, just for Saudi Arabia engaging in a public rela- ought to be illegal. death tax planning. Now, $52,000, that tions campaign here in America. In The death tax is really a tax on the is a good paycheck that could be going markets across the country, our tele- American dream. Americans work hard home to somebody back in the fifth vision screens are being flooded with a their whole lives, they save, they in- district of Texas. message that Saudi Arabia is a ‘‘mod- vest. They build farms and shops and On the other hand, Mr. Speaker, re- ern nation’’; that America and Saudi factories, hoping to pass along their pealing the death tax can create 200,000 Arabia have ‘‘shared values.’’ dream to their families once they are extra jobs a year helping more Ameri- Prince Bandar Bin Sultan, the Saudi gone, but after years of paying payroll cans get back to work, giving them a Arabia Ambassador to the United taxes and income taxes and sales taxes paycheck instead of an unemployments States, is part of a public relations of- and property taxes, many businesses do check, and giving yet another boost to fensive to change the image of the not make it, and those that do, the our recovering economy. According to Saudi Government. But I would offer government can step in and take over the National Federation of Independent today, as is documented in today’s edi- half of what someone worked their Businesses, nearly 60 percent of busi- torial page of the Wall Street Journal, whole life to build. ness owners say they would add jobs in we do not need words, Mr. Speaker; we Mr. Speaker, I grew up working on a the near future if the death taxes were need actions by the House of Saud. farm. I represent a large portion of eliminated. Sarah Saga’s story began long ago. rural Texas, and rural Texas is a great And what does our society get for the She found herself trapped in Saudi Ara- place to live, but it can on occasion be death tax? Nothing. According to the bia at the age of 6 when her Saudi fa- a challenge to be a good place to earn Joint Economic Committee, the cost of ther defied a U.S. custody agreement a living. I know firsthand that farmers compliance with the death tax to the by simply refusing to return her to and ranchers and small business own- economy is roughly equivalent to the America after she visited her father in ers have to work extremely hard to tax shield. All of those family busi- 1985. There she has languished ever provide for their families. nesses liquidated, all of those jobs lost, since. Yet she never gave up on Amer- A while back ago, I heard from a con- all of those family farms sold and all of ica or her American mom. This 6-year- stituent, a rancher in Leon County. He those nest eggs cut in half. For what? old, now grown into a 23-year-old told me how he had worked hard for Mr. Speaker, I have heard those on mother of two, used a computer to over 30 years to build a cattle ranch. the other side of the aisle use the same track her long-lost mother via the He almost lost it once or twice through old tired class warfare rhetoric again Internet and to tell her of her hopes for draught and low beef prices, but he per- and again in dealing with the death tax escape. She has made her way to the severed, and with his family by his issue. The politics of envy. But when U.S. consulate in Jeddah, and there she side, he made it into a great success. something is wrong, Mr. Speaker, it is languishes. Absent aggressive State His greatest dream was to leave this simply wrong; and it does not matter if Department actions and negotiations, ranch to his son and his daughter who the death tax only affected one person there she will languish still. had worked alongside of him, but with in America. Taxing anyone twice for Sadly, hers is just another story of sadness in his voice, he told me by the the same work, for the same income, another American woman who is time the government takes its share, for the same savings is unconscionable; trapped in Saudi Arabia, told that she there is just not enough to go around. and it ought to be illegal. is able to leave so long as she leaves Many of my colleagues like to talk Mr. Speaker, I urge all my colleagues her children behind. That is outrageous about tax fairness, but Mr. Speaker, is to support the permanent repeal of the and utterly unacceptable. Prince Ban- it fair to take this man’s ranch away death tax. It is time to end the death dar told the Wall Street Journal back from him? Is it fair that Americans are tax so we can resurrect the American in September that it was ‘‘absolutely being taxed twice on the same income? Dream. not true’’ that any American women Is it fair that after a family member is were held against their will in Saudi f gone that his loved ones are presented Arabia. But the story of Sarah Saga The SPEAKER pro tempore (Mr. with a tax bill? Is it fair that the Fed- tells otherwise. FRANKs of Arizona). Under a previous eral Government can automatically in- So I rise tonight not to speak to the order of the House, the gentleman from herit 55 percent of the family farm, House of Saud, but rather to speak to Texas (Mr. STENHOLM) is recognized for business or nest egg? Aside from the the State Department of the United 5 minutes. fact that the death tax is inherently States of America and to the Bush ad- (Mr. STENHOLM addressed the unfair, what about its impact on our ministration and to Secretary of State House. His remarks will appear here- economy? Powell. As we negotiate a road map for after in the Extensions of Remarks.) Mr. Speaker, while small businesses peace in the Middle East, let us speak create two out of every three new jobs f plainly to our allies in Saudi Arabia in our Nation, death taxes can kill FREE SARAH SAGA about the minimal expectations we those small businesses and the jobs have about American citizens and their that they represent. In fact, death The SPEAKER pro tempore. Under a progeny in their midst. taxes are the leading cause of dissolu- previous order of the House, the gen- Sarah Saga and her two small chil- tion for small businesses in America. tleman from Indiana (Mr. PENCE) is dren must be permitted to leave Saudi According to the Center for the recognized for 5 minutes. Arabia and make that long, at last, Study of Taxation, 70 percent of busi- Mr. PENCE. Mr. Speaker, the Bible homecoming, delayed 17 years, to be in nesses never make it past the first gen- tells us that pure religion is this: ‘‘To the home of her birth, the United eration because of death taxes. Eighty- look after widows and orphans in their States of America. distress.’’ And I rise tonight, preparing seven percent do not make it beyond f to catch up with my wife and our three the third generation. DESTRUCTION OF MEDICARE How do death taxes kill American small children for dinner, feeling com- jobs? With the death of a small busi- pelled in my heart to stand up on be- The SPEAKER pro tempore. Under a ness owner, many employees often lose half of a young American woman and previous order of the House, the gentle- their jobs when the relatives of the de- her two small children who at this very woman from Texas (Ms. JACKSON-LEE) ceased are forced to liquidate the busi- hour are hold up in the U.S. consulate is recognized for 5 minutes. ness just to pay the taxes. in Jeddah in Saudi Arabia. Ms. JACKSON-LEE of Texas. Mr. I rise to tell the story of Sarah Saga Speaker, the good news is that seniors b 1800 and her two little girls, this American are living longer. President Lyndon One-third of small businesses are sold woman, and to demand State Depart- Baines Johnson, a Texan, signed the or liquidated to pay death taxes, and ment action. As a member of the Com- 1965 legislation entitled Medicare, half of those businesses are forced to mittee on International Relations, I which opened the doors of life to sen- eliminate 30 or more jobs. Further- am obviously fascinated to see the iors of America, the same senior citi- more, small and mid-sized manufactur- House of Saud and the Government of zens who prior to World War II were

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.077 H17PT1 H5450 CONGRESSIONAL RECORD — HOUSE June 17, 2003 dying at very early ages; the same underpinnings of our economy. Many it. Both parties, both sides of Capitol—every- young men and women of the Greatest seniors will have to pay more if they one has declared their commitment to getting Generation who went into World War II want to stay in the same Medicare affordable prescription drugs to our nation. So and came home with no real hope that they have today. Rising fee-for-service why is it that the only Medicare prescription they would live their lives past 50. This premiums will drive all but the sickest drug ‘‘plan’’ the Republicans have to offer is a 1965 legislation gave hope to that gen- to the private plans, resulting in pro- terrible bill with full of holes, and gifts to the eration and many generations there- grams becoming unaffordable for all HMOs, and protections for pharmaceuticals after. but the wealthy. It ends our Medicare companies. Every time we get a chance to So I rise today, Mr. Speaker, some- entitlement, the plan begun under take a closer look at the Republican drug what troubled and certainly frightened President Johnson in 1965. Under this scheme, it becomes more obvious that it is by the proposition that this House and program, beneficiaries no longer will just another piece of the Republican machine the Republican leadership would move be entitled to the benefits as they are that is trying to dismantle Medicare and turn to privatize a system that has worked. today. our federal commitment to our nation’s sen- As we debated this today on the floor I emphasize that this privatizing of iors, over to HMOs and the private insurance of the House, it is well known that the Medicare does not provide a guaranteed industry. Committee on Ways and Means re- Medicare prescription drug benefit, The Republican plan would be run by ceived 400 pages at 1 o’clock and began which we all know is needed in this Na- HMOs, not Medicare. HMOs would design the to mark up a proposed Medicare pre- tion; with no guarantee of what seniors new prescription drug plans, decide what to scription drug benefit legislative ini- will get; and the private insurance charge, and even decide which drugs seniors tiative. plans, not seniors’ doctors, deter- would get. Plus, HMOs would only have to For the years that I have been in mining what drugs they can get. promise to stay in the program for one year. Congress, year after year and term I am very pleased to have heard my That means that seniors might have to change after term, I have met with my senior bipartisan colleagues on the floor of plans, change doctors, change pharmacies, citizens in the 18th Congressional Dis- the House today mention how expen- and even change the drugs they take every trict, throughout that district, and sive and devastating it is to pay for twelve months. Medicare expert Marilyn Moon told the Senate Finance Committee on Friday promised them and agreed with them prescription drugs. I want to work with that ‘‘There will be a lot of confused and angry that they deserved a guaranteed Medi- my pharmaceuticals. I believe they consumers in line at their local pharmacies in care prescription drug benefit from the could work with us on a guaranteed the fall,’’ if the Republican approach is not United States Congress. I am sad to Medicare prescription drug benefit. But changed. She’s right. say that we have come now to a time in the instance of this private insur- The Republican plan provides poor benefits, where there may be a vigorous debate ance plan, it will be those pharma- and has a giant GAP in coverage. Under the on this issue and our seniors will still ceutical benefit officers that will be House Republican plan, many seniors would be left out in the cold. able to tell you what you can afford be required to pay high premiums even when The doughnut, Mr. Speaker, is grow- and what you cannot, no guarantee of they don’t receive benefits. Reportedly, under ing larger and larger. This emerging how much seniors will have to pay. the House GOP plan, Medicare beneficiaries gap in the proposal that is now being Private insurance plans set their own have a high $250 deductible. After they reach marked up by the Committee on Ways premiums. The $35 premium is not a that deductible, they would then be required to and Means and the Committee on En- guarantee, just a suggestion. And you pay a portion of their first $2,000 in drugs ergy and Commerce does not answer know what, it will go up and up and up. costs—that is a fairly normal system. But, after the question of saving the lives of sen- In this instance, as the song says, the a senior’s costs hit $2000 for a year—that is iors or giving to them that long-held stairsteps to heaven, it certainly will when it becomes obvious just how bad this hope to have a guaranteed Medicare not be. It will certainly be a downward plan is. Once a senior’s drug costs hit $2000, prescription drug benefit. In fact, it is trend to devastation and higher costs the Republican plan cuts them off. Even a hand out, not a hand up. for our seniors, with a wide variance in though they must continue to pay premiums, If we look at this proposal of the ma- costs to seniors across the country. they get no assistance in paying their drug jority of this House, it is a glaring and Private insurance plans also determine costs at all until their costs reach $5,100. Let outstanding and shameful proposal seniors’ deductibles and cost-sharing. me say that again. It seems so crazy, it is al- where there is an enormous gap be- Mr. Speaker, just a few years ago I most unbelievable. The sickest of our seniors, tween the monies that these seniors sat in rooms filled with seniors who the ones on the most medications—once their will receive. If they spend up to $2,000, were crying because they had closed costs reach the $2000 mark—they fall into the that is fine, Mr. Speaker. But after the six HMOs treating seniors in Harris Republican gap. They are left to pay the next $2,000, they are left holding the bag, County. No room at the inn. No HMOs $3000 out of their own pockets, while con- spending upwards of $5,000 on their pre- to provide for my seniors. Why did they tinuing to pay premiums. Almost half of sen- scription drug benefits, with no hope leave? They left, Mr. Speaker, because iors would be affected by this gap in coverage. and no help. The promises we have it was not profitable. They will be outraged, and our offices will be made about a guaranteed Medicare pre- Mr. Speaker, as I close, let me simply hearing about it. scription drug benefit, I think, have say the Medicare gap in the Republican I have attended hundreds of health care gone up in fumes and fire. Medicare prescription drug proposal is briefings, and have read everything I can get Let me share with you, Mr. Speaker, outrageous. You are going to burden my hands on, on the subject of improving what our good friends are proposing. our senior citizens with this gaping Medicare and getting good health insurance to Prescription drugs are the stalking hole of $3,000 and upwards with that the American people. And I have never heard hawk for the Republicans’ boldest at- plan. anyone say that a hallmark of a smart health tempt to privatize Medicare yet. The Medicare is alive and well, 38 years, insurance program is to have a giant gap in Republican plan converts the Medicare just 2 more years before its 40th birth- coverage for those who need help the most. program to a premium support or day. Let us pass a real Medicare guar- Why would our Republican colleagues put in voucher system where the government antee drug benefit for our seniors and this ditch in the road to health for seniors? Be- only pays a percentage of the cost of give to them the tribute that they de- cause they wasted all of our nation’s hard the premium. Can you imagine, Mr. serve. earned money, on massive tax breaks for the Speaker, we have survived 38 years, 2 Mr. Speaker, we Democrats have been rich, and an unnecessary war. more years until the 40th anniversary fighting for years for a Medicare prescription So now they have placed an arbitrary budg- of Medicare. It is not expected to go in- drug program that is (1) affordable; (2) avail- et cap on vital programs, pushed by President solvent for another 3 or 4 decades, and able to all seniors and Medicare beneficiaries Bush, in order to compensate for the irrespon- yet we are beginning to privatize this with disabilities; (3) offers meaningful benefits; sible Republican tax cut they jammed through system where seniors will not have the and (4) is available in the Medicare program— this Congress and last Congress. The way helping hand that they need. the tried and true program that seniors trust. they are dealing with the mess that they have Hard-working seniors have invested And now it seems that we have the political made is by throwing bad policy after bad pol- into this economy, paid taxes, Mr. momentum to make a good prescription drug icy. To remain within their own arbitrary budg- Speaker, and provided the benefit a reality. The President says he wants et cap, they are pitching a bill that will provide

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\K17JN7.081 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5451 a confusing, insubstantial benefit to the major- the Wall Street Journal calls a business and HONORING BOB SCHROEDER ity of seniors. social ‘‘experiment.’’ The SPEAKER pro tempore. Under a If the Republicans wanted to save money, The Republican plan destroys Employer Re- previous order of the House, the gen- they could have put in a provision that I and tiree coverage. The Congressional Budget Of- tleman from New Hampshire (Mr. many Democrats have pushed for—and that is fice has concluded that about one third of pri- BRADLEY) is recognized for 5 minutes. to allow the Secretary of the HHS to negotiate vate employers will drop their retiree drug cov- Mr. BRADLEY of New Hampshire. with the pharmaceutical to get fairer prices for erage under a proposal like the one being Mr. Speaker, I rise today to pay tribute the American people. I believe that the Amer- contemplated. In order to lower its costs, the to a friend, Bob Schroeder, who has ican pharmaceuticals industry is the best in House Republican plan stipulates that any dol- been named Town of Hooksett’s Citizen the world. They make good products that ben- lar an employer pays for an employee’s drug of the Year. Bob was instrumental in efit the world. But Americans are now paying costs would not count towards the employee’s the restoration and revitalization of a double the cost for drugs than their counter- $3,700 out-of-pocket catastrophic cap. This truly historic local, State, and na- parts in other rich nations such as Germany, would therefore disadvantage seniors with em- tional landmark. Canada, Great Britain, or Japan. I am glad our ployer retiree coverage because it would be Robie’s Country Store, in Hooksett, companies are making money. But as we almost impossible for them to ever reach the has a lengthy history of acting as the enact a prescription drug benefit under Medi- $3,700 catastrophic cap, over which Medicare town’s gathering spot, a place to argue care, access to drugs will rise—and drug com- would pay 100 percent of their drug costs. The politics, play checkers, buy groceries pany profits will rise as well. It is only fair that practical effect of this is that employers will and homemade baked goods. Robie’s the Secretary should have the power to nego- stop offering retiree coverage. That is a step was also a required stop for local poli- tiate a good price for American consumers, to in the wrong direction. ticians and Presidential candidates vis- make sure we get the best returns possible on We can do better. The House Democrats’ iting the first-in-the-Nation primary our federal investment. legislation, that I am a proud cosponsor of, is State for over 30 years. Not only did the Republicans not put in a designed to help seniors and people with dis- The store closed in 1997, after the provision to allow such negotiations, they went abilities, not HMOs and the pharmaceuticals store’s owners, Lloyd and Dorothy out of their way to forbid the Secretary from industry. Under the Democratic proposal, the Robie, retired. After 5 years of dor- trying to get better prices for Americans. Why, new Medicare prescription drug program mancy, and a lack of funds and dedi- because they value the profits of their cor- would be affordable for seniors and Americans cated owners, Robie’s Country Store porate sponsors at Pharma, more than they with disabilities and available to all no matter reopened, continuing its 30-year polit- do the well-being of our nation’s seniors. where they lived. It offers a meaningful benefit ical tradition and its 110-year presence Similarly, the Republican plan’s design with a guaranteed low premium; and would be in the town. wastes billions in kickbacks for HMOs—in- available as a new ‘‘Medicare Part D’’ within Bob Schroeder saw an imperative need to preserve this cultural and po- stead of using that money to bring down the the traditional Medicare program that seniors litical landmark and formed the premiums and out-of-pockets costs that sen- know and trust. Robie’s Country Store Historic Preser- iors and the disabled are forced to pay. I am committed to getting seniors the pre- vation Association to spearhead the The Republican plan is not available to ev- scription medications that their doctors deem renovation effort. The association has eryone on Medicare. First, the House Repub- they need. I want to work with our Colleagues worked diligently to bring the store to lican plan reportedly will introduce ‘‘means- on the other side of the aisle, and the Admin- life again; and on May 24, 2003, Robie’s testing’’ for Medicare benefits—by which sen- istration to make that happen. But unless I see Country Store reopened to an eager iors with higher incomes would have to pay a plan without a gap—with a consistent ben- and proud community. considerably more out-of-pocket before they efit—with some smart cost-controls—and reached the catastrophic limit. Medicare is some protections for Medicare, an excellent b 1815 supposed to be for all seniors, it is not wel- program for Americans, I cannot support this Bob and the Preservation Association fare, just for the poor. It should be protected Republican drug scheme. were careful to maintain Robie’s his- as such. What’s more, under the Senate Re- Let’s do better. torical accuracy by keeping the 97-year publican approach, low-income seniors and f old building’s flooring, ceiling and pic- Americans with disabilities would receive noth- ture wall of political memorabilia. Al- ing at all—the 17 percent of medicare bene- REPORT ON RESOLUTION PRO- ways humble, Bob refuses to take cred- ficiaries who are also eligible for Medicaid are VIDING FOR CONSIDERATION OF it for the grand reopening of the store, simply left out. This misguided policy endan- H.R. 8, DEATH TAX REPEAL PER- instead pointing the spotlight on the gers coverage for millions of seniors whose MANENCY ACT OF 2003 efforts of the entire community. Under fluctuating incomes change their Medicaid eli- Mr. HASTINGS of Washington, from Bob’s leadership, people of all ages gibility for year to year. worked together to restore Robie’s The Republican plan rolls the dice, gambling the Committee on Rules, submitted a privileged report (Rept. No. 108–157) on through fundraising and renovation ef- seniors’ health. By relying on insurance com- forts. The community’s hard work will panies to offer coverage instead of guaran- the resolution (H. Res. 281) providing for consideration of the bill (H.R. 8) to undoubtedly ensure that the rich herit- teeing benefits in Medicare, the Republican age and traditions of the store will re- approach runs the risk that no company will make the repeal of the estate tax per- manent, which was referred to the main intact for future generations to offer benefits to seniors in rural communities, enjoy. where millions of Americans have already House Calendar and ordered to be printed. Bob’s tireless commitment to pre- been abandoned by HMOs in search of bigger serving this landmark and energizing profits elsewhere. There are 9.2 million Medi- f the whole community to get involved care beneficiaries in rural areas nationwide. REPORT ON RESOLUTION PRO- is a wonderful example of his persever- Eighty percent of these seniors have no ac- VIDING FOR CONSIDERATION OF ance and dedication to improving the cess to any Medicare HMO. Only 13 percent H.R. 1528, TAXPAYER PROTEC- community and State in which he of them have access to a Medicare HMO that TION AND IRS ACCOUNTABILITY lives. I can think of no better person offers a drug benefit. The bill we are getting ACT OF 2003 than Bob Schroeder to receive the glimpses of takes failed policy, and expands it Hooksett Citizen of the Year Award, to critical areas. Mr. HASTINGS of Washington, from and I am honored to represent him and The Republican plan is a risky scheme only the Committee on Rules, submitted a all other concerned and conscientious an HMO could love. The Bush Administration’s privileged report (Rept. No. 108–158) on citizens from Hooksett and the First Medicare Administrator has called traditional the resolution (H. Res. 282) providing Congressional District of New Hamp- Medicare ‘‘dumb’’ and ‘‘a disaster,’’ high- for consideration of the bill (H.R. 1528) shire. to amend the Internal Revenue Code of lighting Republicans’ disdain for a program f that Democrats have been fighting for since 1986 to protect taxpayers and ensure 1965. While Democrats have worked to mod- accountability of the Internal Revenue TRIBUTE TO THE TOWN OF ernize Medicare with prescription drugs, pre- Service, which was referred to the LILLINGTON ventive care and other new benefits, Repub- House Calendar and ordered to be The SPEAKER pro tempore (Mr. licans are insisting on a riskier course even printed. FRANKs of Arizona). Under a previous

VerDate Jan 31 2003 02:46 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.039 H17PT1 H5452 CONGRESSIONAL RECORD — HOUSE June 17, 2003 order of the House, the gentleman from CONSERVATIVE MYTHS ABOUT jobs overseas. They are both worthless. North Carolina (Mr. ETHERIDGE) is rec- THE ESTATE TAX Tell a lie enough times, and folks ognized for 5 minutes. The SPEAKER pro tempore. Under a might believe it. The small farmers are Mr. ETHERIDGE. Mr. Speaker, I rise previous order of the House, the gen- not represented by the American Farm today to celebrate the 100th anniver- tleman from New Jersey (Mr. Bureau Federation. sary of the founding of my hometown, PASCRELL) is recognized for 5 minutes. Myth number 3: The estate tax stifles Lillington, North Carolina, the seat of Mr. PASCRELL. Mr. Speaker, I heard creativity and innovation by punishing Harnett County. For 100 years, two gentlemen this evening, one from the successful. Listen to what Andrew Lillington has been home to many en- Minnesota, the other from Texas, say Carnegie said about that myth, that terprising, patriotic and public-spirited some things and I need to respond even each generation should ‘‘have to start citizens. Today as the town prepares to though it is also part of what I am anew with equal opportunities. Their mark this occasion, I want to recognize going to be saying this evening. struggles to achieve would, generation the history, success and integrity of One gentleman said the folks on this after generation, bring the best and the this remarkable community. When we side of the aisle are concerned about brightest to the top.’’ talk of famous places, we often talk class warfare. Now if we were in ses- Warren Buffett was quoted from this about buildings and landmarks, like sion, I would ask his words to be taken floor just a week ago, there is no free the Capitol here in Washington, D.C., down because that has happened one lunch. or the Empire State Building in New too many times. That is serious busi- Myth number 4: Taking 55 percent of York. ness. That is political warfare here. We someone’s life earning is unfair. That While Lillington does not have any are all Americans, and we have a right is a myth. Conservatives, particularly skyscrapers, it does have people of to our opinions. on the other side, do not let facts get great character. It is that character The other gentleman, the gentleman in the way of political ideology. The ef- which has made Lillington one of from Minnesota, talked about unfair- fective tax rate, which is the percent- America’s great communities. Named ness, that we on this side are unfair. age of an estate, which is actually for General Alexander Lillington, a Let me tell Members what is unfair. taxed, does not even come close to 555 hero of the American Revolutionary That is the subject about which I speak percent, Mr. Speaker, and they know War who is known for his heroic efforts tonight. it. at the battle of Moore’s Creek Bridge The recent CBO study found that be- In 1999, the effective tax rate on all in 1776, Lillington is one of those spe- tween 1979 and 1997, the after-tax in- estates was only 24 percent, less than cial places that welcomes with open comes of the top 1 percent of the fami- half of the 55 percent reported. The 24 arms strangers and family alike. Its lies rose 157 percent. The wealthiest 5 percent effective rate leaves heirs 76 citizens sincerely care about the well- percent went up 81 percent compared percent of the value of the estates. being of their neighbors, as evidenced with only a 10 percent gain of the peo- Mr. Speaker, do not let Americans by their dedication to numerous civic ple in the middle of the income dis- think you are going to help them on organizations, schools, and churches in tribution. this estate tax when we are talking the area. Mr. Speaker, during that period of about a tiny percent of the population. On July 4 and 5, and throughout this time, incomes in the bottom fifth of The other side of the aisle is trying to year, Lillington will celebrate its hon- the population actually fell. That is create that myth. ored past and the centennial of its for- what is unfair. I want to examine to- Finally, Mr. Speaker, the estate tax mal incorporation. The Greater night the five myths, I call them lies, is double taxation. Do you want a list Lillington Centennial Celebration will that the Republicans have put forth on of those poor people in the middle class be marked by numerous events, includ- the estate tax. that we double tax on issues? There are ing the dedication of roadside historic The first myth: Many Americans will a lot of ways that we tax beside the in- markers honoring General Lillington benefit from the repeal of the estate come tax. This is a myth and they have and Cornelius Harnett, for whom tax. It is in all of their literature. Well, quoted from folks that do not even sup- Harnett County is named; a lecture se- let me see what the case is. Because port the position. This vote that we ries honoring notable people who have the estate tax only falls on estates will take on Thursday is one that ev- lived and worked in the community; worth over a million, it only affects erybody should look at the facts, not the installation and dedication of a the richest of the 1.4 percent of Amer- how things are perceived, not at how town clock in front of town hall; the ican families. Two-thirds of the estate things look, look at who is being publishing of a history of the commu- tax revenues comes from the wealthi- helped and look at the redistribution of nity entitled Lillington—A est 0.2 percent. When the higher exemp- wealth in this country, and we will see Sketchbook; and many other celebra- tions are fully implemented so a two- who is guilty of class warfare. tions and reunions. parent family could transfer $7 million Without the estate tax, these assets would After my discharge from the Army in to their children without any estate never be taxed. But that is exactly the point. 1968, I moved to Lillington and imme- tax, only 0.05 percent would be subject Conservatives who argue that it is unfair to tax diately discovered what a unique place to the estate tax. them twice are really trying to get out of hav- it is. In Lillington, Faye and I have So in myth number 1, a study by the ing them taxed at all. Repeal of the estate tax raised our three children, Bryan, Cath- Center on Budget and Policy Priorities means that huge amounts of capital gains erine and David. It is truly a great found that after all repeal of the estate would be passed on to children without ever place to live, work and raise a family. tax, and that is where the other side is having been taxed. Mr. Speaker, Lillington and other headed, the largest 4,500 estates, there- The fact that the estate tax also falls on a towns like it are the backbone of fore the wealthiest 0.003 percent of all part of an estate made up of previously taxed America. They may be hard to find on the taxpayers will receive as much re- income is not problematic because it is no dif- a map, but it is easy to understand lief from the repeal as 142 million ferent than how any other income is treated. their importance to this great Nation. Americans. Under our tax system, the same dollar is It is in these tight-knitted commu- Myth number 2: The estate tax is taxed multiple times as it moves through the nities that our Nation’s values are forcing family farmers to lose their economy from employer to employee to a gas shaped and future hopes reside. As farms. We could not find one farmer station and then on to the next employee, ad Lillington moves into its second cen- who was losing their farm, and then infinitum. It is unfair and inconsistent to single tury, it has a bright future ahead of it, they try to quote from the American out the estate tax for exemption from this sys- and I know that if we are willing to Farm Bureau Federation, and they tem. dream big and work hard, Lillington’s could not find one farmer who lost next 100 years will be even more pros- their farm either. And as far as I am f perous and purposeful than its first. I concerned, the American Farm Bureau The SPEAKER pro tempore. Under a ask my colleagues to join Faye and me Federation is just like the National As- previous order of the House, the gen- today in celebrating Lillington’s 100th sociation of Manufacturers, they talk, tleman from Ohio (Mr. STRICKLAND) is anniversary. do no good, and we continue to export recognized for 5 minutes.

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.083 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5453 (Mr. STRICKLAND addressed the we are all aware, and the 10-year em- nity. We want to give them all the sup- House. His remarks will appear here- bargo preceding the war that caused all port we can. I know the Secretary of after in the Extensions of Remarks.) of their hospitals to lack medical Defense will find a way to help us. f equipment and supplies, it is difficult f to give much credence to a spokesman EXCHANGE OF SPECIAL ORDER The SPEAKER pro tempore (Mr. for the U.S. Central Command who TIME FRANKS of Arizona). Under a previous contended that Iraq now has a better order of the House, the gentlewoman Ms. KAPTUR. Mr. Speaker, I ask health care system than before the from Ohio (Mrs. JONES) is recognized unanimous consent to claim the time U.S. occupation. It is entirely believ- for 5 minutes. of the gentleman from Ohio (Mr. able that in the words of the same (Mrs. JONES of Ohio addressed the STRICKLAND). spokesman, U.S. forces in Iraq ‘are pro- House. Her remarks will appear here- The SPEAKER pro tempore. Is there viding health care to Iraqis, but we do after in the Extensions of Remarks.) objection to the request of the gentle- not have the infrastructure to support woman from Ohio? the entire Iraqi civilian population.’ ’’ f There was no objection. b 1830 PRESCRIPTION DRUGS f So whose fault is that? And what do The SPEAKER pro tempore. Under WAR IN IRAQ AND ASSOCIATED we do? What do we do to build friends, the Speaker’s announced policy of Jan- TRAGEDIES NOT OVER more friends than enemies inside Iraq? uary 7, 2003, the gentleman from Illi- The SPEAKER pro tempore. Under a Most Americans probably would say nois (Mr. EMANUEL) is recognized for 60 previous order of the House, the gentle- that defenseless children should be minutes as the designee of the minor- woman from Ohio (Ms. KAPTUR) is rec- taken care of in any circumstance. ity leader. ognized for 5 minutes. They, after all, did not cause the war. GENERAL LEAVE Ms. KAPTUR. Mr. Speaker, if the There are plenty of adults around to Mr. EMANUEL. Mr. Speaker, I ask American people needed evidence that blame for that. Secretary of Defense unanimous consent that all Members the war in Iraq and its associated trag- Rumsfeld has agreed that we will begin may have 5 legislative days in which to edies are not over, it arrived in a front with a meeting with Under Secretary revise and extend their remarks and to page picture Saturday that was carried of Defense Chu, who is in charge of per- include therein extraneous material on across our country. In my hometown sonnel and deployments. Hopefully, the subject of my Special Order today. paper, the Toledo Blade, but also the that first meeting will begin tomorrow. The SPEAKER pro tempore. Is there Chicago Tribune, the Boston Globe, the My proposal will be the same, that we objection to the request of the gen- Washington Post, and the New York move some of the funds we have al- tleman from Illinois? Times. ready appropriated because we thought There was no objection. This is the photo, First Class Ser- the war would last longer with the Mr. EMANUEL. Mr. Speaker, cur- geant Bryan Pacholski comforting siege of Baghdad, divert some of those rently both the House and the Senate David Borell, career Army guard, both funds to move some of our temporary are in intense deliberations to forge a from Toledo, at a military base in field hospitals in different places in compromise on a prescription drug ben- Balad, Iraq. The Associated Press pho- Iraq, and to put medical supplies there efit for Medicare and Medicare recipi- tograph caught an emotional moment, to treat this type of injury that Ser- ents. I am glad to see that both Repub- a Toledo career soldier being consoled geant Borell saw, children who are licans and Democrats after all this in his grief by a buddy after military burned, people who are bleeding, civil- time are working together to try to doctors allegedly refused to treat three ians who we want to be our friends. correct this critical deficiency in the Iraqi children with painfully serious We now hold the ground in Iraq. The Medicare program. burns from some sort of explosive de- question is, in the future, will we win When Medicare started in the early vice. The soldier, Sergeant David the hearts and minds of the people? 60s, about 10 percent of the health care Borell, of our 323rd Military Police There is no greater way to do that than costs for a senior was dedicated to out- Company, later wrote home an e-mail one by one ministering to their tragic of-pocket drug costs. Today that is with his personal thoughts on the inci- health needs. That time is long over- around 60 percent of their health care dent, specifically that the children had due. And so I welcome the opportunity costs, or health care dollar. And so if been unjustifiably denied medical to discuss this with Under Secretary we are going to have a health care plan treatment. Chu, with Secretary of Defense Rums- for seniors and if Medicare is going to The Blade printed the story and a re- feld, and to make sure that no other live up to its obligations that it was quest on my part of our Secretary of soldier in service to this country will originally designed to do, Medicare Defense for a full investigation and a have to experience what Sergeant must have a prescription drug plan. meeting with him in order to discuss Borell experienced with no alternative We all know that one of the most how to prevent this type of situation in given to him. contentious issues in the prescription the future. Such an investigation is There were no kits, no medical kits drug debate is the question of how warranted because the incident, if true, that were available to the platoon much of the cost of drugs should be flies in the face of numerous stories other than their own small emergency paid by government and how much from the war zone telling of humani- kits, because they are military police. should be passed on to seniors. But the tarian acts by U.S. troops under hostile There were not hospitals in the area crux of this problem is that both the circumstances. We know our troops where these people could be referred U.S. Government and American seniors want to do the right thing. that had decent medical supplies and are paying too much for prescription Mr. Speaker, is it really U.S. policy backup. And so he was forced as an drugs. Providing a prescription drug to refuse treatment of Iraqi civilians American to turn the family away. benefit through Medicare is unfortu- with serious but nonlife-threatening How do you think America is perceived nately only the tip of the iceberg in ad- injuries? Who made that decision? Who by those civilians? I think they are be- dressing a widespread prescription drug were the doctors involved, and why did ginning to wonder, at least that fam- access issue facing our Nation. they handle the situation as they did? ily, will America really make a dif- Much more central to the inability of Were the kids callously refused care, or ference? Yes, America really can make many seniors and other Americans to was the sergeant simply overcome by a difference, just give us a chance. I afford the prescription drugs they need witnessing their great pain? These are would welcome the opportunity as one is the fact that prescription drug prices some of the questions that deserve Member of Congress to mobilize my are 30 to 300 percent higher than those straightforward answers. community to provide the supplies for in other industrialized nations. The The Blade, in its editorial, goes on to that first field hospital right near truth is one of the big problems we write, ‘‘Given frequent news reports where Sergeant Borell and Sergeant have here in the country is that we do about the destruction of Iraq’s hos- Pacholski are serving. These are part not have a free market as it relates to pitals and emergency services, of which of our flesh and blood from our commu- prescription drugs and drug costs. I

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.085 H17PT1 H5454 CONGRESSIONAL RECORD — HOUSE June 17, 2003 really believe that one of the central of their drug costs out of pocket. Ad- people’s health care, prescription points of this debate is that we need a dressing the cost of prescription drugs drugs, accessible and affordable. free market. will both make a Medicare drug benefit I yield to my good friend, the gen- The three things I am going to dis- less expensive for the government and tleman from Minnesota (Mr. GUT- cuss today are, A, the issue that Amer- greatly increase the value of what is KNECHT). ican consumers, be they elderly or oth- provided for our elderly. It will also Mr. GUTKNECHT. I would like to ers, are denied access to prescription make it much more likely that mil- thank the gentleman from Illinois for drugs from all over the world and they lions of uninsured and underinsured in taking a leadership role on this impor- are a captive market, unable to buy this country can afford lifesaving, life- tant issue. This is a huge issue. Mem- drugs, be they in Canada, Mexico, Ger- preserving prescription drugs, what bers need to know that the estimate many, France, where the same drugs their compatriots in Germany, France, that the Congressional Budget Office is are much cheaper than they are here in England and other industrialized na- currently using is that seniors alone the United States. If our consumers tions get. Prescription drug companies over the next 10 years will spend $1.8 were allowed to have access to those are a business, and they need to earn trillion on prescription drugs. As the drugs, there would be competition and profits in order to stay in business. But gentleman alluded to, I have been prices would drop. But because the free as they have the right and purpose like doing research. I should not say I have market is prohibited from exercising other businesses to earn a profit, they been doing research; there have been its magic, drug costs are artificially also have a responsibility to be a good groups who have been sending me re- raised. corporate citizen and abide by the search for the last 4 or 5 years in terms The second point I want to discuss is same standards as other businesses. of these great disparities between what the American taxpayer through two As I said, I have worked in the pri- Americans pay for name-brand pre- different venues provides direct and in- vate sector. I know that any private scription drugs versus the rest of the direct assistance to the drug companies company when investing in research world. We have heard a lot about Can- to develop the drugs. Drug companies and development and in another com- ada; we have heard a lot about Mexico. reap all the profits, and the American pany usually looks for a 30 percent re- But what has intrigued me the most is taxpayers do not get any of the bene- turn on their equity. The United States the differences between what we pay in fits back as an investor. If we were an Government invests in pharmaceutical the United States and what they pay in investor, and I come from the private research by providing significant tax the European Union. What I have here is a chart of about sector, private sector investors when benefits for research and development 12 or 13 of the largest-selling prescrip- they invest in a drug, they usually expenses and American citizens sub- tion drugs. This chart is old and the look for what is called a 30 percent IR, sidize the research as drug companies numbers have changed, but the per- investment return on equity. Yet the recoup their margins in America be- centages remain the same. This infor- taxpayer who provides through taxes cause of price controls in other coun- mation is confirmed by research that I both direct assistance to the FDA as tries. The American Government and have done, that others have done, sev- well as through the tax write-off that the American people are getting no re- eral groups have done this; but let me pharmaceutical companies get, they do turn on their investment. The pharma- just run through a few of these exam- not reap any of the benefits from these ceutical companies are reaping the fi- ples. Augmentin, sold in the United drugs being developed. Yet we develop nancial benefits of the U.S. invest- States for an average of $55.50. You can these drugs, taxpayers spend billions ments in their R&D without any re- buy it in Europe for $8.75. I have exam- and billions of dollars helping develop sponsibility to pass these benefits on to ples of these drugs. We actually went these drugs, yet the only benefit they the government and American tax- to Germany and bought some of these get besides taking the drug is they pay payers. drugs. This is Augmentin. This is American consumers are bearing the the highest premium price out there. Cipro. Cipro is made by the German I believe the right way to get the burden of price controls in other coun- company Bayer. They also make aspi- prices under control is for the investor, tries. When 50 tablets of Synthroid cost rin. As you can see, it is a very effec- known as the American taxpayer, to $4 in Munich and $21.95 in the United tive antibiotic and especially in the reap the benefits of their investment States, the most vulnerable Americans days when we had anthrax here in the dollars. And, third, deal with the area suffer. Also it is one of the great rea- Federal buildings, we bought an awful of generics and generic markets. If we sons that we have inflation running at lot of Cipro. In the United States it allowed generics to get to market close to triple or quadruple here in sells for an average of $87.99. In Europe quicker, it would also create that type health care in the United States as op- you could buy that same package of of competition. I think one of the prob- posed to the market as a whole. We are drugs for $40.75 American. Claritin, $89. lems we have here is that the American using individuals as the profit guinea It is $18 there. Coumadin, this is a drug elderly, the American taxpayer and pigs for pharmaceutical companies. that my father takes. He is 85 years consumer have an artificial market The legislation introduced by my old. It is a blood thinner, a very effec- that is in three areas, generics, taxes good friend and colleague, the gen- tive drug. Coumadin in the United and access to the same drugs in other tleman from Minnesota (Mr. GUT- States at that time was selling for markets around the world. Because we KNECHT), last week takes important about $64.88. In Europe you can buy it are a captive market, we pay artifi- steps to address the shocking dispari- for $15.80. cially high prices; and the American ties in prescription drug prices between And the list goes on, but let me give seniors specifically are the profit mar- the U.S. and other industrialized na- an example, and the gentleman from Il- gin or, as I like to call them, the guin- tions. It puts essential safety pre- linois, I think, made a great point ea pig profit margin for the pharma- cautions in place to ensure that by about the amount that American tax- ceutical companies. I want the free opening our markets, we do not expose payers spend to develop these drugs. market to work. The pharmaceutical Americans to the dangers of counter- This is a drug that really chaps my companies are treating this market as feit drugs. When defending the high hide. This is a drug, Tamoxifen. In a captive market. If we had a free mar- cost of prescription drugs in this coun- many respects, this is a miracle drug. ket, we would have reduced prices. try, people will often say that the U.S. It is probably the most effective drug Medicare drug benefits being consid- has the best health care system in the against women’s breast cancer that has ered by Congress are very expensive. world. People come here from overseas ever been invented. This drug we Many seniors, especially those who do to get a better product. But we clearly bought at the Munich airport phar- not have secondary insurance, will con- have nothing close to the best prescrip- macy for $59.05. We checked here in the tinue to have significant out-of-pocket tion drug delivery system, as many in- United States. This same package of drug costs even with the passage of a dividuals are now shopping overseas for 100 tablets of Tamoxifen in the United Medicare drug benefit. In addition, the their prescription drugs. If we are States sells for $360; $60 in Germany, high cost of drugs remains a crisis for going to defend our status as the best $360 here. 42 million uninsured and countless place to get health care in the world, As I say, the evidence is over- underinsured who must pay all or most we need to make the pillar of many whelming that most of the research,

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.089 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5455 and I have a report if any of the Mem- being subsidized by us, and what I have industry. It just has not. It is a pro- bers would like a copy, this is a Senate always said is that Americans should tected industry by the United States report done in May of 2000, and in the be prepared and we are prepared and Government, from the Tax Code to im- Senate report, if I could just read into willing. I think most Americans are portation to the development of the RECORD, the National Cancer Insti- willing to subsidize the research for generics. tute, part of the NIH, has sponsored 140 these miracle drugs. In fact, I think we Mr. GUTKNECHT. Mr. Speaker, if clinical trials of Tamoxifen. It also are willing to subsidize people in devel- the gentleman would yield. participated in preclinical trials con- oping countries like Sub-Saharan Afri- Mr. EMANUEL. Yes. sisting of both in vitro, laboratory and ca, but we should not have to subsidize Mr. GUTKNECHT. I think he used live-subject tests. In other words, here the starving Swiss. the word earlier and I think it is the in a Senate report we have confirmed And finally, let me just make one critical word. He said that we are a that the taxpayers paid for much of the last point, and I will yield back. I am captive market, and if we look around testing that was done on this drug. with the gentleman. I happen to be a the world, whether it is beef and Japan He also referred to the drug Taxol. Republican. The gentleman is a Demo- or blue jeans in the former Soviet There was a story just a couple of crat, but we are both capitalists. We Union, anytime there is a captive mar- weeks ago in The Washington Post. Let both understand that there is nothing ket, what will happen is they will cre- me just quote some of these numbers wrong with the word ‘‘profit,’’ but ate an artificial price barrier which about what the taxpayers paid to de- there is something wrong with the will guarantee that the consumers will velop this drug and what the pharma- word ‘‘profiteer,’’ and there is growing pay outrageously higher prices, and evidence now that the big pharma- ceutical company got out of it. that is what has happened here in the Bristol-Myers-Squibb earned $9 bil- ceutical companies are actually spend- United States. The German pharmacist ing more on marketing and advertising lion from Taxol, which has been used has the right to go anywhere within than they are on basic research. the European Union and buy this to treat over a million cancer patients; Mr. EMANUEL. Mr. Speaker, I thank but the National Institutes of Health Tamoxifen where he can get it the the gentleman. What I would like to do cheapest for his consumers. That is received only $35 million in royalties. is I am going to turn to the gentleman part of the reason that Tamoxifen is You go down the article a little bit fur- from Illinois (Mr. DAVIS), our good $60 in Germany and $360 here in the ther and it says, the GAO, the inves- friend and my colleague from Illinois, United States. In fact, the companies tigative arm of Congress, said that the in a second. I would like to repeat just are protected by our own FDA from NIH spent $484 million on research on one point on this. If you take this mar- any real competitive pressures which Taxol through the year 2002. So the ket on either cancer or AIDS drugs, would help to keep prices down. And I taxpayers invested $484 million, took it just those segments or families of do not say shame on the pharma- most of the way through the research drugs, there is not a single cancer drug pipeline, and we got $35 million back. today or AIDS drug on the market that ceutical industry; I say shame on us. They are only exploiting a market op- 1845 was not directly developed with assist- b portunity which our government has Mr. EMANUEL. Let me ask the gen- ance from the United States Govern- ment, NIH; and it was not directly de- given them. tleman a question. Can you repeat Let me just share with the gen- veloped with the tax dollars from the again for those who are watching, as tleman and other Members from a book taxpayer; and yet the only benefit of you note, this is a miracle drug and all called ‘‘The Big Fix’’ because I think it those drugs, obviously besides using the investment the U.S. taxpayers did, them and saving lives, the American helps tell the whole story by Katharine repeat again so everybody knows the consumer, be they the elderly or just Greider, and she quotes a study that difference between the price overseas families and children, they pay, as the was done in 1998 by the Boston Globe, versus the United States for those two gentleman noted, three times more and they looked at the 35 highest-sell- drugs. than do people in Germany, France, ing prescription drugs in the United Mr. GUTKNECHT. Unfortunately, on and other major industrialized coun- States; and they claim, the Boston Taxol I do not have that comparison. I tries; and yet we were the ones who de- Globe, and then is repeated in the book do not think it is on my list, but the veloped it. ‘‘The Big Fix,’’ that 32 of the 35 largest- comparison is essentially the same. It We were the ones who gave the tax selling drugs in the United States a few is about three times more, or at least dollars to develop this. We also not years ago were actually brought it was when it came off patent in the only gave it from the NIH direct fund- through the research and development United States; it was more than three ing, using tax dollars to fund it, but on chain by the taxpayers through the times more in the United States than the back end these companies write off NIH, the NSF, the Defense Depart- they paid in Europe, and the American their R&D. So we have to make up that ment, or other Federal agencies, prin- taxpayers paid for most of the R&D loss in the tax revenue pool so they can cipally the NIH. So it is not shame on costs. By the GAO’s own estimate, the develop these drugs; and as I think the them, but it is shame on us. We do not taxpayers spent at least $484 million gentleman noted in his statistics, we get a rate of return. We get nothing ex- developing the drug, and I yield to my then get a minuscule amount of return. cept for millions of our consumers the friend. Actually in the private sector money highest prices in the world, and it is Mr. EMANUEL. Mr. Speaker, I ask like that is called dumb money. That is time for us to change that. my good friend, I did not mean to in- how they refer to it. It is foolish Mr. EMANUEL. I thank the gen- terrupt him. Did he want to keep money. It is called dumb money. It is tleman. If he could yield, I would like going? people who put up dumb money, do not to now ask the gentleman from Illinois Mr. GUTKNECHT. No. I have plenty look for the 30 to 20 percent IR on eq- (Mr. DAVIS), my good friend, who has of information, but the interesting uity, and that is what has been going joined us here to also speak about his thing about these charts and these on for years here in this country, and district in Chicago that borders mine, comparisons, if people doubt what they we are paying premium prices; and in but also about this issue as it relates paid for these drugs, we have the re- these companies they figure that in to the pharmaceutical industry and ceipts. So we can literally go through Germany they are going to pay X, in prescription drugs and what is going and say, yes, this is what we paid for Canada they are going to pay Y for the on. Tamoxifen, $59.05 in Germany, and we same drug, England is going to pay, Mr. DAVIS of Illinois. Mr. Speaker, I did not have a special discount card. and they have got to make up their thank the gentleman from Chicago We are not German citizens; so we were margin. Whom are they making up the (Mr. EMANUEL), my neighbor and not going in for socialized medicine. margin with? Our neighbors, our friend, for organizing this Special These are drugs that we just bought off friends, our family members; and we Order and certainly for giving me an the shelf or from the pharmacist at the funded this research, and we developed opportunity to participate. Our dis- Munich airport. So it is not as if they these drugs. tricts abut each other; and as a matter are being subsidized by the German My view is I would love for the free of fact, I guess before now some of Government. The truth is they are market to come to the pharmaceutical what is my district was his district.

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.090 H17PT1 H5456 CONGRESSIONAL RECORD — HOUSE June 17, 2003 Maybe some of what was his district is part of a system of universal health Mr. DAVIS of Illinois. Absolutely. my district. So we have many similar- care. But absent a comprehensive solu- And one does not have to be on Medi- ities and certainly represent some of tion, there is no excuse in denying care or Medicaid to feel the bite. the same people and some of the same Americans the same access to prescrip- Mr. EMANUEL. Right. I thank the thoughts. It is no secret that I am a tion drugs enjoyed by our Canadian gentleman. I yield to the gentleman supporter of the notion of reimporta- neighbors. from Illinois (Mr. KIRK). tion of prescription drugs. As a matter Mr. Speaker, the prescription drug Mr. KIRK. Mr. Speaker, I would like of fact, I am a proud cosponsor of H.R. industry is sick, and that sickness is to compliment the gentleman from Illi- 847 introduced by the gentleman from endangering the health of all America. nois, my neighboring colleague from Vermont (Mr. SANDERS), my good Reimportation would be a good first Chicago, because I know not only is he friend. dose of castor oil to bring the industry leading on this issue, but he is leading Some people might ask me why do I back to a more regular and healthy on creating a proposal that fits within support the concept of reimportation of state. So I want to thank my colleague our budget. And there is a very impor- prescription drugs, and I generally say and neighbor from Chicago again for tant point here, that we are going to to them it is no real big deal if they organizing this complex discussion on make a promise to America’s seniors understand as I do, but I do it for a lot the issue of prescription drugs and how and they are going to count on that of reasons. One, the increasing use of we can get the costs down, and I yield promise. So that promise has to be sus- prescription drugs has revolutionized back to him and thank him so much tainable and affordable. By crafting a health care. As a result, spending on for the opportunity to participate. proposal which fits within the budget prescription drugs has increased at a Mr. EMANUEL. Mr. Speaker, I thank resolution, my colleague from the rate of 12 to 13 percent a year for the the gentleman. He brought up the other side of the aisle is crafting a seri- past decade and will continue to in- breast cancer; was that correct? ous proposal and is joining in the de- crease in cost at that rate for the fore- Mr. DAVIS of Illinois. Yes. bate in a particularly productive way, seeable future. Prescription drugs are Mr. EMANUEL. I think it illustrates and I want to compliment him on that. the fastest-growing portion of State again what our good friend from Min- Mr. EMANUEL. I appreciate that. I health care budgets, and many States nesota said and has brought forth ex- yield again to the gentleman from Min- amples is that, in fact, there is not a are facing serious budget crises rel- nesota if he had some additional com- drug today, and we can also expand ative to being able to come up with ments because I have some other this to medical choice, but no drug enough money to actually operate. Yet things, but I would like him to go today that is not being developed and millions of seniors, perhaps tens of mil- ahead. has not been developed that is around lions, are skipping doses of their pre- Mr. GUTKNECHT. Mr. Speaker, let the country that any way you look me just talk about a couple of things, scribed medication or splitting pills or around the world in the major industri- facing a choice between food on the and I think as we talk about this new alized countries where we have trading benefit, and I think we all recognize table or taking their prescription companies, and the gentleman noted drugs. I know this because of the sta- there are far too many seniors that are wheat, meat, steel, cars, computers, all not getting the prescription drugs that tistics. I know it because of the recent types of products where there is ‘‘free studies. I know this because every they need, there was a study done sev- trade,’’ and yet here in this specific eral years ago by the Kaiser Founda- weekend when I go home, I hear about area, we are paying top price, high-pre- this dilemma from one or more seniors tion, and they found in their survey mium dollar. I think again, whether it that 29 percent of seniors responded in my district. is diabetes, breast cancer, there are Meanwhile, the pharmaceutical in- that they have had prescriptions which other drugs that are on the market they did not have filled because they dustry remains the most profitable sec- that affect other types of illnesses, and tor of the U.S. economy with profit-to- could not afford them, 29 percent. I think the gentleman highlights a Mr. EMANUEL. So that is about one revenue ratios of over 18 percent. I very important point, especially given heard the gentlemen discussing profits third. his district and my district that abut Mr. GUTKNECHT. About one third. and being capitalists and living in a each other, how this creates inflation, And I say shame on us because we have capitalistic environment; and like and besides the uninsured, the cost of the power to do something about that. them, I do not have a problem with pharmaceutical drugs is the single profits, but I do have a problem with largest cause for health care inflation b 1900 overcharging our seniors. So when I in the health care industry which has I spoke several weeks ago to the learn that Glucophage for diabetics is been running at 20 to 30 percent of in- Community Pharmacists, and I just 74 percent cheaper in Canada than in flation. had received this report from the Kai- the United States, I have a problem So he brings up, I think, a very good ser Foundation. I asked them as I with that. When I learn that point, and I think it is relevant to the looked out over this audience of rough- Tamoxifen for treatment of breast can- discussion we are having today. What I ly 300 pharmacists from all over the cer is 80 percent cheaper in Canada am most impressed with is the biparti- United States, ‘‘Has this ever happened than in the United States, I have a sanship we have here in discussing this. to you, where seniors come into the problem with that. Time does not per- And I think the truth is, and I would pharmacy, they hand you a prescrip- mit, but I could easily go on and on love to hear both their thoughts on tion and you tell them how much it is with the list of prescription drugs this, that while we are doing a drug going to be, and they drop their head available outside the U.S. at a fraction prescription benefit and we are talking and they say, ‘well, I will be back to- of the cost to my constituents, and about it in the Senate and we are going morrow,’ and they never come back?’’ when I learn that almost 80 percent of to be taking it up here in the House, Shame on us. Shame on us. We need the ingredients of prescription drugs without some type of ability to have to do something about that. are imported, that redoubles the prob- competition in that process, we are But as has been mentioned by several lem I have with the cost of prescription really going to be offering a benefit at of my colleagues, if we go about this in drugs in the United States. And when I top dollar, and I think, as American the wrong way, we may not do enough learn that these prescription drugs are taxpayers are going to be paying for to really help those seniors who really developed with millions upon millions the prescription drug benefit that we need the help. But, worse than that, we of dollars of Federal tax money, I have are going to add to Medicare, we should may bankrupt our children, and there a serious problem with the cost of pre- give them a sense of competition in the is something wrong with that. scription drugs in the United States. market so that we can find that drug Let me also mention that we are I know that reimportation is not the cheaper in Canada, we can find that moving ahead with this, and we have sole or even most important element in drug cheaper in Mexico or Germany, heard some of the sponsors of the var- providing affordable prescription drugs France, or England. We want to bring ious bills say, oh, but we will have for our people. I for one will not rest that so we can squeeze the most cov- these groups, and get very significant until we have real and effective pre- erage out of our prescription drug plan discounts and really good deals on pre- scription drug coverage preferably as for Medicare. scription drugs.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.092 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5457 Well, this is a study recently done by this, but a little vial, and inside this What is the impact? Those same one of the cardinals of the Committee vial there are 150 microcomputer chips. drugs, cheaper over there; more expen- on Appropriations, and they literally They are so small you can barely see sive here at home. Yet they are the went through and found out how much them with the naked eye. But this lit- same drugs we paid for the develop- the Federal Employees Benefit Pro- erally is the next version of the UPC ment. gram is paying for some of these drugs. code. Then through the Tax Code, the IRS, It is rather eye-opening. Within 2 years they will be embed- where we do an R&D tax write-off, There are some areas where they are ding these chips into packaging, so where they are allowed and subsidized actually getting good discounts and are that we absolutely can know that this by the taxpayers for the research and competitive with the prices they get in package of drugs was produced at the development, yet they get a direct sub- Europe. But let me give you some ex- Bayer plant in Munich, Germany, on sidy from the NIH. amples. The Blue Cross-Blue Shield September 8 of this year, and was I highlighted the area through the plan, for example, on Coumadin men- shipped to so and so. NIH of cancer drugs and AIDS drugs. tioned earlier, even with their dis- So the whole idea that we cannot do Not a single drug in either one of those count, the combination of what the this safely, it seems to me, is a spe- families has been developed without di- Blue Cross-Blue Shield plan cost is, and cious and almost goofy argument. So I rect assistance by the government, yet, you add in the beneficiary cost, the do not think we should even engage in again, in that area we are paying prime total cost for Coumadin under the Blue it. It can be done, it is being done. It is dollar versus our brethren in the other Cross Blue Shield plan for a Federal far more safe to import drugs than it is industrialized nations. employee is $73.74. Now, Coumadin can raspberries from Guatemala. So I actually take my hat off to the be bought for $15.80 in Europe. So $73, Mr. EMANUEL. The only reason I pharmaceutical industry, because they that is the Federal plan. You read had a smile cross my face is when you have worked the system to their ben- down the list of all kinds of other said the word ‘‘embedding,’’ I said who efit. Now, my hope is, if you go back in knew the Pentagon was going to be so drugs. It is very similar. history and look at this in fact, when Zocor, the total cost for Zocor under far ahead of the pharmaceutical indus- Medicare and Medicaid was first devel- the Federal plan, Zocor is one area try, and now they are going to copy oped and voted on, it received over- where it actually is cheaper, but not from them. whelming bipartisan support. Now, But the truth is, we all were exposed much cheaper. With their deep dis- these are early preliminary stories in in the ’80s and ’90s to the notion of the count, the total cost is $17.48. That fact. $500 hammer, where the Pentagon was We are seeing right now that in the same drug in Europe would be $28. off buying $500 hammers, when if you But as you go through the list, what Senate, as they debate the prescription just went down to the hardware store you find is in virtually every category, drug benefit for Medicare, we are see- you could go down there. ing the early stages of bipartisanship, even with these ‘‘deep discounts’’ that The fact is, your chart up there and we can discuss, argue, amend about the Federal employees’ plan is able to shows exactly the similarity that is get, it still is significantly more than happening now to the American tax- the right approach. My hope is that the average consumer gets them for in payer and consumers, where you could when we have a chance here in the Europe. buy these same drugs overseas in dif- House, that that same bipartisanship One final point, if I could, the argu- ferent markets for far cheaper than we would be approached with regard to the ment that many people make against are buying them here, and it is the prescription drug bill, but that bill reimportation is safety. But what equivalent. would include something on generics. about safety? And why is that? Just like the $500 Over there they have a bill. Here, the Mr. EMANUEL. That is a very impor- hammer, the fix is in. So if you go gentleman from Ohio (Mr. BROWN) has tant point. down the specific area, and I do not a bipartisan bill dealing with generic Mr. GUTKNECHT. We import every blame the pharmaceutical industry, reform, dealing with the update of the day thousands of tons of food. It sur- they are playing the game just like patent laws as it relates to what the prises me how many tons. In fact, the they are supposed to play it, and they gentleman from California (Mr. WAX- number I remember is we import are rigging the game and system just MAN) developed and passed in 1984 and roughly 318,000 tons of plantains every like they are supposed to, for max- Senator HATCH. I would hope that we year, and every time we eat a plantain imum profit. would update our laws in the generic that comes in from a foreign country, But take it, whether it is in the ge- area. I would hope we could update our we take a certain amount of risk, be- neric drug laws or in our patent laws, laws as they relate to importation. cause that could contain some food- they are keeping generic drugs off the And we have a bipartisan bill, the borne pathogen. market, therefore driving up the cost gentleman and I have. We have a ge- We keep very good records on how of name brand drugs, making it more neric bipartisan bill here. So we would many people get ill from eating im- expensive for all of us. If generic drugs keep that spirit and that tradition as it ported foods. Let me give a couple of were on the market and the system relates to Medicare, as it relates to examples. In 1996, 1,466 Americans be- was not being fixed, you would have prescription drugs, that, through and came seriously ill eating raspberries real competition. through, that bill would be bipartisan. from Guatemala, 1,466. The next year What has happened is, the Wall I would hope, obviously, it can relate they did a little better. Only 1,012 Street Journal did a story the other to some of the funding issues and re- Americans became seriously ill from day, as generics have started to come coup some of the investment our tax- eating raspberries from Guatemala. to market quicker and there has been a payers have made through the direct The point I am really trying to make quicker process set in place by the funding through the NIH or IRS piece here is we take a certain amount of FDA to approve generics, we have al- of the Code where we pay and subsidize risk. I believe that the risk, particu- lowed that patent not to be gamed for pharmaceutical companies to do what larly with the new technologies, and I an additional 30 months, we have, in is in their business plan, develop drugs. am holding in my hand a tamper-proof, fact, seen prices drop. I yield additional time to my good counterfeit-proof package for pharma- They have, in relation to the impor- colleague from Minnesota. ceuticals. tation issue, pharmaceutical industries Mr. GUTKNECHT. I appreciate the Here is one that is currently in use in that area have gamed the system gentleman mentioning the bipartisan by the company Astrozenica. This is very well, prohibiting us from buying nature of this, because we did a special the first version of the tamper-proof, the same type of drugs in either Ger- order last week, and we had Democrats counterfeit-proof packaging. So this many, Canada, France, England, Italy, and Republicans. We had some of the whole issue of safety relatively speak- Israel, wherever, they have gamed the most conservative Republicans, and ing, even today, it is very, very safe. system. We are not prohibited from what I think most of us would agree But with the new technology that is buying computers, cars, food items, are some of the most liberal Demo- going to be coming on line, I am hold- other types of items. We are prohibited crats, agreeing on this issue, and that ing in my hands, and you cannot see in this space. is Americans should not have to pay

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.094 H17PT1 H5458 CONGRESSIONAL RECORD — HOUSE June 17, 2003 the world’s highest prices when we are ductible is not as high as it is? And the on this. Hopefully, we will get an op- the world’s best customers and when only way to do that is to make sure portunity to offer an amendment to we spend more for the development of that a prescription drug plan as it re- the prescription drug bill when it is those drugs. lates to Medicare, as it relates to the down here on the floor, because it is I am also the vice chairman of the cost of prescription drugs in the dime going to be essential in making sure Committee on Science. Just to share stores and drugstores and pharmacies that whatever dollars we spend of the with my fellow colleagues how much across the country, can we reduce the taxpayers, that we stretch those dol- we spend on research, and we should be prices? We can do that if we would lars to the greatest possibility. I think proud of this, this year in this budget bring the free market approach to the the American people, if they knew that we will spend almost $29 billion on var- pharmaceutical industry. we had the opportunity to offer an ious kinds of basic research. In fact, we So I applaud this. I am very pleased amendment bringing free market prin- represent as Americans less than 6 per- to be a bipartisan supporter and origi- ciples, competition to this debate, to cent of the world’s population; we rep- nal cosponsor of the gentleman’s legis- make sure that they got a return on resent more than half of all of the basic lation. I am on the generic drug legis- their dollar of investment, to make research done in the world. I am proud lation. sure that the pharmaceutical compa- of that. But we should not have to pay I think that approach comes to- nies could not prevent other choices for these drugs a second and a third gether, not just because we are Demo- from coming to market, be they from time when we helped develop them. crats and Republicans, we come to- overseas or in the generic area, they We are not asking for special breaks. gether on a common set of values. We would applaud our work, Democrats All we are asking for is fairness. Re- approach this from the basis we may and Republicans and Independents importation or importation is not a need more money for a prescription alike; people north, south, east and perfect answer, but we do know that drug benefit plan, but we are going to west would applaud us, because we markets are more powerful than ar- make sure this $450 billion over 10 would be coming around a common set mies, and ultimately markets, whether years, we get the biggest bang for the of values that we all can agree on. So it is the market for grain or the mar- buck, and that this game that has been there will be places that we disagree, ket for diamonds, has a tendency to going on, and they have been gaming but on these there is bipartisanship. So level prices all over the world. the system, is going to come to an end. that would be my hope. I think we will We are not going to allow this to Let me just mention one other thing, be successful if we can come together happen. We are not going to allow you and I mentioned this in a 5-minute spe- in this area, work together, make sure to have frivolous lawsuits that keep cial order I did earlier. This is the June the principles of the free market and patents on another 30 months. I want 9 issue of U.S. News and World Report. our values are reflected in what we frivolous lawsuits to end. We are going In it there is a true American patriot. pass. Her name is Kate Stahl. She is 84- to have them end. It is specifically how So again, I want to applaud the gen- years-old and she describes herself as a pharmaceuticals have been treating ge- tleman for introducing this, bringing neric drugs and preventing them from drug runner. this to my attention, although I have coming to market. The tragedy is that the American talked to many people about it but, We are not going to allow the phar- government treats her as a common most importantly, being open to work- maceutical companies to keep up the criminal because she helps her fellow game and not allow us to import the ing together across party lines so we seniors through the Senior Federation same drugs that overseas are at close can represent the people we came here of Minnesota acquire drugs from other to 30 percent to 300 percent cheaper to, not only vote on their behalf, but to countries at affordable prices. In the than we pay here. And if you did that, give voice to their values. Mr. GUTKNECHT. Mr. Speaker, just article she says, and this is why I think you would be on your first step of con- one last comment, and I thank the gen- she is a patriot, ‘‘I would like nothing trolling health care inflation that has tleman for this Special Order tonight. better than to be thrown in jail.’’ That been running at close to 20 to 25 per- As we mentioned earlier, this is not a is a patriot. She is willing to do that cent, which is just suffocating our for her fellow seniors so that they can small and large businesses, who are matter of right versus left, this is right get affordable prices on drugs. seeing their insurance policies just go versus wrong. It is simply wrong to Mr. EMANUEL. First of all, I thank right through the roof. make American consumers pay the the gentleman for organizing this and The second item, obviously, and we world’s highest prices for drugs which thank you for introducing your legisla- may have a different approach to this, largely the American taxpayers helped tion. I think this is the right approach. but the second item would be to insure develop in the first place. I think, again, whether it is the area the uninsured in this country. If you The gentleman mentioned one other of generics coming to market and up- did that, and I also note when it relates thing, and I think it is a very serious dating our patent laws, whether it is to the working uninsured in this coun- concern. Some people are saying, well, the tariffs or limitations we put on im- try, the only issue in which the Cham- through these plans in Medicare, we portation or access to these drugs, the ber of Commerce and the AFL-CIO will squeeze down the prices, but if we same drugs we see on the shelves in our agree on on health care, and they are do not do something to bring market pharmacies, that the American con- both running campaigns, is we have got forces to bear on the overall cost of sumer has access to them, each of to insure the working uninsured. prescription drugs, what may well hap- these, at least on the generic and re- pen is the price for these prescription importation, are bipartisan issues. b 1915 drugs will go up even more for those 41 I think that this is the right ap- They are showing up in emergency million Americans that are currently proach, not only because it is bipar- rooms, they are driving up the cost of uninsured. They are the ones who have tisan and it reflects our values and re- insurance policies, and the hospitals to pay cash, they are the ones whose flects a common set of values that we pass that on to insurance policies, in- kids get sick with tonsillitis or ear in- can come around, but, most important, surance policies pass it on to busi- fections or conjunctivitis, and they is that in dealing with the issue of a nesses, and businesses now pass it on to need those prescriptions as well. prescription drug, the truth is, all employees. And those two factors, con- So this is not just about helping to these drug plans have some limita- trolling the cost of drugs and insuring keep down the price of prescription tions. People will not be covered. So the uninsured, would literally be tak- drugs for seniors; it is for all con- the question is, how do you squeeze the ing the steam out of the pipe as it re- sumers and particularly for those unin- most out of that dollar? It may be $400 lates to health care inflation. If we do sured or partially insured Americans billion over 10 years. The final product that, we will see immediately the who pay the world’s highest prices. may be $450 billion. health care tax alleviation for our mid- Hopefully, on a bipartisan basis, we The question, though, we have to ask dle-class and working-class families all will ultimately begin to get at those ourselves is, can we get more out of across the country. issues, whether it is the whole issue of that? Can we get more people covered? I applaud the bipartisanship and look importation of prescription drugs or Can more people get a plan, so their de- forward to working with the gentleman bringing the generics to market faster

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.096 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5459 so that Americans have those drugs at America could make some sense if current system fails to meet any of affordable prices. those who are sick are compensated, these time-honored values. But again, this is not a partisan issue but the data shows different. From 1980 The legislation Congress is consid- as far as I am concerned. I look forward to 2002, employers and insurers paid $70 ering would remove the myriad of cases to working with the gentleman and billion in claims. Plaintiffs received from various courts in States to a new other Members on the other side of the only $28 billion out of the $70 billion Federal court or office that would de- aisle because ultimately we owe it to paid. So where did the other $42 billion velop an expertise and uniform admin- every American to make certain that go? As the chart next to me shows, it istration of 8,000 lawsuits. Why do this? we get fair prices for the drugs that went to personal injury lawyers and Let me give some examples. they desperately need. court costs. Not a penny of those funds Robert York received an asbestos Mr. Speaker, I thank the gentleman went for hospital costs or to pay sur- award from his State court. He was from Illinois (Mr. EMANUEL) for this viving relatives. Sixty percent of funds asymptomatic with lung scarring, and Special Order. under the current system go to lawyers he got $1,200. He had to pay $600 of it to f and court costs. his lawyer. Bill Sullivan was exposed Clearly, American justice can do bet- to asbestos, with no symptoms, still THE ILL EFFECTS OF ASBESTOS ter. We say, ‘‘Justice delayed is justice got $350,000. Keith Ronnfeldt was ex- LAWSUITS ON OUR ECONOMY denied.’’ But justice is delayed here. posed to asbestos and he got just $2,500, The SPEAKER pro tempore (Mr. We say, ‘‘We built a system to make but, of course, had to pay $1,200 to his FRANKs of Arizona). Under the Speak- the injured whole,’’ but the injured are lawyer. Mrs. Keith Ronnfeldt was ex- er’s announced policy of January 7, not made whole here. Supreme Court posed, but she got just $750 and, of 2003, the gentleman from Illinois (Mr. Justices have decried our wayward sys- course, had to pay $375 to her lawyer. KIRK) is recognized for 60 minutes as tem of asbestos justice. Justice Ruth Ron Huber got asbestos-related illness the designee of the majority leader. Bader Ginsberg called on Congress to and received an award of $14,000, but it Mr. KIRK. Mr. Speaker, across our act. Justice David Souter said the sys- is still pending appeal, and Ronald has country, the state of our economy is tem was an ‘‘elephantine mass’’ which not been paid. Meanwhile, James the number one issue on people’s defies customary judicial administra- Curry, with asbestosis, won an award of minds. America’s economy is reeling tion, and calls for national legislation. $25 million; but once again, under ap- from a 3-year-old recession and the What happens if we do nothing? What peal, he has not been paid. shock of September 11 and war jitters happens if we leave well enough alone? This is not justice. Victims are left from Iraq. This Congress has acted to According to the National Economic to die, and plaintiffs with no symptoms restore our homeland and national se- Research Associates and the Rand In- are litigants in a system that only the curity. We have passed corporate re- stitute, asbestos litigation costs 60,000 lawyers win. forms to stop the dot-com abuses that Americans their livelihoods. Without We stand for a different principle. sparked our recession. Our Armed reform, Rand estimates 423,000 Ameri- The major themes of reforms are to Forces have won a great battle in Iraq. cans will lose their jobs because of the form a new Federal office or court to But now, the latest news from our mar- expanding cloud of asbestos litigation. swiftly and surely compensate victims. kets is somewhat encouraging. We bot- Never in the history of our economy But who pays? tomed out in the Dow Jones industrials have so many lost their incomes to so Under our reforms, current defend- at under 7,500, and we are now back few who received so little for the ben- ants, employers, and insurers pay, with over 9,000. But still, the economy is efit. some leeway for other defendants to be sluggish. Why? Are there other issues Asbestos litigation reform may be added. Without reform, Rand esti- weighing against new savings and in- the most important remaining eco- mates, plaintiffs, uninsured and in- vestments? nomic reform legislation for this Con- sured alike, will be awarded $200 bil- There are. There is one key issue gress to pass. Reform means saving lion, bankrupting dozens of employers that is casting a very dark cloud on half a million American jobs. Reform and throwing 400,000 Americans out of America’s economy, on our employ- means lifting the value of millions of work. ment and, especially, our retirement IRAs. Reform means paying victims But remember, most award money savings. What is that issue? Lawsuits. and their families with the lion’s share goes to lawyers and court costs, not to Lawsuits. But not just any lawsuit. of awards, not personal injury lawyers. plaintiffs. That means without re- These are asbestos lawsuits. And reform is needed now. Congress forms, $200 billion will be awarded, but Tonight, over 900 stocks that form has several proposals before it. only $80 billion will go to victims and the heart of our retirement IRAs are Earlier this year, I introduced H.R. uninsured plaintiffs. depressed because of asbestos litiga- 1114, the Asbestos Compensation Act of We argue for a better system. Rather tion. We have already bankrupted man- 2003, with 40 cosponsors, the largest than have only $80 billion paid to vic- ufacturers of asbestos long ago. People number of asbestos reform cosponsors tims, we, for example, under Senator poisoned by these companies collect for any legislation in this Congress. My HATCH’s reforms, would pay over $100 only 5 cents on the dollar from the colleague, the gentleman from Utah billion, 20 percent more, to the victims. empty shelf of what once were large (Mr. CANNON), introduced H.R. 1285, the Who loses? Under our reforms, only the employers. Asbestos Compensation Fair Act. Our lawyers would lose, but the victims In 1983, only 300 companies faced as- Democratic colleague, the gentleman would win; and so would the American bestos lawsuits from about 20,000 plain- from California (Mr. DOOLEY), intro- economy. tiffs. Despite asbestos largely leaving duced H.R. 1737. And in the Senate, 1930 our economy, we now see 750,000 plain- Senator NICKLES introduced S. 413. All b tiffs suing over 8,000 employers. Sixty eyes in Washington on this issue have So would the American economy. major employers have already closed now focused on Senator HATCH’s bill, S. Without so many asbestos lawsuits their doors, and a third of those em- 1125, the Fairness in Asbestos Injury filed by thousands on the chance of vic- ployers gave pink slips to their work- Resolution Act, or FAIR Act. It is tory, we would remove a cloud of liti- ers in just the last 2 years. With 8,000 scheduled for a markup in the Senate gation from our economy’s future. We plaintiffs crowding into our courts, no in 48 hours. would also follow another key prin- one gets justice. People who are truly This is the most important economic ciple, those injured should be the ones sick die waiting for their day in court legislation for this Congress. And what compensated best and first. and the health care that they need. do all of these bills do? They are based Under the current system, plaintiffs Others who file a case wait in line, hop- around core principles of American jus- with the fastest lawyer, suing the rich- ing to win the asbestos lottery for tice. One: that we seek to compensate est defendant, wins. The sickest plain- them and their personal injury law- the injured; two, that we bring about a tiff, suing a poor or bankrupt defend- yers. rapid resolution of disputes; three, that ant, loses. That is wrong. Our reforms Our system of bankrupting employ- decisions become final; and, four, that care for the sickest most, regardless of ers and depressing the IRA savings of we administer justice uniformly. Our financial capacity of the defendant.

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.097 H17PT1 H5460 CONGRESSIONAL RECORD — HOUSE June 17, 2003 Mr. Speaker, the Chicago Tribune For 10 years, the First Congressional The SPEAKER pro tempore. Is there identified these issues clearly in a District made history with the gentle- objection to the request of the gentle- masthead editorial printed yesterday. woman from North Carolina (Mrs. woman from the District of Columbia? They correctly pointed out that the Clayton) at the helm, leading the way There was no objection. proposed privately funded $100 billion on so many issues, among them minor- Ms. NORTON. Mr. Speaker, if the trust fund will be more than adequate ity farming, agriculture, housing, edu- gentleman will remain at the lectern, I to meet the needs of victims who cur- cation and community and economic am pleased to yield to the gentleman. rently only look like they will get $80 development, and her passion, hunger. Mr. BALLANCE. Mr. Speaker, I billion under the current misguided Congresswoman Clayton carved out a thank the gentlewoman for yielding to system. path upon which I am proud to follow. me. Mr. Speaker, if one’s 401(k) looks like Women in eastern North Carolina are Mr. Speaker, all of these women mine, it is really probably just a 201(k). leading the way in areas of housing, share one great quality, whether they are helping educate our youth, building This issue depresses the market and, but while the ownership rates are in- houses for our families, creating jobs therefore, the retirement savings for creasing, women still lag considerably for our workers, or representing the millions of Americans. I ask everyone behind the general population in home- people in the public arena. They all to contact their representative or Sen- ownership. lead. These women are but a few ator and urge them, for the sake of One woman in Wilson, North Caro- women leaders from the congressional their retirement savings, to pass asbes- lina, is helping entire communities re- tos liability reform. If we are to return district that I represent. alize the dream of homeownership. Her I want to close by saying that there to $10,000 on the Dow or even better, name is Fannie Corbett. She served for this reform must pass. are so many other women that I could more than 31 years with the Wilson call on and mention in my remarks, In the next 48 hours, the Senate is Community Improvement Association, scheduled to act and the House must but I know my time is short. being a founding member in 1968. Ms. I do want to mention Joyce Dickens, soon follow. There is no economic issue Corbett and her colleagues have spent more important, and therefore, this president and CEO of the Rocky Moun- the last 3 decades moving from improv- tain Edgecombe Community Develop- must move to the top of the to-do list ing existing housing to initiating the for the United States Congress. ment Commission and Andrea Harris, building of more than 200 houses for of Vance County, president of the Insti- f families in the Wilson community, in- tute for Minority Economic Develop- WOMEN’S ISSUES cluding playgrounds, arts, crafts, com- ment. These and so many other women The SPEAKER pro tempore (Mr. puter classes, Bible studies and exer- are blazing trails all over North Caro- FRANKs of Arizona). Under a previous cise programs. lina and showing that women are great order of the House, the gentleman from Women around the country are build- leaders, not only in North Carolina, North Carolina (Mr. BALLANCE) is rec- ing quality, affordable housing as they but more particularly, in the First ognized for 5 minutes. try to help their neighbors, friends and Congressional District. Mr. BALLANCE. Mr. Speaker, we themselves improve their lives. For 31 Ms. NORTON. Mr. Speaker, I thank have had wonderful debate in these years, Ms. Corbett, who will retire at the gentleman for his remarks, and I halls, both this evening and during the the end of this month, led the way. know that the women of his district week, on issues of great significance to Helping ensure the children of North very much appreciate the kind of at- the people of this country. I am here Carolina receive quality education tention he is paying to their accom- today to speak to the determination they deserve is Dr. Shirley Carraway, plishments, in particular, and I know and grace of women in transcending from Kinston, North Carolina. A life- that his predecessor would have taken the hurdles they face on a daily basis long education professional, Dr. great joy in his remarks. Nobody could as they lead others along the paths Carraway served for many years in the be more deserving of his remarks than they have carved out for future genera- Pitt County school system, one of the Eva Clayton, and I thank him for tak- tions. largest systems in my district. ing the time to come to this floor dur- While it is true, Mr. Speaker, that we As assistant school superintendent ing this special order when we are, in stand here tonight highlighting the for Pitt County, Dr. Carraway’s dedica- fact, looking closely at women’s issues many obstacles faced by women on a tion to educating the young minds of and women’s rights. daily basis, I would like to take these our district saw her recently voted as First, in recognition of a former next few minutes to focus on the head school superintendent for another trailblazer and Representative Martha strength and dedication exemplified by North Carolina county. Griffiths. Martha Griffiths served in so many women in my rural district in On a national level, women lag be- this House at a time when very few eastern North Carolina, the First Con- hind men in earning doctoral profes- women darkened the doors of the gressional District. sional degrees and are underrep- House of Representatives, and she died The First District transcends hurdles resented in math and science. Dr. April 22 at 91. Issues that we take for and lead others along the paths they Carraway is leading the way to break granted today were put on the map by carved out, these women, for our future down these barriers and open the doors Martha Griffiths so that as we cele- generation. The women of eastern of education for all children. brate her life and think of her passing, North Carolina are many things. They North Carolina ranks number 31 in it seemed to me altogether fitting that are mothers and wives and sisters and the Nation for women in managerial we remember that much that women daughters. They are doctors and law- and professional occupations and 32 in are grateful for today began with and yers, teachers, cooks, business owners women-owned businesses. owe to the extraordinary work of Rep- and preachers. Most of all, these resentative Martha Griffiths of the women are leaders. f State of Michigan, for it was Martha Tonight, I am proud to share with my HISTORY OF WOMEN’S RIGHTS Griffiths who led the fight to add sex to colleagues stories of women who lead Title VII of the 1964 Civil Rights Act, with distinction every day in areas of The SPEAKER pro tempore. Under and of course, for me, that one gets to education, the political arena, housing, the Speaker’s announced policy of Jan- be personal since it became my great and economic development among oth- uary 7, 2003, the gentlewoman from the honor during the Carter years to chair ers. District of Columbia (Ms. NORTON) is the Equal Employment Opportunity I can think of no better example to recognized for 60 minutes. Commission. begin with regarding the success for GENERAL LEAVE The notion that in the beginning sex women in leadership than my prede- Ms. NORTON. Mr. Speaker, I ask was not even included as a form of dis- cessor in these halls, the honorable Eva unanimous consent that all Members crimination can perhaps give us some Clayton, the first woman to be elected may have 5 legislative days within appreciation for what it meant to have from North Carolina and one of only which to revise and extend their re- one good woman in the House of Rep- three to ever join the North Carolina marks on the subject of my special resentatives, along with a few others, congressional delegation. order. and many men who supported her.

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.100 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5461 Of course, the 1964 Civil Rights Act woman ever to serve on the Committee have introduced a very modest bill that that Martha Griffiths championed had on Ways and Means. She left the House would update the Equal Pay Act. It is a great deal more than Title VII in it. to become Lieutenant Governor of the called the Paycheck Fairness Act, and We remember Title VII because it is State of Michigan. I hope every Member will go on the Title VII that bars discrimination in Here is a woman whose distinguished Paycheck Fairness Act, particularly employment, and that has brought so career just by virtue of the titles she during this 40th year of the passage of many women equality in search for has held would win her places in the the act. work and in the workplace, but the history books, but Martha Griffiths There are some updates that need to Civil Rights Act of 1964 barred dis- was not looking for a place there be- happen. For example, sex, but not na- crimination based on sex also in public cause of titles. tional origin or race, are included in education, and I will have something to I do want to tell the story of the ad- the Equal Pay Act. Fortunately, title 7 say about that in a moment because it dition of sex to title 7 of the 1964 Civil does allow a person to pursue unequal relates to Title IX in public accom- Rights Act. Representative Smith, pay under title 7, if not the Equal Pay modations, in federally-assisted pro- Congressman from the Deep South, in- Act. A person can be punished by firing grams, and every day and every troduced it with such levity that he for telling what her salary is. That minute, women benefit from all of brought the House down. In intro- kind of sanction needs to be barred. these sections of the Civil Rights Act ducing the notion of adding sex to the These are quite modest additions, of 1964 which is remembered prin- 1964 Civil Rights Act, he said he had re- and I would hope that this year the cipally because it was African Ameri- ceived a letter from a woman who com- House would regard them as such and cans marching in the streets to finally plained that the 1960 census had re- would pass the Paycheck Fairness Act. get enforcement of the 14th amend- ported, now here I am quoting him, I had a more extensive bill, called the ment that led the way to the 1964 Civil ‘‘2,661,000 extra females and asking Fair Pay Act, Senator TOM HARKIN has Rights Act, but race was not the only that he introduce legislation to remedy introduced it in the Senate, that would status protected in the 1964 Act. the shortage of men for women to update title 7 of the 1964 Civil Rights Religion, national origin also have marry.’’ Act so that jobs with the same skill, ef- been, in our country, subjects of great Well, I mean, apparently, this House fort and responsibility, but not com- discrimination, and they also are pro- lit up so that they had to call for order, parable, could be the subject of a title tected in the 1964 Civil Rights Act. I the laughter reverberated such 7 claim if one could show that men and say protected but it is important to un- throughout the House. And what did women were paid differently. derstand that everybody’s protected. Mr. Smith say? And I quote him again: Now, the reason for this is perfectly We cannot discriminate against a ‘‘I read the letter just to illustrate that apparent. If you are a probation officer white man because he is a white man, women have some real grievances.’’ and your wife is a social worker, guess and we cannot discriminate against a That is the atmosphere in which Rep- who gets paid more? The probation of- black woman because she is a black resentative Martha Griffiths had to ficer. The point here is that we ought woman. These particular groups had, in somehow rally herself to respond. She to look to see not whether it is the fact, borne the brunt of discrimination rose in this House and pointed out that same job, but whether the content, the but the Civil Rights Act of 1964 pro- the laughter of the men of the House, basic content of those jobs is equal; tects each and every American. or at least some of them, at the intro- and that is what my bill would do. It duction of the amendment only under- would bring the Equal Pay Act into the b 1945 scored women’s second class citizen- 21st century. We owe the work that got us there to ship. A woman who thought well on her The pay problems of most women Martha Griffiths. feet. Every woman in the House, except today really do not come from sitting Martha Griffiths also championed the one, supported the amendment. next to somebody who is a male who Equal Pay Act and was one of the prin- And, by the way, that was in defiance earns more than you do. It comes from cipal leaders that gave us the great of the party discipline. The Democrats sex segregation in jobs that women do. Equal Pay Act that simply means if a at that time did not favor, not until Two-thirds of white women and three- man and a woman are sitting in the final passage, the addition of sex be- quarters of black women work in just same workplace, you cannot pay one cause women were protected by protec- three areas: clerical, sales, and factory less than the other because of their tive legislation in factories so they jobs. And many of those jobs are mold- gender. But perhaps Martha Griffiths is could take some time out to sit down ed to gender rather than to the job to remembered most for having single- and to have rest periods, to have be performed. My bill would say you handedly revived the Equal Rights breaks, for example, that men did not have to look at the job to see if it is Amendment, which was only three have. And they did not want to give comparable to the job of a male. And if States short of becoming an amend- that up, most of them under union con- it is, in skill, effort, and responsibility, ment to the Constitution of the United tracts that had been won. But, hey, you then it has to be paid comparably. States. cannot want equality and then want Without this kind of change, we are A word on who this great woman was. breaks. And, ultimately, the breaks seeing the great so-called women’s pro- She was the daughter of a mailman, went and the equality has come more fessions abandoned: teaching, nursing. born in Michigan, attended its public and more ever since. Where are they going? They have gone schools, and went to the University of The passage in the House of title 7 of where the pay is. And the pay is not in Michigan Law School and graduated in the 1964 Civil Rights Act came after those jobs, because very often a teach- 1940. You can imagine a woman grad- the passage of the Equal Pay Act. I er or nurse will find a man who has no- uating from law school in 1940. The must say that the early 1960s were a where near the same skills making very fact that she went to law school very good time for women, and it was more money. So what happens then, of says something about her determina- Congresswoman Griffiths who led the course, is people leave the profession. tion and her character, because we are fight in this House for passage of the And we are in very deep trouble when talking about a time when women in Equal Pay Act. those professions are abandoned. We law school were as scarce as hens We are now at the 40th anniversary of had to pass a special bill last year to teeth. Undaunted, she practiced law the Equal Pay Act; and it seems to me try to encourage more women to go with a very famous governor, G. we ought to celebrate how far we have into nursing. Mennen Williams, ‘‘Soapy’’ Williams, a come, since you could with impunity Look at what has happened to the Governor of Michigan, along with her sit in the same factory, in the same of- teaching profession. Even people who husband. fice, in the same law firm and have go into teaching often leave the profes- She served in the Michigan House of nothing to say if a man was paid more sion. The same happens to nursing. Representatives from 1948 to 1952. She than you, as a woman, was paid. How- Why do men not come into teaching was elected as a judge. And she served ever, the gentlewoman from Con- and nursing? Because, of course, the 10 terms right here in the House of necticut (Ms. DELAURO) and a number pay is not what they expect. The way Representatives. She was the first of other women and men in the House to do this is to look closely at these

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.103 H17PT1 H5462 CONGRESSIONAL RECORD — HOUSE June 17, 2003 jobs to make sure that inequality is she does not earn anywhere near as come from Social Security. So if you not occurring or say good-bye to men much money as he does. took the 75-year cost of the tax cut, we or women who will enter these jobs. That is why it has become a family could erase the entire 75 year shortfall By the way, what I am talking about issue. That is why equal pay keeps reg- in Social Security three times over and is not as radical at it may seem. Twen- istering when we give the American secure Social Security for the baby ty States have adjusted wages for people a list of 10 issues and ask them boom generation and future genera- women, raising the pay for teachers, to write the ones that mean something tions. We are going to be judged where nurses, clerical workers, librarians, to them. Equal pay keeps hitting much our values were, and I always thought and other female-dominated jobs that higher, very high often within the first they were with Social Security, and I paid less simply by doing their own three of that family’s sight. We better do not believe that is true anymore, at studies of the skill, effort and responsi- listen to them. least with many in this House. bility. If State governments can do In this Special Order, where we are Another important issue with women this, I cannot be talking about some- focusing on women, I do not want to has been domestic violence. I remem- thing that is far out. What is far out is leave the impression that women are ber how we fought in this House and imagining an America where social looking only to so-called women’s achieved a very important bipartisan work, teaching, and nursing are sys- issues. I have just said that equal pay consensus on domestic violence. We tematically abandoned. And that is has become a major family issue in our have a million and a half women as- what is happening today almost en- country, as both parents go out to saulted by some partner each year. tirely because of pay. work, as the number of female heads of They have to go to shelters. They need The pay problem is structural. It is households grows astronomically. I residential shelters, services for their chronic. Look at what women have want to look for a moment at the tax children, but we are able to handle done. Women were told, look, go to cut and what it does for women or does only 1 of 5 women who needs somebody school, get as much education as men, not do for women. to take them in from an abusive part- and that will take care of it. Well, girls b 2000 ner. With just $6 billion or 15 percent of are nothing but good little girls, and I the tax cut, we would have had shelter I think we need to lay this out as will be darned if they did not go out and transitional services for these people decide what does this do for us. and do just that. Women now earn 55 women and their children. I do not We hear about things like the tax cut percent of college degrees. Men get know how Members can continue to in such gross terms that even if you something like 45 percent. They talk about women and children and are a tax lawyer, it is difficult to figure achieve 65 percent of the 3.5 GPAs. then wipe away all of the funds that out what it means. For women, reduc- Now, I do not relish this kind of in- they need to do what it is that we are tion of taxes on dividends, we are told equality. I think the reason, very talking about. frankly, are the boys are out playing that will help seniors because they are The Congressional Black Caucus sports and girls are hitting the books. investments, reduce the dividends, today just had a very informative in- I do not like that a lot, but it certainly greater return for them. Let me see, ternal hearing on Head Start. I was has not shown up in the paycheck. less than one-quarter of older Ameri- very pleased to participate in that Doing so well in school, getting all of cans live in a family that receives any hearing because of the witnesses that this advanced training simply has not dividend income. Now, who knows what came forward, one of them from a cen- paid off. That is why you hear women that dividend income is. But less than ter in the District of Columbia where talking about equal pay. It still has a quarter receive any dividend income. children emerge, and it is a bilingual not been achieved even under the Equal That is of all older Americans. Only center, the Beaumont Center, where Pay Act. one-fifth of older women live in a fam- An example in the private sector that ily that receives any dividend income, children emerge literally bilingual. I was recently brought to my attention and that is 20 percent. If we are looking asked the question and was assured is one of a brand name famous retail at women of color who receive stock that these children speaking only outlet in our country, Wal-Mart, where dividends, we are looking at 6 percent Spanish or Vietnamese or some other women there make an average of $1.16 of black and Hispanic elderly living in language emerge at kindergarten able per hour less than men. families that receive dividend income. to speak English, and that is what con- We still need equal pay. We need to So much for women and the tax cut. cerns me most, because that is when update the Equal Pay Act. We need to When we look at where at least some the brain is most pliable and people face the fact that when you have had of the funds in the tax cut might have can earn language most easily. At that this kind of inequality for the mil- gone to benefit women, we probably age, a child can learn more than one lennia, since human time, it takes en- should start with the uninsured, be- language, so these children do emerge forcement of the law and it takes up- cause uninsured women are far more bilingual. Head Start, I cannot say dating of the law. likely to postpone everything. They enough about it, but we are very con- This has become one of the great postpone the care they need today, cerned that it will be block granted issues of the American family. The in- they skip all of the services like mam- and disposed of, because we know what teresting thing about polling, is if you mograms, they only go to doctors when happens to block grants: States steal poll Americans, what are your top they have advanced disease. Latina and from the block grants, often for people issues, equal pay keeps coming up near African American women are 2 to 3 far better off than the block granted the top. You say how come if we are times more likely to be uninsured than people. For the amount of tax cut, we polling men and women, equal pay white women, but if we had used the could get to where everyone wants to keeps landing up there in the strato- tax cut package, we could have insured get in providing Head Start for every sphere? I think I know why. In two- 33 million of uninsured Americans with eligible child. parent homes, almost always now, even incomes below 300 percent of the Fed- Women continue to be the major in families that have very young chil- eral poverty level. Most of those people guardians of our children, so when, in dren, both people go out to work. The are women, often women with children. fact, we make the kinds of decisions we male member of the household and the If we look at the tax cut in terms of have been making on Head Start, we female member of the household are Social Security, and that is often the are taking money right out of the not unlikely to have been together in way the tax cut is positioned, think hands of children and not just their college, for example, or in high school. about women. It is women who have mothers. Suppose they went to the same junior not been in the workforce who go in I want to move on to title 9. Some- college and graduated, both having late so they do not have the pensions times we forget since we talk about done reasonably well. They hit the and the savings and the investments. title 9 often in terms of sports, some- workplace and he instantly made more They rely more on Social Security, far times we forget title 9 covers all of money than she does. And she is a drag more than men do. Over 80 percent of education, and what it has wrought in on the family income. How come? They unmarried elderly African American approaching education equality is both went to college; they did well, yet and Hispanic women get half their in- nothing short of historic.

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.105 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5463 In the year that the bill was signed, any time on is title 9; but why, because the days before title VII saying, let us that was 1972, women earned only 7 per- some wrestlers said they were losing ask the clients in this law firm wheth- cent of all law degrees. By that time I out to women who were in fact given er they would in fact continue to do was out of law school. I graduated in title 9 funds. business with us if we had a black law- 1964, and women were still earning only Give us a break. Thanks to women yer as a partner. That is exactly what 7 percent. That is called tokenism. who protested this commission’s work, that is like. Or a retail outlet saying, That is not representation in the pro- not a lot has happened, but the com- let us not hire this Hispanic person be- fession. I have to tell if somebody went mission’s bias was astounding. Nor- cause we do not think people would to law school and took the bar, it is not mally these commissions give the ap- like to be served by a Hispanic person a profession that one would expect pearance of being open. There was one in this store. I thought we called that women not to enter. hearing, and not all sides were heard. discrimination. We do not ask people That was in 1972, 7 percent. Fast for- There was no indication of continued whether or not they should be given ward to 1997, no longer 7 percent, 44 discrimination against women in equal treatment in the provision of percent, approaching half. Before I sports, no talk about how, for example, athletics based on whether they are in- came to Congress, I was a full-time men’s football and basketball really terested or not. We say, look, if you are tenured professor of law at Georgetown eat up the money from wrestling. It is not interested, you do not have to do University Law Center. I joke, al- somehow the fact that a few more it; but we are not to condition your though it is not entirely a joke, that I women are playing intercollegiate ball ability to participate in athletics on a continue to teach one course there a that takes from the men. survey as to how many of your gender year. The House does allow a Member Mr. Speaker, I want Members to are interested. That simply compounds to teach but not to do virtually any- know what happened on June 13. A dis- the discrimination we are trying to es- thing else outside of the House. I joke trict court threw out a lawsuit by a co- cape. Profit from our own exclusion. Since title VII, the opportunities for that I continue to teach because one alition of wrestlers who argued that both men and women have increased, thing I want to do is keep my tenure title 9 requires quotas of female ath- but the number of opportunities for because it was harder to get tenure letes that have resulted in discrimina- women athletes, and, remember, there than it was to get elected, and there is tion against men. are more women than men in college, a lot of truth in that. b 2015 the number of opportunities for women But the fact is that I look at my athletes has yet to reach what it was classes, and I teach one course every The judge said nonsense. He said that for men before 1972. We need a commis- year, and I am astounded. Not only are the wrestlers failed to show that title sion all right. We need a commission to the classes often evenly divided, some- IX caused their teams to be dropped. help us get to equal opportunity in ath- times there are more women than men. Let us look for the causal effect here. letics quicker than we have done. We In my wildest imagination, that is not If they do not have a wrestling team need to pat ourselves on the back for what I foresaw for my profession, not now, what is the reason? And this judge how far we have gone and then move when I was in law school. found, hey, you cannot even show that if title IX had not been there at all, further. Let us look at medical school. There I want to say a word about choice. were always a greater proportion of they would not have dropped the wres- tling team. Why in the world do we not When President Clinton was in the women in medical school, not a lot, be- White House, I remember press con- ask schools, is it really necessary to cause if we look at 1977, and that is 5 ferences where women came forward to pump such large amounts of money years after title 9, only 9 percent of all make the American people understand into basketball and football? I will medical degrees were awarded to the notion of late-term abortions. grant you that there is reason to put a women. By 1997, 41 percent of the peo- Women came forward and spoke, gave lot of money there, but if you have got ple graduating from medical school testimony, some of the most moving some wealth to share, do not take it were women. This is the pattern in testimony I have heard, about how from the wrestlers who then blame it higher education for women. Looking their lives or their fertility had been on the women. Take a little bit from at Ph.D.s, 1997, a quarter of the Ph.D.s saved by a late-term abortion. went to women. Today 41 percent of basketball and football. I do not think We are going to have next week, or I Ph.D.s go to women. either of those sports, given the rah- am certain before recess we will have Where we hear about title 9 most rah spirit they have and the alumni another spectacle. President Bush is today, where we do not see this kind of they draw, are going to suffer from it. going to invite anti-choice zealots into progress, although we see considerable The commission was certainly a very the White House to sign a bill taking progress, is in athletics; and that has bad idea. There was a minority report away a woman’s right to end a preg- become somehow controversial. There by two commissioners who refused to nancy not in the last weeks of preg- are 32,000 women athletes playing sign the commission’s report because nancy, but from 13 weeks on. That is intercollegiately in 1972, and 150,000 of its detrimental possible effects on how that bill reads. That is how a, al- today. I would have never thought women. Then Secretary Paige said, most exactly worded bill or worded in about intercollegiate athletics, not fine, we have a unanimous report now. almost the same way was read by the only because I am unathletic, but be- I mean, wait a minute. This is Amer- Supreme Court. I am hoping that the cause it was not a girl thing to do. It is ica. We do not do things that way. We Supreme Court will save us. Based on very important that athletics are open acknowledge that there are differences, my own reading of the prior opinions of to women, not only for its own sake, the majority rules; but we do not say, the Court, I believe they will; but it is but also because of what it means for okay, we have a unanimous report and a human tragedy that we have not been how women can view where they can go those people who did not sign simply able to reach a compromise and that in the world in other pursuits as well. are not counted at all. we now have a bill that would disallow There were virtually no athletic Scandalously, some of the rec- the ending of pregnancies in the very scholarships for women in 1972, and ommendations here hark back to the last month or so. today there are 10,000 scholarships for old days of discrimination. For exam- The third trimester is already cov- women athletes. There has been a lot ple, the notion of the use of an interest ered by Roe v. Wade, but because the of progress there. One would think that survey to determine the level of inter- procedure described in the bill is also where there was this kind of progress, est women and men have in various used in the second trimester, I am cer- we would leave it alone. There is a lot sports. What? That builds discrimina- tain it is unconstitutional, although of stuff to study in this House and in tion on top of discrimination. The rea- nobody can presage what the Court will this country, but the fact is we just son that girls like me did not have an do. But I do know this, that no one is finished a very controversial, polar- interest in sports is we were literally thinking about the health exception izing study, commission on title 9. I taught that a smart girl did not do that Roe v. Wade has in it. That is the could think of a thousand commissions sports. Now of course that you do not kind of response to women’s reproduc- to set up where we see negative have an interest in sports is why you tive needs we are seeing in this admin- progress. The last thing I would spend should not have sports. That is like in istration. Tragically, we see that we

VerDate Jan 31 2003 02:03 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.107 H17PT1 H5464 CONGRESSIONAL RECORD — HOUSE June 17, 2003 are trying to carry these notions not have it, but knowing that if you Membership Resolution is pending in abroad where they are not wanted and added them, that would kill the bill, the House, and its operative words say, where people have their own set of val- that is what this House did. and I cite this because this ought to be ues. Why in the world were we at a By the way, the House did not try to an easy one, and yet it is one that is U.N. population conference objecting hide it. I will not call the House dis- not done, it says no Member of Con- to the very phrase ‘‘reproductive honest on this one. Member after Mem- gress, justice or judge of the United rights’’? What? Wanting it stricken. ber was clear, said it to the press, said States or political appointee in the ex- Why did we object to the words ‘‘repro- it on the floor, these people do not pay ecutive branch of the Government, ductive health services’’? Representa- Federal income taxes; therefore, they should belong to a club that discrimi- tives of the administration, of the should get no tax relief. The last time nates on the bases that have been State Department among U.S. dele- I heard, they were paying a greater named, and my colleagues know what gates? Do reproductive rights nec- share of their income in payroll taxes they are, gender, race, et cetera. Come essarily mean abortion? Not the last than most of us pay in income taxes. on, everybody. It even respects the time I heard. It is a very broad phrase. For the life of me, I do not understand right of free association because it does But the whole notion of trying to re- why a child care credit, because that is not say no Member must belong. It write not only the English language all this is, it is a child care credit, it is says no Member should belong. Can we here but rewrite the language for the for the child, would not be precisely not get at least that passed in the world does seem to me to go beyond what we want these families to have. House? our writ and our right. I give my friend TOM DELAY, and he And, remember, we are talking about There are some women in here who is a friend, he and I wrote a bill to- a Member of Congress, a justice or a are trying to restore the funds that we gether for family court in the District judge of the United States or political have now cut off from the United Na- of Columbia, TOM never does hide appointee of the United States of tions population fund, funds that, of where he stands. He said, ‘‘It ain’t America, that if on is one of those, one course, were meant only for birth con- going to happen. There are a lot of is to forego belonging to a club that trol and contraception; and we have things more important than that.’’ does not allow Jews and blacks and ourselves indicated that those funds That is a quote. You know what, he women in, Hispanics in. Is that too will not be available to organizations was right. It is not going to happen. much to ask this late in the day? Hey, which do not forswear using other The child tax credit is probably dead, look, one can. All this resolution says funds for abortion. What this will re- killed in this House after the Senate is the House says one should not. It is because one gives the appearance of sult in in maternal deaths and the tried to revive it. deaths of children will be on us. Mr. Speaker, what I have tried to do not being a fair person. I hope that we will pass this resolu- Finally, let me say a word about poor in memory of Representative Martha tion, this one we might have expected women. We passed a TANF bill here. It Griffiths was simply to call the roll on to pass during the height of the civil has not been passed in the Senate yet. some of the women’s rights issues of I can only hope that it will be thor- rights movement. We are all officials. special currency today. See, that is It seems to me we want to give the ap- oughly revised. Every State and the where Martha Griffiths would be. She District of Columbia allows some of pearance of fairness, and one way to do would not be talking about the great it is in the way we live our lives. the time that a woman on TANF, some feats of yesterday. She would be mov- of the time for work to be spent in I hope that if I have done nothing ing on. I wanted us to remember where else, I have pointed out not only our some form of postsecondary education. these rights came from and that they This is seen as an allowable work-re- progress but our problems that we have came in a House where there were but both and that together we have come a lated activity. In this House, however, a shallow number of women and a few very long way, and together we can get no State would be allowed this flexi- good men, enough to pass the bill, in- the rest of the way. bility so that a woman, for example, deed, without whom no bill could have Mr. LEVIN. Mr. Speaker, I ask my col- could work part-time and go to college been passed, who were determined that leagues to join my salute to a remarkable part-time. Why not? Do you want equality would apply to their wives, to woman and former Member of the U.S. House women to get off of TANF and be on their daughters, to their aunts, and to of Representatives, Martha W. Griffiths. minimum-wage jobs for the rest of their mothers. As a pioneering political activist woman, her their natural lives? We want to make b 2030 life was a string of first. In 1953 she was ap- sure she is going to school, that she is pointed as the first female Detroit Recorder’s pursuing a degree or some form of It is important that we know where Court judge; the following year, she was the higher education. But why is that not this came from because it did not come first Democratic woman elected to Congress exactly what we should be encour- from a House where, what do we have from Michigan; she was the first woman to aging? It is almost impossible for poor today, 63 women and a lot of men, serve on the Ways and Means Committee; women under the TANF bill we passed Democrat and Republican, who respect she was the first woman lieutenant governor to have enough time available beyond and vote for women’s rights and vote of Michigan. weekly work-related requirements to on women’s issues as one might expect Martha Griffiths passed away at the age of do anything else, because we have in- any civilized, advanced Nation to do. 91, just this past April and remains a legend creased the work-hour requirements to We have got a lot of that today. But in in Michigan and National politics. She’s been 40 per week and then limited what order to place the true value on where called a ‘‘legendary feminist’’ and ‘‘one of the counts as work. What we were trying we have come in 40 years, it did seem most effective women’s rights lawmakers of to do, I thought, was to make people to me one way to do this was to recog- her time.’’ Her reputation was well-earned. less poor, not simply get them off nize the life of Representative Martha She was effective because she was as tough TANF. Griffiths, who had to stay on this floor as any of her formidable opponents and she The final straw here was what we did and remind people that their laughter had a sharp intellect. At home she cam- just last week, in essentially killing at the addition or the proposal to add paigned block-by-block, taking a small group the child care credit for poor women, sex to title VII of the 1964 Civil Rights of women to visit other women at home during poor families. Those are families that Act simply underlined the second class the day to discuss political issues. She was earn between $10,000 and $26,000 a year, status of women when women are not just as methodical, strategic and persistent in including military families. By adding first class citizens yet, but nobody can Washington. Her work was richly rewarded on the cost of child care for so many doubt that they are on their way to with the inclusion of gender discrimination in higher-income families, essentially we being exactly that. the Civil Rights Act of 1964 and by the pas- stabbed the bill in the back, knowing There are some ways in which we do sage of the Equal Rights Amendment in 1972. full well that the Senate required that not have consensus. I have named some These efforts were watersheds in the progress the poor families be paid for and that if of them. I have named more of them on of women’s rights in America. From them, a you add families of over $200,000, for ex- which we do. There is one in which I multitude of Supreme Court decisions and ample, I would love to see it, I would hope we will gather consensus soon. H. Federal Laws have flowed in support of love to have universal child care, we do Con. Res. 130, the Equal Access in women.

VerDate Jan 31 2003 03:25 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 9920 E:\CR\FM\K17JN7.108 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5465

Martha’s progressive politics encompassed NANCY PELOSI, Michigan Governor Jennifer was the only woman to serve in all three much more than women’s rights, however. Granholm and the many women in state and branches of government in Michigan. She was concerned about the welfare of all local elected office like my partner in life Lau- In addition to her great accomplishments for Americans. In the 1970’s, she recognized the rie. The thousands upon thousands of women women’s rights, Martha was also the driving need for reforming our health system to pro- who have climbed higher in business, commu- force in helping me obtain my seat on the vide universal health coverage and became an nity service and government in recent decades prestigious House Judiciary Committee. Being original co-sponsor of the landmark Kennedy- are also beneficiaries of Martha’s efforts. an advocate for civil rights herself, she saw Griffiths Bill; she worked on regulating pension I do not have daughters. the great importance of having an African funds, closing tax loopholes and conducted a But should I be lucky enough to have a American on the very Committee that handles massive study of welfare, resulting in major daughter-in-law or granddaughters, I will be many important issues, including civil rights. overhauls to the system. more than proud if they emulate even some of As a freshman in the House, having Martha Martha Griffiths was, at once, ahead of her the self confidence, intelligence, perseverance Griffiths as a mentor and a friend was invalu- time and just right for her time. Her contribu- and fierce effort that Martha Griffiths brought able. tions to the evolution of human rights and dig- to all her causes. Without the leadership, strength and cour- nity in this nation will be always remembered. We can best honor her legacy by continuing age of Martha Griffiths, women would not be Mr. STUPAK. Mr. Speaker and Congress- to work for equal pay and equal opportunity in where they are today and neither would I. Mr. woman NORTON, thank you for the opportunity the work force, continued support for widows Speaker, I would like to give special thanks to to support women’s issues and to acknowl- and heads of households in Social Security Congresswoman ELEANOR HOLMES NORTON edge the contributions of former Michigan and pension benefits, labor rights and a re- for bringing this tribute to the floor. A tribute to Congresswoman Martha Griffiths to the cause fusal to accept sex discrimination in any form. a woman of such stature is long overdue. of equal rights for women. I am happy to pledge my efforts to those f As the U.S. Representative from Michigan’s goals. 1st District, I am particularly proud of the ex- Thank you for the opportunity to participate LEAVE OF ABSENCE ample set by this dynamic, fiery woman, who in this celebration of women’s issues and Mar- By unanimous consent, leave of ab- was elected to the U.S. House in 1954 and tha Griffiths’ contributions to those causes. sence was granted to: served here for twenty years, including a term Mr. CONYERS. Mr. Speaker, I rise today to Ms. CARSON of Indiana (at the request as the first woman on the House Ways and commemorate the extraordinary life of former of Ms. PELOSI) for today and the bal- Means Committee. Congresswoman, and my dear friend, Martha ance of the week on account of per- Before her service in the U.S. House, Mar- Griffiths. Martha was the matriarch of Michigan sonal matters in the district. tha Griffiths served from 1949 to 1952 in the politics and one of the nation’s greatest advo- f Michigan House, followed by two years as the cates for women’s rights. SPECIAL ORDERS GRANTED first woman Detroit Recorder’s Court judge. She grew up as the daughter of a rural mail Martha Griffiths was still in Congress when carrier in Pierce City, Missouri, where she ex- By unanimous consent, permission to I began my career in public service as a police celled in the art of debate. Her intelligence address the House, following the legis- officer in Escanaba, Michigan in 1972. By the and strong spirit carried her all the way from lative program and any special orders time she re-entered public life as Michigan’s Missouri to the steps of the University of heretofore entered, was granted to: first elected female Lieutenant Governor in Michigan Law School where she and her hus- (The following Members (at the re- 1982, I was serving as a Michigan State band became the first couple to graduate to- quest of Ms. WOOLSEY) to revise and ex- Trooper. gether in 1940. After graduating from the Uni- tend their remarks and include extra- In all that time, and later when I was elected versity of Michigan Law School, she and her neous material:) to the Michigan State House of Representa- husband founded the law firm Griffiths & Grif- Ms. PELOSI, for 5 minutes, today. tives, I had Martha Griffith’s example to follow. fiths in 1946. Mr. BROWN of Ohio, for 5 minutes, While she was one of America’s greatest With a top notch law school education and today. women leaders, she was also at the top of the the creation of a successful law firm under her Mr. DEFAZIO, for 5 minutes, today. list of consummate politicians and public serv- belt, Martha decided to run for a seat in the Mr. LIPINSKI, for 5 minutes, today. ants of either gender. Michigan State House, and like everything Mr. STENHOLM, for 5 minutes, today. In her work reinvigorating the fight to pass else she did, she succeeded. Martha Griffiths Ms. JACKSON-LEE of Texas, for 5 min- the Equal Rights amendment and in adding was one of two women who held a seat in the utes, today. language banning sex discrimination in the Michigan House from 1949–1952. Mr. ETHERIDGE, for 5 minutes, today. 1964 Civil Rights Act, Martha Griffiths set the In 1954, Martha Griffiths was the first Mr. PASCRELL, for 5 minutes, today. stage for later generations of women in poli- woman elected to serve the great state of Mr. STRICKLAND, for 5 minutes, tics. Michigan in Congress, where she held the today. My own wife Laurie, who is the elected seat for 20 years. While in Congress, she be- Mrs. JONES of Ohio, for 5 minutes, mayor of our hometown of Menominee, is one came the first woman to sit on the powerful today. of the thousands of women who benefited Ways and Means Committee, she served on Ms. KAPTUR, for 5 minutes, today. from Martha Griffiths’ trailblazing work in poli- the Joint Economic Committee and she was (The following Members (at the re- tics and public life. Chairwoman of the House Subcommittee on quest of Mr. PENCE) to revise and ex- Martha Griffiths added influential roles in Fiscal Policy. tend their remarks and include extra- business to her resume after she retired from During her tenure in Congress, Martha built neous material:) the U.S. House, serving on five major cor- her career fighting for equal rights for women. Mr. HENSARLING, for 5 minutes, porate boards, including two—Chrysler Cor- She fought to ensure the protections for today. poration and Consumers Power Company— women in the Civil Rights Act of 1964, which Mr. GUTKNECHT, for 5 minutes, June which had up to that time been all male. outlaws discrimination in voting, public edu- 19. A Detroit Free Press editorial on the occa- cation, employment, public accommodations, Mr. KING of Iowa, for 5 minutes, June sion of Martha’s death April 24 of this year and federally assisted programs. In 1970, she 18. summed it up beautifully. stalked the halls of Congress to obtain 218 Mr. SMITH of Michigan, for 5 minutes, The Free Press said, ‘‘Her very presence signatures needed to file a discharge petition June 18 and 19. wielded power, especially when accompanied to demand that the Equal Rights Amendment Mr. PENCE, for 5 minutes, today. by her famously sharp tongue. Of course, her (ERA), which had languished in a House com- Mr. BURTON of Indiana, for 5 minutes, unabashed willingness to go toe-to-toe with mittee for 47 years, be heard by the full Con- June 24. the good old boys drew some detractors. An gress. Congress overwhelmingly approved the Mr. JONES of North Carolina, for 5 old man once wrote to Griffiths telling her to ERA in 1972. Unfortunately, it was ratified by minutes, June 19. leave the political stage. ‘All you’ve ever done only 35 states, three short of the number (The following Members (at their own is succeed in making women more insolent,’ needed to add it to the U.S. Constitution. request) to revise and extend their re- he wrote.’’ She continued spearheading women’s rights marks and include extraneous mate- What this aging gentleman referred to as in- as Michigan’s first female lieutenant governor rial:) solence we now applaud as assertiveness in in 1982. She also served on five corporate Mr. BRADLEY of New Hampshire, for 5 such political leaders as Representative boards, two that had been all male and she minutes, today.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.040 H17PT1 H5466 CONGRESSIONAL RECORD — HOUSE June 17, 2003 Mr. BALLANCE, for 5 minutes, today. 2705. A letter from the Program Analyst, craft, Inc. Models PA-23, PA-23-160, PA-23- FAA, Department of Transportation, trans- 235, PA-23-250, and PA-E23-250 Airplanes f mitting the Department’s final rule — Estab- [Docket No. 2002-CE-44-AD; Amendment 39- SENATE BILLS REFERRED lishment of Class E Airspace; Berrien 13142; AD 2003-09-13] (RIN: 2120-AA64) received Bills of the Senate of the following Springs, MI [Docket No. FAA-2002-14047; Air- June 9, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); space Docket No. 02-AGL-20] received June 9, to the Committee on Transportation and In- titles were taken from the Speaker’s 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the frastructure. table and, under the rule, referred as Committee on Transportation and Infra- 2715. A letter from the Program Analyst, follows: structure. FAA, Department of Transportation, trans- 2706. A letter from the Program Analyst, S. 246. An act to provide that certain Bu- mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- reau of Land Management land shall be held worthiness Directives; Raytheon Aircraft mitting the Department’s final rule — Modi- in trust for the Pueblo of Santa Clara and Company Beech Models C35, D35, E35, F35, fication of Class E Airspace; Greenfield, IA the Pueblo of San Ildefonso in the State of G35, H35, J35, K35, M35, N35, P35, S35, V35, [Docket No. FAA-2003-14596; Airspace Docket New Mexico; to the Committee on Resources; V35A, and V35B Airplanes[Docket No. 93-CE- No. 03-ACE-19] received June 9, 2003, pursu- S. 500. An act to direct the Secretary of the 37-AD; Amendment 39-13147; AD 94-20-04 R2] ant to 5 U.S.C. 801(a)(1)(A); to the Committee Interior to study certain sites in the historic (RIN: 2120-AA64) received June 9, 2003, pursu- district of Beaufort, South Carolina, relating on Transportation and Infrastructure. 2707. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee to the Reconstruction Era; to the Committee on Transportation and Infrastructure. on Resources; FAA, Department of Transportation, trans- S. 520. An act to authorize the secretary of mitting the Department’s final rule — Modi- 2716. A letter from the Program Analyst, the Interior to convey certain facilities to fication of Class E Airspace; St. Louis, Mo FAA, Department of Transportation, trans- the Fremont-Madison Irrigation District in [Docket No. FAA-2003-14657; Airspace Docket mitting the Department’s final rule — Air- the State of Idaho; to the Committee on Re- No. 03-ACE-26] received June 9, 2003, pursu- worthiness Directives; Rolls-Royce plc RB211 sources; ant to 5 U.S.C. 801(a)(1)(A); to the Committee Series Turbofan Engines [Docket No. 2003- S. 625. An act to authorize the Bureau of on Transportation and Infrastructure. NE-15-AD; Amendment 39-13146; AD 2003-10- Reclamation to conduct certain feasibility 2708. A letter from the Program Analyst, 02] (RIN: 2120-AA64) received June 9, 2003, studies in the Tualatin River Basin in Or- FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- egon, and for other purposes; to the Com- mitting the Department’s final rule — Modi- mittee on Transportation and Infrastruc- mittee on Resources; and fication of Class E Airspace; Marshall town, ture. IA [Docket No. FAA-2003-14601; Airspace S. 635. An act to amend the National Trails 2717. A letter from the Program Analyst, Docket No. 03-ACE-24] received June 9, pur- System Act to require the Secretary of the FAA, Department of Transportation, trans- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Interior to update the feasibility and suit- mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- ability studies of four national historic worthiness Directives; McDonnell Douglas trails, and for other purposes; to the Com- ture. 2709. A letter from the Program Analyst, Model 717-200 Airplanes [Docket No. 2001-NM- mittee on Resources. FAA, Department of Transportation, trans- 245-AD; Amendment 39-13153; AD 2003-10-08] f mitting the Department’s final rule — Air- (RIN: 2120-AA64) received June 9, 2003, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ADJOURNMENT worthiness Directives; McDonnell Douglas Model MD-90-30 Airplanes [Docket No. 2001- on Transportation and Infrastructure. Ms. NORTON. Mr. Speaker, I move NM-173-AD; Amendment 39-13129; AD 2003-08- 2718. A letter from the Program Analyst, that the House do now adjourn. 16] (RIN: 2120-AA64) received June 9, 2003, FAA, Department of Transportation, trans- The motion was agreed to; accord- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- ingly (at 8 o’clock and 34 minutes mittee on Transportation and Infrastruc- worthiness Directives; McDonnell Douglas p.m.), the House adjourned until to- ture. Model 717-200 Airplanes [Docket No. 2001-NM- 2710. A letter from the Program Analyst, morrow, Wednesday, June 18, 2003, at 10 309-AD; Amendment 39-13155; AD 2003-10-10] FAA, Department of Transportation, trans- (RIN: 2120-AA64) received June 9, 2003, pursu- a.m. mitting the Department’s final rule — Air- ant to 5 U.S.C. 801(a)(1)(A); to the Committee f worthiness Directives; McDonnell Douglas on Transportation and Infrastructure. Model MD-90-30 Airplanes [Docket No. 2001- 2719. A letter from the Program Analyst, EXECUTIVE COMMUNICATIONS, NM-386-AD; Amendment 39-13113; AD 2003-08- FAA, Department of Transportation, trans- ETC. 02] (RIN: 2120-AA64) received June 9, 2003, mitting the Department’s final rule — Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Under clause 8 of rule XII, executive worthiness Directives; Raytheon Model mittee on Transportation and Infrastruc- communications were taken from the Beech 400A and 400T Series Airplanes [Dock- Speaker’s table and referred as follows: ture. 2711. A letter from the Program Analyst, et No. 2001-NM-335-AD; Amendment 39-13158; 2701. A letter from the Administrator, Ag- FAA, Department of Transportation, trans- AD 2003-10-13] (RIN: 2120-AA64) received June ricultural Marketing Service, Fruit and Veg- mitting the Department’s final rule — Air- 9, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to etable, Department of Agriculture, transmit- worthiness Directives; Boeing Model 737-100, the Committee on Transportation and Infra- ting the Department’s final rule — Raisins -200, -200C, -300, -400, and -500 Series Air- structure. Produced From Grapes Grown in California; planes [Docket No. 2000-NM-343-AD; Amend- 2720. A letter from the Program Analyst, Modifications to the Raisin Diversion Pro- ment 39-13108; AD 2003-07-12] (RIN: 2120-AA64) FAA, Department of Transportation, trans- gram [Docket No. FV03-989-1 FIR] received received June 9, 2003, pursuant to 5 U.S.C. mitting the Department’s final rule — Air- June 2, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; MORAVAN a.s. Model to the Committee on Agriculture. tation and Infrastructure. Z-242L Airplanes [Docket No. 2003-CE-24-AD; 2702. A letter from the Program Analyst, 2712. A letter from the Program Analyst, Amendment 39-13171; AD 2003-11-12] (RIN: FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- 2120-AA64) received June 9, 2003, pursuant to mitting the Department’s final rule — Modi- mitting the Department’s final rule — Air- 5 U.S.C. 801(a)(1)(A); to the Committee on fication of Class E Airspace; Rock Rapids, IA worthiness Directives; Raytheon Aircraft Transportation and Infrastructure. [Docket No. FAA-2003-14843; Airspace Docket Company Model 1900D Airplanes [Docket No. 2721. A letter from the Program Analyst, No. 03-ACE-28] received June 9, 2003, pursu- 2002-CE-26-AD; Amendment 39-13141; AD 2003- FAA, Department of Transportation, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 09-12] (RIN: 2120-AA64) received June 9, 2003, mitting the Department’s final rule — Air- on Transportation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Boeing Model 767-200 2703. A letter from the Program Analyst, mittee on Transportation and Infrastruc- and -300 Series Airplanes [Docket No. 2002- FAA, Department of Transportation, trans- ture. NM-10-AD; Amendment 39-13156; AD 2003-10- mitting the Department’s final rule — Modi- 2713. A letter from the Program Analyst, 11] (RIN: 2120-AA64) received June 9, 2003, fication of Class E Airspace; Crete, NE FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. FAA-2003-14927; Airspace Docket mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- No. 03-ACE-33] received June 9, 2003, pursu- worthiness Directives; General Electric ture. ant to 5 U.S.C. 801(a)(1)(A); to the Committee CF34-8C1 Turbofan Engines [Docket No. 2002- on Transportation and Infrastructure. NE-23-AD; Amendment 39-13143; AD 2003-09- 2722. A letter from the Program Analyst, 2704. A letter from the Program Analyst, 14] (RIN: 2120-AA64) received June 9, 2003, FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- mitting the Department’s final rule — Modi- mittee on Transportation and Infrastruc- worthiness Directives; Boeing Model 757-200, fication of Class E Airspace; Saginaw, MI ture. -200CB, and -200PF Series Airplanes [Docket [Docket No. FAA-2002-14180; Airspace Docket 2714. A letter from the Program Analyst, No. 2001-NM-329-AD; Amendment 39-13109; AD No. 02-AGL-17] received June 9, 2003, pursu- FAA, Department of Transportation, trans- 2003-07-13] (RIN: 2120-AA64) received June 9, ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule — Air- 2003; to the Committee on Transportation on Transportation and Infrastructure. worthiness Directives; The New Piper Air- and Infrastructure.

VerDate Jan 31 2003 03:25 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K17JN7.113 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5467 REPORTS OF COMMITTEES ON H.R. 2490. A bill to promote elder justice, H.R. 2497. A bill to permit commercial im- PUBLIC BILLS AND RESOLUTIONS and for other purposes; to the Committee on portation of prescription drugs from Canada, Ways and Means, and in addition to the Com- and for other purposes; to the Committee on Under clause 2 of rule XIII, reports of mittees on the Judiciary, Energy and Com- Energy and Commerce. committees were delivered to the Clerk merce, and Education and the Workforce, for By Mr. SANDERS (for himself, Mr. for printing and reference to the proper a period to be subsequently determined by KUCINICH, Ms. LEE, Mr. HINCHEY, Mr. calendar, as follows: the Speaker, in each case for consideration FRANK of Massachusetts, Mr. Mr. REYNOLDS: Committee on Rules. of such provisions as fall within the jurisdic- DEFAZIO, Mr. PAYNE, Mr. SERRANO, House Resolution 281. Resolution providing tion of the committee concerned. Mr. WEINER, Mr. OLVER, Mr. FILNER, for consideration of the bill (H.R. 8) to make By Mrs. EMERSON (for herself, Mr. Mr. CONYERS, Mr. NADLER, Ms. the repeal of the estate tax permanent (Rept. BROWN of Ohio, Mr. WAMP, Mr. WAX- CORRINE BROWN of Florida, Ms. WAT- 108–157). Referred to the House Calendar. MAN, Mrs. BONO, Mr. EDWARDS, Mr. SON, Ms. BALDWIN, Ms. WOOLSEY, and Mr. HASTINGS of Washington: Committee GUTKNECHT, Mr. EMANUEL, Mrs. Mr. DAVIS of Illinois): on Rules. House Resolution 282. Resolution NORTHUP, Mr. PALLONE, Mr. BRADLEY H.R. 2498. A bill to amend title XVIII of the providing for consideration of the bill (H.R. of New Hampshire, Mrs. LOWEY, Mr. Social Security Act to provide a prescription 1528) to amend the Internal Revenue Code of BEREUTER, Mr. SERRANO, Mr. KING- benefit program for all Medicare bene- 1986 to protect taxpayers and ensure ac- STON, Mr. WEXLER, Mr. JANKLOW, Ms. ficiaries; to the Committee on Energy and countability of the Internal Revenue Service ROYBAL-ALLARD, Mr. OSBORNE, Mr. Commerce, and in addition to the Committee (Rept. 108–158). Referred to the House Cal- LANGEVIN, Mr. CALVERT, Mr. COOPER, on Ways and Means, for a period to be subse- endar. Mr. MARKEY, Mr. ALLEN, and Mr. quently determined by the Speaker, in each Mr. HYDE: Committee on International BURTON of Indiana): case for consideration of such provisions as Relations. H.R. 2330. A bill to sanction the H.R. 2491. A bill entitled the ‘‘Greater Ac- fall within the jurisdiction of the committee ruling Burmese military junta, to strengthen cess to Affordable Pharmaceuticals Act‘‘; to concerned. Burma’s democratic forces and support and the Committee on Energy and Commerce, By Mr. SHUSTER (for himself, Mr. recognize the National League of Democracy and in addition to the Committee on the Ju- HAYES, Mr. BOSWELL, Mr. LAMPSON, as the legitimate representative of the Bur- diciary, for a period to be subsequently de- Mr. EHLERS, Mr. OTTER, Mr. DUNCAN, mese people, and for other purposes; with an termined by the Speaker, in each case for Mr. MORAN of Kansas, Mr. GRAVES, amendment (Rept. 108–159 Pt. 1). Ordered to consideration of such provisions as fall with- and Mr. BOOZMAN): be printed. in the jurisdiction of the committee con- H.R. 2499. A bill to provide economic relief cerned. f to general aviation small business concerns By Mr. LAMPSON: that have suffered substantial economic in- TIME LIMITATION OF REFERRED H.R. 2492. A bill to ensure that recreation jury as a result of the terrorist attacks per- BILL benefits are accorded the same weight as petrated against the United States on Sep- hurricane and storm damage reduction bene- Pursuant to clause 2 of rule XII the tember 11, 2001; to the Committee on Small fits and environmental restoration benefits; Business. following action was taken by the to the Committee on Transportation and In- By Mr. STUPAK: Speaker: frastructure. H.R. 2500. A bill to enable the Great Lakes H.R. 2330. Referral to the Committees on By Ms. NORTON: Fishery Commission to investigate effects of Ways and Means, Financial Services, and the H.R. 2493. A bill to assist local govern- migratory birds on sustained productivity of Judiciary extended for a period ending not ments in conducting gun buyback programs; stocks of fish of common concern in the later than July 7, 2003. to the Committee on the Judiciary. Great Lakes; to the Committee on Re- By Mr. RANGEL (for himself, Mr. f sources. FLAKE, Mr. DELAHUNT, Mr. HOUGH- By Mr. CONYERS (for himself and Ms. PUBLIC BILLS AND RESOLUTIONS TON, Mr. POMEROY, and Mr. MATSUI): KILPATRICK): Under clause 2 of rule XII, public H.R. 2494. A bill to improve and promote H. Con. Res. 221. Concurrent resolution ex- compliance with international intellectual tending condolences to the family, friends, bills and resolutions were introduced property obligations relating to the Republic and severally referred, as follows: and loved ones of the late Mr. Eugene of Cuba, and for other purposes; to the Com- Gilmer; to the Committee on Government By Mr. ACEVEDO-VILA (for himself, mittee on International Relations, and in ad- Reform. Mr. DUNCAN, Mrs. CHRISTENSEN, Mr. dition to the Committee on the Judiciary, UDALL of Colorado, Mr. GONZALEZ, for a period to be subsequently determined f Mr. TOWNS, Mr. GRIJALVA, and Ms. by the Speaker, in each case for consider- MEMORIALS BORDALLO): ation of such provisions as fall within the ju- H.R. 2488. A bill to provide for the protec- risdiction of the committee concerned. Under clause 3 of rule XII, memorials tion of the tropical forests of the Karst Re- By Mr. REYES: were presented and referred as follows: gion of the Commonwealth of Puerto Rico H.R. 2495. A bill to amend the Ysleta del 98. The SPEAKER presented a memorial of and the aquifers and watersheds of this re- Sur Pueblo and Alabama and Coushatta In- the House of Representatives of the Com- gion that constitute a principal water source dian Tribes of Texas Restoration Act to de- monwealth of Pennsylvania, relative to for much of Puerto Rico, and for other pur- crease the requisite blood quantum required House Resolution No. 172 memorializing the poses; to the Committee on Resources. for membership in the Ysleta del Sur Pueblo President and Congress of the United States By Mr. BAIRD: tribe; to the Committee on Resources. to enact legislation requiring the retroactive H.R. 2489. A bill to provide for the distribu- By Mr. REYES: award of the Combat Medical Badge to all tion of judgment funds to the Cowlitz Indian H.R. 2496. A bill to authorize a national Vietnam personnel serving in the 91 MOS Tribe; to the Committee on Resources. museum, including a research center and re- who were assigned to helicopter ambulances; By Mr. EMANUEL (for himself, Mr. lated visitor facilities, in the city of El Paso, to the Committee on Armed Services. BLUNT, Mr. KING of New York, Mr. Texas, to commemorate migration at the 99. Also, a memorial of the Senate of the HOYER, Mr. REYNOLDS, Mr. RANGEL, United States southern border; to the Com- State of Kansas, relative to Senate Resolu- Mr. SHIMKUS, Ms. DELAURO, Mr. mittee on Education and the Workforce, and tion No. 1871 memorializing the United WALSH, Mr. FROST, Mr. BEAUPREZ, in addition to the Committee on the Judici- States Congress to fund the F/A–22 Raptor Mr. STARK, Mrs. MILLER of Michigan, ary, for a period to be subsequently deter- Program; to the Committee on Armed Serv- Mr. GEORGE MILLER of California, Mr. mined by the Speaker, in each case for con- ices. COLE, Mr. WAXMAN, Ms. HARRIS, Mr. sideration of such provisions as fall within 100. Also, a memorial of the House of Dele- JOHN, Mr. RENZI, Mr. KILDEE, Mr. the jurisdiction of the committee concerned. gates of the Commonwealth of Virginia, rel- KIRK, Mr. EVANS, Ms. GINNY BROWN- By Mr. SANDERS (for himself, Mr. ative to House Resolution No. 40 memori- WAITE of Florida, Mr. BROWN of Ohio, Mr. OLVER, Mrs. alizing the United States Congress that the FALEOMAVAEGA, Mr. MCHUGH, Mr. NAPOLITANO, Mr. SERRANO, Ms. LEE, Virginia House of Delegates urge the Presi- CROWLEY, Mr. ACKERMAN, Mr. Ms. CORRINE BROWN of Florida, Mr. dent of the United States to continue to take HINOJOSA, Mr. GRIJALVA, Mr. ISRAEL, MURTHA, Mr. HOLDEN, Mr. PALLONE, all actions necessary to protect all 50 states Mr. CRAMER, Mrs. MCCARTHY of New Mr. PAUL, Mr. LANTOS, Mr. FILNER, and their people, our allies, and our armed York, Mr. BISHOP of New York, Mr. Mr. FROST, Ms. BALDWIN, Mr. FRANK forces abroad from the threat of missile at- ROSS, Mr. DAVIS of Alabama, Mr. of Massachusetts, Mr. CONYERS, Mr. tack; to the Committee on Armed Services. WEINER, Ms. WATSON, Mr. CARSON of HINCHEY, Mr. TIERNEY, Mr. ABER- 101. Also, a memorial of the Senate of the Oklahoma, Mr. ACEVEDO-VILA, Ms. CROMBIE, Mr. WYNN, Ms. SLAUGHTER, State of Georgia, relative to Senate Resolu- JACKSON-LEE of Texas, Mrs. Mr. NADLER, Ms. NORTON, Mr. tion 276 memorializing the United States MALONEY, Mr. MCNULTY, Mr. NADLER, COSTELLO, Mr. OWENS, Mr. CROWLEY, Congress to take such steps as are Mr. OWENS, Mr. BELL, Ms. LINDA T. Mr. KLECZKA, Mr. KUCINICH, Mr. necesssary to assure that the Federal Energy SANCHEZ of California, and Mr. CASE, Mr. DEFAZIO, Ms. WOOLSEY, Regulatory Commission not adopt its pro- SCHIFF): and Mr. DAVIS of Illinois): posed rules for Standard Market Design for

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electricity markets; to the Committee on H.R. 548: Mr. SCOTT of Georgia. H.R. 1793: Mr. PUTNAM and Mr. TIAHRT. Energy and Commerce. H.R. 594: Mr. CONYERS, Mrs. JONES of Ohio, H.R. 1824: Mrs. TAUSCHER, Mr. HALL, Mrs. 102. Also, a memorial of the Senate of the Mr. HOUGHTON, Mr. CLYBURN, and Mr. MOORE. WILSON of New Mexico, Ms. SCHAKOWSKY, Mr. Commonwealth of Massachusetts, relative to H.R. 685: Mr. MCNULTY. PALLONE, Mr. ANDREWS, Mr. LOBIONDO, and a Resolution memorializing the Congress of H.R. 687: Mr. ROGERS of Alabama, Mr. Mr. WAMP. the United States to enact legislation elimi- TOOMEY, and Mr. GIBBONS. H.R. 1828: Mr. ROGERS of Alabama and Mr. nating inequities created by the so-called H.R. 713: Mr. BOEHLERT. GINGREY. superfund law, which pertains to the clean H.R. 716: Mr. MOLLOHAN. H.R. 1871: Ms. JACKSON-LEE of Texas, Mr. up of sites contaminated by hazardous waste; H.R. 813: Mr. VAN HOLLEN. BROWN of Ohio, Mr. LANTOS, and Mr. FROST. to the Committee on Energy and Commerce. H.R. 886: Mrs. DAVIS of California. H.R. 1886: Mr. JENKINS, Mr. WEINER, and 103. Also, a memorial of the General As- H.R. 898: Mr. DINGELL, Mr. FRANK of Massa- Mr. VAN HOLLEN. sembly of the State of Vermont, relative to chusetts, Mr. KANJORSKI, Ms. WOOLSEY, and H.R. 1914: Mr. PLATTS, Mrs. MILLER of Joint House Resolution 15 memorializing the Mr. ENGEL. Michigan, Mr. GUTKNECHT, Mr. HINCHEY, and Congress of the United States to urge the H.R. 935: Mr. LARSON of Connecticut. Ms. JACKSON-LEE of Texas. federal government to thoroughly review and H.R. 941: Mr. DEUTSCH. H.R. 1915: Mr. LIPINSKI and Mr. PAUL. work to mitigate the economic impact of the H.R. 953: Mr. MCINTYRE. H.R. 1916: Mr. MCNULTY, Mr. SIMMONS, Mr. recent rise in natural gas and gasoline H.R. 979: Mr. HASTINGS of Florida. VAN HOLLEN, and Mr. EMANUEL. prices; to the Committee on Energy and H.R. 1005: Mr. RAHALL. H.R. 1926: Mr. BURGESS. Commerce. H.R. 1043: Ms. LINDA T. SANCHEZ of Cali- H.R. 1943: Mr. NEY. 104. Also, a memorial of the Legislature of fornia and Mr. FALEOMAVAEGA. H.R. 1981: Ms. LOFGREN. the State of New Mexico, relative to Senate H.R. 1057: Mr. BRADLEY of New Hampshire. H.R. 2011: Mrs. CHRISTENSEN, Ms. WATSON, Joint Memorial 70 memorializing the United H.R. 1068: Mr. EVANS, Mrs. MCCARTHY of Mr. CROWLEY, Mr. MCDERMOTT, Mr. States Congress to endorse the Western New York, Mr. ROSS, and Ms. VELAZQUEZ KUCINICH, Mr. MOORE, Mr. LARSEN of Wash- States Education Initiative to seek just H.R. 1093: Mr. GRIJALVA and Mr. TOWNS. ington, Ms. NORTON, and Mr. CUMMINGS. compensation from the federal government H.R. 1112: Mr. PRICE of North Carolina. H.R. 2022: Mr. OLVER. on federally owned land and that it urge the H.R. 1155: Mr. MATHESON, Mr. COOPER, Mr. H.R. 2028: Mr. BISHOP of Georgia. federal government to provide an expedited FLETCHER, Mr. CLAY, Mr. RODRIGUEZ, Ms. H.R. 2032: Mr. TIAHRT, Ms. DEGETTE, Mr. land exchange process for land not in conten- BERKLEY, Mr. LAHOOD, Mr. PRICE of North EMANUEL, and Mr. VAN HOLLEN. tion for wilderness designation; to the Com- Carolina, Ms. MCCOLLUM, Mrs. KELLY, and H.R. 2046: Mr. VAN HOLLEN. mittee on Resources. Mr. KUCINICH. H.R. 2057: Mr. TERRY. 105. Also, a memorial of the Legislature of H.R. 1157: Mr. WELDON of Pennsylvania and H.R. 2063: Mr. GRIJALVA. the State of Idaho, relative to Senate Joint Mr. VISCLOSKY. H.R. 2093: Mr. ALLEN. Memorial No. 101 memorializing the United H.R. 1165: Ms. SOLIS. H.R. 2118: Mr. KING of New York. States Congress that the Idaho Legislature H.R. 1167: Mr. WOLF and Mr. BROWN of H.R. 2120: Mr. DREIER. supports and endorses the ‘‘Action Plan for South Carolina. H.R. 2166: Mr. GUTIERREZ and Mr. RUSH. Public Lands and Education’’; to the Com- H.R. 1177: Mr. BROWN of South Carolina, H.R. 2172: Mr. MICHAUD and Mr. LIPINSKI. mittee on Resources. Mr. GILCHREST, Mr. CONYERS, Mr. COOPER, H.R. 2176: Mr. SMITH of New Jersey. 106. Also, a memorial of the House of Dele- and Mr. LUCAS of Kentucky. H.R. 2181: Mr. CHOCOLA. gates of the Commonwealth of Virginia, rel- H.R. 1179: Mrs. CAPITO. H.R. 2191: Mr. VAN HOLLEN. H.R. 1243: Mrs. JO ANN DAVIS of Virginia ative to House Resolution No. 38 memori- H.R. 2193: Mr. MCNULTY and Mr. BALLANCE. and Ms. JACKSON-LEE of Texas. alizing the Congress of the United States to H.R. 2198: Mr. DAVIS of Tennessee. H.R. 1283: Mr. DAVIS of Illinois and Mr. adopt legislation in support of funding for ni- H.R. 2202: Ms. HARRIS. OWENS. trogen reduction technology; to the Com- H.R. 2232: Mr. THORNBERRY, Mr. LEACH, Mr. H.R. 1288: Mr. GARRETT of New Jersey, Ms. mittee on Transportation and Infrastruc- LUCAS of Kentucky, Mr. HAYWORTH, and Mr. HARMAN, Mrs. KELLY, Mr. TOM DAVIS of Vir- ture. ROSS. ginia, and Ms. HOOLEY of Oregon. 107. Also, a memorial of the Legislature of H.R. 2239: Mr. WEXLER, Mr. BAIRD, Ms. H.R. 1296: Mr. FROST and Mr. LANTOS. the State of New Hampshire, relative to WOOLSEY, Mr. HINCHEY, Ms. LEE, Ms. KAP- H.R. 1311: Mr. GOODLATTE and Mr. ALEX- House Concurrent Resolution No. 8 memori- TUR, Mr. VAN HOLLEN, and Mr. CONYERS. ANDER. alizing the United States Congress to urge H.R. 2241: Mr. DOYLE. H.R. 1316: Ms. LORETTA SANCHEZ of Cali- H.R. 2242: Mr. LANTOS and Mr. HONDA. the improvement of the prescription drug fornia and Mr. VAN HOLLEN. H.R. 2246: Mr. DOYLE, Mr. PLATTS, Mr. program provided to veterans; to the Com- H.R. 1321: Mr. BELL. OSBORNE, and Mr. OLVER. mittee on Veterans’ Affairs. H.R. 1336: Mr. PORTER, Mr. LEWIS of Ken- H.R. 2249: Mr. OXLEY. 108. Also, a memorial of the Legislature of tucky, and Mr. GREEN of Texas. H.R. 2260: Mr. LEWIS of Kentucky, Mr. the State of Idaho, relative to Senate Joint H.R. 1409: Mr. CANNON. NEAL of Massachusetts, Mr. DEUTSCH, Mr. Memorial No. 102 memorializing the United H.R. 1428: Mr. PRICE of North Carolina and DAVIS of Illinois, and Mr. CAMP. States Congress to work to pass and vote for Mrs. JO ANN DAVIS of Virginia. H.R. 2262: Mr. VAN HOLLEN. the immediate and permanent repeal of the H.R. 1429: Ms. MCCARTHY of Missouri. H.R. 2295: Mr. GREEN of Texas, Ms. LEE, death tax; to the Committee on Ways and H.R. 1448: Mr. WEINER. and Mr. RANGEL. Means. H.R. 1470: Ms. ROYBAL-ALLARD and Mrs. H.R. 2299: Mr. WEXLER and Ms. JACKSON- 109. Also, a memorial of the Legislature of NAPOLITANO. LEE of Texas. the State of Idaho, relative to Senate Joint H.R. 1472: Mr. HOLT, Mr. HOUGHTON, and H.R. 2301: Mr. TOWNS. Memorial No. 103 memorializing the United Mr. CYLBURN. H.R. 2307: Mr. NEY, Mr. STRICKLAND, and States Congress to vote to repeal the indi- H.R. 1499: Mr. PALLONE, Ms. JACKSON-LEE Mr. GREEN of Texas. vidual and corporate Alternative Minimum of Texas, and Mr. PAYNE. H.R. 2318: Mr. ACEVEDO-VILA. Tax; to the Committee on Ways and Means. H.R. 1511: Mr. NEUGEBAUER, Mr. HERGER, H.R. 2325: Mr. WU and Ms. BERKLEY. f Mr. RADANOVICH, Mr. ROSS, Mr. STENHOLM, H.R. 2330: Mr. VAN HOLLEN. Mr. PASCRELL, Mr. ISRAEL, Mr. DEUTSCH, Mr. H.R. 2347: Mr. COLE. ADDITIONAL SPONSORS HILL, Mr. JEFFERSON, Mr. KENNEDY of Rhode H.R. 2351: Mr. DEUTSCH. Under clause 7 of rule XII, sponsors Island, Mrs. LOWERY, Mr. MARKEY, and Mr. H.R. 2357: Mr. PAUL, Mr. PEARCE, Mr. were added to public bills and resolu- WEXLER. BRADLEY of New Hampshire, Mr. WILSON of H.R. 1532: Mr. STARK, Mr. KUCINICH, Mr. South Carolina, and Mr. GILLMOR. tions as follows: SCHIFF, Mr. Holt, Mr. HOUGHTON, and Mr. H.R. 2377: Ms. CORRINE BROWN of Florida. H.R. 141: Mr. LARSEN of Washington. VAN HOLLEN. H.R. 2403: Mr. BLUMENAUER, Mr. WEXLER, H.R. 189: Ms. LEE and Mr. MCDERMOTT. H.R. 1552: Mr. WOLF, Mr. DAVIS of Ten- and Mr. HOLT. H.R. 227: Ms. JACKSON-LEE of Texas and Mr. nessee, Ms. ESHOO, Mr. FLETCHER, Mr. H.R. 2409: Mr. BARTON of Texas, Mr. ENGEL, LANTOS. MICHAUD, and Mrs. CHRISTENSEN. and Ms. MCCARTHY of Missouri. H.R. 300: Mr. TOOMEY and Mr. GARY G. MIL- H.R. 1671: Mr. LAHOOD. H.R. 2433: Mr. EVANS and Mr. FILNER. LER of California. H.R. 1675: Mr. JANKLOW. H.R. 2458: Mr. FROST. H.R. 303: Mr. WU, Mr. GERLACH, Ms. KIL- H.R. 1705: Mr. EVANS. H.R. 2459: Mr. POMEROY. PATRICK, and Mr. DEAL of Georgia. H.R. 1725: Mr. WELDON of Pennsylvania, H.R. 2462: Mr. PLATTS, Mr. HOEFFEL, Mr. H.R. 375: Mr. TAUZIN Mr. WICKER, Mr. ISSA, Mr. HERGER, and Mr. FRANK of Massachusetts, and Mr. ETHERIDGE. H.R. 401: Ms. LINDA T. SANCHEZ of Cali- HALL. H.R. 2476: Mr. ROSS. fornia. H.R. 1746: Ms. ROS-LEHTINEN. H.R. 2485: Mr. ANDREWS. H.R. 463: Mr. CANTOR. H.R. 1749: Mr. WHITFIELD and Mr. MOL- H.J. Res. 50: Mr. CHOCOLA, Mr. SOUDER, and H.R. 528: Mr. CALVERT, Mr. NUNES, MR. LOHAN. Mr. BALLENGER. TERRY, Mr. BROWN of Ohio, Mrs. TAUSCHER, H.R. 1767: Mr. HALL. H.J. Res. 58: Mrs. JO ANN DAVIS of Vir- Mr. ISRAEL, and Ms. NORTON. H.R. 1778: Mr. HOEKSTRA. ginia.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\L17JN7.001 H17PT1 June 17, 2003 CONGRESSIONAL RECORD — HOUSE H5469 H. Con. Res. 6: Mr. ROSS. H. Res. 234: Mr. DOYLE, Mr. GEORGE MILLER DELETIONS OF SPONSORS FROM H. Con. Res. 37: Mr. CALVERT, Mr. SIMMONS, of California, Mr. RYAN of Ohio, and Mr. PUBLIC BILLS AND RESOLUTIONS and Mrs. JONES of Ohio. MOORE. H. Con. Res. 78: Ms. MCCARTHY of Missouri. Under clause 7 of rule XII, sponsors H. Res. 237: Mr. CLYBURN. H. Con. Res. 87: Mrs. MALONEY and Mr. were deleted from public bills and reso- SHERMAN. H. Res. 240: Mr. ROSS, Mr. STENHOLM, Mr. lutions as follows: H. Con. Res. 88: Mr. WICKER, Mr. ISTOOK, RODRIGUEZ, Mr. WAXMAN, Mr. BELL, Mr. H.R. 1472: Mr. NUNES. and Mr. POMEROY. OLVER, Mr. DOOLEY of California, and Mr. f H. Con. Res. 98: Mr. WALDEN of Oregon and FROST. Mr. SMITH of Michigan. H. Res. 262: Mr. WILSON of South Carolina, PETITIONS, ETC. H. Con. Res. 119: Mrs. MCCARTHY of New York. Mr. WOLF, Mr. CONYERS, Mr. SNYDER, and Under clause 3 of rule XII, H. Con. Res. 164: Mr. BLUMENAUER. Mr. PAYNE. 17. The SPEAKER presented a petition of H. Con. Res. 178: Mr. PORTER. H. Res. 277: Mr. SMITH of New Jersey and the City Council of Jacksonville, Florida, H. Con. Res. 208: Mr. CONYERS, Mr. MCNUL- Mr. ROHRABACHER. relative to Resolution 2003-501-A memori- TY, and Mr. PAYNE. alizing the Congress of the United States to H. Res. 278: Mr. FROST, Mr. MCCOTTER, Mr. H. Res. 141: Mr. MCGOVERN. unanimously co-sponsor and pass Senate Bill H. Res. 144: Mr. LANTOS, Mr. RANGEL, Mr. WALSH, and Mr. NADLER. 766 and House Bill 197 to locate a national MCNULTY, Mr. FROST, Mr. BROWN of Ohio, cemetery for veterans in Jacksonville; which Ms. JACKSON-LEE of Texas, Ms. MCCARTHY of was referred to the Committee on Veterans’ Missouri, and Mr. LANGEVIN. Affairs.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A17JN7.052 H17PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, JUNE 17, 2003 No. 89 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE to make, over the course of today, called to order by the Honorable LISA The Honorable LISA MURKOWSKI, a their opening statements on this im- MURKOWSKI, a Senator from the State Senator from the State of Alaska, led portant piece of legislation. of Alaska. the Pledge of Allegiance as follows: I ask unanimous consent that the bill be open for debate only until the hour The PRESIDING OFFICER. The I pledge allegiance to the Flag of the of 2:15 today, and further, that the time Chaplain will lead the Senate in pray- United States of America, and to the Repub- until 2:15 be equally divided between er. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. the two managers or their designees. Today’s prayer will be offered by our The ACTING PRESIDENT pro tem- f guest Chaplain, Father Dennis pore. Without objection, it is so or- Kleinmann of St. Mary’s Catholic APPOINTMENT OF ACTING dered. Church, Alexandria, VA. PRESIDENT PRO TEMPORE Mr. FRIST. Today, the Senate will be The PRESIDING OFFICER. The in recess from 12:30 until 2:15 for the weekly party lunches. Rollcall votes PRAYER clerk will please read a communication to the Senate from the President pro are possible during today’s session, and Almighty God, blessed are You Lord tempore (Mr. STEVENS.) we will notify all Members as these of mercy. You exemplify all virtue, in- The legislative clerk read the fol- votes are scheduled over the course of cluding patience, purity, kindness, and lowing letter: the day. Madam President, we will be turning humility. We thank You for the many U.S. SENATE, our attention to Medicare shortly, and graces You have bestowed upon us and PRESIDENT PRO TEMPORE, we will be focused on this significant, our country: the freedoms we enjoy, Washington, DC, June 17, 2003. important piece of legislation for the the liberty to assemble as we do here To the Senate: next several days. Indeed, we will stay today, and the right to enact laws Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby on this bill until we vote on its pas- which govern this Nation of ours. You appoint the Honorable LISA MURKOWSKI, a sage. As I looked over the progress allow us to be witnesses of justice and Senator from the State of Alaska, to perform from last week, I saw a lot of encour- truth. You fill our hearts with love. the duties of the Chair. aging examples of consensus building You enrich us with courage and enable TED STEVENS, President pro tempore. and working together on both sides of us to work for the good of all. the aisle, of progress and of achieve- Ms. MURKOWSKI thereupon assumed Through our Founding Fathers, these ment in a bipartisan cooperative way. the Chair as Acting President pro tem- United States of America have been es- We made huge progress in the debate pore. tablished as the protector of these on energy and, indeed, were able to pull rights and freedoms. You continue to f together a finite number of amend- bless us with men and women willing RECOGNITION OF THE MAJORITY ments. Over the course of the weekend and to serve these goals and this Nation LEADER tirelessly. God of truth, as this Senate this week, the managers of that bill The ACTING PRESIDENT pro tem- meets yet again today may Your light will be looking at those amendments to pore. The majority leader is recog- of wisdom guide them and direct their see how we can, in a very orderly way, nized. deliberations that they may together come back and address energy and always work peacefully and charitably. f bring it to completion. We also, last May they seek to promote national week, completed our action on a num- SCHEDULE ber of important issues, one of which happiness. And as they discharge their Mr. FRIST. Madam President, today was the FAA reauthorization. We were duties this day may honesty and integ- the Senate will be in a period of morn- able to do that in one day. I thank the rity rule their thoughts, words, and ing business until 10 a.m. At 10 o’clock, chairman and the ranking member for deeds. the Senate will resume consideration their cooperation in moving this im- We pray that these Your sons and of S. 1, the prescription drug benefits portant and much-needed bill to com- daughters entrusted by Your authority bill. pletion. with our welfare may act with knowl- Yesterday afternoon, a number of We also passed the Burmese Freedom edge and understanding. We ask that Senators came to the floor to begin and Democracy Act last week. In par- the peace only You can truly give be this historic debate. I hope many Mem- ticular, I want to thank the distin- ours both now and forever. Amen. bers will participate and will continue guished majority whip, the Senator

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

S7943

. S7944 CONGRESSIONAL RECORD — SENATE June 17, 2003 from Kentucky, Mr. MCCONNELL, for ministration and the bold leadership of I must say, I do not share the enthu- bringing that bill both to our attention President Bush. I think because of all siasm for the legislation that some of and shepherding it through the floor. of this activity and the foundation that my colleagues do, and I wish to talk Last week, we also passed the Women we have of working on this for years about that this morning. We may have Business Centers Preservation Act, and years, we do have an opportunity— a different perspective on how close sponsored by Senator OLYMPIA SNOWE, and indeed I argue that it is an obliga- this may be, but I also recognize that and we were able to complete a number tion—to bring this debate to a point in we have made the perfect the enemy of of executive nominations. We have a which we take action and actually pass the good at times, and I do not want to whole range of other nominations a framework to give this appropriate do that in this case. pending, and we will work to clear strengthening of Medicare. I hope we can make a good down pay- these nominations on the Executive Yesterday, Members did have the op- ment. I hope we can achieve a start. I Calendar and to schedule rollcall votes portunity to deliver opening state- have been concerned about how shaky as necessary. ments. As I mentioned, they will con- a start this may be, but it is a start. If As we enter the Medicare debate and tinue through this morning and likely we are going to commit $400 billion the amendment process, I am very into the early afternoon. Later today, over the next 10 years to provide mean- hopeful it will follow the same pattern if appropriate, we can go to amend- ingful drug benefits, I hope we can do we showed last week in working to- ments and tomorrow have a very active so maximizing the use of those re- gether. We will see robust debate. The day on amendments. sources, providing the most efficient end product is something for which I Again, I hope we will be able to turn utilization, and a mechanism, an infra- think we will have strong bipartisan to final passage of this bill before we structure, for prescription drugs that support. I think the amendment proc- adjourn for the Independence Day re- will accommodate many of the goals ess will reflect a lot of the differing ap- cess. and hopes we have for at long last mod- proaches on both sides of the aisle I yield the floor. ernizing Medicare in a way we know within each of the caucuses as we go f must be done. forward with the shared goal of I hope we do not overpromise. It is so strengthening Medicare, improving RESERVATION OF LEADER TIME easy to make proclamations about how Medicare and, at the same time, pro- The ACTING PRESIDENT pro tem- good this accomplishment is, and I viding America’s seniors with the ben- pore. Under the previous order, the think we may create false expecta- efit that we have been denied in the leadership time is reserved. tions, high expectations, for this legis- past because traditional Medicare sim- lation that just will not be realized ply hasn’t kept up to the times, and f once the full impact of the bill is felt that is prescription drug coverage. MORNING BUSINESS in the countryside. I look forward to 2 weeks from now Some have said, for example, that when we will, on this floor, hopefully— The ACTING PRESIDENT pro tem- this is just like FEHBP, the Federal I optimistically say this—pass a bill pore. Under the previous order, the Employees Health Benefits Plan, for that America’s seniors and future re- Senate will begin a period for morning Senators. It is not. There is about a tirees will be able to look at and say, business until the hour of 10 a.m., with $1,000-a-year difference in the value of yes, that is health care security and the time equally divided between the benefits between what Senators get that does include the benefits that are two leaders or their designees. and what seniors are going to get. so important to health care delivery The minority leader. To do what Senators get, we are told today, namely, prescription drugs. f by economic analysts, it would take We have talked a lot about mod- about $800 billion over a 10-year period, PRESCRIPTION DRUG BENEFIT ernization of the Medicare Program not $400 billion. So this is not FEHBP. over the last 45 years. We had a bipar- Mr. DASCHLE. Madam President, I This is something substantially below tisan commission that generated a plan commend the distinguished majority FEHBP. that was bipartisan, which Senator leader for his statement and for the ef- We also must acknowledge that a BREAUX and I put together based on the fort he has made to bring the debate on senior who has $5,000 of drug costs will findings of the Medicare Commission. prescription drugs to the floor over the get a benefit of about $1,700; $3,300 will The Senate Finance Committee, over course of the next 2 weeks. still come out of pocket out of that the last several years, has had 30 hear- I share his hope and his goal that by $5,000. So people need to be aware this ings, with 7 devoted just to this issue the end of this period, we can have is not FEHBP; that this is not going to of prescription drug coverage. Earlier achieved what I think all Senators address all of the concerns and needs in the month, we held an additional want—a good, vigorous debate about that seniors have with regard to their committee meeting to focus specifi- what is the best approach to take with drug costs. cally on the framework that has been regard to a prescription drug benefit Having said that, I believe we put put forth by the managers of the bill, under Medicare—and complete that de- down a marker, we set a foundation, Senator GRASSLEY and Senator BAU- bate prior to the July 4 recess. I have and we should work with the adminis- CUS. indicated to him personally that it tration and with especially the Depart- That hearing constituted the third would be my intention to work with ment of Health and Human Services to committee hearing on Medicare this him to accommodate that goal. I do address some of these concerns, and year. Indeed, last Thursday night, the hope we can move to the amendment over time I believe we can make this Finance Committee voted to send this phase of the debate sooner rather than an even better bill. Whether it is in the historic legislation to the floor of the later, preferably this afternoon. next 2 weeks, the next 2 months, 2 Senate with a bipartisan vote of 16 to 5. I also commend Senators GRASSLEY years, or 2 decades, we are going to I thank Chairman GRASSLEY and Sen- and BAUCUS for their effort in the Fi- make this a better bill, a better pro- ator BAUCUS for getting us to that piv- nance Committee. The vote of 16 to 5 gram. otal point. This Grassley-Baucus agree- was an indication of their success in There are a number of concerns I ment provides a strong base, a strong accommodating the concerns and the have with regard to how we can make framework upon which we can achieve ideas of many of our colleagues. They it better that I hope we can address that mutually shared goal of strength- have worked on this for a long period through amendments. The first amend- ening and improving Medicare with a of time and I think deserve our com- ment Democrats will offer is simply to meaningful prescription drug benefit mendation for the effort they have give seniors more choice; to say to added. There are so many others who made on a bipartisan basis. During the them: You can pick a private sector should be recognized who participated committee process, I indicated it would plan if you wish, but we also think you in the debate, but it is almost futile to be my hope that I could work as vigor- ought to be able to pick a plan that is do it because so many have partici- ously as they did in achieving the bi- strictly a Medicare plan; that you can pated in this body and in the House of partisan tone that was accomplished simply extend your current Medicare Representatives, indeed, with the ad- during the markup last week. benefits for doctors and hospitals to June 17, 2003 CONGRESSIONAL RECORD — SENATE S7945 prescription drugs as well, and that way to stop that from happening: To tion, implementation, and administra- should be an option for you as you incent employers, to try to discourage tion. Technically it is supposed to kick make your decision with regard to them in as many ways not to drop that in on January 1. what choices may be right for you. coverage, and we are going to try to do Now, if my colleagues have seen Gov- That will be one of our key amend- that. ernment work that fast in any other ments. As I said, it will be our first The way we write the language on area than perhaps a military interven- amendment. how retirees can be dropped, the way tion somewhere, I would like to see I am concerned as well about the vol- we incent employers by providing them where it is. I am very concerned— atility of premiums. There are those with benefits to keep that coverage— frankly, extremely concerned—about who suggest there will not be much we are going to try to do that as well. whether or not that is even humanly variation, and yet in testimony we To provide 100 percent of the incentive possible. were given just last week during the it is going to take for companies not to Keep in mind, this is not going to be markup, the experts told us they could drop their employees would cost more a one-time experience. We are going to not guarantee there would not be great money. This bill currently has some. repeat this every single year perhaps. volatility. So we are going to see if we can get We are going to make a decision in We are concerned about the past ex- closer to that full amount to ensure every region whether or not these ample of Medicare+Choice, the pre- that we do not find any more compa- plans can compete. Whether it is Alas- mium for such plans can cost $16 in nies than absolutely necessary or pos- ka or South Dakota, my guess is they Florida and cost $99 today in Con- sible that will drop their employee ben- will not find them. They will then say, necticut. That variation is what we are efits. okay, we are going to have 3 months to afraid could be part of this plan unless So we have a number of significant fully implement a Medicare fallback we do something about it. concerns about the way this is written, even though we do not know who the Seniors are going to have four cost about the benefits, about the uncer- contractor for that Medicare fallback issues about which to be concerned. tainty, about the costs, about whether will be on October 1. The first is the premium. The second is or not Medicare can play more of an So I have to say, as we walk through the initial cap on benefits and the stop- upfront role. a lot of these concerns, my colleagues loss; that is, at what point do they lose We have one other issue, the vola- will understand why many of us worry all coverage and at what point do they tility of the benefit itself. South Da- about setting these high expectations get catastrophic coverage—and I will kota is a good example of a concern and then find out how seniors will deal get to that in a minute, the gap when that many of us have. In South Dakota with them and address them in a way they pay all of the costs. They will also we do not have any Medicare+Choice. that does not cause confusion, fear, have co-payments and the deductible. Companies do not want to serve the anxiety, frustration that is so unneces- All four of those variables could change rural areas. So we are concerned about sary if we would just do this right. dramatically. The deductible is cur- what it is going to take to bring com- Mr. DURBIN. Will the Democrat rently $250, thereabouts, in the bill, but panies into South Dakota to compete leader yield for a question? it could go up. The co-payments are 50– for the benefit plan to be provided in Mr. DASCHLE. I am happy to yield. 50, but it could go up. The stop loss is our region. If we cannot find anybody, Mr. DURBIN. I ask the Democratic around $3,700 out-of-pocket. That could under the bill, Medicare kicks in for 1 leader, as a member of the Senate Fi- change. And you have, of course, the year. Once Medicare has kicked in, at nance Committee which is deliberating premium itself which is estimated to the end of 1 year’s time, these private on this 653-page bill, if he would ac- be $35, but there is no guarantee. companies can come back in and the knowledge or at least respond to the There is no defined benefit. One plan Medicare plan that seniors had counted following: I believe the positive aspect could have a lot more benefit than an- on for that year no longer would exist of this is that for those who started out other. And seniors in their late eighties and there would be competition again this debate saying we are going to or early nineties are, I think, going to for the private sector plans competing eliminate Medicare, that Medicare is find it very confusing with all these if they wish to serve that particular going to be replaced with a private variables with regard to their costs and area. plan, private insurance, that argument also extremely different options and So there is this constant change. If is out the window. Medicare recipients variables when they get to their bene- there is anything seniors do not like, it will be able to continue their basic fits. So there is no defined benefit. is change and this uncertainty that Medicare coverage for hospitals and As I say, there is still a large issue comes with change. doctors. It will not be an either/or situ- with regard to the benefit falloff, the Not only that, we learned last week ation. I think that is positive. initial benefit cap for the package another disconcerting aspect of this. A We have finally reached a point overall. It has been described as a decision would be made sometime in where we have an honest debate over donut hole, a coverage gap, but the September on whether plans would prescription drugs, and I think for benefit cap, the benefit stop that kicks exist for the coming year. If it can be those of us on this side of the aisle who in at about $4,500 in drug spending, will determined by September that the have been pushing for it for so long, mean that seniors between $4,500 and at plans cannot be put into effect for that those are two very positive aspects of least $5,800 are going to have to pay all coming year in a given region, then this debate. I ask the Democratic lead- of the premium costs and get no ben- what happens is Health and Human er if he would agree with that. efit whatsoever during that period of Services establishes a Medicare plan, Mr. DASCHLE. I would certainly time. So we are going to have to deal but they have to contract with a pri- agree with that, and before the Senator with that as well, it seems to me, and vate company to provide that Medicare came on the floor I commended those that is a function of cost. plan for the following year beginning responsible for making this a better We also have another issue about in October. bill and bringing us to this point. I which we are concerned. We are told by So what happens under the bill be- think that while perhaps it is a shaky CBO that 37 percent of beneficiaries— tween October and January is this: start, it is a very important start and this is CBO—37 percent of beneficiaries They find out first that no two plans we can deal with all of these other with retiree prescription drug coverage can compete, so the Medicare plan is issues. Those are two issues we have will lose it under this bill; 37 percent, supposed to kick in. They contract for dealt with, and I am grateful for the one out of three retirees, one out of the Medicare plan, decide what the pre- fact that we have made progress. three at least. I guess you could not mium, the benefits, the stop loss, and Mr. DURBIN. I want to ask the say necessarily it is one out of three the deductible are going to be. They Democratic leader three specific ques- employees; it could be more than that. somehow notify all the seniors in the tions about this bill that I think go to Thirty-seven percent of beneficiaries region. They begin to try to implement the heart of the challenge we face. with retiree coverage today will lose the plan between October and Decem- It is my intention to vote for this bill that prescription drug coverage when ber and make all of these decisions but also vote for amendments which I this bill kicks in. There is only one with regard to plans, benefits, notifica- think will improve it. First, the cost of S7946 CONGRESSIONAL RECORD — SENATE June 17, 2003 prescription drugs goes up 10 to 20 per- is supposed to be 50/50. It could be 70/30. forward, and they go back to the back- cent a year, and as these costs rise, There is no guarantee on the so-called stop, which is the Medicare plan, and seniors are paying more out of pocket. initial cap on benefits, or the benefit then there is the thought they will step In 653 pages of legislation, how much is loss at some point, whenever that forward again but they don’t, and then dedicated to controlling the costs of kicks in. It could be $4,500. It could be they backstop back to the Medicare drugs, keeping them affordable, not different. That is the benefit cap be- prescription drug plan? Does that sug- just for seniors but for all American yond which one has to pay all of the gest not only uncertainty but chaos? families? costs of a prescription drug. Mr. DASCHLE. The Senator from Mr. DASCHLE. In response to the So there are those four variables. As Florida has put his finger on one of the Senator from Illinois, some of the bill’s the Senator suggests, more clarity and big concerns many Members have, the proponents would say that is what they certainty in this legislation would go a volatility, as he called it, the revolving hope to achieve through competition, long way to eliminating a lot of the door. but we have not seen that work. anxiety seniors have about this. What private insurance companies Medicare+Choice was supposed to be Mr. DURBIN. The last question I will have stated in the past, insuring drug competition, and it has not worked. ask the Democratic leader—and I see coverage for seniors is almost like in- What we need to do is to have real others are in the Chamber—it is my suring for a hair cut. A hair cut is inev- competition with a Medicare benefit understanding that when Medicare was itable. So is the utilization of prescrip- plan that will kick in, that will allow created under President Johnson, from tion drugs for seniors. Because we can- us to compare what could be done in the date of the passage of the legisla- not make the actuarial analysis work, the private sector with what could be tion until Medicare went into effect there is no choice; either not to go in done in the public sector. We have seen was less than a year. It is also my un- or to be significantly subsidized to real cost containment in the Veterans’ derstanding that this prescription drug make a profit, to make this work. That Administration. We have seen it in the protection, whatever it offers, is not is why for so long we have not seen Defense Department. To a certain ex- going into effect until 2006—is my un- Medicare+Choice work very well. It has tent, we have seen it in other govern- derstanding correct—after the next not been adequately subsidized and ul- mental agencies, such as the Indian election? Is that correct? timately people have just not found it Health Service. We have not seen it yet Mr. DASCHLE. Unfortunately, the in their interest to sign up. with Medicare+Choice. That is No. 1. Senator is correct. Some suggest it What we have seen is that the Medi- No. 2, we will be offering an amend- takes that long to set up the infra- care system has worked, has served ment offered at least by Senators structure, but as he also noted, Medi- this segment of our population very ef- GREGG, SCHUMER, and others on access care took 11 months. When we estab- fectively, and we are simply trying to to generic drugs which will give people lished Medicare, 11 months later it was ensure that there is some stability. If an option to buy the generic version of up and running. If an entire health care seniors want to stay with Medicare, let a given drug, and that will help. Sen- system can be developed with a pay- them do so, rather than this revolving ator DORGAN will offer an amendment ment regime for doctors as well as hos- door, rather than being the guinea pigs for reimportation of drugs sold cheaper pitals—and I might add there were two in the private sector to find a way to in other countries to allow greater cost different payment regimes, Part A and devise a formula, where some private containment. Those three things could Part B—in 11 months, I do not under- insurance companies could offer bene- go a long way to addressing the issue of stand why it would have to take 3 fits that may or may not work over a costs more effectively, and that is what years for us to do this. But that is what period of years. this amendment process is going to be is incorporated in the bill. This process of selection and all about. Mr. DURBIN. I say to the Democratic deselection and analysis and ulti- Mr. DURBIN. The second question is: leader, those are the three areas that mately implementation in a matter of When seniors have to figure out wheth- jump forward as you look at this bill, 3 months every year could pose some er or not they want to get involved in the uncertainty in terms of cost, the serious problems for seniors in Florida this program, they have to make a cal- complete lack of cost controls and re- or South Dakota. culation: Is it worth it to pay a pre- duction in prices for prescription drugs Mr. NELSON of Florida. Therefore, mium each month and face a deduct- for American families, and the fact this we could clear up that uncertainty, ible at the end of the year? Will I be is being delayed until after the next stop that revolving door, if, in fact, we ahead or behind? As I understand it, we election strikes me that those who are gave seniors the automatic choice they have heard a lot about a $35 monthly proposing this are afraid once seniors could get their prescription drugs premium, but that is not mandated in actually see these uncertainties they through Medicare, but if they had a this bill. There is no requirement that may decide this is not as good a bar- better option, a more favorable menu it be $35 a month. It could be consider- gain as they had hoped. of prescription drugs in the private sec- ably more. The $250 deductible that is Although this is a step forward, the tor, they could opt for that? in here I guess could be changed as alternatives we will offer on the floor Mr. DASCHLE. That is exactly what well. So for the seniors who are trying are going to create more certainty, we would be suggesting with the first to decide whether this makes sense more price competition, and a better amendment the caucus will propose. based on their personal budgets—and approach for seniors. The distinguished Senator has charac- that is what it comes down to—have we I thank the Democratic leader. terized it exactly right. Why not give not created kind of a moving target as Mr. NELSON of Florida. Would the seniors a little more choice? But with to what this is going to cost each sen- Democratic leader yield for a question? that choice, perhaps a little more cer- ior across America? Mr. DASCHLE. I am happy to yield. tainty that regardless of what may Mr. DASCHLE. Well, there is not Mr. NELSON of Florida. Recognizing happen in the private sector they will only one, there are four moving tar- that several States, including the always have the Medicare plan avail- gets. The first moving target, as the State of the distinguished Democratic able as a choice. That is all we are ask- Senator suggests, is the premium. It is whip, Nevada, have implemented pre- ing. If Medicare cannot compete effec- suggested it be $35 a month, but there scription drug plans of which they were tively, no one will use it and everyone is no guarantee. It could be $100. It not able to get any insurance company will go to the private sector. If it can could be $20. No one knows. They will to step forward to offer prescription compete, if it can provide a comparable not know until they are able to deter- drugs under that plan because the in- benefit, why not have it, instead of mine just what it is going to take to surance companies could not make any going through this backup business bring a benefit to a given region. That money, are we likely to see this revolv- every year. is only the first. ing door the distinguished Senator That will be a key priority amend- The suggested deductible is $275. from South Dakota has talked about, ment for us when we have the debate. There is no guarantee. Nobody knows that two companies are supposed to Mr. NELSON of Florida. I would like whether it is going to be $500 or $100. compete and offer prescription drugs to to ask one more question of the distin- There is no guarantee on the copay. It the senior citizens but they do not step guished Democratic leader. At the end June 17, 2003 CONGRESSIONAL RECORD — SENATE S7947 of the day, if we are not able to im- year after the committee process was ate this week, but I can say we have prove the bill with some of these bypassed altogether, is a testament not had extensive hearings in the Senate amendments that have been discussed, only to their skill but also to their pas- Finance Committee. I remind my col- it is either yea or nay. If we know that sion for this issue. leagues, since 1999 the Finance Com- this kind of chaos and uncertainty is They have built upon the leadership mittee has held 30 Medicare hearings coming down the road when the legisla- that has been provided by the Presi- with 8 focused specifically on the cre- tion kicks in in 2006, is the theory of dent, who challenged the Congress to ation of a prescription drug benefit. the Senator from South Dakota that enact a Medicare prescription drug Last year, we spent 2 weeks on the half a loaf is better than no loaf at all? benefit, offered principles, and more re- Senate floor considering 5 different ini- Mr. DASCHLE. I have come to the cently issued the charge to the Con- tiatives. During the Finance Commit- conclusion, that this may not even be gress to have a bill on his desk in July. tee’s consideration of this bill last half a loaf but it is a start. As a start, The Senate majority leader has been week, the chairman allowed an exten- it affords an opportunity to come back steadfast in his commitment not only sive discussion of the issues and more in 2 months, 2 years, within the next that a markup should be held in the Fi- than 136 amendments were filed. two decades, and gives us a chance to nance Committee but also to ensuring The bottom line is the policies in this build. It has the elements of a founda- we had a timetable to make the process consensus bill certainly were not tion upon which we can improve a sys- work and to have this legislation on achieved in a vacuum. They are the tem of prescription drug health care the President’s desk in July. Thanks to combination of 5 years of vetting and delivery to seniors for the first time in his determination and also to the de- bipartisan bridge building. They are our lifetime, for the first time in the termination, commitment, and long- the direct descendants of last year’s lifetime of Medicare. That to me is a standing contributions made by my tripartisan bill that we spent 2 years valuable asset to put in the bank so colleagues, Senator HATCH, Senator developing, meeting every week. That that I am prepared to accept the many BREAUX, and Senator JEFFORDS, along was, again, Chairman GRASSLEY, Sen- deficiencies in this bill in an effort to with Chairman GRASSLEY and Senator ator BAUCUS, Senator BREAUX, Senator get something started. BAUCUS, with whom I have worked over HATCH, Senator JEFFORDS, and myself, I don’t expect I will enjoy unanimous the past few years, seniors will be able and this ultimately resulted in an evo- support for that point of view within to celebrate a second independence day lutionary process of numerous our caucus, perhaps within the Senate. this summer: Independence from the iterations of various legislative initia- But it seems to me we have to start crushing cost of prescription drugs. tives and provisions. It has been a somewhere. If we fall victim to making As one who teamed with Senator healthy competition of ideas that has the perfect the enemy of the good, then WYDEN almost 6 years ago to forge this been forged into this piece of legisla- I believe we will have lost yet another first bipartisan prescription drug cov- tion today, recognizing it is virtually year and there will be no help for sen- erage bill in the Senate, I know it has impossible in a 51–49 Senate to design iors under any circumstances. I don’t been a rather lengthy road that has led the largest domestic program, in nomi- find that acceptable. to this day, but it has been a much nal terms, ever created and to pass the Mr. NELSON of Florida. I thank the longer and more arduous journey for most significant enhancement of the Senator from South Dakota. America’s seniors who cannot afford to Medicare Program in its 38-year his- Mr. DASCHLE. I yield the floor. wait any longer for Washington to act. tory with a ‘‘my way or the highway’’ f So I am pleased we now stand on the approach. brink of passing legislation that will Concessions must be made. Thank- CONCLUSION OF MORNING provide every senior with the security fully, they have been made in arriving BUSINESS of a comprehensive prescription drug at this policy equilibrium that ac- The PRESIDING OFFICER (Mr. EN- benefit under the Medicare Program. knowledges, not only what is politi- SIGN). Morning business is closed. That means we have the opportunity to cally possible but, most critically, f pass this benefit this month and to what is workable and meaningful and have it on the President’s desk in July. effective for America’s seniors. The PRESCRIPTION DRUG AND MEDI- We have certainly come a long way President made concessions, Repub- CARE IMPROVEMENT ACT OF since I started in this process with my licans made concessions, Democrats 2003—Resumed colleague, Senator WYDEN, almost 6 made concessions, and then there were The PRESIDING OFFICER. Under years ago, when we fired some of the concessions made across the ideolog- the previous order, the hour of 10 a.m. opening shots in this legislative battle. ical spectrum in each of our respective having arrived, the Senate will proceed We progressed from the $28 billion parties. But, in the final analysis we with consideration of S. 1, which the former President Clinton proposed for also have acknowledged that if we clerk will report. a prescription drug proposal to the $40 want to pass a prescription drug ben- The assistant legislative clerk read billion program that we established— efit, then we have to achieve a con- as follows: Senator WYDEN and I, in the Budget sensus to ensure that seniors get this A bill (S. 1) to amend title XVIII of the So- Committee as members of that com- benefit this year and now. cial Security Act to make improvements in mittee, for a $40 billion reserve fund As a result, we maintained that there the Medicare Program, to provide prescrip- over 5 years—to finally enacting a re- were certain principles that had to be tion drug coverage under the Medicare Pro- serve fund several years later, again, a adhered to in the development of this gram, and for other purposes. reserve fund for more than $300 billion. legislation. Certainly it maintained The PRESIDING OFFICER. The Sen- Ultimately, we had the proposal last the four principles we established when ator from Maine. fall for $370 billion, and then the bipar- we designed the original tripartisan Ms. SNOWE. Mr. President, I rise tisan bill that included that amount of plan. today to praise the exceptional com- money, and then, of course, the $400 First of all, the benefit must be uni- mitment of Chairman GRASSLEY as billion that was proposed by the Presi- versal—that is the No. 1 priority for chairman of the Senate Finance Com- dent this year. seniors, ensuring that any new benefit mittee, ranking member, Senator BAU- I remind my colleagues that is al- is available in every region of the CUS, to meld both political and policy most $200 billion more than the Presi- country regardless of whether you live differences and produce a bill that can dent originally initiated for a proposal in an urban area or a rural area—and garner support of 16 members of the Fi- just last year. So we have come a long that you could receive this benefit at nance Committee, 16 Members of the way in this process over a 6-year pe- the lowest monthly cost possible; that Senate Finance Committee who rep- riod, from $28 billion to $40 billion to the benefit be targeted, with lower in- resented every facet of the political $300 billion to $370 billion to $400 billion come seniors receiving the most assist- spectrum. right now. ance, with limited cost sharing and re- That they were able to execute this There are those who argue they have duced or eliminated premiums; that extraordinary achievement and not been included in the process that the benefit be comprehensive, pro- produce this bill, especially less than a has brought us to the floor of the Sen- viding coverage for every therapeutic S7948 CONGRESSIONAL RECORD — SENATE June 17, 2003 drug class and category from the make sure seniors have options, and they are receiving. This also should act generics to the most advanced innova- also so they can have the availability as an enticement or inducement to pri- tive therapies, while at the same time regardless of where they live in Amer- vate plans to participate because it providing seniors with a choice in ica. Our bill today puts no limit on provides them with the stability as plans; and that the benefit produce real drug coverage because seniors well. savings. shouldn’t be limited in their options Moreover, the new program builds off In this bill, an individual with an an- for treatment, just as they also of strict consumer protection from cur- nual income of $15,000 per year, and shouldn’t be limited in their options rent law under the Medicare+Choice drug expenditures of $7,000 per year, for coverage. The fact is, the one-size- Program that requires the adminis- would save $6,000, an 80-percent sav- fits-all approach doesn’t work when it trator to approve marketing material ings. A couple with an annual com- comes to writing prescriptions. And it and provide educational materials to bined income of $30,000 and combined certainly won’t work when it comes to help beneficiaries compare and con- drug expenses of $5,000 would save prescription drug coverage either. trast benefit options. $1,385, a 28-percent saving. The question is how to provide sen- Remember, the model we are using is All of these principles are essentially iors with choice without undermining the Federal Employees Health Benefits the ones that we developed in the the integrity of the basic tenets of the Program that serves Members of Con- tripartisan plan and even before that, Medicare Program. That was the major gress as well as Federal employees. In when, with my colleague Senator issue that confronted us in developing fact, the average age of a Federal em- WYDEN, in the legislation we intro- the tripartisan plan and certainly the ployee enrollee is 61. Choice works for duced back in 1998, after months of in- proposal that is before us today. I be- them. Yet we cannot lose sight of the tensive research and outreach and ne- lieve the answer is to allow seniors to fact that over 80 percent of current fees gotiations, we became more convinced utilize the traditional and the familiar voice strong support for the program than ever, working across the political fee-for-service delivery method. and may not want to change. They may aisle and also understanding the policy Over the years, people have come to not want to test the unproven. dynamics and what undergirds the feel comfortable with this approach That is why we believed it was crit- Medicare Program, we had to create a and with this model. There are those ical that this bill provide an equal drug universal benefit under the Medicare who have already been a part of this benefit no matter which option a sen- Program with a subsidy to help lower program, and those who will be retiring ior may select because more than 80 percent of seniors are now with the income families pay for those pre- and may want to join a fee-for-service current Medicare fee-for-service pro- miums. but at the same time be allowed access gram. Because those new retirees in Moreover, because we believe individ- to other plans that are developed by this next decade may be more accus- uals should have the same ability private insurers which may be better tomed to what would be delivered Members of Congress and Federal em- able to tailor the differences to suit the under a preferred provider network, we ployees enjoy to choose the coverage varied needs of seniors today. This ne- wanted to offer options and choices that best suits their needs, seniors cessitated a give-and-take in this legis- among the plans that seniors could se- would be able to select their coverage lation. lect without undermining the integrity from a variety of offerings by private Specifically, some have criticized of the existing Medicare Program. insurers. this plan for not having a defined ben- I know some of my colleagues would Then, as today, there are those who efit. But a defined benefit means all have preferred to offer a differential felt that any meaningful, reliable ben- benefits will look alike, which brings benefit when it came to the prescrip- efit should be a Government-run pro- us back to the one-size-fits-all ap- tion drug coverage. Depending on gram. But we also learned from the de- proach. Rather, under this legislation, which program you enrolled in, they bate last fall, when we considered var- plans have the flexibility to offer the wanted a better benefit under the pri- ious proposals across the political spec- standard benefit as prescribed in the vate plan as an incentive to partici- trum. We considered a Government-run statute or to offer a benefit that is ac- pating in the privately created model, prescription drug benefit program and tuarially equivalent to the standard known as PPO. we got various estimates from CBO option. Again, we have no certainty as to that at the minimum it would cost The guideline insures that all plans how these plans will work. We obvi- from $600 billion to more than $1 tril- will have the same $275 deductible, ously have a track record for the tradi- lion by certain estimates. That is a $3,700 in true out-of-pocket costs for tional fee-for-service program. We problem because, when we have a per- stop-loss coverage, and the total value. know how that program works. But we formance-based program that doesn’t But it allows plans to vary cost sharing don’t know how the privately delivered have any risk involved in delivering requirements between the deductible program will work in the final anal- that program, the costs go up. and stop-loss to create options that are ysis. That is something we will learn We also saw with that approach that the most appealing to the beneficiaries about as time proceeds. the program would be sunsetted after 7 in that particular region. CMS predicted, for example, that 43 years, to mask the true costs, so that In other words, with this legislation, percent of seniors would participate in seniors wouldn’t have the true benefit the value of the benefits must be the private plans. But the Congressional of that program after 7 years because same—not necessarily the benefits Budget Office estimated that only 2 we could not contain the costs with a themselves. Again, it comes back to percent would participate in the pri- Government-run program. Obviously, choice. Seniors will be able to choose. vate programs. it would affect the future liabilities They can do so secure in the knowledge What happens in the event private and the solvency of the Medicare Pro- that those plans offered by private in- prescription drug benefit delivery plans gram, which we know is going to be a surers include benchmark standards. don’t flourish in a particular region as serious problem down the road when we This bill’s requirements ensure that projected? We don’t have the tradi- have more seniors retire. the overall quality of those standards tional fee-for-service program to fall So, finally, we decided that an ap- is protected and preserved in the kind back on. What then happens? We can’t proach of that kind ultimately would of coverage that will be delivered under afford to go back to the days before the have significant restrictions. Last this proposal. Medicare Program was created and in- year’s bill, when it embraced a Govern- In order to satisfy the concerns of stituted in 1965 because those were the ment-run program, not only did it sun- those who say that offering numerous days of patchwork coverage that varied set, but it also statutorily limited the private plans may be disrupting or con- widely, if it existed at all for seniors. number of drugs a senior could pur- fusing to seniors, the bill instructs the Again, it depended on where you lived chase within a therapeutic class to just administrator for the Center for Medi- or if you had any kind of medical ac- two. care Choice to enter into 2-year con- cess or if you had health insurance, So that is why we diverged from that tracts so seniors will not have to which in many cases seniors didn’t. road of going down the path of a Gov- change plans every year if they are That is why we established the Medi- ernment-run program, so they can happy and content with the services care Program back in 1965—so that we June 17, 2003 CONGRESSIONAL RECORD — SENATE S7949 created evenness, fairness, and accessi- livered in the private market in this the basic tenets of the Medicare Pro- bility for all seniors—a platform of a newly created private plan to offer gram, undeniably, is to provide health level of care for seniors in this country more choices to seniors and to deter- care benefits to seniors and to persons regardless of where you lived in Amer- mine which structure is more attrac- with disabilities for the same price. ica, regardless of your income. That is tive for their needs. Whether you are a senior living in Ari- why we felt and strongly believed that Again, in offering this option, I be- zona or Portland, ME, you will pay for we needed to extend fairness to every- lieve—and many of us believe—that it the same part B premium. one. That was the spirit of the Medi- was also important not to undermine We need to recognize how disparities care Program in the first place. the fee-for-service programs by insti- in prescription drug benefits could lead Providing a differential or an equal tuting unproven choices. We do not to variations and instability for seniors prescription drug benefit is just one of know whether these privately created enrolled in the private plans. Just con- the many sound compromises in this systems will work in every part of the sider the case of Medicare+Choice. This legislation, but at the same time it is country. was an issue that was raised last week consistent with embracing the uni- We do not know who they will nego- during the course of the debate on the versal principles of the Medicare Pro- tiate with in that region for providers markup in the Senate Finance Com- gram. so that seniors have access to a range mittee. The premiums in some regions I know some have said we have al- of providers and specialists across the of Florida, for example, in ready created a private delivery health board which, obviously, is what the Medicare+Choice, are $16 a month option that is doomed to fail; and, that traditional fee-for-service program pro- while in Connecticut they may pay $99 it would hinder the private market so vides. So there is no way to guarantee a month. that plans will never possibly partici- that private companies will deliver Just from a basic standpoint of fair- pate in this program. services in all parts of the country. ness, do we really want to create such In fact, we have worked very closely This concern is especially acute for a system for seniors with their drug with insurance actuaries and firms those of us who represent rural States coverage? So we need to level the play- that we hope to attract so that we un- such as Maine, where no ing field. Obviously, I don’t want sen- derstand how they make business deci- Medicare+Choice programs operate. We iors in Maine to wonder why they are sions as well as how they deliver care understand there have been many prob- paying a different price for their pre- under those plans and with whom they lems for many reasons as to why the mium than their neighbors across the negotiated to develop those networks Medicare+Choice Program does not border in New Hampshire. How can we and those plans. With that knowledge, work very well in many regions of the find out if private plans are superior to we have incorporated a number of country. It works well in some but not fee-for-service if there are wild fluctua- mechanisms in this legislation before in many parts of the country. tions and disparities between plans and us today. Those mechanisms include So we learned from those lessons, and the traditional benefits? So that is why risk corridors, reinsurance and pre- we developed a fallback proposal in we have to determine, as we proceed mium stabilization accounts which are this initiative that provides security to with this program, how best to address intended to build a stable, productive current Medicare beneficiaries or fu- that issue. model that we believe will attract and ture beneficiaries that no matter where Some have said we should stipulate keep companies in the programs. That they live, we ensure that in regions the premium in this legislation in the is very important. where private plans choose not to par- statute and limit the level of variation. We think these are the types of ap- ticipate the Government will contract But according to CBO, that would re- proaches and methodologies and proce- with companies, like pharmacy benefit sult in higher costs and less efficiently dures that will attract private insurers managers, to deliver the benefit. run programs because plans would no to participate in the programs on a re- Some have criticized this option, say- longer have the incentive and the flexi- gional basis. ing it will remove incentives for plans bility to craft benefit options that are Furthermore, we are instituting new to participate in risk-bearing models. the most appealing to seniors. As we cost-sharing options such as combining This bridge is necessary to address have seen with other Government pro- the deductibles for Part A and Part B Members’ and beneficiaries’ legitimate grams—whether it is job training and services—a copayment system that fears that they could be left out of the placement services—when Congress better resembles the private sector coverage. That is important because I spells out the requirements, plans typi- today. think it is essential we have a guaran- cally provide the minimum necessary For example, under the Medicare teed, seamless Government fallback. and never aspire to a higher goal. Program, there are many copayments But the fallback we have designed in The committee unanimously adopted for preventive health care services. We this legislation is one of last resort; it an amendment Senator LINCOLN and I happen to think that is in the wrong is not the one of first resort. It will not offered that provides the Secretary of direction, that is the wrong emphasis. be triggered unless two private plans Health and Human Services the au- There are no copayments under this will not enter the market, and we limit thority to adjust governmental pay- model for preventive screening. That is the contract to 1 year because we must ments to minimize any variation that very critical. It is important to allow first do everything we can to see that may result in premiums across the re- seniors to have access to those types of private delivery systems have a chance gions due to variations for the stand- protective mechanisms that helps pre- to flourish in this program. ard coverage option under the new vent more serious illnesses down the To further entice private plans to Medicare stand-alone prescription drug road. enter the market, the administrator is benefit. We also direct the General Ac- It also provides a catastrophic cap allowed to reduce the risk that a plan counting Office to study this issue once for medical services which currently is bears to almost nothing. Again, the the program is operational to deter- not included in the Medicare Program. goal is to attract private plans into the mine if wide variations actually mate- Again, there are many upgrades and market, to work with them to manage rialize. I am confident these two ac- updated approaches to the private de- their risk, and to make it an attractive tions will provide Congress with the in- livery model that do not exist in the market to serve while, at the same formation necessary to make informed traditional fee-for-service program. time, offering seniors everywhere a decisions and will allow the Secretary Again, people will have choices in guaranteed access to care that will to take corrective actions when nec- making decisions as to whether this exist under a private delivery system essary. better works for them or whether they because access to care should not be I think this is an important issue. prefer the kinds of support and insur- segmented or guaranteed based on ZIP Obviously, this is a very new program. ance included in the Medicare Program Code. We are testing new theories, new oper- under the fee-for-service as we know it In that light, another concern the ations that basically reflect the state today. committee took action to correct last of health care today with the tech- Again, we are establishing a struc- week was the threat of large variations nologies, with the methods, with the ture that better resembles options de- in the premium across regions. One of providers, with the type of specialties S7950 CONGRESSIONAL RECORD — SENATE June 17, 2003 that exist because we want to be able Maine will qualify for one of the low- will qualify for the program’s cata- to give seniors access to a variety of income subsidy programs. That is al- strophic coverage where the Govern- choices across the spectrum, including most half of Maine’s senior and dis- ment pays 90 percent of the cost. their access to prescription drug cov- abled population. Each will receive This proposal counts toward the erage and how it can best be delivered substantial assistance each year. stop-loss coverage contributions made to seniors. Moreover, unlike the tripartisan leg- by the individual, a family member, So we want to test the innovation, islation, this bill will provide assist- Medicaid program, or the State phar- the creativity, and the marketplace as ance without an asset test to the re- macy assistance programs which will well. That is why it is so important to maining 8.5 million seniors with in- further direct help to the lowest in- allow the flexibility to be incorporated comes under 160 percent of poverty re- come seniors, those under 135 percent in this legislation, but, at the same gardless of their level of assets. Taken of poverty and those who have minimal time, if it does not work in the way we together, that is nearly half of all assets. hope or intend, we have given the Sec- Medicare beneficiaries or 43 percent of Finally, I know many across the po- retary the ability to make adjustments the population. That is an important litical aisle are concerned about in- on those premiums because it is abso- issue. That is a departure from the cluding employer contributions toward lutely important that he has the au- tripartisan plan last year because we the computation of the $4,500 cap. They thority to do so. That is why we in- did have another type of asset test that point to the concern that some seniors cluded this in the legislation. prevented 40 percent of low-income will lose their employer health care We will also study the issue to deter- seniors from receiving coverage. It was coverage because this bill doesn’t mine what other actions in the future a concern to all of us including that count employer contributions toward must be taken to ensure those kinds of asset test, but we were trying to in- that catastrophic cap and that accord- wide variations and fluctuations do not clude a program under the $370 billion ing to the Congressional Budget Of- occur. window that we had for financing this fice—again we had to use those deter- Finally, I want to turn to the last program. This year we used a more minations in order to design the type part of my discussion, which is the consistent methodology and programs of program we could include in this leg- issue of the low-income subsidies, that are already familiar to seniors islation within the $400 billion—33 per- which I think is a remarkable aspect of across the country. It is fairer. We cent of seniors had employer-sponsored this legislation. have basically eliminated the asset coverage in 2002. They estimate that We have improved on the tripartisan test for those individuals and couples approximately 37 percent of this 33 per- plan. We learned a lot in our efforts, in under 160 percent of poverty level. cent population will lose their cov- our initiatives, over the last 2 years in We learned from discussions over the erage by 2013. That is approximately 4 terms of what is essential to establish last 2 years that a great deal of con- million Medicare beneficiaries. a strong, low-income subsidy for our cern existed that we were excluding a Obviously, this is troubling. But it is seniors under the Medicare program. large number of people with very low important to note that the Congres- First of all, we raised the eligibility income who, because of their assets to- sional Budget Office could not really criteria to 160 percent of poverty— taling more than $4,000 for an indi- estimate how much of this loss would which is $14,368 for an individual and vidual or $6,000 for a couple, would not be attributable to passage of this legis- $19,360 for a couple—from 150 percent of be eligible for the subsidy. We removed lation. That is because employers are poverty which we included in the that asset test and, therefore, now we already dropping health care coverage tripartisan bill last year, and we used have 17.5 million seniors who will be el- for their former employees at an the eligibility criteria under the exist- igible for low-income assistance. At alarming rate. As we have seen from so ing Medicare low-income assistance the same time we ensure those under many of the estimates that have been programs to create a seamless and sim- 160 percent of poverty will never be submitted to the committee, from 1999 ple process to target the most help subject to a gap in coverage where they to 2001, 7 percent of employers dropped retiree coverage. And from what we with premiums, deductibles, and copay- would be responsible for 100 percent of can determine, that trend is worsening, ments to those nearly 9 million seniors the cost. All of us would have preferred not improving. to eliminate that gap in coverage. But with incomes below $12,123. The nearly Given the limited amount of money 6 million seniors who receive health CBO again stated it would cost, by available, I believe the most prudent care coverage from both the Medicare their estimates, somewhere in the area path may be to make adjustments to and the Medicaid program—those of $200 billion in order to accomplish encourage companies not to drop their known as dual eligibles—will continue that goal. So we have to look at what coverage but not at the expense of sen- to receive their drug coverage from the is before us as a starting point, a very iors. Obviously the priority is to make Medicare program. The States will re- strong starting point. sure we get the very best benefit pos- ceive additional assistance but this is We have to consider that nearly 88 sible for everyone in the Medicare pro- intended to allow continuity of care percent of all seniors, 35 million people gram and to do it, to the extent that and reduce confusion among the poor- of the Medicare beneficiaries, that is 35 we can, within the $400 billion pro- est and the most vulnerable. million of the 41 million Medicare gram. My home State of Maine stands as an beneficiaries, will spend under the I must tell you as it stands, this leg- example of the impact this bill will $4,500 threshold of this so-called gap in islation does include a number of pro- have on the 40 million individual Medi- coverage. That is before counting the visions that are intended to help em- care beneficiaries. For example, in 2003, supplemental coverage many have that ployers and encourage them to main- there are 19,000 seniors and disabled in- may well keep even more seniors below tain retiree health care coverage. dividuals in Maine who receive health that gap in coverage. Moreover, it may Employers can participate in this care benefits from both the Medicare also be likely, as with the Federal Em- program in a number of cost-effective and the Medicaid programs, the so- ployees Benefit Program, that this bill ways. An employer can wrap their ben- called dual eligibles. An additional will tailor the benefits and offer op- efit package around the Medicare ben- 17,700 seniors qualify for the Qualified tions that don’t include a gap. We are efit which means that Medicare pays Medicare Benefit Program which not preventing private insurers or first, leaving the employer responsible serves people with incomes below 100 plans from including that gap. We pro- only for the remaining cost. An em- percent of poverty, and they will re- vide them with an actuarial equivalent ployer can also directly pay their retir- ceive the greatest level of subsidy benefit, the same value for everyone. ee’s premium under traditional Medi- under the new Medicare prescription They could come up with a variety of care instead of offering a separate plan. drug program. And 6,100 seniors are eli- plans, including eliminating that gap And finally, under the new Medicare gible for another program that serves in coverage. But for the 12 percent of advantage option, they can bid to be people with incomes below 135 percent beneficiaries who have drug costs in ex- their own plan and deliver the services of the poverty level. cess of $4,500, and more specifically the to their retirees, which allows them to In total, over 90,000 of the estimated 7 percent that spend more than $3,700 share the costs of the care with the 215,000 Medicare beneficiaries living in per year in out-of-pocket costs, they Government. June 17, 2003 CONGRESSIONAL RECORD — SENATE S7951 Finally, the Medicare Advantage pate in the program. Overall, we should Medicare, later called the Breaux Com- Program provides the flexibility to have high participation in the drug mission. Because of his work—even be- allow employers to pay for enhance- benefit program. fore our work on the tripartisan bill— ments added to the Medicare standard So this bill undoubtedly will be one I acknowledge the extra effort the Sen- benefit. I supported these provisions of the most significant pieces of legis- ator from Louisiana has brought to because I believe they are fair and ap- lation that we can pass this decade, this point. So I thank him and, for a propriate. But this issue remains a vex- and beyond. We can make history second time, I thank the Senator from ing challenge. What is the correct bal- today if we set aside our partisan dif- Maine. ance where we are not discouraging ferences. The time is right, the policies The PRESIDING OFFICER. The Sen- employers from offering coverage for are right, and a prescription drug ben- ator from Louisiana is recognized. their retirees yet not penalizing sen- efit is certainly the right thing to do Mr. BREAUX. Mr. President, let me iors who don’t have the benefit of em- for America’s seniors. Passing this leg- first express my appreciation for the ployer-sponsored coverage? That really islation will be a tangible verification very kind remarks of the chairman of is the problem. Any changes we make of society’s commitment to providing the Senate Finance Committee. I think to offer incentives and encourage com- for those who have walked the path be- it is only appropriate to acknowledge panies to continue their retiree cov- fore us. that had it not been for his persever- erage places seniors who don’t have We can win this, Mr. President. We ance and determination, we would not this type of coverage at a financial dis- have tried before and failed. But I be here today. He set a very tough advantage. Obviously, that is not con- think the time has come for us to do timeline on the Senate for considering sistent with the tenets of the Medicare what is right for America’s seniors. Let this bill. He took it through the appro- Program. us help them, help the Medicare Pro- priate hearing channels in the Senate I want to continue to work with the gram to travel this last mile, and bring Finance Committee to bring it to this chairman, who has indicated his inter- the Medicare Program into the 21st point. We had extensive staff briefings est, to explore various ways to address century. and discussions among Republican staff the issue, along with Senator BAUCUS, I yield the floor. and Democratic staff. We had a markup because it is an issue we want to ex- The PRESIDING OFFICER (Mr. that many people said was really very plore further so that we do not add to ENZI). The Senator from Iowa is recog- pleasant. We had differences of opinion, the costs of the program because em- nized. but everybody had an opportunity to ployers dropped retiree coverage. Mr. GRASSLEY. Mr. President, I be heard. I credit creating that atmos- In the final analysis, there will al- thank the Senator from Maine for her phere to the leadership of the Senator ways be those who will question if this very fine statement. More important, a from Iowa. We have had situations dur- is the best policy. Others will be con- thank-you to her is warranted because ing the year—the tax bill is one of cerned about the prudence of commit- of the long hours of work she has put them—where we did not follow that ting the Government to such large fu- into this subject of Medicare and pre- process. As a result, perhaps the prod- ture expenditures. I, for one, am con- scription drugs. The strengthening and uct was not as good as it should have fident we have struck the correct bal- improvement of Medicare and a pre- been. ance. The average senior will realize scription drug program has been some- In this case, I think the Senate Fi- $1,200 in annual savings, and the lowest thing the Senator from Maine has nance Committee, in particular, rose to income will see even more assistance. I worked on for a long time. So I not the challenge, and under the leadership realize this proposal will not help every only compliment her on her statement of both Senator GRASSLEY and our col- senior in the same manner. But that is today, but I thank her for the work she league MAX BAUCUS on our side, we also because seniors have wide vari- has done in putting together the prod- were able to create a cohesive group of ations in drug costs. uct that is before us. Even more so men and women who were dedicated to What I do know is that the lowest in- than the product that is before us, I ac- producing a product in a bipartisan comes and those with the highest drug knowledge the work she was part of fashion. That is exactly what happened costs will realize substantial savings. during the years 2001 and 2002 as part of with a 16–5 vote on a Medicare reform During a time of growing deficits, this the tripartisan group of Senators, in- and prescription drug bill, which would proposal is the best policy to meet the cluding Senators BREAUX, JEFFORDS, not have been possible had it not been needs of this population as represented HATCH, Senator SNOWE, and this Sen- for his strong leadership. by the Congressional Budget Office es- ator from Iowa, because it was the To the Senator from Maine, I offer timates. This is an important issue be- months of work during the spring of my congratulations for her involve- cause, again, it is getting back to the 2001 through the summer of 2001, and ment, dedication, and her willingness fairness and balance in the legislation then picking up again in the spring of to step outside the traditional bound- and who will participate. 2002, until we brought a bill to the floor aries and take some chances politi- The Congressional Budget Office esti- 1 year ago now to discuss. The success cally, as well as substantively, in order mates that over three-fourths of Medi- of that work then laid the foundation to help produce a product which, in the care-eligible beneficiaries will enroll. for what we can do right now. That in- end, ultimately will be something of That is an important projection for the volved hours and hours of work for in- which we can all be very proud. future well-being of the Medicare Pro- dividual Members of the Senate, and I think all of us realize the time has gram because you are going to have a more work yet for the staffs of each of come that it is necessary for us to step blend in the participation that can also those Members. So I thank her for put- out of the traditional boundaries that provide the very best benefit to those ting in the time in 2001 and 2002, which may put us at risk with some constitu- who want to enroll in the program. But did not yield a successful product at ents we all represent in order to you can have a blend in the regions that point but very much made it pos- produce a better product for those very that are developed under the new Medi- sible for us early in the year 2003 to be constituents who may say don’t go care Advantage option between urban before the Senate. Again, I thank the there; but for those who had the cour- and rural of those who are healthy and Senator from Maine for that age to go there, we now have a product those who are sicker. I think those foundational work. of which we can justifiably be proud. types of blends will be a marked depar- I think the next speaker will be the The Senator from Maine has been a ture from the Medicare+Choice pro- Senator from Louisiana, Senator major player in all of these efforts. We gram. BREAUX. While the Senator from Maine appreciate that very much. We create much larger regions. There and I might be able to say we were part Mr. President, let me take some will be approximately 10 regions in the of the foundation of the bill that is be- time, from my perspective, to try to country. It is estimated by the director fore us, Senator BREAUX was in the present where we are with regard to of the CMS that we could possibly have trenches digging the footing for that the Medicare reform and prescription from six to eight plans participating in foundation years before we got in- drug bill. It was in 1965—38 years ago each region in the country, giving a volved, because he was a member of now—that the Congress of the United breadth of choices to those who partici- what was called the Commission on States did something that had never S7952 CONGRESSIONAL RECORD — SENATE June 17, 2003 been done. The Congress and President With what we have before us, we can do in health care, and that is preven- Lyndon Johnson at that time made a create a 21st century program which tive medicine. fundamental decision that older Amer- takes the best in science and the best We talk about how high health costs icans were going to receive health care in medical care and puts it into a qual- are in this country today, and one of benefits, and that the Federal Govern- ity delivery system. the principal reasons is because people ment had an obligation to help provide It is interesting to note when I talk generally do not go to the doctor until those benefits. As a result of that com- about why the current system is defi- they are sick. In reality, they ought to mitment, the 1965 Medicare Act was cient, one of the most important issues be going to the doctor when they are adopted. I bring to mind is the fact that the well to find out what they should be Ever since then, for 38 years, seniors Medicare Program today only covers doing in terms of preventive care to knew when they reached the age of 65, about 47 percent of an average senior make sure that whatever they are they would have access to a Govern- citizen’s health care costs they experi- prone to have later in life is pushed ment-run health care program. That ence every year. That means 53 percent back as far as possible or perhaps even health care program was principally is covered by the Federal Government, eliminated. Preventive care can do designed to do what medical science but it also means 47 percent is not cov- that, but the Medicare Program does said was necessary back in 1965. It pro- ered. little, if any, preventive care, and it vided hospital insurance coverage for Where do seniors go for the 47 per- should not be like that. seniors who went to the hospital, and it cent of their health needs that are not In fact, private health care systems provided doctor coverage for seniors covered in this 1965 model program? If work very hard to create preventive who had to see a doctor. they are poor enough, they also get health care measures to keep the cost In 1965, those were the two funda- Medicaid, or if they look for help from of health care down, to get people to mental ways in which people received their children or their grandchildren, live healthier lives now so their health health care in the United States. You that makes up part of the difference. care costs later are less or perhaps went to see your doctor and, if you Or if they are fortunate enough to have even eliminated. Medicare does not do were sick enough, the doctor put you enough funds, they can buy extra in- that. in the hospital. So for the very first surance, called the Medigap Insurance The one thing Medicare does not do time we said to senior citizens, 65 or Program, to cover the 47 percent of very well is to bring about innovation. older, when you reach that age, you are their health care costs Medicare does We have to have an act of Congress to going to be part of a Government-run not cover. do many functions that the private sec- insurance program on your behalf. No one I can think of in the private tor can do automatically. The Medi- For a long period of time it was a sector—certainly including Members of care Program requires an act of Con- state of the art, as far as health care Congress—has a health insurance pro- gress, as I have cited many times be- was concerned, with regard to our Na- gram that does not cover 47 percent of fore, to try to bring about new innova- tion’s seniors. It has really worked. It their health expenses. No one would tive ways of delivering medicine. has sort of been the envy of many parts want to go out and buy a health insur- We actually had people come to our of the world because many countries ance program that did not cover on av- office and say: We need an act of Con- did not have the quality health care we erage 47 percent of their needs. It gress because we now have a medicine had for our Nation’s seniors. That, as I would be a terrible buy. You want that can be orally administered instead say, was back in 1965, and today is something that covers as much as pos- of intravenously injected, but Medicare today. sible, and Medicare does not do that. does not pay for it unless it is intra- While health care has changed dra- People are forced to buy the extra in- venously injected. So we need an act of matically, while science has improved surance or become so poor that they Congress to allow Medicare to pay for incredibly so, the program that was de- qualify for the Medicaid Program or something that can be orally adminis- signed in 1965 is still pretty much the have their children or grandchildren or tered in the form of a tablet. That is same program that seniors look to in perhaps just their friends help them not how medicine should work in the order to receive their health care. with their Medicare costs that the pro- 21st century. It has been a good program, but it is gram does not pick up. We have before us a medical program not nearly as good as it should be nor In addition, one of the most impor- for our Nation’s seniors that was state nearly as good as we can make it. That tant fundamental advances in health of the art in 1965. It has been a wonder- is why we are here today: To create a care is the advent of the prescription ful program. It has been a program better program, to build on what was drug program that has saved lives and that has saved lives and a program the best in 1965, to create the best in allowed people to live better lives. The that has made people’s lives much bet- the year 2003. correct and proper use of pharma- ter, but it is a program that is frozen in Medical science has advanced dra- ceuticals today can keep people out of the 1960s. matically. The health care delivery hospitals or it can make their hospital We have today the opportunity to system that brings about that health stay shorter. It can treat diseases that create a modern 21st century health care for our seniors has not advanced are prevalent today and make our lives care delivery program that looks out very much at all. It is still what I call better and our families more com- over the country and decides what is frozen in the 1960s. fortable. Yet pharmaceuticals are not the best way of delivering health care; Some have argued: All you have to do even covered by Medicare unless you how can we make it work better. That is put more money into the program happen to be in the hospital and physi- is the proposal before us. and it will work fine. I suggest just cians give you the pharmaceuticals in When I had the great privilege of putting more money into a 1965 model the hospital. Once you leave the hos- chairing the Medicare Commission in program is like putting more gasoline pital, the Medicare Program does not 1998, we had numerous witnesses give in a 1965 model automobile. It is going cover the pharmaceuticals. us their suggestions. We had the time to still run like an old car no matter It is a perverse incentive to stay in to listen to the theory about what we how much gas you put into it. the hospital longer so you get your ought to do with the Medicare Pro- No matter how much money we put drugs paid for, when really you ought gram. To a large extent, the groups into the Medicare Program that was to use drugs to get out of the hospital that came before the commission fell built in 1965, it is still going to run and sooner or to not have to go there at all. into two different groups. The first operate as a 1965 model. Today, in this The Medicare Program is full of defi- group said: The Federal Government body, and this period of time before the ciencies. It does not cover eyeglasses. should do everything in this area, the Fourth of July, hopefully we will have It does not cover pharmaceuticals. It Federal Government should run the an opportunity to do something that is does not cover many of the preventive program from top to bottom, and the as important as what was done in 1965 health care measures we should cover. private sector should not be involved when the Congress made that funda- In addition, the Medicare Program does at all because we cannot trust the pri- mental decision to provide health care not do something that today is one of vate sector, which has a profit motive for seniors. the most important functions we can as their main goal, to be involved in June 17, 2003 CONGRESSIONAL RECORD — SENATE S7953 delivering health care to our Nation’s Federal Medicare Program to their they would also be able to stay in the seniors. That camp, therefore, said the drugstore, or to wherever they happen traditional Medicare Program and get Federal Government should do every- to purchase their pharmaceutical prescription drugs because we would thing. drugs, and get a basic discount which is establish a stand-alone drug program On the other hand, a second group of estimated to be somewhere around 20 for everybody who stays in traditional folks who came before the committee or 25 percent on the drugs that they Medicare. took the position: The Federal Govern- have to pay for that have been pre- That stand-alone drug program ment should not do anything in deliv- scribed to them by their medical doc- would not be a Government-run and ering health care. We should turn the tor. That would be available to all Government-micromanaged plan. For entire program over to the private sec- Medicare beneficiaries starting in Jan- the first time, it would use a private tor, and the private sector ought to run uary. delivery system for seniors to be able the program, deliver the health care Also, starting in January there will to receive pharmaceuticals they would benefits, because they can bring about be a special assistance to low-income receive as a Medicare beneficiary. Just competition, they can bring about in- beneficiaries who would receive ap- like I get my pharmaceuticals covered novation, and the Federal Government proximately a $600 subsidy in addition under my Government health plan, cannot do that. So the Federal Govern- to the discount card. So we are saying seniors would have a private delivery ment should not be involved at all. all beneficiaries would get the discount system. This is not turning the seniors We had a fundamental difference be- card. They could go to the drugstore, over to the mercy of the private sector. tween the two camps that said the Fed- get their pharmaceuticals filled, but if This is still a Government-regulated eral Government should do everything they are a low-income beneficiary they program in the sense that the Medicare and those who said the Federal Govern- would also receive an additional sub- officials and HHS would be responsible ment should do nothing at all. The sidy of approximately $600. for making sure this stand-alone drug beauty of what we have today is that It is really interesting to note, when program for seniors is run properly; we attempt to combine the best of we talk about drugs for seniors—and that the companies that are offering what the Federal Government can do the fact is that most seniors on aver- the plans have the financial ability to with the best of what the private sec- age have approximately a little over offer those drugs. They would utilize what we call phar- tor can do into a single delivery system $2,000 a year in prescription drug costs. macy benefit managers to construct and present that to our Nation’s sen- It is projected to go up to a little over programs. Insurance companies would iors as a vast improvement. $3,000 by the year 2006 when the big come in and offer the seniors a pharma- For me, it was never an either/or program kicks in. That is what the av- ceutical stand-alone drug plan. The choice. It was never let the Federal erage senior has to pay for drugs. Many companies would utilize the pharmacy Government do everything or require of them currently are low-income sen- benefit managers to try to get the best them to do nothing at all, but, rather, iors and Medicaid pays for all of those possible deal they could get from the to bring the two sides together. I think drugs, or many of them have bought pharmaceutical manufacturers. They by doing what we did is why today we Medigap insurance which covers those could utilize formularies; they could see so much bipartisan support for this drugs. Many of them, like my father, utilize a blend where it is possible to concept. have a drug plan from a former em- choose between brand name and ge- There were many of my Republican ployer, so they cover their drugs. neric drugs. They would be able to get colleagues who had a preference for let- A substantial number of seniors right the best possible financial deal that ting the private sector do it all and now have some coverage for prescrip- they could offer to the seniors in a many of my Democratic colleagues tion drugs, but it is not under the drug program. said, no, the Federal Government Medicare Program. It is by buying Like I said, it would combine the should do it. But when we have com- extra private insurance, it is by being best of what Government can do, which bined the best of what both can do, we fortunate enough to have a plan from would be to make sure it is being run have created a system whereby I think their former employer that pays for properly, with the best the private sec- we will have bipartisan support with a their drugs, or many of them receive it tor could do, which is bring about com- very large number of Members being from the Medicaid Program if they are petition and tough negotiation with able to vote for this on final passage. a low-income beneficiary. That is cer- the pharmaceutical companies and That in itself is a great victory. tainly not good enough. Medicare manufacturers in order to present to Many people thought it would never should cover it. the senior the best possible product. be possible. Had we taken the position So immediately starting in 2004 The Federal Government would still be of one or the other, it probably would through 2006, under our plan, every involved in overseeing it but not have been a very divided vote. On the Medicare beneficiary would get the micromanaging it. other hand, by combining the best of basic discount card, plus low-income For the first time they will also have what both sides could do, we have, in beneficiaries would get extra assist- another option they do not have now. fact, created a better system, both ance. Beginning in 2006, every senior could from a fundamental standpoint of good Beginning in the year 2006—and I stay in traditional Medicare just like government, and we have also created know my distinguished Democratic it is, but at their choice they would a political proposition with which both leader was talking about that is a long also have an opportunity to go into a sides can feel comfortable. time, and 24 months is a long period of new program called Medicare Advan- What we have attempted to do—and I time, but we have to do it right. We tage. Medicare Advantage would, in tried to take hundreds of pages of legis- have to set this new program up on a fact, be a combination Federal/private lative language and put it all on one national basis. Beginning in the year sector program which would deliver to chart which in itself is a pretty dif- 2006, every Medicare recipient would be every Medicare recipient who wants to ficult job—but what we have done, as able to stay right where they are today join an integrated health plan, which my chart indicates, is to say that the if they like their current Medicare Pro- would provide them hospital coverage, beneficiary, of course, being our older gram. doctor coverage, and prescription drug Americans eligible for Medicare, start- I have given some of the good things coverage. They would also utilize the ing in January, because we cannot get it has done, and I have also tried to private sector delivery system for all this thing started overnight, every point out where it is deficient. There of those areas, not just the drugs that Medicare beneficiary will be able to get are a lot of deficiencies. If a senior is they would get under traditional Medi- some help and assistance on their pre- happy with the traditional Medicare care. scription drugs under the current pro- Program, they can stay right in the To a great extent, their plan would gram; every beneficiary will start with traditional fee-for-service program be based on what we have as Federal a basic discount card available to all that we call the Medicare Program. employees under the Federal Employ- Medicare beneficiaries where they will They can stay in this program as long ees Health Benefits Plan, where the be able to take that medical bene- as they would like it. And, yes, for the Federal Government, through the Of- ficiary card that is a product of the first time beginning in that year 2006, fice of Personnel Management, sets up S7954 CONGRESSIONAL RECORD — SENATE June 17, 2003 a benefit plan for all of us in that plan choice outside the preferred provider first step in 38 years that we have had and the Federal Government would set system. the opportunity to take, which will the standards as to what has to be met, I want to address the point some bring to our Nation’s seniors a better what has to be provided, and then pri- made: we have tried this experiment program we can always work to im- vate insurance companies would come with health maintenance organiza- prove as time guess on. in and offer that coverage like they do tions, HMOs, and they have not I yield the floor and suggest the ab- for all of us as Federal employees. worked. One of the reasons they have sence of a quorum. Every year we would get a book, and not worked is the way Congress con- The PRESIDING OFFICER. The the book shows us what is available, structed them and the way we reim- clerk will call the roll. and we have to pick and choose. We bursed them has not been very good at The legislative clerk proceeded to pick the plan that is best for ourselves all, causing a lot to move out. Some call the roll. and our families. That is, in essence, HMOs are doing well in some areas and Mr. BREAUX. I ask unanimous con- what we are talking about in the new some HMOs have gone bust in other sent that the order for the quorum call Medicare Advantage. Preferred pro- counties. be rescinded. vider organizations such as those in What we are talking about is not The PRESIDING OFFICER. Without the Federal system would come in and doing this new system on a county-by- objection, it is so ordered. offer different plans and different op- county basis. That was one of the big Mr. BREAUX. I ask unanimous con- tions to our Nation’s seniors. problems why HMOs did not work. sent the time during this quorum call We want to have some standards but What this bill does is create 10 geo- be equally charged. we also want to have enough variations graphic regions in the country. The The PRESIDING OFFICER. Without so people have a choice to pick the plan preferred providers will come in and objection, it is so ordered. best for them. offer their services in a region. By cre- Mr. BREAUX. I suggest the absence Our drug plan has a $275 deductible, a ating a region, you create not just a of a quorum. 50 percent copayment, and an approxi- rural area—whether it is Wyoming, The PRESIDING OFFICER. The mately $35 premium. I happen to be- Montana, or North or South Dakota, clerk will call the roll. lieve some variation is important in where a lot of our colleagues have ex- The legislative clerk proceeded to order for people to have a choice. Some pressed concern this would not work— call the roll. plans may offer a higher deductible or we have created geographic regions in Mr. GRASSLEY. Mr. President, I ask should be able to offer that. We are the country that will combine more unanimous consent that the order for working ultimately on trying to make urban areas with more rural areas so the quorum call be rescinded. sure there is some flexibility yet also you get a better blend, a better mix. The PRESIDING OFFICER. Without some definitiveness about what, in They will be required to provide those objection, it is so ordered. fact, it is going to cost. That is impor- services in the entire geographic re- Mr. GRASSLEY. Mr. President, I am tant. We have achieved that appro- gion, which gives people who provide happy we are here today on what I priate and proper balance. these services a better opportunity to think is the first day of maybe 2 weeks Beginning in 2006, seniors will have try and make sure it will work. In of work in the Senate to pass a bill choices of staying in traditional Medi- rural counties, they all pulled out be- many Members thought would pass last care if they want. No one will force cause there were not enough people to summer but got tied up in some elec- them into picking anything else. make it work. We have created 10 geo- tion year political maneuvering in the Younger seniors, people not quite 65, graphic regions around the country to Senate and did not happen. moving into the new program will be make it much more likely this new We have an opportunity this year— used to utilizing the new delivery sys- system will, in fact, work and work because this bill has broad bipartisan tem and will be comfortable with it. very well. support based on the vote of 15–6 out of AARP, which represents the largest There will be a lot more debate and a our committee, such a vote gives an number of senior citizens in this coun- lot more amendments. Our colleagues opportunity to bring this issue to fru- try, has taken polls of their members in the other body are also moving for- ition—to present a bill to the President and has found men and women between ward with this type of legislation of the United States yet this summer. 55 and 65 years of age prefer these op- today and for the next couple of weeks. Last Thursday, the Finance Com- tions and choices and feel comfortable I am ultimately comfortable that we mittee did report out a breakthrough with preferred provider organizations will, in fact, be able to pass a program bill that would make prescription drug which more and more citizens in this in this Congress and hopefully com- coverage a reality for 40 million Medi- country are in. plete it before the 4th of July recess care beneficiaries. The committee ap- Preferred providers are just that: a that will create a new Medicare Pro- proval was of a sweeping package of selection of preferred doctors and hos- gram for our Nation’s seniors which new comprehensive prescription drug pitals that can deliver these services. If will provide prescription drugs but also benefits and other program improve- you want to go outside of that system, will provide a better delivery system, ments that makes very good sense but you can go outside of that system, but one that is balanced, one that com- also keeps good our commitment to it may cost you a little bit more. bines the best of what government can our seniors. By creating these preferred provider do with the best of what the private Since 1965, seniors have had drug in- organizations you can negotiate finan- sector can do. We have accomplished surance without prescription drugs. We cial deals with them that help reduce that. have had health insurance without pre- costs and help reduce prices. There are Can this be improved? Of course. scription drugs. By passing our bill last a lot of people in the country that There is nothing we do that cannot be Thursday, the Finance Committee want us to reduce prices, reduce costs, improved. We are restricted to some made history and came one step closer but don’t want us to do anything to degree by the fact we do not have as to changing the fact that prescription bring about lower costs and better much money as I think is truly needed drugs were never a part of the Medicare prices. They say they want cheaper and necessary in order to create a pro- Program unless they were adminis- drugs but do not want restrictions on gram that is one that is even better tered in a hospital situation. how much and what type and where than the one I have described. The How did we get to the point we are they can get them. We cannot do both. facts are, we have $400 billion in the today, where it looks as if we have The same with doctors and hospitals. budget. If we had $500 or $600 billion or broad bipartisan support for this legis- If you try to reduce prices, you have even $800 billion we could create a pro- lation? This important breakthrough to get doctors and hospitals to nego- gram that is much better than the one came because of the tireless work of tiate the best price. By doing that, you we have created. But there will be time our committee members, both Demo- may restrict to some degree where you to improve. We will have the oppor- crat and Republican, that has been might go to get those medical services. tunity to make this an even better pro- going on over the last 5 years, going You can always go outside the system, gram in the future. Obviously, we have back to the time when Senator but you may have to pay more for that to take the first step. This is truly the BREAUX, who just spoke and deserves a June 17, 2003 CONGRESSIONAL RECORD — SENATE S7955 lot of credit for bringing us this far— tell me about those with which they iors. Consistent with a policy of tar- and also Senator FRIST—led the way on are happy as well. Sometimes we tend geted policymaking, we have worked prescription drugs before any of us more toward the negative than the hard to keep existing sources of pre- were paying much attention or even positive. I think there is a lot about scription drug coverage viable. Our listening. Then Senators SNOWE, this legislation—most of this legisla- goal, ever since we started on the HATCH, and JEFFORDS carried the torch tion—that is very positive. tripartisan proposal 2 years ago, was for 2 years, working with Senator I pledge to work with all Senators in not to replace private dollars with pub- BREAUX and this Senator from Iowa on the days ahead to address concerns lic dollars. This bill accomplishes that what we called then the tripartisan people have in the underlying bill. But by keeping Medicare State pharmacy bill. It is tripartisan instead of bipar- I will keep my eyes on that larger assistance programs and retiree health tisan because Senator JEFFORDS offi- prize, the promise we have expressed in benefits strong. Surely any change of cially, even though he sits with the so many elections, both Republican this magnitude will have some ripple Democrats, considers himself not a and Democrat, to modernize and effect on other sources of coverage. member of that party but an inde- strengthen Medicare, to move Medicare Regarding company-based benefits, pendent Member of the Senate. into the practice of medicine of the our bill gives employers more flexi- The tripartisan effort, of which I was 21st century. One of the major steps in bility than ever to participate fully in a part, was something on which I was that move to improve Medicare is pro- the new drug benefit. proud to work but, more importantly, viding a prescription drug benefit. We all know about the pressures em- not just as an end in itself but, in hind- If we were writing a Medicare bill for ployers face in maintaining health care sight, now I can say it set the stage, the first time and we were doing that coverage under mounting cost pres- the foundation work, for where we are in the year 2003, it would not be like sures. Decisions about scaling back today on a bill that is even better than 1965 when prescription drugs were only coverage or even a company dropping the tripartisan bill. 1 percent of the cost of medicine. it altogether are bound to be made re- How do you get this far? The break- Today it is a much larger part of the gardless of whether we pass this bill. In through came because of the Presi- cost of medicine and is part of keeping the days ahead, we will work to en- dent’s unyielding commitment to get- people out of hospitals. Obviously, we courage employer participation in the ting something done for seniors once would write prescription drugs in that new drug benefit. But I am confident and for all. It takes more than just the 2003 brandnew Medicare bill if we were the balanced policy before us is a good Senate, it takes more than just the writing a brand-new bill. place to start. Senate and the House, it takes the I am keeping my eye on that larger I would like to speak about our fee- President—all three—to bring legisla- prize. That prize is passage of a com- for-service improvements in this bill tion to what we call law. prehensive prescription drug benefit designated as S. 1. This budget that the President put that will give immediate assistance, There is a very important aspect of forth put real money on the table for starting next January, 2004, and con- this bill. It is called the Medicare Im- prescription drugs—$400 billion over 10 tinuing as a permanent part of Medi- provement Act for a reason. Beyond years. So the Finance Committee wast- care, to every citizen in America. If I just prescription drugs, our bill is a ed no time in taking advantage of that were to generalize about a prescription milestone accomplishment for improv- $400 billion that was in the budget for drug benefit: First, it is voluntary. ing traditional Medicare, especially a specific proposal of prescription People don’t have to buy into it if they Medicare being delivered to rural drugs and reporting out this good bill. don’t want. It is very comprehensive America. I am glad about that; otherwise, we and it is universal. Included in our bill is the best rural would not be here—without this budget The bill before us puts that prize in improvement and Medicare equity leeway. our path. The Prescription Drug and package that the Senate has ever seen. The bill we passed out of committee Medicare Improvement Act brings I insisted on including it in the com- last Thursday night is a balanced, bi- Medicare, then, into the 21st century. mittee mark because the most impor- partisan product that flowed from good The bill provides affordable prescrip- tant Medicare reforms involved fixing faith, from fair dealing, and from a tion drug coverage on a voluntary basis outdated and bureaucratic formulas commitment to consensus across party to every senior in America. The cov- that penalize rural States. This pack- lines. So it is my hope that this same erage is stable. It is predictable. It is age passed the Senate 86 to 12 last spirit will prevail on the floor of the secure. Most important, the value of month on the jobs and growth package. Senate during the debate on this bill. I the coverage does not vary based on But it was tabled in conference be- have no reason to believe it will not. I where you live and whether you have tween the House and the Senate. believe the debate in our committee, decided to join a private health plan. I hope that vote is very strongly re- by both Republicans and Democrats, For Iowans and others in rural Amer- garded today by the Senate so that we was just the type of debate you ought ica who have too often been left behind don’t even have to deal with this dis- to have but do not often see in commit- by most Medicare private health plans, cussion on the floor of the Senate as we tees, particularly on very sweeping leg- this is an important accomplishment did then on the tax bill. islation, which is what this bill hap- that I insisted be in our bill when de- Because this rural health package, or pens to be. livered to the Senate floor. Medicare equity package—whatever I intend to do everything I can to en- Overall, we rely on the best of the you want to call it—was dropped in sure a safe and successful passing of private sector to deliver drug coverage, conference, the President wrote a let- this legislation. To do that, I intend to supported by the best of the public sec- ter shortly thereafter endorsing these work hard to keep the climate on the tor to secure consumer protections and same provisions. I am pleased to in- Senate floor as reasonable and most important patient rights. This com- clude them here today with his sup- certainly bipartisan as it was in our Fi- bination of public and private re- port. nance Committee through the course of sources is what stabilizes the benefit At this point, I ask unanimous con- last Thursday. and helps keep the costs down. sent to have printed in the RECORD the Of course, legislation of this size and Keeping costs down is essential be- President’s letter. scope does not make everybody happy. cause what I hear from the seniors in There being no objection, the mate- You cannot expect that it would. This Iowa is not about a specific program, it rial was ordered to be printed in the bill cannot and will not be all things to is: Why are prescription drug costs so RECORD, as follows: all people. I expect to hear from many high? To them, so unreasonable. Keep- THE WHITE HOUSE, Senators about provisions, whether ing drug costs down is essential, not Washington, May 22, 2003. they be large provisions or smaller, just for seniors but for the program as Senator CHARLES GRASSLEY, less significant provisions in the bill, Committee on Finance, a whole. U.S. Senate, Washington, DC. with which Members might not be Across this bill we have targeted our DEAR CHAIRMAN GRASSLEY: I want to con- happy. Of course, in the process of leg- resources very carefully, giving addi- gratulate you on Senate passage of the jobs islating, I welcome those who want to tional help to our lowest income sen- and growth bill, and also on the passage of S7956 CONGRESSIONAL RECORD — SENATE June 17, 2003 your amendment to that bill which increased issues faced by rural hospitals, skilled nurs- cian service is the same regardless of federal assistance to rural providers through ing facilities, home health agencies, and where that doctor may live. Medicare the Medicare program. physicians. doesn’t recognize that. Our bill begins When we met in the Oval Office in early The President is well aware of his to change that. April, we discussed our concerns that rural communicating this directly to the Medicare providers need additional help, and Our bill also provides assistance to we committed to addressing their problems. people of Iowa even before I had my other rural health care providers such We agreed on the need to address issues faced discussions with the President on these as ambulance services, and home by rural hospitals, skilled nursing facilities, issues. I am glad the President is com- health agencies which millions of sen- home health agencies, and physicians. mitted to fulfilling his statement to iors in rural areas rely on every day. You demonstrated your commitment by the people of Iowa that he made last Providers in rural States such as passing your amendment last week with tre- summer. Iowa practice some of the lowest cost, mendous bipartisan support, and by pushing This rural health care safety net is highest quality medicine in the coun- hard for it in the conference negotiations on otherwise coming apart. That is why the jobs and growth bill. try. This is widely understood by re- I will support the increased Medicare fund- this rural equity issue is so important. searchers, academics, and citizens of ing for rural providers contained in your The bill before the Senate begins to those States, but it surely isn’t recog- amendment as a part of a bill that imple- mend it. The hospitals and home nized by Medicare. Medicare, instead, ments our shared goal for Medicare reform. health agencies in rural America lose rewards providers in high-cost, ineffi- Sincerely, money on every Medicare patient they cient States with bigger payments that GEORGE W. BUSH. see. Rural physicians are penalized by have the perverse effect of Mr. GRASSLEY. Mr. President, I bureaucratic formulas that reduce pay- incentivizing overutilization of serv- thought I would read at least the last ments below those of their urban coun- ices and, in the end, giving poor qual- paragraph by President George Bush. terparts for the very same service. Our ity. I will support the increased Medicare fund- bill takes historic steps toward cor- These policies are paid for, not by ing for rural providers contained in your recting geographic disparities that pe- taking resources away from the pre- amendment— nalize rural health care providers. I scription drug package or by taking Meaning the Grassley amendment— will summarize some of these. money away from those high-cost as a part of a bill that implements our On hospitals, we eliminate the dis- States but by other modifications to shared goal for Medicare reform. parity between large urban hospitals the Medicare Program that makes just What the President is talking about and small urban hospitals, as well as plain, good policy sense. in this letter is just exactly what we rural hospitals, by equalizing the inpa- These rural health care provisions have before the Senate—the same tient-based payment. The hospitals in are a fair and balanced approach to im- amendment included in this prescrip- my State and other rural areas are proving equity in rural America. My tion drug bill on rural equity that paid 1.06 percent less on every dis- colleagues on the Finance Committee— passed the Senate 86 to 12 a month ago. charge. That is a $14 million loss every a lot of them from these same rural We have the prescription drug bill year just for my State. It is time to States—recognize that. And I think on and the Medicare reform bill before us. make this change permanent. this vote we had a month ago I can say These two are married up at a point We also revised the labor share of the that the full Senate recognizes that. that the President’s letter refers to. wage index in the inpatient hospitals. I would speak last about the Medi- I want people to know that including The wage index calculation kills our care Advantage or the preferred pro- this is something I discussed with the hospitals in rural areas. They have to vider organization parts of our legisla- President on at least two occasions be- compete with larger hospitals in bigger tion. Because beyond prescription fore his May 22 letter to me. One time cities for the same small pool of nurses drugs, and beyond the issue of rural in early December when the President and physicians. But because of the in- health care, our bill goes to great asked me to come to the White House equities in the wage index, they aren’t lengths to make better benefits and to discuss early on the process for mov- able to offer the kinds of salaries and more choices available for our seniors. ing this legislation along, I had an op- benefits that attract health care work- In fact, one of the things that has been portunity to remind him at that par- ers in cities. a focal point of this legislation over ticular point about the speech he gave Our bill begins adjusting the labor- the 2 or more years we have adopted it in August 2002 in Davenport, IA, during related share downward to correct has been to give seniors the right to a political event at which he appeared these inequities. We strengthen and choose. for Congressman NUSSLE of Iowa. The improve the Critical Access Hospital Mr. President, I see that you are rap- President rightly complimented Con- Program which has been so successful ping the gavel. Can you tell me what gressman NUSSLE for leading efforts in in keeping open the doors of some of that is all about? the other body to help rural equity. I our most remote hospitals. The PRESIDING OFFICER. The Sen- reminded the President that the short I think in my State of Iowa, almost ator’s time has expired. The time until reference he gave in his otherwise long a third of our hospitals have changed 12:30 is equally divided. speech was used by Congressman to what we call ‘‘critical access hos- Mr. GRASSLEY. Could I ask, since NUSSLE in his TV ads in eastern Iowa pitals.’’ there are not other people here, maybe during last fall’s election. I wanted the Also, in this bill, we create a low-vol- for 3 more minutes? President to be reminded that all Iowa ume adjustment for those critical ac- Mr. BREAUX. Mr. President, I would heard him—not just a few Republicans cess hospitals and for other rural hos- respond, Senator DORGAN wants 15 min- at the NUSSLE campaign event in Au- pitals that aren’t able to qualify for utes, and then that is it. gust—but all Iowans heard him the Critical Access Hospital Program. Mr. GRASSLEY. I will put the rest of throughout the fall campaign with These hospital corrections are not my statement in the RECORD. parts of his speech being reproduced on partisan rhetoric. They are supported Mr. BREAUX. It may work out. How this campaign ad. by the nonpartisan Medicare Payment much time do we have, I ask the Chair? I also had an opportunity early in Advisory Commission, by the Center The PRESIDING OFFICER. Thirty- April to talk to the President when the for Medicare Systems Administrator— seven and a half minutes. President once again visited with me and he did that in a recent letter to the Mr. BREAUX. That is fine. Go ahead. about provisions of the prescription House Ways and Means Committee— Mr. GRASSLEY. Well, the Senator drug bill. He makes reference to that in and also by 31 bipartisan members of from North Dakota is here. the second paragraph of the letter. He the Senate Rural Health Caucus. Mr. BREAUX. I say to the Senator said: For doctors, our bill removes a pen- from North Dakota, the Senator wants alty which Medicare imposes on those When we met in the Oval Office in early to complete his statement. April, we discussed our concerns that rural who choose to practice in rural States. Mr. GRASSLEY. Two more minutes? Medicare providers needed additional help, Medicare adjusts payments to doctors Mr. BREAUX. Two more minutes. and we committed to addressing their prob- downward based on just where they The PRESIDING OFFICER. The Sen- lems. We agreed on the need to address live. We believe the value of the physi- ator from Iowa. June 17, 2003 CONGRESSIONAL RECORD — SENATE S7957 Mr. GRASSLEY. Mr. President, we cept we do not get the same reimburse- He said she financed it with a 5-year want to give seniors the right to ment for much of what our providers loan. I guess that is optimism. But choose in as many areas as we can. do. And the result is, some very impor- what a wonderful thing, an 89-year-old That is why I use the word ‘‘vol- tant health care facilities in smaller person buying a new car and getting a untary.’’ And that is why I use the rural States, in smaller communities, 5-year loan. phrase ‘‘the right to choose what they are struggling and having an awfully There was a story in the North Da- might consider better Medicare pro- difficult time making it because the kota papers some long while ago about grams than traditional.’’ provider reimbursement system is not a man who was 99 years old and still Our bill specifically authorizes pro- fair. farming. They had a picture of this old vider organizations to participate in I want to compliment my colleague 99-year-old codger. He was getting on Medicare. The idea is these kinds of from Iowa and others who have worked his tractor. And the article talked lightly managed care plans more close- on this. I have been pleased to work on about his son. His son was in the Army ly resemble the kinds of plans that we it some, but his leadership is very im- during the Second World War, and he choose for the Federal Government and portant in this area. That is one piece came back and decided he would work which close to 50 percent of working of this legislation to which I think we with his dad until his dad retired. The Americans have today but only 13 per- need to pay some attention. I will be son was about 74 years old, and his dad cent of the people in Medicare have pleased when the President signs a bill was 99 years old, and still farming. It that today. that includes these provisions, and so did not work out the way the son Preferred provider organizations will many of our rural health care pro- thought. The story was about this 99- have the advantage of offering the viders who have waited a long while for year-old still driving a tractor. same benefit of traditional Medicare, it. I have often mentioned my uncle who including prescription drugs, but on an Having said that, let me make a cou- is in his early eighties. I believe he is integrated, coordinated basis. This bill ple of comments about the broader 81 or 82 years old now. He discovered in creates new opportunities for chronic piece of legislation and why we are his early seventies that he was a run- disease management and access to in- here. ner. He ran faster than most people his novative new therapies. I think Medicare has been an excel- age. He started entering the Senior PPOs might not be right for every- lent program for this country. Prior to Olympics. My uncle runs the 400 and one. We are going to let seniors make the creation of the Medicare program, the 800 meter. He now has 43 gold med- that choice. Our bill sets up a playing over one-half of the senior citizens in als. He has been running in California field for preferred provider organiza- America had no health insurance cov- and Arizona and Minnesota. My aunt tions to compete for beneficiaries. We erage. They reached their retirement thinks he is about half goofy for an 80- believe PPOs can be competitive and years—having worked all their lives, in year-old. offer stronger, more enhanced benefits. most cases—and discovered that when What a wonderful thing: An 89-year- In the days ahead, I will be working they were in their sixties, seventies, old buying a car; a 99-year-old still with colleagues on both sides of the and eighties there was not a traffic jam farming; an 81-year-old running in the aisle to ensure that we set up the right of insurance agents or insurance com- 400 and the 800 races in the Senior system, one that is truly competitive panies wanting to see if they could Olympics. People are living longer. and viable for these preferred provider fully cover their health insurance That is a good thing. organizations. No senior has to choose needs once they have reached 70 and 80 However, Medicare, as it was devel- this new program. Our prevailing pol- years of age. oped in the 1960s, is basically for acute icy has been, and always will be, one What they discovered was that at care or hospital care. If you get sick, that lets seniors keep what they have that age the cost of a health insurance you go to a hospital, and they help you. if they like it with no changes. All the policy was almost prohibitive. The re- The medical model has changed dra- seniors, regardless of whether they sult, back in the early 1960s, is that matically since then and so must Medi- choose a PPO or not, can still get pre- over half of the senior citizens in our care. That is what brings us to the Sen- scription drugs. country had no health insurance cov- ate floor. We recognize that the pre- We have 2 long weeks ahead of us. My erage at all. So the Congress passed a scription drugs now available that keep commitment is to stay here until the Medicare program, which has been a re- people out of the hospital, that allow lights go out to ensure that we pass a markably successful program. them to control some of their health balanced bipartisan bill. The Medicare program has meant conditions and continue to lead produc- I thank my colleagues on the Senate that now 99 percent of America’s senior tive lives, were not available in the Finance Committee for their fine work citizens are covered under Medicare. early 1960s when Medicare was devel- to get us this far. They do not have to live with the fear oped. I yield the floor. of not having some basic health care We come to the floor with a proposal The PRESIDING OFFICER. The Sen- coverage when they reach retirement that says: Over 30 years has elapsed ator from Louisiana. age. When they reach their declining since the writing of the Medicare pro- Mr. BREAUX. Mr. President, I yield income years, Medicare is there. gram. It is now time to put a prescrip- 15 minutes to the distinguished Sen- It has been there, and will be there. tion drug benefit in the program. ator from North Dakota. It has been a remarkably successful Let me describe what that means in The PRESIDING OFFICER. The Sen- program. my State. We have 103,000 people who ator from North Dakota. Some say: But there have been fi- are on Medicare in the State of North Mr. DORGAN. Mr. President, before nancing problems with Medicare. Yes, Dakota. North Dakota is a relatively Senator GRASSLEY leaves the floor, I that is true, and they are all borne of small State in terms of its population. want to tell him that one piece of this success. By that I mean people are liv- It is large geographically, 10 times the legislation that I think is particularly ing longer and better lives. As a result size of Massachusetts in land mass, but important are the provisions dealing of that, there have been some financing it has only 645,000 people. We have with Medicare reimbursement for rural issues and some financing difficulties 103,000 on Medicare. The people who are hospitals and other rural health care with Medicare. We would not have any on the Medicare program paid payroll providers. I know he talked about how financing issues at all if we just went taxes all of their working lives, begin- this Senate has dealt with this concern back to the old life expectancy, but ning back in the mid 1960s, and that before, and we have. In fact, we had a people are living longer, better, more money is what provides the capability very strong vote on it. But at this productive lives. The result is that we of their being able to access the Medi- point, significant legislation has not continue to talk about how we finance care program. been signed into law. Medicare. Senior citizens, although they are 12 The fact is, his constituents in Iowa An example of that: My brother was percent of America’s population, con- and mine in North Dakota pay the telling me about a friend of his a while sume one-third of all the prescription same payroll tax out of our paychecks back who, at age 89, bought a new car. drugs in this country. It is probably as everybody else in the country, ex- She, at 89 years old, bought a new car. pretty obvious to anyone who has been S7958 CONGRESSIONAL RECORD — SENATE June 17, 2003 around senior citizens that they often recourse, no other alternatives. They vided that you have a safe chain of cus- take multiple prescription drugs. It is have helped 5.5 million patients in the tody. In Canada, the same medicines not unusual to talk to a senior citizen United States. But that is not a sub- that are available in the United States who takes 5 and in some cases 10, 12, or stitute for offering this legislation to are sold for a fraction of the price. more different prescription drugs every put a prescription drug benefit in the A pharmacist in Pembina, ND, is pro- day. The fact is, many of them simply Medicare program. hibited from going to Emerson, Canada cannot afford to pay for these drugs. We are going to offer some amend- 5 miles north and buying a prescription Many of them do not have prescription ments to the bill before us. I will offer drug such as Tamoxifen for a fraction drug coverage through any kind of in- an amendment or two. Some of my col- of the price. That pharmacist cannot surance plan. Because of that need, be- leagues will offer amendments in the now bring that Tamoxifen back and cause so many of them can’t afford coming week and a half with the expec- pass the savings along to a woman who their medicines, we propose giving tation that by the end of next week the has breast cancer in Pembina, ND. Medicare beneficiaries a prescription Senate will finish its work on this bill. I frankly think they should be al- drug benefit. We will have passed legislation that for lowed to do that. That is another way A woman came up to me at the end of the first time since the early 1960s, by which we can put downward pres- a town meeting in northern North Da- when Medicare was created, will sub- sure on prescription drug prices. Well, those are some of the issues we kota one day. She was perhaps in her stantially improve the capability of Medicare to maintain the good health are going to be dealing with this week. late 70s or early 80s. She grabbed me by Again, my fervent hope is at the end of senior citizens by adding a prescrip- the elbow and said: Mr. Senator, I want of this process we will, with a bipar- to talk to you a moment. My doctor tion drug benefit. There are some weaknesses in the tisan piece of legislation, get the best tells me that I must take a range of of what all have to offer in this Cham- legislation that came out of the Fi- prescription drugs to control diabetes ber. We so often see legislation come to nance Committee. My hope is we can and heart trouble. The problem is, I the floor of the Senate that has a pret- address them and improve them. The can’t afford to take them and can’t af- ty significant partisan split, and we legislation that came out of committee ford to buy them. Can you help me? often end up getting the worst of what As she began talking about it, her has a coverage gap that is pretty dif- can be provided rather than the best. eyes welled up with tears. This woman, ficult. We need to fix that. There are I hope in this legislation on the issue perhaps 80 years old, was stranded. The periods where, even though bene- of prescription drugs and Medicare we doctor said: You have serious health ficiaries will be paying premiums, their all recognize a couple of points. One, it problems, diabetes, heart trouble, and purchases of prescription drugs will not is long past time to do this. Were we to more. Here is what you have to take. be covered. Those periods are, of create the Medicare Program today, These prescription drugs will control course, first with the deductible. For there is no question but that it would your health issues. the first $275 in drug expenses there have a prescription drug benefit in it. She said: I don’t have the money. would be no coverage. And then in ad- Most of the lifesaving prescription A widow, living on a small Social Se- dition, when seniors reach $4,500 in drugs have become available since curity payment, she does not have the drug spending, their prescription drug Medicare was originally written. That capability of going in to a pharmacy coverage stops. Then catastrophic cov- is No. 1. I think we are at that point and paying the very high cost for pre- erage will kick in when their drug where virtually everybody in this scription drugs. spending reaches $5,800. During that Chamber understands we ought to do Let me say there are some things $1,300 stretch between $4,500 and $5,800 this, and we ought to do it now. that have happened we should mention. in expenses, there will be no coverage The second and most important issue I know the pharmaceutical industry at all. So senior citizens will be paying is we ought to do it right. There is a sometimes takes a look at me and premiums during those months but right way and a wrong way to do this. thinks I am always on the floor trying have no coverage for the prescription First of all, the benefit ought to be to put downward pressure on prescrip- drugs they are purchasing. That cov- reasonably simple, understandable, af- tion drug prices. That is true. It is be- erage gap needs to be fixed. fordable, and provide significant bene- cause I believe so strongly that we The legislation has no defined benefit fits to the senior citizens of the coun- need to make sure that miracle drugs or premium. We need to fix that if we try who need prescription drugs. That can provide miracles for those who can. We don’t know what kind of means simplifying this bill, trying to need them. Miracle drugs cannot pro- charges would be set by the insurance solve the coverage gap, and trying to vide miracles for those who cannot af- companies, what the actual premium put some downward pressure on prices. ford them. would be, exactly how would they de- I yield the floor. I want to say this about the industry. fine the benefits, and would they Mr. BREAUX. Mr. President, I yield First, a number of pharmaceutical in- change or differ from region to region. to the Senator from Vermont 10 min- utes. dustry companies have stepped up to I am particularly concerned that rural The PRESIDING OFFICER. The Sen- the plate since we last debated this Medicare beneficiaries, those in small- ator from Vermont is recognized for 10 subject. They offer programs to provide er States, will be charged higher pre- minutes. some free medicine to low-income pa- miums than urban beneficiaries. We Mr. JEFFORDS. Mr. President, it is tients and medicine discount cards for need to be very careful about that. I not hyperbole to start by saying that Medicare beneficiaries who don’t have hope we can address some of it in we are engaging in a truly historic drug coverage. In 2002, we are told, the amendments. Medicare debate—one that has the po- American pharmaceutical companies Reducing drug costs is another issue. tential to rival the 1965 creation of the provided free medicine to 5.5 million Having just complimented the pharma- Medicare Program. Over the next 2 patients. There are several programs of ceutical industry, let me also say I be- weeks, we will have the opportunity to this type. Pfizer, Eli Lilly, and many lieve we ought to pass the generic leg- consider and enact the most significant others have these programs. islation that will tend to put some Medicare modernization in 37 years. We We ought to recognize that is a good downward pressure on prescription have the chance to do more for the thing. We ought to say to them: Good drug expenditures. I also believe we health care and well-being of our Na- job. Frankly, that is a positive step. ought to, as do some of my colleagues tion’s elderly than has been accom- But these programs are no substitute who have worked with me, have the plished through any recent Medicare for offering a prescription drug benefit global market system work for pre- legislation. to all Medicare beneficiaries. The phar- scription drug consumers. The way the I commend Senator GRASSLEY and maceutical companies, although I have system could work, not just for Medi- Senator BAUCUS for their work in significant disagreements with them care but for all prescription drug con- bringing this measure to the Senate about pricing issues, ought to be com- sumers, is to allow those consumers to floor. mended for stepping forward and pro- purchase the identical drug put in the The Prescription Drug and Medicare viding some approaches to help those same bottle made by the same manu- Improvement Act is a landmark im- very low-income seniors who have no facturing company from Canada, pro- provement to the Medicare Program June 17, 2003 CONGRESSIONAL RECORD — SENATE S7959 and our colleagues deserve a great deal guarantee, will have the best chance of As one who has spent a tremendous of credit for reaching this bipartisan enduring into the future. amount of time myself focusing on agreement—I would say tripartisan. I believe this bill meets these four Medicare and the need for updating and This is a large and complex bill— standards. It is universal, comprehen- strengthening Medicare to cover pre- measuring over 600 pages. It is not at sive, affordable, and sustainable. scription drugs, I commend them for all unusual for a proposal of that size Could it be improved? Probably. And their desire and concern and hard work to have issues remaining and I know that is why we will debate and possibly in coming to this point. I do not be- there are some of our colleagues for amend it this week. But this approach lieve we are doing all we can do and whom these issues need to be debated is a good compromise. It offers a re- should do as a country or as a Congress and addressed. So we should not be Pol- spectable and responsible plan within for our seniors under Medicare. lyanna about the outcome. Work re- the budget limitations we face. It is a I do believe Medicare has been a mains to be done. good compromise. I support this bill great American success story since But I have been listening to our col- and urge the Members here to support 1965. I agree that it needs to be mod- leagues as they have come to the floor it as well. ernized, and not just prescription drugs to discuss this bill and I am encouraged In closing, I also thank several of our but I agree with the Secretary of by the largely positive tone of their re- other colleagues who contributed so Health and Human Services who fo- marks. I am encouraged because this much to this effort. I think again, that cuses on prevention. I commend him year I sense a cautious optimism the work of our tripartisan group from for his efforts and agree with him that among our colleagues that this Con- last year did much to pave the way to we need to modernize Medicare to gress—this year—we will be successful. today’s bill—so I thank my colleagues focus more on prevention and other op- As our colleagues know, I have been for letting me join with them in seek- tions that can streamline the system working on various efforts to mod- ing a tripartisan solution. and make it more efficient. ernize Medicare and to provide a pre- Again, I thank Senators GRASSLEY, I do not believe, however, that we scription drug relief for our elders for my friend of over 28 years. We have save dollars or create a more efficient many years. Most recently, I had the worked on this issue and many others system by turning over prescription pleasure and honor to work with sev- in the past. I think this will be one of drug coverage to private insurance eral of our colleagues on what came to our proudest achievements. companies. At the appropriate point, I Also, this bill would not have the bal- be known as the tripartisan bill. I will be offering an amendment that ance that it does without the contribu- joined with Senator GRASSLEY, Senator will give true choice to seniors by al- tions of other members including Sen- BREAUX, Senator SNOWE, and Senator lowing them to choose a private sector ators BAUCUS, DASCHLE, GRAHAM, and HATCH in a 2-year effort at drafting a option but to also be able to remain in ROCKEFELLER of the Finance Com- compromise measure that we felt could traditional Medicare and get the help mittee and of Senator KENNEDY’s ef- gain a majority of votes in the Senate. they need if that is their choice. If we It was a true pleasure working with forts to bridge the divides where they are truly talking about choice, I be- my friends in the tripartisan group and existed. lieve the choice should be with the sen- although we were not ultimately suc- As I close for today, I would like to ior. cessful last year, I am convinced that mention that the measure we are de- This really is a question of whom we much of our effort then has contrib- bating this week contains many more are designing the system for, whether uted to the bill we are debating now. significant provisions than just those we are designing it for the insurance So it is with a great deal of satisfac- related to prescription drugs. So I will companies, for the pharmaceutical tion that I am here to speak in favor of look forward to returning to the Sen- companies, or for the people who are S. 1, the Grassley-Baucus, Prescription ate floor at a later time to discuss covered under this system. I am con- Drug and Medicare Improvement Act of those provisions with our colleagues. cerned that we can do a better job for 2003. Mr. President, I yield the floor. S. 1 provides for a comprehensive, The PRESIDING OFFICER. The Sen- our seniors if, in fact, we offer them a universal and affordable prescription ator from Louisiana. true range of choices. I find it interesting at a time when I drug benefit under Medicare. It also Mr. BREAUX. I yield the remaining pioneers new arrangements with pri- time we have to the Senator from am back home in Michigan talking to vate sector-based health plans that Michigan. the big three automakers or small promise to integrate traditional med- The PRESIDING OFFICER. The Sen- businesses or others who are struggling ical care with innovations in the areas ator from Michigan is recognized for 12 with insurance premiums in the pri- of disease prevention and chronic dis- minutes. vate sector, the premiums are sky- ease management. Ms. STABENOW. Mr. President, I rocketing. The average small business The drug benefit, in particular thank my colleague from Louisiana, has seen its health insurance premiums though, meets four principles that have who I know has spent years focusing on double in the last 5 years. The auto- guided me throughout this effort. the issue of health care and Medicare makers and other manufacturers in my First, this program provides a uni- prescription drug coverage. State have seen their premiums go up versal benefit; it is available to all First, while I present an opposing 20 to 30 percent a year, forcing them to Medicare beneficiaries. While I believe view in terms of some of what is dis- freeze pay increases for employees, it is critical to provide a benefit to the cussed here, I share the commitment asking them to pay a larger share of poor and those with catastrophic costs, and desire of all of us to do what is the cost, cutting salaries or, in some all seniors, regardless of income, will right in terms of the seniors and those cases, people losing their jobs because benefit from this plan. with disabilities who are on Medicare their business cannot afford to main- Second, this program is comprehen- who have waited for too long for us to tain the skyrocketing premium in- sive. Beneficiaries will have access to come together and act as a body, along creases in the private sector. the best medicines, and will not be lim- with the President. Given that fact, I find it ironic that ited to only the cheapest ones for the I will start by commending my col- we are suggesting we would save dol- sake of saving money. leagues on both sides of the aisle who lars by going to a private for-profit in- Third, this Medicare drug benefit is have been diligently working through a surance model where, in fact, the pre- affordable—for both beneficiaries and number of issues and a number of ob- miums have been rising two or three the Government. stacles to come up with an approach times faster than those under Medi- Finally, for a drug benefit to be truly they believe is the best approach or the care; that when we look at the admin- successful it must be sustainable. It most doable approach right now before istrative cost difference, it is less will do little good to repeat the cata- the Congress. Certainly, Senator under Medicare. When we look at the strophic failure of years past by begin- GRASSLEY, Senator BAUCUS, Senator current choices we have between ning a program that we cannot carry BREAUX, Senator JEFFORDS, who just Medicare+Choice, which is Medicare on. spoke, Senator SNOWE, and many oth- HMOs, or traditional Medicare, we hear This program, which combines sen- ers have been involved in these discus- that studies have shown that to pro- iors’ contributions with a Government sions. vide the same service through the S7960 CONGRESSIONAL RECORD — SENATE June 17, 2003 HMO, on average, costs 13.2 percent health system. So we certainly are not PRESCRIPTION DRUG AND MEDI- more than if it were provided through providing what we, other Federal em- CARE IMPROVEMENT ACT OF traditional Medicare. ployees, receive for a comprehensive 2003—Continued So I question, as we have precious benefit. Mr. BENNETT. Mr. President, I ask few dollars to work with to be able to I have often heard, well, we cannot unanimous consent that for the dura- provide the services and the care for afford to do that. I feel it necessary to tion of today’s session, S. 1 be available which our seniors are asking, the wis- indicate for the record one more time for debate only, with the time until 6 dom of moving to a model that is rising why it is we are talking about a system o’clock today equally divided as under in cost faster than Medicare. I have not that is not comprehensive, will end for the previous order. seen evidence where, in fact, it will several months of the year for seniors, The PRESIDING OFFICER. The Sen- provide the kind of competition to will not provide them what they need, ator from Nevada. lower the prices, which we are all look- and is complicated and convoluted, I Mr. REID. Mr. President, it is clear ing for from the private sector at this believe, and that is because of another from this unanimous consent request time. In fact, what I am hearing from set of policies that were debated in this that we are waiting for CBO scoring on the business community is they want Congress not long ago, coupled with the Medicare bill. That, it is my under- us to partner more with them, the pub- what happened in 2001, and that is the standing, will not be in until very late lic sector and the private sector. Be- question of making a determination, a tonight. So as I understand this unani- cause we now have our global economy value judgment, that it is a bigger pri- mous consent request, if we extend the and businesses competing around the ority to provide tax cuts for the time past 6 tonight, it still will be for world and because we are the only em- wealthiest, the privileged few of our debate only on this matter; is that ployer-based health insurance system country, rather than helping the many right? among the industrialized countries, of our seniors and the disabled to be Mr. BENNETT. I say to the Senator, they find themselves at a competitive able to put money in their pockets my understanding is the same as his, disadvantage and are asking to partner through prescription drug coverage. but I am not in any position to make a with the private sector to both contain It is astounding to look at what that commitment. costs and be able to help them compete decision has done. We are told that the Mr. REID. I would advise Members I and continue to be able to provide in- 2001 tax cuts made permanent and the don’t think they can expect at 6 surance coverage. other proposals passed over the next 75 o’clock to start offering amendments. I So in light of all of these discussions years will, in fact, cost $14.2 trillion, don’t think the bill will be ready at that are going on, we look at Medicare, where the projected Medicare and So- that time. So if we do go past 6 o’clock, which is the one piece of a health sys- cial Security deficit combined—not I am confident it will be for debate tem that Congress in its wisdom back just Medicare but Medicare and Social only. in 1965, along with the President, said Security deficit—is $10 trillion. But I agree to the request at this we are going to make sure is available, This has been a conscious choice to time, that until 6 o’clock today the universal, once one is 65 or if they are make a decision to spend dollars in one time be equally divided as requested by disabled, regardless of where they live; way to help a few people in our country the Senator from Utah. if they are in the Upper Peninsula of rather than to keep the commitment of The PRESIDING OFFICER. Without Michigan, Detroit, or in Benton Har- Social Security and Medicare that we objection, it is so ordered. bor, they know they will be able to have had for many decades in our coun- Mr. REID. Mr. President, if I could, have insurance coverage, be able to try. The fact that we are talking about through the Chair, ask the Senator choose their own doctor, be able to get an inadequate benefit that ends, that from Utah if the Senator from Utah is going to speak on the bill at this time? the care they need. They know what it leaves coverage gaps of 3 or 4 months a Mr. BENNETT. That is correct. costs. They can count on it. That is the year for our seniors, the fact that we are talking about an approach that Mr. REID. I ask unanimous consent miracle. That is the reason so many does not do what they have asked us to that following his statement the rank- seniors overwhelmingly choose tradi- do, is because of decisions made to take ing member of the Budget Committee, tional Medicare rather than other pri- revenue and instead of investing it in Senator CONRAD, be recognized to vate sector options. health care for older Americans, in- speak on this legislation now before So we come to the difficult choice the Senate. now of how to provide prescription stead of investing it in strengthening Social Security for the next genera- The PRESIDING OFFICER. Is there drug coverage, and there is a difference objection? Without objection, it is so of view certainly about whether we tion, the decision was made to elimi- nate that revenue. ordered. should strengthen traditional Medicare By the way, that decision has re- The Senator from Utah. or provide incentives, encouragement, sulted this year in the highest single- Mr. BENNETT. Mr. President, we are a carrot stick—whatever one wishes to year deficit in the history of our coun- debating the substance of the bill that call it—for those to go into managed try. Unfortunately, a hole has been came from the Finance Committee care. I commend my colleagues for at- dug. I fear it will continue to be dug with respect to a prescription drug ben- tempting to find that balance in the deeper and deeper with the decisions efit for Medicare. We all recognize that middle. I believe the balance really is that will be made. providing a prescription drug benefit not struck unless we make sure that It is not too late to decide in this de- for Medicare is long overdue, some- traditional Medicare is part of that bate we will do it right—real choice, a thing that has been needed badly for a choice. real benefit—that we make decisions long period of time. I am heartened by I also am very concerned that we that are best for the majority of the the bipartisan nature of the vote that hear constantly that, in fact, we have a people we represent. They are counting came out of the Finance Committee. situation where we can only afford to on us to do this right. I am reminded of an occasion when I go a part of the way. It is my under- first came to the Senate and we began f standing, when all is said and done, we debating health care. I fell in step with are talking about providing most sen- RECESS the then-chairman of the Finance Com- iors—certainly middle-income sen- The PRESIDING OFFICER. Under mittee, Senator Moynihan from New iors—with 20 or 25 percent to help with the previous order, the hour of 12:30 York. Senator Moynihan is one whom I their drug bill over time. I do commend p.m. having arrived, the Senate will met when I was first serving in the the structure for low-income seniors, stand in recess until the hour of 2:15 Nixon administration and he was serv- but overall we know we are not pro- p.m. ing as the domestic counselor to Presi- viding a comprehensive prescription Thereupon, the Senate, at 12:30 p.m., dent Nixon. I felt close to him from drug benefit with the dollars involved. recessed until 2:15 p.m. and reassem- then on. It is half of what it would take to pro- bled when called to order by the Pre- As we walked through the door into vide the same coverage we have as Sen- siding officer (Mr. VOINOVICH). the Chamber, I said to him: Pat, do you ators through Blue Cross and Blue The PRESIDING OFFICER. The Sen- think we are finally going to get some Shield under the Federal employee ator from Utah. health care reform this year? June 17, 2003 CONGRESSIONAL RECORD — SENATE S7961 And he said: Yes, I do. In the Nixon the hospital and run up a bill of how- practiced. Even though it is a huge risk administration the President wanted it ever many tens of thousands of dollars to move in the direction this bill rep- and the Democrats in the Congress said to stay that many days, we will pay for resents, it is not as great a risk as al- no. Later on—I believe he referred to it. But if you take the pill that makes lowing the status quo to remain and the Carter administration—the Presi- the hospital visit unnecessary, we will proceed any further. Medicare needs to dent wanted it and Republicans in the not. That clearly doesn’t make sense. be brought up to date. This is by no Congress said no. There is the need for the benefit of pre- means the amount of bringing up to He said: This time, the President scription drugs, and the Medicare sys- date I would support or that I have wants it and the Congress wants it and tem needs to catch up to that cir- called for here on the floor. But it is a I think we are going to get it done. cumstance. final recognition of the fact that Medi- He turned out not to have been right The bill that emerged from the Fi- care is outdated, that changes need to in that instance, perhaps one of the few nance Committee encourages competi- be made, and for that reason I will take times in his life when his reading of the tion between plans. It provides us a the step. political tea leaves was incorrect be- first glimpse of breaking the lockstep I commend members of the Finance cause we fell into wrangling. It was on mentality Medicare has had since the Committee on both sides of the aisle some issues that were worth wrangling 1960s. It gives us an opportunity to ex- for the careful and thoughtful way over, I do not want to suggest they periment with some competition in- they have approached this challenge. I were not, but that prevented us from jected into the system. One of the in- commend them for crafting a bill that, focusing on the core question of wheth- teresting aspects coming out of this de- as I say, holds out some hope for every- er our health care circumstance in this bate is the difference in expectations body in the spectrum. But I hope they country needed to be improved. on the part of those who are supporting will continue to address this question Fortunately, we have now focused on it. There are those on the left who are with as open a mind as possible and the overall question of should we or supporting this, saying this is just the with the firm understanding that how- should we not have a prescription drug beginning, and if we get this estab- ever sacred the word Medicare is in our benefit for Medicare. At least coming lished, we can see a massive increase of political lexicon, the details of the pro- out of the committee, we have a strong governmental programs to bring pre- gram should not be sacred but should bipartisan consensus that we should. scription drugs to seniors. There are be brought up to date at every possible The reason we should is very clear, if those on the right who are supporting opportunity to conform with the re- you look at the way we practice medi- it who are saying this has the degree of ality of the world in which we live. cine. competition in it that will bring mar- I yield the floor. The PRESIDING OFFICER. The Sen- Medicare was adopted in the 1960s, ket forces into Medicare in such a way ator from North Dakota. and it was patterned after the best that we will see a massive increase in Blue Cross-Blue Shield fee-for-service Mr. CONRAD. Mr. President, I rise to the amount of competition and the discuss the prescription drug bill and indemnity plan written in the 1960s. amount of market influence on holding Now it seems that plan has been frozen the Medicare reform package that is down costs. before us now. As a member of the Fi- in time for 40 years. Unfortunately, it For both sides, this is a great leap of has not had the regulatory flexibility nance Committee, I was involved in the faith. Neither one knows whether the markup of this legislation. necessary to deal with the changes in other is right. Neither one knows ex- Let me begin by commending the the way medicine is practiced. It has actly what will happen. I suppose 5 chairman, Senator GRASSLEY, and the required Congress to step in and make years from now when the Congress ranking member, Senator BAUCUS, our those changes. As Congress has done gathers we can look back and say, Yes, former chairman, for the way in which so, Congress has demonstrated that it we were right injecting a sense of com- they brought our committee together. is slow and it can be bogged down in petition into the bill. It has produced That was not easy to do. It is an ex- political challenges that prevent tremendous benefits, brought costs traordinarily complex undertaking to changes being made. down, and made things more efficient. have an expansion of Medicare of this By contrast, if you go to FEHBP, the Or we might see people look at us say- magnitude and to do it in a way that Federal Employees Health Benefit ing, Yes, we were right passing the bill. will achieve real results. Plan, under which we and other Fed- It did bring about a major new expan- I thank the chairman and the rank- eral employees are covered, you find a sion of Federal support for prescription ing member for the way they brought degree of regulatory flexibility that al- drugs. We will have to wait and see. us together, and for the tone they set lows the people who administer the But the necessity of getting a drug in the committee. We were in markup plan the capacity to move and change benefit for Medicare is driving the leap from 9 in the morning until 9 o’clock at quickly as the medical situation of faith on both sides. It is bringing us night—12 hours of togetherness that changes. Congress is not required to de- together in a way we haven’t seen in actually went very well. bate these changes and, therefore, hang this debate in the past. I think we all know why we are here. them up on political considerations. Obviously, I am one who believes When Medicare was first drafted, the That is one of the reasons why the competition creates market effi- world was a very different place in FEHBP has been more effective in pro- ciencies, and that the experiment will terms of providing health care. As Sen- viding health care services to those work in the direction of getting more ator Moynihan used to explain, at the who are parties to it. Clearly, we in competition and more efficiency rather time Medicare was drafted, the Merck Congress need to finally catch up to than in the direction of getting more Manual that contains all prescription the reality that the Medicare system is government involved. It is a leap of drugs was a very thin volume. Now outmoded and structured upon a pro- faith for me. when we look at the Merck Manual, it gram that desperately needs to be up- I share the concern of what can hap- is a very weighty tome. There is a dra- dated. pen to the cost. We know Federal pro- matic change in the pattern and prac- Back in the 1960s, the primary con- grams never cost what they are pro- tice of medicine. Perhaps no better ex- cern people had with their health care jected to cost. They always cost sub- ample is what happens with stomach was the cost of going to the hospital. stantially more, particularly entitle- illness. Twenty years ago, there was You went to the hospital for almost ment programs. For me and others who not much one could do for somebody every major circumstance. Now we find hold that view to embrace this bill and who suffered from ulcers other than to through research funded by Govern- say we are willing to take this leap of have surgery. But now with prescrip- ment, through research funded by the faith is indeed, I think, a fairly signifi- tion drugs that address the underlying drug companies, and products that cant step. causes, stomach surgery has been re- have emerged from that research, that But I come back to the point I made duced by two-thirds. Yet, in Medicare many of the sicknesses you used to go at the beginning. We cannot continue there is no coverage for those prescrip- to the hospital for and stayed for 3 or to sustain a Medicare Program that tion drugs. You can’t have a modern 4 days can be taken care of by taking does not recognize the role prescription Medicare without a prescription drug a pill. Yet Medicare says if you go to drugs now play in the way medicine is component. S7962 CONGRESSIONAL RECORD — SENATE June 17, 2003 The problem is millions of Americans Here, outlined on this chart, are the be the first to acknowledge there is don’t have any coverage. If we look at specific provisions of this legislation. somewhat of a difference in cost, but it an outline of where we are, we see that These are estimates of the basic plan isn’t a 100-percent difference. When we 38 percent of those who are Medicare which will take effect in 2006. This ex- go to buy technology for that hospital eligible have no drug coverage. Ten cludes the low-income subsidies. We in Devils Lake, ND, we do not get a dis- percent get their coverage through will talk about that in a moment. The count. When we try to recruit a doctor, Medicaid, 15 percent through a Medi- premium will average about $35 a he does not say to us: Well, you are a care HMO, 28 percent employer-spon- month; at least that is the projection rural area, so I will take half as much sored coverage, 7 percent Medigap, and at this point. The deductibles will be money. That is not the way it works. others, 2 percent. But nearly 40 percent $275 a year. From $276 to $4,500 of pre- So this incredible divergence, this have no coverage. scription drug costs a year, 50 percent disparity that exists in current law, That creates some very tough situa- will be paid by Medicare, 50 percent by needs to be addressed, and this bill will tions. And we can see there are real dif- the senior citizen. Between $4,501 and begin to address it. It does not close ferences between where somebody $5,812 of prescription drug costs a year, the gap, it does not eliminate the prob- lives, how old they are, and their in- there will be no assistance from Medi- lem, but it does make meaningful come level, as to whether they are in care. That is the so-called coverage progress. It permanently and fully that nearly 40 percent of Americans gap, what some refer to as the ‘‘dough- closes the gap between urban and rural who have no coverage. We see for those nut.’’ This is an area in which there is standardized payment levels. But un- over the age of 85, 45 percent have no no assistance, no coverage. The reason like the legislation I introduced, it coverage. For those who live in rural for that is not enough money. For does not take effect until 2005. The leg- areas—and I represent a rural area, the $5,813 and above in prescription drug islation I introduced, along with 30 of State of North Dakota—50 percent costs, Medicare will provide 90 percent my colleagues, would have taken effect have no coverage. Forty-four percent of assistance, the senior citizen 10 per- in 2004. those who have between $10,000 and It also adopts all of the other provi- cent. $20,000 of income have no coverage. I think that is one of the most impor- sions of the bill that I introduced along What we see is the situation is going tant parts of this bill. I would support with Senator THOMAS of Wyoming. It to become more challenging and more this bill if there were no other provi- equalizes Medicare disproportionate difficult as out-of-pocket expenses for sion than just this one. To provide 90 share payments. Those are the ones prescription drug expenditures jump percent assistance to those who have that are used to cover the costs of dramatically. In 2000, those out-of- treating the uninsured. It establishes a catastrophic drug costs is going to pocket expenditures averaged $644. By low-volume adjustment payment for make a meaningful difference. this year, it was up to $999—a 50-per- I was just with one of my staff mem- small rural hospitals. It improves the cent increase in just 3 years. And in bers in North Dakota. Her mother had wage index calculation which accounts the next 3 years, we anticipate another a rare form of cancer. At one point her for a hospital’s labor costs. It ensures very large increase to $1,454 a year in drug costs were running $20,000 a that rural hospitals are reimbursed prescription drug costs. fairly for outpatient services. month—$20,000 a month. Thankfully, The implications of that are outlined It provides a whole series of improve- she was insured. As we see, nearly 40 on this chart. This shows a study in ments to critical access hospitals, in- eight States. It shows the percentage percent of seniors in the country are cluding improved payments for ambu- of seniors who reported forgoing needed not. How many families could with- lance services, increased flexibility in medicines, and that is listed by chronic stand a drug cost of $20,000 a month? the bed limit, excluding critical access condition and prescription drug cov- For this particular family, their drug hospitals from the wage index calcula- erage. cost now has been reduced. She is past tion for other hospitals, which will im- What it shows by the red bar is those the acute phase, thankfully. Their drug prove payments to other larger facili- without coverage, and it shows the per- costs are still running $2,500 a month. ties, has new incentives to ensure 24- centage of seniors who did not fill pre- That is $30,000 a year. hour access to emergency on-call pro- scriptions one or more times due to This provision will help people like viders, and has new measures to assure cost. For congestive heart failure, 25 that. It will keep people from bank- the critical access hospitals will re- percent of the people did not fill their ruptcy. It will avoid people having to ceive timely Medicare reimbursement. prescriptions because they could not not have treatment. It will prevent cri- It also authorizes a capital infrastruc- afford it; 31 percent of those who suf- ses in many families across the coun- ture loan program which will provide fered from diabetes did not fill their try. $5 million in loans for crumbling rural prescriptions because they could not That is not the only part that I think facilities. afford it; and 28 percent of those with merits support. In addition, it provides a series of hypertension did not fill their prescrip- As shown on this chart, these are the other provisions which a number of us tions because they could not afford it. low-income provisions. I want to direct have cosponsored and put before the If we go to the next element of the people’s attention to this line. For body, including extending a 10-percent chart, the percentage of seniors who those who are below 160 percent of pov- add-on payment for rural home health skipped doses in order to make it last erty, they will get more assistance. So, agencies, many of which are under longer: For congestive heart failure, 33 for example, in that zero to $4,500 range pressure to close; a new 5-percent in- percent of those without coverage of prescription drug costs, Medicare crease for rural ground ambulance skipped doses; 30 percent of those with will pick up 90 percent of the cost for services; a new 5-percent add-on for diabetes skipped doses because they those low-income people. They will clinic and ER visits in rural hospitals; could not afford it; and 31 percent of have to provide 10 percent of the cost. and a new automatic 10-percent bonus those with hypertension skipped doses This, to me, is another strong reason to payment for physicians serving in rural because they could not afford it. Obvi- support this legislation. areas. ously, that reduces the quality of care A third key element of this bill that It has measures to address the geo- and ultimately increases the cost. I think merits support—certainly for graphic inequities in physician reim- Why? Because those people are more those who have rural areas—is the be- bursement, and an extension of im- likely to be hospitalized. And it is ginning of the leveling of the playing proved payment for lab services in sole when a senior is hospitalized that the field between the rural areas and the community hospitals. cost really escalates. more urban areas of the country. This does not close the gap between I think it is in all our interest—both Just to give an example, in my home rural institutions and more urban in- in terms of the quality of health care State, Mercy Hospital in Devils Lake, stitutions, but it does make meaning- but also in terms of the cost of health ND, gets exactly one-half as much in ful progress in leveling the playing care—that we get this right and we Medicare reimbursement to treat a field, and that is critically important make the changes necessary to provide heart ailment or to treat diabetes as to rural hospitals. a prescription drug benefit in Medi- Mercy Hospital in New York City—ex- Let me say, in my own State we have care. actly one-half as much. Now, I would 44 hospitals. June 17, 2003 CONGRESSIONAL RECORD — SENATE S7963 At least eight of them are in danger in order to remove some of this uncer- going to lead to some very dis- of closing because of this enormous gap tainty for seniors moving ahead. appointed people. There is no 70 per- in Medicare reimbursement. Over 50 For those of us who represent rural cent subsidy here. There may be for percent of their patients are Medicare areas, the fact that only 2 percent of people who have extraordinarily high eligible. If things don’t change, these rural counties had two or more drug costs. I already indicated they get institutions are going to have to close. Medicare+Choice plans in August 2001 90 percent of their bill paid for, over Those are positive aspects of the bill. ought to tell us that our people are the $5,800 in drug costs a year, but that is Let me speak for a moment about what most likely to be caught up in this a very small percentage of the people. is in the bill that could and should be whipsaw effect. Our people in rural It is true that very low income peo- improved. The first that comes to my areas are the most likely not to have ple get a higher percentage paid for by mind is the instability in the legisla- two private drug-only plans available Medicare. But overall, we should un- tion. Seniors want certainty. They to them, or PPO plans or HMO plans. derstand, of the $1.6 trillion of drug want to know what they are getting. The reality is, they are not there now. costs for our Nation’s seniors, this leg- But under this plan, seniors could be In my State, there is virtually no cov- islation is going to cover 23 percent of bounced back and forth between dif- erage from those kinds of entities, al- that, not 70 percent, as I have heard ferent plans depending on how many most none. Those who are suggesting stated during the debate. Twenty-three private drug-only plans enter an area. that people are going to rush to this percent will be paid for by Medicare. That is the first problem. If a senior is kind of business when the people who If you look at this $400 billion legisla- in a fallback plan and two private run the companies tell us very directly tion, $360 billion of the cost is for pre- plans enter the area, they must leave they are not going to—we ought to pay scription drug payments—$360 billion. the plan they are in; they have no attention to that. We ought to listen to The total drug cost of our Nation’s sen- choice in the matter. The second prob- that. We ought to respond to it. I don’t iors is $1.6 trillion; $360 billion of $1.6 lem is that every time they switch be- think it is going to do any of us any trillion is 23 percent, it is not 70 per- tween drug-only and fallback plans, good to create a circumstance in which cent. So let’s not be misleading people their benefits could change. a senior we represent gets whipsawed about how extensive this benefit is. Let me illustrate that for my col- back and forth between plans, changing That is not to say it is not a good bill leagues. Seniors, when forced to move premiums, changing deductibles, because we are limited to $400 billion. between plans—and in 4 years, a senior changing coinsurance, changing what This is about as good a bill as you can could be forced into four different drugs are covered and what are not. write for $400 billion. But I hope we plans—every time, their premiums There is one thing I have learned in don’t mislead anyone as to what it could change. The only thing that dealing with seniors, especially those really provides. wouldn’t change is the stop loss who are ill: They need simplicity. They One of the things we also need to amount, or at least couldn’t change. need an assurance of what is covered, think carefully about as we consider The deductibles could change. The co- what isn’t covered, and how it works. floor amendments is that 37 percent of insurance level could change. The cov- We should not be subjecting them to a retirees with employer drug coverage erage gap could change. The covered changed plan every single year. That is will lose it under the Finance Com- drugs could change. And the access to not a plan that meets the needs of sen- mittee plan. a local pharmacy at no extra charge iors. Why? Because the Congressional could change. That is the kind of insta- I urge my colleagues to pay close at- Budget Office says when employers bility about which I am talking. tention to the debate when we begin to look at this plan, some substantial Let me illustrate with this chart. I offer amendments to try to provide number of them will drop their old cov- hope my colleagues are listening, or at some greater certainty and stability to erage—the coverage they are providing. least for those who are busy with other the plan. That will affect 37 percent of retirees duties, perhaps their staffs are listen- I also am concerned about dis- who currently have employer drug cov- ing. It is very important to understand appointed expectations. As I travel my erage. what could happen to a senior. In 2005, State, when there is a discussion of I think we need to take additional if there is only one private plan offered prescription drug coverage, I find most steps to provide incentives to those in their area, they could enroll either people think that means they are going employers to keep on providing the in that plan or in the fallback plan. to get something similar to what Fed- drug coverage they provide. That is in Let’s say this particular senior takes eral employees receive, or they think our economic and financial interests, the fallback plan and enrolls in that they are going to get something simi- and it is in the interests of seniors to for 2006. But then the next year, an- lar to what people in the military re- maintain stability in plans that they other private plan comes into the area. ceive, or they think they are going to know and like. Then the senior would be compelled to get something similar to what big com- Mr. President, I hope this informa- drop out of the fallback plan even if panies provide. That is not this plan. tion is useful to our colleagues. As I they liked it and go into one of the pri- Let’s understand what this plan is and say, as a member of the Finance Com- vate plans. what it is not. mittee and as ranking member of the Say they take private plan A for 2007. To provide the same coverage that Budget Committee, I support this legis- Then private plan A finds it is not ef- we provide Federal employees would lation. I voted for it. I think it merits fective for them financially to be in not cost the $400 billion in this plan. It the support of our colleagues. I hope it the plan, and they drop out. The next would cost $800 billion. It would cost can pass with resounding support here year, our senior citizen could be whip- $800 billion in comparison to the $400 in the Chamber. I hope it will ulti- sawed into a third plan in 3 years. They billion in this plan to provide the pre- mately become law. We ought to do could be over in private plan B. Then scription drug benefit we provide Fed- this with our eyes wide open. We ought perhaps private plan B decides they eral employees. to understand exactly what it provides can’t afford to provide this coverage. To provide the same level of benefit and what its weaknesses are. We ought They drop out, and our senior citizen, to our Nation’s seniors that we provide to communicate that clearly to the in the fourth year, is in their fourth our members in the military would American people. We ought not to plan. As I say, with different cost $1.2 trillion, three times as much overpromise or misrepresent. Dis- formularies—that is, different drugs— as available in this plan. appointed expectations can swamp this available to them, with different rules It is critically important that we not boat. with respect to going to the local phar- overpromise, that we not mislead peo- I am hopeful these remarks made macy to get their drugs, with different ple as to what they are getting and not clear what is provided and what is not copays, with different premiums, with getting. The fact is, there are some and those places where we have an op- different deductibles, all of these who I have heard say this is a 70 per- portunity to improve this legislation. I changing—if that isn’t chaos, I don’t cent subsidy. I don’t know where they think it is in all of our interests to know what is. This is an area we must get that number. That is exactly the commit our best efforts to do that over address on the floor with amendments kind of language and rhetoric that is the coming days. I yield the floor. S7964 CONGRESSIONAL RECORD — SENATE June 17, 2003 I suggest the absence of a quorum fill our promises to them, we owe it to more of a choice to find a drug plan and ask unanimous consent that the them to do the best we can to make that best suits their needs. This is very time of the quorum call be charged sure Medicare fully recognizes their similar to what Federal employees do equally to both sides. needs and the advances in modern med- when they choose their health care The PRESIDING OFFICER. Without icine. plans. For example, the benefit struc- objection, it is so ordered. We have all heard of the amazing ad- ture for plans can differ slightly and The clerk will call the roll. vances in prescription drugs, but for the formularies for the plans will like- The bill clerk proceeded to call the many seniors these new lifesaving ly be a little different one from an- roll. drugs are unaffordable. Under the bill other. It is this flexibility and choice Mr. BUNNING. Mr. President, I ask before us today, many more of these for seniors which really helps make unanimous consent that the order for drugs will be within reach of all sen- this bill a winner. the quorum call be rescinded. iors. This is a good bill for them, and it I am also pleased the legislation pro- The PRESIDING OFFICER (Mr. is a good bill for America. vides a strong benefit to seniors who CRAPO). Without objection, it is so or- Part of this legislation deserves spe- have the hardest time affording drug dered. cial mention. First, the bill gives sen- coverage, those who have incomes Mr. BUNNING. Mr. President, I rise iors a new option when it comes to get- below 160 percent of the poverty level. in support of S. 1, the Prescription ting their health care. Now under All along I have argued that rich peo- Drug and Medicare Improvement Act of Medicare, most seniors are enrolled in ple such as Warren Buffett and Bill 2003. Last week, the Finance Com- traditional fee-for-service plans. That Gates do not need our help. We need to mittee took a historical step by pass- is understandable. It is what they know first focus on helping seniors who need ing the Medicare bill out of the com- and it is what they are comfortable it most and can afford it least. I am mittee by a strong bipartisan vote of 16 with. About 12 percent of seniors are very pleased this bill does just that. to 5, thanks to the great leadership of currently enrolled in Medicare+Choice At 160 percent of poverty, an individ- Senators GRASSLEY and BAUCUS. plans. These are managed care plans ual’s annual income is $14,368 for a sin- This is one of the most important like HMOs. gle person, and for a couple annual in- bills we will consider this Congress. As Under this legislation, seniors will come is $19,392. Many seniors in this a new member of the Finance Com- have another new option: Preferred category and certainly those who live mittee, I was proud to support it. It is provider organizations, or PPOs, for on less struggle every day to pay for a commonsense bill that strengthens their health care. Outside of Medicare, their medicines. Some have to actually and improves the Medicare Program by many Americans have found PPOs to choose between food and medicine. guaranteeing a prescription drug ben- be a solid alternative instead of fee for Some skip taking doses of their medi- efit for America’s seniors. I hope the service or HMOs that some patients cine. These are choices that no none in bipartisanship momentum that was find to be too restrictive. Wisely, the the year 2003 should have to make. created within the Finance Committee bill includes incentives to make sure For the 3 million seniors who make will continue during the Senate floor that PPOs will cover both rural and even less, the bill provides them with debate. urban areas, and all seniors in these an even more generous benefit. These Talk is cheap. Congress has been areas will be eligible to enroll. are our seniors for whom Congress has talking about passing a drug bill for Coming from a small, rural State the largest responsibility. This bill cer- years. Now we have a golden oppor- such as Kentucky this is especially im- tainly does right by them. tunity and we must seize it. Our sen- portant to me. In many rural parts of Finally, I am pleased the legislation iors have waited too long. It would be my State, seniors do not have a choice provides immediate help right now to irresponsible to leave them hanging because the economics just do not many low-income seniors. In the year any longer. Under the budget that we work. But the chairman of the Finance 2004 they will receive $600 a year so passed, we have set aside $400 billion Committee wisely crafted this bill to they can better afford their prescrip- for a Medicare prescription drug ben- provide incentives to ensure that sen- tions. This is an immediate benefit for efit. This is a real commitment by Con- iors in rural America have choices, too. those who need help the most and will gress to the 40 million Americans who If it is good for Iowa, I think it is going help bridge the gap until 2006 when this have relied on Medicare, many of them to be good for Kentucky. new drug program is fully up and run- literally all their lives. This bill does not require seniors to ning. It has been almost four decades since move into a PPO or an HMO for a bet- Congress has a golden opportunity to Medicare was created, and it is long ter drug benefit. This idea has been pass a good prescription drug bill. We past time for Congress to strengthen it part of other plans on Capitol Hill, and absolutely cannot let it slip through and to help bring it into the 21st cen- I disagree with it. Instead, under this our fingers. Too many seniors struggle tury. bill seniors can receive an equal drug daily to pay for their prescriptions. In In 1965, when Medicare became law, benefit under traditional Medicare. We the past, Presidents and Congresses prescription drug coverage was not in- give seniors the choice. It is voluntary. have promised too much, too many cluded in the benefit package. Back I know many seniors, especially our times, for older Americans. It is then, it did not make any sense. Pre- older or maybe our oldest seniors, will standup time. It is time to deliver. It is scription drugs played a much smaller not want to switch out of traditional time to get the job done. Our seniors role in medical care. But because of fee for service. They should not be deserve it. America deserves it. technology and advances in health forced to do this. I yield the floor and suggest the ab- care, and much research that has been My mother-in-law is very happy with sence of a quorum. done since then, these drugs now do so what she has, and I am sure she will The PRESIDING OFFICER. The much more in helping to ensure the not change no matter what. That is clerk will call the roll. good health of America’s seniors. These fine. After promising her she would al- The assistant legislative clerk pro- medicines help seniors live longer. ways get the care she is now receiving, ceeded to call the roll. They help them live more active and it would be wrong for us to pull the rug Mr. SMITH. Mr. President, I ask fulfilling lives. out from under her or anybody like unanimous consent that the order for Medicine has changed in a way no her. the quorum call be rescinded. one could have predicted back in 1965. In order to be fair to all, this legisla- The PRESIDING OFFICER. Without However, Congress has failed so far to tion says the drug benefits will be objection, it is so ordered. strengthen Medicare and to recognize equal in both traditional Medicare and Mr. SMITH. Mr. President, I rise these advances and to account for the managed care plans, so seniors will not today in support of the Prescription changes in health care. We now have a be penalized for staying with tradi- Drug and Medicare Improvement Act of chance to make up for that lost tional Medicare Programs they know 2003. ground. and are comfortable with. I am so pleased to be on the Senate If we are going to maintain a decent Another positive about the bill’s ben- floor today for this historic event. Medicare Program for seniors and ful- efits is the fact that seniors will have Within the next 2 weeks, for the first June 17, 2003 CONGRESSIONAL RECORD — SENATE S7965 time in our Nation’s history, the Sen- developed in this country—and in the doctor four times as often, and fill ate is going to pass a real prescription many cases these folks just could not five times more prescriptions than drug benefit for all seniors. afford to buy them. healthier seniors. This historic time does not come a It was a truly humbling experience to I believe there is an enormous poten- moment too soon. For years, seniors listen to the stories of these good peo- tial to improve care for this rapidly all over the country have been making ple and know that we had not helped growing group of seniors while keeping hard choices—choices between filling a them. costs down for Medicare by coordi- prescription and buying food; choices I want to be able to go back to the nating their health care better. between losing their homes or buying seniors in Oregon this year and tell Preferred provider organizations can the drugs they need to stay alive and them what the U.S. Senate has finally help do that. And while no senior in healthy. done for them. America will have to move into a PPO, The prospect of providing senior citi- This year, I joined the Finance Com- they will now have the option to do so. zens with access to life saving prescrip- mittee, and we have had many, many In my mind, that is a substantial im- tion drugs under Medicare for the first meetings to discuss how to design a provement to Medicare. time is truly exciting. It is truly a his- drug benefit this year that we can ac- For the first time in a long while, toric achievement of the 108th Con- tually pass and get to the President’s this bill also addresses one of the big- gress. desk. And with this bill, I think we gest problems in Medicare—the in- When I talk to senior citizens around have accomplished that. equity between rural and urban Amer- Oregon, access to prescription drugs is Every Senator comes to the floor ica. I would like to thank Chairman the issue by far that resonates most with their views of what is the perfect. GRASSLEY again for his personal com- clearly among them. The question again becomes, Will our mitment to this issue and for his tire- The Senate special Committee on individual views of the perfect thwart less efforts on behalf of rural States Aging held a field hearing in Oregon the good? Truly, this bill represents a such as Oregon. last August. I was privileged to chair lot of good, and it certainly is a very In addition to correcting some of the that hearing. We were tasked the issue good start. Medicare reimbursement issues that of adding prescription drugs to the When this bill is signed into law, no have disadvantaged people and health Medicare program. The room was senior will again ever have to lose their care providers who live and work in packed with seniors from all around home when they lose their health. rural areas, this bill contains numer- the State. This bill provides substantial assist- ous protections to ensure that rural When I asked them to tell me how ance to low income seniors, while mak- Americans have access to the same much they spent each month on drugs, ing improvements to the Medicare pro- health care choices as urban Americans their answers were astounding. They gram, all in a way that will ensure the and at the same cost. These improvements were critical to were astronomical. financial viability of the Medicare pro- win my support for this bill, and they And of course, there were the seniors gram in the long term. who were paying for their drugs. Oth- This bill doesn’t give anyone a free represent just a few of the improve- ers made the decision not to fill pre- ride. Every senior is asked to con- ments in this bill over last year’s bill scriptions or to skip doses, cut their tribute something for this sweeping as it was debated. Several months ago, the Senate pills in half or try cheaper remedies. new benefit. However, low-income sen- Budget Committee calculated that a One of our star witnesses was 76-year- iors, in particular, are protected from comprehensive, responsible drug ben- old Roy Dancer, a retired educator high drug costs under this legislation. efit that the country could also afford from Beaverton, OR. He testified that While everyone will pay something would cost around $400 billion. Subse- many of his friends in his small retire- for their prescriptions, payments for quently, the Budget Committee set ment community have out-of-pocket low-income seniors are tied to their aside $400 billion for the addition of a expenses for prescription drugs that ability to pay. Very low-income seniors prescription drug benefit in Medicare well exceed $5,000 per year, including will pay very little for their prescrip- and improvements to the program. one resident with no insurance whose tions, while moderately low-income This bill strengthens Medicare in a drug costs exceeded $8,500 per year. seniors will pay a little more. substantial way. It uses the $400 billion Mr. Dancer was an active member of Higher income seniors will pay a set aside for this purpose without run- his community. One of the ways he small premium to have access to a plan ning the program into the ground in maintained his health was by taking with moderate cost sharing, and, im- the long term. eight prescription drugs daily. His wife, portantly, protection against cata- I know I am not alone in striving to Betty, was also being kept healthy and strophic drug expenses. The peace of update Medicare in such a way that the active by using multiple medications mine from this coverage alone is, for program will be there for our children daily for her high blood pressure, dia- me, one of the most important provi- who will want to participate in it. betes, and arthritis. sions in this bill. Americans across the country are Mr. Dancer told the committee that In addition to making prescription asking for our help. They cannot afford he had once gone to Mexico to purchase drug coverage available and affordable to wait another year while we search prescription drugs to save money. to all seniors, this bill updates the for the perfect solution. This bill rep- That is just one small snapshot of a Medicare program to include new resents years of careful research, de- relatively healthy couple in a rel- choices for seniors. bate, and compromise, and it is going atively affluent retirement community Making preferred provider organiza- to strengthen and improve Medicare with relatively healthy residents. tions, available to seniors has enor- for generations to come. At that field hearing, the committee mous potential to improve care coordi- I look forward to working with every also heard from an Oregon geriatrician nation and provision of preventive one of my colleagues over the next few who described the irreplaceable bene- services for seniors. weeks to improve this bill and to get it fits of modern prescription drugs, and Let me tell you why this is impor- to the President’s desk before the end the importance of patient compliance tant. of summer. with a prescribed drug regimen to Medicare beneficiaries with multiple Mr. President, I thank you for the achieving the full potential benefits of chronic conditions are by far the most time. contemporary medical care. expensive group of seniors to care for. Mr. President, I ask unanimous con- This Aging Committee field hearing Their care is also the most complex, sent that the time spent in quorum was held just 2 weeks after the Sen- creating quality of life challenges for calls during today’s session be charged ate’s failed attempt to pass a prescrip- many seniors, their multiple health equally to both sides. tion drug benefit last year. And let me care providers, and their families. The PRESIDING OFFICER (Mr. tell you, this failure weighed heavily Beneficiaries with 5 or more chronic CHAFEE). Without objection, it is so or- on me during that hearing. conditions represent 20 percent of the dered. We are talking about basic access to Medicare population but account for 66 Mr. SMITH. Mr. President, I suggest life saving medicines—many of them percent of the cost. These seniors to go the absence of a quorum. S7966 CONGRESSIONAL RECORD — SENATE June 17, 2003 The PRESIDING OFFICER. The they love to get the prescription drugs When we are talking about what is clerk will call the roll. they need. The only winner in this mis- happening to the quality of life of our The legislative clerk proceeded to guided policy would be the insurance seniors, we are talking about these ab- call the roll. industry, which stood to gain $2.5 tril- solutely vital, indispensable medica- Mr. KENNEDY. Mr. President, I ask lion dollars from the privatization of tions, prescription drugs, which they unanimous consent that the order for Medicare. need and which are costly. The fact is, the quorum call be rescinded. Democrats and senior citizens locked so many of our seniors are on fixed in- The PRESIDING OFFICER (Mr. arms to fight this proposal. We stood comes that with very modest increases CHAFEE). Without objection, it is so or- up for Medicare and its promise to pro- in the cost of living they are con- dered. vide the health care needs of seniors stantly being squeezed, and this is put- Mr. KENNEDY. I understand there is citizens in retirement. Senior citizens ting the kind of pressure on them and a division in the time. How much time across America said it’s wrong to co- on their lives and on their families do we have on our side? erce them into leaving their family which has caused such extraordinary The PRESIDING OFFICER. Sixty- doctors and joining HMOs and PPOs to pain, suffering, and anguish among the five minutes. get the drug benefits they need and de- seniors; and not only among the sen- Mr. KENNEDY. I yield myself such serve. iors but among their families as well. time as I might consume. In recent days, the voices of Amer- The costs are one of the dramatic as- The history of America is that of a ica’s 35 million senior citizens were fi- pects of the whole prescription drug people always fighting for an ever more nally heard. Last week, a bipartisan issue, and we are going to make a perfect union, a nation of genuine fair- group of Senators rejected the Presi- downpayment hopefully with the ac- ness and opportunity for all, and that dent’s backwards priorities, and Presi- ceptance of the legislation that came meets the basic needs of all Americans. dent Bush retreated from his insistence out of our committee. The initial We fought to create public schools, so on privatizing Medicare. Instead of McCain-Schumer legislation which now holding the needs of seniors hostage to all children can receive an education to is supported unanimously from our an ideological agenda, Republicans’ help them succeed, and to equip them committee will help to move generic willingness to put aside ideology and to participate fully in our society. drugs on to the market more quickly work with Democrats to create a pre- We have battled for civil rights, so and be available to our seniors under scription drug benefit now paves the that no one is denied opportunity be- this program. cause of race, gender, religion, national way for the largest expansion of Medi- It used to be that the only seniors origin, or disability. care in its 37-year history. After many with reliable, adequate, affordable cov- years of battling for a Medicare pre- We fought for a fair minimum wage, erage were the very poor on Medicaid, scription drug benefit, we now face the so that those who work 40 hours a but even that benefit is eroding. Today, very real prospect that Congress can week, 52 weeks a year, should never because of the State fiscal crisis cre- pass, and the President will sign, a bill live in poverty. ated by the recession and the let-them- that provides the prescription drug We created Social Security and Medi- eat-cake attitude of the Republican benefit within conventional Medicare. care, so that those who work their en- party, even the poorest of the poor can tire lives, and contribute so much to In fact, if you think Medicare should be privatized, then you should oppose no longer count on protection. States the nation, will be cared for in their are now facing the largest budget defi- golden years. this bill. This promising moment comes at a cits in half a century, an estimated $26 But ours is always an unfinished re- time of crisis for millions of our senior billion this year, and $70 billion next public. With each generation, and in citizens. Too many elderly citizens year. each era, we continue to perfect our de- choose between food on the table and This chart is a pretty good reflection mocracy and to fight for progress. the medicine they need. Too many el- of the situation of our seniors on the And today, one of the great chal- derly Americans are taking only half issue of affordable, reliable and quality lenges of our time is at long last to the drugs their doctor prescribes, or drug coverage. Thirteen million have right an injustice that has harmed mil- none at all, because they cannot afford absolutely no coverage; 10 million have lions of our fellow Americans, the fact them. Today, the average senior citizen employer-sponsored coverage; 5 million that Medicare today does not provide a has an income of around $15,000, and are under Medicare; 2 million are under prescription drug benefit. prescription drug bills of $2,300. That is Medigap; 3 million are under Medicaid Many of us in the Senate have bat- the average, and many senior citizens and a small amount on other public tled for such a benefit for almost a incur drug costs in the thousands of coverage. quarter of a century. In fact, Senator dollars each year. It used to be said of this group, it was Strom Thurmond and I introduced the Senior citizens are faced with a dead- the one group listed here that had de- first legislation to create a prescrip- ly double whammy. Prescription drug pendable, reliable, certain drug cov- tion drug benefit in 1977. And in more costs are out of control, and private in- erage for those under Medicaid, but recent times, Democrats have led the surance coverage is drying up. Last that is no longer true. We are seeing charge. In 1999, Senator ROCKEFELLER year, prescription drug costs soared by the numbers covered under Medicaid and I introduced key legislation to pro- a whopping 14 percent. They have shot going down every year. With the States vide prescription drug coverage in up at double-digit rates in each of the now facing very sizable deficits, they Medicare. In 2002, Democrats led the last 5 years. Whether we are talking are cutting back on the Medicaid and way once again in offering the Graham- about employee retirement plans, the coverage. Miller-Kennedy Medicare prescription Medigap coverage, or Medicare HMOs, The result is States are cutting back drug bill. prescription drug coverage is sky- on the prescription drug coverage for For too many years, the prospects of rocketing in cost, and becoming more those least able to pay. Thirty-nine enacting a Medicare prescription drug and more out of reach for the elderly. States expect to cut their Medicaid benefit were jeopardized by the insist- This chart reflects the rise in costs drug benefit this year. In my home ence of many Republicans and the Bush as compared to what our seniors are re- State of Massachusetts, 80,000 senior administration to destroy Medicare by ceiving in their Social Security COLA citizens were about to lose their pre- forcing seniors to leave their family increase, going from 1998 where there scription drug coverage under the same doctors and join HMOs and PPOs. In was a 10 percent increase in the cost of senior Advantage Program on July 1. fact, President Bush proposed to use a prescription drugs but seniors were Emergency action by the State legisla- prescription drug benefit as bait, tell- getting only 2.1 percent. In 1999, it was ture solved the problem but only after ing seniors that if they wanted pre- 19.7 percent and the increase in the making substantial reductions in the scription drug coverage, they had to cost of living was at 1.3 percent. Then coverage. leave Medicare to get it. While pur- we go throughout 2000, 2001, 2002, and Ten million of the elderly enjoy high- porting the give seniors choices within today in 2003 it is expected to go up to quality, affordable retirement coverage Medicare, his plan in fact gave seniors 13 percent with seniors receiving a very through a former employer, but retiree only one option, to leave the Medicare modest 1.4 percent. coverage is plummeting, too. In just 8 June 17, 2003 CONGRESSIONAL RECORD — SENATE S7967 years, from 1994 to 2002, the number of million, 22 percent. There will be large be $10, and they would save $180. If the firms offering retiree coverage fell by a gaps. income was $13,500 and they spent the massive 40 percent. The employer-spon- It is very important to remember $190, their monthly cost would be $23, sored column on this chart shows 10 this is a downpayment. Those who are and they would save $168. million employer sponsored retirees. supporting this program are strongly So the help, the assistance for the 40 We have 13 million with no coverage, committed to building on this pro- percent of our seniors at the lower end 10 million with the employer spon- gram. It is a downpayment. We are of the income is very substantial, as it sored, and we saw a gradual reduction going to come back again and again should be. We have seen where, even for for the poorest of our seniors. So let’s and again to make sure we are going to the average income for the senior, it see what is happening now. The firms meet the challenges provided by this still provides about $600. For those offering retiree health benefits have bill and out there across this country with an average income for seniors, dropped 40 percent from 1994 to 2002. In we recognize what our seniors are fac- with higher amounts of prescription 1994, 40 percent of the firms offered re- ing. We must ensure that the resources drug expenses, it provides a very im- tiree health benefits. Go back to 1988; are available to be used equitably. portant and substantial relief for them. it was about 85 percent; in 1994, it was As I mentioned, this bill is a down- In addition to this—this is one of the 40 percent; in 2002, it was just over 20 to payment on our commitment as Demo- most appealing aspects of this pro- 22 percent. So we are seeing that avail- crats to provide for the needs of our gram—this bill offers immediate relief ability constantly squeezed. senior citizens. We will do everything for seniors. We are talking about next Medicare HMOs are also drastically we can to increase the resources avail- January. Five million low-income sen- cutting back. Since 1999, more than 2.5 able to provide an ample prescription iors will receive a $600 prescription million Medicare beneficiaries have drug benefit. If we do not succeed drug credit card on January 1, 2004. The been dropped by their Medicare HMOs. today, we will battle the Republican most they will pay for it is $25. But for Of the HMOs that remain in the pro- budget tomorrow, next month, next those of limited income, they will get gram, more than 70 percent limit drug year, carry this issue into the next that free, and they will have the first coverage to a meager $500 a year or less election, if necessary, until we have in $600 prior to the time the program goes and half only pay for generic drugs. place a White House and Congress that into effect, which will be in 2006. This I have another chart showing groups support Medicare and give the prescrip- will be available to them in January of seniors. We talked about the em- tion drug benefit the resources it de- 2004. All seniors can receive savings ployer sponsored seniors and the pres- serves. However, we must get started. through the drug discount card. This is sure they are under; we talk of the This bill does much that is good. It enormously important. If a senior pressure under the Medicaid. Let’s look provides a low-income benefit that doesn’t use the whole $600, they can at those 5 million under the Medicaid assures 40 percent of all seniors that carry that over for another year. Help is on the way, immediately, for HMO and see what has happened to they can get help with drug expenses 5 million seniors starting in January of them: 2.4 million have been dropped, with minimum premiums and copays. next year. That, I believe, is enor- and of the remaining, take a look at It saves the average senior with aver- mously important and positive news what has happened. The Medicare age drug costs approximately $600 a for many seniors. HMOs are reducing the level of drug year—not as much as we should be pro- While this bill does much that is coverage. Sure, some provide it, but 86 viding but a good downpayment toward good, it still has serious gaps and omis- percent limited the coverage to less a contract with the seniors. sions. It will still leave many elderly than $1,000 in 2003; 70 percent imposed This next chart is for a senior with suffering from severe financial strains caps of less than $500. So although they an average income of $15,000. They av- as they try to purchase the prescrip- are providing, if the average expendi- erage $2,300 in prescription drugs. This tion drugs they need. It doesn’t provide ture of a senior is $2,300 and HMOs are is how the program works. For $420 in the retiree health plans with the fair limiting it to less than $3,500, it is an premium, they will pay $1,298 in cost treatment they deserve to assure they empty promise. sharing, and they get a benefit of $604, can continue to meet the needs of re- We have those with no coverage. We not as much as we would like to have, tired workers. It could be improved by have those in the employer retirement but nonetheless that $604 for an aver- changes to ensure the coverage pro- programs who are seeing reductions; age income senior citizen is an impor- vided every senior citizen will be as we have the HMOs seeing reduced cov- tant resource and assistance to them. stable and reliable as possible. During erage. We have seen in the Medicaid The next chart shows the same senior the course of this debate, Democrats where there has been reduced coverage citizen with $15,000 of income. Say they and Republicans in the Senate will try as well. We also see that Medigap plans have $10,000—we have taken the aver- to address these needs. If we are unsuc- that offer drug coverage are priced out age income and the average amount of cessful, we will continue to fight over of reach for most seniors, and the cov- expenditure for prescription drugs, and the years ahead to fill in the gaps in erage offered by these plans is severely now we have the average income of this program. limited. $15,000—this senior has $10,000 for pre- At bottom, the issue of providing Thirteen million beneficiaries, as I scription drugs. That is a lot of money, adequate prescription coverage for sen- mentioned, have no prescription drug but there are certain pills, for example, iors is a question of priorities. For the coverage at all. Only half of all senior dealing with treatment of cancer, that administration and for too many Re- citizens have coverage throughout the are $68 each. These expenditures can be publicans in Congress, tax cuts for bil- year. It is time to mend the broken run up relatively easily, and they are lionaires are more important than promise of Medicare. It is time to pro- run up by many of our seniors. This is health care for senior citizens. But vide every senior citizen in this great $10,000; they would pay in $4,500 and Senator GRASSLEY, and I see him on country of ours with solid, reliable, they would receive $5,462 in savings the floor here today, and Senator BAU- comprehensive prescription drug cov- under this bill. This is a not insignifi- CUS and the other members of the Fi- erage. cant amount of savings. nance Committee deserve enormous As we enter this debate, our great The next chart shows families with credit for the excellent job they have challenge is fairness for all senior citi- lower incomes. We are going from done, designing a benefit within a $400 zens who need Medicare’s help to afford $9,000 to $12,000, to $13,000. This reflects billion straitjacket imposed by the the prescription drugs they need. The the current monthly drug costs, so we budget resolution. resources within this Republican budg- are talking $2,300 a year at $190 a I also pay tribute to the majority et are limited. The Republican budget month for the average. This is the way leader, Senator FRIST, for his strong provides only enough funding to cover this bill treats them. The monthly leadership, assisting the Finance Com- about a quarter of the needs of Amer- costs for a senior with a $9,000 income mittee, contributing to the shaping of ica’s senior citizens over the next dec- would be $5, and they would save $185. this program which I think is com- ade. They are going to be spending $1.8 If there was a $12,000 income, and they mendable. It needs work but it is a trillion. This is $400 million. They are still had to pay the $190, which again is very important, significant, and posi- spending $1.8 trillion, and this is $400 the average, their monthly cost would tive start. S7968 CONGRESSIONAL RECORD — SENATE June 17, 2003 Because this program covers only care standards available. To increase supporters above the interests of the about a quarter of the elderly’s drug stability of choices for senior citizens, senior citizens who have built this expenditures, it still leaves too many private drug plans must remain avail- great country. elderly—those with incomes below 160 able in any region they choose to enter The bill before the Senate says no to percent of poverty—with unaffordable for at least 2 years. Thus, the bill guar- this outrageous scheme. But I antici- costs. Forty percent, those with in- antees that every senior citizen, no pate that amendments will be offered comes below 160 percent of poverty, matter where they live, will be able to during the course of this debate to tilt will have comprehensive, affordable receive the benefits provided in the the scales once again against senior coverage through this program or bill. citizens and for private insurers. It is through Medicaid. This is a tremen- The Republican bill last year relied unlikely that any Member of the Sen- dous achievement. But others, particu- solely on competition to keep drug ate will publicly demand, as the Presi- larly the middle class with moderate plan premiums reasonable for senor dent did, that senior citizens give up incomes and high drug expenses, still citizens, leaving senior citizens vulner- their choice of doctors in order to get face high drug costs. The benefits able to exorbitant charges and profit- prescription drugs. But there are more under this bill—a $275 deductible, 50 eering if competition was ineffective. subtle ways of unraveling Medicare. percent cost-sharing, an out-of-pocket This year’s bill establishes tight regu- Amendments may be offered to uncap limit of $3,700 with continued copay- latory criteria to assure that plan pre- Federal payments to private insurers, ment obligations after the limit is miums are fair. It uses the same rules so that they have an open tap to the reached, are far less generous than that govern the Federal Employee Federal treasury, even if their services those enjoyed by most younger Ameri- Health Benefits program. cost more than those same services cans, even though the elderly’s need for Specifically, the bill states that a provided by Medicare. We need help for prescription drugs is much greater. plan cannot be approved to participate senior citizens, not corporate welfare We have talked about what they call in the drug program unless its pre- for insurance companies that seek to the doughnut hole, where there is very miums are ‘‘reasonably and equitably undermine Medicare. comprehensive coverage for those at reflect the cost of benefits’’ provided There are other ideas that could de- the lower end and very substantial help under the plan. In the FEHBP program stroy our bipartisan compromise. The for those at the higher end, and less this requirement has been interpreted President says that he has embraced help and assistance for those in the to allow health plans a maximum the bipartisan Senate compromise. But middle. That will be one of the issues markup of one percent over costs. some are considering implementing a which we will have a chance to address Democrats have been concerned that vast experiment on senior citizens all here on the floor, to try to see if we private drug-only plans might deny over this country. This experiment— can’t provide some additional help to beneficiaries access to off-formulary called ‘‘premium support’’—is yet an- those who will not be benefitted as ex- drugs in order to reduce costs and other attempt to force senior citizens tensively as those other two groups. maximize profits. Last year’s Repub- into HMOs and other private insurance That will be in the form of amend- lican bill contained no independent ap- plans. It is more subtle but just as un- ments that will be introduced and peal rights and did not require that acceptable as the President’s original hopefully supported. beneficiaries receive off-formulary proposal. It could dramatically raise Also, I mentioned the serious issues drugs at the preferred drug rate even if Medicare premiums and victimize the that work because of the interaction of an internal appeal were successful. The oldest and sickest of the Medicare pop- this program in terms of retiree bene- compromise program requires the plans ulation. It is a poison pill that could fits that can potentially threaten retir- to cover at least two drugs in each kill the prospects for reform and de- ees, and is an issue that must and therapeutic class, establishes a strong stroy all the progress that has been should be addressed. I am hopeful it independent appeal process, and pro- made in the Senate. will be before final passage. vides that off-formulary drugs can be I am also gravely concerned by other A final area where this bill could ben- obtained at the preferred drug rate if proposals that would establish, for the efit from improvements is in the rules an appeal is successful. first time, a means test for Medicare and regulations established for the pri- This week the Senate has an oppor- benefits. vate insurance plans that are the vehi- tunity to make the bill better. But we One of the reasons that Medicare is cle for delivering prescription drug must also guard against it becoming such a popular and successful program benefits to senior citizens and the dis- worse. This bill provides fair treatment is that all individuals, rich and poor abled, and for the fallback plans that and the opportunity for new choices for alike, contribute, and all benefit. Sen- will deliver the benefit when there are senior citizens who want to stay in ior citizens want Medicare, not welfare. not two insurance plans meeting Gov- Medicare as well as for those who And tying catastrophic benefits to a ernment standards in each region of might consider a private insurance al- person’s income is the camel’s nose the country. The sponsors of this bill ternative. under the tent that could lead to the have done much to assure that individ- The President’s plan, by contrast, dismantling of Medicare and its re- uals who enroll in private plans will sought to stack the deck against Medi- placement with welfare. pay a reasonable premium, and that care—and against senor citizens. In- As this debate progresses, there will there will always be coverage available stead of the trustee of the Medicare be a vast array of facts and figures dis- in every area of the country. But more program, his plan would have made the cussed in this chamber. Many of the can be done and should be done to as- Government little more than a shill for issues will be discussed in language sure that premiums are reliable and af- HMOs and the insurance industry. Sen- that will seem technical and arcane to fordable everywhere and that senior iors would have been poorer, their med- the average American. All of us must citizens do not have to change plans ical options would have been con- strive to remember why this debate is frequently because of instability in the strained, their ability to choose their important and what it is really about. market. own doctors would have been com- The typical Medicare enrollee is a Many Democrats were concerned promised, and all so that wealthy seventy-five year old widow, living that last year’s Republican bill could HMOs and insurance companies can be- alone. Her total income is just $11,300 a prove unworkable because private in- come even wealthier. year. She has at least one chronic con- surance plans might not be willing to If all senior citizens can be forced out dition and suffers from arthritis. In her provide the drug benefit. The concern of Medicare and into HMO and private younger years, she and her husband was especially strong in rural areas, insurance, the revenues of the insur- worked hard. They raised a family. where HMOs and PPOs have been un- ance industry will increase by more They stood by this country through willing or unable to provide services. than $2.5 trillion over the next decade. economic hard times, the Second World Under the compromise plan, there will Same on the insurance industry for War, the Korean War, and the Cold be a government drug plan available in supporting this plan, and shame on the War. They sacrificed to protect and any place where there are not at least administration for putting the inter- build a better country—not just for two private drug plans meeting Medi- ests of wealthy and powerful political their children but for all of us. Now it June 17, 2003 CONGRESSIONAL RECORD — SENATE S7969 is time for us to fulfill our promise to drug prescriptions. I heard from seniors wanted to stay in the traditional Medi- her. It is time to assure her the afford- who were forced to skip dosages of care Program. able health care she deserves. It is time their medicines in an attempt to That is what the administration was to pass a prescription drug benefit stretch their limited supplies of needed originally advocating. That is what under Medicare. medicines. And I heard from Medicare many, unfortunately, in the other I suggest the absence of a quorum, beneficiaries requiring more than 10 body, the House of Representatives, are and I ask unanimous consent that the prescribed medicines a day unable to still pursuing and still advocating. So I time be equally charged to both sides. afford to fill even half of those needed hope, as a result of the change we have The PRESIDING OFFICER. Without prescriptions. seen in the last week, this break- objection, it is so ordered. Clearly, what I heard from hundreds through will make a huge difference in The clerk will call the roll. of Connecticut’s more than 500,000 the lives of Medicare beneficiaries who The assistant legislative clerk pro- Medicare beneficiaries—in a State, I want to retain the ability to stay under ceeded to call the roll. might add, that has 31⁄2 million peo- the traditional Medicare Program if Mr. DODD. Mr. President, I ask unan- ple—is their grave concern over the they so choose. imous consent that the order for the present lack of a prescription drug ben- And so while I am pleased the bill be- quorum call be rescinded. efit under the Medicare Program. fore us soundly rejects a tiered benefit The PRESIDING OFFICER. Without Our goal over the next 2 weeks is system—and I commend the distin- objection, it is so ordered. very clear: to ensure that all Medicare guished Senator from Iowa, the chair- Mr. DODD. Mr. President, what is the beneficiaries have access to their need- man of the committee, and the distin- business before the Senate? ed prescribed medicines. To achieve guished Senator from Montana, for re- The PRESIDING OFFICER. The bill, anything less in this debate would be jecting the idea of a tiered benefit sys- S. 1. an abdication of our responsibility to tem, I am deeply concerned that the Mr. DODD. I thank the Presiding Of- ensure that Federal programs cor- plan presently taking shape, as I men- ficer. respond with the times in which we tioned, in the other body, the House, appears to rely on such a flawed plan. Mr. President, yesterday we began live. what can truly be expected to be an The simple fact is that pharma- And until we have resolved the matters historic effort to transform the Medi- ceuticals have and will continue to bet- between these two bodies, this funda- care Program in this country, an ef- ter the lives of millions of Americans. mental difference will still be out there fort, if it is successful in these coming When the Medicare Program was first and need to be addressed. President Bush, just last week, vis- days, that would provide for the most enacted in 1965, few could even begin to ited my home State of Connecticut and sweeping changes to that program imagine the great strides we have real- called on Congress to pass a prescrip- since its inception in 1965. ized in health care as a result of the de- We began debate this week on the tion drug benefit before July 4th. For velopment and widespread dissemina- my part, I call on the President not to need for coverage of prescription medi- tion of pharmaceutical medicines. cines under the Federal Medicare Pro- sign any Medicare reform measure that However, the present lack of a pre- would force seniors to join private gram. While it is a debate that is sure scription drug benefit under the Medi- plans in order to receive a more gen- to be spirited in the coming days, it is care Program fails to reflect these erous prescription drug benefit. Such a my hope the debate will, in the end, re- great gains that have been made, leav- measure would signal an end to the sult in a significant move forward that ing more than half of all Medicare Medicare Program as we know it and will strengthen the Medicare Program beneficiaries without any coverage for should be rejected out of hand. In fact, for its 41 million beneficiaries and for their needed medicines. This is unac- I would hope the President would say, the millions of future beneficiaries who ceptable, and it must be remedied. categorically, that while he wants Con- will depend on this critically impor- For this reason, I am heartened that gress to pass a bill before July 4th—he tant program for their health and their it appears that today, for the very first must say, with equal strength, that he well-being. time—for the very first time since we will not sign a bill that denies people Over the past month, I have had the began discussion of this subject mat- under traditional Medicare the oppor- opportunity to convene a series of fo- ter—we are on the cusp of passing in tunity to have an adequate prescrip- rums on senior health care in my home the Senate comprehensive Medicare re- tion drug benefit or forces them to State of Connecticut in an attempt to forms that will, at long last, add a pre- have to make a choice between staying frame the scope of this debate. At these scription drug benefit to the Medicare in traditional Medicare and getting no forums, I heard from many constitu- Program. prescription drug benefit or going to a ents on many matters regarding their I am particularly pleased the meas- private plan where they can get that health care, but the present lack of ure reported by the Senate Finance prescription drug benefit but having to coverage for prescription drugs under Committee last week, and that is be- give up traditional Medicare as the the Medicare Program was far and fore us this afternoon, represents a price. The President needs to state away—without even a close second— very significant departure from pre- that he will reject any proposal on his the most important question that was vious plans supported by the adminis- desk that incorporates that idea. raised to me by literally dozens and tration that would have required Medi- The bill before us, S. 1, the Prescrip- dozens of seniors in my State. care beneficiaries to leave the tradi- tion Drug and Medicare Improvement I would guess in similar forums being tional fee-for-service Medicare Pro- Act of 2003, represents a strong step held in other States around the coun- gram in order to receive coverage for forward on this issue. However, no bill try by our colleagues they have en- their prescribed medicines. Such a is perfect, and S. 1 clearly leaves much countered virtually the same reaction move would have been unconscionable, room for improvement. In the coming as did I with my seniors in Con- as 89 percent of all Medicare bene- weeks, I plan to work with my col- necticut: When are we going to get a ficiaries today are in the traditional leagues to specifically address concerns prescription drug benefit? When are we program. over the present bill’s lack of adequate going to get it under Medicare? And To force those beneficiaries to have provisions to ensure that those compa- will it be meaningful enough to make a to leave their present system of cov- nies presently providing their retirees difference in our lives? Over and over erage, and most likely the doctor they prescription drug coverage receive ade- and over again, in all parts of my have come to know and trust, would quate Federal support for their laud- State, this was the call that I received not only create great disruption, but it able efforts. Any measure that we from my constituents. would also, for the first time since the enact should be crafted so as to sup- At these forums, I heard from seniors program’s inception, create a tiered port, not supplant, the valuable efforts who literally could not afford to fill benefit system under Medicare that of employers already providing pre- prescriptions called for by their doc- would more greatly reward those who scription drug coverage for their retir- tors. I heard from elderly Medicare choose to join a private preferred pro- ees. beneficiaries forced to choose between vider organization or health mainte- Additionally, I remain concerned purchasing groceries or filling their nance organization over those who that the gap in coverage in the present S7970 CONGRESSIONAL RECORD — SENATE June 17, 2003 bill—the so-called donut hole—will Almost 38 years later, we face a simi- I suggest the absence of a quorum leave many Medicare beneficiaries fac- lar struggle of ensuring seniors access and ask unanimous consent that time ing high prescription drug costs with to modern medicine, this time in the thereunder be equally divided. no assistance at the very time when it form of prescribed medicines. The PRESIDING OFFICER (Mrs. may be needed most. These may be the So it is with a great sense of hope DOLE). That has been provided. people who are the most sick, under that I join the debate this afternoon. The clerk will call the roll. the most dire medical circumstances. Medicare’s nearly 41 million bene- The assistant legislative clerk pro- And if they were to reach that thresh- ficiaries clearly need assistance in af- ceeded to call the roll. old of approximately $4,500 in prescrip- fording their needed medicines. Our ef- Mrs. LINCOLN. Madam President, I tion drug costs, they will have to main- fort over the next 2 weeks will greatly ask unanimous consent that the order for the quorum call be rescinded. tain paying the premiums without re- determine to what extent we assist in The PRESIDING OFFICER. Without ceiving any benefit until they reach that effort. objection, it is so ordered. the upper limit of the gap, approxi- Clearly, a great opportunity is pres- CHILD CARE TAX CREDIT mately $5,800 in drug costs. This gap in ently before us. I look forward to work- Mrs. LINCOLN. Madam President, I coverage could provide a huge hardship ing with all of my colleagues on both am rising today to encourage my col- on literally hundreds of thousands of sides of the aisle, Republicans and leagues. I have gotten an under- Medicare beneficiaries. I hope we are Democrats, to ensure that we seize this opportunity. It may not come again. standing that the Republican leader- going to be able to close the so-called While the bill before us may be less ship will be meeting in the morning to donut hole, especially for those in the than perfect and the resources we are talk about the conference with the lower income category who can least limited to may not be as adequate as House on the opportunity we have to afford any gap in their coverage. we would like, we have an opportunity provide 12 million children in this I am also concerned that S. 1 fails to over the next couple of weeks to take country some help through the tax re- adequately protect Medicare bene- the legislation presented to us by the lief package that was passed in the ficiaries from the very understandable Finance Committee, to work on that Senate. confusion and uncertainty that may legislation and hopefully improve it in I also thank my Senate colleagues surround these beneficiaries just as several of the areas I have mentioned. for, in a resounding way, reaching out they begin to navigate the intricacies What greater gift could we give, 38 to this country and to those 12 million of a brand new program. Specifically, I years after Medicare’s creation, to re- children, as well as their working fami- am worried that, if enacted, the under- tirees and future generations of retir- lies, and saying we do believe it is im- lying bill would require Medicare bene- ees than to grant them access to this portant that the tax relief package we ficiaries choosing a prescription drug wave of new medicines and prescription provide be balanced both in its fiscal plan to stay with that plan for a min- drugs, that cannot only extend life but responsibility and in its ability to imum of 1 year. With the enactment of can substantially improve the quality reach out to all working families in such broad and sweeping changes to of life for people, which will give them this Nation and give them the relief so Medicare as S. 1 would provide, I am the opportunity to enjoy years of re- that they, too, will have the oppor- fearful that many Medicare bene- tirement with their children and tunity to be able to participate in ficiaries will face great uncertainty grandchildren and friends. Surely these stimulating the economy of the coun- trying to find the best plan to meet wonderful miracle drugs ought not to try. After all, that is what we are real- their particular medical needs. become the exclusive domain of only ly looking for, stimulating the econ- I believe we can greatly relieve this those who can afford to buy them. omy and making sure we are strength- uncertainty by allowing those initially Mr. President, I do not want to have ening our Nation. I think there is no choosing prescription drug plans for to face constituents in my State ever better place to go than to the working the first time the opportunity to move again who will report that they had to American families. from one plan to another as they deter- make a choice between putting food in So I encourage my colleagues today, mine what each plan will specifically their mouths or medicines that they as I come to the floor not to ask imme- offer and which plan best fits their own need; that they had to choose between diately but to request of the leader- needs. We ought to give our senior citi- the medicines they need because they ship, to really thoughtfully put to- zens that opportunity. All Medicare can’t afford all of them that the doc- gether what it is we need to do in order beneficiaries are not the same merely tors have prescribed, or that they re- to expedite moving to conference on because they have reached the same ject altogether the medicines that they this issue. I also plead with the Presi- age. They are under very different cir- have been prescribed because they dent that his efforts and opportunities cumstances with very different medical can’t afford them. We can’t do every- will certainly weigh in with the Mem- needs. We ought to show them the dig- thing for everyone, but it seems to me bers of the House, encouraging them to nity and respect they deserve as an providing a meaningful prescription move forward. They have already voted older generation to give them the abil- drug benefit that will really serve the in the House in a motion to instruct ity to choose the plan that serves their underprivileged in our society, particu- the conferees to the Senate position. needs best and not force them to have larly those age 65 and above, is some- This is something we can do, and do it to make decisions that may do them thing this Congress ought not to fail to quickly and in a very fiscally respon- great harm. do in its responsibilities. sible manner by paying for it. But we In the coming weeks I will offer sev- I look forward to the debate. I look can do something now that is going to eral amendments to the legislation forward, more than anything else, to help working families in the next sev- that will address these very specific voting for a package in the end that eral months. issues and possibly other ones as well. will do that which most of us would It is critical, as we move forward On July 30, 1965, President Lyndon like to see accomplished and seeing to with the previous tax package passed, Baines Johnson traveled to the Tru- it that the elderly will receive the full to provide relief to all Americans man Library in Independence, MO, to promise given to them back in 1965 across this great land by July 1, and sign the Medicare Program into law. In that a Medicare Program is going to be that we, too, recognize not only those attendance on that day was the former there for them, and this time we are precious 12 million children who are President of the United States, Harry going to include in the program cov- out there, but the working families S. Truman, 81 years of age at the time. erage for needed prescribed medicines. they are a part of, recognizing that On that day, President Johnson re- I commend those who have moved so these families are preparing in the late marked: diligently and worked so hard to bring summer to get their children ready to us to this very optimistic moment. I go back to school. They certainly could No longer will older Americans be denied the healing miracle of modern medicine. No am hopeful in the coming days we can use those resources in multitudes of longer will illness crush and destroy the sav- complete the job by adding some im- ways—bringing their families together, ings that they so carefully put away over a provements here and presenting a bill preparing their children for the school lifetime so that they might enjoy dignity in to the American public which they will year. We desperately want to make their latter years. applaud if we correctly do our job. sure that happens. June 17, 2003 CONGRESSIONAL RECORD — SENATE S7971 I encourage our Republican leader- at establishing an entitlement program plans and better options, and to keep ship to come together to visit on mov- today and go by the Medicare model, the costs low. ing forward in the conference, recog- this is something that none of our kids I will read a little bit of the editorial nizing that we have a tremendous re- and grandkids are going to be able to I read on the plane coming back to sponsibility not only to the economy of afford. Washington. It says: this Nation, particularly in strength- So if we keep in mind that 67 percent The bill that passed the Senate Finance ening our country, but, more impor- of the Medicare beneficiaries already Committee last week would cover just 50 per- tantly, to the future of the country. have some form of drug coverage— cent of the drug expenses between $276 and When you look at those who will be much of it is better than the proposal $4,500 annually, then zero up to $5,800, and 90 the future leaders of the workforce, the on the table now—many of these indi- percent thereafter. That’s nowhere near as individuals who will be there to con- viduals could lose this coverage if a good as many seniors currently have with employer-sponsored coverage. Most employ- tinue the great legacy of this land—the prescription drug benefit is added to ers will drop or scale back that coverage children of our country—we must give Medicare. once they realize that the feds are willing to those working families the opportunity CBO estimates that 37 percent of the pick up part of their tab. to take advantage of the same kind of beneficiaries with employer-based pre- That is human nature. That is what tax relief that other families are going scription drug coverage would lose that we are talking about. to be getting; they, too, have to take coverage. This accounts for 11 percent of the total Medicare population. The Congressional Budget Office estimates that opportunity to reinvest in this that 37 percent of those with employer cov- great country and, more importantly, Many pharmaceutical companies al- erage could lose it. in their families and their children. ready offer programs that give low-in- I ask unanimous consent that the en- So I encourage my colleagues, as well come seniors their prescription drugs tire article be printed in the RECORD at as the leadership on the other side, to for free or for reduced prices. If this the conclusion of my remarks. make sure that in the morning they bill is passes in this form, the compa- The PRESIDING OFFICER. Without will meet in a wholehearted fashion nies may eliminate these programs, objection, it is so ordered. looking for the opportunity we have forcing more people into the Medicare (See exhibit 1.) before us to be fair and balanced for rolls. Mr. INHOFE. We want something to the multitudes of children and working One might say, well, we can legislate happen. We know there are some plans families across this country. this and not allow them to do that. I, too, encourage the President to That solution is not going to work. out there that have been offered that weigh in on this issue. He has a tre- That would be an attempt to micro- take into consideration that we do not mendous opportunity to make a dif- manage the private sector, and that want one Government program that is ference, and I hope he will choose to do would not work. I do not think there is going to end up being an entitlement so. any Member of this Senate who, if they program. If it ends up the way it is I yield the floor and suggest the ab- owned a company that was giving away today, I am going to serve notice right sence of a quorum. free programs, then the Government now that after every effort we can The PRESIDING OFFICER. The came along and offered something, that make to pass amendments, if they do clerk will call the roll. they would continue that practice. not work and we end up with what we The assistant legislative clerk pro- That is exactly what would happen. have today, I am going to be opposing ceeded to call the roll. The need to get this legislation to this plan, and hopefully there will be Mr. INHOFE. Madam President, I ask the floor and passed by the end of June, several others who will do the same unanimous consent that the order for along with the need for bipartisan sup- thing. the quorum call be rescinded. port, has led to a series of compromises EXHIBIT 1 The PRESIDING OFFICER. Without that have resulted in a hodgepodge of a MEDICARE DRUG FOLLY objection, it is so ordered. bill. There are elements of this bill Runaway trains are hard to stop, but some- Mr. INHOFE. Madam President, I am that are not only bad policy but will one has to try and derail the bipartisan folly very concerned because what I see com- have a detrimental effect on the sys- now moving ahead under the guise of Medi- ing at us right now is a very fast train. tem as a whole; for instance, the exten- care ‘‘reform.’’ Permit us to put a few facts And that train is a giant giveaway en- sion of instant Medicaid benefits to il- on the table, in the (probably fanciful) hope titlement program. We might be in a that somebody in the White House still cares legal aliens, placing an additional bur- more about the long-run policy than the position to do something about now, den on Medicaid; loss of employer- short-term politics. but if we wait, we will not be able to do based benefits, thus expanding an al- Let’s start with the amusing irony that anything about it. ready large entitlement program. the supporters of this giant new prescription Medicare already accounts for rough- According to an editorial in the Wall drug benefit are many of the same folks who ly 12 percent of the Federal spending Street Journal yesterday, Monday, sen- were only recently moaning that a $350 bil- and will only grow as more and more iors already own 60 percent of all the lion tax cut would break the budget. That baby boomers retire. When Medicare wealth of the country and their worth tax cut will at least help the economy grow. was proposed in 1965—and I am one of is only increasing. We cannot continue But the new Medicare entitlement is nothing more than a wealth transfer (from younger the few people around old enough to re- to finance entitlement programs on the workers to retirees) estimated to cost $400 member that—I can recall the estimate backs of current American workers, billion over 10 years, and everyone knows of Medicare Part A that would cost $2.9 which is what this bill does. even that is understated. billion in 1970. This was 1965. The ac- The bill is not means tested. We are The real pig in the Medicare python tual expenditures in 1970 were $5.3 bil- giving multimillionaires, even billion- doesn’t hit until the Baby Boomers retire. lion, roughly twice what they were es- aires, the same benefit offered to sen- Social Security and Medicare Trustee Tom timating back in 1965. The estimate for iors on fixed incomes. In other words, Saving told us last week that the ‘‘present 1980 was $5.5 billion. This is Medicare the Bill Gateses and Warren Buffetts value’’ of the Senate plan—the value of the entire future obligation in today’s dollars—is now. The actual expenditures that year would get the same benefit as a retired something like two-thirds the size of the cur- totaled $25.6 billion. That is five times schoolteacher. rent $3.8 trillion in debt held by the public. the estimated amount. There is a need for Medicare reform Bill Clinton’s Medicare administrator, The predicted expenditures for 1990 to ensure the solvency and stability of Nancy-Ann DeParle, correctly calls it the were $9.1 billion, but the actual ex- the program. However, the current ‘‘biggest expansion of government health penses totaled $67 billion, nearly seven version of this bill does not meet those benefits since the Great Society.’’ She’s de- times the estimated amount. Cur- needs. lighted to see it, but for the rest of us it is rently, 76 percent of the Medicare bene- I look forward to working with my a recipe for tax increases as far as the eye ficiaries already have some form of colleagues to improve this legislation can see. And these estimates are before Democrats drug coverage. through amendments designed to en- ‘‘improve’’ the benefit, as they are already We have talked about the fact that courage employers to retain the drug agitating to do. That’s because the dirty se- something that is not broken does not coverage they currently offer, to allow cret of this bipartisan lovefest is that the need to be fixed. When we start looking seniors to take advantage of private proposed drug benefit isn’t all that great. S7972 CONGRESSIONAL RECORD — SENATE June 17, 2003 The bill that passed the Senate Finance care Improvement Act of 2003’’ will I have a simple answer to that ques- Committee last week would cover just 50% of protect beneficiaries in rural areas. tion. The new private drug plans cre- drug expenses between $276 and $4,500 annu- As we worked to develop S. 1, mem- ated in A. 1 are completely different ally, then zero up to $5,800, and 90% there- bers of the committee were especially from the Medicare+Choice model. after. We have learned from our experience That’s nowhere near as good as many sen- attuned to the concerns expressed by iors currently have with employer-sponsored some that private entities will be un- with Medicare+Choice and we have coverage. Most employers will drop or scale willing—or perhaps unable—to provide worked to ensure we do not repeat past back that coverage once they realize that services to Medicare beneficiaries liv- mistakes. the feds are willing to pick up part of their ing in rural communities. That is why Let me take this opportunity to ex- tab. The Congressional Budget Office esti- we included a number of safeguards to plain how the program will work. mates that 37% of those with employer cov- make certain that rural elderly and Our legislation establishes a new erage could lose it. disabled patients have access to the Center for Medicare Choices within the A Goldman Sachs analyst last week called Department of Health and Human this bill the ‘‘automaker enrichment act,’’ Medicare improvements made in S. 1. I cannot overstate how particularly Services. This new Center will be head- saying companies like Ford and GM would ed by an administrator who will over- see a 15% reduction in their annual drug important this is for my home state of spending and a huge decrease in unfunded li- Utah, since most of the 29 counties and see both the new drug plan and the new abilities. So unborn taxpayers will soon have 82,144 square miles in Utah are rural. Medicare Advantage program. to pick up the tab for sweetheart labor deals According to the 2000 Census, Utah’s To operate the prescription drug negotiated by carmakers and their unions a population density was only 27.2 per- plan, the new administrator will create generation or two ago. sons per square mile, roughly one third at least 10 regions throughout the Understood in these terms, a universal country. These regions must be at least drug benefit is neither necessary nor morally of the national average of 79.6 persons per square mile. the size of a State. justifiable. Some 76% of seniors already have If beneficiaries remain in the tradi- So I am very interested in seeing to some prescription drug coverage, as the tional Medicare program, they may re- nearby chart shows. The average Medicare it that Medicare beneficiaries in rural ceive pharmaceutical assistance beneficiary spends an affordable $999 a year areas—whether they are in Utah or for through a new stand-alone program out of pocket on prescription drugs, and less that matter in the State of New York, certified by the Government to provide than 5% have out of pocket expenses over I want to make sure these beneficiaries coverage in that region. S. 1 requires $4,000. get a fair shake. Seniors already own 60% of all the wealth that at least two stand-alone drug There is no question that the Medi- in this country, and are getting richer. A re- plans would be offered to Medicare care beneficiaries who live in these port in Health Affairs estimates that by 2030 beneficiaries in each region. about half will have incomes of $40,000 and rural communities—towns and small Now some may ask, ‘‘How does that about 60% will have assets of $200,000 or cities like Moab, St. George, Green ensure rural Medicare beneficiaries more. We’re all for a prosperous old age, but River, Blanding, Beaver and Vernal— will have access to prescription drugs it is hardly a step toward social justice for deserve access to the same services comfortable retirees to be further subsidized distributed by private companies? How that are available to Medicare bene- is this different from the by working taxpayers with mortgages and ficiaries living in Salt Lake City, or for kids. The problem of genuinely poor seniors Medicare+Choice HMOs?’’ can be handled with a drug discount card or that matter, New York City. The answer is this. a means-tested subsidy. I cannot criticize colleagues who are The Medicare+Choice program is or- We understand, of course, that these facts concerned that the new private sector- ganized by counties. In other words, are unlikely to interfere with the political oriented delivery mechanisms we have Medicare+Choice plans can choose to calculus driving this giant step toward Cana- designed in S. 1 may not be available to offer coverage in one county, but not in dian health care. The Democrats want to ex- beneficiaries in rural areas. That being another. pand the welfare state, while Republicans said, I want to provide assurances to These plans may ‘‘cherry pick,’’ or have convinced themselves that they’ll get my colleagues that the Committee credit with seniors and be able to take choose to operate in the more lucrative health care off the table for 2004. worked hard to design a plan that areas, ignoring the less profitable ones. The Republicans are fooling themselves in would protect the elderly and disabled For example, they can offer coverage the long run, and perhaps even about next who reside in rural areas. in suburban counties where the cost of year. Republicans can never win an entitle- Indeed, it is not surprising that criti- doing business might be lower or in ment bidding war. They will spend the rest cisms have been expressed that there counties where, for one reason or an- of their public lives sounding like Scrooge could be gaps in coverage in rural areas other, Medicare beneficiaries are for not expanding benefits, or raising taxes given the experience with healthier. on their own voters to pay for the subsidies, Medicare+Choice and Medicare HMOs. or imposing price controls on drug makers Under the new program, plans offer- that will stifle innovation. This is how par- These Medicare+Choice plans were ing stand-alone prescription drug cov- ties of the right became me-too socialists in established with the intent of pro- erage will not be able to cherry pick in Europe. viding Medicare beneficiaries through- this way, because they must operate in The sheepish support for this from the out the country with access to both all areas of a much larger region. likes of otherwise conservative Senators traditional Medicare and If a plan wants to offer coverage in Rick Santorum and Mitch McConnell gives Medicare+Choice plans. Salt Lake City, it will be required to the game away. They’re playing loyal spin- Unfortunately, it has not worked out offer coverage in St. George, Moab, ners, but their heart doesn’t seem to be in it. that way. For a variety of reasons, the They’re going along for the ride with a Re- Beaver, Vernal, and Green River. In publican White House that seems to have companies responsible for these plans order to provide coverage in Salt Lake forgotten that it has an obligation to more found that they could not offer services City, a plan will be required to offer than its own re-election. in all areas. coverage in every county and every Mr. INHOFE. I suggest the absence of Not surprisingly, many of the com- community and to every Medicare ben- a quorum. munities that were left without access eficiary in Utah. That is true of other The PRESIDING OFFICER. The to these HMOs are in rural areas. states and their rural problems as well. clerk will call the roll. I am particularly sensitive to this, I am naturally talking about my own The assistant legislative clerk pro- because Utah is one of those States in home State of Utah but it applies ceeded to call the roll. which the Medicare+Choice plan oper- throughout the country. Mr. HATCH. Madam President, I ask ated for one year and then chose to dis- We envision these regions, in many unanimous consent the order for the continue. cases, encompassing more than one quorum call be rescinded. This was a great disappointment to state, and combining rural areas and The PRESIDING OFFICER. Without all—beneficiaries, the provider, and the urban areas. objection, it is so ordered. Government alike. Medicare+Choice does not work this Mr. HATCH. Madam President, I So I, among all others, find it com- way. And so, we have designed the would like to take this opportunity to pletely understandable that there may plans envisioned under S. 1 based on discuss a particular interest of mine: be a question about whether the plans the lessons learned with how the ‘‘Prescription Drug and Medi- will be available in rural communities. Medicare+Choice. June 17, 2003 CONGRESSIONAL RECORD — SENATE S7973 Another criticism some in this body that private plans are slow to begin choices, but it only works when all op- have voiced relates to the concern that providing service in their area. tions are expected to participate under prescription drugs might be available Some in this body argue that if the the same rules. in a predominantly rural region, but fallback option is so attractive we In S. 1, we included the government with higher premiums for Medicare should make it available all the time fallback as a safety net to ensure that beneficiaries living in rural areas. to anyone who wants it. Indeed, these every senior or disabled beneficiary has Once again, the concept of regions colleagues argue that this so-called access to prescription drug coverage, addresses this issue. Plans will be re- ‘‘permanent fallback’’ should be offered but it is a fallback of last resort. And quired to charge the same premium for to beneficiaries in addition to the pri- that is because even the Congressional an option throughout the region. vate stand-alone drug plans that would Budget Office estimates that it is a Let me add, however, that this does be offered to those Medicare bene- more costly, less efficient model to de- not ensure premiums will be identical ficiaries remaining in traditional Medi- liver care. between regions. care. I urge my colleagues to remember This important issue was raised dur- While this may sound attractive at these points when the Senate considers ing the Finance Committee’s consider- first, it is not. an amendment that would make the ation of this legislation by my friend Making the fallback plan a perma- fallback plan a permanent option under and colleague, Senator OLYMPIA nent option will undermine the very the stand-alone drug plans. SNOWE. structure upon which we have built S. Let me make one thing perfectly In order to address this very valid 1. clear. The stand-along benefit offered concern, our legislation gives the Sec- Not only would it drastically in- under Medicare Part D will not be the retary of Health and Human Services crease costs—thus pushing the bill over only way in which Medicare bene- the discretion to make adjustments in the $400 billion 10-year limit—it would ficiaries in rural areas can obtain pre- geographic regions so there will not be also be a disincentive for private plans scription drug coverage. a large discrepancy in Medicare pre- to enter the market. In addition, the Medicare Advantage scription drug premiums across the I will oppose any amendment that plans—including the current HMOs and new preferred provider organizations, country. will make the fallback plan permanent. Other may wonder why we establish First and foremost, including a per- called PPOs—will offer beneficiaries regions at all. Why not have a single manent fallback plan creates an un- comprehensive, integrated coverage, including coverage for hospital serv- premium throughout the country and even playing field. ices, outpatient care, and prescription private entities would bid to provide The government fallback is a non- risk bearing entity which means that drugs. prescription drugs nationwide? Private sector entities will bid to be- One reason we did choose this ap- it will operate in regions without any come one of three PPO plans in a re- proach is that only a few private enti- risk for gains or losses. The govern- gion. ties are currently able to provide na- ment pays the fallback plan for the ad- And, HMOs can continue to contract tionwide coverage. Limiting competi- ministrative costs associated with de- to provide all Medicare services—in- tion to those few companies would nei- livering the drug benefit. cluding drugs—for a county. ther ensure beneficiaries the best pre- If we make the fallback plan perma- My Finance Committee colleagues scription drug prices nor a significant nent, we are basically requiring pri- and I have worked very hard to provide choice among coverage options. vately delivered drug plans, which are appropriate incentives to encourage The approach we have chosen is one at least partially responsible for bear- the preferred provider organizations to that ensures beneficiaries will have ac- ing the risk of delivering this benefit, participate in every region and in cess to prescription drug coverage. It to enter this same market and compete every State, whether they are predomi- provides for competition, and mini- with these government fallback plans. nantly rural or urban. However, if for mizes regional differences in bene- I think this is not only unfair, but it some reason, PPOs decide not to bid in ficiary premium costs. also sets up our drug plan for failure. a specific region, the beneficiaries in But some may still wonder whether There isn’t a private health plan out these regions still will have the option private plans will choose to enter pre- there that will enter such a lopsided to obtain prescription drug coverage dominantly rural States or regions? market where we give their competi- through traditional Medicare and the My Finance Committee colleagues tors such a large financial advantage. new Medicare Part D plans that I de- and I have worked hard to ensure that In addition, including a permanent scribed earlier. plans have the appropriate incentives fallback plan will add billions of dol- The bill that we approved in com- to participate in all 50 states. lars to the cost of this bill because we mittee provides options for Medicare Even so, no one can guarantee with will be relying, at least partially, on an beneficiaries in urban and rural areas complete certainty that private pre- inefficient, more costly government- to obtain prescription drugs through scription drug plans will choose to op- style delivery system to provide bene- traditional Medicare and the new Part erate in all of the States all of the ficiaries with drug coverage. D prescription drug program, or time. When the Senate was debating the through the new Medicare Advantage For this reason, we worked very hard Medicare prescription drug issue last program with its comprehensive health to make certain there is a safety net, a year, this was one of the biggest criti- care coverage plans. ‘‘fallback’’ plan that would provide cisms against the drug benefit plan of- Furthermore, the ‘‘Prescription Drug seniors with the coverage they need in fered by our colleague from Florida, and Medicare Improvement Act of the event only one or even no private Senator GRAHAM. 2003’’ ensures all Medicare beneficiaries sector plans enter a region. The Graham drug benefit plan cre- that prescription drug coverage will be If only one plan, or even if no plans, ated a one-size-fits-all drug benefit de- available even if private entities are are willing to offer stand-alone pre- livered by the federal government. This unable to provide the coverage in their scription drug coverage within a re- is not what Medicare beneficiaries region. gion, the government will enter into an want. Beneficiaries want choice in drug This legislation is preferable to pre- annual contract with an entity to pro- coverage. They do not want to be vious bills we have considered, because vide a prescription drug fallback plan. forced into government-run plans and it provides Medicare beneficiaries with This fallback plan would be given a offered a one-size fits all benefit. more choices and more comprehensive one year contract to offer the standard The intent of S. 1 is to introduce a coverage. It provides private entities drug plan to all Medicare Part D bene- new model to deliver care to Medicare with more incentives to cover rural ficiaries in the region. The fallback beneficiaries. communities, and it assures Medicare plan will be an insurance policy pro- We are harnessing the efficiencies beneficiaries who live in those rural vided by the federal government to en- and quality of a private-delivery sys- communities that they will have access sure that Medicare beneficiaries in tem in order to offer Medicare bene- to prescription drug coverage. rural communities have prescription ficiaries a meaningful drug benefit. Just think of what we are doing here. drug coverage available in the event This drug benefit will include multiple We have a drug benefit that will begin S7974 CONGRESSIONAL RECORD — SENATE June 17, 2003 January 1, 2006, and it is a voluntary tion, that it should help to keep costs RELEASE OF AUNG SAN SUU KYI program. down. But, most importantly, we be- Mr. MCCAIN. Mr. President, I am We will issue a prescription drug card lieve all seniors should have a right to pleased to note that, thanks to the ef- which will be offered to beneficiaries prescription drug benefits, and this forts of millions of people all over the from January 1, 2004, through at least plan will give it to them. world, ASEAN, in a radical departure January 1, 2006, 6 months after the pre- We will have lots of crying and moan- from their previous practice, has called scription drug benefit plan is imple- ing and groaning about different ideas for the release of Aung San Suu Kyi. I mented. The prescription drug plan around here, some of which I might thank the Senator for his sponsorship will be implemented on January 1, 2004. like just as much as what we have in of the legislation that I think may The drug benefit with the Medicare here, but we could not get them done. have had some beneficial effect. We ob- Part D is a Medicare Program. At least So we have come together in the art of viously don’t know all the factors that two stand-alone drug plans must be of- the doable to get a bill that literally went into it, except to note also that fered in each region. All Medicare gives both sides of these options a people all over the world have been beneficiaries will be able to partici- chance to be able to excel and do better aroused on behalf of this great and pate. Those who remain in traditional for our senior citizens. That is impor- truly good person. I thank the Senator Medicare will have a drug benefit equal tant. That is real important. This bill from Kentucky for his efforts on her to those who go into the new Medicare is important. It is the first time in his- behalf. Advantage Program, formerly known tory we have done this. Frankly, a $400 Mr. MCCONNELL. I thank the Sen- as Medicare+Choice. Beneficiaries will billion bill over 10 years is a very im- ator from Arizona. I think he is the be offered either standard drug cov- portant bill that will do an awful lot of only person I know who has actually erage or drug coverage that is an actu- good for our seniors and for those who been in the presence of Suu Kyi. I am arial equivalent to the standard drug really are hard up in our society and sure the Senator shares my view that plan. Either drug plan will be available for those who have to do without food the mere act of letting her out is a long to those remaining in traditional Medi- or split their pills or do any number of way from where the two of us hope care or those who begin the Medicare things in order to be able to get the they will end up. Advantage Program, this new program. medications they need. What the junta needs to do is a lot The national average of monthly pre- I am proud of this bill. Each one of us more than simply end the house arrest, miums for the drug benefit will be $35 probably could, if we were dictators, but give her and her duly elected party per month in 2006. All drug plans will come up with what we think might an opportunity to assume the power have mandatory deductibles and bene- even be a better bill. But, fortunately, that they won 13 years ago in an honest ficiary out-of-pocket cost-sharing lim- that isn’t the way this representative election. So it is a step in the right di- its. republic works. We have to work with- rection. I am sure my friend from Ari- Every beneficiary will have a choice in the framework of the Congress. zona agrees that we have a long way to between three prescription drug plans. Sometimes that is a messy, mixed up, go. The Medicare Advantage Program will sometimes very inefficient method of Mr. MCCAIN. I thank the Senator. offer either a PPO option or an HMO legislating, but, in the end, this coun- Mr. MCCONNELL. Mr. President, I option. A stand-alone drug benefit will try has survived because we have the was just going to wrap up. I see my be offered to beneficiaries remaining in greatest form of government in the his- friend from Alaska here. How long does traditional Medicare. A maximum of tory of the world. And this process, as the Senator expect to speak? three Medicare Advantage PPO plans sloppy as it might be from time to time Mr. STEVENS. I really could not say. will be offered per region. They will is bringing about a bill that will do an Mr. MCCONNELL. May I do the wrap- compete for the opportunity and the awful lot of good for an awful lot of up and then allow the Senator from privilege of serving the people in that seniors in our society at a time when Alaska to make his comments? The particular region. Health and Human they need it the most. wrap-up is rather short, I believe. Services will certify all of these drug I just hope we can reduce the number Mr. STEVENS. May I inquire, did the plans before they are offered to Medi- Senator from Kentucky just cosponsor care beneficiaries. In any event, they of amendments and get this bill passed as soon as we can, get together with that amendment? will be offered to all Medicare bene- Mr. MCCONNELL. No. Mr. President, the House in a conference, and, of ficiaries, seniors and disabled. I did not cosponsor the amendment. We course, come up with a final package I was a member of the tripartisan were just talking about Burma. Sen- that, hopefully, will even be improved group last year that put forth the ator MCCAIN and I were talking about that will take us throughout this next tripartisan plan. Had we not done that, Burma. The expression on the face of century in a way that will protect our we wouldn’t be as far along today as we the Senator from Alaska was one of seniors and those who have suffered for are. I have to say I was proud to be a alarm. I want to reassure him that I want of pharmaceutical prescription member of that tripartisan plan, along certainly did not cosponsor the resolu- drugs. with Senators GRASSLEY, SNOWE, tion. BREAUX, and JEFFORDS. There were five I yield the floor. f of us. We took on that assignment, and The PRESIDING OFFICER (Mr. AL- we came up with a lot of ideas that EXANDER). The Senator from Arizona. MORNING BUSINESS have been improved upon in this bill. Mr. MCCAIN. Mr. President, I ask Mr. MCCONNELL. Mr. President, I This was a very important bill. unanimous consent to address the Sen- ask unanimous consent that the Sen- There is no easy solution in these ate as in morning business. ate proceed to a period for morning areas. In spite of the desire of some to The PRESIDING OFFICER. Without business. have simple private sector solutions, objection, it is so ordered. The PRESIDING OFFICER. Without those are not in the cards with the objection, it is so ordered. (The remarks of Mr. MCCAIN per- votes we have in the Senate today or in taining to the submission of S. Res. 173 f the near future, I have to say as well. are printed in today’s RECORD under This bill is as close as we can go to- LET’S NOT FORGET CAMBODIA ‘‘Statements on Submitted Resolu- wards having two completely different Mr. McCONNELL. Mr. President, tions.’’) but nevertheless useful options: tradi- Secretary of State Colin Powell is in tional Medicare for those who do not The PRESIDING OFFICER. The Sen- Phnom Penh, Cambodia, for an annual want to leave, but this new Medicare ator from Kentucky is recognized. ASEAN meeting. There are many Advantage for those who really want to Mr. MCCAIN. Mr. President, I note issues he needs to pursue with ASEAN try something different where they the presence of the Senator from Ken- members, including, most urgently, may have advantageous benefits over tucky. I ask unanimous consent to en- support for the struggle for freedom in time. gage him in a 2- or 3-minute dialog. Burma. We believe the competition fostered The PRESIDING OFFICER. Without Also pressing is the fate of democ- by this bill is going to be good competi- objection, it is so ordered. racy in Cambodia. Secretary Powell June 17, 2003 CONGRESSIONAL RECORD — SENATE S7975 must be clear to all Cambodian demo- KINGDOM OF CAMBODIA, two vivid recent examples of the leg- crats that the United States stands June 13, 2002. endary support and assistance that it firmly and publicly with them in our COLIN L. POWELL, provides for the families of members of common cause of democracy and the Secretary of State, our Armed Forces when their loved U.S. Department of State, Washington, DC. rule of law. Secretary Powell should c/o HE Mr. CHARLES RAY, ones are serving away from home. make it a point to meet with the demo- U.S. Ambassador, The USO is rightly renowned for the crats during his short stay in Phnom U.S. Embassy, Phnom-Penh, Cambodia. joy, the comfort, and the happiness it Penh. DEAR SECRETARY POWELL: I would like to has brought to our troops and their take this opportunity to express my appre- It is in America’s national interest, families over the years. It is truly an ciation for your statement calling for the American treasure, as it has shown and that of Cambodia, that new leader- immediate release of Aung San Suu Kyi and ship—firmly committed to trans- once again in its extraordinary support increased pressure on Burma’s military for two Massachusetts families during parency, accountability and justice—is junta. The struggle led by Suu Kyi is an in- elected in upcoming parliamentary spiration to all those who live in fear under the recent war in Iraq. Under the leadership of executive di- elections next month. repressive regimes, and to those who fight everyday for freedom and democracy. I rector Alice Harkins, the USO of New The ruling Cambodian People’s proudly join you in the call for the release of England came to the aid of Sergeant Party, CPP, and its earlier manifesta- Aung San Suu Kyi and hope that you will Vanessa Turner who became critically tions have had an opportunity—nearly use the opportunity of your visit to Cam- ill in Iraq while serving in Operation a quarter of a century—to develop that bodia for the ASEAN Regional Forum to Enduring Freedom. Upon the onset of country. Their records is unimpressive, press for an end to the suffering of the Bur- her illness, SGT Turner was flown back at best. Crimes are committed with im- mese people. to Germany and to the community she punity, corruption is endemic and ex- The fate of Aung Sun Suu Kyi and Burma’s democracy is indelibly linked to the future left. Sergeant Turner’s 15-year-old tends to the highest office, and lawless- success of the ASEAN region. The transition daughter Brittany was left in Germany ness provides a breeding ground for ter- from communism and military dictatorship while her mother was deployed to Iraq. rorism and other criminal activities. to democracy would bring untold political, Brittany remained strong, finishing Under CPP Prime Minister Hun Sen’s economic and cultural benefits to one of the the school year while visiting her leadership, opposition rallies have been most diverse and potentially dynamic re- mother in the hospital in Landstuhl, gions in the world. In this context your Germany. SGT Turner’s family in attacked by grenade-throwing terror- statement that those who oppress democracy ists, a coalition government disinte- must not be allowed to prevail has particular Roxbury, MA, was desperate to fly to grated in a coup d’etat, and govern- resonance. her bedside and to comfort Brittany. ment-paid gangsters, the Pagoda Boys, In Cambodia, we are struggling to end en- The USO of New England came to the caused $50 million worth of damage in demic poverty, reduce appalling illiteracy rescue, arranging for SGT Turner’s anti-Thai riots that were fueled by Hun rates and to provide basic nutritional needs mother, sister, and brother to fly to Sen’s reckless nationalistic comments. to our children. This struggle is made all the Landstuhl, Germany. According to more difficult by a government more com- Secretary Powell should temper his Alice Harkins, this was ‘‘an easy re- mitted to consolidating its own power than quest. Their children are our responsi- comments praising the Cambodian to the welfare of its people. While offering a Government for cracking down on ter- facade of progress and stability to donors bility; if the service members know rorism. The reason terrorists are on and the international community, the gov- that the community is taking care of Cambodian soil is because of the very ernment has used fear and violence to sup- their children, then they can relax.’’ In the second case, the Armours fam- lawlessness perpetuated by the CPP. port a lucrative patronage system, exploit our natural resources and suppress opposi- ily in Athol, MA, was devastated to Hun Sen has swatted a few flies re- tion voices. It was just today that the latest learn that Specialist Jamvis Armours cently, but is directly responsible for victim, a garment worker protesting low had been critically wounded in Iraq and leaving the screen door wide open. A wages and poor factory conditions, was shot had been flown to the Washington Hos- more serious response to terrorism in and killed by government riot police as they pital Center in Washington, DC. Prob- the region is freedom and the rule of cracked down on a peaceful demonstration. lems arose in getting SP Armours’ wife law for the Cambodian people. Unlike in Burma, the Cambodian people will have the opportunity to go to the polls and children to the hospital. Again, the While in Phnom Penh, Secretary in July to change their leadership. They USO came to the rescue. They assisted Powell must push for free and fair elec- must be allowed to do so in an environment the family financially and emotionally, tions in July. Opposition parties must free from fear and intimidation. But already and Alice Harkins actually drove from not be denied access to media or the we have seen that the current government is Boston toward Athol to see them and ability to conduct rallies, demonstra- willing to sue the tools of fear and violence to ensure that they had all they needed tions, and other forms of free expres- to suppress the Cambodian people’s desire for freedom and democracy. This year’s elec- for the trip. Going the extra mile is sion. Secretary Powell must make toral process is already flawed by biased what makes the USO so widely admired clear to Hun Sen that a single, addi- elections commission, restrictions on voter throughout our country and by all the tional political killing is one too registration, restrictive media access and members of our Armed Forces wher- many, and that the election will be ongoing intimidation of opposition activists. ever they serve. judged by international standards— The potential for democracy in Cambodia is I commend the USO of New England which, contrary to the Prime Min- being thwarted by this government and it in all it does so well, and for dem- ister’s thinking, is not reserved only must realize that, ‘‘its actions will not be al- onstrating in these two cases that its for sports competition. lowed to stand.’’ As you prepare to participate in the helping hand is always there when its Let me close by saying that it has ASEAN Regional Forum in Phnom Penh help is needed most. come to my attention that the ASEAN next week, I trust that you will continue to (At the request of Mr. DASCHLE, the meeting is taking place at the Inter- provide a strong and leading voice for the re- following statement was ordered to be continental Hotel, which is owned by lease of Aung San Suu Kyi. At the same printed in the RECORD.) ∑ Theng Bunma—a suspected Cambodian time, I ask that you use the same strong Mr. KERRY. Mr. President, since its voice to advocate for credible elections in inception, the United Service Organiza- drug king pin and self-described fin- Cambodia—elections that reflect the true ancier of the 1997 coup. This epitomizes tion what we all know as the USO has will of the Cambodian people. worked to bring a piece of home to the all that is wrong in Cambodia today. Sincerely, members of our armed forces wherever SAM RAINSY, Mr. President, I ask that a letter they may find themselves. From Bob from Cambodian opposition leader Sam Leader of Parliamentary Opposition, Kingdom of Cambodia. Hope’s legendary tours to the latest Rainsy to Secretary Powell calling for f cyber-canteens that allow service Suu Kyi’s immediate release be printed members to stay in contact with fam- in the RECORD following my remarks. UNITED SERVICES ORGANIZATION ily and friends via email, the USO There being no objection, the mate- Mr. KENNEDY. Mr. President, I wel- works tirelessly to provide simple rial was ordered to be printed in the come this opportunity to pay tribute pleasures to those who venture into RECORD, as follows: to the United Services Organization for harm’s way. S7976 CONGRESSIONAL RECORD — SENATE June 17, 2003 As the population of the armed forces and I introduced the Local Law En- ever, Trev belatedly learned that a has changed, so too have the services forcement Act, a bill that would add major part of his brain had to be re- offered by the USO. Today, this great new categories to current hate crimes moved, leaving him with only half the organization provides childcare serv- law, sending a signal that violence of vision in both of his eyes. ices for kids whose parents are de- any kind is unacceptable in our soci- Once having a good career as a voice- ployed, travel assistance for the family ety. over artist, Trev now struggles with of wounded service members, prepaid I would like to describe a terrible the results of his injuries every day phone cards, the ever-popular celebrity crime that occurred in Germantown, and finds it difficult to read even the tours, and countless other services for MD. A 16-year-old Arab-American girl simplest sentence. He has returned our troops and their families. was physically attacked by a group of home to his old apartment, but he will Recently, my staff and the staff of unknown young adults on the Campus never be able to return to his old life. Senator KENNEDY had very close con- of Montgomery College on September Yet Trev is an inspiration and a hero tact with the personnel and services of 14, 2001. This was the first of three hate to his family and friends back home, the USO through its New England of- crimes targeting the student and her and particularly to other gay men and fices in Boston. Several weeks ago, our family. On September 21, her family lesbians who see this heinous crime as staff was contacted by the family of an was out driving when unknown assail- a personal attack on their community. American soldier who had become ants threw a firecracker in front of Los Angeles’ gay and lesbian commu- gravely ill in Iraq. She had been evacu- their car. On September 28, vandals nity even came together and protested ated to the American hospital at smashed the rear window of the fam- the county district attorney’s decision Landstuhl, Germany, where doctors de- ily’s minivan while it was parked in not to file hate crime charges against termined she was near death. She was front of their home. the men suspected of beating Trev. Al- so ill that her doctors ordered her I believe that government’s first duty though the West Hollywood sheriff’s medically retired, making her daugh- is to defend its citizens, to defend them station, which investigated the case, ter eligible for retirement benefits. But against the harms that come out of initially filed State hate crime that reclassification also meant that hate. The Local Law Enforcement En- charges, the district attorney’s office the Army could no longer pay for her hancement Act is a symbol that can chose not to file hate crimes enhance- family’s travel to Germany to be at her become substance. I believe that by ments in the case. bedside. That decision, made for all the passing this legislation and changing And, unfortunately, the limitations right reasons, had the unintentional current law, we can change hearts and of current Federal hate crimes law pre- and regrettable consequence of bring- minds as well. vent it from helping Trev because it ing only more grief to a family already f does not extend basic civil rights pro- grappling with the prospect of losing tections to every American—only to a RALLY AGAINST HATE their loved one. few and under certain circumstances. And that is when USO-New England Mrs. FEINSTEIN. Mr. President, I Congress should expand the ability of and its director, Alice Harkins, got in- wish to acknowledge the efforts of my the Federal Government to investigate volved. When the situation was ex- colleagues and many others partici- hate crimes, and it should expand the plained to her, Alice replied simply, pating in the Rally Against Hate on ability to prosecute anyone who would ‘‘We’re going to do this. This is why we Capitol Hill today. target victims because of hate. exist.’’ And, as promised, the USO-New The rally has been organized by Sen- We can, and must, do more to pre- England found the money and paid for ators EDWARD KENNEDY and GORDON vent these types of hateful threats and the soldier’s family to travel to Ger- SMITH, along with the Human Rights acts of violence, and passing The Local many. Campaign and its coalition partners, to Law Enforcement Enhancement Act Alice Harkins and her capable staff show support and build momentum for would do just that. at USO-New England represent the best passage of Federal hate crimes legisla- The Local Law Enforcement En- of us. Through their vigorous efforts, tion, ‘‘The Local Law Enforcement En- hancement Act would: expand current their determination, and their simple hancement Act.’’ Federal protections against hate desire to help those who serve in our Also participating in the rally today crimes based on race, religion, and na- military, they inspire us all. They are is a very brave and amazing con- tional origin; amend the criminal code people who recognize what’s right, and stituent of mine, Trev Broudy. Trev is to cover hate crimes based on gender, who show their love of country and a handsome 34-year old actor from sexual orientation, and disability; au- their love for those who serve with West Hollywood, CA, and he is also the thorize grants for State and local pro- deeds as well as words. victim of a hate crime motivated by grams designed to combat and prevent The USO receives no financial sup- his sexual orientation. hate crimes; and enable the Federal port from the U.S. Government. Its On September 1, 2003, Trev was hug- Government to assist State and local success is due to the countless volun- ging and saying goodbye to his friend, law enforcement in investigating and teers who contribute time and energy Teddy Ulett, on the street in West Hol- prosecuting hate crimes. for the men and women of the Armed lywood when two men jumped out of a Enacting the Local Law Enforcement Forces in times of war and peace and car without warning and began swing- Enhancement Act is long overdue. It is the generosity of sponsors who make ing at Trev’s head with a baseball bat necessary for the safety and well-being its operation possible. and an iron pipe. of millions of Americans. Until it is en- I know I express the sentiment of the After the attack, Trev was rushed to acted, many hate crime victims and Senate and current and former mem- Cedars-Sinai Medical Center where their families may not receive the jus- bers of the Armed Forces when I say doctors cleaned away pieces of skull tice they deserve. thank you, USO, for your efforts to from the back of his head and pieced Efforts to enact this legislation have bring a slice of home to those on the together other parts of skull that had received strong bipartisan support in frontlines and for remembering their been crushed. He was then placed in an the past, and the Local Law Enforce- families while they are away. We induced coma for over a week to guard ment Enhancement Act now has 48 co- should all aspire to make such a con- against swelling of his brain. sponsors in the Senate. We just have tribution. Fortunately, the people of Today, Trev looks and sounds fine, not been able to get it to the Presi- the USO, people like Alice Harkins, do. although he will never fully recover dent’s desk for consideration. And we can all be grateful.∑ from the attack. He has said, ‘‘People Today, I ask all of my colleagues to f assume because I look all right and I’m rally against hate by working to en- healthy and I’m walking and I’m talk- sure that this legislation is not simply LOCAL LAW ENFORCEMENT ACT ing, I’m all better, but I’m not.’’ supported but actually passed and OF 2003 When Trev finally left the hospital— signed into law. Let us send a message Mr. SMITH. Mr. President, I speak 10 weeks after the attack—he thought to all Americans that we will no longer about the need for hate crimes legisla- his injuries would eventually heal and turn a blind eye to hate crimes in this tion. On May 1, 2003, Senator KENNEDY he would soon return to work. How- country. June 17, 2003 CONGRESSIONAL RECORD — SENATE S7977 ADDITIONAL STATEMENTS 1800s and the emergence of steam that time, leaders of the International power. The expanded use of steam Union took this objective to grow this power during this era had a profound small group of local unions to over 120 TRIBUTE TO GREG BUCKNER effect on the industrial sector leading local unions and a membership in ex- ∑ Mr. BUNNING. Mr. President, I to better heated and more efficient fac- cess of 20,000. honor and pay tribute to one of Ken- tories and plants, improved working On July 16, 1915, General President tucky’s finer athletes. Greg Buckner, a conditions, and the creation of thou- Joseph Mullaney organized and deliv- Hopkinsville native, was inducted into sands of new manufacturing jobs. ered Local Charter No. 42 to the Wil- the Kentucky All-Star Hall of Fame for The widespread use of steam power mington, DE, Asbestos Workers. Tem- his distinguished accomplishments as a also created an entirely new industry— porary officers were elected and on basketball player throughout his high the insulation industry. Skilled insula- July 26, 1915, forty permanent officers school, college, and professional ca- tion mechanics were needed to insulate were elected. Mr. R.E. Mahan was reers. steam boilers in an effort to conserve elected as president and N.K. Whaler As a member of the University the precious energy being piped to resi- was elected as secretary. Meetings Heights Academy basketball team dential and industrial facilities. The were held at the Irish-American Hall from 1991–1994, Greg led the Blazers to insulation mechanics who provided this on French Street every Monday. Local numerous victories including their craftsmanship worked almost totally No. 42 began with just thirty members first State basketball title in 1992 and without organized representation. By in 1915, with wages averaging $0.32 per a game winning record of 30–6 his sen- the end of the 19th century, a few local- hour. ior year. At the completion of Greg’s ized associations attempted to look After World War II, the International high school career, he participated in after the interests of their members in Union’s growth and prosperity was the Kentucky-Indiana High School All- specific cities. tempered by frightening new evidence Star Game. Greg distinguished himself The first attempt to form a national that confirmed long-held suspicions by in this contest relieving the Kentucky bond between insulators associations the International Union’s leadership. team of a 54–39 halftime deficit during came in 1900, when the Salamander As- Workers who were exposed to asbestos the first of two games. Unfortunately, sociation of New York sent out an ap- died in disproportionate numbers from Kentucky lost that first game but peal to related crafts in other cities to cancer. Since this evidence was proven, would redeem itself later during the form a ‘‘National Organization of Pipe the union has fought for passage of new second game held in Indianapolis. Greg and Boiler Covers.’’ The initial appeal safety and health laws to help protect not only relieved Kentucky of a 16 did spark interest, and 2 years later a its members as well as the public. The point halftime deficit but made a jump much more decisive action was taken Environmental Protection Agency has shot with 6.5 seconds remaining to win by the officers and members of the Pipe banned the use of asbestos in the insu- the game, 75–73. Cover’s Union, of St. Louis, MO. lation industry in the United States. It The experience of the Kentucky-Indi- The St. Louis group sent out an an- has also been banned from use in many ana High School All-Star game would nouncement that it had affiliated with other products as well. The Inter- benefit Greg Buckner for many years the National Building Trades Council national Union continues to provide its to come. Greg embraced the high de- of America, and invited other pipe members with education and training mands inherent of the all-star game coverer unions and related trades to with the latest state-of-the-art work demonstrating the mental and physical join with them in the pursuit of better practices in the handling of any and all abilities necessary to achieve success working conditions, pay that was com- materials used in the industry. at the college and professional levels of mensurate with their skills, and the Since 1915, Local No. 42 has grown to basketball. It was no surprise that strength that comes from unity. The include some 130 active members and Greg’s leadership benefitted Clemson first appeal of unity was sent to tar- approximately 100 retired members. during his college career culminating geted cities where other asbestos work- Today, the president, Jeff Smith, helps with a trip to the Elite Eight during ers already were enjoying the benefits lead the way in protecting asbestos the 1998 NCAA Tournament. Upon of union affiliation such as New York, workers’ rights as well as their health. being drafted by the Dallas Mavericks, Chicago, Cleveland, and Detroit. In all, Through its long and proud history, Greg established himself as a strong seven local unions from around the Na- the Asbestos Workers International defensive player and valuable re- tion responded favorably, and the hard Union and Local No. 42 have never bounder. He is now a member of the work of laying the foundation for an shied away from adversity or allowed Philadelphia 76ers. international union was begun. negative factors to impede the achieve- I am proud of Greg Buckner for his With the St. Louis union leading the ment of those admirable goals set out dedication and achievements on and off way, the interested locals met for their in the international charter of 1910. the court. His example of devotion, first convention on July 7, 1903, in the Through the determination and com- teamwork and leadership should be city of St. Louis. The results of that mitment of their leaders and members, emulated by athletes throughout Ken- inaugural convention were impressive; the International Union and Local #42 tucky and across America. I thank the a constitution was drafted and ap- continues to strive for employment op- Senate for allowing me to recognize proved; bylaws were adopted; the first portunities, equality in the work place, Greg and voice his praises.∑ president was elected, Thomas Ken- continuing education, and the safety f nedy from Chicago; and a formal name and well being of the membership.∑ was adopted, the National Association f IN RECOGNITION OF THE 88th AN- of Heat, Frost and General Insulators NIVERSARY OF THE ASBESTOS and Asbestos Workers of America. On MASTER SERGEANT ANTHONY WORKERS LOCAL No. 42 September 22, 1903, the American Fed- PRYOR ∑ Mr. CARPER. Mr. President, I rise eration of Labor issued an official ∑ Mr. BUNNING. Mr. President, I today to commemorate the 88th anni- charter designating the Asbestos Work- honor and pay tribute to one of our Na- versary of the Asbestos Workers Local ers as a national union. tion’s most courageous and admirable No. 42. The International Association The goals of the new International heroes. MSG Anthony Pryor, stationed of Heat and Frost Insulators and Asbes- Union were spelled out in the charter: at Fort Campbell, KY, was awarded the tos Workers and the Local 42 have ‘‘The object of the International Asso- Silver Star for his role in a deadly bat- fought for better working conditions, ciation of Heat and Frost Insulators tle in Afghanistan last year. The Silver health protection, employee rights, and and Asbestos Workers shall be to assist Star is the third highest military to garner better wages for their mem- its membership in securing employ- honor, given for valor and gallantry in bers. They should be recognized for the ment, to defend their rights, and ad- combat. The inimitable leadership and work that they do. vance their interests as working men; bravery of MSG Pryor deserves com- The International Association of and by education and cooperation raise mendation of the highest regard. Heat and Frost Insulators and Asbestos them to that position in society to On January 25, 2002, MSG Pryor and Workers Union dates back to the late which they are justly entitled.’’ Since four other soldiers of the 5th Special S7978 CONGRESSIONAL RECORD — SENATE June 17, 2003 Forces Group were deployed north of announced that the House has passed Periodic Reports (2126–AI66) (3235–AI79)’’ re- Kandahar for a night mission. While al- the following bill, in which it requests ceived on June 5, 2003; to the Committee on Qaida and Taliban fighters slept, they the concurrence of the Senate: Banking, Housing, and Urban Affairs. EC–2750. A communication from the Chair- were assigned to take over an old H.R. 2312, An act to amend the communica- man, Federal Reserve Board, transmitting, schoolhouse building serving as an tions Satellite of 1962 to provide for the or- pursuant to law, the report relative to the enemy compound. The mission turned derly dilution of the ownership interest in observed trends in the cost and availability deadly when the enemies awoke and Inmarsat by former signatories to the of retail banking services, received on June began to shoot, compelling MSG Pryor Inmarsat Operating Agreement. 4, 2003; to the Committee on Banking, Hous- and his team to return fire. f ing, and Urban Affairs. During the battle MSG Pryor was hit EC–2751. A communication from the Acting ENROLLED BILLS AND JOINT in the shoulder and fell to the ground, General Counsel, Office of the General Coun- RESOLUTION SIGNED sel, FEMA, Department of Homeland Secu- losing his night vision goggles. In the rity, transmitting, pursuant to law, the re- hand-to-hand combat that ensued in The following enrolled bills and joint port of a rule entitled ‘‘Changes in Flood the dark, MSG Pryor managed to kill resolution, previously signed by the Elevation Determination 68 FR 22618 (Doc his attacker. A total of 21 Taliban and Speaker of the House, were signed on FEMA–P–7622)’’; to the Committee on Bank- al-Qaida soldiers were killed, and one today, June 16, 2003, by the President ing, Housing, and Urban Affairs. was detained. Most importantly, none pro tempore (Mr. STEVENS). EC–2752. A communication from the Acting of the Special Forces soldiers were H.R. 1625. An act to designate the facility General Counsel, Office of the General Coun- sel, FEMA, Department of Homeland Secu- killed. of the United States Postal Service located at 1114 Main Avenue in Clifton, New Jersey, rity, transmitting, pursuant to law, the re- In a ceremony delayed for over a year port of a rule entitled ‘‘Changes in Flood because of his deployment to Iraq, as the ‘‘Robert P. Hammer Post Office Build- ing’’. Elevation Determinations 68 FR 22616 (DOC, MSG Pryor exhibited unparalleled hu- S. 763. An act to designate the Federal FEMA–D–7537)’’; to the Committee on Bank- mility. Throughout the battle his con- building and United States courthouse lo- ing, Housing, and Urban Affairs. EC–2753. A communication from the Acting cern was primarily for the welfare of cated at 46 Ohio Street in Indianapolis, Indi- General Counsel, Office of the General Coun- his fellow soldiers, and this sentiment ana, as the ‘‘Birch Bayh Federal Building sel, FEMA, Department of Homeland Secu- and United States Courthouse’’. is echoed in MSG Pryor’s insistence rity, transmitting, pursuant to law, the re- S.J. Res. 8. A joint resolution expressing that the Silver Star award be a reflec- port of a rule entitled ‘‘Final Flood Ele- the sense of Congress with respect to raising tion of the deeds of the entire com- vation Determinations 68 FR 22620 (44 CFR awareness and encouraging prevention of pany. 67)’’; to the Committee on Banking, Housing, sexual assault in the United States and sup- and Urban Affairs. MSG Anthony Pryor is a paragon of porting the goals and ideals of National Sex- EC–2754. A communication from the Acting honor, bravery, and valor. His remark- ual Assault Awareness and Prevention General Counsel, Office of the General Coun- able service to this country should be Month. admired by all Americans. He is a trib- sel, FEMA, Department of Homeland Secu- f rity, transmitting, pursuant to law, the re- ute to the U.S. Army and Fort Camp- port of a rule entitled ‘‘Final Flood Ele- bell. I thank the Senate for allowing MEASURE REFERRED vation Determinations 68 FR 22622 (44 CFR me to recognize MSG Pryor and extol The following bill was read the first 67)’’; to the Committee on Banking, Housing, his praises.∑ and the second times by unanimous and Urban Affairs. f consent, and referred as indicated: EC–2755. A communication from the Acting General Counsel, Office of the General Coun- MESSAGES FROM THE HOUSE H.R. 2254. An act to designate the facility sel, FEMA, Department of Homeland Secu- of the United States Postal Service located At 11:20 a.m., a message from the rity, transmitting, pursuant to law, the re- at 1101 Colorado Street in Boulder City, Ne- port of a rule entitled ‘‘Suspension of Com- House of Representatives, delivered by vada, as the ‘‘Bruce Woodbury Post Office munity Eligibility 68 FR 23408 (44 CFR 64— Ms. Niland, one of its reading clerks, Building’’; to the Committee on Govern- Doc. FEMA–7807’’; to the Committee on announced that the House has passed mental Affairs. Banking, Housing, and Urban Affairs. the following bill, without amendment: f EC–2756. A communication from the Assist- S. 703, An act to designate the regional ant General Counsel, Regulations, Office of headquarters building for the National Park ENROLLED BILL AND JOINT Housing, Department of Housing and Urban Service under construction in Omaha, Ne- RESOLUTION PRESENTED Development, transmitting, pursuant to law, braska, as the ‘‘Carl T. Curtis National Park the report of a rule entitled ‘‘Appraiser Qual- The Secretary of the Senate reported ification for Placement on FHA Single Fam- Service Midwest Regional Headquarters that on today, June 17, 2003, she had Building’’. ily Appraiser Roster (2502–AH59) (FR–4620–F– presented to the President of the 02)’’; to the Committee on Banking, Housing, The message also announced that the United States the following enrolled and Urban Affairs. House has passed the following bill, in bill and joint resolution: EC–2757. A communication from the Dep- which it requests the concurrence of S. 763. An act to designate the Federal uty Chief Counsel, Office of Foreign Assets the Senate: building and United States courthouse lo- Control, Department of the Treasury, trans- H.R. 2254, An act to designate the facility cated at 46 Ohio Street in Indianapolis, Indi- mitting, pursuant to law, the report of a rule of the United States Postal Service located ana, as the ‘‘Birch Bayh Federal Building entitled ‘‘31 CFR part 594—Global Terrorism at 1101 Colorado Street in Boulder City, Ne- and United States Courthouse’’. Sanctions Regulations’’ received on June 3, vada, as the ‘‘Bruce Woodbury Post Office S.J. Res. 8. A joint resolution expressing 2003; to the Committee on Banking, Housing, Building’’. the sense of Congress with respect to raising and Urban Affairs. EC–2758. A communication from the Direc- awareness and encouraging prevent of sexual The message further announced that tor, Office of Congressional and Legislative assault in the United States and supporting the House has agreed to the following Affairs, transmitting, pursuant to law, the the goals and ideals of National Sexual As- report of a draft bill entitled ‘‘Resolve Cer- concurrent resolution, in which it re- sault Awareness and Prevention Month. quests the concurrence of the Senate: tain Trust Fund Accounting Discrepancies H. Con. Res. 220, Concurrent resolution f within the Individual Indian Money Invest- commending Medgar Wiley Evers and his ment Pool, and for other purposes’’ received EXECUTIVE AND OTHER on June 3, 2003; to the Committee on Indian widow, Myrlie Evers-Williams, for their lives COMMUNICATIONS and accomplishments. Affairs. The following communications were EC–2759. A communication from the Assist- The message also announced that laid before the Senate, together with ant Secretary, Occupational Safety and pursuant to 44 U.S.C. 2702, the Minority Health Administration, Department of accompanying papers, reports, and doc- Leader appoints the following indi- Labor, transmitting, pursuant to law, the re- uments, and were referred as indicated: vidual to the Advisory Committee on port of a rule entitled ‘‘29 CFR 1980, Proce- the Records of Congress for a term of 2 EC–2749. A communication from the Assist- dures for Handling of Discrimination Com- years: Mr. Joseph Cooper of Baltimore, ant Secretary, Division of Corporate Fi- plaints under Section 806 of the Corporate nance, Securities and Exchange Commission, and Criminal Fraud Accountability Act of Maryland. transmitting, pursuant to law, the report of 2002, Title VIII of the Sarbanes-Oxley Act of At 2:15 p.m., a message from the a rule entitled ‘‘Management’s Report on In- 2002 (1218–AC10)’’ received on June 9, 2003; to House of Representatives, delivered by ternal Control Over Financial Reporting and the Committee on Health, Education, Labor, Ms. Niland, one of its reading clerks, Certification of Disclosure in Exchange Act and Pensions. June 17, 2003 CONGRESSIONAL RECORD — SENATE S7979 EC–2760. A communication from the Direc- a rule entitled ‘‘Ports Designed for Expor- EC–2784. A communication from the Para- tor, Regulations Policy and Management, tation of Livestock; Portland, OR (02–127–1)’’; legal, Federal Transit Administration, De- Department of Health and Human Services, to the Committee on Agriculture, Nutrition, partment of Transportation, transmitting, transmitting, pursuant to law, the report of and Forestry. pursuant to law, the report of a rule entitled a rule entitled ‘‘Change of Address; Tech- EC–2771. A communication from the Con- ‘‘Bus Testing’’ (RIN2132–AA30) received on nical Amendment’’ received on June 9, 2003; gressional Review Coordinator, Policy and June 9, 2003; to the Committee on Banking, to the Committee on Health, Education, Program Development, Animal and Plant In- Housing, and Urban Affairs. Labor, and Pensions. spection Service, Department of Agriculture, EC–2785. A communication from the Para- EC–2761. A communication from the Board transmitting, pursuant to law, the report of legal, Federal Transit Administration, De- Members, Railroad Retirement Board, trans- a rule entitled ‘‘Asian Longhorn Beetle; partment of Transportation, transmitting, mitting, pursuant to law, the 2003 annual re- Quarantined Areas and Regulated Articles pursuant to law, the report of a rule entitled port on the financial status of the railroad (03–018–1)’’; to the Committee on Agriculture, ‘‘Buy America Requirements: Amendment to unemployment insurance system, received Nutrition, and Forestry. Certification Procedures’’ (RIN2132–AA62) re- on June 11, 2003; to the Committee on EC–2772. A communication from the Direc- ceived on June 9, 2003; to the Committee on Health, Education, Labor, and Pensions. tor, Regulatory Review Group, Department Banking, Housing, and Urban Affairs. EC–2762. A communication from the Prin- of Agriculture, transmitting, pursuant to EC–2786. A communication from the Assist- cipal Deputy Associate Administrator, Envi- law, the report of a rule entitled ‘‘2002 Farm ant Secretary for Legislative Affairs, De- ronmental Protection Agency, transmitting, Bill—Conservation Reserve Program—Long partment of State, transmitting, pursuant to pursuant to law, the report of a rule entitled Term Policy (0560–AG74)’’; to the Committee law, a report concerning the International ‘‘Imidacloprid; Pesticide Tolerance (FRL on Agriculture, Nutrition, and Forestry. Labour Conference; to the Committee on 7310–8)’’; to the Committee on Agriculture, EC–2773. A communication from the Direc- Foreign Relations. Nutrition, and Forestry. tor, Regulatory Review Group, Department EC–2787. A communication from the Under EC–2763. A communication from the Prin- of Agriculture, transmitting, pursuant to Secretary of Defense, Personnel and Readi- cipal Deputy Associate Administrator, Envi- law, the report of a rule entitled ‘‘Bienergy ness, transmitting, the report of retire- ronmental Protection Agency, transmitting, Program (0560–AG84)’’; to the Committee on ments, received on June 8, 2003; to the Com- pursuant to law, the report of a rule entitled Agriculture, Nutrition, and Forestry. mittee on Armed Services. ‘‘Glyphosate; Pesticide Tolerance (FRL 7308– EC–2774. A communication from the Chair- EC–2788. A communication from the Dep- 8)’’; to the Committee on Agriculture, Nutri- man of the Council of the District of Colum- uty Chief of Naval Operations, Manpower tion, and Forestry. bia, transmitting, pursuant to law, the re- and Personnel, Department of Defense, EC–2764. A communication from the Prin- port of D.C. Act 15–94, ‘‘Inspector General transmitting, pursuant to law, conversion to cipal Deputy Associate Administrator, Envi- Qualifications Amendment Act of 2003’’; to contractor performance by 68 Department of ronmental Protection Agency, transmitting, the Committee on Governmental Affairs. Defense Civilian Employees; to the Com- pursuant to law, the report of a rule entitled EC–2775. A communication from the Sec- mittee on Armed Services. ‘‘Bacillius Pumilus Strain QST2808; Tem- retary of Energy, transmitting pursuant to EC–2789. A communication from the Assist- porary Exemption From the Requirement of law, the report of the Office of Inspector ant Secretary for Legislative Affairs, De- a Tolerance (FRL 7301–1)’’; to the Committee General for the period of October 1, 2002 to partment of State, transmitting, pursuant to on Agriculture, Nutrition, and Forestry. March 31, 2003; to the Committee on Govern- law, the Department’s Fleet Alternate Fuel EC–2765. A communication from the Con- mental Affairs. Vehicle Program Report for Fiscal Year 2002; gressional Review Coordinator, Policy and EC–2776. A communication from the Direc- to the Committee on Energy and Natural Re- Program Development, Animal and Plant In- tor, Office of Personnel Management, trans- sources. spection Service, Department of Agriculture, mitting, pursuant to law, a report con- EC–2790. A communication from the Assist- transmitting, pursuant to law, the report of cerning the Federal Student Loan Repay- ant Secretary of the Interior, Bureau of a rule entitled ‘‘Hot Water Dip Treatment ment Program for Fiscal Year 2002; to the Land Management, Office of Hearings and for Mangoes (02–026–5)’’; to the Committee on Committee on Governmental Affairs. Appeals, transmitting, pursuant to law, the Agriculture, Nutrition, and Forestry. EC–2777. A communication from the Dis- report of a rule entitled ‘‘Special Rules Ap- EC–2766. A communication from the Con- trict of Columbia Auditor, transmitting, a plicable of Public Land Hearings and Ap- gressional Review Coordinator, Policy and report concerning 4800 Addison Road; to the peals; Grazing Administration-Exclusive of Program Development, Animal and Plant In- Committee on Governmental Affairs. Alaska, Administrative Remedies; Grazing spection Service, Department of Agriculture, EC–2778. A communication from the Chair- Administration-Effect of Wildfire Manage- transmitting, pursuant to law, the report of man of the National Endowment for the ment Decisions; Administration of Forest a rule entitled ‘‘Movement and Important of Arts, transmitting, pursuant to law, the re- Management Decisions’’ received on June 5, Fruits and Vegetables (00–059–2)’’; to the port of the Office of the Inspector General, 2003; to the Committee on Energy and Nat- Committee on Agriculture, Nutrition, and and the Chairman’s Semiannual Report for ural Resources. Forestry. the period of October 1, 2002 through March EC–2791. A communication from the Gen- EC–2767. A communication from the Con- 31, 2003; to the Committee on Governmental eral Counsel, Federal Energy Regulatory gressional Review Coordinator, Policy and Affairs. Commission, transmitting, pursuant to law, Program Development, Animal and Plant In- EC–2779. A communication from the Dep- the report of a rule entitled ‘‘Emergency Re- spection Service, Department of Agriculture, uty Archivist of the United States, National construction of Interstate Natural Gas Fa- transmitting, pursuant to law, the report of Archives and Records Administration, trans- cilities Under the Natural Gas Act’’ (Doc. a rule entitled ‘‘Phytosanitary Certificates mitting, pursuant to law, the report of a rule No. RM03–4–000, AD02–14–000) received on for Imported Articles of Pelagonium spp. and entitled ‘‘NARA Facilities; Phone Numbers’’ June 5, 2003; to the Committee on Energy Solanum spp.o Prevent Introduction of Po- (RIN3095–AB20) received on June 4, 2003; to and Natural Resources. tato Brown Rot (03–019–1)’’; to the Com- the Committee on Governmental Affairs. EC–2792. A communication from the Assist- mittee on Agriculture, Nutrition, and For- EC–2780. A communication from the Direc- ant Secretary for Legislative Affairs, De- estry. tor, Office of Personnel Management, trans- partment of State, transmitting, pursuant to EC–2768. A communication from the Con- mitting, a draft of proposed legislation enti- law, the report of a rule entitled ‘‘Docu- gressional Review Coordinator, Policy and tled ‘‘Federal Employees Pay for Perform- mentation of Nonimmigrants Under the Im- Program Development, Animal and Plant In- ance Act of 2003’’; to the Committee on Gov- migration and Nationality Act, As Amended- spection Service, Department of Agriculture, ernmental Affairs. Additional International Organization’’ transmitting, pursuant to law, the report of EC–2781. A communication from the Sec- (RIN1400–AB53) received on June 9, 2003; to a rule entitled ‘‘Exotic Newcastle Disease; retary of Housing and Urban Development, the Committee on the Judiciary. Removal of Areas from Quarantine (02–117– transmitting, pursuant to law, the Depart- EC–2793. A communication from the Chief 6)’’; to the Committee on Agriculture, Nutri- ment’s Performance and Accountability Re- of the Regulations Branch, Bureau of Cus- tion, and Forestry. port for Fiscal Year 2002; to the Committee toms and Border Protection, Department of EC–2769. A communication from the Con- on Governmental Affairs. Homeland Security, transmitting, pursuant gressional Review Coordinator, Policy and EC–2782. A communication from the In- to law, the report of a rule entitled ‘‘Cus- Program Development, Animal and Plant In- spector General, Railroad Retirement Board, toms Broker License Examination Dates’’ spection Service, Department of Agriculture, transmitting, pursuant to law, the Semi- (RIN1515–AD28) received on June 3, 2003; to transmitting, pursuant to law, the report of annual Report of the Office of the Inspector the Committee on the Judiciary. a rule entitled ‘‘Exotic Newcastle Disease; General for the period of October 1, 2002 EC–2794. A communication from the Direc- Additions to Quarantines Area (02–117–7)’’; to through March 31, 2003; to the Committee on tor, Office of Science and Technology Policy, the Committee on Agriculture, Nutrition, Governmental Affairs. Executive Office of the President, transmit- and Forestry. EC–2783. A communication from the Chair, ting, pursuant to law, a report concerning EC–2770. A communication from the Con- Railroad Retirement Board, transmitting, visas; to the Committee on the Judiciary. gressional Review Coordinator, Policy and pursuant to law, the report of the Office of EC–2795. A communication from the Assist- Program Development, Animal and Plant In- the Inspector General for the period of Octo- ant Attorney General, Office of Legislative spection Service, Department of Agriculture, ber 1, 2002 through March 31, 2003; to the Affairs, Department of Justice, transmit- transmitting, pursuant to law, the report of Committee on Governmental Affairs. ting, a draft of proposed legislation entitled S7980 CONGRESSIONAL RECORD — SENATE June 17, 2003 ‘‘Department of Justice Appropriations Au- WARDS, Mr. REED, Mrs. CLINTON, Mrs. companies and national banks from en- thorization Act, Fiscal Years 2004 and 2005’’; MURRAY, Mr. BINGAMAN, Mr. DODD, gaging, directly or indirectly, in real to the Committee on Governmental Affairs. and Mr. HARKIN): estate brokerage or real estate man- EC–2796. A communication from the Ad- S. 1273. A bill to provide for a study to en- agement activities, and for other pur- ministrator, Transportation Security Ad- sure that students are not adversely affected ministration, Department of Transportation, by changes to the needs analysis tables, and poses. transmitting, pursuant to law, a report on to require the Secretary of Education to con- S. 480 less than lethal weapons; to the Committee sult with the Advisory Committee on Stu- At the request of Mr. HARKIN, the on Commerce, Science, and Transportation. dent Financial Assistance regarding such name of the Senator from Indiana (Mr. f changes; to the Committee on Health, Edu- BAYH) was added as a cosponsor of S. cation, Labor, and Pensions. REPORTS OF COMMITTEES 480, a bill to provide competitive grants By Mr. KENNEDY (for himself, Mr. for training court reporters and closed MCCAIN, Mr. BAYH, Ms. MIKULSKI, and The following reports of committees captioners to meet requirements for were submitted: Mr. ROCKEFELLER): S. 1274. A bill to reauthorize and reform realtime writers under the Tele- By Mr. LOTT, from the Committee on the national service laws; to the Committee communications Act of 1996, and for Rules and Administration: on Health, Education, Labor, and Pensions. other purposes. Special Report entitled ‘‘Authorizing Ex- By Mr. LUGAR (by request): S. 493 penditures by Committees of the Senate, S. 1275. A bill to establish a comprehensive with respect to S. Res. 66’’ (Rept. No. 108–73). At the request of Mrs. LINCOLN, the federal program to provide benefits to U.S. name of the Senator from South Da- f victims of international terrorism, and for kota (Mr. JOHNSON) was added as a co- EXECUTIVE REPORTS OF other purposes; to the Committee on Foreign Relations. sponsor of S. 493, a bill to amend title COMMITTEES XVIII of the Social Security Act to au- f The following executive reports of thorize physical therapists to evaluate committees were submitted: SUBMISSION OF CONCURRENT AND and treat Medicare beneficiaries with- By Ms. COLLINS for the Committee on SENATE RESOLUTIONS out a requirement for a physician re- Governmental Affairs. The following concurrent resolutions ferral, and for other purposes. *Terrence A. Duffy, of Illinois, to be a and Senate resolutions were read, and S. 610 Member of the Federal Retirement Thrift In- referred (or acted upon), as indicated: At the request of Mr. VOINOVICH, the vestment Board for a term expiring October name of the Senator from Alaska (Mr. 11, 2003. By Mr. MCCONNELL (for himself and STEVENS) was added as a cosponsor of *Terrence A. Duffy, of Illinois, to be a Mrs. DOLE): Member of the Federal Retirement Thrift In- S. Res. 172. A resolution honoring the life S. 610, a bill to amend the provisions of vestment Board for a term expiring October of media reporting giant David Brinkley, and title 5, United States Code, to provide 11, 2007. expressing the deepest condolences of the for workforce flexibilities and certain *Michael J. Garcia, of New York, to be an Senate to his family on his death; considered Federal personnel provisions relating Assistant Secretary of Homeland Security. and agreed to. to the National Aeronautics and Space By Mr. MCCAIN (for himself, Mr. KYL, *C. Stewart Verdery, Jr., of Virginia, to be Administration, and for other pur- Mr. SESSIONS, and Mr. FEINGOLD): an Assistant Secretary of Homeland Secu- poses. rity. S. Res. 173. A resolution to amend Rule *Susanne T. Marshall, of Virginia, to be XVI of the Standing Rules of the Senate S. 617 Chairman of the Merit Systems Protection with respect to new or general legislation At the request of Mr. LIEBERMAN, the Board. and unauthorized appropriations in general name of the Senator from Maryland *Neil McPhie, of Virginia, to be a Member appropriations bills and amendments there- (Mr. SARBANES) was added as a cospon- of the Merit Systems Protection Board for to, and new or general legislation, unauthor- sor of S. 617, a bill to provide for full the term of seven years expiring March 1, ized appropriations, new matter, or non- germane matter in conference reports on ap- voting representation in Congress for 2009. the citizens of the District of Colum- *Albert Casey, of Texas, to be a Governor propriations Acts, and unauthorized appro- of the United States Postal Service for a priations in amendments between the Houses bia, and for other purposes. term expiring December 8, 2009. relating to such Acts, and for other purposes; S. 678 *James C. Miller III, of Virginia, to be a to the Committee on Rules and Administra- At the request of Mr. AKAKA, the Governor of the United States Postal Service tion. name of the Senator from Utah (Mr. for the term expiring December 8, 2010. f BENNETT) was added as a cosponsor of *Nomination was reported with rec- ADDITIONAL COSPONSORS S. 678, a bill to amend chapter 10 of ommendation that it be confirmed sub- title 39, United States Code, to include ject to the nominee’s commitment to S. 1 postmasters and postmasters organiza- respond to requests to appear and tes- At the request of Mr. GRASSLEY, the tions in the process for the develop- tify before any duly constituted com- names of the Senator from Maine (Ms. ment and planning of certain policies, mittee of the Senate. SNOWE) and the Senator from Utah schedules, and programs, and for other (Mr. HATCH) were added as cosponsors f purposes. of S. 1, a bill to amend title XVIII of S. 736 INTRODUCTION OF BILLS AND the Social Security Act to make im- At the request of Mr. ENSIGN, the JOINT RESOLUTIONS provements in the Medicare program, name of the Senator from Missouri The following bills and joint resolu- to provide prescription drug coverage (Mr. TALENT) was added as a cosponsor tions were introduced, read the first under the Medicare program, and for of S. 736, a bill to amend the Animal and second times by unanimous con- other purposes. Welfare Act to strengthen enforcement sent, and referred as indicated: S. 22 of provisions relating to animal fight- By Mr. LEAHY (for himself, Mr. At the request of Mr. DASCHLE, the ing, and for other purposes. INOUYE, and Mr. BINGAMAN): name of the Senator from New Jersey S. 780 S. 1271. A bill to enhance the criminal pen- (Mr. LAUTENBERG) was added as a co- At the request of Mr. LOTT, the name alties for illegal trafficking of archeological sponsor of S. 22, a bill to enhance do- of the Senator from Montana (Mr. BAU- resources, and for other purposes; to the mestic security, and for other pur- Committee on Energy and Natural Re- CUS) was added as a cosponsor of S. 780, sources. poses. a bill to award a congressional gold By Mr. CORZINE (for himself, Mr. S. 98 medal to Chief Phillip Martin of the BAYH, Mrs. CLINTON, and Mr. KEN- At the request of Mr. ALLARD, the Mississippi Band of Choctaw Indians. NEDY): names of the Senator from Georgia S. 888 S. 1272. A bill to amend the Occupational (Mr. CHAMBLISS) and the Senator from At the request of Mr. GREGG, the Safety and Health Act of 1970 to modify the Missouri (Mr. TALENT) were added as name of the Senator from Indiana (Mr. provisions relating to citations and pen- alties; to the Committee on Health, Edu- cosponsors of S. 98, a bill to amend the BAYH) was added as a cosponsor of S. cation, Labor, and Pensions. Bank Holding Company Act of 1956, and 888, a bill to reauthorize the Museum By Mr. KENNEDY (for himself, Mr. the Revised Statutes of the United and Library Services Act, and for other DASCHLE, Mr. JEFFORDS, Mr. ED- States, to prohibit financial holding purposes. June 17, 2003 CONGRESSIONAL RECORD — SENATE S7981 S. 894 permanent tributes to America’s vet- abilities Education Act, and for other At the request of Mr. WARNER, the erans. purposes. name of the Senator from Georgia (Mr. S. 1110 S. CON. RES. 55 CHAMBLISS) was added as a cosponsor of At the request of Mr. BINGAMAN, the At the request of Ms. SNOWE, the S. 894, a bill to require the Secretary of name of the Senator from Massachu- name of the Senator from Oregon (Mr. the Treasury to mint coins in com- setts (Mr. KERRY) was added as a co- WYDEN) was added as a cosponsor of S. memoration of the 230th Anniversary sponsor of S. 1110, a bill to amend the Con. Res. 55, a concurrent resolution of the United States Marine Corps, and Trade Act of 1974 to provide trade ad- expressing the sense of the Congress re- to support construction of the Marine justment assistance for communities, garding the policy of the United States Corps Heritage Center. and for other purposes. at the 55th Annual Meeting of the S. 896 S. 1121 International Whaling Commission. At the request of Mrs. MURRAY, the At the request of Mr. BAUCUS, the S. RES. 119 name of the Senator from Massachu- name of the Senator from California At the request of Ms. COLLINS, the setts (Mr. KENNEDY) was added as a co- (Mrs. FEINSTEIN) was added as a co- name of the Senator from Washington sponsor of S. 896, a bill to establish a sponsor of S. 1121, a bill to extend cer- (Mrs. MURRAY) was added as a cospon- public education and awareness pro- tain trade benefits to countries of the sor of S. Res. 119, a resolution express- gram relating to emergency contracep- greater Middle East. ing the sense of the Senate that there tion. S. 1166 should be parity among the countries S. 939 At the request of Ms. COLLINS, the that are parties to the North American At the request of Mr. HAGEL, the names of the Senator from Alaska (Mr. Free Trade Agreement with respect to name of the Senator from South Da- STEVENS) and the Senator from Hawaii the personal exemption allowance for kota (Mr. JOHNSON) was added as a co- (Mr. AKAKA) were added as cosponsors merchandise purchased abroad by re- sponsor of S. 939, a bill to amend part of S. 1166, a bill to establish a Depart- turning residents, and for other pur- B of the Individuals with Disabilities ment of Defense national security per- poses. Education Act to provide full Federal sonnel system and for other purposes. S. RES. 153 funding of such part, to provide an ex- S. 1186 At the request of Mrs. MURRAY, the ception to the local maintenance of ef- At the request of Mr. EDWARDS, the name of the Senator from New Mexico fort requirements, and for other pur- name of the Senator from Louisiana (Mr. BINGAMAN) was added as a cospon- poses. (Mr. BREAUX) was added as a cosponsor sor of S. Res. 153, a resolution express- S. 976 of S. 1186, a bill to provide for a reduc- ing the sense of the Senate that At the request of Mr. WARNER, the tion in the backlog of claims for bene- changes to athletics policies issued name of the Senator from California fits pending with the Department of under title IX of the Education Amend- (Mrs. FEINSTEIN) was added as a co- Veterans Affairs. ments of 1972 would contradict the sponsor of S. 976, a bill to provide for S. 1200 spirit of athletic equality and the in- the issuance of a coin to commemorate tent to prohibit sex discrimination in At the request of Ms. CANTWELL, the the 400th anniversary of the James- names of the Senator from California education programs or activities re- town settlement. ceiving Federal financial assistance. (Mrs. BOXER), the Senator from Massa- S. 982 chusetts (Mr. KERRY) and the Senator S. RES. 164 At the request of Mr. SANTORUM, the from Connecticut (Mr. LIEBERMAN) At the request of Mr. ENSIGN, the name of the Senator from Kansas (Mr. were added as cosponsors of S. 1200, a name of the Senator from California BROWNBACK) was added as a cosponsor bill to provide lasting protection for (Mrs. FEINSTEIN) was added as a co- of S. 982, a bill to halt Syrian support inventoried roadless areas within the sponsor of S. Res. 164, a resolution re- for terrorism, end its occupation of National Forest System. affirming support of the Convention on Lebanon, stop its development of weap- S. 1222 the Prevention and Punishment of the ons of mass destruction, cease its ille- Crime of Genocide and anticipating the At the request of Mr. NELSON of Ne- commemoration of the 15th anniver- gal importation of Iraqi oil, and hold braska, the names of the Senator from Syria accountable for its role in the sary of the enactment of the Genocide New Jersey (Mr. CORZINE) and the Sen- Middle East, and for other purposes. Convention Implementation Act of 1987 ator from New Jersey (Mr. LAUTEN- (the Proxmire Act) on November 4, S. 982 BERG) were added as cosponsors of S. 2003. At the request of Mr. HARKIN, his 1222, a bill to amend title XVIII of the name was added as a cosponsor of S. Social Security Act to require the Sec- f 982, supra. retary of Health and Human Services, STATEMENTS ON INTRODUCED S. 1001 in determining eligibility for payment BILLS AND JOINT RESOLUTIONS At the request of Mrs. MURRAY, her under the prospective payment system By Mr. LEAHY (for himself, Mr. name was added as a cosponsor of S. for inpatient rehabilitation facilities, INOUYE, and Mr. BINGAMAN): 1001, a bill to make the protection of to apply criteria consistent with reha- S. 1271. A bill to enhance the crimi- women and children who are affected bilitation impairment categories estab- nal penalties for illegal trafficking of by a complex humanitarian emergency lished by the Secretary for purposes of archaeological resources, and for other a priority of the United States Govern- such prospective payment system. purposes; to the Committee on Energy ment, and for other purposes. S. 1226 and Natural Resources. S. 1091 At the request of Mrs. CLINTON, the Mr. LEAHY. Mr. President, I rise At the request of Mr. DURBIN, the name of the Senator from Rhode Island today to introduce the Enhanced Pro- names of the Senator from Massachu- (Mr. CHAFEE) was added as a cosponsor tection of Our Cultural Heritage Act. setts (Mr. KERRY) and the Senator from of S. 1226, a bill to coordinate efforts in This legislation was reported last year Oregon (Mr. SMITH) were added as co- collecting and analyzing data on the by the Energy Committee, and I hope sponsors of S. 1091, a bill to provide incidence and prevalence of develop- that this year it will become law. The funding for student loan repayment for mental disabilities, and for other pur- bill would increase the maximum pen- public attorneys. poses. alties for violations of three existing S. 1092 S. 1248 statutes that protect the cultural and At the request of Mr. CAMPBELL, the At the request of Mr. GREGG, the archaeological history of the American name of the Senator from Oklahoma names of the Senator from Alabama people, particularly Native Americans. (Mr. INHOFE) was added as a cosponsor (Mr. SESSIONS), the Senator from Iowa The United States Sentencing Commis- of S. 1092, a bill to authorize the estab- (Mr. HARKIN) and the Senator from sion asked Congress last year to make lishment of a national database for New Mexico (Mr. BINGAMAN) were these statutory changes, which would purposes of identifying, locating, and added as cosponsors of S. 1248, a bill to complement the Commission’s cataloging the many memorials and reauthorize the Individuals with Dis- strengthening of Federal sentencing S7982 CONGRESSIONAL RECORD — SENATE June 17, 2003 guidelines to ensure more stringent people are committing serious crimes. sources does not exceed $500, such person penalties for criminals who steal from These artifacts are the legacy of all shall be fined in accordance with title 18, our public lands. Senator INOUYE joins Americans and should not be degraded United States Code, imprisoned not more me as a cosponsor. as garage sale commodities or as fod- than 1 year, or both.’’. This bill will increase the maximum der for private enrichment. By Mr. CORZINE (for himself, penalties for the Archaeological Re- I would like to thank a number of Mr. BAYH, Mrs. CLINTON, and sources Protection Act, ARPA, 16 USC people for their help and advice about Mr. KENNEDY): § 470ee, the Native American Graves this legislation. Charlie Tetzlaff, as S. 1272. A bill to amend the Occupa- Protection and Repatriation Act, well as the rest of the staff at the Sen- tional Safety and Health Act of 1970 to NAGPRA, 18 USC § 1170, and for 18 USC tencing Commission, helped us under- modify the provisions relating to cita- § 1163, which prohibits theft from In- stand the importance of this issue, and tions and penalties; to the Committee dian Tribal Organizations. All three made protecting our cultural heritage on Health, Education, Labor and Pen- statutes currently impose a 5-year a priority when he served as United sions. maximum sentence, and each includes States Attorney for Vermont. Art Mr. CORZINE. Mr. President, I rise a lower maximum for a first offense of Cohn, the director of the Lake Cham- to introduce the ‘‘Wrongful Death Ac- the statute and/or a violation of the plain Maritime Museum, and Giovanna countability Act,’’ legislation that statute involving property of less than Peebles, Vermont’s State Archeologist, would, among other things, increase a specified value. This bill would create were very helpful in explaining how our the maximum criminal penalty for a 10-year maximum sentence for each laws protect the cultural heritage of those who willfully violate workplace statute. In response to comments from Vermont and the rest of the nation, safety laws and cause the death of an the administration last year, the bill and I am grateful for their support for employee. retains misdemeanor offenses for rel- this bill. Unbelievably, under existing law, atively minor offenses. Passage of this legislation would that crime is a misdemeanor, and car- The increased maximum sentences demonstrate Congress’ commitment to ries a maximum prison sentence of just would be consistent with similar Fed- preserving our Nation’s history and our 6 months. This legislation would in- eral statutes. For example, the 1994 law cultural heritage. I urge my colleagues crease the penalty for this most egre- proscribing museum theft carries a 10- to support this common-sense initia- gious workplace crime to 10 years— year maximum sentence, as do the gen- tive. eral statutes punishing theft and the making it a felony. The bill also would I ask unanimous consent that the destruction of Government property. increase the penalty associated with text of the bill be printed in the Moreover, increasing the maximum lying to an OSHA inspector from 6 RECORD. months to 1 year, and would increase sentences will give judges and the Sen- There being no objection, the bill was tencing Commission greater discretion the penalty for illegally giving advance ordered to be printed in the RECORD, as to impose punishments appropriate to warning of an upcoming inspection follows: the amount of destruction a defendant from 6 months to 2 years. S. 1271 In recent months, this Congress has has done. Making these changes will also en- Be it enacted by the Senate and House of Rep- focused on a shocking succession of able the Sentencing Commission’s 2002 resentatives of the United States of America in corporate scandals: Enron, Tyco, Congress assembled, sentencing guidelines to be fully imple- WorldCom, to name a few. These rev- SECTION 1. SHORT TITLE. elations of corporate abuse raised the mented. The Commission has increased This Act may be cited as the ‘‘Enhanced sentencing guidelines for cultural her- ire and indignation of the American Protection of Our Cultural Heritage Act of people. But corporate abuses can some- itage crimes, but the statutory max- 2003’’. times go further than squandering em- imum penalties contained in current SEC. 2. ENHANCED PENALTIES FOR CULTURAL law will prevent judges from issuing HERITAGE CRIMES. ployee pension funds and costing share- sentences in the upper range of the new (a) ENHANCED PENALTY FOR EMBEZZLEMENT holder value. Sometimes, corporate guidelines. The 2002 guidelines had the AND THEFT FROM INDIAN TRIBAL ORGANIZA- abuses can cost lives. enthusiastic support of the Justice and TIONS.—Section 1163 of title 18, United States My legislation is based on the simple Code, is amended by striking ‘‘five years’’ premise that going to work should not Interior Departments, the Society for and inserting ‘‘10 years’’. American Archeology, the National carry a death sentence. Annually, more (b) ENHANCED PENALTY FOR ILLEGAL TRAF- than 6,000 Americans are killed on the Trust for Historic Preservation, nu- FICKING IN NATIVE AMERICAN HUMAN REMAINS merous Native American nations, and AND CULTURAL ITEMS.—Section 1170 of title job, and some 50,000 more die from many others. Congress should take the 18, United States Code, is amended— work-related illnesses. Many of those steps necessary to see the guidelines (1) in subsection (a), by striking ‘‘or im- deaths—deaths that leave wives with- take full effect. prisoned not more than 12 months, or both, out husbands, brothers without sisters, Two of the three laws this bill and in the case of second or subsequent vio- and children without parents—are com- amends protect Native American lands lation, be fined in accordance with this title, pletely preventable. or imprisoned not more than 5 years’’ and in- Earlier this year, the New York and property. The third, ARPA, pro- serting ‘‘imprisoned not more than 10 tects both public and Indian lands, and Times published an eye-opening, multi- years’’; and part series that documented the failure provides significant protection to my (2) in subsection (b), by striking ‘‘impris- State of Vermont. For example, ARPA oned not more than one year’’ and all that of the Federal government to prosecute can be used to prosecute those who follows through the end of the subsection violators of workplace safety laws. The would steal artifacts from the wrecked and inserting ‘‘imprisoned not more than 10 articles were deeply disturbing to any- military vessels at the bottom of Lake years, or both; but if the sum of the commer- one concerned about the health and Champlain that date to the Revolu- cial and archaeological value of the cultural well being of workers in America, de- tionary War and the War of 1812. U.S. items involved and the cost of restoration tailing one company’s pattern of reck- and repair of such items does not exceed $500, Attorneys can also use ARPA to pros- lessly disregarding basic safety rules. such person shall be fined in accordance with The authors linked at least nine em- ecute criminals who take items that this title, imprisoned not more than 1 year, are at least 100 years old from a pro- or both.’’. ployee deaths in five states—New York, tected site on Vermont state property (c) ENHANCED PENALTY FOR ARCHAE- New Jersey, Ohio, Alabama, and without a permit, and then transport OLOGICAL RESOURCES.—Section 6(d) of the Ar- Texas—over a 7-year period with the those goods into another state. In addi- chaeological Resources Protection Act of failure of a single company, McWane tion, ARPA protects artifacts found on 1979 (16 U.S.C. 470ee(d)) is amended by strik- Foundry, to follow established work- the approximately 5 percent of ing ‘‘not more than $10,000’’ and all that fol- place safety regulations. Three of those Vermont land that is Federal property, lows through the end of the subsection and deaths were judged to have been caused inserting ‘‘in accordance with title 18, land that includes many ‘‘ghost towns’’ United States Code, imprisoned not more by deliberate and willful violations of that have long been abandoned but are than 10 years, or both; but if the sum of the federal safety rules. an important part of our history. commercial and archaeological value of the As a result of that article and a sub- Those who would pillage the rich cul- archaeological resources involved and the sequent criminal investigation, tural heritage of this nation and its cost of restoration and repair of such re- McWane has begun to clean up its act. June 17, 2003 CONGRESSIONAL RECORD — SENATE S7983 But no one should be deluded. McWane (2) in subsection (f), by striking ‘‘fine of There being no objection, the bill was is not the only company with a record not more than $1,000 or by imprisonment for ordered to be printed in the RECORD, as of putting employees at risk. Others— not more than six months,’’ and inserting follows: ‘‘fine in accordance with section 3571 of title although still the clear minority—con- S. 1273 18, United States Code, or by imprisonment tinue to flout workplace safety rules for not more than 2 years,’’; and Be it enacted by the Senate and House of Rep- and jeopardize the health and well (3) in subsection (g), by striking ‘‘fine of resentatives of the United States of America in being of workers. not more than $10,000, or by imprisonment Congress assembled, The administration recognized that for not more than six months,’’ and inserting SECTION 1. STUDY AND CONSULTATION. there was a problem and recently an- ‘‘fine in accordance with section 3571 of title (a) STUDY.—In order to ensure that stu- 18, United States Code, or by imprisonment dents are not adversely affected by the pro- nounced its ‘‘enhanced enforcement posed changes to the tables used in the Fed- for not more than 1 year,’’. policy,’’ a small step in the right direc- eral Needs Analysis Methodology to deter- tion. But more needs to be done, and I mine a student’s expected family contribu- By Mr. KENNEDY (for himself, have requested the support of Sec- tion for the award year 2004–2005 under part Mr. DASCHLE, Mr. JEFFORDS, retary Henshaw, Administrator of F of title IV of the Higher Education Act of Mr. EDWARDS, Mr. REED, Mrs. OSHA, for my legislation. 1965 (20 U.S.C. 1087kk et seq.), the Comp- CLINTON, Mrs. MURRAY, Mr. troller General, in consultation with the Ad- While many factors contribute to the BINGAMAN, Mr. DODD, and Mr. visory Committee on Student Financial As- unsafe working environment that ex- HARKIN): sistance, shall conduct a study of such pro- ists at certain jobsites, one easily rem- S. 1273. A bill to provide for a study posed changes that shall include an examina- edied factor is an ineffective regime of tion of the impact of such changes on stu- criminal penalties. The criminal stat- to ensure that students are not ad- dents. A report of the findings of the study utes associated with OSHA have been versely affected by changes to the shall be transmitted to the Secretary of Edu- on the books since the 1970s, but—over needs analysis tables, and to require cation and the appropriate committees of the Secretary of Education to consult Congress not later than 90 days after the time—the deterrence value of these im- date of enactment of this Act. portant workplace safety laws has with the Advisory Committee on Stu- dent Financial Assistance regarding (b) CONSULTATION.—Section 478 of the eroded substantially. With the max- Higher Education Act of 1965 (20 U.S.C. imum jail sentence a paltry 6 months, such changes; to the Committee on 1087rr) is amended by adding at the end the Federal prosecutors have only a mini- Health, Education, Labor, and Pen- following: sions. ‘‘(i) CONSULTATION REQUIRED.—Prior to mal incentive to spend time and re- publishing any notice or promulgating any sources prosecuting renegade employ- Mr. KENNEDY. Mr. President, it is a privilege to join my colleagues, Sen- regulation with respect to updated tables ers. According to a recent analysis, under this section, the Secretary shall con- ator DASCHLE, Senator JEFFORDS, Sen- since the Occupational Safety and sult with the Advisory Committee on Stu- Health Act was enacted, only 11 em- ator EDWARDS, Senator REED, Senator dent Financial Assistance regarding such up- ployers who caused the death of a CLINTON, Senator MURRAY, Senator dated tables.’’. worker on the job were incarcerated. BINGAMAN and Senator DODD, to intro- By Mr. KENNEDY (for himself, The logic behind this legislation is duce legislation to amend the Higher Mr. MCCAIN, Mr. BAYH, Ms. MI- simple. The bill will increase the incen- Education Act to require a feasibility and impact study on the recent KULSKI, and Mr. ROCKEFELLER): tive for prosecutors to hold renegade S. 1274. A bill to reauthorize and re- employers accountable for endangering changes in the state and local tax ta- bles that are the basis for determining form the national laws; to the Com- the lives of their workers and, thereby, mittee on Health, Education, Labor, help ensure that OSHA criminal pen- need-based aid for college students. The bill will direct GAO to complete and Pensions. alties cannot be safely ignored. This Mr. KENNEDY. Mr. President, it is a will provide the OSHA criminal statute a study in consultation with the Advi- sory Committee on Student Financial privilege to join my colleagues in in- with sufficient teeth to deter the small troducing legislation to reauthorize percentage of bad actors who know- Assistance within 90 days, well in ad- vance of the 04–05 academic year when the Corporation for National Service. ingly and willfully place their employ- In 1993 the bipartisan National Service these changes would take effect. The ees at risk. Act created a new program to give citi- advisory committee is a non-partisan I urge my colleagues to support this zens of all ages the opportunity to board appointed by the President, important piece of legislation and ask serve their communities. Our goal now which oversees college financial aid. unanimous consent that the text of the is to work with the administration to Any future changes in the tables would bill be printed in the RECORD. promote and expand service through have to be considered in consultation There being no objection, the bill was the State commissions and the exten- with the Advisory Committee. ordered to be printed in the RECORD, as sive system of national organizations follows: When decisions are made that affect that recruit, train and place volunteers the cost of college, it is important for S. 1272 and mentors. The legislation we are in- Congress to understand the factors Be it enacted by the Senate and House of Rep- troducing, the Call to Service Act, will that influenced that decision and the resentatives of the United States of America in reauthorize the Corporation for Na- Congress assembled, practical impact of those decisions on tional Service and keep these programs SECTION 1. SHORT TITLE. students. In light of the slumping econ- on track to achieve this goal. This Act may be cited as the ‘‘Wrongful omy, State budget crises, and rising Over 250,000 Americans have given a Death Accountability Act.’’ college costs, the Department’s pro- year of service in communities across SEC. 2. OSHA CRIMINAL PENALTIES. posed changes come at a very difficult the country, tutoring young people, Section 17 of the Occupational Safety and time for students and their families. connecting people to health care, and Health Act of 1970 (29 U.S.C. 666) is amend- Raising the cost of tuition by a few building stronger communities. ed— hundred dollars may well mean that Through the AmeriCorps model, we can (1) in subsection (e)— qualified students can no longer afford give more young people the support (A) by striking ‘‘fine of not more than college. It is our responsibility to see $10,000’’ and inserting ‘‘fine in accordance they need to dedicate a year of their with section 3571 of title 18, United States that any such changes are made for lives to service. These are active citi- Code,’’; sound reasons. zens, and our country will benefit im- (B) by striking ‘‘six months’’ and inserting I also urge the Department of Edu- mensely from the lessons we learn in ‘‘10 years’’; cation to work with Congress in the fu- serving others. (B) by striking ‘‘fine of not more than ture in making these decisions, so that Community service knows no age $20,000’’ and inserting ‘‘fine in accordance all of us in the House and Senate will limits. Thousands of older Americans with section 3571 of title 18, United States have a reasonable opportunity to con- volunteer to tutor young people or sup- Code,’’; sider such changes before they are port others in living independently, or (C) by striking ‘‘one year’’ and inserting ‘‘20 years’’; and made. serve in local agencies. Senior citizens (E) by inserting ‘‘under this subsection or I ask unanimous consent that the are a valuable resource in every com- subsection (i)’’ after ‘‘first conviction of such text of the bill be printed in the munity, and service gives them an ef- person’’; RECORD. fective way to continue to be involved S7984 CONGRESSIONAL RECORD — SENATE June 17, 2003 in the communities they helped to Sec. 1302. E-Corps and technical amend- Sec. 1912. Board of Directors. build. The Foster Grandparent, Senior ments to types of programs. Sec. 1913. Grants to the Foundation. Companion, and RSVP programs, en- Sec. 1303. Types of positions. Subtitle K—Authorization of Appropriations able seniors to contribute every day to Sec. 1304. Training and technical assistance. Sec. 1921. Authorization. Sec. 1305. Assistance to State Commissions; their communities. challenge grants. TITLE II—AMENDMENTS TO THE DOMES- The Learn and Serve programs en- Sec. 1306. Allocation of assistance to States TIC VOLUNTEER SERVICE ACT OF 1973 able young men and women to learn and other eligible entities. Sec. 2001. References. early in their lives that serving others Sec. 1307. Additional authority. Subtitle A—National Volunteer Antipoverty is important, and that service is a Sec. 1308. State selection of programs. Programs basic responsibility of citizenship. Sec. 1309. Consideration of applications. Sec. 2101. Purpose. Children learn the value of community Sec. 1310. Description of participants. Sec. 2102. Purpose of the VISTA program. service, and build habits of service that Sec. 1311. Reference to Federal agency. Sec. 2103. Applications. last a lifetime. Service learning pro- Sec. 1312. Terms of service. Sec. 2104. Terms and periods of service. grams for elementary and secondary Sec. 1313. Adjustments to living allowance. Sec. 2105. Sections repealed. students provide hands-on experiences Subtitle D—National Service Trust and Pro- Sec. 2106. Redesignation. to supplement traditional school cur- vision of National Service Educational Sec. 2107. University Year for VISTA Pro- Awards gram. riculums. The evidence is irrefutable. Sec. 1401. Availability of funds in the Na- Sec. 2108. Conforming amendment. Service learning works. When students Subtitle B—National Senior Service Corps help others in their communities, they tional Service Trust. Sec. 1402. Individuals eligible to receive a Sec. 2201. Change in name. do better academically in school too. national service educational Sec. 2202. Purpose. In terms of cost effectiveness, the award from the Trust. Sec. 2203. Grants and contracts for volunteer Federal Learn and Serve America pro- Sec. 1403. Determination of the amount of service projects. gram is an excellent investment. In the national service educational Sec. 2204. Foster Grandparent Program 2001–2002 school year more than 800,000 awards. grants. students across the country from Sec. 1404. Disbursement of national service Sec. 2205. Senior Companion Program grades K through 12 had the oppor- educational awards. grants. tunity to serve their community, raise Sec. 1405. Additional uses of national service Sec. 2206. Technical amendments. their academic achievement, and de- trust amounts. Sec. 2207. Programs of national significance. Sec. 2208. Additional provisions. velop social skills. In Massachusetts, Subtitle E—National Civilian Community over 86,000 students of all ages cur- Corps Subtitle C—Administration and Coordination rently participate in Learn and Serve Sec. 1501. Purpose. programs. Sec. 1502. National Civilian Community Sec. 2301. Nondisplacement. Our bill strengthens our commitment Corps. Sec. 2302. Definitions. Sec. 2303. Protection against improper use. to service by increasing the number of Sec. 1503. Program components. Sec. 1504. Eligible participants. Sec. 2304. Income verification. volunteers in AmeriCorps, lowering the Sec. 1505. Summer national service program. Sec. 2305. Sections repealed. age for senior service from 60 to 55 and Sec. 1506. Team leaders. Sec. 2306. Redesignations. increasing the authorization for Learn Sec. 1507. Consultation with State Commis- Subtitle D—Authorization of Appropriations and Serve. In addition, our bill creates sions. Sec. 2401. Authorization of appropriations a new service opportunity for high Sec. 1508. Permanent cadre. for VISTA and other purposes. school students. After completing 300 Sec. 1509. Contract and grant authority. Sec. 2402. Authorization of appropriations hours of service to their community, Sec. 1510. Other departments. for National Senior Service high school students will earn a $1,000 Sec. 1511. Repeal of authority for advisory Corps. award to use on college. This increases board and funding limitation. Sec. 2403. Administration and coordination. the critical service to communities, Sec. 1512. Definitions. Sec. 2404. Redesignations. Sec. 1513. Terminology. builds the habit of serving in young TITLE III—AMENDMENTS TO OTHER people and sets them on track to con- Subtitle F—Administrative Provisions LAWS tinue their education. Sec. 1601. Family and medical leave. Sec. 3001. Inspector General Act of 1978. I hope that my colleagues will sup- Sec. 1602. Additional prohibitions on use of TITLE IV—TECHNICAL AMENDMENTS TO port this legislation. funds. TABLES OF CONTENTS Sec. 1603. Notice, hearing, and grievance I ask unanimous consent that the Sec. 4001. Table of contents for the National procedures. text of this bill be printed in the and Community Service Act of Sec. 1604. Resolution of displacement com- 1990. RECORD. plaints. Sec. 4002. Table of contents for the Domestic There being no objection, the bill was Sec. 1605. State Commissions on National Volunteer Service Act of 1973. ordered to be printed in the RECORD, as and Community Service. follows: Sec. 1606. Evaluation and accountability. TITLE V—EFFECTIVE DATE AND SENSE S. 1274 Sec. 1607. Technical amendment. OF CONGRESS Be it enacted by the Senate and House of Rep- Sec. 1608. Additional administrative provi- Sec. 5001. Effective date. resentatives of the United States of America in sions. Sec. 5002. Service assignments and agree- Congress assembled, Subtitle G—Corporation for National and ments. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Community Service Sec. 5003. Sense of Congress. (a) SHORT TITLE.—This Act may be cited as Sec. 5004. Recruitment and application ma- Sec. 1701. Terms of office. terials in languages other than the ‘‘Call to Service Act’’. Sec. 1702. Board of Directors authorities and (b) TABLE OF CONTENTS.—The table of con- English. duties. tents of this Act is as follows: Sec. 1703. Peer reviewers. TITLE I—AMENDMENTS TO NATIONAL Sec. 1. Short title; table of contents. Sec. 1704. Officers. AND COMMUNITY SERVICE ACT OF 1990 TITLE I—AMENDMENTS TO NATIONAL Sec. 1705. Nonvoting members; personal SEC. 1001. REFERENCES. AND COMMUNITY SERVICE ACT OF 1990 services contracts. Except as otherwise specifically provided, Sec. 1001. References. Sec. 1706. Donated services. whenever in this title an amendment or re- Subtitle A—General Provisions Subtitle H—Investment for Quality and peal is expressed in terms of an amendment Sec. 1101. Purposes of Act. Innovation to, or repeal of, a provision, the reference shall be considered to be made to a provision Sec. 1102. Definitions. Sec. 1801. Technical amendments to subtitle of the National and Community Service Act Subtitle B—Service-Learning H. of 1990 (42 U.S.C. 12501 et seq.). Sec. 1201. School-based allotments. Sec. 1802. Clearinghouses. Sec. 1202. Higher education provisions. Sec. 1803. Repeal of special demonstration Subtitle A—General Provisions Sec. 1203. Community-based programs, project. SEC. 1101. PURPOSES OF ACT. training, and other initiatives. Subtitle I—Additional Authorities Section 2(b) (42 U.S.C. 12501(b)) is amend- Sec. 1204. Service-learning clearinghouse. ed— Sec. 1901. America’s Promise: The Alliance Subtitle C—National Service Trust Program (1) in paragraph (7), by striking ‘‘citizens; for Youth. Sec. 1301. Prohibition on grants to Federal and’’ and inserting ‘‘citizens;’’; agencies; limits on Corporation Subtitle J—Points of Light Foundation (2) in paragraph (8), by striking the period costs. Sec. 1911. Purposes. and inserting a semicolon; and June 17, 2003 CONGRESSIONAL RECORD — SENATE S7985 (3) by adding at the end the following: and benefits of service-learning coordinators, ican Samoa, and the Commonwealth of the ‘‘(9) expand and strengthen service-learn- through distribution by State educational Northern Mariana Islands, to be allotted in ing programs to improve the education of agencies and Indian tribes of Federal funds accordance with their respective needs. children and youth and to maximize the ben- made available under this subpart to ‘‘(b) ALLOTMENTS TO STATES.—After re- efits of national and community service; projects operated by local partnerships serving an amount under subsection (a), the ‘‘(10) support efforts to assist the nonprofit among— Corporation shall use the remainder of the sector in becoming more effective in meeting ‘‘(A) local educational agencies; and funds appropriated for any fiscal year to the unmet human, educational, environ- ‘‘(B) 1 or more community partners that— carry out this subpart as follows: mental, and public safety needs of the United ‘‘(i) shall include a public or private non- ‘‘(1) ALLOTMENTS.— States; and profit organization that— ‘‘(A) SCHOOL-AGE YOUTH.—The Corporation ‘‘(11) assist in coordinating and strength- ‘‘(I) has a demonstrated expertise in the shall allot to each State an amount that ening Federal and other citizen service op- provision of services to meet unmet human, bears the same ratio to 50 percent of such re- portunities, including opportunities for par- educational, environmental, or public safety mainder as the number of school-age youth ticipation in homeland security preparedness needs; and in the State bears to the total number of and response, including training for limited ‘‘(II) will make projects available for par- school-age youth of all States. duration national service.’’. ticipants, who shall be students; ‘‘(B) ALLOCATION UNDER ELEMENTARY AND SEC. 1102. DEFINITIONS. ‘‘(ii) may include an Indian tribe; and SECONDARY EDUCATION ACT OF 1965.—The Cor- Section 101 (42 U.S.C. 12511) is amended— ‘‘(iii) may include a private for-profit busi- poration shall allot to each State an amount (1) in paragraph (13), by striking ‘‘section ness or private elementary school or sec- that bears the same ratio to 50 percent of 101(a) of the Higher Education Act of 1965’’ ondary school; such remainder as the allocation to the and inserting ‘‘sections 101(a) and 102(a)(1) of ‘‘(3) planning of school-based service-learn- State for the previous fiscal year under part the Higher Education Act of 1965’’; ing programs, through distribution by State A of title I of the Elementary and Secondary (2) in paragraph (19), by striking ‘‘section educational agencies and Indian tribes of Education Act of 1965 (20 U.S.C. 6311 et seq.) 198, 198C, or 198D’’ and inserting ‘‘section 198 Federal funds made available under this sub- bears to the total of such allocations to all or 198C’’; and part to local educational agencies, which States. (3) in paragraph (21)(B)— planning may include paying for the cost ‘‘(2) DEFINITION.—Notwithstanding section (A) by striking ‘‘section 602(a)(1)’’ and in- of— 101(26), in this subsection, the term ‘State’ serting ‘‘section 602(3)’’; and ‘‘(A) the salaries and benefits of service- means each of the several States, the Dis- (B) by striking ‘‘20 U.S.C. 1401(a)(1)’’ and learning coordinators; or trict of Columbia, and the Commonwealth of inserting ‘‘20 U.S.C. 1401(3)’’. ‘‘(B) the recruitment, professional develop- Puerto Rico. ment, training, supervision, and placement Subtitle B—Service-Learning ‘‘(c) REALLOTMENT.—If the Corporation de- of service-learning coordinators (who may be termines that the allotment of a State or In- SEC. 1201. SCHOOL-BASED ALLOTMENTS. participants in a program under subtitle C or dian tribe under this section will not be re- Part I of subtitle B of title I (42 U.S.C. eligible to receive a national service edu- quired for a fiscal year because the State or 12521 et seq.) is amended to read as follows: cational award under subtitle D), Indian tribe did not submit an application ‘‘PART I—PROGRAMS FOR ELEMENTARY who will identify the community partners AND SECONDARY SCHOOL STUDENTS for the allotment under section 113 that described in paragraph (2)(B) and assist in meets the requirements of such section and ‘‘Subpart A—Programs for Students the design and implementation of a program such other requirements as the Chief Execu- ‘‘SEC. 111. ASSISTANCE TO STATES AND INDIAN described in paragraph (2); or tive Officer may determine to be appro- TRIBES. ‘‘(4) implementing, operating, or expanding priate, the Corporation shall make such al- ‘‘(a) ALLOTMENTS TO STATES, TERRITORIES, school-based service-learning programs to lotment available for reallotment in accord- AND INDIAN TRIBES.—The Corporation, after utilize service-learning to improve the edu- ance with subsections (a) and (b) to such consultation with the Secretary of Edu- cation of students, through distribution by other States and Indian tribes, with ap- cation, may make allotments to State edu- State educational agencies and Indian tribes proved applications submitted under section cational agencies (including such edu- of Federal funds made available under this 113, as the Corporation may determine to be cational agencies of States described in sec- subpart to— appropriate. tion 112(a)) and Indian tribes to pay for the ‘‘(A) local educational agencies; Federal share of— ‘‘(B) public or private nonprofit organiza- ‘‘SEC. 113. APPLICATIONS. ‘‘(1) planning and building the capacity tions; ‘‘To be eligible to receive an allotment within the State or tribe to implement serv- ‘‘(C) other educational agencies; under this subpart, a State or Indian tribe ice-learning programs that are based prin- ‘‘(D) Indian tribes; or shall submit an application to the Corpora- cipally in elementary schools and secondary ‘‘(E) partnerships of local educational tion at such time, in such manner, and con- schools, including— agencies and entities described in subpara- taining such information as the Chief Execu- ‘‘(A) providing high-quality training for graphs (B), (C), and (D). tive Officer may reasonably require, includ- teachers, supervisors, personnel from com- ‘‘(b) DUTIES OF SERVICE-LEARNING COORDI- ing— munity-based agencies (particularly with re- NATOR.—A service-learning coordinator re- ‘‘(1) a proposal for a 3-year plan promoting gard to the utilization of participants), and ferred to in paragraph (2) or (3) of subsection service-learning through the programs de- trainers, to be conducted by qualified indi- (a) shall provide services to a recipient of fi- scribed in section 111, which shall contain viduals or organizations that have experi- nancial assistance under this subpart that such information as the Chief Executive Offi- ence with service-learning; may include— cer may reasonably require, including how ‘‘(B) developing service-learning curricula, ‘‘(1) providing technical assistance and in- the applicant will integrate service opportu- consistent with State or local student aca- formation to, and facilitating the training nities into the academic program of the par- demic achievement standards, to be inte- of, teachers who want to use service-learning ticipants; grated into academic programs, including an in their classrooms; ‘‘(2) information, in applicable cases, about age-appropriate learning component that ‘‘(2) assisting local partnerships described the applicant’s efforts to— provides participants an opportunity to ana- in subsection (a) in the planning, develop- ‘‘(A) include in the programs opportunities lyze and apply their service experiences; ment, and execution of service-learning for students, enrolled in schools or other pro- ‘‘(C) forming local partnerships described projects; and grams providing elementary or secondary in paragraph (2) or (4)(E) to develop school- ‘‘(3) carrying out such other duties as the education under State law, to participate in based service-learning programs in accord- recipient of financial assistance under this service-learning programs and ensure that ance with this subpart; subpart may determine to be appropriate. such service-learning programs include op- ‘‘(D) devising appropriate methods for re- ‘‘(c) RELATED EXPENSES.—A recipient of fi- portunities for such students to serve to- search and evaluation of the educational nancial assistance under this subpart may, gether; value of service-learning and the effect of in carrying out the activities described in ‘‘(B) involve participants in the design and service-learning activities on communities; subsection (a), use such assistance to pay for operation of the programs; and the Federal share of reasonable costs related ‘‘(C) promote service-learning in areas of ‘‘(E) establishing effective outreach and to the supervision of participants, program greatest need, including low-income areas; dissemination of information to ensure the administration, transportation, insurance, and broadest possible involvement of commu- and evaluations, and of other reasonable ex- ‘‘(D) ensure that students of different ages, nity-based agencies with demonstrated effec- penses related to the activities. races, sexes, ethnic groups, disabilities, and tiveness in working with school-age youth in ‘‘SEC. 112. ALLOTMENTS. economic backgrounds have opportunities to their communities; ‘‘(a) INDIAN TRIBES AND TERRITORIES.—Of serve together; and ‘‘(2) implementing, operating, or expanding the funds appropriated to carry out this sub- ‘‘(3) assurances that the applicant will school-based service-learning programs, part for any fiscal year, the Corporation comply with the nonduplication and non- which may include paying for the cost of the shall reserve an amount of not more than 3 displacement requirements of section 177 and recruitment, professional development, percent for payments to Indian tribes, the the grievance procedure requirements of sec- training, supervision, placement, salaries, United States Virgin Islands, Guam, Amer- tion 176(f). S7986 CONGRESSIONAL RECORD — SENATE June 17, 2003 ‘‘SEC. 114. CONSIDERATION OF APPLICATIONS. structured opportunities for reflection on er Education Act of 1965 (42 U.S.C. ‘‘In considering applications under this their service experiences; 2753(b)(2)(B)) relating to the participation in subpart, the Corporation shall use criteria ‘‘(C) service-learning programs that enroll community service activities of students that include those approved by the Chief Ex- students in teams or corps after school, on participating in work-study programs, or has ecutive Officer, after consideration of cri- weekends, or during summer vacations; or received a waiver of those requirements from teria recommended by the Board of Direc- ‘‘(D) other types of service-learning pro- the Secretary of Education. tors. grams approved by the Corporation. ‘‘SEC. 115. FEDERAL, STATE, AND LOCAL CON- ‘‘(c) APPLICATIONS.—To be eligible to re- ‘‘(f) PRIORITY.—In making grants and en- TRIBUTIONS. ceive a grant under this section, an entity tering into contracts under subsection (b), ‘‘(a) FEDERAL SHARE.— shall prepare, submit to the Corporation, and the Corporation— ‘‘(1) IN GENERAL.—The Federal share of the obtain approval of, an application at such ‘‘(1) shall give priority to an applicant that cost of carrying out a program for which an time and in such manner as the Corporation submits an application containing a proposal allotment is made under this subpart may may reasonably require. Such application that— not exceed 50 percent of the total cost of car- shall include a 5-year strategic plan for de- ‘‘(A) demonstrates the commitment of the rying out the program. veloping high-quality opportunities of the institution of higher education involved, ‘‘(2) NON-FEDERAL CONTRIBUTION.—In pro- type specified in subsection (b). other than by demonstrating the commit- viding for the remaining share of the cost of ‘‘(d) ELIGIBLE ENTITY.—To be eligible to re- ment of the students, to supporting the com- carrying out such a program, each recipient ceive a grant under this section, an entity munity service projects carried out through of an allotment under this subpart— shall be— the program; ‘‘(A) shall provide for such share through a ‘‘(1) a State, acting through the State edu- ‘‘(B) specifies the manner in which the in- payment in cash or in kind, fairly evaluated, cational agency; stitution will promote faculty, administra- including facilities, equipment, or services; ‘‘(2) an Indian tribe; tion, and staff participation in the commu- and ‘‘(3) a local educational agency; or nity service projects; ‘‘(B) may provide for such share through ‘‘(4) a nonprofit organization meeting such ‘‘(C) specifies the manner in which the in- State sources or local sources. requirements as the Corporation may speci- stitution will provide service to the commu- ‘‘(b) WAIVER.—The Chief Executive Officer fy, acting in partnership with 1 or more nity through organized programs, including, may waive the requirements of subsection States, Indian tribes, or local educational where appropriate, clinical programs for stu- (a) in whole or in part with respect to any agencies. dents in professional schools; such program for any fiscal year if the Cor- ‘‘(e) PRIORITIES.—In awarding grants under ‘‘(D) describes any partnership that will poration determines that such a waiver this section, the Secretary shall give pri- participate in the community service would be equitable due to a lack of available ority to applicants with programs that— projects, such as a partnership comprised financial resources at the local level. ‘‘(1) meet unmet human, educational, envi- of— ‘‘SEC. 116. LIMITATIONS ON USES OF FUNDS. ronmental, or public safety needs; ‘‘(i) the institution; ‘‘(a) LIMITATION.—Not more than 5 percent ‘‘(2) foster an ethic of civic responsibility, ‘‘(ii)(I) a community-based agency; of the amount of assistance provided to a personal character development, and leader- ‘‘(II) a local government agency; or State or Indian tribe that is the original re- ship skills; ‘‘(III) a nonprofit entity that serves or in- cipient of an allotment under subsection (a), ‘‘(3) serve jurisdictions or portions of juris- volves school-age youth or older adults; and (b), or (c) of section 112 for a fiscal year may dictions having a high percentage of low-in- ‘‘(iii) a student organization; be used to pay for administrative costs in- come families; or ‘‘(E) demonstrates community involve- curred by— ‘‘(4) meet such other criteria as the Cor- ment in the development of the proposal; ‘‘(1) the original recipient; or poration may by regulation specify. ‘‘(F) describes research designed to iden- ‘‘(2) the entity carrying out the service- ‘‘(f) REPORT.—Not later than 2 years after tify best practices and other methods to im- learning programs supported with the assist- the date of enactment of the Call to Service prove service-learning; ance. Act, the Corporation shall submit a report to ‘‘(G) specifies that the institution will use ‘‘(b) RULES ON USE.—The Chief Executive Congress regarding the degree to which pro- the assistance made available through such a Officer may by rule prescribe the manner grams carried out under this section have grant or contract to strengthen the service and extent to which— succeeded in meeting the goals specified in infrastructure in institutions of higher edu- ‘‘(1) such assistance may be used to cover paragraphs (1) and (2) of subsection (e). cation; or administrative costs; and ‘‘(g) FUNDING.—From funds appropriated to ‘‘(H) with respect to a project involving de- ‘‘(2) that portion of the assistance avail- carry out this part for fiscal years 2003 livery of services, specifies a project that in- able to cover administrative costs shall be through 2007, the Corporation shall reserve volves leadership development of school-age distributed between— not less than $12,000,000 for each fiscal year youth; ‘‘(A) the original recipient; and to carry out this section.’’. ‘‘(2) shall give priority to an institution or ‘‘(B) the entity carrying out the service- SEC. 1202. HIGHER EDUCATION PROVISIONS. partnership that can demonstrate a commit- learning programs supported with the assist- Section 119 (42 U.S.C. 12561) is amended— ment to community service through meas- ance. (1) by striking subsection (c) and inserting ures such as— ‘‘Subpart B—Community Corps the following: ‘‘(A) carrying out ongoing community service projects involving students or facil- Demonstration Program ‘‘(c) FEDERAL, STATE, AND LOCAL CONTRIBU- ity; ‘‘SEC. 118. DEMONSTRATION PROGRAM. TIONS.— ‘‘(B) exceeding the requirements of section ‘‘(a) IN GENERAL.—The Corporation, after ‘‘(1) FEDERAL SHARE.— 443(b)(2)(B) of the Higher Education Act of consultation with the Secretary of Edu- ‘‘(A) IN GENERAL.—The Federal share of the 1965 (20 U.S.C. 2753(b)(2)(B)) relating to the cation, shall establish and carry out a Com- cost described in subsection (b) may not ex- percentage of certain work-study funds used munity Corps Demonstration Program. ceed 50 percent. for community service; or ‘‘(b) GRANT PROGRAM AUTHORIZED.—In car- ‘‘(B) NON-FEDERAL CONTRIBUTION.—In pro- rying out the program, the Corporation shall viding for the remaining share of the cost, ‘‘(C) carrying out integrated service-learn- make grants on a competitive basis to eligi- each recipient of a grant or contract under ing programs or training teachers and com- ble entities, for planning, implementing, op- this part— munity leaders in service-learning; and erating, or expanding school-based service- ‘‘(i) shall provide for such share through a ‘‘(3) shall, to the extent practicable, give learning programs, operated in partnership payment in cash or in kind, fairly evaluated, special consideration to applicants who are with nonprofit organizations or educational including facilities, equipment, or services; historically Black colleges or universities, agencies, that— and Hispanic-serving institutions, and tribally ‘‘(1) require all students, as a condition of ‘‘(ii) may provide for such share through controlled colleges or universities. secondary school graduation, to complete a State sources or local sources. ‘‘(g) DEFINITIONS.—In this part: substantial service experience; and ‘‘(2) WAIVER.—The Chief Executive Officer ‘‘(1) HISPANIC-SERVING INSTITUTION.—The ‘‘(2) provide high-quality opportunities to may waive the requirements of paragraph (1) term ‘Hispanic-serving institution’ has the meet such requirement through— in whole or in part with respect to any such meaning given the term in section 502(a) of ‘‘(A) 1 or more mandatory service-learning program for any fiscal year if the Corpora- the Higher Education Act of 1965 (20 U.S.C. courses in an academic curriculum; tion determines that such a waiver would be 1101a(a)). ‘‘(B) service-learning programs that— equitable due to a lack of available financial ‘‘(2) HISTORICALLY BLACK COLLEGE OR UNI- ‘‘(i) require students to perform service resources at the local level.’’; and VERSITY.—The term ‘historically Black col- after school, on weekends, or during summer (2) by striking subsections (e) through (g) lege or university’ means a part B institu- vacations; and and inserting the following: tion, as defined in section 322 of the Higher ‘‘(ii) utilize appropriately trained adults to ‘‘(e) FEDERAL WORK-STUDY.—To be eligible Education Act of 1965 (20 U.S.C. 1061). identify service opportunities for students for assistance under this part, an institution ‘‘(3) STUDENT.—Notwithstanding section within the community involved, to dissemi- of higher education shall demonstrate that 101, the term ‘student’ means an individual nate information about such opportunities, the institution meets the minimum require- who is enrolled in an institution of higher and to ensure that students have substantial ments under section 443(b)(2)(B) of the High- education on a full- or part-time basis. June 17, 2003 CONGRESSIONAL RECORD — SENATE S7987

‘‘(4) TRIBALLY CONTROLLED COLLEGE OR UNI- ‘‘PART IV—CLEARINGHOUSE (i) by striking ‘‘receiving assistance under VERSITY.—The term ‘tribally controlled col- ‘‘SEC. 120A. SERVICE-LEARNING CLEARING- this subsection’’ and inserting ‘‘operating a lege or university’ has the meaning given the HOUSE. national service program under such a con- term in section 2 of the Tribally Controlled ‘‘(a) IN GENERAL.—The Corporation shall tract or agreement’’; and College or University Assistance Act of 1978 provide financial assistance, from funds ap- (ii) by striking ‘‘using such assistance’’ (25 U.S.C. 1801).’’. propriated under section 501(a)(2) to carry and inserting ‘‘under the contract or agree- SEC. 1203. COMMUNITY-BASED PROGRAMS, out subtitle H, to organizations described in ment’’; TRAINING, AND OTHER INITIATIVES. subsection (b) to establish a clearinghouse, (2) in subsection (c), in the matter pre- Subtitle B of title I (42 U.S.C. 12521 et seq.) which shall carry out activities, either di- ceding paragraph (1), by striking ‘‘assistance is amended by adding at the end the fol- rectly or by arrangement with another such under subsections (a) and (b)’’ and inserting lowing: organization, with respect to information ‘‘assistance under subsection (a)’’; and ‘‘PART III—COMMUNITY-BASED PRO- about service-learning. (3) in subsection (d)— GRAMS, TRAINING, AND OTHER INITIA- ‘‘(b) PUBLIC OR PRIVATE NONPROFIT ORGANI- (A) in paragraph (1), by striking ‘‘or (b)’’; TIVES ZATIONS.—Public or private nonprofit organi- and (B) in paragraph (2)(A), by striking ‘‘or ‘‘SEC. 120. COMMUNITY-BASED PROGRAMS, zations that have extensive experience with TRAINING, AND OTHER INITIATIVES. service-learning, including use of adult vol- (b)’’. ‘‘(a) IN GENERAL.—From the funds appro- unteers to foster service-learning, shall be SEC. 1302. E-CORPS AND TECHNICAL AMEND- priated to carry out this part for a fiscal eligible to receive assistance under sub- MENTS TO TYPES OF PROGRAMS. year, the Corporation may make grants to, section (a). Section 122 (42 U.S.C. 12572) is amended— or enter into contracts or cooperative agree- ‘‘(c) FUNCTION OF CLEARINGHOUSE.—An or- (1) in subsection (a)— ments with, eligible entities. ganization that receives assistance under (A) in the matter preceding paragraph (1), ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to subsection (a) may— by striking ‘‘and each Federal agency receiv- receive assistance under this part, an entity ‘‘(1) assist entities carrying out State or ing assistance under section 121(b)’’; shall be— local service-learning programs with needs (B) in paragraph (9), by striking ‘‘between ‘‘(1) a public or private nonprofit organiza- assessments and planning; the ages of 16 and 24 years of age’’ and insert- tion, a State educational agency, a State ‘‘(2) conduct research and evaluations con- ing ‘‘age 16 through 25’’; Commission, or an institution of higher edu- cerning service-learning; (C) by redesignating paragraph (15) as para- cation; or ‘‘(3)(A) provide leadership development and graph (19); and ‘‘(2) a consortium of entities described in training to State and local service-learning (D) by inserting after paragraph (14) the paragraph (1). program administrators, supervisors, service following: ‘‘(c) AUTHORIZED ACTIVITIES.—An entity sponsors, and participants; and ‘‘(15) An E-Corps program that involves that receives assistance under this part may ‘‘(B) provide training to persons who can participants who provide service in a com- use the assistance to— provide the leadership development and munity by developing and assisting in car- ‘‘(1) conduct community-based programs training described in subparagraph (A); rying out technology programs. that provide for meaningful human, edu- ‘‘(4) facilitate communication among enti- ‘‘(16) A program that engages citizens in cational, environmental, or public safety ties carrying out service-learning programs public safety, public health, homeland secu- service by school-age youth; and participants in such programs; rity, and disaster relief and preparedness ac- ‘‘(2) provide training or technical assist- ‘‘(5) provide information, curriculum mate- tivities. ance to support service-learning; rials, and technical assistance relating to ‘‘(17) A program (including an initiative or ‘‘(3) involve students in emergency pre- planning and operation of service-learning a partnership program) that seeks to expand paredness and homeland security activities; programs, to States and local entities eligi- the number of young people with mentors, ‘‘(4) promote the recognition of students ble to receive financial assistance under this either through provision of direct mentoring who perform outstanding community service title; services or through activities that build the and schools that have implemented out- ‘‘(6) provide information regarding meth- capacity of mentoring organizations to serve standing service-learning programs; and ods to make service-learning programs ac- more young people. ‘‘(5) carry out demonstration programs, re- cessible to individuals with disabilities; ‘‘(18) A community service program that— search, and evaluation related to service- ‘‘(7)(A) gather and disseminate information ‘‘(A) enables secondary school students to learning. on successful service-learning programs, carry out service activities in their commu- ‘‘(d) LIMITATION ON FEDERAL SHARE OF components of such successful programs, in- nities during the summer or throughout the COMMUNITY-BASED ACTIVITY COSTS.— novative youth skills curricula related to year; ‘‘(1) FEDERAL SHARE.— service-learning, and service-learning ‘‘(B) may be a residential program; ‘‘(A) IN GENERAL.—Except as provided in projects; and ‘‘(C) is administered by a political subdivi- paragraph (3), the Federal share of the cost ‘‘(B) coordinate the activities of the clear- sion of a State, a secondary school, an insti- of carrying out an activity for which a grant inghouse established in accordance with sub- tution of higher education, a community- is made, or a contract or cooperative agree- section (a) with appropriate entities to avoid based agency, or a faith-based organization; ment is entered into, under this part may duplication of effort; and not exceed 50 percent of the total cost of car- ‘‘(8) make recommendations to State and ‘‘(D) is carried out in a low-income rural or rying out the program. local entities on quality controls to improve urban area.’’; ‘‘(B) NON-FEDERAL CONTRIBUTION.—In pro- the quality of service-learning programs; (2) in subsection (c)(1)— viding for the remaining share of the cost of ‘‘(9) assist organizations in recruiting, (A) in subparagraph (A)— carrying out such an activity, each recipient screening, and placing service-learning coor- (i) by striking ‘‘after reviewing the stra- of assistance under this part— dinators; and tegic plan approved under section 192A(g)(1)’’ ‘‘(i) shall provide for such share through a ‘‘(10) carry out such other activities as the and inserting ‘‘after reviewing the strategic payment in cash or in kind, fairly evaluated, Chief Executive Officer determines to be ap- plan approved under section 192A(g)(2)’’; and including facilities, equipment, or services; propriate.’’. (ii) by striking ‘‘subsection (b) or (d) of’’; and Subtitle C—National Service Trust Program and ‘‘(ii) may provide for such share through SEC. 1301. PROHIBITION ON GRANTS TO FED- (B) in subparagraph (B), by striking ‘‘sec- State sources or local sources. ERAL AGENCIES; LIMITS ON COR- tion 129(a)(1)’’ and inserting ‘‘section 129(f)’’; ‘‘(2) WAIVER.—The Chief Executive Officer PORATION COSTS. and may waive the requirements of paragraph (1) Section 121 (42 U.S.C. 12571) is amended— (3) by adding at the end the following: in whole or in part with respect to any such (1) in subsection (b)— ‘‘(d) HIGH SCHOOL DEGREE REQUIRED FOR program for any fiscal year if the Corpora- (A) in the subsection heading, by inserting TUTORS.—The Corporation shall require that tion determines that such a waiver would be ‘‘RESTRICTIONS ON’’ before ‘‘AGREEMENTS recipients of assistance under this subtitle or equitable due to a lack of available financial WITH FEDERAL AGENCIES’’; subtitle A of title I of the Domestic Volun- resources at the local level. (B) in paragraph (1)— teer Service Act of 1973 (42 U.S.C. 4951 et ‘‘(3) EXEMPTION.—The requirements of (i) in the first sentence, by striking ‘‘by seq.) to operate tutoring programs involving paragraph (1) shall not apply to an entity the agency.’’ and inserting ‘‘by the agency, elementary school or secondary school stu- that receives a grant or enters into a con- including programs of the Public Lands dents shall certify that each individual serv- tract or cooperative agreement to provide Corps and Urban Youth Corps as described in ing in an approved national service position training or technical assistance, promote section 122(a)(2).’’; and as a tutor in such a program has obtained a recognition, or carry out demonstration pro- (ii) by striking the second sentence; high school diploma or its recognized equiva- grams, research, or evaluation under this (C) by striking paragraph (2) and inserting lent, or is enrolled in a program leading to part.’’. the following: obtaining a high school diploma. SEC. 1204. SERVICE-LEARNING CLEARINGHOUSE. ‘‘(2) PROHIBITION ON GRANTS.—The Corpora- ‘‘(e) LITERACY PROGRAMS.— Subtitle B of title I (42 U.S.C. 12521 et seq.), tion may not provide a grant under this sec- ‘‘(1) PROGRAMS.—Literacy programs that as amended by section 1203, is further tion to a Federal agency.’’; and receive assistance under this subtitle or sub- amended by adding at the end the following: (D) in paragraph (3)— title A of title I of the Domestic Volunteer S7988 CONGRESSIONAL RECORD — SENATE June 17, 2003 Service Act of 1973 shall be based on scientif- grant amount that is more than $100,000 and under section 121(a) for a fiscal year, the Cor- ically based reading research and provide in- not more than $200,000, the State shall pro- poration shall reserve 1 percent for grants to struction based on the essential components vide $1 from non-Federal sources for every $2 the United States Virgin Islands, Guam, of reading instruction as defined in section provided by the Corporation through the American Samoa, and the Commonwealth of 1208 of the Elementary and Secondary Edu- grant. the Northern Mariana Islands. The Corpora- cation Act of 1965 (20 U.S.C. 6368). ‘‘(C) AMOUNTS GREATER THAN $200,000.—If the tion may make such a grant from an allot- ‘‘(2) TRAINING REQUIRED FOR READING TU- grant amount provided by the Corporation is ment made under paragraph (2). TORS.—The Corporation shall require that re- more than $200,000, for the portion of the ‘‘(2) ALLOTMENTS.—The Corporation shall cipients of assistance under this subtitle or grant amount that is more than $200,000, the allot to each territory described in para- subtitle A of title I of the Domestic Volun- State shall provide $1 from non-Federal graph (1) for a fiscal year an amount that teer Service Act of 1973 to operate tutoring sources for every $1 provided by the Corpora- bears the same ratio to 1 percent of the allo- in reading programs shall provide training to tion through the grant. cated funds for that fiscal year as the popu- participants serving in approved national ‘‘(D) WAIVER OR ALTERATION OF REQUIRE- lation of the territory bears to the total pop- service positions as tutors in such programs MENTS.—The Corporation may waive or alter ulation of such territories. that incorporates the recommendations of the matching fund requirements described in ‘‘(c) NOT LESS THAN ONE PERCENT FOR COM- the National Reading Panel. subparagraphs (B) and (C) for a State if the PETITIVE GRANTS FOR INDIAN TRIBES.—Of the ‘‘(f) CITIZENSHIP TRAINING.—The Corpora- State is under serious budget constraints.’’; funds allocated by the Corporation for provi- tion shall establish requirements, after con- and sion of assistance under section 121(a) for a sultation with State Commissions, for re- (2) in subsection (c)— fiscal year, the Corporation shall reserve not cipients of assistance under this subtitle or (A) in paragraph (1), by striking ‘‘to na- less than 1 percent for grants to Indian subtitle A of title I of the Domestic Volun- tional service programs that receive assist- tribes, awarded by the Corporation on a com- petitive basis in accordance with their re- teer Service Act of 1973 that— ance under section 121’’ and inserting ‘‘to re- spective needs. ‘‘(1) relate to the promotion of citizenship cipients of assistance for programs supported ‘‘(d) NOT LESS THAN 20 PERCENT FOR NA- and civic engagement among individuals under section 121 that expand service and TIONAL GRANTS.—Of the funds allocated by serving in approved national service posi- volunteering by increasing and strength- the Corporation for provision of assistance tions; and ening the capacity of community-based under section 121(a) for a fiscal year, the Cor- ‘‘(2) are consistent with the principles on agencies (including increasing and strength- poration shall reserve not less than 20 per- which citizenship programs administered by ening that capacity through the use of re- cent for grants to nonprofit organizations to the Immigration and Naturalization Service gional organizations that facilitate the in- operate a program in 2 or more States. are based. volvement of small community groups) or by ‘‘(e) NOT MORE THAN 33 PERCENT FOR STATE ‘‘(g) OATH.—Any oath given under this sub- promoting high-quality teaching programs COMPETITIVE GRANTS.—Of the funds allocated title shall be consistent with the principles serving low-income students’’; and by the Corporation for provision of assist- of the Federal oath of office as provided in (B) by striking paragraph (3) and inserting ance under section 121(a) for a fiscal year, section 3331 of title 5, United States Code. the following: the Corporation shall reserve not more than ‘‘(h) CONSULTATION.—The Corporation shall ‘‘(3) AMOUNT OF ASSISTANCE.— 33 percent for grants to States, awarded by consult with the Secretary of Homeland Se- ‘‘(A) MATCHING FUNDS.—For a challenge the Corporation on a competitive basis for curity to determine ways of promoting grant made under this subsection, a recipi- innovative activities. homeland security, including providing dis- ent described in paragraph (1) shall provide ‘‘(f) 45 PERCENT FOR ALLOTMENTS FOR CER- aster relief and preparedness activities, and (in addition to any amounts required to be TAIN STATES.— promoting public health and public safety, provided by the recipient to satisfy other ‘‘(1) GRANTS.—Using the funds allocated by through national service programs carried matching funds requirements under this sub- the Corporation for provision of assistance out under this subtitle.’’. title)— under section 121(a) for a fiscal year, the Cor- SEC. 1303. TYPES OF POSITIONS. ‘‘(i) for an initial 3-year grant period, not poration shall make a grant, from an allot- Section 123 (42 U.S.C. 12573) is amended— less than $1 in cash from private sources for ment made under paragraph (2), to each of (1) in paragraph (1), by striking ‘‘sub- every $1 of Federal funds provided under the the several States, the District of Columbia, section (a) or (b) of section 121’’ and insert- grant; and and the Commonwealth of Puerto Rico. ing ‘‘section 121(a)’’; ‘‘(ii) for a subsequent grant period, not less ‘‘(2) ALLOTMENTS.—The Corporation shall (2) in paragraph (2)(A), by striking ‘‘an in- than $2 in cash from private sources for allot to each such State for a fiscal year an stitution of higher education, or a Federal every $1 of Federal funds provided under the amount that bears the same ratio to 45 per- agency’’ and inserting ‘‘or an institution of grant. cent of the allocated funds for that fiscal higher education’’; and ‘‘(B) APPLICATION.—The Corporation may year as the population of the State bears to (3) in paragraph (5), by inserting ‘‘Na- permit the use of local or State funds as the total population of the several States, tional’’ before ‘‘Civilian Community Corps’’. matching funds under subparagraph (A) if the District of Columbia, and the Common- the Corporation determines that such use wealth of Puerto Rico, subject to paragraph SEC. 1304. TRAINING AND TECHNICAL ASSIST- (3). ANCE. would be equitable due to a lack of available ‘‘(3) MINIMUM AMOUNT.—Notwithstanding Section 125 (42 U.S.C. 12575) is amended by funds from private sources at the local level. paragraph (2), the minimum grant made adding at the end the following: ‘‘(C) LIMIT ON AMOUNT.—The Corporation available to each eligible State under para- ‘‘(c) UNDERSERVED AREAS AND POPU- shall establish a ceiling on the amount of as- graph (1) for each fiscal year shall be not less LATIONS.—In complying with the require- sistance that may be provided to a recipient for a challenge grant made under this sub- than $500,000. ments of this section, the Corporation shall ‘‘(g) ADJUSTMENTS.— section.’’. ensure that the training and technical as- ‘‘(1) RESERVATION OF FUNDS.—Notwith- sistance needs of programs that focus on and SEC. 1306. ALLOCATION OF ASSISTANCE TO standing subsections (e) and (f), the Corpora- provide service opportunities for underserved STATES AND OTHER ELIGIBLE ENTI- TIES. tion shall ensure that the Corporation re- rural and urban areas and populations are serves an aggregate amount of funds for al- addressed.’’. Section 129 (42 U.S.C. 12581) is amended to read as follows: lotments to States under subsection (f) for a SEC. 1305. ASSISTANCE TO STATE COMMISSIONS; fiscal year that is not less than the total CHALLENGE GRANTS. ‘‘SEC. 129. PROVISION OF ASSISTANCE AND AP- PROVED NATIONAL SERVICE POSI- amount of funds provided to all States de- Section 126 (42 U.S.C. 12576) is amended— TIONS. scribed in subsection (f) for allotments under (1) in subsection (a)— ‘‘(a) AMERICORPS POSITIONS.—The Corpora- this subtitle for fiscal year 2002. (A) in paragraph (1), by striking ‘‘between tion, after consultation with members of the ‘‘(2) FORMULA GRANTS.—In order to meet $125,000 and $750,000’’ and inserting ‘‘not less Committee on Appropriations of the House the requirements of paragraph (1) during a than $200,000 and not more than $1,000,000’’; of Representatives and the Committee on fiscal year for which the aggregate amount and Appropriations of the Senate shall increase, of funds for allotments to States under sub- (B) by striking paragraph (2) and inserting by 25,000 each year, the number of approved section (f) is less than the total amount of the following: national service positions, with priority funds provided to all States described in sub- ‘‘(2) MATCHING REQUIREMENT.—In making a given to increasing the number of such posi- section (f) for allotments under this subtitle grant to a State under this subsection, the tions for individuals performing full-time na- for fiscal year 2002, the Corporation shall re- Corporation shall require the State to pro- tional service. Of the approved national serv- duce the amount available for State com- vide matching funds in the following ice positions provided for a fiscal year, not petitive grants under subsection (e). amounts: more than 30 percent may be positions for ‘‘(h) EFFECT OF FAILURE TO APPLY.—If a ‘‘(A) FIRST $100,000.—For the first $100,000 of which the participants are eligible to receive State (including a territory described in sub- the grant amount provided by the Corpora- national service educational awards and no section (b)) fails to apply for, or fails to give tion, the State shall not be required to pro- other benefits for service in the positions. notice to the Corporation of its intent to vide matching funds. ‘‘(b) ONE PERCENT FOR ALLOTMENTS FOR apply for an allotment under subsection (b) ‘‘(B) AMOUNTS GREATER THAN $100,000.—If the CERTAIN TERRITORIES.— or (f), the Corporation may use the amount grant amount provided by the Corporation is ‘‘(1) IN GENERAL.—Of the funds allocated by that would have been allotted under sub- more than $100,000, for the portion of the the Corporation for provision of assistance section (b) or (f) to the State to— June 17, 2003 CONGRESSIONAL RECORD — SENATE S7989 ‘‘(1) make grants (including providing ap- receive approved national service positions (v) in subparagraph (E) (as redesignated by proved national service positions in connec- but do not otherwise receive funds under sec- clause (iii)), by striking ‘‘; and’’ and insert- tion with such grants) under section 121 to tion 121(a). ing a period; and other eligible entities that propose to carry ‘‘(b) LIMIT ON CORPORATION GRANT FUNDS.— (C) in paragraph (3), by striking ‘‘section out national service programs in the State; Operational assistance provided under this 129(d)(2)’’ and inserting ‘‘section 129(d)’’; and section may not exceed $400 per individual (D) by striking paragraph (4); ‘‘(2) make grants under section 121(a) from enrolled in an approved national service po- (4) in subsection (e), in the matter pre- allotments made in accordance with sub- sition. ceding paragraph (1), by striking ‘‘sub- sections (b) and (f)(2) to other States with ‘‘(c) INAPPLICABLE PROVISIONS.—The fol- sections (a) and (d)(1) of section 129’’ and in- approved applications submitted under sec- lowing provisions shall not apply to pro- serting ‘‘subsections (b), (c), (e), and (f) of tion 130. grams that receive operational assistance section 129’’; and under this section: ‘‘(i) APPLICATION REQUIRED.—The Corpora- (5) in subsection (f)— ‘‘(1) The limitation on administrative costs tion may provide assistance and approved (A) in paragraph (1), by striking ‘‘section under section 121(d). national service positions to a recipient 129(a)(1)’’ and inserting ‘‘section 129(f)’’; and ‘‘(2) The matching funds requirements under section 121 only pursuant to an appli- (B) in paragraph (3), by striking ‘‘section under sections 121(e) and 140. cation submitted by a State or other appli- 129(a)’’ and inserting ‘‘section 129(f)’’. ‘‘(3) The living allowance and other bene- cant under section 130. fits under sections 131(e) and section 140 SEC. 1310. DESCRIPTION OF PARTICIPANTS. ‘‘(j) APPROVAL OF POSITIONS SUBJECT TO (other than individualized support services Section 137 (42 U.S.C. 12591) is amended— AVAILABLE FUNDS.—The Corporation may for disabled members under section 140(f)).’’. (1) in subsection (a)— not approve positions as approved national (A) by striking paragraph (3); SEC. 1308. STATE SELECTION OF PROGRAMS. service positions under this subtitle for a fis- (B) in paragraph (4), by inserting ‘‘or will cal year in excess of the number of such posi- Section 130 (42 U.S.C. 12582) is amended— (1) in subsection (a), by striking ‘‘the na- serve in an approved national service posi- tions for which the Corporation has suffi- tion with a program described in section cient available funds in the National Service tional service programs to be carried out using the assistance’’ and all that follows 122(a)(18)’’ before the semicolon; and Trust for that fiscal year, taking into con- through ‘‘or Federal agency’’ and inserting (C) by redesignating paragraphs (4), (5), and sideration funding needs for national service ‘‘national service programs under this sub- (6) as paragraphs (3), (4), and (5), respec- educational awards under subtitle D based title, an applicant’’; tively; on completed service. If appropriations are (2) in subsection (b)(11), by striking ‘‘re- (2) in subsection (b)— insufficient to provide the maximum allow- ceive’’ and inserting ‘‘be eligible to receive’’; (A) in paragraph (1), by striking ‘‘para- able number of national service educational (3) in subsection (c)(1), by striking ‘‘jobs graph (4)’’ and inserting ‘‘paragraph (3)’’; and awards under subtitle D for all eligible par- or’’; (B) in paragraph (2), by striking ‘‘between ticipants, the Corporation is authorized to (4) in subparagraphs (A) and (B) of sub- the ages of 16 and 25’’ and inserting ‘‘a 16- make necessary and reasonable adjustments section (d)(1), by striking ‘‘subsection (a) or year-old out-of-school youth or an individual to program rules. (b) of section 121’’ and inserting ‘‘section between the ages of 17 and 25’’; and ‘‘(k) SPONSORSHIP OF APPROVED NATIONAL 121(a) (other than operational assistance de- (3) by striking subsection (c) and inserting SERVICE POSITIONS.— scribed in section 129A)’’; the following: ‘‘(1) SPONSORSHIP AUTHORIZED.—The Cor- (5) in subsection (e)— ‘‘(c) SELF-CERTIFICATION AND WAIVER.—The poration may enter into an agreement with (A) by striking paragraph (2); and Corporation may— a person or entity who offers to sponsor na- (B) by redesignating paragraph (3) as para- ‘‘(1) consider an individual to have satis- tional service positions and be responsible graph (2); fied the requirement of subsection (a)(4) if for supplying the funds necessary to provide (6) in subsection (f)— the individual informs the Corporation that national service educational awards for the (A) in paragraph (1), by striking ‘‘a pro- such requirement has been satisfied; or positions. The distribution of those approved gram applicant’’ and inserting ‘‘an appli- ‘‘(2) waive the requirement of subsection national service positions shall be made pur- cant’’; (a)(4) with respect to an individual if the pro- suant to the agreement, and the creation of (B) in paragraph (2)— gram in which the individual seeks to be- those positions shall not be taken into con- (i) in the paragraph heading, by striking come a participant conducts an independent sideration in determining the number of ap- ‘‘PROGRAM APPLICANT’’ and inserting ‘‘APPLI- evaluation demonstrating that the indi- proved national service positions to be avail- CANT’’; and vidual is incapable of obtaining a high school able for distribution under section 121. (ii) in the matter preceding subparagraph diploma or its recognized equivalent.’’. ‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds pro- (A), by striking ‘‘program applicant’’ and in- SEC. 1311. REFERENCE TO FEDERAL AGENCY. vided pursuant to an agreement under para- serting ‘‘applicant’’; and Section 138(a) (42 U.S.C. 12592(a)) is amend- graph (1) shall be deposited in the National (C) by striking ‘‘institution of higher edu- ed by striking ‘‘Federal agency,’’. Service Trust established in section 145 until cation, or Federal agency’’ and inserting ‘‘or SEC. 1312. TERMS OF SERVICE. such time as the funds are needed. institution of higher education’’ each place Section 139 (42 U.S.C. 12593) is amended— ‘‘(l) RESERVATION OF FUNDS FOR SPECIAL it appears; and (1) in subsection (a), by striking ‘‘full- or ASSISTANCE.—From amounts appropriated (7) in subsection (g), by striking the period part-time’’; for a fiscal year pursuant to section 501(a)(2) and inserting ‘‘or is already receiving finan- (2) in subsection (b)— and subject to the limitations in such sec- cial assistance from the Corporation.’’. (A) in paragraph (1), by striking ‘‘not less tion, the Corporation may reserve such SEC. 1309. CONSIDERATION OF APPLICATIONS. than 9 months and’’; amount as the Corporation considers to be Section 133 (42 U.S.C. 12585) is amended— (B) in paragraph (2), by striking ‘‘during a appropriate for the purpose of making assist- (1) in subsection (b)(2)(B), by striking ‘‘jobs period of—’’ and all that follows and insert- ance available under sections 125 and 126. or’’; ing ‘‘during a period of not more than 2 ‘‘(m) RESERVATION OF FUNDS TO INCREASE (2) in subsection (c)— years.’’; and THE PARTICIPATION OF INDIVIDUALS WITH DIS- (A) by redesignating paragraph (8) as para- (C) by adding at the end the following: ABILITIES.—From amounts appropriated for a graph (9); and ‘‘(4) SECONDARY SCHOOL COMMUNITY SERV- fiscal year pursuant to section 501(a)(2) and (B) by inserting after paragraph (7) the fol- ICE.—Notwithstanding paragraphs (1) subject to the limitations in section lowing: through (3), an individual performing service 501(a)(2)(B), the Corporation shall reserve a ‘‘(8) If applicable, as determined by the in an approved national service position in a portion that is not less than 1 percent of Corporation, the extent to which the pro- program described in section 122(a)(18) shall such amounts (except that the portion re- gram generates the involvement of volun- agree to participate in the program for not served may not exceed $10,000,000), for the teers.’’; less than 300 hours during a period of not purpose of making grants under section (3) in subsection (d)— more than 1 year.’’; 121(a) to public or private nonprofit organi- (A) in paragraph (1), by striking ‘‘to be (3) in subsection (c)— zations to increase the participation of indi- conducted in those urban and rural areas in (A) in paragraph (1)(A), by striking ‘‘as viduals with disabilities in national service a State with the highest rates of poverty’’ demonstrated by the participant’’ and insert- and for demonstration activities in further- and inserting ‘‘in urban and rural areas with ing ‘‘as determined by the recipient or pro- ance of this purpose.’’. the highest rates of poverty’’; gram, if the participant has otherwise per- SEC. 1307. ADDITIONAL AUTHORITY. (B) in paragraph (2)— formed satisfactorily and has completed at Part II of subtitle C of title I (42 U.S.C. (i) in the first sentence, by striking ‘‘sec- least 15 percent of the original term of serv- 12581 et seq.) is amended by inserting after tion 129(d)(2)’’ and inserting ‘‘section 129(d)’’; ice’’; section 129 the following: (ii) by striking subparagraphs (A) and (G); (B) in paragraph (2)— ‘‘SEC. 129A. EDUCATION AWARDS PROGRAM. (iii) by redesignating subparagraphs (B) (i) in subparagraph (A), by striking ‘‘pro- ‘‘(a) IN GENERAL.—From amounts appro- through (F) as subparagraphs (A) through vide to the participant that portion of the priated for a fiscal year pursuant to section (E), respectively; national service educational award’’ and in- 501(a)(2) and consistent with the restriction (iv) in subparagraph (D) (as redesignated serting ‘‘certify the participant’s eligibility in subsection (b), the Corporation may pro- by clause (iii)), by adding ‘‘and’’ at the end; for that portion of the national service edu- vide operational assistance to programs that and cational award’’; and S7990 CONGRESSIONAL RECORD — SENATE June 17, 2003 (ii) in subparagraph (B)— SEC. 1402. INDIVIDUALS ELIGIBLE TO RECEIVE A SEC. 1403. DETERMINATION OF THE AMOUNT OF (I) by striking ‘‘to allow return to the pro- NATIONAL SERVICE EDUCATIONAL NATIONAL SERVICE EDUCATIONAL gram with which the individual was serving AWARD FROM THE TRUST. AWARDS. in order to’’; and Section 146 (42 U.S.C. 12602) is amended— Section 147(a) is amended— (II) by striking ‘‘obtain’’ and inserting ‘‘be- (1) in subsection (a)— (1) in subsections (a) and (b), by striking come eligible for’’; and (A) in the matter preceding paragraph (1)— ‘‘shall receive’’ and inserting ‘‘shall be eligi- (C) in paragraph (3), by striking ‘‘not re- (i) by striking ‘‘receive’’ and inserting ‘‘be ble to receive’’; ceive’’ and inserting ‘‘not be eligible to re- eligible to receive’’; and (2) in subsection (a), by striking ‘‘, for each ceive’’. (ii) by striking ‘‘if the individual’’ and in- of not more than 2 of such terms of service’’ and all that follows and inserting ‘‘of SEC. 1313. ADJUSTMENTS TO LIVING ALLOW- serting ‘‘if the organization responsible for ANCE. the individual’s supervision for a national $5,250.’’; Section 140 (42 U.S.C. 12594) is amended— service program certifies that the indi- (3) in subsection (c)— (1) in subsection (a), by adding at the end vidual’’; (A) by striking ‘‘full-time or part-time’’; the following: (B) by striking paragraphs (1), (2), and (3) and ‘‘(7) OTHER FEDERAL FUNDS.— and inserting the following: (B) by striking ‘‘provide the individual with’’ and inserting ‘‘provide for the indi- ‘‘(A) RECIPIENT REPORT.—A recipient of as- ‘‘(1) met the applicable eligibility require- vidual’’; and sistance under section 121 that is subject to ments for the approved national service posi- (4) by adding at the end the following: the limitation on the Federal share of the tion in which the individual served; ‘‘(d) AMOUNT FOR SECONDARY SCHOOL COM- annual living allowance in paragraph (2) ‘‘(2)(A) successfully completed the required MUNITY SERVICE.—Notwithstanding sub- shall report to the Corporation the amount term of service described in subsection (b) in and source of any Federal funds other than sections (a), (b), and (c), an individual de- the approved national service position; or scribed in section 146(a) who successfully those provided by the Corporation used to ‘‘(B)(i) satisfactorily performed prior to pay the annual living allowance under para- completes a required term of service de- being granted a release for compelling per- scribed in section 139(b)(4) in an approved na- graph (1). sonal circumstances under section 139(c); and tional service position in a program de- ‘‘(B) CORPORATION REPORT.—The Corpora- ‘‘(ii) completed at least 15 percent of the scribed in section 122(a)(18) shall receive a tion shall report to Congress on an annual original required term of service described in national service educational award having a basis information regarding each recipient subsection (b); and’’; and value, for each of not more than 4 of such that uses Federal funds other than those pro- (C) by redesignating paragraph (4) as para- terms of service, equal to $1000.’’. vided by the Corporation to pay the annual graph (3); living allowance under paragraph (1), includ- SEC. 1404. DISBURSEMENT OF NATIONAL SERV- (2) in subsection (b), by striking ‘‘full- or ICE EDUCATIONAL AWARDS. ing the amounts and sources of the other part-time’’; Section 148 (42 U.S.C. 12604) is amended— Federal funds.’’; and (3) by striking subsection (c) and inserting (1) in subsection (a)— (2) by striking subsection (h) and inserting the following: (A) in paragraph (3), by striking ‘‘and’’; the following: (B) by redesignating paragraph (4) as para- ‘‘(h) STIPENDS FOR SECONDARY SCHOOL COM- ‘‘(c) LIMITATION ON RECEIPT OF EDU- graph (5); and MUNITY SERVICE PROGRAM.—A recipient of CATIONAL AWARDS.—An individual may be el- assistance under section 121 to carry out a igible to receive, through national service (C) by inserting after paragraph (3) the fol- program described in section 122(a)(18) may educational awards made under this subtitle, lowing: provide a stipend, transportation services, a total amount that is not more than the ag- ‘‘(4) to pay expenses incurred in enrolling and educational support services to each par- gregate value of 2 national service edu- in an educational institution or training es- ticipant in the program, in lieu of benefits cational awards made for full-time service.’’; tablishment that meets the requirements of described in subsections (a), (d), and (e).’’. (4) in subsection (d)— chapter 36 of title 38, United States Code; and’’; Subtitle D—National Service Trust and Provi- (A) in paragraph (1)— (i) by inserting ‘‘(or a family member of (2) in subsection (b)— sion of National Service Educational (A) in paragraph (2), by striking ‘‘has Awards the individual designated in accordance with subsection (g))’’ after ‘‘under this section’’; earned’’ and inserting ‘‘is eligible to re- SEC. 1401. AVAILABILITY OF FUNDS IN THE NA- ceive’’; and TIONAL SERVICE TRUST. and (ii) by striking the period and inserting (B) in paragraph (7)— Section 145 (42 U.S.C. 12601) is amended— (i) in subparagraph (A), by striking ‘‘, (1) in subsection (a)— ‘‘(or, in the case of an individual who served in a program described in section 122(a)(18), other than a loan to a parent of a student (A) in paragraph (1)— pursuant to section 428B of such Act (20 (i) in subparagraph (A), by striking ‘‘and’’; the end of the 5-year period beginning on that date).’’; and U.S.C. 1078–2); and’’ and inserting a semi- (ii) in subparagraph (B), by adding ‘‘and’’ colon; at the end; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (ii) in subparagraph (B), by striking the pe- (iii) by adding at the end the following: riod and inserting ‘‘; and’’; and ‘‘(C) service-based scholarships for sec- (A)— (I) by inserting ‘‘(or a family member of (iii) by adding at the end the following: ondary school students, as described in sec- ‘‘(C) any loan (other than a loan described tion 149A;’’; and the individual designated in accordance with subsection (g))’’ after ‘‘an individual’’; or in subparagraph (A) or (B)) determined by an (B) in paragraph (2), by striking ‘‘pursuant institution of higher education to be nec- to section 196(a)(2)’’ and inserting ‘‘pursuant (II) by striking ‘‘that the individual—’’ and inserting ‘‘that—’’; essary to cover a student’s educational ex- to section 196(a)(2), if the terms of such dona- penses and made, insured, or guaranteed— tions direct that the amounts be deposited in (ii) in subparagraph (A)— ‘‘(i) by an eligible lender, as defined in sec- the National Service Trust’’; (I) by inserting ‘‘the individual (or family tion 435 of the Higher Education Act of 1965 (2) in subsection (c), by striking ‘‘for pay- member)’’ after ‘‘(A)’’; and (20 U.S.C. 1085); ments of national service educational awards (II) by inserting ‘‘(or 5-year period)’’ before ‘‘(ii) under the direct student loan program in accordance with section 148.’’ and insert- the semicolon; and under part D of title IV of such Act (20 U.S.C. ing ‘‘to pay for— (iii) in subparagraph (C), by inserting ‘‘the 1087a et seq.); or ‘‘(1) national service educational awards in individual’’ after ‘‘(B)’’; and ‘‘(iii) by a State agency.’’; accordance with section 148; (5) by adding at the end the following: (3) in subsection (e), by striking ‘‘sub- ‘‘(2) interest in accordance with section ‘‘(g) TRANSFERS.— section (b)(6)’’ and inserting ‘‘subsection 148(e); and ‘‘(1) DEFINITION.—In this subsection, the (b)(7)’’; ‘‘(3) the Federal share of service-based term ‘family member’, used with respect to (4) in subsection (f), by striking ‘‘Director’’ scholarships to secondary school students in an individual, means a spouse, son, daughter, and inserting ‘‘Chief Executive Officer’’; and accordance with section 149A.’’; and or grandchild of the individual. (5) by adding at the end the following: (3) in subsection (d)— ‘‘(2) ABILITY TO TRANSFER.—An individual ‘‘(h) RULE.—References in this section to (A) in paragraph (3)(B), by striking ‘‘and’’; who is eligible to receive a national service an individual (other than the third and (B) in paragraph (4)— educational award in accordance with this fourth such references in subsection (e)) (i) by striking ‘‘awards to’’ and inserting section may designate a family member of shall be considered to include references to a ‘‘awards for’’; and the individual to use the award in accord- family member of the individual designated (ii) by striking the period and inserting ‘‘; ance with section 148. The designated person under section 146(g).’’. and’’; and may submit an application under section 148 SEC. 1405. ADDITIONAL USES OF NATIONAL SERV- (C) by adding at the end the following: for disbursement of the award. On verifying ICE TRUST AMOUNTS. ‘‘(5) identify the number of students who the eligibility of the individual under this Subtitle D of title I (42 U.S.C. 12601 et seq.) have received service-based scholarships to section, and determining that the designated is amended by adding at the end the fol- secondary school students in accordance person is a family member of the individual lowing: with section 149A, and specify the amount of and is otherwise eligible to receive the award ‘‘SEC. 149. USE BY PARTICIPANTS WITH DISABIL- Federal and matching funds expended on an under this section, the Corporation shall dis- ITIES. annual basis on the service-based scholar- burse the award on behalf of the designated ‘‘Notwithstanding any other provision of ships.’’. person in accordance with section 148.’’. this subtitle, the Corporation may disburse June 17, 2003 CONGRESSIONAL RECORD — SENATE S7991 from the National Service Trust some or all (1) in the section heading, by striking not having attained the minimum age re- of a national service educational award di- ‘‘DEMONSTRATION’’; quired under section 12731(a) of title 10, rectly to an individual (or a family member (2) in subsections (a) and (b), by striking United States Code, would be entitled to re- of the individual designated in accordance ‘‘Demonstration’’; and tired or retainer pay payable out of the De- with section 146(g)) who provides a certifi- (3) in subsection (c), in the subsection partment of Defense Military Retirement cation that— heading, by striking ‘‘PROGRAMS’’ and insert- Fund under section 1463 of such title or to re- ‘‘(1) the individual (or family member) is— ing ‘‘COMPONENTS’’. tired pay referred to in subsection (a)(2) of ‘‘(A) entitled to disability insurance bene- SEC. 1504. ELIGIBLE PARTICIPANTS. such section 1463 that is payable by the Sec- fits under section 223 of the Social Security Section 153 (42 U.S.C. 12613) is amended— retary of Homeland Security; Act (42 U.S.C. 423); (1) in subsection (a), by striking ‘‘Dem- ‘‘(II) former members of the Armed Forces ‘‘(B) entitled to monthly insurance bene- onstration’’; who were discharged from the Armed Forces fits under section 202 of the Social Security (2) in subsection (b), by striking ‘‘if the or released from active duty during a period Act (42 U.S.C. 402) based on such individual’s person’’ and all that follows and inserting ‘‘if of a reduction in size of the Armed Forces; (or family member’s) disability (as defined in the person will be at least age 18 by Decem- ‘‘(III) former members of the Armed Forces section 223(d) of such Act (42 U.S.C. 423(d)); ber 31 of the calendar year in which the indi- who were discharged, and members of the or vidual enrolls in the program.’’; Armed Forces who have been transferred, ‘‘(C) eligible for supplemental security in- (3) in subsection (c), in the subsection from the Selected Reserve of the Ready Re- come benefits under title XVI of the Social heading, by striking ‘‘BACKROUNDS’’ and in- serve during a period of a reduction in size of Security Act (42 U.S.C. 1381 et seq.) on the serting ‘‘BACKGROUNDS’’; and the Armed Forces; or basis of blindness (as described in section (4) by striking subsection (e). ‘‘(IV) other members of the Armed Forces 1614(a)(2) of such Act (42 U.S.C. 1382c(a)(2)) or SEC. 1505. SUMMER NATIONAL SERVICE PRO- not on active duty and not actively partici- disability (as described in section 1614(a)(3) GRAM. pating in a reserve component of the Armed of such Act (42 U.S.C. 1382c(a)(3)); and Section 154(a) (42 U.S.C. 12614(a)) is amend- Forces; and ‘‘(2) the individual (or family member) will ed by striking ‘‘Demonstration’’. ‘‘(ii) commissioned officers, noncommis- use the disbursed funds to pay for education, SEC. 1506. TEAM LEADERS. sioned officers, former commissioned offi- training, or work-related activities designed Section 155 (42 U.S.C. 12615) is amended— cers, or former noncommissioned officers of to make the individual (or family member) (1) in subsection (a), by striking ‘‘Dem- the Armed Forces.’’. self-supporting. onstration’’; and SEC. 1511. REPEAL OF AUTHORITY FOR ADVI- ‘‘SEC. 149A. SERVICE-BASED SCHOLARSHIPS TO (2) in subsection (b), by adding at the end SORY BOARD AND FUNDING LIMITA- SECONDARY SCHOOL STUDENTS. the following: TION. ‘‘(a) PROGRAM AUTHORIZED.—The Corpora- ‘‘(4) TEAM LEADERS.—The Director may se- Sections 163 and 165 (42 U.S.C. 12623 and tion may use amounts in the National Serv- lect from Corps members individuals with 12625) are repealed. ice Trust to support a service-based scholar- prior supervisory or service experience, to be SEC. 1512. DEFINITIONS. ship program to recognize secondary school team leaders within units in the National Ci- juniors and seniors who are engaged in out- vilian Community Corps and to perform Section 166 (42 U.S.C. 12626) is amended— standing community service and scholarship. service that includes leading and supervising (1) by striking paragraphs (3) and (9); ‘‘(b) APPROVED USE OF SCHOLARSHIPS.—In teams of Corps members. Team leaders (2) by redesignating paragraphs (2), and (4) supporting the program, the Corporation shall— through (8), as paragraphs (4) through (9) re- may use the amounts to pay for not more ‘‘(A) be members of the National Civilian spectively; than 50 percent of the costs of a scholarship Community Corps; and (3) by inserting after paragraph (1) the fol- that also receives local funding, to help ‘‘(B) be provided the rights and benefits ap- lowing: cover an individual’s postsecondary edu- plicable to Corps members, except that the ‘‘(2) CAMPUS.—The term ‘campus’ means cation or job training costs. amount of the living allowance provided to a the facility or central location established as ‘‘(c) CORPORATION SHARE.—The Corpora- team leader under section 158(b) shall be not the operational headquarters and boarding tion’s share of an individual’s scholarship more than 10 percent greater than the place for particular Corps units. under the program may not exceed $500. amount established under section 158(b).’’. ‘‘(3) CAMPUS DIRECTOR.—The term ‘campus director’, with respect to a campus, means Subtitle E—National Civilian Community SEC. 1507. CONSULTATION WITH STATE COMMIS- Corps SIONS. the head of the campus under section 155(d).’’; and SEC. 1501. PURPOSE. Section 157 (42 U.S.C. 12617) is amended— (1) in subsection (b)— (4) in paragraphs (4), (5), and (8) (as redesig- Section 151 (42 U.S.C. 12611) is amended to nated by paragraph (2)), by striking ‘‘Dem- read as follows: (A) in paragraph (1)(B), by inserting ‘‘com- munity-based agencies and’’ before ‘‘rep- onstration’’ each place it appears. ‘‘SEC. 151. PURPOSE. resentatives of local communities’’; and SEC. 1513. TERMINOLOGY. ‘‘It is the purpose of this subtitle to au- (B) in paragraph (2), by inserting ‘‘State thorize the operation of, and support for, res- Subtitle E of title I (42 U.S.C. 12611 et seq.) commissions,’’ before ‘‘and persons involved idential service programs that combine the is amended— in other youth service programs.’’; and best practices of civilian service with the (1)(A) in section 155 (42 U.S.C. 12615)— (2) in subsection (c), by adding at the end best aspects of military service, including (i) in subsection (d)(2), in the paragraph the following: leadership and team building, to meet na- heading, by striking ‘‘CAMP SUPER- ‘‘(3) DISASTER ASSISTANCE.—In selecting tional and community needs, particularly INTENDENT’’ and inserting ‘‘CAMPUS DIREC- the projects, the Director shall place appro- concerns related to national security. The TOR’’; and priate emphasis on projects in support of dis- needs to be met under such programs include (ii) in subsection (f)— aster relief efforts.’’. needs related to natural and other disasters, (I) in paragraph (2)(A), by striking ‘‘super- which shall be addressed through activities SEC. 1508. PERMANENT CADRE. intendent’s’’ and inserting ‘‘director’s’’; and Section 159(a) (42 U.S.C. 12619(a)) is amend- coordinated with the Federal Emergency (II) in paragraph (3), by striking ‘‘camp su- ed by striking ‘‘Demonstration’’. Management Agency and other public and perintendent’’ and inserting ‘‘campus direc- private organizations.’’. SEC. 1509. CONTRACT AND GRANT AUTHORITY. tor’’; Section 161(a) (42 U.S.C. 12621(a)) is amend- (B) in section 157(c)(2) (42 U.S.C. SEC. 1502. NATIONAL CIVILIAN COMMUNITY CORPS. ed by striking ‘‘perform any program func- 12617(c)(2)), by striking ‘‘camp superintend- Subtitle E of title I (42 U.S.C. 12611 et seq.) tion under this subtitle’’ and inserting ents’’ and inserting ‘‘campus directors’’; and is amended— ‘‘carry out the National Civilian Community (C) except as provided in subparagraphs (A) (1) by striking the subtitle heading and in- Corps program’’. and (B), by striking ‘‘superintendent’’ each serting the following: SEC. 1510. OTHER DEPARTMENTS. place it appears and inserting ‘‘campus di- Section 162(a)(2)(A) (42 U.S.C. rector’’; and ‘‘Subtitle E—National Civilian Community 12622(a)(2)(A)) is amended— (2)(A) by striking ‘‘Corps camp’’ each place Corps’’; (1) by striking ‘‘to be recommended for ap- it appears and inserting ‘‘campus’’; (2) by striking ‘‘Civilian Community pointment’’ and inserting ‘‘from which indi- (B) by striking ‘‘camp’’ each place it ap- Corps’’ each place it appears and inserting viduals may be selected for appointment by pears and inserting ‘‘campus’’; ‘‘National Civilian Community Corps’’; the Director’’; and (C) by striking ‘‘camps’’ each place it ap- (3) by striking ‘‘CIVILIAN COMMUNITY (2) by striking ‘‘members and former mem- pears and inserting ‘‘campuses’’; and CORPS’’ each place it appears and inserting bers of the Armed Forces referred to in sec- (D) in section 155 (42 U.S.C. 12615)— ‘‘NATIONAL CIVILIAN COMMUNITY CORPS’’; and tion 151(3) who are commissioned officers, (i) in subsections (d) and (e), in the sub- (4) in section 155(b) (42 U.S.C. 12615(b)), by noncommissioned officers, former commis- section headings, by striking ‘‘CAMPS’’ and striking ‘‘CIVILIAN COMMUNITY CORPS’’ and sioned officers, or former noncommissioned inserting ‘‘CAMPUSES’’; and inserting ‘‘NATIONAL CIVILIAN COMMUNITY officers.’’ and inserting ‘‘individuals who (ii) in subsection (d)— CORPS’’. are— (I) in paragraph (1), in the paragraph head- SEC. 1503. PROGRAM COMPONENTS. ‘‘(i)(I) members and former members of the ing, by striking ‘‘CAMPS’’ and inserting ‘‘CAM- Section 152 (42 U.S.C. 12612) is amended— Armed Forces who are entitled or, except for PUSES’’; and S7992 CONGRESSIONAL RECORD — SENATE June 17, 2003

(II) in paragraph (3), in the paragraph ‘‘(e) STANDARDS OF CONDUCT.— ‘‘to determine the effectiveness of programs heading, by striking ‘‘CAMP’’ and inserting ‘‘(1) IN GENERAL.—Programs that receive that received assistance under the national ‘‘CAMPUS’’. assistance under the national service laws service laws in achieving stated goals and Subtitle F—Administrative Provisions shall establish and stringently enforce stand- the costs associated with each of the pro- SEC. 1601. FAMILY AND MEDICAL LEAVE. ards of conduct at the program sites to pro- grams, and for research and evaluation re- Section 171 (42 U.S.C. 12631) is amended— mote proper moral and disciplinary condi- garding the role of service and civic engage- (1) in subsection (a)(1), by striking ‘‘with tions, and shall consult with the parents or ment as a means of fostering healthy civic respect to a project’’ and inserting ‘‘with re- legal guardians of children in developing and organizations.’’; spect to a project authorized under subtitle operating programs that include children as (2) in subsection (g)— C, or part A of title I of the Domestic Volun- participants and serve children. (A) in paragraph (3), by striking ‘‘National teer Service Act of 1973 (42 U.S.C. 4951 et ‘‘(2) PARENTAL PERMISSION.—A program Senior Volunteer Corps’’ and inserting ‘‘Na- seq.)’’; that receives assistance under the national tional Senior Service Corps’’; and (2) by redesignating subsections (b) and (c) service laws shall, consistent with State law, (B) in paragraph (9), by striking ‘‘to public as subsections (c) and (d); and before transporting a minor child, provide service’’ and all that follows and inserting (3) by inserting after subsection (a) the fol- the reason for the transportation to, and ob- ‘‘to engage in service that benefits the com- lowing: tain written permission from, the child’s munity.’’; and ‘‘(b) SERVICE SPONSORS.—Participants or parents.’’. (3) by adding at the end the following: volunteers in a project authorized under sub- SEC. 1605. STATE COMMISSIONS ON NATIONAL ‘‘(j) RESERVED PROGRAM FUNDS FOR AC- title C, or title II of the Domestic Volunteer AND COMMUNITY SERVICE. COUNTABILITY.—In addition to amounts ap- Service Act of 1973 (42 U.S.C. 5000 et seq.), Section 178 (42 U.S.C. 12638) is amended— propriated under section 501 and made avail- shall not be considered to be employees for (1) in subsection (c)— able to carry out this section, the Corpora- purposes of determining whether a service (A) in paragraph (1), by adding at the end tion may reserve up to 1 percent of total pro- sponsor is an employer under subsection the following: gram funds appropriated for a fiscal year (a)(2).’’. ‘‘(J) A representative of the volunteer sec- under the national service laws to support SEC. 1602. ADDITIONAL PROHIBITIONS ON USE tor.’’; and program accountability activities.’’. OF FUNDS. (B) in paragraph (3), by striking ‘‘, unless SEC. 1607. TECHNICAL AMENDMENT. Section 174 (42 U.S.C. 12634) is amended by the State permits the representative to serve Section 181 (42 U.S.C. 12641) is amended by adding at the end the following: as a voting member of the State Commission striking ‘‘Section 414’’ and inserting ‘‘Sec- ‘‘(d) SEX EDUCATION PROGRAMS.—No assist- or alternative administrative entity’’; tion 422’’. ance made available under the national serv- (2) in subsection (d)(6)(B), by striking ‘‘sec- SEC. 1608. ADDITIONAL ADMINISTRATIVE PROVI- ice laws shall be used— tion 193A(b)(11)’’ and inserting ‘‘section SIONS. ‘‘(1) to develop or distribute materials or 193A(b)(10)’’; Subtitle F of title I (42 U.S.C. 12631 et seq.) operate programs or courses of instruction, (3) by striking subsection (e)(1) and insert- is amended by adding at the end the fol- directed at youth, that are designed to pro- ing the following: lowing: mote or encourage sexual activity; ‘‘(1) Preparation of a national service plan ‘‘SEC. 185. CONSOLIDATED APPLICATION AND RE- ‘‘(2) to distribute or aid in the distribution that— PORTING REQUIREMENTS. by any organization of obscene materials to ‘‘(A)(i) is developed through an open and ‘‘To promote efficiency and eliminate du- minors on school grounds; public process (such as through regional fo- plicative requirements, the Corporation, ‘‘(3) to provide in schools— rums, hearings, and other means) that pro- after consultation with State Commissions ‘‘(A) sex education, unless such education vides for maximum participation and input and the Director of the National Senior is age appropriate and includes discussion of from nonprofit organizations and public Service Corps may consolidate or modify ap- the health benefits of abstinence; and agencies; and plication procedures and reporting require- ‘‘(B) HIV-prevention instruction, unless ‘‘(ii) uses service and volunteerism as ments for programs and activities funded such instruction is age appropriate, includes strategies to meet critical community needs, under the national service laws. discussion of the health benefits of absti- including service through programs funded ‘‘SEC. 186. ACCOUNTABILITY FOR RESULTS. nence, and includes discussion of the health under the national service laws; ‘‘(a) MEASURES.— risks of the human papillomavirus, con- ‘‘(B) covers a 3-year period, the beginning ‘‘(1) ESTABLISHMENT OF MEASURES.—The sistent with the provisions of section 317P(c) of which may be set by the State; Corporation shall establish, after consulta- of the Public Health Service Act (42 U.S.C. ‘‘(C) is subject to approval by the Chief Ex- tion with recipients of assistance under the 247b-17(c)); or ecutive Officer; national service laws, performance measures ‘‘(4) to operate a program of contraceptive ‘‘(D) includes measurable goals and out- for each recipient (or subrecipient). distribution in schools.’’. comes, including performance measures es- ‘‘(2) CONTENT.—The performance measures SEC. 1603. NOTICE, HEARING, AND GRIEVANCE tablished under section 186; described in paragraph (1)— PROCEDURES. ‘‘(E) ensures outreach to community and ‘‘(A) shall include, for each program car- Section 176 (42 U.S.C. 12636) is amended— religious organizations, including such orga- ried out with such assistance— (1) by striking ‘‘this title’’ each place it ap- nizations that serve underrepresented popu- ‘‘(i) the number of participants enrolled pears and inserting ‘‘the national service lations; and completing terms of service; laws’’; ‘‘(F) provides for the effective coordination ‘‘(ii) specific performance indicators show- (2) in subsection (a)(2)(A), by striking ‘‘30 of funding applications submitted by the ing the outcome of the service activity, such days’’ and inserting ‘‘1 or more periods of 30 State, and others within the State, under the as— days, but not more than a total of 90 days’’; national service laws; and ‘‘(I) the number of children tutored; and ‘‘(G) identifies potential changes in prac- ‘‘(II) an indicator of academic gains, re- (3) in subsection (f)— tices and policies that would improve the co- lated to the degree of beneficiary participa- (A) in paragraph (1), by striking ‘‘A State ordination and effectiveness of Federal, tion in services provided through the service or local applicant’’ and inserting ‘‘An enti- State, and local resources for service and activity; ty’’; and volunteerism within the State.’’; ‘‘(III) the number of housing units ren- (B) in paragraph (6)— (4) by redesignating subsections (f) through ovated; (i) in subparagraph (C), by striking ‘‘and’’; (j) as subsections (g) through (k), respec- ‘‘(IV) the number of vaccines administered; (ii) by redesignating subparagraph (D) as tively; and ‘‘(V) the number of individuals assisted subparagraph (E); and (5) by inserting after subsection (e) the fol- through disaster preparedness or response (iii) by inserting after subparagraph (C) the lowing: activities; or following: ‘‘(f) RELIEF FROM ADMINISTRATIVE RE- ‘‘(VI) other quantitative and qualitative ‘‘(D) for a grievance filed by an individual QUIREMENTS.—Upon approval of a State na- measures as determined to be appropriate by applicant or participant— tional service plan prepared under sub- the recipient or subrecipient, as appropriate, ‘‘(i) the applicant’s selection or the partici- section (e)(1), the Chief Executive Officer for the program; and pant’s reinstatement, as the case may be; may waive, or specify alternatives to, ad- ‘‘(iii) a measure of community support; and ministrative requirements (other than re- ‘‘(B) may include, for each program— ‘‘(ii) other changes in the terms and condi- quirements of statutory provisions) other- ‘‘(i) an indicator of change in attitude by tions of the service involved; and’’. wise applicable to grants made to States beneficiaries of the program; SEC. 1604. RESOLUTION OF DISPLACEMENT COM- under the national service laws, including ‘‘(ii) the number of volunteers recruited; PLAINTS. those requirements identified by a State as and Section 177 (42 U.S.C. 12637) is amended— impeding the coordination and effectiveness ‘‘(iii) the numbers of participants who (1) in subsections (a) and (b), by striking of Federal, State, and local resources for failed to complete their terms of service; and ‘‘under this title’’ each place it appears and service and volunteerism within the State.’’. ‘‘(C) shall include an established level of inserting ‘‘under the national service laws’’; SEC. 1606. EVALUATION AND ACCOUNTABILITY. performance for each measure described in and Section 179 (42 U.S.C. 12639) is amended— subparagraph (A) or (B). (2) by striking subsection (e) and inserting (1) in subsection (a), by striking ‘‘to deter- ‘‘(3) SOURCE.—The Corporation may deter- the following: mine—’’ and all that follows and inserting mine whether a recipient (or subrecipient) June 17, 2003 CONGRESSIONAL RECORD — SENATE S7993 has achieved the performance measures de- Corporation, the Corporation, after collabo- ‘‘(C) start-up costs associated with a first- scribed in paragraph (1) on the basis of self- ration with State Commissions and the Di- time recipient of funds for a program de- reported data from the recipient (or sub- rector of the National Senior Service Corps scribed in subsection (a). recipient) and independent data collected by and after consultation with recipients of as- ‘‘(2) REPORTS.—The Chief Executive Officer the Corporation. sistance under the national service laws, shall submit reports to Congress annually on ‘‘(b) PLAN FOR FAILURE TO ACHIEVE PER- may set sustainability goals by establishing all waivers granted under this section, with FORMANCE MEASURES.— policies and procedures to— explanations of the compelling needs justi- ‘‘(1) PROGRAMS IN EXISTENCE FOR 3 YEARS OR ‘‘(1) build the capacity of the projects re- fying such waivers. LONGER.—A recipient (or subrecipient) of as- ceiving the assistance to meet community ‘‘SEC. 188D. NOTICE REQUIREMENT. sistance described in subsection (a)(1), for a needs; ‘‘(a) NOTICE.—The Corporation shall ensure program carried out under subtitle C that— ‘‘(2) provide technical assistance to assist that the following notice is included in all ‘‘(A) has been in existence for not less than the recipients in acquiring non-Federal funds application materials, announcements of 3 years; and for the projects; and grants, contracts, and other agreements, and ‘‘(B) fails to achieve the performance ‘‘(3) implement measures to ascertain other materials containing information re- measures described in subsection (a) during whether the projects are generating suffi- garding application for assistance provided fiscal year 2004 or a subsequent fiscal year, cient community support. under the national service laws: ‘The Civil shall submit a corrective plan to the Cor- ‘‘(b) ENFORCEMENT.—If a recipient de- Rights Act of 1964 (42 U.S.C. 2000 et seq.) pro- poration that addresses the performance scribed in subsection (a) does not meet the hibits employers with 15 or more employees measures that the program failed to achieve, sustainability goals for a project, the Cor- from engaging in employment practices that with detailed information on how the recipi- poration may suspend or terminate assist- discriminate against an individual on the ent (or subrecipient) will ensure that the ance for the project to the recipient, con- basis of religion. Under section 702(a) of the program will achieve the measures. sistent with subsections (a), (b), (c), and (f) of Civil Rights Act of 1964, this prohibition gen- ‘‘(2) PROGRAMS IN EXISTENCE FOR LESS THAN section 176. erally does not apply to a religious corpora- 3 YEARS.—A recipient (or subrecipient) of as- ‘‘SEC. 188. CAPACITY BUILDING. tion, association, educational institution, or sistance described in subsection (a)(1), for a ‘‘Participants in programs supported under society. However, as a requirement of receiv- program carried out under subtitle C that— the national service laws, including individ- ing funding under the national service laws, ‘‘(A) has been in existence for less than 3 uals serving in approved national service po- any such religious entity shall not discrimi- years; and sitions, may engage in activities, including nate on the basis of religion against a new ‘‘(B) fails to achieve the performance recruiting and managing volunteers, that in- employee who is paid with funds received measures described in subsection (a) dur- crease the capacity of organizations that re- under the national service laws, pursuant to ing— ceive assistance under the national service section 175(c) of the National and Commu- ‘‘(i) the later of fiscal year 2004 or the first laws to address unmet human, educational, nity Service Act of 1990 (42 U.S.C. 12635(c)) fiscal year in which the program is in exist- environmental, or public safety needs. and section 417(c) of the Domestic Volunteer ence; or ‘‘SEC. 188A. EXPENSES OF ATTENDING MEETINGS. Service Act of 1973 (42 U.S.C. 5057(c)).’. ‘‘(ii) a subsequent fiscal year, ‘‘Notwithstanding section 1345 of title 31, ‘‘(b) CONFIRMATION.—Before providing as- shall receive technical assistance from the United States Code, funds authorized under sistance to a private entity referred to in the Corporation to address targeted performance the national service laws shall be available notice specified in subsection (a), the Cor- problems relating to the performance meas- for expenses of attendance of meetings that poration shall ensure that the entity pro- ures that the program failed to achieve, and are concerned with the functions or activi- vides written confirmation, separate from shall provide quarterly reports on the pro- ties for which the funds are appropriated or any other document required by law or regu- gram’s progress in achieving the perform- that will contribute to improved conduct, su- lation, acknowledging that the entity has ance measures described in subsection (a) to pervision, or management of those functions read and understands that notice. ‘‘(c) CONSTRUCTION.—Subsections (a) and the appropriate State and the Corporation. or activities. (b) shall not be construed to amend, or su- ‘‘(c) MEASURES FOR FAILURE TO ACHIEVE ‘‘SEC. 188B. GRANT PERIODS. persede or otherwise affect rights, protec- PERFORMANCE MEASURES.— ‘‘Unless otherwise specifically provided, tions, or duties under, any law, other than ‘‘(1) PROGRAMS IN EXISTENCE FOR 3 YEARS OR the Corporation has authority to make a this Act. LONGER.—If, after a period for correction ap- grant, or enter into a contract or coopera- proved by the Corporation, a recipient (or tive agreement, under the national service ‘‘SEC. 188E. AUDITS AND REPORTS. subrecipient) described in subsection (b)(1) of laws for a period of 3 years. ‘‘The Corporation shall comply with appli- assistance described in subsection (a)(1) fails cable audit and reporting requirements as ‘‘SEC. 188C. LIMITATION ON PROGRAM GRANT provided in chapters 5 and 91 of title 31, to achieve the performance measures for a COSTS. United States Code (relating to the Office of program, the Corporation shall— ‘‘(a) LIMITATION ON GRANT AMOUNTS.—Ex- Management and Budget and government ‘‘(A) reduce the annual amount of the as- cept as otherwise provided by this section, corporations). The Corporation shall report sistance for the program to the underper- the amount of funds approved by the Cor- to the Congress any failure to comply with forming recipient (or subrecipient) by not poration for a grant to operate a nonresiden- the requirements relating to such audits. less than 25 percent; or tial program authorized under the national ‘‘(B) terminate assistance for the program service laws supporting individuals serving ‘‘SEC. 188F. CONSTRUCTION. to the underperforming recipient (or sub- in approved national service positions may ‘‘An individual participating in service in a recipient), consistent with subsections (a), not exceed $16,000 per full-time equivalent program described in section 122(a)(18) shall (b), (c), and (f) of section 176. position. not be considered to be an employee engaged ‘‘(2) PROGRAMS IN EXISTENCE FOR LESS THAN ‘‘(b) COSTS SUBJECT TO LIMITATION.—The in employment for purposes of the Fair 3 YEARS.—If, after 2 years, a recipient (or limitation in subsection (a) applies to the Labor Standards Act of 1938 (29 U.S.C. 201 et subrecipient) described in subsection (b)(2) Corporation’s share of participant support seq.).’’. fails to show progress in achieving the per- costs, staff costs, and other costs borne by Subtitle G—Corporation for National and formance measures described in subsection the recipient or a subrecipient of the funds Community Service (a) for a program, the Corporation shall to operate a program. SEC. 1701. TERMS OF OFFICE. make the reduction described in subpara- ‘‘(c) COSTS NOT SUBJECT TO LIMITATION.— Section 192 (42 U.S.C. 12651a) is amended— graph (A), or the termination described in The limitation in subsection (a) shall not (1) by striking subsection (c) and inserting subparagraph (B), of paragraph (1). apply to expenses that are not covered by the following: ‘‘(d) REPORTS TO CONGRESS.—The Corpora- the grant award. ‘‘(c) TERMS.—Subject to subsection (e), tion shall submit a report to Congress not ‘‘(d) ADJUSTMENTS FOR INFLATION.—The each appointed member of the Board shall later than 2 years after the date of enact- amount specified in subsection (a) shall be serve for a term of 5 years.’’; and ment of this section, and annually there- increased each year after 2004 for inflation as (2) by adding at the end the following: after, containing information, for the year measured by the Consumer Price Index for ‘‘(e) SERVICE UNTIL APPOINTMENT OF SUC- covered by the report, on the number of— All Urban Consumers published by the Sec- CESSOR.—An appointed member of the Board ‘‘(1) recipients and subrecipients imple- retary of Labor. whose term has expired may continue to menting corrective plans under this section; ‘‘(e) WAIVER AUTHORITY AND REPORTING RE- serve until the earlier of— ‘‘(2) recipients and subrecipients for which QUIREMENT.— ‘‘(1) the date on which a successor has the Corporation terminates assistance for a ‘‘(1) WAIVER.—The Chief Executive Officer taken office; or program under this section; and may waive the requirements of subsections ‘‘(2) the date on which the Congress ad- ‘‘(3) recipients and subrecipients achieving (a) through (d), if necessary to meet the com- journs sine die to end the session of Congress (including exceeding) performance measures pelling needs of a particular program, such that commences after the date on which the under this section. as— member’s term expired.’’. ‘‘SEC. 187. SUSTAINABILITY. ‘‘(A) exceptional training needs for a pro- SEC. 1702. BOARD OF DIRECTORS AUTHORITIES ‘‘(a) GOALS.—To ensure that recipients of gram serving disadvantaged youth; AND DUTIES. assistance under the national service laws ‘‘(B) increased costs relating to the partici- Section 192A(g) (42 U.S.C. 12651b(g)) is are carrying out sustainable projects, the pation of individuals with disabilities; and amended— S7994 CONGRESSIONAL RECORD — SENATE June 17, 2003 (1) by striking paragraph (2); provide to members of such organizations may make a grant to America’s Promise: (2) by redesignating paragraph (1) as para- and such individuals the travel expenses de- The Alliance for Youth (referred to in this graph (2); scribed in section 192A(d).’’; section as the ‘‘alliance’’) to support its ac- (3) by inserting before paragraph (2) (as re- (B) in subparagraph (B)— tivities relating to mobilizing communities designated by paragraph (2)) the following: (i) in the matter preceding clause (i), by to ensure that young people become produc- ‘‘(1) have responsibility for setting overall striking ‘‘Such a volunteer’’ and inserting tive, responsible adults. policy for the Corporation;’’; ‘‘A person who is a member of an organiza- ‘‘(b) USE OF FUNDS.—The alliance may use (4) in paragraph (5)(B), by striking ‘‘the an- tion, or is an individual, covered by subpara- the funds made available through the grant nual strategic plan referred to in paragraph graph (A)’’; to pay for costs attributable to the develop- (1), the proposals referred to in paragraphs (ii) in clause (i), by striking ‘‘a volunteer ment or operation of programs, consistent (2) and (3)’’ and inserting ‘‘the annual stra- under this subtitle’’ and inserting ‘‘such a with the terms of the grant. tegic plan referred to in paragraph (2), the person’’; ‘‘(c) CHIEF EXECUTIVE OFFICER AS EX OFFI- proposal referred to in paragraph (3)’’; (iii) in clause (ii), by striking ‘‘volunteers CIO MEMBER OF BOARD OF DIRECTORS.—The (5) in paragraph (9), by inserting ‘‘and’’ under this subtitle’’ and inserting ‘‘such per- Chief Executive Officer may serve as an ex after ‘‘Corporation;’’; sons’’; and officio, nonvoting member of the Board of (6) in paragraph (10), by striking ‘‘; and’’ (iv) in clause (iii), by striking ‘‘such a vol- Directors of the alliance.’’. and inserting a period; and unteer’’ and inserting ‘‘such a person’’; and Subtitle J—Points of Light Foundation (7) by striking paragraph (11). (C) in subparagraph (C)(i), by striking SEC. 1911. PURPOSES. SEC. 1703. PEER REVIEWERS. ‘‘Such a volunteer’’ and inserting ‘‘Such a Section 302 (42 U.S.C. 12661) is amended to Section 193A (42 U.S.C. 12651d) is amend- person’’; and read as follows: ed— (2) by striking paragraph (3). ‘‘SEC. 302. PURPOSES. (1) in subsection (b)— Subtitle H—Investment for Quality and ‘‘The purposes of this title are— (A) in paragraph (2)(B), by striking ‘‘after Innovation ‘‘(1) to encourage every individual and receiving and reviewing an approved pro- SEC. 1801. TECHNICAL AMENDMENTS TO SUB- every institution in the Nation to help solve posal under section 192A(g)(2),’’; TITLE H. critical social problems by volunteering (B) in paragraph (8)(B)— Section 198 (42 U.S.C. 12653) is amended— time, energies, and services through commu- (i) in clause (i), by striking ‘‘section (1) in subsection (a), by striking ‘‘sub- nity and volunteer service projects and ini- 192A(g)(1)’’ and inserting ‘‘section section (r)’’ and inserting ‘‘subsection (q)’’; tiatives; 192A(g)(2)’’; and (2) in subsection (e)— ‘‘(2) to identify successful and promising (ii) in clause (ii), by striking ‘‘proposals (A) in the subsection heading, by striking community and volunteer service projects approved by the Board under paragraph (2) or ‘‘IMPROVE ABILITY TO APPLY FOR ASSIST- and initiatives, and to disseminate informa- (3) of section 192A(g)’’ and inserting ‘‘pro- ANCE’’ and inserting ‘‘TRAINING AND TECH- tion, training, and technical assistance con- posal approved by the Board under section NICAL ASSISTANCE’’; and cerning such projects and initiatives to other 192A(g)(3)’’; and (B) by striking ‘‘and other entities’’ and all communities in order to promote and sustain (C) in paragraph (9)(C), by striking the that follows and inserting ‘‘and other enti- the adoption of the projects and initiatives semicolon and inserting ‘‘; and’’; ties, including those in underserved rural nationwide; (D) by striking paragraph (10); and and urban areas, to enable them to apply for ‘‘(3) to discover and encourage new leaders (E) by redesignating paragraph (11) as funding under one of the national service and develop individuals and institutions that paragraph (10); laws, to conduct high-quality programs, to serve as strong examples of a commitment to (2) in subsection (c)— evaluate such programs, to support efforts to serving others, and to convince all people in (A) in paragraph (9), by striking ‘‘and’’ at improve the management of nonprofit orga- the United States that a successful life in- the end; nizations and community groups, and for cludes serving others; (B) by redesignating paragraph (10) as other purposes.’’; ‘‘(4) to encourage and facilitate the devel- paragraph (11); and (3) in subsection (i)— opment of new volunteer centers in des- (C) by inserting after paragraph (9) the fol- (A) by striking ‘‘conduct a campaign to’’; ignated communities; and lowing: and ‘‘(5) to strengthen the aggregate infra- ‘‘(10) obtain the opinions of peer reviewers (B) by striking ‘‘to promote’’ and inserting structure of our Nation’s volunteer centers in evaluating applications to the Corpora- ‘‘may promote’’; in order to maximize recruitment, manage- tion for assistance under this title; and’’; (4) by striking subsection (q) and redesig- ment, and retention.’’. (3) by striking subsection (f); and nating subsections (r) and (s) as subsections SEC. 1912. BOARD OF DIRECTORS. (4) by redesignating subsection (g) as sub- (q) and (r), respectively; Section 303 (42 U.S.C. 12662) is amended— section (f). (5) in subsection (q) (as redesignated by (1) in subsection (a), by striking ‘‘Corpora- SEC. 1704. OFFICERS. paragraph (4)), in the subsection heading, by tion’’ and inserting ‘‘Corporation for Na- Section 194(d) (42 U.S.C. 12651e(d)) is striking ‘‘ASSISTANCE FOR HEAD START’’ and tional and Community Service (referred to amended, in the subsection heading, by inserting ‘‘AGREEMENTS CONCERNING FOSTER in this title as the ‘Corporation’)’’; striking ‘‘NATIONAL SENIOR VOLUNTEER GRANDPARENT PROGRAMS’’; and (2) by redesignating subsection (b) as sub- CORPS’’ and inserting ‘‘NATIONAL SENIOR (6) by adding at the end the following: section (c); and SERVICE CORPS’’. ‘‘(s) VOLUNTEER SERVICE TECHNOLOGY PRO- (3) by inserting after subsection (a) the fol- SEC. 1705. NONVOTING MEMBERS; PERSONAL GRAMS.—The Corporation may make avail- lowing: SERVICES CONTRACTS. able not more than $5,000,000 per year to ‘‘(b) CHIEF EXECUTIVE OFFICER AS EX OFFI- Section 195 (42 U.S.C. 12651f) is amended— make grants to Internet volunteer recruiting CIO MEMBER OF BOARD OF DIRECTORS.—The (1) in subsection (c)(3)— entities, to pay for the Federal share of the Chief Executive Officer of the Corporation (A) in the paragraph heading, by striking cost of programs to assist the entities to lo- may serve as an ex officio nonvoting member ‘‘MEMBER’’ and inserting ‘‘NON-VOTING MEM- cate, promote, and match volunteers with, of the Foundation’s Board of Directors.’’. BER’’; and local service and volunteer organizations. SEC. 1913. GRANTS TO THE FOUNDATION. (B) by inserting ‘‘non-voting’’ before The Federal share of the cost shall be 75 per- Section 304 (42 U.S.C. 12663) is amended— ‘‘member’’; and cent. The non-Federal share of the cost shall (1) in subsection (a), in the matter pre- (2) by adding at the end the following: be provided from State or local sources.’’. ceding paragraph (1), by striking ‘‘a depart- ‘‘(g) PERSONAL SERVICES CONTRACTS.—The SEC. 1802. CLEARINGHOUSES. ment or agency in the executive branch’’ and Corporation may enter into personal services Section 198A(a) (42 U.S.C. 12653a(a)) is all that follows through ‘‘the President—’’ contracts to carry out research, evaluation, amended by striking ‘‘section 118’’ and in- and inserting ‘‘the Corporation—’’; and and public awareness projects related to the serting ‘‘section 120A’’. (2) by adding after subsection (b) the fol- national service laws.’’. SEC. 1803. REPEAL OF SPECIAL DEMONSTRATION lowing: SEC. 1706. DONATED SERVICES. PROJECT. ‘‘(c) ENDOWMENT.— Section 196(a) (42 U.S.C. 12651g(a)) is Section 198D (42 U.S.C. 12653d) is repealed. ‘‘(1) IN GENERAL.—Notwithstanding any amended— other provision of law, from the funds made Subtitle I—Additional Authorities (1) in paragraph (1)— available each fiscal year under sections 303 (A) by striking subparagraph (A) and in- SEC. 1901. AMERICA’S PROMISE: THE ALLIANCE and 501(b), the Foundation may use not more serting the following: FOR YOUTH. than 25 percent to establish or support an en- Title I (42 U.S.C. 12511) is amended by add- ‘‘(A) ORGANIZATIONS AND INDIVIDUALS.— dowment fund, the corpus of which shall re- Notwithstanding section 1342 of title 31, ing at the end the following: main intact and the interest income from United States Code, the Corporation may so- ‘‘Subtitle J—America’s Promise: The Alliance which shall be used to support activities de- licit and accept the voluntary services of or- for Youth scribed in this title. The Foundation may in- ganizations and individuals (other than par- ‘‘SEC. 199N. AUTHORITY TO PROVIDE ASSIST- vest the corpus and income only in federally ticipants) to assist the Corporation in car- ANCE. insured bank savings accounts or comparable rying out the duties of the Corporation ‘‘(a) IN GENERAL.—Subject to the avail- interest-bearing accounts, certificates of de- under the national service laws, and may ability of appropriations, the Corporation posit, money market funds, mutual funds, June 17, 2003 CONGRESSIONAL RECORD — SENATE S7995 obligations of the United States, or other ance under subtitle J of title I $7,500,000 for nity Service Act of 1990 (42 U.S.C. 12501 et market instruments and securities, but not fiscal year 2004 and such sums as may be nec- seq.)’’; and in real estate. essary for each of fiscal years 2005 through (B) in paragraph (3), by striking ‘‘this sub- ‘‘(2) END OF OPERATIONS.—The Chief Execu- 2008. section with those’’ and inserting ‘‘this sub- tive Officer shall obtain from the Foundation ‘‘(5) ADMINISTRATION.— section, and related recruitment and public complete and accurate records of Federal ‘‘(A) IN GENERAL.—There are authorized to awareness activities carried out under the funds deposited in an endowment fund estab- be appropriated for the administration of national service laws, with the recruitment lished or supported in accordance with para- this Act, including the provision of financial and public awareness activities’’; graph (1). The corpus of such an endowment assistance under section 126(a), $34,000,000 for (4) in subsection (g), by striking ‘‘and has fund shall revert to the Treasury if the Chief fiscal year 2004 and such sums as may be nec- been submitted to the Governor’’ and all Executive Officer determines that— essary for each of fiscal years 2005 through that follows and inserting a period; and ‘‘(A) the Foundation has ceased operations; 2008. (5) by adding at the end the following: or ‘‘(B) CORPORATION.—Of the amounts appro- ‘‘(i) The Director may enter into agree- ‘‘(B) the Foundation is no longer capable of priated under subparagraph (A) for a fiscal ments under which public and private non- carrying out the activities described in sec- year— profit organizations with sufficient financial tion 302. ‘‘(i) not more than 60 percent shall be made capacity and size pay for all or a portion of ‘‘(d) GRANTS TO SUPPORT COMMUNITY- available to the Corporation for the adminis- the costs of supporting the service of volun- BASED VOLUNTEER CENTERS.—From funds tration of this Act; and teers under this title, consistent with the made available under sections 303 and 501(b), ‘‘(ii) the remainder shall be available to provisions of section 187 of the National and the Foundation may make grants to— provide financial assistance under section Community Service Act of 1990.’’. ‘‘(1) community-based organizations for 126(a). SEC. 2104. TERMS AND PERIODS OF SERVICE. the purpose of facilitating the development ‘‘(b) TITLE III.—There are authorized to be Section 104 (42 U.S.C. 4954) is amended— of volunteer centers; and appropriated to carry out title III $10,000,000 (1) by striking subsection (a) and inserting ‘‘(2) community-based volunteer centers to for fiscal year 2004 and such sums as may be the following: support their ability to recruit, manage, and necessary for each of fiscal years 2005 ‘‘(a)(1) Except as provided in paragraphs (2) retain volunteers.’’. through 2008. through (4), volunteers serving under this Subtitle K—Authorization of Appropriations ‘‘(c) AVAILABILITY OF APPROPRIATIONS.— part shall be required to make a full-time personal commitment to combating poverty SEC. 1921. AUTHORIZATION. Funds appropriated under this section shall and poverty-related problems. To the max- Section 501 (42 U.S.C. 12681) is amended to remain available until expended.’’. imum extent practicable, that requirement read as follows: TITLE II—AMENDMENTS TO THE DOMES- for a full-time personal commitment shall TIC VOLUNTEER SERVICE ACT OF 1973 ‘‘SEC. 501. AUTHORIZATION OF APPROPRIATIONS. include a commitment to live among and at ‘‘(a) TITLE I.— SEC. 2001. REFERENCES. the economic level of the people served, and ‘‘(1) SUBTITLE B.— Except as otherwise specifically provided, to remain available for service without re- ‘‘(A) IN GENERAL.—There are authorized to whenever in this title an amendment or re- gard to regular working hours, at all times be appropriated to provide financial assist- peal is expressed in terms of an amendment during the periods of service, except for au- ance under subtitle B of title I, $55,000,000 for to, or repeal of, a provision, the reference thorized periods of leave. fiscal year 2004, $58,000,000 for fiscal year shall be considered to be made to a provision ‘‘(2) The Director may exempt volunteers 2005, $61,000,000 for fiscal year 2006, $65,000,000 of the Domestic Volunteer Service Act of serving under this part for fiscal year 2003 or for fiscal year 2007, and such sums as may be 1973 (42 U.S.C. 4950 et seq.). 2004 from the requirements of paragraph (1), necessary for fiscal year 2008. Subtitle A—National Volunteer Antipoverty but the requirements shall apply to— ‘‘(B) PROGRAMS.—Of the amount appro- Programs ‘‘(A) not less than 75 percent of such volun- priated under subparagraph (A) for a fiscal SEC. 2101. PURPOSE. teers for fiscal year 2003; and year— ‘‘(B) not less than 50 percent of such volun- ‘‘(i) not more than 50 percent shall be The second sentence of section 2(b) (42 U.S.C. 4950(b)) is amended by striking ‘‘local teers for fiscal year 2004. available to provide financial assistance ‘‘(3) Not later than September 30, 2004, the agencies’’ and inserting ‘‘local agencies, ex- under part I of subtitle B of title I; Comptroller General of the United States pand relationships with, and support for, the ‘‘(ii) not more than 25 percent shall be shall submit a report to Congress on whether efforts of civic, community, and educational available to provide financial assistance the exemptions permitted under paragraph organizations,’’. under part II of such subtitle; and (2) have had a material and adverse effect on ‘‘(iii) not less than 25 percent shall be SEC. 2102. PURPOSE OF THE VISTA PROGRAM. the ability of the VISTA program to combat available to provide financial assistance Section 101 (42 U.S.C. 4951) is amended— poverty and poverty-related problems, such under part III of such subtitle. (1) in the second sentence, by striking ‘‘af- as an increased attrition rate among volun- ‘‘(2) SUBTITLES C, D, AND H.— flicted with’’ and inserting ‘‘affected by’’; teers, and difficulty in recruiting volunteers, ‘‘(A) IN GENERAL.—There are authorized to and to serve under this part. be appropriated to provide financial assist- (2) in the third sentence, by striking ‘‘local ‘‘(4)(A) Except as provided in subparagraph ance under subtitles C and H of title I, to ad- level’’ and all that follows and inserting (B), the Director may exempt volunteers minister the National Service Trust and pro- ‘‘local level, to support efforts by local agen- serving under this part for fiscal year 2005 or vide national service educational awards and cies and community organizations to achieve a subsequent fiscal year from the require- service-based scholarships for secondary long-term sustainability of projects initiated ments of paragraph (1), but the requirements school students under subtitle D of title I, or expanded under the VISTA program, and shall apply to not less than 25 percent of and to carry out such audits and evaluations to strengthen local agencies and community such volunteers for fiscal year 2005. as the Chief Executive Officer or the Inspec- organizations to carry out the purpose of ‘‘(B) Subparagraph (A) shall not apply if tor General of the Corporation may deter- this part, consistent with the provisions of the Comptroller General of the United States mine to be necessary, $415,000,000 for fiscal section 187 of the National and Community determines, in the report described in para- year 2004, and such sums as may be necessary Service Act of 1990.’’. graph (3), that the exemptions permitted for fiscal years 2005 through 2008. SEC. 2103. APPLICATIONS. under paragraph (2) have had a material and ‘‘(B) PROGRAMS.—Of the amount appro- Section 103 (42 U.S.C. 4953) is amended— adverse effect on the ability of the VISTA priated under subparagraph (A) for a fiscal (1) in subsection (a)(2)— program to combat poverty and poverty-re- year, not more than 15 percent shall be made (A) by striking ‘‘handicapped’’ and insert- lated problems.’’; available to provide financial assistance ing ‘‘disabled’’; and (2) in subsection (b)(2), by striking ‘‘if the under section 125, under subsections (b) and (B) by striking ‘‘handicaps’’ and inserting Director determines’’ and all that follows (c) of section 126, and under subtitle H of ‘‘disabilities’’; and inserting ‘‘if they are enrolled for peri- title I. (2) in subsection (b)(1), by striking ‘‘re- ods of at least 1,700 hours for service to ‘‘(C) SUBTITLE C.—Of the amount appro- cruitment and placement procedures’’ and which the requirements of subsection (a)(1) priated under subparagraph (A) for fiscal inserting ‘‘recruitment and placement proce- do not apply.’’; and year 2004, not more than $315,000,000 shall be dures that involve sponsoring organizations (3) in subsection (d)— made available to provide financial assist- and’’; (A) in the first sentence, by striking ‘‘with ance under section 121. (3) in subsection (c)— the terms and conditions of their service.’’ ‘‘(3) SUBTITLE E.—There are authorized to (A) in paragraph (1)— and inserting ‘‘with the terms and conditions be appropriated to operate the Civilian Com- (i) in the matter preceding subparagraph of their service or any adverse action, in- munity Corps and provide financial assist- (A), by striking ‘‘personnel described in sub- cluding termination, proposed by the spon- ance under subtitle E of title I, $30,000,000 for section (b)(2)(C)’’ and inserting ‘‘personnel soring organization involved. The procedure fiscal year 2004 and such sums as may be nec- described in subsection (b)(2)(C) and spon- shall provide for an appeal to the Director of essary for each of fiscal years 2005 through soring organizations’’; and any proposed termination from service.’’; 2008. (ii) in subparagraph (F), by striking ‘‘Na- and ‘‘(4) SUBTITLE J.—There are authorized to tional and Community Service Trust Act of (B) in the last sentence, by striking ‘‘and be appropriated to provide financial assist- 1993’’ and inserting ‘‘National and Commu- the terms and conditions of their service’’. S7996 CONGRESSIONAL RECORD — SENATE June 17, 2003 SEC. 2105. SECTIONS REPEALED. SEC. 2204. FOSTER GRANDPARENT PROGRAM (6) by adding at the end the following: Sections 109 and 124 (42 U.S.C. 4959 and GRANTS. ‘‘(g) The Director may also provide a sti- 4995) are repealed. Section 211 (42 U.S.C. 5011) is amended— pend or allowance in an amount not to ex- SEC. 2106. REDESIGNATION. (1) in subsection (a), by striking ‘‘low-in- ceed 10 percent more than the amount estab- Part A of title I (42 U.S.C. 4951 et seq.) is come persons aged sixty or over’’ and insert- lished under subsection (d) to leaders who, amended by redesignating section 110 as sec- ing ‘‘low-income and other persons aged 55 or on the basis of past experience as volunteers, tion 109. over’’; special skills, and demonstrated leadership (2) in subsection (b)— SEC. 2107. UNIVERSITY YEAR FOR VISTA PRO- abilities, may coordinate activities, includ- GRAM. (A) in paragraph (1)— ing training, and otherwise support the serv- Section 111(b) (42 U.S.C. 4971(b)) is amended (i) in the matter preceding subparagraph ice of volunteers under this part. in the third sentence by striking ‘‘agencies, (A), by striking ‘‘shall have the exclusive au- ‘‘(h) The Director may provide payments institutions, and situations’’ and inserting thority to determine, pursuant to the provi- under subsection (d) for up to 15 percent of ‘‘agencies and institutions, including civic, sions of paragraph (2) of this subsection—’’ volunteers serving in a project under this community, and educational organiza- and inserting ‘‘may determine—’’; part for a fiscal year who do not meet the tions,’’. (ii) in subparagraph (A), by striking ‘‘and’’; definition of ‘low-income’ under subsection (iii) in subparagraph (B), by striking the (e), upon certification by the recipient of a SEC. 2108. CONFORMING AMENDMENT. period and inserting ‘‘; and’’; and grant or contract that it is unable to effec- Section 121 is amended in the second sen- (iv) by adding at the end the following: tively recruit and place low-income volun- tence by striking ‘‘agencies, institutions, ‘‘(C) whether it is in the best interests of a teers in the number of placements approved and situations’’ and inserting ‘‘agencies and child receiving, and of a particular foster for the project.’’. institutions, including civic, community, grandparent providing, services in such a and educational organizations,’’. SEC. 2205. SENIOR COMPANION PROGRAM project, to continue such relationship after GRANTS. Subtitle B—National Senior Service Corps the child reaches the age of 21, if such child Section 213 (42 U.S.C. 5013) is amended— SEC. 2201. CHANGE IN NAME. was receiving such services prior to attain- (1) in subsection (a), by striking ‘‘low-in- Title II (42 U.S.C. 5000 et seq.) is amended ing the age of 21.’’; come persons aged 60 or over’’ and inserting in the title heading by striking ‘‘NATIONAL (B) by striking paragraph (2); ‘‘low-income and other persons aged 55 or SENIOR VOLUNTEER CORPS’’ and insert- (C) by redesignating paragraph (3) as para- over’’; ing ‘‘NATIONAL SENIOR SERVICE graph (2); (2) in subsection (b), by striking ‘‘Sub- CORPS’’. (D) in paragraph (2) (as redesignated by sections (d), (e), and (f)’’ and inserting ‘‘Sub- SEC. 2202. PURPOSE. subparagraph (C) of this section), by striking sections (d) through (h)’’; and Section 200 (42 U.S.C. 5000) is amended to ‘‘paragraphs (1) and (2)’’ and inserting ‘‘para- (3) by striking subsection (c)(2)(B) and in- read as follows: graph (1)’’; and serting the following: ‘‘SEC. 200. STATEMENT OF PURPOSE. (E) by adding at the end the following: ‘‘(B) Senior companion volunteer trainers ‘‘(3) If an assignment of a foster grand- ‘‘It is the purpose of this title to provide— and leaders may receive a stipend or allow- parent is suspended or discontinued, the re- ‘‘(1) opportunities for senior service to ance consistent with subsections (d), (g), and placement of that foster grandparent shall meet unmet local, State, and national needs (h) of section 211, as approved by the Direc- be determined through the mutual agree- tor.’’. in the areas of education, public safety, ment of all parties involved in the provision health and human needs, and the environ- SEC. 2206. TECHNICAL AMENDMENTS. of services to the child.’’; (a) NATIONAL SENIOR SERVICE CORPS.— ment; (3) in subsection (d)— ‘‘(2) for the National Senior Service Corps, (1) SECTION 221.—Section 221 (42 U.S.C. 5021) (A) in the first sentence, by striking ‘‘low- is amended in the heading by striking ‘‘VOL- comprised of the Retired and Senior Volun- income persons serving as volunteers under teer Program, the Foster Grandparent Pro- UNTEER’’ and inserting ‘‘SERVICE’’. this part, such allowances, stipends, and (2) SECTION 224.—Section 224 (42 U.S.C. 5024) gram, and the Senior Companion Program, other support’’ and inserting ‘‘low-income and demonstration and other programs to is amended— persons and persons eligible under subsection (A) in the heading by striking ‘‘VOLUN- empower older individuals to contribute to (h) serving as volunteers under this part, their communities through service, enhance TEER’’ and inserting ‘‘SERVICE’’; and such stipends or allowances’’; and (B) by striking ‘‘Volunteer’’ and inserting the lives of those who serve and those whom (B) by striking the second sentence and all they serve, and provide communities with ‘‘Service’’. that follows and inserting the following: (b) CHANGE IN AGE ELIGIBILITY.—Section valuable services; ‘‘Any stipend or allowance provided under ‘‘(3) opportunities for people 55 years of age 223 (42 U.S.C. 5023) is amended by striking this part shall not exceed 75 percent of the ‘‘sixty years and older’’ and inserting ‘‘55 or older, through the Retired and Senior Vol- minimum wage under the Fair Labor Stand- unteer Program, to share their experiences, years and older’’. ards Act of 1938 (29 U.S.C. 201 et seq.), with SEC. 2207. PROGRAMS OF NATIONAL SIGNIFI- abilities, and skills for the betterment of the Federal share not to exceed $2.65 per their communities and themselves; CANCE. hour, except that the Director shall adjust Section 225(b) (42 U.S.C. 5025(b)) is amended ‘‘(4) opportunities for people 55 years of age the Federal share once prior to December 31, or older, through the Foster Grandparent by adding at the end the following: 2008, to account for inflation.’’; ‘‘(19) Programs that strengthen commu- Program, to have a positive impact on the (4) in subsection (e)(1), by striking ‘‘125’’ lives of children in need; nity efforts in support of homeland secu- and inserting ‘‘200’’; rity.’’. ‘‘(5) opportunities for people 55 years of age (5) by striking subsection (f) and inserting or older, through the Senior Companion Pro- SEC. 2208. ADDITIONAL PROVISIONS. the following: Part D of title II (42 U.S.C. 5021 et seq.) is gram, to provide critical support services ‘‘(f)(1) Subject to the restrictions in para- amended by adding at the end the following: and companionship to adults at risk of insti- graph (3), individuals who are not low-in- tutionalization and who are struggling to come persons may serve as volunteers under ‘‘SEC. 228. PARTICIPATION AND INCOME LEVEL. maintain a dignified independent life; and this part. The regulations issued by the Di- ‘‘(a) RESTRICTION ON PARTICIPATION.— ‘‘(6) for research, training, demonstration, rector to carry out this part (other than reg- ‘‘(1) IN GENERAL.—Except as provided in and other program activities to increase and ulations relating to stipends or allowances subsection (b), participation in programs and improve opportunities for seniors to meet to individuals authorized by subsections (d) activities under this title shall be open to a unmet needs, including those related to and (h)) shall apply to all volunteers under senior whose income level does not exceed emergency preparedness, public safety, pub- this part, without regard to whether such 200 percent of the poverty line for a single in- lic health, and disaster relief, in their com- volunteers are eligible to receive a stipend or dividual. munities.’’. allowance under subsection (d) or (h). ‘‘(2) DEDUCTION FOR MEDICAL EXPENSES.— SEC. 2203. GRANTS AND CONTRACTS FOR VOLUN- ‘‘(2) Except as provided under paragraph For purposes of determining the income TEER SERVICE PROJECTS. (1), each recipient of a grant or contract to level of a senior under paragraph (1), such in- Section 201 (42 U.S.C. 5001) is amended— carry out a project under this part shall give come level shall be reduced by an amount (1) in subsection (a)— equal treatment to all volunteers who par- that is equal to 50 percent of the amount of (A) in the matter preceding paragraph (1), ticipate in such project, without regard to such senior’s medical expenses during the by striking ‘‘avail themselves of opportuni- whether such volunteers are eligible to re- year preceding the year during which the eli- ties for volunteer service in their commu- ceive a stipend or allowance under sub- gibility determination is made. nity’’ and inserting ‘‘share their experiences, section (d) or (h). ‘‘(b) WAIVER.—The Corporation may waive abilities, and skills for the betterment of ‘‘(3) An individual who is not a low-income the requirement of subsection (a) with re- their communities and themselves’’; and person may not become a volunteer under spect to not to exceed 15 percent of the par- (B) in paragraph (2), by striking ‘‘, and in- this part if allowing that individual to be- ticipants in programs and activities under dividuals 60 years of age or older will be come a volunteer under this part would pre- this title for each fiscal year. given priority for enrollment,’’; vent a low-income person from becoming a ‘‘SEC. 229. CONTINUITY OF SERVICE. (2) by striking subsection (c); and volunteer under this part or would displace a ‘‘To ensure the continued service of indi- (3) by redesignating subsection (d) as sub- low-income person from being a volunteer viduals in communities served by the Re- section (c). under this part.’’; and tired and Senior Volunteer Program, Foster June 17, 2003 CONGRESSIONAL RECORD — SENATE S7997 Grandparent Program, and Senior Com- priated to carry out part A of title II ‘‘Subtitle C—National Service Trust panion Program prior to the date of enact- $58,884,000 for fiscal year 2004 and such sums Program ment of this section, in making grants under as may be necessary for each of fiscal years ‘‘PART I—INVESTMENT IN NATIONAL SERVICE this title the Corporation shall take actions 2005 through 2008. ‘‘Sec. 121. Authority to provide assistance ‘‘(b) FOSTER GRANDPARENT PROGRAM.— it considers necessary to maintain service and approved national service There are authorized to be appropriated to assignments for such seniors and to ensure positions. continuity of service for communities. carry out part B of title II $110,000,000 for fis- ‘‘Sec. 122. Types of national service pro- ‘‘SEC. 229A. TRAINING AND RESEARCH. cal year 2004 and such sums as may be nec- grams eligible for program as- ‘‘From funds appropriated each fiscal year essary for each of fiscal years 2005 through sistance. to carry out this title, the Corporation may 2008. ‘‘Sec. 123. Types of national service posi- ‘‘(c) SENIOR COMPANION PROGRAM.—There reserve not more than $15,000,000 to support tions eligible for approval for are authorized to be appropriated to carry research and training designed to improve national service educational out part C of title II $46,563,000 for fiscal year the effectiveness of programs supported awards. under this title.’’. 2004 and such sums as may be necessary for ‘‘Sec. 124. Types of program assistance. each of fiscal years 2005 through 2008. Subtitle C—Administration and Coordination ‘‘Sec. 125. Training and technical assistance. ‘‘(d) DEMONSTRATION PROGRAMS.—There are ‘‘Sec. 126. Other special assistance. SEC. 2301. NONDISPLACEMENT. authorized to be appropriated to carry out Section 404(a) is amended by striking ‘‘dis- part E of title II $400,000 for fiscal year 2004 ‘‘PART II—APPLICATION AND APPROVAL placement of employed workers’’ and insert- and such sums as may be necessary for each PROCESS ing ‘‘displacement of employed workers or of fiscal years 2005 through 2008.’’. ‘‘Sec. 129. Provision of assistance and ap- volunteers (other than participants under SEC. 2403. ADMINISTRATION AND COORDINA- proved national service posi- the national service laws)’’. TION. tions. SEC. 2302. DEFINITIONS. Section 504 (42 U.S.C. 5084) is amended to ‘‘Sec. 129A. Education awards program. Section 421 (42 U.S.C. 5061) is amended— read as follows: ‘‘Sec. 130. Application for assistance and ap- proved national service posi- (1) in paragraph (11), by striking ‘‘417’’ and ‘‘SEC. 504. ADMINISTRATION AND COORDINA- inserting ‘‘410’’; TION. tions. (2) in paragraph (13), by striking ‘‘National ‘‘There are authorized to be appropriated ‘‘Sec. 131. National service program assist- Senior Volunteer Corps’’ and inserting ‘‘Na- for the administration of this Act $33,568,000 ance requirements. tional Senior Service Corps’’; and for fiscal year 2004 and such sums as may be ‘‘Sec. 132. Ineligible service categories. (3) in paragraph (14)— necessary for each of fiscal years 2005 ‘‘Sec. 133. Consideration of applications. (A) by striking ‘‘National Senior Volunteer through 2008.’’. ‘‘PART III—NATIONAL SERVICE PARTICIPANTS Corps’’ and inserting ‘‘National Senior Serv- SEC. 2404. REDESIGNATIONS. ‘‘Sec. 137. Description of participants. ice Corps’’; and Title V (42 U.S.C. 5081 et seq.) is amended ‘‘Sec. 138. Selection of national service par- (B) by striking ‘‘parts A, B, C, and E of’’. by redesignating sections 504 and 505 as sec- ticipants. SEC. 2303. PROTECTION AGAINST IMPROPER USE. tions 503 and 504, respectively. ‘‘Sec. 139. Terms of service. ‘‘Sec. 140. Living allowances for national Section 425 (42 U.S.C. 5065) is amended by TITLE III—AMENDMENTS TO OTHER LAWS striking ‘‘National Senior Volunteer Corps’’ service participants. SEC. 3001. INSPECTOR GENERAL ACT OF 1978. and inserting ‘‘National Senior Service ‘‘Sec. 141. National service educational Section 8F(a)(1) of the Inspector General Corps’’. awards. Act of 1978 (5 U.S.C. App.) is amended by ‘‘Subtitle D—National Service Trust and SEC. 2304. INCOME VERIFICATION. striking ‘‘National and Community Service Provision of National Service Educational Title IV (42 U.S.C. 5043 et seq.) is amended Trust Act of 1993’’ and inserting ‘‘National Awards by adding at the end the following: and Community Service Act of 1990’’. ‘‘SEC. 426. INCOME VERIFICATION. ‘‘Sec. 145. Establishment of the National TITLE IV—TECHNICAL AMENDMENTS TO Service Trust. ‘‘Each organization that receives assist- TABLES OF CONTENTS ance under this Act may verify the income ‘‘Sec. 146. Individuals eligible to receive a eligibility of volunteers based on a confiden- SEC. 4001. TABLE OF CONTENTS FOR THE NA- national service educational TIONAL AND COMMUNITY SERVICE award from the Trust. tial declaration of income and with no re- ACT OF 1990. quirements for verification.’’. ‘‘Sec. 147. Determination of the amount of Section 1(b) of the National and Commu- the national service edu- SEC. 2305. SECTIONS REPEALED. nity Service Act of 1990 (42 U.S.C. 12501 note) cational award. Sections 412 and 416 (42 U.S.C. 5052 and is amended to read as follows: ‘‘Sec. 148. Disbursement of national service 5056) are repealed. ‘‘(b) TABLE OF CONTENTS.—The table of educational awards. SEC. 2306. REDESIGNATIONS. contents is as follows: ‘‘Sec. 149. Use by participants with disabil- Title IV (42 U.S.C. 5043 et seq.) is amended ‘‘Sec. 1. Short title and table of contents. ities. by redesignating sections 403, 404, 406, 408, ‘‘Sec. 2. Findings and purpose. ‘‘Sec. 149A. Service-based scholarships to 409, 410, 411, 414, 415, 417, 418, 419, 421, 422, 423, ‘‘TITLE I—NATIONAL AND COMMUNITY secondary school students. 424, 425, and 426 as sections 401, 402, 403, 404, SERVICE STATE GRANT PROGRAM ‘‘Subtitle E—National Civilian Community 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, ‘‘Subtitle A—General Provisions Corps 416, 417, and 418, respectively. ‘‘Sec. 101. Definitions. ‘‘Sec. 151. Purpose. Subtitle D—Authorization of Appropriations ‘‘Subtitle B—School-Based and Community- ‘‘Sec. 152. Establishment of National Civil- SEC. 2401. AUTHORIZATION OF APPROPRIATIONS Based Service-Learning Programs ian Community Corps program. FOR VISTA AND OTHER PURPOSES. ‘‘Sec. 153. National service program. ‘‘PART I—PROGRAMS FOR ELEMENTARY AND Section 501 (42 U.S.C. 5081) is amended— ‘‘Sec. 154. Summer national service pro- SECONDARY SCHOOL STUDENTS (1) in subsection (a)— gram. (A) in paragraph (1), by striking ‘‘, exclud- ‘‘SUBPART A—PROGRAMS FOR STUDENTS ‘‘Sec. 155. National Civilian Community ing section 109’’ and all that follows and in- ‘‘Sec. 111. Assistance to States and Indian Corps. serting ‘‘$90,000,000 for fiscal year 2004 and tribes. ‘‘Sec. 156. Training. such sums as may be necessary for each of ‘‘Sec. 112. Allotments. ‘‘Sec. 157. Service projects. fiscal years 2005 through 2008.’’; ‘‘Sec. 113. Applications. ‘‘Sec. 158. Authorized benefits for Corps (B) by striking paragraphs (2) and (4) and ‘‘Sec. 114. Consideration of applications. members. redesignating paragraphs (3) and (5) as para- ‘‘Sec. 115. Federal, State, and local contribu- ‘‘Sec. 159. Administrative provisions. graphs (2) and (3), respectively; and tions. ‘‘Sec. 160. Status of Corps members and (C) in paragraph (2) (as redesignated by ‘‘Sec. 116. Limitations on uses of funds. Corps personnel under Federal subparagraph (B) of this section), by striking ‘‘SUBPART B—COMMUNITY CORPS law. ‘‘, excluding section 125’’ and all that follows DEMONSTRATION PROGRAM ‘‘Sec. 161. Contract and grant authority. and inserting ‘‘$5,000,000 for fiscal year 2004 ‘‘Sec. 118. Demonstration program. ‘‘Sec. 162. Responsibilities of other depart- and such sums as may be necessary for each ‘‘PART II—HIGHER EDUCATION INNOVATIVE ments. of fiscal years 2005 through 2008.’’; and PROGRAMS FOR COMMUNITY SERVICE ‘‘Sec. 164. Annual evaluation. ‘‘Sec. 166. Definitions. (2) by striking subsection (e). ‘‘Sec. 119. Higher education innovative pro- SEC. 2402. AUTHORIZATION OF APPROPRIATIONS grams for community service. ‘‘Subtitle F—Administrative Provisions FOR NATIONAL SENIOR SERVICE ‘‘Sec. 171. Family and medical leave. CORPS. ‘‘PART III—COMMUNITY-BASED PROGRAMS, TRAINING, AND OTHER INITIATIVES ‘‘Sec. 172. Reports. Section 502 (42 U.S.C. 5082) is amended to ‘‘Sec. 173. Supplementation. ‘‘Sec. 120. Community-based programs, read as follows: ‘‘Sec. 174. Prohibition on use of funds. training, and other initiatives. ‘‘SEC. 502. NATIONAL SENIOR SERVICE CORPS. ‘‘Sec. 175. Nondiscrimination. ‘‘(a) RETIRED AND SENIOR VOLUNTEER PRO- ‘‘PART IV—CLEARINGHOUSE ‘‘Sec. 176. Notice, hearing, and grievance GRAM.—There are authorized to be appro- ‘‘Sec. 120A. Service-learning clearinghouse. procedures. S7998 CONGRESSIONAL RECORD — SENATE June 17, 2003

‘‘Sec. 177. Nonduplication and nondisplace- ‘‘Sec. 302. Purposes. ‘‘PART E—DEMONSTRATION PROGRAMS ment. ‘‘Sec. 303. Authority. ‘‘Sec. 231. Authority of Director. ‘‘Sec. 178. State Commissions on National ‘‘Sec. 304. Grants to the Foundation. ‘‘Sec. 232. Prohibition. and Community Service. ‘‘Sec. 305. Eligibility of the Foundation for ‘‘TITLE IV—ADMINISTRATION AND ‘‘Sec. 179. Evaluation. grants. COORDINATION ‘‘Sec. 180. Engagement of participants. ‘‘TITLE IV—PROJECTS HONORING ‘‘Sec. 401. Political activities. ‘‘Sec. 181. Contingent extension. VICTIMS OF TERRORIST ATTACKS ‘‘Sec. 182. Partnerships with schools. ‘‘Sec. 402. Special limitations. ‘‘Sec. 183. Rights of access, examination, ‘‘Sec. 401. Projects. ‘‘Sec. 403. Labor standards. and copying. ‘‘TITLE V—AUTHORIZATION OF ‘‘Sec. 404. Joint funding. ‘‘Sec. 184. Drug-free workplace require- APPROPRIATIONS ‘‘Sec. 405. Prohibition of Federal control. ‘‘Sec. 406. Coordination with other pro- ments. ‘‘Sec. 501. Authorization of appropriations. ‘‘Sec. 185. Consolidated application and re- grams. ‘‘TITLE VI—MISCELLANEOUS ‘‘Sec. 407. Prohibition. porting requirements. PROVISIONS ‘‘Sec. 408. Distribution of benefits between ‘‘Sec. 186. Accountability for results. rural and urban areas. ‘‘Sec. 187. Sustainability. ‘‘Sec. 601. Amtrak waste disposal. ‘‘Sec. 409. Application of Federal law. ‘‘Sec. 188. Capacity building. ‘‘Sec. 602. Exchange program with countries ‘‘Sec. 410. Nondiscrimination provisions. ‘‘Sec. 188A. Expenses of attending meetings. in transition from totali- ‘‘Sec. 411. Eligibility for other benefits. ‘‘Sec. 188B. Grant periods. tarianism to democracy.’’. ‘‘Sec. 412. Legal expenses. ‘‘Sec. 188C. Limitation on program grant SEC. 4002. TABLE OF CONTENTS FOR THE DOMES- TIC VOLUNTEER SERVICE ACT OF ‘‘Sec. 413. Definitions. costs. ‘‘Sec. 414. Audit. ‘‘Sec. 188D. Notice requirement. 1973. Section 1(b) of the Domestic Volunteer ‘‘Sec. 415. Reduction of paperwork. ‘‘Sec. 188E. Audits and reports. ‘‘Sec. 416. Review of project renewals. Service Act of 1973 (42 U.S.C. 4950 note) is ‘‘Subtitle G—Corporation for National and ‘‘Sec. 417. Protection against improper use. Community Service amended to read as follows: ‘‘Sec. 418. Income verification. ‘‘(b) TABLE OF CONTENTS.—The table of ‘‘Sec. 191. Corporation for National and contents is as follows: ‘‘TITLE V—AUTHORIZATION OF Community Service. APPROPRIATIONS ‘‘Sec. 192. Board of Directors. ‘‘Sec. 1. Short title; table of contents. ‘‘Sec. 2. Volunteerism policy. ‘‘Sec. 501. National volunteer antipoverty ‘‘Sec. 192A. Authorities and duties of the programs. Board of Directors. ‘‘TITLE I—NATIONAL VOLUNTEER ‘‘Sec. 502. National Senior Service Corps. ‘‘Sec. 193. Chief Executive Officer. ANTIPOVERTY PROGRAM ‘‘Sec. 503. Administration and coordination. ‘‘Sec. 193A. Authorities and duties of the ‘‘PART A—VOLUNTEERS IN SERVICE TO ‘‘Sec. 504. Availability of appropriations. Chief Executive Officer. AMERICA ‘‘TITLE VI—AMENDMENTS TO OTHER ‘‘Sec. 194. Officers. ‘‘Sec. 101. Statement of purpose. LAWS AND REPEALERS ‘‘Sec. 195. Employees, consultants, and other ‘‘Sec. 102. Authority to operate VISTA pro- personnel. ‘‘Sec. 601. Supersedence of Reorganization gram. ‘‘Sec. 196. Administration. Plan Number 1 of July 1, 1971. ‘‘Sec. 103. Selection and assignment of vol- ‘‘Sec. 196A. Corporation State offices. ‘‘Sec. 602. Creditable service for civil service unteers. retirement. ‘‘Subtitle H—Investment for Quality and ‘‘Sec. 104. Terms and periods of service. ‘‘Sec. 603. Repeal of title VIII of the Eco- Innovation ‘‘Sec. 105. Support service. nomic Opportunity Act. ‘‘Sec. 198. Additional Corporation activities ‘‘Sec. 106. Participation of beneficiaries. ‘‘Sec. 604. Repeal of title VI of the Older to support national service. ‘‘Sec. 107. Participation of younger and Americans Act.’’. ‘‘Sec. 198A. Clearinghouses. older persons. TITLE V—EFFECTIVE DATE AND SENSE OF ‘‘Sec. 198B. Presidential awards for service. ‘‘Sec. 108. Limitation. CONGRESS ‘‘Sec. 198C. Military installation conversion ‘‘Sec. 109. Applications for assistance. SEC. 5001. EFFECTIVE DATE. demonstration programs. ‘‘PART B—UNIVERSITY YEAR FOR VISTA Unless specifically provided otherwise, the ‘‘Subtitle I—American Conservation and ‘‘Sec. 111. Statement of purpose. Youth Service Corps amendments made by this Act shall take ef- ‘‘Sec. 112. Authority to operate University fect on the date of enactment of this Act. ‘‘Sec. 199. Short title. Year for VISTA program. ‘‘Sec. 199A. General authority. SEC. 5002. SERVICE ASSIGNMENTS AND AGREE- ‘‘Sec. 113. Special conditions. MENTS. ‘‘Sec. 199B. Limitation on purchase of cap- ‘‘PART C—SPECIAL VOLUNTEER PROGRAMS (a) SERVICE ASSIGNMENTS.—Changes pursu- ital equipment. ant to this Act in the terms and conditions ‘‘Sec. 199C. State application. ‘‘Sec. 121. Statement of purpose. ‘‘Sec. 199D. Focus of programs. ‘‘Sec. 122. Authority to establish and oper- of terms of service and other service assign- ‘‘Sec. 199E. Related programs. ate special volunteer and dem- ments under the national service laws (in- ‘‘Sec. 199F. Public lands or Indian lands. onstration programs. cluding the amount of the education award) ‘‘Sec. 199G. Training and education services. ‘‘Sec. 123. Technical and financial assist- shall apply only to individuals who enroll or ‘‘Sec. 199H. Preference for certain projects. ance. otherwise begin service assignments not ear- ‘‘Sec. 199I. Age and citizenship criteria for ‘‘TITLE II—NATIONAL SENIOR SERVICE lier than the date that is 90 days after the enrollment. CORPS date of enactment of this Act, except when ‘‘Sec. 199J. Use of volunteers. ‘‘Sec. 200. Statement of purposes. agreed upon by all interested parties. ‘‘Sec. 199K. Living allowance. (b) AGREEMENTS.—Changes pursuant to ‘‘Sec. 199L. Joint programs. ‘‘PART A—RETIRED AND SENIOR VOLUNTEER this Act in the terms and conditions of ‘‘Sec. 199M. Federal and State employee sta- PROGRAM grants, contracts, or other agreements under tus. ‘‘Sec. 201. Grants and contracts for volunteer the national service laws shall apply only to ‘‘Subtitle J—America’s Promise: The service projects. such agreements entered into not earlier Alliance for Youth ‘‘PART B—FOSTER GRANDPARENT PROGRAM than the date that is 90 days after the date ‘‘Sec. 199N. Authority to provide assistance. ‘‘Sec. 211. Grants and contracts for volun- of enactment of this Act, except when agreed upon by all the parties to such agreements. ‘‘TITLE II—MODIFICATIONS OF EXISTING teer service projects. SEC. 5003. SENSE OF CONGRESS. PROGRAMS ‘‘PART C—SENIOR COMPANION PROGRAM It is the sense of Congress that the Cor- ‘‘Subtitle A—Publication ‘‘Sec. 213. Grants and contracts for volunteer poration should, in all of its communica- ‘‘Sec. 201. Information for students. service projects. tions, distinguish individuals receiving sti- ‘‘Sec. 202. Exit counseling for borrowers. ‘‘PART D—GENERAL PROVISIONS pends or allowances from volunteers by— ‘‘Sec. 203. Department information on ‘‘Sec. 221. Promotion of National Senior (1) referring to participants in AmeriCorps deferments and cancellations. Service Corps. under the National and Community Service ‘‘Sec. 204. Data on deferments and cancella- ‘‘Sec. 222. Payments. Act of 1990 (42 U.S.C. 12501 et seq.) as ‘‘mem- tions. ‘‘Sec. 223. Minority group participation. bers’’; ‘‘Subtitle B—Youthbuild Projects ‘‘Sec. 224. Use of locally generated contribu- (2) referring to participants in the Foster ‘‘Sec. 211. Youthbuild projects. tions in National Senior Serv- Grandparent Program as ‘‘Foster Grand- ‘‘Subtitle C—Amendments to Student ice Corps. parents’’; and Literacy Corps ‘‘Sec. 225. Programs of national significance. (3) referring to participants in the Senior ‘‘Sec. 226. Adjustments to Federal financial Companion Program as ‘‘Companions’’. ‘‘Sec. 221. Amendments to Student Literacy assistance. Corps. SEC. 5004. RECRUITMENT AND APPLICATION MA- ‘‘Sec. 227. Multiyear grants or contracts. TERIALS IN LANGUAGES OTHER ‘‘TITLE III—POINTS OF LIGHT ‘‘Sec. 228. Participation and income level. THAN ENGLISH. FOUNDATION ‘‘Sec. 229. Continuity of service. It is the sense of Congress that the pro- ‘‘Sec. 301. Short title. ‘‘Sec. 229A. Training and research. grams established or authorized by this Act, June 17, 2003 CONGRESSIONAL RECORD — SENATE S7999 and those which receive funding under the munities are growing up in need of reached out to their friends, neighbors National and Community Service Act of 1990 mentors. Millions of elderly Americans and those in their communities. Many (42 U.S.C. 12501 et seq.) or the Domestic and desperately want to stay in their examples of serving causes greater Volunteer Service Act of 1973 (42 U.S.C. 4950 homes and out of nursing facilities, but than their self interest abound. This et seq.) are encouraged to provide recruit- ment and application materials in languages cannot do so without help with the dedication to volunteer service is still other than English, if applicable, in order to small tasks of daily life. More and alive today. We cannot continue to serve communities of limited English pro- more of our communities are being wait to provide expanded opportunities ficiency, and that such programs may use devastated by natural disasters. Many for national service. Congress should such funding to provide and distribute such of the AmeriCorps volunteers work for no longer delay in taking action on leg- materials. chronically understaffed organizations islation to provide opportunities for Mr. MCCAIN. Mr. President, I am such as Boys and Girls Clubs, Habitat Americans to serve. grateful to join my colleagues, Sen- for Humanity and the Red Cross. I have Mr. BAYH. Mr. President, I am privi- ators EVAN BAYH, TED KENNEDY, and to ask why would anyone think we leged to reintroduce the ‘‘Call to Serv- BARBARA MIKULSKI in reintroducing should do anything except increase ice Act’’ with my colleagues, Senator the Call to Service Act of 2003. This im- AmeriCorps to provide opportunities JOHN MCCAIN, Senator TED KENNEDY portant legislation significantly ex- for as many people as possible to serve? and Senator BARBARA MIKULSKI—all pands opportunities for citizens to Not only does the community as a great leaders on national service. I am serve their country as community vol- whole suffer when AmeriCorps is cut, proud to join with them today to offer unteers and in homeland security func- but those who are eager to serve are af- this significant expansion of national tions. fected as well. Currently, over 490 indi- service opportunities for all Ameri- This legislation expands legislation viduals serve in Arizona. Many of cans—young and old, affluent, people of that I introduced with senator BAYH in Arizona’s AmeriCorps volunteers take more modest means, all united in their 2001. A key component of the original advantage of the educational opportu- devotion to serving America. McCain/Bayh proposal became law last nities that go along with their service. In November 2001, Senator MCCAIN year. To meet the changing personnel To date, over 2,100 Arizona residents and I introduced the ‘‘Call to Service needs of today’s military, the Defense have taken advantage of the $4,725 to Act’’ in an attempt to harness the spir- Department will now have a new, help pay for college or pay back stu- it and overwhelming patriotism of our shorter-term enlistment option. Indi- dent loans. The fewer the number of citizens after September 11. We wanted viduals who volunteer to serve under slots available for AmeriCorps volun- to give concrete opportunities to the this new program serve on active duty teers, the fewer the number of men and countless Americans who were asking for 15 months after their initial mili- women who will be able to take advan- what they could do to give back to tary training and can complete the re- tage of this important opportunity. their country. mainder of their obligation by choosing I am grateful Senators BOND and MI- Weeks after we introduced our bill, service on active duty, in the Selected KULSKI are working to ensure that the we were encouraged when the Presi- Reserve or in the Individual Ready Re- OMB ruling on the use of the education dent made his own more modest service serve, which can be fulfilled by in a ci- trust fund is used. This will ensure that proposals a rhetorical centerpiece of vilian national service program such as the cut in the number of volunteers is his 2002 State of the Union address. In the Peace Corps or AmeriCorps). In re- less than originally feared. However that speech, President Bush promised a turn for service, the legislation pro- make no mistake, there will be far significant expansion of the vides loan up to $18,000, an educational fewer volunteers in 2003. AmeriCorps program. He said, ‘‘We allowance under the Montgomery GI Our legislation seeks to increase the want to be a nation that serves goals Bill. I am encouraged by the excite- opportunity to serve in AmeriCorps. larger than self. We’ve been offered a ment expressed by the Pentagon in The Call to Service Act increases the unique opportunity, and we must not meetings about the implementation of number of people who volunteer for let this moment pass.’’ the program. AmeriCorps by 25,000 per year until Unfortunately, the President is in Two months after our legislation was 175,000 people are serving in danger of letting the moment pass. And introduced, President Bush made serv- AmeriCorps each year for a five year now, almost a year and a half later, the ice programs a centerpiece of his 2002 period. This is a 125,000 increase in vol- promises of that speech sound hollow. State of the Union address. Unfortu- unteers over the current 50,000 volun- The administration’s efforts to expand nately, since the speech, there has not teers. Many of these new positions will service have been disappointingly lack- been much followthrough on the part be dedicated to homeland security. luster. National Service expansion was of this Administration. This legislation links AmeriCorps to held hostage in the last Congress by From the time President Bush was Homeland Defense by directing the members of the President’s own party the Governor of Texas, through his ex- Corporation for National Service to on the far right, while he stood idly by. perience as President, he has proudly work with the Department of Home- In fact, Americans now have fewer pointed out the successes of this pro- land Security to determine ways of opportunities to serve than before. In gram. Yet the Fiscal Year 2003 Omni- promoting national security through my State of Indiana, we are facing a 92 bus Appropriations bill he sent to the service programs. percent cut in AmeriCorps positions. Congress forced cuts in the program. This legislation also expands eligi- Last year, there were nearly 400 full- Combined with a 50,000 cap placed on bility for willing and able seniors to time equivalent positions available to the number of AmeriCorps volunteers, volunteer in a variety of capacities serve in Indiana. This year, there will AmeriCorps now faces a crisis. through Senior Corps, including senior only be fewer than 40 positions. This My office has been inundated by companion programs, tutoring, pro- will have a dramatic impact on the phone calls from nervous AmeriCorps viding long-term care, and serving as AmeriCorps programs throughout Indi- volunteers in recent days. They are all foster grandparents. ana and on Hoosiers throughout the expressing the same fear that they will During my failed Presidential cam- State. It is a very real possibility that not have the opportunity to continue paign in 2000, I had the opportunity to Indiana will only have one AmeriCorps their service to our communities. meet with students all across the coun- program this year. Children are not Idealistic young men and women in try. I was deeply moved by the strong going to be tutored and mentored, this country got excited when they desire these young men and women ex- homes are not going to be built, neigh- heard the President promise increased pressed to serve their country. While I borhoods are not going to be cleaned opportunities to serve. It is now time encourage military service to those I up, and communities are going to be for the Congress and the President to meet, I recognize this type of service is left behind. Indiana is not unique, expand opportunities to serve. not for all. Our legislation increases States across the country are facing There is no shortage of causes that the opportunities for these citizens. similar reductions in programs and volunteers are eager to fix. We have The response to the terrorist attacks services. failing schools, desperate for good of 9/11 brought out the best in the citi- I am grateful to Senators MIKULSKI teachers. Children in our poorest com- zens of the United States. Americans and BOND for their efforts to ensure S8000 CONGRESSIONAL RECORD — SENATE June 17, 2003 that the OMB method of accounting is I reserve my right to support or op- Treasury, shall promptly determine in writ- used to determine the number of pose this bill, as well as to make any ing whether an act of international ter- AmeriCorps positions available this suggested amendments to it, when the rorism as defined in section 103(a) of this Act has taken place. Any such determination year. With this change, there will still matter is considered by the Committee shall be published in the Federal Register. be large reductions in AmeriCorps, but on Foreign Relations. (2) The Secretary of State’s determination the damage will not be quite as severe. I ask unanimous consent that the bill under this section shall be final and conclu- As AmeriCorps faces its greatest be printed in the RECORD together with sive, and it shall not be subject to review in challenge since it was created, it is im- a letter addressed to me from the As- any judicial, administrative or other pro- portant to restate our commitment to sistant Secretary of State for Legisla- ceedings. this program. Our legislation will ex- tive Affairs. (b) ADJUDICATION AND PAYMENT.—When a threshold determination set forth in sub- pand AmeriCorps by 25,000 additional There being no objection, the mate- section (a) is made, the Department shall members each year for a total of 175,000 rial was ordered to be printed in the have jurisdiction to receive, examine, adju- members in five years. It will continue RECORD, as follows: dicate, and render final decisions, and pay to utilize volunteers to support home- S. 1275 awards with respect to claims filed under land security functions to help meet Be it enacted by the Senate and House of Rep- section 105 in accordance with the provisions our Nation’s new security challenges in resentatives of the United States of America in of this Act. a smart, cost-efficient manner. Our Congress assembled, SEC. 105. FILING OF CLAIMS. (a) IN GENERAL.—Claims for benefits under legislation includes strong account- SEC. 101. SHORT TITLE. This Act may be cited as the ‘‘Benefits for the Program shall be filed with the Depart- ability measures to ensure that the ment on the form developed under subsection funds and the volunteers will be devot- Victims of International Terrorism Act of 2003’’. (b). ing themselves to activities and pro- (b) CLAIM FORM.— grams that really make a difference, SEC. 102. ESTABLISHMENT OF PROGRAM. (1) The Department shall develop a form There is established the Benefits for Vic- really work. It expands opportunities that claimants shall use when submitting tims of International Terrorism Program claims under subsection (a). for our seniors to serve, so that as the (‘‘Program’’) under which monetary awards (2) The claim form at a minimum shall re- baby boom generation retires they can shall be made in accordance with this Act to quest— give back to their country. eligible individuals who are physically in- (A) in the case of a claim filed for a death We stand here today to offer this con- jured, killed, or held hostage as a result of benefit with respect to a decedent, informa- sensus approach because we know we an act of international terrorism. tion demonstrating the decedent’s death as a have arrived at a critical juncture in SEC. 103. DEFINITIONS. direct result of the act of international ter- the cause of expanding national serv- In this Act, the following definitions apply: rorism and information demonstrating that ice. We are at risk of missing the mo- (a) ACT OF INTERNATIONAL TERRORISM.— the claimant is eligible to recover under the The term ‘‘act of international terrorism’’ Act; ment if we don’t act. means an activity that constitutes terrorism (B) in the case of a claim not involving a Frankly, what is called for here is within the definition provided in Section death, information demonstrating the phys- leadership. We are attempting to pro- 2(15) of the Homeland Security Act of 2002 ical harm that the claimant suffered as a di- vide that today by offering this con- and that was committed by foreign nationals rect result of the act of international ter- sensus approach, Republicans and for foreign governments (or the agents there- rorism or information demonstrating the pe- Democrats, leader of the committee, of) and directed, in whole or in part, at the riod the claimant was held hostage as a di- those of us who are not on the com- United States or at an individual because of rect result of the act of international ter- the individual’s status as a national of the rorism; and mittee. (C) in the case of a claim filed by a parent But the President must get engaged. United States. (b) CLAIMANT.—The term ‘‘claimant’’ or legal guardian, information dem- He’s said all the right things, now it is means an individual filing a claim for bene- onstrating the claimant’s status a parent or important that he do the right thing. If fits under this Act. In the case of an indi- legal guardian. we’re going to get a significant com- vidual who died as the direct result of the (3) The claim form shall state clearly and mitment to national service it is going act of international terrorism, any indi- conspicuously the information contained in to take more than lip service, and I vidual who is eligible to recover under sec- section 112(c) of this Act. hope that he will step forward and pro- tion 107(a) may be a claimant. In the case of SEC. 106. ELIGIBILITY. (a) IN GENERAL.—The Department shall re- vide the kind of leadership that is nec- an individual who suffered physical injury or was held hostage as the direct result of an view each claim filed under this Program essary before this opportunity slips act of international terrorism, the claimant and determine whether the claimant is an el- away from us. shall be the individual who suffered the igible individual under subsection (b) of this The moment has not yet passed us. physical injury or was held hostage, except section or has filed a claim on account of the Americans are eager to serve. We are that a parent or legal guardian may file a death of an eligible individual under sub- eager to enact this legislation, put an claim on behalf of an individual who is less section (b). end to this sad chapter for national than 18 years of age, incompetent or inca- (b) ELIGIBLE INDIVIDUALS.—An eligible indi- pacitated. vidual is a victim who, as of the date on service, and build toward a Nation which the act of international terrorism oc- where the great energies and good in- (c) CHILD.—The term ‘‘child’’ shall have the meaning given to it by 42 U.S.C. 3796b(2). curred, tentions of our citizens are put to pro- (1) was a national of the United States; and (d) DEPARTMENT.—The term ‘‘Department’’ (2)(A) died as the direct result of the act of ductive use. means the Department of State. international terrorism, (e) NATIONAL OF THE UNITED STATES.—The (B) suffered physical injury as the direct By Mr. LUGAR (by request): term ‘‘national of the United States’’ has the result of the act of international terrorism, S. 1275. A bill to establish a com- meaning given in section 101(a) of the Immi- or prehensive federal program to provide gration and Nationality Act (8 U.S.C. (C) was held hostage as a direct result of benefits to U.S. victims of inter- 1101(a)). an act of international terrorism and not national terrorism, and for other pur- (f) PHYSICAL INJURY.—The term ‘‘physical solely for ransom. poses; to the Committee on Foreign injury’’ means an injury to the body, from a (c) EXCLUSION FOR PARTICIPANTS OR CON- Relations. source external to the body, that directly re- SPIRATORS IN ACTS OF TERRORISM.—A partici- sults in partial or total physical disability, pant or conspirator in any act of inter- Mr. LUGAR. Mr. President, by re- incapacity, or disfigurement. quest, I introduce for appropriate ref- national terrorism, or a representative of (g) UNITED STATES.—The term ‘‘United such individual, shall not be an eligible indi- erence a bill to establish a comprehen- States’’ means the States, the District of Co- vidual. sive Federal program to provide bene- lumbia, the Commonwealth of Puerto Rico, (d) EXCLUSION FOR MILITARY PERSONNEL.— fits to U.S. victims of international the Commonwealth of the Mariana Islands, This Program does not apply to any claim terrorism. the territories and possession of the United arising out of injury, death, or period as a This proposed legislation has been re- States, the territorial sea of the United hostage sustained by a member of the U.S. quested by the Department of State, States, and the airspace above them. Armed Forces while serving on active duty. and I am introducing it in order that SEC. 104. ADMINISTRATION. (e) SEPTEMBER 11TH VICTIM COMPENSATION (a) THRESHOLD DETERMINATION.— FUND.—Notwithstanding any other provision there may be a specific bill to which (1) Upon the occurrence of a terrorist inci- in this Act, no individual who is or was eligi- members of the Senate and the public dent, the Secretary of State, in consultation ble to recover under the September 11th Vic- may direct their attention and com- with the Attorney General and the Secre- tim Compensation Fund of 2001 shall be eligi- ments. taries of Defense, Homeland Security and the ble to recover under this Act. June 17, 2003 CONGRESSIONAL RECORD — SENATE S8001

SEC. 107. NATURE OF AWARDS. awards under this Act and to administer this U.S. DEPARTMENT OF STATE, (a) DEATH BENEFITS.—In any case in which Program. Washington, DC, June 5, 2003. the Department determines, under regula- (1) Amounts in the Fund shall be available Hon. RICHARD G. LUGAR, tions issued pursuant to this Act, that an eli- until expended. Chairman, Committee on Foreign Relations, gible individual has died as the direct and (2) CONTRIBUTIONS.—The Secretary of State U.S. Senate. proximate result of an act of international is authorized to accept such amounts as may DEAR MR. CHAIRMAN: We are transmitting terrorism, the Department shall award a be contributed by individuals, business con- for your consideration a draft bill to estab- benefit to the survivor or survivors in the cerns, foreign governments, or other entities lish a program to provide benefits for United same manner and the same amount as death for the payment of awards certified under States victims of international terrorism. benefits are paid pursuant to the Public this Act and such amounts may be deposited The proposed legislation is based on the Safety Officers’ Benefits Program under sub- directly into the Fund. following three principles: part 1 of part L of title I of the Omnibus (3) Unexpended balances of expired appro- The program should provide the same ben- Crime Control and Safe Streets Act of 1968 priations available to the Department of efits to those with low incomes as those with (42 U.S.C. 3796 et seq.). State may be transferred directly into the greater means; (b) INJURY OR HOSTAGE BENEFIT.—In the Fund for the payment of awards under this Victims should receive compensation as event the claimant was physically injured or Act and, to the extent and in such amounts quickly as possible; and held hostage as a direct result of an act of as provided in appropriations acts, for the The amount of compensation should be on international terrorism, the Department costs to administer this Program. par with that provided to families of public shall award a benefit to the claimant in an SEC. 111. SUBROGATION. safety officers killed in the line of duty (cur- amount determined by the Department up The United States shall be subrogated, to rently $262,000). to, but not to exceed, the amount provided the extent of the payments, to any recovery Thus, the government program should not for under the preceding subsection. The Sec- in litigation or settlement of litigation re- be designed as the primary means of compen- retary of State may issue regulations regard- lated to an injury, death, or period of a hos- sating victims and victims’ families for their ing the amount of benefits to be provided tage for which payment was made under the losses, but rather should complement life in- under this subsection for categories of inju- Program. Any amounts recovered under this surance, savings, and other private financial ries or for durations of time as a hostage. subsection shall be deposited into the Fund measures. (c) NO FAULT PROGRAM.—Awards shall be established by section 110(a). In contrast to a mechanism that uses made without regard to the negligence or SEC. 112. ADMINISTRATIVE PROVISIONS. blocked assets and rewards those that can any other theory of liability of the claimant (a) RULE AND PROCEDURES.—The Secretary secure judgements before such assets are ex- or of the individual on whose behalf the of State may issue such rules and procedures hausted, a fund based on the above principles claimant is filing a claim. as may be necessary to carry out this Act, would provide compensation for all victims (d) REVERSION OF AMOUNTS TO THE FUNDS.— including rules with respect to choice of law fairly and equitably. It also preserves the If no person is entitled to receive the amount principles, admitting agents or other persons President’s prerogatives in the area of for- awarded under the above subsections, the to representation before the Department of eign affairs. amount shall revert to the Fund. claimants under this Act, and the nature and The proposed fund would be administered SEC. 108. LIMITATIONS ON CLAIMS. maximum amount of fees that such agent or within the Department of State. The legisla- (a) PROHIBITION ON DOUBLE RECOVERY.—No other person may charge for such representa- tion includes authorization for appropria- benefit is payable under this Act with re- tion. tions necessary to compensate victims. In spect to a victim having been injured or held (b) ACTS COMMITTED TO OFFICER’S DISCRE- addition to these costs, a benefits adjudica- hostage if a benefit is payable under this Act TION.—Any action taken or omitted by an of- tion unit will be established within the De- with respect to the death of such victim. In ficer of the United States under this Act is partment soon after enactment. the event that a payment is made under this committed to the discretion of such officer. The Office of Management and Budget ad- Act on account of death or period as a hos- (c) CIVIL ACTIONS AGAINST FOREIGN vises that there is no objection from the tage and a death benefit subsequently be- STATES.— standpoint of the Administration’s program comes payable for the death of the same vic- (1) A person who by a civil action has ob- to the submission of this proposal to Con- tim, such death benefit shall be reduced by tained and received full satisfaction of a gress. amounts previously awarded. judgment against a foreign state or govern- We urge your support for passage of this (b) TIME LIMITATION FOR FILING.—No claim ment or its agencies or instrumentalities, or legislation, which provides compensation for may be filed on the basis of an act of inter- against the United States or its agencies or U.S. victims of international terrorism in a national terrorism after the date that is 2 instrumentalities, for death, injury, or pe- fair and rational way. years after the date of publication in the riod as a hostage due to an act of inter- Sincerely, Federal Register of the relevant determina- national terrorism shall not receive an PAUL V. KELLY, tion under section 104(a) of this Act. award under this Act based on the same act Assistant Secretary, SEC. 109. INTERNATIONAL TERRORISM BEFORE of international terrorism. Legislative Affairs. EFFECTIVE DATE. (2) A person who has accepted benefits pur- f (a) INTERNATIONAL TERRORISM BEFORE EF- suant to an award under this Act relating to FECTIVE DATE.—Benefits may be awarded an act of international terrorism shall not SUBMITTED RESOLUTIONS under this Act, subject to the provisions of thereafter commence or maintain in a court subsection (b) of this section, to eligible in- of the United States a civil action based on dividuals for acts of international terrorism the same act of international terrorism SENATE RESOLUTION 172—HON- that took place before the effective date of against a foreign state or government or its ORING THE LIFE OF MEDIA RE- this Act and which occurred on or after No- agencies or instrumentalities or against the PORTING GIANT DAVID vember 1, 1979. United States or its agencies or instrumen- BRINKLEY, AND EXPRESSING (b) DETERMINATION.—The Secretary of talities. THE DEEPEST CONDOLENCES OF State, in consultation with the Attorney SEC. 113. NO JUDICIAL REVIEW. General and the Secretaries of Defense, Decisions made under this Act shall not be THE SENATE TO HIS FAMILY ON Homeland Security and the Treasury, shall subject to review in any judicial, administra- HIS DEATH issue, promptly upon the request of a claim- tive or other proceeding. Mr. MCCONNELL (for himself and ant potentially covered under subsection (a), SEC. 114. CONFORMING AMENDMENTS. Mrs. DOLE) submitted the following a determination whether an incident that oc- (a) Section 201 of the Terrorism Risk Insur- curred on or after November 1, 1979, and be- resolution; which was considered and ance Act of 2002 (Public Law 107–297) is agreed to: fore the date of enactment of this Act was an amended by adding the following as new sub- act of international terrorism. Such requests section (e): S. RES. 172 will be considered only if made within one ‘‘(e) Subsection (a) shall not apply to any Whereas the Senate has learned with sad- year after the date of enactment of this Act. judgment obtained pursuant to a complaint ness of the death of David Brinkley; Any such determination shall be published in filed after [the date of submission of the Ben- Whereas David Brinkley, born in Wil- the Federal Register. efits for Victims of International Terrorism mington, NC, greatly distinguished himself SEC. 110. AUTHORIZATION. Act of 2003].’’ as a newspaper reporter, radio cor- (a) AUTHORIZATION.—There is established (b) Section 1610(f) of Title 28, United States respondent, and television correspondent; for the purpose of providing benefits under Code (28 U.S.C. 1610(f)), is amended by adding Whereas David Brinkley attended the Uni- this Act a Victims of International Ter- the following at the end as new subparagraph versity of North Carolina and served in the rorism Benefits Fund (‘‘Fund’’). In addition (4): North Carolina National Guard; to amounts otherwise authorized to be ap- ‘‘(4) Subsection (f) shall not apply to any Whereas David Brinkley’s first job in propriated for the Department of State, judgment obtained pursuant to a complaint Washington was covering the White House in there are authorized to be appropriated to filed after [the date of submission of the Ben- 1943 for NBC as a radio reporter; the Department of State for deposit into the efits for Victims of International Terrorism Whereas David Brinkley co-anchored ‘‘The Fund such sums as may be necessary to pay Act of 2003].’’ Huntley-Brinkley Report,’’ along with Chet S8002 CONGRESSIONAL RECORD — SENATE June 17, 2003 Huntley, which was widely popular during ‘‘(A) the new or general legislation or un- ‘‘(2) If a point of order under subparagraph the 1960’s; authorized appropriation shall be struck (a)(4) against a House amendment is sus- Whereas David Brinkley hosted ‘‘This from the bill; and tained, then— Week with David Brinkley’’ for fifteen years ‘‘(B) any modification of total amounts ap- ‘‘(A) an amendment to the House amend- and it was the number one Sunday program propriated necessary to reflect the deletion ment is deemed to have been adopted that— when he retired in 1996; of the matter struck from the bill shall be ‘‘(i) strikes the new or general legislation Whereas David Brinkley covered eleven made and the allocation of discretionary or unauthorized appropriation from the presidents, four wars, 22 political conven- budgetary resources allocated under section House amendment; and tions, a moon landing and three assassina- 302(a)(2) of the Congressional Budget Act of ‘‘(ii) modifies, if necessary, the total tions; 1974 (2 U.S.C. 633(a)(2)) shall be reduced ac- amounts appropriated by the bill to reflect Whereas David Brinkley wrote three cordingly. the deletion of the matter struck from the books, won ten Emmy awards, six Peabody ‘‘(2) If a point of order under subparagraph House amendment and reduces the allocation Awards, and in 1992, the Presidential Medal (a)(1) against an Act of the House of Rep- of discretionary budgetary resources allo- of Freedom, the nation’s highest civilian resentatives is sustained, then an amend- cated under section 302(a)(2) of the Congres- honor; sional Budget Act of 1974 (2 U.S.C. 633(a)(2)) Whereas David Brinkley is considered by ment to the House bill is deemed to have been adopted that— accordingly; and many to be the premier broadcast journalist ‘‘(B) after all other points of order under of his time; ‘‘(A) strikes the new or general legislation or unauthorized appropriation from the bill; this paragraph have been disposed of, the Whereas David Brinkley was well known Senate shall proceed to consider the question for his wry sense of humor, fundamental de- and ‘‘(B) modifies, if necessary, the total of whether to concur with further amend- cency, gentlemanly charm, and his one-of-a- ment. kind writing style will forever be remem- amounts appropriated by the bill to reflect the deletion of the matter struck from the ‘‘(f) The disposition of a point of order bered by his friends, colleagues, and the made under any other paragraph of this bill and reduces the allocation of discre- countless members of the television audience Rule, or under any other Standing Rule of tionary budgetary resources allocated under he touched week to week over his more than the Senate, that is not sustained, or is section 302(a)(2) of the Congressional Budget fifty year career: Now, therefore, be it waived, does not preclude, or affect, a point Act of 1974 (2 U.S.C. 633(a)(2)) accordingly. Resolved, That the Senate— of order made under subparagraph (a) with (1) pay tribute to the outstanding career of ‘‘(c) If the point of order against an amend- respect to the same matter. David Brinkley ment under subparagraph (a)(2) is sustained, ‘‘(g) A point of order under subparagraph (2) expresses its deepest condolences to his then the amendment shall be out of order (a) may be waived only by a motion agreed family; and and may not be considered. to by the affirmative vote of three-fifths of (3) directs the Secretary of the Senate to ‘‘(d) If the point of order against a con- the Senators duly chosen and sworn. If an direct an enrolled copy of this resolution to ference report under subparagraph (a)(3) is appeal is taken from the ruling of the Pre- the family of David Brinkley. sustained, then— siding Officer with respect to such a point of ‘‘(1) the new or general legislation, unau- order, the ruling of the Presiding Officer SENATE RESOLUTION 173—TO thorized appropriation, new matter, or non- shall be sustained absent an affirmative vote AMEND RULE XVI OF THE germane matter in such conference report of three-fifths of the Senators duly chosen STANDING RULES OF THE SEN- shall be deemed to have been struck; and sworn. ‘‘(h) Notwithstanding any other rule of the ‘‘(2) any modification of total amounts ap- ATE WITH RESPECT TO NEW OR Senate, it shall be in order for a Senator to propriated necessary to reflect the deletion GENERAL LEGISLATION AND UN- raise a single point of order that several pro- of the matter struck shall be deemed to have AUTHORIZED APPROPRIATIONS visions of a general appropriation bill, a con- been made and the allocation of discre- ference report on a general appropriation IN GENERAL APPROPRIATIONS tionary budgetary resources allocated under bill, or an amendment between the Houses BILLS AND AMENDMENTS section 302(a)(2) of the Congressional Budget on a general appropriation bill violate sub- THERETO, AND NEW OR GEN- Act of 1974 (2 U.S.C. 633(a)(2)) shall be deemed paragraph (a). The Presiding Officer may ERAL LEGISLATION, UNAUTHOR- to be reduced accordingly; sustain the point of order as to some or all ‘‘(3) when all other points of order under IZED APPROPRIATIONS, NEW of the provisions against which the Senator this paragraph have been disposed of— MATTER, OR NONGERMANE MAT- raised the point of order. If the Presiding Of- ‘‘(A) the Senate shall proceed to consider TER IN CONFERENCE REPORTS ficer so sustains the point of order as to the question of whether the Senate should ON APPROPRIATIONS ACTS, AND some or all of the provisions against which recede from its amendment to the House bill, the Senator raised the point of order, then UNAUTHORIZED APPROPRIA- or its disagreement to the amendment of the only those provisions against which the Pre- TIONS IN AMENDMENTS BE- House, and concur with a further amend- siding Officer sustains the point of order TWEEN THE HOUSES RELATING ment, which further amendment shall con- shall be deemed stricken pursuant to this TO SUCH ACTS, AND FOR OTHER sist of only that portion of the conference re- paragraph. Before the Presiding Officer rules port not deemed to have been struck (to- PURPOSES on such a point of order, any Senator may gether with any modification of total Mr. MCCAIN (for himself, Mr. KYL, move to waive such a point of order, in ac- amounts appropriated and reduction in the cordance with subparagraph (g), as it applies Mr. SESSIONS, and Mr. FEINGOLD) sub- allocation of discretionary budgetary re- to some or all of the provisions against mitted the following resolution; which sources allocated under section 302(a)(2) of which the point of order was raised. Such a was referred to the Committee on the Congressional Budget Act of 1974 (2 motion to waive is amendable in accordance Rules and Administration: U.S.C. 633(a)(2)) deemed to have been made); with the rules and precedents of the Senate. ‘‘(B) the question shall be debatable; and S. RES. 173 After the Presiding Officer rules on such a ‘‘(C) no further amendment shall be in Be it Resolved, That paragraph 1 of Rule point of order, any Senator may appeal the order; and XVI of the Standing Rules of the Senate is ruling of the Presiding Officer on such a ‘‘(4) if the Senate agrees to the amend- amended to read as follows: point of order as it applies to some or all of ment, then the bill and the Senate amend- ‘‘1. (a) On a point of order made by any the provisions on which the Presiding Officer ment thereto shall be returned to the House Senator: ruled. ‘‘(1) No new or general legislation nor any for its concurrence in the amendment of the ‘‘(i) Notwithstanding any provision of the unauthorized appropriation may be included Senate. Congressional Budget Act of 1974 (2 U.S.C. 621 in any general appropriation bill. ‘‘(e)(1) If a point of order under subpara- et seq.), no point of order provided for under ‘‘(2) No amendment may be received to any graph (a)(4) against a Senate amendment is that Act shall lie against the striking of any general appropriation bill the effect of which sustained, then— matter, the modification of total amounts to will be to add an unauthorized appropriation ‘‘(A) the unauthorized appropriation shall reflect the deletion of matter struck, or the to the bill. be struck from the amendment; reduction of an allocation of discretionary ‘‘(3) No new or general legislation nor any ‘‘(B) any modification of total amounts ap- budgetary resources allocated under section unauthorized appropriation, new matter, or propriated necessary to reflect the deletion 302(a)(2) of the Congressional Budget Act of nongermane matter may be included in any of the matter struck from the amendment 1974 (2 U.S.C. 633(a)(2)) to reflect the deletion conference report on a general appropriation shall be made and the allocation of discre- of matter struck (or to the bill, amendment, bill. tionary budgetary resources allocated under or conference report as affected by such ‘‘(4) No unauthorized appropriation may be section 302(a)(2) of the Congressional Budget striking, modification, or reduction) pursu- included in any amendment between the Act of 1974 (2 U.S.C. 633(a)(2)) shall be re- ant to a point of order under this paragraph. Houses, or any amendment thereto, in rela- duced accordingly; and ‘‘(j) For purposes of this paragraph: tion to a general appropriation bill. ‘‘(C) after all other points of order under ‘‘(1)(A) The term ‘unauthorized appropria- ‘‘(b)(1) If a point of order under subpara- this paragraph have been disposed of, the tion’ means an appropriation— graph (a)(1) against a Senate bill is sus- Senate shall proceed to consider the amend- ‘‘(i) not specifically authorized by law or tained, then— ment as so modified. Treaty stipulation (unless the appropriation June 17, 2003 CONGRESSIONAL RECORD — SENATE S8003 has been specifically authorized by an Act or general appropriations bill if the joint ex- ference report, that provision also resolution previously passed by the Senate planatory statement contains matter that would be stricken. The legislative proc- during the same session or proposed in pur- requires or permits the obligation or expend- ess would continue, however, and the suance of an estimate submitted in accord- iture of any amount appropriated in that bill legislation would revert to a non- ance with law); or for the benefit of an identifiable person, pro- ‘‘(ii) the amount of which exceeds the gram, project, entity, or jurisdiction by ear- amendable Senate amendment, which amount specifically authorized by law or marking or other specification, whether by would be the conference agreement Treaty stipulation (or specifically author- name or description, in a manner that— without the objectionable material, ized by an Act or resolution previously ‘‘(A) discriminates against other persons, and the measure could then be sent passed by the Senate during the same session programs, projects, entities, or jurisdictions back to the House. or proposed in pursuance of an estimate sub- similarly situated that would be eligible, but The proposed rules change also in- mitted in accordance with law) to be appro- for the restriction or direction, for the cludes two exemptions to points of priated. amount appropriated; or order that currently apply to amend- ‘‘(B) is so restricted or directed that it ap- ‘‘(B) An appropriation is not specifically ments to appropriations bills under authorized if it is restricted or directed to, plies only to a single identifiable person, or authorized to be obligated or expended for program, project, entity, or jurisdiction, rule XVI: appropriations that had been the benefit of, an identifiable person, pro- unless the identifiable person, program, included in the President’s budget re- gram, project, entity, or jurisdiction by ear- project, entity, or jurisdiction to which the quest or would be authorized by a bill marking or other specification, whether by restriction or direction applies is described already passed by the Senate during name or description, in a manner that— or otherwise clearly identified in a law or that session of Congress. Such appro- ‘‘(i) discriminates against other persons, Treaty stipulation (or an Act or resolution priations would not be subject to programs, projects, entities, or jurisdictions previously passed by the Senate during the points of order under the proposed same session or in the estimate submitted in similarly situated that would be eligible, but rules change. for the restriction, direction, or authoriza- accordance with law).’’. Finally, as my colleagues know, the tion, for the amount appropriated; or SEC. 4. READING OF CONFERENCE REPORT AND ‘‘(ii) is so restricted, directed, or author- JOINT EXPLANATORY STATEMENT. reports accompanying appropriations ized that it applies only to a single identifi- (a) VITIATING THE STANDING ORDER OF THE bills and the statements of managers able person, program, project, entity, or ju- SENATE REGARDING THE READING OF CON- that accompany conference reports are risdiction, FERENCE REPORTS.—The Standing Order of chock full of unauthorized appropria- unless the identifiable person, program, the Senate regarding the reading of con- tions and site-specific earmarks, typi- project, entity, or jurisdiction to which the ference reports established by the second cally far exceeding those in the bill sentence of section 903 of Division A of Ap- restriction, direction, or authorization ap- language. There has been a growing plies is described or otherwise clearly identi- pendix D—H.R. 5666 of the Consolidated Ap- propriations Act, 2001 (114 Stat. 2763A-198) is tendency over the years for these re- fied in a law or Treaty stipulation (or an Act ports to be viewed by Federal agencies or resolution previously passed by the Sen- vitiated. (b) READING OF JOINT EXPLANATORY STATE- ate during the same session or in the esti- as statutory directives. The fact is, of MENT.—There is established, as a Standing mate submitted in accordance with law) that course, the Appropriations Committee Order of the Senate, that the presentation of specifically provides for the restriction, di- reports and statements of managers a conference report includes the presen- rection, or authorization of appropriation for are advisory only. Unless a device for tation of the joint explanatory statement of such person, program, project, entity, or ju- curtailing such earmarking in report the conferees required by paragraph 4 of Rule risdiction. XXVIII of the Standing Rules of the Senate, language is also implemented, the new ‘‘(2) The term ‘new or general legislation’ and that a demand for the reading of the rule could be rendered almost meaning- has the meaning given that term when it is joint explanatory statement be subject to less. Therefore, under our proposal, it used in paragraph 2 of this Rule. the same rules, precedents, and procedures ‘‘(3) The terms ‘new matter’ and ‘non- would not be in order to consider an as apply to a demand for the reading of the germane matter’ have the same meaning as appropriations bill or conference report conference report. when those terms are used in Rule XXVIII.’’. if the accompanying documents in- SEC. 2. STATEMENT REGARDING EFFECT OF RE- Mr. MCCAIN. Mr. President, the reso- clude unauthorized or earmarked PORT LANGUAGE. lution I am submitting today is a reso- items. Paragraph 7 of Rule XVI of the Standing lution to amend the Standing Rules of The proposal would not be self-en- Rules of the Senate is amended by adding at the Senate to give every Member the forcing but, rather, it would allow any the end ‘‘It shall not be in order to proceed ability to raise points of order in objec- Member to raise a point of order in an to the consideration of a general appropria- tion to unauthorized appropriations or effort to extract objectionable unau- tion bill if the report on that bill contains matter that requires or permits the obliga- locality-specific earmarks that would thorized provisions. Our goal is to re- tion or expenditure of any amount appro- circumvent the authorizing or com- form the current system by empow- priated in that bill for the benefit of an iden- petitive award process. I am pleased to ering all Members with a tool to rid ap- tifiable person, program, project, entity, or be joined in this effort by my col- propriations bills of unauthorized jurisdiction by earmarking or other speci- leagues, Senators KYL, SESSIONS, and funds, porkbarrel projects, and legisla- fication, whether by name or description, in FEINGOLD. tive policy riders. a manner that— Specifically, the resolution would es- For many years, I have worked to ‘‘(A) discriminates against other persons, tablish a new procedure, modeled in call attention to the wasteful practice programs, projects, entities, or jurisdictions part after the Byrd Rule, which would of congressional earmarking whereby similarly situated that would be eligible, but for the requirement or permission, for the allow a point of order to be raised parochial interests are placed above amount appropriated; or against any new or general legislation national interests. Unfortunately, con- ‘‘(B) it applies only to a single identifiable or unauthorized appropriations, includ- gressional earmarks have continued to person, program, project, entity, or jurisdic- ing earmarks, in any general appro- rise year after year. In fact, according tion, priations bills or amendments to gen- to information compiled from the CRS, unless the identifiable person, program, eral appropriations bills. It also would the Congressional Research Service, project, entity, or jurisdiction is described or allow a point of order to be raised the total number of earmarks has otherwise clearly identified in a law or Trea- against any new or general legislation grown from 4,126 in fiscal year 1994, to ty stipulation (or an Act or resolution pre- or unauthorized appropriations, new 10,540 in fiscal year 2002. That is an in- viously passed by the Senate during the matter, or nongermane matter in any same session or in the estimate submitted in crease of over 150 percent. And for the accordance with law).’’. appropriations conference reports, and year 2003, the increase in number, from SEC. 3. STATEMENT REGARDING EFFECT OF against unauthorized appropriations in our preliminary estimates, is some- JOINT EXPLANATORY STATEMENT amendments between the Houses. where around 1,300 earmarks. LANGUAGE. Unless a point of order is waived by Our current economic situation and Rule XXVIII of the Standing Rules of the the affirmative vote of 60 votes, the un- our vital national security concerns re- Senate is amended— authorized provision would be ex- quire that now, more than ever, we (1) by striking ‘‘The’’ in paragraph 1 and tracted from the measure, and the prioritize our Federal spending. inserting ‘‘Except as provided in paragraph 7, the’’; and overall cost of the bill would be re- By the way, the earmarked funds (2) by adding at the end the following: duced by the corresponding amount. have gone up a commensurate amount ‘‘7. It shall not be in order to proceed to Furthermore, if a point of order is sus- from $26.8 billion in fiscal year 1994, to the consideration of a conference report on a tained against a provision in a con- $44.6 billion earmarked in 2002. I think S8004 CONGRESSIONAL RECORD — SENATE June 17, 2003 what this chart shows is as important To further illustrate the enormity of tucky; $2 million for a public exhi- as the earmarks, given the fact that we the earmarking situation, my col- bition on ‘‘America’s Transportation are now up close to $50 billion in ear- leagues need only consider the trans- Stories’’ in Michigan; and $3 million marked funds in our appropriations portation earmarking that has oc- for the Odyssey Maritime Project, a bills. curred during the past 5 years. Accord- museum, in Washington. That was out And this chart does not include the ing to the Department of Transpor- of highway funds. number of fundamental policy changes tation inspector general, Congress ap- The National Corridor Planning & that are made in the appropriations propriated $18 billion in discretionary Development & Corridor Border Infra- process because they cannot get funding for highway transit and avia- structure Program was authorized at through the authorizing process, which tion discretionary programs during fis- $140 million. But the appropriators pro- is the proper process. And they, many cal years 1998 through 2002. Of that vided an additional $333.6 million over times—as in a case that I will mention amount, $11 billion or 60 percent was the authorized level for a total of $492.2 in a few minutes—often cost hundreds earmarked by Congress. million in funding. The conferees then of millions of dollars to the taxpayers. Let me just offer a few specific exam- earmarked 100 percent of the funding Language included in the Department ples of recent earmarks: From the war for 123 projects in 38 States. Earmarks of Defense appropriations bill for fiscal supplemental appropriations con- included, surprisingly, $54 million for year 1998 is a classic example. There ference report, $110 million for mod- three projects in West Virginia; $43 were no funds earmarked in that bill ernization of the Agriculture Research million for 18 projects in Kentucky; that would show up here. It did show Service, and Animal and Plant Health $34.5 million for seven projects in Mis- up as one policy change. Inspection Service Facilities near sissippi; $34 million for five projects in What it did do, in the Defense appro- Ames, IA. That was from a war supple- Washington; and $27 million for six priations bill, is it granted a legal mo- mental appropriations conference re- projects in Alabama. Twelve States re- nopoly for American Classic Voyages port, specifically for the war in Iraq ceived zero funding under any program: to operate as the only U.S.-flagged op- and homeland security. From the 2003 Arizona, Colorado, Delaware, Hawaii, erator among the Hawaiian Islands. omnibus appropriations conference re- Nebraska, Nevada, North Dakota, After receiving the monopoly, Amer- port, $1 million for a bear DNA sam- Rhode Island, South Carolina, Utah, ican Classic Voyages secured a $1.1 bil- pling study in Montana; $280,000 for as- Vermont, and Wyoming. I could go on citing examples of arbi- lion loan guarantee from the U.S. Mar- paragus technology and production in trary earmarks. I will refrain for now. itime Administration’s title XI loan Washington; $220,000 to research future But something has to be done to put a guarantee program for the construc- foods in Illinois; $10 million for a sea- halt to the alarming increase in ear- tion of two passenger vessels known as food marketing program in Alaska; marking. Project America. $250,000 for research on the interaction I went over the rules changes and Project America’s subsequent failure of grapefruit juice and drugs; $50,000 to what they meant, but I would just like 4 years later resulted in the U.S. Mari- combat feral hogs in Missouri; $2 mil- to give a most recent example. An time Administration paying out $187.3 lion for the Biomass Gasification Re- issue that has arisen which is of great million of the taxpayers’ money to search Facility in Birmingham, AL; concern to many Americans is the cover the project’s loan default and re- $500,000 for the gasification of issue of media concentration. We have covering only $2 million from the sale. switchgrass in Iowa; $1 million for the had several hearings in the Commerce I am not alone in the opinion that National Agriculture-Based Industrial Committee. We had the FCC Commis- the earmarking process has reached Lubricants Center in Iowa; and $202,500 sioners up before the committee after the breaking point. Consider the ad- to continue rehabilitation of the they made a ruling. It has probably ministration’s recently submitted pro- former Alaska Pulp Company mill site aroused more interest than any other posal to reauthorize the multiyear in Sitka, AK. issue ever before the Federal Commu- highway transit and safety programs I usually make a lot of fun and jokes nications Commission, certainly in re- which will expire in September 30, 2003. about these things, but it is getting out cent memory. Interestingly, that proposal, entitled of hand. It is really getting out of Seven hundred fifty thousand Ameri- the Safe, Accountable, Flexible, and hand. When we are looking at a $400 cans contacted the FCC on this issue of Efficient Transportation Equity Act of billion deficit this year, can we afford media concentration. The issue is dif- 2003, SAFETEA, proposes to largely $1 million for a bear DNA sampling ficult. It is complex. We have had many eliminate discretionary programs that study in Montana? hearings on it. Over time, I have be- currently exist under the Department’s The conference report also included come convinced that this issue is a se- authority. an agricultural policy change to make rious one. I believe there are serious Why is that? One would think the catfish producers eligible for payments problems with radio concentration. I Secretary of Transportation would be under the livestock compensation pro- am not sure what the answer is and ex- advocating the growth of discretionary gram even though hog, poultry, or actly how we go about addressing the programs so that he can award Federal horse producers are not eligible. issue of both vertical and horizontal grants for projects based on a meri- Further, the conference agreement concentration, cross-ownership of torious selection process. contained provisions which allow a newspapers, and television stations and But over the years, such discretion subsidiary of the Malaysian-owned cable stations and radio stations. But has been assumed by the appropriators Norwegian Cruise Lines the exclusive the committee will continue to explore during the annual transportation ap- right to operate several large foreign- it. propriations process and all but nul- built cruise vessels in the domestic Last week, three of my colleagues lified any role on the part of the Sec- cruise trade. This provides an unfair from the Senate held a press con- retary and his ability to award discre- competitive advantage to a foreign ference: My dear friend Senator HOL- tionary grants. company at the expense of all other LINGS, ranking member of the Com- Transportation Secretary Mineta, in cruise ship operators and creates a de merce Committee, former chairman; testimony before the Senate Commerce facto monopoly for NCL in the Hawai- Senator STEVENS of Alaska, second Committee, stated: ian cruise trade. ranking member of the committee; and SAFETEA eliminates most discretionary From the fiscal year 2002 transpor- Senator LOTT, a very distinguished highway grant programs and makes these tation appropriations conference re- member of the committee. At the time, funds available under the core formula high- port, nearly $1 billion in highway pro- they said they were introducing legis- way grants programs. States and localities gram funding authorized to be distrib- lation to freeze the ownership at 35 per- have tremendous flexibility and certainty of uted to the States by formula at the cent which would then counteract and funding under the core programs. Unfortu- discretion of the Secretary was in- nately, Congressional earmarking has frus- repeal the rule raising media con- trated the intent of most of these discre- stead, for the first time, redirected and centration levels to 45 percent by FCC. tionary programs, making it harder for earmarked for projects such as $1.5 mil- The only reason I mention this is im- States and localities to think strategically lion for the Big South Fork Scenic mediately in answer to the first ques- about their own transportation problems. Railroad enhancement project in Ken- tion, they said: If we don’t get it June 17, 2003 CONGRESSIONAL RECORD — SENATE S8005 through the committee, we can always give up on it. We will be discussing it Those wishing additional information put it on an appropriations bill. That and debating it for a long time. may contact the Indian Affairs Com- was the comment made. My constituents—and every Amer- mittee at 224–2251. Mr. President, that is not the right ican—do not expect us to act in this f way to do business on a major funda- fashion, which in many cases is totally AUTHORITY FOR COMMITTEES TO MEET mental policy change, to tack it on as irresponsible. COMMITTEE ON FINANCE one line, as was described by Senator I yield the floor. Mr. BENNETT. Mr. President, I ask HOLLINGS, that we can always just zero Mr. KYL. Mr. President, the Congres- unanimous consent that the Com- out the funding. That is not the way we sional Budget Act, Rule 21 of the House mittee on Finance be authorized to should be doing business. of Representatives, and Rule 16 of the meet during the session on Tuesday, This issue should be decided by all Senate are all designed to establish a June 17, 2003, at 10:00 a.m., to hear tes- 100 Senators on the floor of the Senate. balance between authorizing legisla- timony on the ‘‘Implementation of U.S. I am not saying the sponsors of the leg- tion and appropriations bills that Bilateral Free Trade Agreements with islation are wrong. But this has to do would allow Congress to consider au- Singapore and Chile.’’ with billions of dollars in acquisitions, thorizing legislation in a timely and or nonacquisitions, with fundamental thoughtful manner, and prevent the COMMITTEE ON FOREIGN RELATIONS changes within the media. The answer year-ending appropriations process Mr. BENNETT. Mr. President, I ask was, well, we will put it on an appro- from degenerating into a venue for pol- unanimous consent that the Com- priations bill if we cannot get it icymaking and provincialism. mittee on Foreign Relations be author- through committee. The committee Yet, according to CBO, over the past ized to meet during the session of the will be marking it up on Thursday. I several years, the total amount of un- Senate on Tuesday, June 17, 2003, at don’t know if it will get to the floor. authorized appropriations has ranged 9:30 a.m., to hold a hearing on ‘‘Trea- That is up to the majority leader but, between about $90 billion and $120 bil- ties Related to Aviation and the Envi- more importantly up to my colleagues lion annually, and since 1998, the num- ronment.’’ who may put holds on it. ber of earmarks has risen by 150 per- COMMITTEE ON GOVERNMENTAL AFFAIRS These are serious issues that impact cent to 10,540, which cost $44.6 billion Mr. BENNETT. Mr. President, I ask greatly the United States of America, in 2002 alone. This trend has made a unanimous consent that the Com- and they are being decided on appro- mockery of our institutional arrange- mittee on Governmental Affairs be au- priations bills, stuck in without even ment and beckons us to take action to thorized to meet on Tuesday, June 17, so much as a hearing many times. I fix the system. 2003, at 10:00 a.m., to hold a business will be on the floor many times on this The bill introduced today is not per- meeting to consider pending Com- issue because it is a long way from us fect, but it recognizes the deficiencies mittee business. being able to remove this power from in current procedure and represents an Agenda the Appropriations Committee and put earnest and thoughtful attempt to cor- it back into the authorizing commit- rect them. It would improve Rule 16 to Legislation: S. 481, the Kurtz Bill; S. tees where it belongs. close the loophole that currently insu- 589, Homeland Security Workforce Act; Finally, some of the proudest and lates Senate appropriations com- S. 610, NASA Workforce Flexibility Act most intense and enjoyable moments of mittee-reported bills containing unau- of 2003; S. 678, Postmasters Equity Act my political career have been as chair- thorized appropriations and legislative of 2003; S. 908, United States Consensus man of the Commerce Committee. I be- language from points of order, while Council; S. 910, Non-Homeland Security lieve the Commerce Committee is well preserving the Senate’s ‘‘defense of ger- Mission Performance Act of 2003; S. 926, suited to address these issues. I believe maneness’’ to amend legislative lan- Federal Employee Student Loan As- the Commerce Committee is well suit- guage in House-passed appropriations sistance Act; S. 1166, National Security ed to authorize major programs and ad- bills. Personnel System Act; and S. 1245, dress major policy challenges that con- It would also preserve balance be- Homeland Security Grant Enhance- front the Nation, whether it is com- tween the Houses by allowing any Sen- ment Act. merce, science, transportation, infor- ator to raise a point of order against Post Office Naming Bills: S. 508, a mation technology, telecommuni- unauthorized appropriations included bill to designate the facility of the cations, aviation, or all of the other in a House-passed appropriations bill, United States Postal Service located at issues. I don’t think they should be de- conference report, or amendment be- 1830 South Lake Drive in Lexington, cided by the Appropriations Com- tween Houses. Finally, the bill at- South Carolina, as the ‘‘Floyd Spence mittee, as far as policy is concerned. tempts to regulate the practice of Post Office Building’’; S. 708, a bill to As far as the amounts of money are using committee or conference report redesignate the facility of the United concerned, that is their job. I pretend language to earmark funds. States Postal Service located at 7401 to have no ambitions on that issue. We have a problem; I think that West 100th Place in Bridgeview, Illi- We have to get this out-of-control— much is clear. If other Members of this nois, as the ‘‘Michael J. Healy Post Of- and I mean totally out-of-control—sit- chamber do not agree with specific pro- fice Building’’; S. 867, a bill to des- uation under control. The situation has visions of this bill, I ask that they offer ignate the facility of the United States been dramatically exacerbated by the constructive suggestions as to how best Postal Service located at 710 Wicks fact that we are now looking, in sheer to breathe life back into Rule 16 and Lane in Billings, Montana, as the whole numbers, at the highest deficits the institutional balance between au- ‘‘Ronald Reagan Post Office Building’’; in the history of this country. As far as thorization and appropriations. In the S. 1145, a bill to designate the facility a percent of GNP, they are not the midst of the War on Terrorism and pro- of the United States Postal Service lo- highest, but we are talking about at jected budget deficits, it would be an cated at 120 Baldwin Avenue in Paia, least $400 billion this year. abrogation of our role as elected offi- Maui, Hawaii, as the ‘‘Patsy Takemoto We are about to—I am happy to say— cials to allow the status quo to persist. Mink Post Office Building’’; S. 1207, a pass a Medicare prescription drug pro- bill to redesignate the facility of the gram that will cost about $400 billion f United States Postal Service located at or more over a 10-year period. We are 120 East Ritchie Avenue in Marceline, looking at Social Security and Medi- NOTICES OF HEARINGS/MEETINGS Missouri, as the ‘‘Walt Disney Post Of- care. We cannot afford this high cost COMMITTEE ON INDIAN AFFAIRS fice Building’’; H.R. 825, an act to re- anymore. I believe the chairman of the Mr. CAMPBELL. Mr. President, I designate the facility of the United Rules Committee will be holding a would like to announce that the Com- States Postal Service located at 7401 hearing on this issue. I don’t believe it mittee on Indian Affairs will meet on West 100th Place in Bridgeview, Illi- would get through the Rules Com- Wednesday, June 18, 2003, at 10 a.m. in nois, as the ‘‘Michael J. Healy Post Of- mittee, but I am very grateful to Sen- room 485 of the Russell Senate Office fice Building’’; H.R. 917, an act to des- ator LOTT that he would allow a hear- Building to conduct a hearing on Na- ignate the facility of the United States ing on this issue. But I do not intend to tive American Sacred Places. Postal Service located at 1830 South S8006 CONGRESSIONAL RECORD — SENATE June 17, 2003 Lake Drive in Lexington, South Caro- Marketplace,’’ on Tuesday, June 17, Senate on Tuesday, June 17, 2003, for a lina, as the ‘‘Floyd Spence Post Office 2003, at 10:00 a.m., in the Dirksen Sen- hearing to consider the nominations of Building’’; H.R. 925, an act to designate ate Office Building Room 226. Mr. Alan G. Lance, Sr., and Mr. Law- the facility of the United States Postal Witness List rence B. Hagel, to be Judges, U.S. Service located at 1859 South Ashland Court of Appeals for Veterans’ Claims. Avenue in Chicago, Illinois, as the Panel 1: The Honorable Timothy J. The hearing will take place in room 418 ‘‘Cesar Chavez Post Office’’; H.R. 981, Muris, Esq., Chairman, Federal Trade of the Russell Senate Office Building at an act to designate the facility of the Commission, Washington, DC; Mr. Dan 2:30 p.m. United States Postal Service located at Troy, Esq., Chief Counsel for Food and The PRESIDING OFFICER. Without 141 Erie Street in Linesville, Pennsyl- Drugs, Food and Drug Administration, objection, it is so ordered. Rockville, MD; Mr. Sheldon T. Brad- vania, as the ‘‘James R. Merry Post Of- SELECT COMMITTEE ON INTELLIGENCE shaw, Esq., Deputy Assistant Attorney fice’’; H.R. 985, an act to designate the Mr. BENNETT. Mr. President, I ask General, Office of Legal Counsel, De- facility of the United States Postal unanimous consent that the Select partment of Justice, Washington, DC. Service located at 111 West Washington Committee on Intelligence be author- Street in Bowling Green, Ohio, as the Panel 2: The Honorable Howard M. Metzenbaum, Esq.; Former U.S. Sen- ized to meet during the session of the ‘‘Delbert L. Latta Post Office Build- Senate on Tuesday, June 17, 2003, at ing’’; H.R. 1055, an act to designate the ator, [D–OH], Chairman, Consumer Federation of America, Washington, 2:30 p.m. to hold an open confirmation facility of the United States Postal hearing on Frank Libutti to be Under Service located at 1901 West Evans DC; Ms. Kathleen Jaeger, Esq., Presi- dent and CEO, Generic Pharmaceutical Secretary for Information Analysis and Street in Florence, South Carolina, as Infrastructure Protection, Department the ‘‘Dr. Roswell N. Beck Post Office Association, Washington, DC; Mr. Bruce Kuhlik, Esq., General Counsel, of Homeland Security. Building’’; H.R. 1368, an act to des- The PRESIDING OFFICER. Without ignate the facility of the United States Pharmaceutical Research and Manu- facturers of America, Washington, DC. objection, it is so ordered. Postal Service located at 7554 Pacific SPECIAL COMMITTEE ON AGING Avenue in Stockton, California, as the The PRESIDING OFFICER. Without objection, it is so ordered. Mr. BENNETT. Mr. President, I ask ‘‘Norman D. Shumway Post Office unanimous consent that the Special Building’’; H.R. 1465, an act to des- COMMITTEE ON THE JUDICIARY Mr. BENNETT. Mr. President, I ask Committee on Aging be authorized to ignate the facility of the United States meet on June 17, 2003, from 10 a.m.–12 Postal Service located at 4832 East unanimous consent that the Com- mittee on the Judiciary be authorized p.m. in Dirksen 628 for the purpose of Highway 27 in Iron Station, North conducting a hearing. Carolina, as the ‘‘General Charles Ga- to meet to conduct a hearing on ‘‘The Dark Side of a Bright Idea: Could Per- The PRESIDING OFFICER. Without briel Post Office’’; H.R. 1596, an act to objection, it is so ordered. designate the facility of the United sonal and National Security Risks States Postal Service located at 2318 Compromise the Potential of Peer-to- SUBCOMMITTEE ON CONSUMER AFFAIRS AND PRODUCT LIABILITY Woodson Road in St. Louis, Missouri, Peer Fine-Sharing Networks?’’ on Mr. BENNETT. Mr. President, I ask as the ‘‘Timothy Michael Gaffney Post Tuesday, June 17, 2003, at 2:00 p.m., in unanimous consent that the Sub- Office Building’’; H.R. 1609, an act to the Dirksen Senate Office Building committee on Consumer Affairs and redesignate the facility of the United Room 226. Product Liability be authorized to States Postal Service located at 201 Tentative Witness List meet on Tuesday, June 17, 2003, from West Boston Street in Brookfield, Mis- Panel I: The Honorable Dianne Fein- 2:30 pm on Reauthorization of the Con- souri, as the ‘‘Admiral Donald Davis stein, U.S. Senator, [D–CA]; The Hon- sumer Product Safety Commission. Post Office Building’’; H.R. 1740, an act orable Tom M. Davis, III, U.S. Rep- The PRESIDING OFFICER. Without to designate the facility of the United resentative, [D–VA, 11th District], objection, it is so ordered. States Postal Service located at 1502 Chairman, House Committee on Gov- East Kiest Boulevard in Dallas, Texas, SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND ernment Reform. WATER as the ‘‘Dr. Caesar A.W. Clark, Sr. Post Panel II: Nathaniel S. Good, Grad- Office Building’’; and H.R. 2030, an act Mr. BENNETT. Mr. President, I ask uate Student, School of Information unanimous consent that the Sub- to designate the facility of the United Science, University of California at States Postal Service located at 120 committee on Fisheries, Wildlife, and Berkeley, Berkeley, CA; Aaron Water be authorized to meet on Tues- Baldwin Avenue in Paia, Maui, Hawaii, Krekelberg, Lead Web Developer, Uni- as the ‘‘Patsy Takemoto Mink Post Of- day, June 17 at 9:30 am to conduct a versity of Minnesota, Minneapolis, MN; hearing to receive testimony on S. 525, fice Building.’’ Randy Saaf, MediaDefender, Inc., Los Nominations: Michael J. Garcia to be the National Aquatic Invasive Species Angeles, CA; Alan Morris, Executive Act at 2003, a bill to reauthorize the Assistant Secretary for Immigration Vice President, Sharman Networks, and Customs Enforcement, Department nonindigenous Aquatic Nuisance Pre- Ltd., London, England; Chris Murray, of Homeland Security; C. Steward vention and Control Act. The hearing Esq., Legislative Counsel, Consumers Verdery, Jr. to be an Assistant Sec- will take place in SD 406, Hearing Union, Washington, DC. retary of Homeland Security; Susanne Room. The PRESIDING OFFICER. Without Marshall to be Chairman of the Merit The PRESIDING OFFICER. Without objection, it is so ordered. Systems Protection Board; Neil objection, it is so ordered. COMMITTEE ON RULES AND ADMINISTRATION McPhie to be a Member of the Merit f Systems Protection Board; Terrence A. Mr. BENNETT. Mr. President, I ask PRIVILEGES OF THE FLOOR Duffy to be a Member of the Federal unanimous consent that the Com- Retirement Thrift Investment Board; mittee on Rules and Administration be Mr. BREAUX. Mr. President, at this Peter Eide to be General Counsel for authorized to meet during the session time, I ask unanimous consent that the the Federal Labor Relations Authority; of the Senate on Tuesday, June 17, 2003, following fellows and interns on the Fi- Albert Casey to be a Governor for the at 9:30 a.m., to conduct a hearing on nance Committee be granted floor United States Postal Service; and Senate Resolution 151, requiring public privileges for the duration of the de- James C. Miller, III to be a Governor disclosure of notices of objections, bate on the Prescription Drug Medicare for the United States Postal Service. holds, to proceedings to motions or Improvement Act of 2003: Patrick The PRESIDING OFFICER. Without measures in the Senate. Straub, Nadija Porobic, Kathy objection, it is so ordered. The PRESIDING OFFICER. Without Laubach, Autumn Engellant, Con- COMMITTEE ON THE JUDICIARY objection, it is so ordered. stantine Tujios. Mr. President, I ask unanimous con- COMMITTEE ON VETERANS’ AFFAIRS The PRESIDING OFFICER. Without sent that the Committee on the Judici- Mr. BENNETT. Mr. President, I ask objection, it is so ordered. ary be authorized to meet to conduct a unanimous consent that the Com- Mr. JEFFORDS. Mr. President, I ask hearing on ‘‘The FTC Study on Bar- mittee on Veterans’ Affairs be author- unanimous consent to allow floor privi- riers to Entry in the Pharmaceutical ized to meet during the session of the leges for Daniel Crimmins, a Robert June 17, 2003 CONGRESSIONAL RECORD — SENATE S8007 Woods Johnson health policy fellow in cided to promote him to the nightly Whereas David Brinkley, born in Wil- my office during deliberations on this news. ‘‘The Huntley-Brinkley Report’’ mington, NC, greatly distinguished himself measure. premiered on October 29, 1956. This was as a newspaper reporter, radio cor- The PRESIDING OFFICER. Without NBC’s nightly newscast, and it was the respondent, and television correspondent; Whereas David Brinkley attended the Uni- objection, it is so ordered. show that made David Brinkley a Mrs. LINCOLN. I ask unanimous con- versity of North Carolina and served in the household name. Millions of Americans North Carolina National Guard; sent that the privilege of the floor be tuned in to the program nightly to get Whereas David Brinkley’s first job in granted to Erica Buehrens, a fellow in their news. Their show was so popular Washington was covering the White House in Senator JOHN EDWARDS’ office, during that, in the 1960s, David and Chet both 1943 for NBC as a radio reporter; the pendency of S. 1, the Medicare pre- had higher name recognition than the Whereas David Brinkley co-anchored ‘‘The scription drug benefit bill. Beatles and John Wayne. Huntley-Brinkley Report,’’ along with Chet The PRESIDING OFFICER. Without What most Americans remember Huntley, which was widely popular during objection, it is so ordered. about the show was the way they the 1960’s; Whereas David Brinkley hosted ‘‘This f signed off each night: ‘‘Goodnight, Chet Week with David Brinkley’’ for fifteen years HONORING THE LIFE OF MEDIA . . . Goodnight, David.’’ It became one and it was the number one Sunday program of the country’s first catchphrases. REPORTING GIANT DAVID when he retired in 1996; David permanently said ‘‘goodnight’’ BRINKLEY Whereas David Brinkley covered eleven to ‘‘The Huntley-Brinkley Report’’ in presidents, four wars, 22 political conven- Mr. MCCONNELL. Mr. President, I 1970. He stayed at NBC for another 11 tions, a moon landing and three assassina- ask unanimous consent that the Sen- years, continuing to report, anchor and tions; ate proceed to the immediate consider- host a magazine show. Whereas David Brinkley wrote three ation of S. Res. 172, which was sub- In 1981, ABC arrived on the scene. books, won ten Emmy awards, six Peabody mitted earlier today. The network offered him a Sunday Awards, and in 1992, the Presidential Medal The PRESIDING OFFICER. Without morning talk show. ‘‘This Week with of Freedom, the nation’s highest civilian objection, it is so ordered. honor; David Brinkley’’ was the first of its Whereas David Brinkley is considered by The clerk will report. kind—an hour rather than 30 minutes, The assistant legislative clerk read many to be the premier broadcast journalist and it became a huge ratings hit. of his time; as follows: During his long and outstanding ca- Whereas David Brinkley was well known A resolution (S. Res. 172) honoring the life reer, David covered 11 presidents, 4 for his wry sense of humor, fundamental de- of media reporting giant David Brinkley, and wars, 22 political conventions, a moon cency, gentlemanly charm, and his one-of-a- expressing the deepest condolences of the landing, and 3 assassinations. He wrote kind writing style will forever be remem- Senate to his family on his death. 3 books, won 10 Emmy awards, 6 Pea- bered by his friends, colleagues, and the There being no objection, the Senate body awards, and in 1992, the Presi- countless members of the television audience he touched week to week over his more than proceeded to consider the resolution. dential Medal of Freedom—the Na- Mr. MCCONNELL. Mr. President, I fifty year career: Now, therefore, be it tion’s highest civilian honor. Resolved, That the Senate— spend many of my Sunday mornings David was just as well known for his having coffee with Tony Snow, Tim (1) pay tribute to the outstanding career of wry sense of humor, fundamental de- David Brinkley; Russert and Bob Schieffer. The Sunday cency and gentlemanly charm as he (2) expresses its deepest condolences to his morning talk shows are a chance for was for his one-of-a-kind writing style. family; and me—and I’m sure every Senator in this I am told that he wrote all of his own (3) directs the Secretary of the Senate to Chamber—to listen and participate in scripts, which is rare, especially in to- direct an enrolled copy of this resolution to the family of David Brinkley. some of the best and most lively de- day’s world of the 24-hour news chan- bates in America. While today’s hosts nels. In 1987, he said: ‘‘it’s the way I’ve f are some of the best in the business, written all my life, since I was 6 years ORDERS FOR TOMORROW their foundation was built by a legend. old and working part-time at a local ‘‘This Week with David Brinkley’’ Mr. MCCONNELL. Mr. President, I newspaper. I write the way I talk. Oc- ask unanimous consent that when the was that foundation. His show was the casionally, rarely, because something first Sunday talk show I remember Senate completes its business today, it happened while I was already on the air stand in adjournment until 9:30 a.m., watching. David had a passion for poli- and I couldn’t write it myself, some- tics and it showed on the air. He set a June 18. I further ask that following body’s written something and brought the prayer and the pledge, the morning pattern for all the other hosts to fol- it to me. And I cannot read it. Can low. Last Wednesday, when David hour be deemed to have expired, the not!. . . And it’s not that the writing Journal of the proceedings be approved passed away at the age of 82, America is so terrible. It’s just that . . . I can’t lost a friend. to date, the time for the two leaders be read anything that isn’t mine.’’ reserved for their use later in the day, David’s interest in journalism and My prayers and deepest condolences and the Senate then begin a period of politics started at a very early age. He go out to David’s family and friends for morning business until 10 a.m. with the was born in Wilmington, NC, on July 10 their loss. Mr. President, I close by time equally divided between the two 1920. David’s first job in journalism was asking my colleagues to join me in leaders, or their designees, provided at the Wilmington Morning Star, paying tribute to David Brinkley’s life that at 10 a.m. the Senate resume con- where he wrote for the newspaper while and his contribution to journalism and sideration of S. 1, the prescription drug still in high school. Following gradua- politics. There will never be another tion, he attended the University of benefits bill. one like him. He will be missed. Mr. REID. Mr. President, reserving North Carolina and served in the North ‘‘Goodnight, David.’’ Carolina National Guard. In 1943, after Mr. President, I ask unanimous con- the right to object, does the Senator his discharge from the service, David sent that the resolution be agreed to, from Kentucky have information that moved to Washington, DC, and landed a the preamble be agreed to, the motion the scoring will be completed some- job with NBC as a radio reporter cov- to reconsider be laid upon the table, time during the night? ering President Franklin D. Roosevelt and that any statements relating to Mr. MCCONNELL. I am told that we believe it will be ready by the time we at the White House. this matter be printed in the RECORD. In 1956, David got his big break. He The PRESIDING OFFICER. Without resume consideration of the bill in the became a co-anchor with Chet Huntley objection, it is so ordered. morning. during the Democratic and Republican The resolution (S. Res. 172) was Mr. REID. I think the debate today political convention. I remember tun- agreed to. has been very constructive. I hope that ing in to David every night; in fact, I The preamble was agreed to. in the next 10 days or so it is the same. was probably the only 14-year-old in The resolution, with its preamble, I have no objection. America that watched the conventions reads as follows: The PRESIDING OFFICER. Without from gavel to gavel. S. RES. 172 objection, it is so ordered. David did such an outstanding job Whereas the Senate has learned with sad- Mr. MCCONNELL. I say to the Demo- during the conventions that NBC de- ness of the death of David Brinkley; cratic whip, as he knows, the intent of S8008 CONGRESSIONAL RECORD — SENATE June 17, 2003 the majority leader is to finish this bill The PRESIDING OFFICER. It is a amendment. This is a procedure that is by the July 4 recess. We hope to make resolution that was submitted and re- unheard of in terms of parliamentary great progress and, obviously, we will ferred to committee. procedure and one I want the Senate to need to do that in the next 10 days. Mr. STEVENS. It was referred to know if it possibly comes up on the f committee. floor, I think we shall demonstrate The PRESIDING OFFICER. That is what a good old-fashioned filibuster is PROGRAM correct. all about. I thank the Chair. Mr. MCCONNELL. Mr. President, for Mr. STEVENS. I was improperly in- the information of all Senators, tomor- formed, but I would like to speak for a f row morning, following morning busi- minute or two on that matter. ness, the Senate will resume consider- The PRESIDING OFFICER. That is AUTOMATIC DEFIBRILLATION IN ation of S. 1, the prescription drug ben- in order. The Senate is in morning ADAM’S MEMORY ACT efits bill. We have had a good debate on business. Mr. STEVENS. Mr. President, I ask the issue so far yesterday and today, f unanimous consent, notwithstanding and a number of Members have come to the previous order, that the HELP AMENDMENT TO RULE XVI OF the floor to speak on the merits of the Committee be discharged from further THE STANDING RULES OF THE bill. consideration of H.R. 389 and that the SENATE Tomorrow, we expect to begin the Senate proceed to its immediate con- amending process. Senators who wish Mr. STEVENS. Mr. President, every- sideration. to offer amendments are encouraged to one should understand the scope of the The PRESIDING OFFICER. Without contact the chairman or the ranking proposed resolution of the Senator objection, it is so ordered. The clerk member of the Finance Committee so from Arizona. I have before me some will report the bill by title. they may schedule time for consider- books. The books with white covers are The assistant legislative clerk read ation of their amendments. requests I received as chairman of the as follows: I also advise our colleagues that roll- Appropriations Committee on one bill call votes are anticipated throughout A bill (H.R. 389) to authorize the use of cer- last January, when we talked about tain grant funds to establish an information tomorrow’s session. Senators will be the defense portion of what we call the clearinghouse that provides information to notified on when the first vote is sched- omnibus bill. increase public access to defibrillation in uled. The Chair will recall we had 11 bills schools. In addition, I alert all Senators that that had to be put together. This is the There being no objection, the Senate votes are expected each day this week. portion pertaining just to the foreign proceeded to consider the bill. As I indicated a few moments ago, we assistance subcommittee dealing with Mr. STEVENS. Mr. President, I ask intend to complete this vital measure matters of foreign assistance. Every unanimous consent that the bill be before we have the Fourth of July re- one of those pages is a letter from a read a third time, passed, the motion cess. Member of the Senate asking our com- to reconsider be laid upon the table, f mittee to change a portion of the ap- and that any statements relating to ORDER FOR ADJOURNMENT propriations bill for the specific sub- the bill be printed in the RECORD. committee received from the adminis- Mr. MCCONNELL. Mr. President, if The PRESIDING OFFICER. Without there is no further business to come be- tration. The President sends us a budg- objection, it is so ordered. fore the Senate, I ask unanimous con- et, and the budget is broken into 13 The bill (H.R. 389) was read the third sent that the Senate stand in adjourn- separate bills. These represent the re- time and passed. quests received from Senators to ment under the previous order fol- f lowing the remarks of the senior Sen- change just 2 of those 11 bills. ator from Alaska. Senator MCCAIN’s proposal would, in effect, say if any one of these requests ADJOURNMENT UNTIL 9:30 A.M. The PRESIDING OFFICER. Without TOMORROW objection, it is so ordered. were granted, it would be subject to a point of order and it would take 60 Mr. STEVENS. Mr. President, I f votes to allow that amendment to stay renew the request of the distinguished ORDER OF PROCEDURE in the bill. assistant leader. Mr. STEVENS. Mr. President, I shall In other words, a Senator could make The PRESIDING OFFICER. Under be short under the circumstances be- a motion after the Senate or the com- the previous order, the Senate stands cause I assume we will have another mittee had agreed to one of these re- in adjournment until 9:30 a.m. tomor- occasion to speak on the McCain quests, and that motion would be to row. amendment. take it out. It would take 60 votes to There being no objection, the Senate, Parliamentary inquiry. I am in- sustain it. I think the Constitution at 6:34 p.m., adjourned until Wednes- formed it is the pending amendment. assures a majority can pass any day, June 18, 2003, at 9:30 a.m. June 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1273 EXTENSIONS OF REMARKS

HONORING MR. JOHN H. ana community. I respectfully ask that you and sures, depression and mental health concerns BETJEMANN my other distinguished colleagues join me in stemming from mid-life, career, or other per- congratulating Mr. John Betjemann for his out- sonal and professional difficulties. In addition, HON. PETER J. VISCLOSKY standing contributions to Indiana’s First Con- continuing concern about crime, juvenile delin- OF INDIANA gressional District. I am proud to commend quency, and services for the mentally ill, the IN THE HOUSE OF REPRESENTATIVES him for his lifetime of service and dedication. mentally retarded, the physically disabled, f AIDS patients, and individuals and families in Tuesday, June 17, 2003 crisis, will spur demand for social workers. SUPPORT NATIONAL PROFES- Mr. VISCLOSKY. Mr. Speaker, it is with Hospitals, long-term care facilities, and SIONAL SOCIAL WORK MONTH great pleasure that I congratulate one of the home healthcare services will continue to de- most selfless and caring citizens of the First pend on social workers to coordinate and pro- Congressional District of Indiana, Mr. John H. HON. CIRO D. RODRIGUEZ vide aftercare services for their clients. The Betjemann. John has spent the past 23 years OF TEXAS popularity of assisted-living communities dedicating his life to promoting healthcare de- IN THE HOUSE OF REPRESENTATIVES among the expanding senior population re- velopment and community service to all of Tuesday, June 17, 2003 quires the expertise of social work gerontology Northwest Indiana. His career as President specialists. Social workers with substance and CEO of the Methodist Hospitals in Gary, Mr. RODRIGUEZ. Mr. Speaker, as a social abuse and addiction skills offer those seeking Merrillville, and surrounding communities has worker, I rise to highlight the beneficial work treatment a better chance at successful re- allowed him the opportunity to touch the lives performed every day by social workers across integration into society. Employment of school of numerous people. In honor of his gracious this country. Social work is a unique profes- social workers is expected to grow in order to service to his community, there will be a cele- sion, which combines a diverse skill set to address rising student enrollments. Outcomes- bration of his accomplishments on June 26, serve individuals, families, groups, commu- based treatment provided by social workers 2003 at St. Timothy’s Church in Gary, Indiana. nities, organizations, as well as society-at- facilitates the cost effectiveness goals of man- John Betjemann has accomplished many vi- large. aged care organizations, enabling those in pri- sionary goals throughout his career. He has Social workers help people address a wide vate practice to be heavily utilized and in- focused his work on Neuroscience and Oncol- variety of concerns, from homelessness, sub- crease access to services. The increase in ogy medical services for diagnostics and treat- stance dependence and abuse, and mental ill- employee assistance programs (EAP) has ment of cancer, brain tumors, and many other nesses to community development, employee also fueled the demand for private practi- diseases. He has also provided Northwest In- assistance programs, emergency prepared- tioners, many of whom are contracted with diana with the Midlake Campus, which helps ness, and disaster relief. They work directly small and large corporations, local, State, and in the development services for children and with individuals, couples, families, and groups Federal agencies. With the September 11 at- new paramedic training for employees. He has to identify and overcome these and other chal- tacks and its aftermath, EAP social workers also assured the identification of youth who lenges. Many social workers also aid commu- have helped survivors to deal with the uncer- are at risk of sudden cardiac trauma by pro- nities, organizations, and systems in the im- tainty and trauma of terrorism and war, and viding high school athletic screening programs provement of services and the administration continue to support employees and their fami- at no charge. Also in 1999, John established of social and health programs. As a result, so- lies. the Smoke-Free Hospital Policy to help pro- cial workers may be found in a variety of set- Earlier this year, I reintroduced H.R. 844, mote better healthcare environments for the tings, among them, private practice, health the National Center for Social Work Research patients, employees, and visitors of Methodist and mental health, education, community, Act. This act would establish a center within Hospitals. public welfare, agency administration, and pol- the National Institutes of Health to coordinate Along with the countless service organiza- icy and planning. ongoing social work research, develop new tions and programs that John has initiated, he Social workers hold almost 500,000 jobs, methods to help social workers provide effec- has also been involved in many community or- with one in three found in State, county, or tive services to the public, and promote the ganizations and projects. He has been a pow- municipal government agencies, primarily in use of social work research to improve public erful member of the Horace Mann Ambridge departments of health and human services, policy. Neighborhood Improvement Organization, mental health, social services, child welfare, which rehabilitates homes in the Northlake housing, education, and corrections. In the pri- Social work research, through the coordi- Campus area for low income, disabled fami- vate sector, social workers provide services in nated efforts of the National Center, will unde- lies, and provides resources for repair and hospitals, nursing homes, home health agen- niably advance both the delivery and quality of maintenance to these homes. He has also cies, and other health centers or clinics. An in- health care and social services in this country. been a strong leader of the Adopt-A-Park creasing number have successfully sought Fiscal responsibility and accountability de- Project, which along with IVY Tech, Gary elected offices in local, State, and Federal mand that the best practices are determined Parks Department, and Lake County Job Government, to further contribute to the wel- through, and grounded in, empirically-based Training, helps to enhance Gary City parks by fare of our country and our society. I would research. Consumers, practitioners, and pol- installing modern play equipment. like to commend our colleagues, Representa- icymakers must demand service effectiveness Along with his many other accomplishments, tives BARBARA LEE, SUSAN DAVIS, and ED and cost efficiency, facilitated by the establish- John has also received numerous community TOWNS, who are exemplary professional social ment of a National Center for Social Work Re- service and leadership awards. In 1988, John workers, and are among the almost two hun- search. Social workers, as front-line profes- was given the Community Service Award by dred publicly elected social workers serving sionals, compile information that seeks to un- the Tolle-Mann Business Association. In 1995, their communities. derstand the dynamics that lead to social he was the recipient of the Crystal Globe The Bureau of Labor Statistics reports that issues, provide empirical support for best Award, which was given by the Asian Amer- employment of social workers is expected to practice approaches to improve service deliv- ican Medical Society. The Wellness Council increase faster than the average for all occu- ery, and translate them into public policy deci- also acknowledged him in 2000 for imple- pations through 2010. The elderly population sions. With the limited resources available, menting the Health Institute. is increasing rapidly, creating greater demand policy makers must depend on these problem Mr. Speaker, John has given his time and for health and social services, resulting in par- solvers to address many complex social efforts selflessly to his employees and patients ticularly rapid job growth among gerontology issues such as poverty, welfare dependence, throughout his years of service. He has taught social workers. Social workers also will be and drug abuse. every member of his staff the true meaning of needed to help the large baby-boom ‘‘sand- The social work profession is truly multi- service to all members of the Northwest Indi- wich’’ generation deal with the resulting pres- faceted. As dedicated advocates for the rights

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

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.001 E17PT1 E1274 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2003 of children, minorities, the disabled, crime vic- RECOGNIZING PATUXENT HIGH an outstanding Ohio corporation, Spangler tims, workers, patients, women and many oth- SCHOOL Candy Company, and the 50th anniversary ers, social workers continue to lead efforts that celebration of the Spangler Dum Dum Pop. enhance human, and thereby societal, well- HON. STENY H. HOYER Considered the largest selling penny pop in being. They shape programs and policies that OF MARYLAND the Midwest, the Dum Dum Pop came to Bryan, Ohio in the spring of 1953, when strengthen individual lives and improve the so- IN THE HOUSE OF REPRESENTATIVES Spangler purchased the machinery, equipment Tuesday, June 17, 2003 ciety in which we all live. and trade name from the Akron Candy Com- Mr. HOYER. Mr. Speaker, I rise today to pany of Bellevue, Ohio. By 1956, the Dum f recognize Patuxent High School in Calvert Dum Pop was a nationally acclaimed candy. County, Maryland for its ranking among the Mr. Speaker, on June 4, 1953, Bryan cele- HONORING CORNELL SCOTT FOR Nation’s top 700 most demanding public brated the acquisition of the Dum Dum Pop HIS LIFETIME OF CONTRIBU- schools as reported by Newsweek. I would with a declared ‘‘Dum Dum Day.’’ On this spe- TIONS TO THE COMMUNITY like to commend Patuxent High School on in- cial occasion, thousands of free lollipops were corporating a curriculum that challenges and distributed to children and families gathered advances the abilities of all students who at- on the front lawn of the Spangler plant. HON. ROSA L. DeLAURO tend this public school. In August 1957, Spangler announced its The Challenge Index rated each school by OF CONNECTICUT ‘‘largest production day ever’’ of 1,545,750 analyzing the number of advanced placement Dum Dum Pops. In 1959, Spangler introduced IN THE HOUSE OF REPRESENTATIVES or International Baccalaureate tests taken by a new program, encouraging children to save students in the high school and the number their Dum Dum wrappers and send them in Tuesday, June 17, 2003 graduating from that school in a given year. with money for prizes. Today, the ‘‘save Those schools that received a rating of 1.0, Ms. DELAURO. Mr. Speaker, it is with great wraps’’ continues to function in a modified which meant that the number of students pleasure that I rise today to join the many version. graduating was less than the number of tests By 1979, Spangler was producing 2.8 mil- family, friends, and community leaders who given, were considered above average and in- lion Dum Dum Pops on a daily basis. By have gathered to pay tribute to one of New cluded in the index. Based on this ratings 1989, Dum Dums were the third largest selling Haven’s most respected community leaders scale, Patuxent High School achieved the lollipop in the country. and one of my dear friends, Cornell Scott. His ranking of 697th of schools across the Nation During the summer of 2001, a warehouse in lifetime of dedication and compassion has who met this 1.0 rating. Archbold, Ohio burned to the ground, costing made a real difference in the lives of thou- The Advanced Placement (AP) and Inter- Spangler more than 110,000 cases of Dum sands. national Baccalaureate (IB), a European Dum Pops ready for shipment. In the months based program, are courses students can take following the devastating fire, Spangler em- Chief Executive Officer of the Hill Health which have a challenging curriculum and pre- ployees worked long hours to replace the loss, Center in New Haven, Scotty has been the pare the students for their endeavors at the producing approximately 10 million Dum Dum driving force behind its success for the last collegiate level. In addition, these exams allow Pops a day. After the Archbold fire, Spangler thirty-four years. His tireless efforts have lit- the individual students to earn college credits workers proved their dedication to the industry erally changed the face of healthcare in this depending on what score they receive on the of Dum Dum Pops in their efforts to com- community and across the nation. I have had exam. pensate for the lost products. Demonstrating the privilege of working with Scotty over the In 2003 the Patuxent High School student pride and civic duty, factory workers and dis- body numbered 1775 students with a senior years and I am in awe of his endless energy. tributors proved their allegiance to Spangler class of 371. It offers fifteen AP courses as and Dum Dum Pop consumers. He is an inspiration to so many and I consider well as numerous honors courses that chal- Today, Spangler generates about 8 million myself fortunate to call him my friend. lenge their students. This year twenty-seven Dum Dum Pops each day, distributing cases Established in 1968, the Hill Health Center percent of the graduating class will attend a of lollipops world-wide. Available in a variety of is a private, non-profit community health cen- four-year college or university with forty per- packaging sizes, ranging from 7 ounces to ter—the first of its kind in the State of Con- cent attending a two-year college. In 2001, bulk cases of more than 2,000-count, con- necticut—which provides some of our most Patuxent High School was honored for receiv- sumers can purchase Dum Dums in food, vulnerable citizens with the medical, dental, ing the top average SAT scores in Calvert drug, and mass market retail stores, as well County. as on the Spangler Candy Co. website. and behavioral health services. Too often, Principal Robert F. Dredger along with the Mr. Speaker, I ask my colleagues to join me those children, families, and individuals most four Vice Principals: Nancy Highsmith, Steve in paying special tribute to Spangler Candy in need do not have access to critical King, Christian Hodge, and Robert Lawrence, Co. In producing Dum Dum Pops, the healthcare programs and services. Now oper- have established an environment that moti- Spangler Candy Co. has provided jobs and a ating in eighteen locations throughout Greater vates and challenges each and every student. positive work environment not only for the New Haven, Hill Health Center has become Without the hard work of the administration, Bryan community, but for members of commu- an irreplaceable asset to our community. staff, and students this honor could not have nities nationwide. We wish Spangler Candy Scotty’s leadership, vision, and enduring te- been obtained. Co. all the best as we acknowledge one of our nacity has been the backbone of the Hill Mr. Speaker, Patuxent High School has State’s finest companies and all of their ac- Health Center—and for that we owe him a demonstrated an outstanding commitment to complishments. its entire student body by offering numerous debt of gratitude. f courses that provoke the minds of each and In addition to his professional career, Scotty every student. I would like to congratulate Pa- HONORING MR. WALLACE E. has also played an integral role in many local tuxent High School on achieving such an EVANS service organizations—helping to shape our honor and wish the faculty, staff, and students community and improve the quality of life for continued success in the future. HON. PETER J. VISCLOSKY all New Haven residents. The Community f OF INDIANA IN THE HOUSE OF REPRESENTATIVES Foundation of Greater New Haven, the New A SPECIAL TRIBUTE TO Tuesday, June 17, 2003 Haven Housing Authority, the Connecticut As- SPANGLER DUM DUM POPS ON sociation for Human Services are just a few of OCCASION OF THE 50TH ANNI- Mr. VISCLOSKY. Mr. Speaker it is with the area agencies which have benefitted from VERSARY CELEBRATION great pride and honor that I congratulate Mr. his time and energies. Wallace E. Evans on his contribution to the HON. PAUL E. GILLMOR residents of Northwest Indiana. Wallace will be I am proud to stand today to join the many retiring on July 1, 2003 as Local 881 United OF OHIO who have gathered today to pay tribute to my Food and Commercial Workers (UFCW) Inter- IN THE HOUSE OF REPRESENTATIVES good friend, Cornell Scott, for his lifetime of in- national Union’s Executive Vice President. valuable contributions. He has left an indelible Tuesday, June 17, 2003 There will be a celebration dedicated to hon- mark on this community and a legacy that will Mr. GILLMOR. Mr. Speaker, it is with great oring his achievements on Friday, June 27 in not soon be forgotten. pride that I rise today to pay special tribute to Oak Brook, Illinois.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.003 E17PT1 June 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1275 After 13 years of working as a Frozen Linda Miller has a record of achievement re- ice Cross—the second highest award for valor Foods manager at Burger Supermarkets in flecting her passion for teaching. She has re- and heroism in action which can be bestowed. Munster, Indiana, he was hired on full-time as ceived the Teacher of the Year award pre- Today, his former company, the ‘‘Golden the Organizer and Business Representative sented to her by the American legion, as well Lions’’ of the 1st Battalion, 33rd Field Artillery for Local 1460 of the Retail Clerks Union of as being identified as an Outstanding Teacher again pay tribute to Lieutenant Ferris’ memory Lake County. In 1980, Wallace became the by the Rotary Club. Linda Miller’s immense and selfless sacrifice with the dedication of President of Local 1460, and the first contract dedication to her students speaks for itself as their headquarters in his honor. he negotiated as President increased the Roosevelt High School presented her with the It is my honor and privilege to rise today to membership wage by $2.10 over the three- Humanitarian award for identifying students join the 33rd Field Artillery, Governor John year contract. During his tenure, he dedicated with special needs and pairing them with the Rowland of Connecticut, and all of those who himself to improving the working and financial mainstream students, in a buddy system. Ac- have gathered to recognize Lieutenant Geof- conditions of the membership. After his time cording to one fellow teacher, she surprised frey Cheney Ferris—one of Connecticut’s served as President, he became the Sec- many of her colleagues who did not even real- sons—for his unparalleled courage and distin- retary-Treasurer of Local 1550 of UFCW, from ize that special needs students even attended. guished service in the United States Army. I 1986–1989. Time Warner Cable seeks ways to support am proud to present this statement and a flag After the merger of Local 1550 and Local the educators and institutions that help shape which has been flown over the United States 881 of UFCW in 1989, Wallace served as a our Nation. By enabling the power of cable Capitol to be displayed at the Battalion Head- Collective Bargaining Negotiator until he was television’s 21st century technology and high- quarters. Lieutenant Ferris is a true American named Director of Collective Bargaining in quality programming to unite teachers, stu- hero whose story and legacy of heroism is 1994. In 1996, he was named Executive Vice dents and parents, both in the classroom and sure to inspire generations to come. President and Director of Collective Bar- for the benefit of the community, Time Warner f gaining. strives to enhance the level of education in the Not only has Wallace had many positive ac- classroom. It is, however, remarkable teachers THOMAS STONE HIGH SCHOOL, A complishments in his career with the union, he such as Linda Miller who make this possible. TOP AMERICAN HIGH SCHOOL has also actively contributed to his community Mr. Speaker, it is my distinguished pleasure through many service organizations. He has to honor Linda Miller because I recognize that HON. STENY H. HOYER served as the Union Trustee for the UFCW it is the perseverance and dedication of teach- OF MARYLAND Union and Employers Calumet Region Insur- ers like her that will lead our youth to a bright- IN THE HOUSE OF REPRESENTATIVES ance Fund since 1974, as well as holding the er future. Tuesday, June 17, 2003 office of Democratic Precinct Committeeman f in Highland, Indiana. He has also been a com- Mr. HOYER. Mr. Speaker, I rise today to munity leader through his role as Vice Presi- HONORING LIEUTENANT GEOF- recognize Thomas Stone High School in dent of the Northwest Indiana Federation of FREY CHENEY FERRIS AS HE IS Charles County Maryland, for its ranking Labor AFL–CIO (Retail Wholesale Sector). Al- REMEMBERED FOR HIS OUT- among the nation’s top 700 most demanding though Wallace has dedicated his life to his STANDING MILITARY SERVICE public schools as reported in Newsweek. I career and his community, he has never ne- would like to commend Thomas Stone High glected to provide support and love for his HON. ROSA L. DeLAURO School on incorporating a curriculum that chal- family. Wallace and his wife, Sheila, have OF CONNECTICUT lenges and advances the abilities of all stu- been married for 36 years, and have two IN THE HOUSE OF REPRESENTATIVES dents who attend this public school. The 2003 Challenge Index rated each sons, Steven and Jason. Tuesday, June 17, 2003 Mr. Speaker, Wallace Evans has been an school by analyzing the number of advanced active force in his union, as well as a positive Ms. DELAURO. Mr. Speaker, today at the placement or International Baccalaureate tests leader for the Northwest Indiana community. I Headquarters of the 1st Battalion, 33rd Field taken by students in the high school and the respectfully ask that you and my other distin- Artillery of the United States Army in Bam- number of graduating seniors from that school guished colleagues join me in congratulating berg, Germany many have gathered to pay in a given year. Those schools who received him on his well-deserved retirement. His serv- tribute to a true hero and a New Haven, Con- a rating of 1.0, which meant that the number ice to his career and devotion to Indiana’s necticut native, Lieutenant Geoffrey Cheney of students graduating was less than the num- First Congressional District deserves the high- Ferris. Today, the actions of Lieutenant Ferris ber of tests given, were considered above av- est commendation, and I am proud to rep- will be memorialized with the dedication of the erage and included in the index. Based on this resent him in Congress. Headquarters in his honor. I am proud to ratings scale, Thomas Stone High School stand today to join the members of the 33rd achieved the ranking of 364th in schools f Field Artillery Regiment in paying tribute to across the nation who met this 1.0 rating. IN HONOR OF EXCELLENCE IN Lieutenant Ferris, who made the ultimate sac- The Advanced Placement (AP) and Inter- TEACHING, LINDA MILLER— rifice in defending our nation during World War national Baccalaureate (IB), a European TEACHER II. based program, are courses students can take On the morning of May 6, 1943, Lieutenant which have a more challenging curriculum and HON. CIRO D. RODRIGUEZ Ferris, an artillery observer, reported to Com- prepare the students for their endeavors at the OF TEXAS pany E, 26th Infantry during an assault of a collegiate level. In addition to this, these IN THE HOUSE OF REPRESENTATIVES strongly held enemy position in Dj El Deba, exams also allow the individual students to Tunisia. As an artillery observer, Lieutenant earn college credit depending on the score Tuesday, June 17, 2003 Ferris’ duties included securing observation they receive on the exam. Mr. RODRIGUEZ. Mr. Speaker, I rise to pay posts from which artillery strikes on the enemy Thomas Stone High School includes 1916 tribute to Linda Miller, an inspirational and lov- could be called. In the breaking light of the students with 392 of those graduating this ing teacher in San Antonio, TX at Theodore morning, Lieutenant Ferris determined it im- year. Out of those 392 students graduating, Roosevelt High School. Today Linda Miller, possible for a suitable observation post to be the school expects 72 percent to attend a col- who dedicates her life to the success and edu- secured in the area occupied by Company E, lege or university. To aid students in con- cation of her students, is honored with Time and—as described by his commanding officer tinuing their education the school estimates Warner Cable’s National Teachers Awards Di- and others—with extreme disregard for his that nearly 4.2 million dollars has been spent vision Crystal Apple Award. own safety advanced alone in front of Com- on scholarships. Students are allowed to par- Each year Time Warner Cable honors 20 pany E to establish an observation post. De- ticipate in nineteen Advanced Placement classroom projects, and the teachers who de- termined and unyielding, Lieutenant Ferris ad- courses, as well as scholar’s courses and the velop them, with the Crystal Apple Award. vanced over an area of several hundred yards JROTC. Thomas Stone High School has a This award recognizes outstanding teachers beyond the closest of infantrymen and was student who sits on the State Board of Edu- who create learning experiences using cable just short of an excellent observation post cation as well as the County Board of Edu- technology. Ms. Miller’s project embraced Jap- when he was mortally wounded by enemy fire. cation. The school has Board Certified teach- anese animation’s historical and cultural herit- Lieutenant Ferris’ heroic attempt to advance ers and the Principal, Mr. Heath Morrison, was age as well as technology’s impact on its pop- his fellow soldiers was recognized by our na- named the Maryland Association of Student ularity. tion with the award of the Distinguished Serv- Council’s Principal of the Year. It is easy to

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.007 E17PT1 E1276 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2003 see how such remarkable students can thrive Mr. Speaker, I would ask my colleagues to Mr. Speaker, at this time I ask that you and at Thomas Stone High School. stand and join me in paying special tribute to my other distinguished colleagues join me in The faculty and staff, along with the stu- Alisa L. Fellhauer. Our service academies congratulating Mr. John Wingate Griffin on his dents, are responsible for this honor. Principal offer the finest education and military training retirement as he concludes a successful Fed- Heath Morrison as well as the five Vice Prin- available anywhere in the world. I am sure eral career. We thank him again for a job well cipals: Janice Johnson, Ellen Linton, Curry that Alisa will do very well during her career at done, and for his many contributions to the Werkheiser, Wendell Martin, and Frazier Nel- Air Force and I wish her the very best in all Corps, the Army, and the Nation. son all helped to encourage the students to of her future endeavors. f strive for and achieve their goals. f Mr. Speaker, Thomas Stone High School IN MEMORIAM OF MALDEF has demonstrated an outstanding commitment HONORING MR. JOHN WINGATE FOUNDER PETE TIJERINA to its entire student body by offering numerous GRIFFIN courses that provoke the minds of each and HON. CIRO D. RODRIGUEZ every student. I would like to congratulate HON. PETER J. VISCLOSKY OF TEXAS Thomas Stone High School on achieving such OF INDIANA IN THE HOUSE OF REPRESENTATIVES an honor and wish the faculty, staff, and stu- IN THE HOUSE OF REPRESENTATIVES Tuesday, June 17, 2003 dents continued success in the future. Tuesday, June 17, 2003 Mr. RODRIGUEZ. Mr. Speaker, 35 years f Mr. VISCLOSKY. Mr. Speaker, it is with ago Pete Tijerina, a bold and idealistic lawyer IN SPECIAL RECOGNITION OF great pride that I congratulate Mr. John from, Laredo, Texas, started down a path that ALISA L. FELLHAUER ON HER Wingate Griffin on his retirement from the Fed- eventually led millions of Hispanics in this APPOINTMENT TO ATTEND THE eral Government after 32 years of dedicated country towards access to educational and UNITED STATES AIR FORCE service to this great country. His career exem- democratic opportunities and recognition in the ACADEMY plifies selfless public service at its best and is eyes of the law. Today, it is with great sad- a model for existing and future Federal em- ness and a profound sense of gratitude that I HON. PAUL E. GILLMOR ployees. He retired at the end of May 2003. rise to recognize the life of Pete Tijerina, who OF OHIO A fifth generation native Californian, Mr. died on May 14, 2003. His legacy is our fu- IN THE HOUSE OF REPRESENTATIVES Griffin was born on December 2, 1946. After ture. graduating from high school in Ojai, California, As a graduate of St. Mary’s Law School in Tuesday, June 17, 2003 he later continued his studies at Ventura Col- San Antonio, Texas, Mr. Tijerina dedicated his Mr. GILLMOR. Mr. Speaker, I rise today to lege earning an Associate Degree in econom- career to fighting discrimination. His first ef- pay special tribute to an outstanding young ics. He received his bachelor’s degree of Inter- forts came as the State Civil Rights Chairman woman from Ohio’s Fifth Congressional Dis- national Relations and Economics in June for San Antonio’s LULAC Council, an organi- trict. I am happy to announce that Alisa L. 1973 from California State University. zation he joined in 1946. While with the orga- Fellhauer of Port Clinton, OH, has been of- Mr. Griffin served his country honorably in nization, he sought political solutions at the fered an appointment to attend the United the military for over 3 years with the United local level through interaction with school States Air Force Academy. States Army. He continued his Federal career boards, city councils, and police departments. Mr. Speaker, Alisa’s offer of appointment for an additional 28 plus years as an econo- Hungry for change, Mr Tijerina grew frustrated poises her to attend the United States Air mist with the United States Army Corps of En- with the pace and progress of his efforts. He Force Academy with the incoming cadet class gineers in Sacramento and San Francisco, continued, however, to work diligently through of 2007. Attending one of our Nation’s military California. When he retired from the Corps, he the channels available to him until he could academies is an invaluable experience that of- was serving as Chief of Civil Works Program take no more. fers a world-class education and demands the Development for the South Pacific Division In 1966, Mr. Tijerina took a bold step. At the very best that these young men and women where he had been employed since Sep- time, he was representing an injured woman have to offer. Truly, it is one of the most chal- tember 1986. In addition to leading a staff of who lost half of her leg in an accident in lenging and rewarding undertakings of their economists and program analysts, Mr. Griffin Jourdanton, Texas. Mr. Tijerina prepared his lives. presided over the largest Corps’ Civil Works client and his case for trial. As trial drew near, Alisa brings a special mix of leadership, General Investigations program covering all or it became clear that the court would not service, and dedication to the incoming class part of ten of the Nation’s largest States and empanel a single Hispanic juror. He brought of Air Force Academy cadets. While attending was a special advisor to the Division Com- the matter to the attention of the local judge Port Clinton High School, Port Clinton, OH, mander. He provided regional oversight to four and was promised a more diverse jury pool. Alisa has attained a grade point average of district program development activities located When the trial reconvened at the end of that 3.88, which places her thirteenth in her class in Sacramento, San Francisco and Los Ange- summer, the court produced two Hispanic ju- of one hundred sixty one students. During her les, California and Albuquerque, New Mexico. rors: one had been dead for 10 years and the time at Port Clinton High School, Alisa has re- His knowledge of the General Investigations other spoke no Spanish. ceived several commendations for her supe- program, coupled with his analytical capabili- This experience led Mr. Tijerina on a cru- rior scholastic efforts. During her first year, ties, placed him in a class by himself as a pro- sade to end juror discrimination and secure she received the Kiwanis Scholar Athlete gram expert. He maintained a personable atti- the equal protection of the law for the Hispanic Award. Her second year was marked by her tude that contributed to overcoming numerous community. Armed with determination and being again awarded the Kiwanis Scholar Ath- challenges and made even the most difficult faith in the American judicial system, Mr. lete Award as well as being inducted into the tasks doable. As he is fond of saying, ‘‘one Tijerina placed his own financial well being on National Honor Society. Alisa went on in her can disagree without being disagreeable.’’ His the line and attempted to secure funds to pro- senior year to maintain her role in the National advice was always on the mark. tect the rights of Hispanics in the South- Honor Society as well being selected for par- Mr. Griffin will retire to his hometown of Au- western United States. ticipation in a highly selective biology program. burn, California where he and his beloved After sending a young colleague to an Outside the classroom, Alisa has distin- wife, Daniela, had been active in their commu- NAACP convention to learn more about cur- guished herself as an excellent student-athlete nity for well over 30 years. Individually or to- rent legal tactics used to combat discrimina- and dedicated citizen of Port Clinton. On the gether, they touched the lives of many in the tion, Mr. Tijerina decided that what the His- fields of friendly strife, Alisa has participated in community by serving on the planning com- panic community needed was its own lawyers Varsity Cross County, Varsity Basketball, and mission, teaching in the public schools, con- fighting its own cases. Because the commu- Varsity Softball. She is a three time Cross tributing to fine dining experiences in Auburn nity varied so much, nationwide, he believed Country letter recipient and served as the through operation of their elegant restaurant, that recruiting young Hispanics, who under- Team Captain her senior year. In addition to enjoying ballroom dancing, or helping others stood the unique challenges present in their her athletic accomplishments, Alisa is an ac- with expert mechanical advice on automobiles. neighborhoods, into the legal profession was tive member in her community participating in They were the perfect couple and we express crucial to ending discrimination once and for Key Club, Future Professionals in Medicine, our deepest sorrow at Mr. Griffin’s loss of all. Mr. Tijerina worked closely with the National Honor Society, Relay for Life, and the Daniela earlier this year. We wish him a NAACP to develop a strategy and find finan- Buckeye Girl’s State. healthy, happy, and well-deserved retirement. cial support.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.010 E17PT1 June 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1277 His efforts produced the seeds of what COMMEMORATING 80 YEARS OF scenic location to share their stories, to heal would become the Mexican American Legal AVIATION SERVICE AT SHEP- old wounds, and to enjoy the company of oth- Defense and Educational Fund (MALDEF), the HERD AIRFIELD ers who knew what it meant to be a soldier. first national Hispanic legal advocacy program, As part of this commemorative event, The which Mr. Tijerina founded in 1968. Over the HON. SHELLEY MOORE CAPITO Moving Wall, a tribute to the more than 58,000 past 35 years, MALDEF has grown and to this OF WEST VIRGINIA Americans that gave their lives during the war, was on display. day leads us on the path towards legal equal- IN THE HOUSE OF REPRESENTATIVES ity for Hispanics in areas like education, em- Mr. Speaker, I commend the Vietnam Vet- ployment, and political access. Tuesday, June 17, 2003 erans Gathering for the great service they Mr. Speaker, it is because of pioneers like Mrs. CAPITO. Mr. Speaker, I rise today to have given to our Nation. I recognize the sac- Mr. Tijerina and his vision for a brighter future commemorate 80 years of aviation service at rifices that they have made. These men are for all Hispanics that many of us have had the Shepherd Airfield in Martinsburg, WV by the truly great Americans, and I am proud to call opportunity we enjoy. He helped clear the way Berkeley County Airport Authority and the Ex- them my constituents. for generations of Hispanics, so that they perimental Aircraft Association, Chapter 1071. f would not feel the burden of oppression or On June 17, 1923, Captain St. Clair Streett, PERSONAL EXPLANATION fear to speak out against injustice. He sought accompanied by flight mechanic Sergeant Roy change through our judicial system, using our Hooe, landed their U.S. Army D.H. 4 at Shep- courts as agents of justice. herd Field in Martinsburg, WV. This event was HON. ELTON GALLEGLY It is with our heads bowed and grief in our the result of many years of dedicated effort by OF CALIFORNIA hearts that we say thank you to this pioneer. aviation enthusiasts in Berkeley County to IN THE HOUSE OF REPRESENTATIVES We can only hope to continue along the path bring Shepherd Field into the mainstream of Tuesday, June 17, 2003 he began. modern aviation. This historic landing 80 years Mr. GALLEGLY. Mr. Speaker, on June 12, f ago today spurred many important develop- 2003, I was unable to vote on the Motion to ments at Shepherd Field, including the estab- PERSONAL EXPLANATION Instruct Conferees on the Tax Relief, Sim- lishment of the 167th Air National Guard Unit plification, and Equity Act (H.R. 1308). Had I ´ and the Eastern West Virginia Regional Air- been present, I would have voted ‘‘nay’’ (roll- HON. RUBEN HINOJOSA port. With a major expansion planned for the call 275). OF TEXAS 167th and the construction of a new commer- f IN THE HOUSE OF REPRESENTATIVES cial terminal at the Regional Airport, the airport in Berkeley County will continue its role in pro- RECOGNIZING THE ACHIEVEMENTS Tuesday, June 17, 2003 tecting our national security while also improv- OF STANTON COLLEGE PRE- Mr. HINOJOSA. Mr. Speaker, I regret that I ing economic opportunity for all of West Vir- PARATORY SCHOOL IN JACKSON- was unavoidably detained. Had I been ginia. VILLE, FL present, I would have voted ‘‘yes’’ on rollcall In honor of 80 years of aviation service at Nos. 276, 277, and 278. Shepherd Airfield, I ask my friends in West HON. ANDER CRENSHAW f Virginia and my colleagues here in Congress OF FLORIDA to join me in recognizing June 17, 2003 as a IN THE HOUSE OF REPRESENTATIVES FLIGHT 100—CENTURY OF AVIA- day to celebrate the history of aviation in the Tuesday, June 17, 2003 TION REAUTHORIZATION ACT OF eastern panhandle of West Virginia. Thank 2003 you. Mr. CRENSHAW. Mr. Speaker, I would like f to take this opportunity to recognize the school SPEECH OF administrators, teachers, and students at Stan- HON. JOSEPH R. PITTS PERSONAL EXPLANATION ton College Preparatory School in Jackson- OF PENNSYLVANIA ville, FL, for their outstanding achievement in providing, guiding, and demonstrating a quality IN THE HOUSE OF REPRESENTATIVES HON. HOWARD COBLE OF NORTH CAROLINA education. Wednesday, June 11, 2003 IN THE HOUSE OF REPRESENTATIVES Stanton College Preparatory School was re- The House in Committee of the Whole cently highlighted by Newsweek magazine House on the State of the Union had under Tuesday, June 17, 2003 (The Best 100 High Schools in America, May consideration the bill (H.R. 2115) to amend Mr. COBLE. Mr. Speaker, on Monday, June 26, 2003), as the second best school in the title 49, United States Code, to reauthorize 16, 2003, I missed rollcall votes 276–278. Had nation, as measured by the Challenge Index. programs for the Federal Aviation Adminis- I been present on this date, I would have This index takes the number of Advanced tration, and for other purposes, voted ‘‘aye’’ on all rollcall Nos. 276, 277, 278. Placement or International Baccalaureate tests Mr. PITTS. Mr. Chairman, it is important that On this date, my flight coming back to Wash- taken by all of the students at a school in in determining the EAS eligibility for a small ington, DC, was canceled due to inclement 2002 and divides them by the number of grad- airport the Secretary define a consistent weather and I was not able to get back to uating seniors. standard for identifying the commonly used town in time for these votes. The editors of Newsweek said they used route. f participation in the Advanced Placement or It is my hope that the Secretary would use International Baccalaureate tests as bench- the most reliable mapping capability to deter- HONORING THE VIETNAM marks because ‘‘these tests are more likely to mine this route, such as the Rand McNally VETERANS GATHERING stretch young minds—which should be the mapping system. fundamental purpose of education.’’ Further, to ensure that small airports receive HON. GINNY BROWN-WAITE Stanton College Preparatory School is clear- a fair shake in the EAS eligibility process, my OF FLORIDA ly providing the curricula, support, and leader- amendment requires that the Secretary con- IN THE HOUSE OF REPRESENTATIVES ship in learning that is so very important to our sult with the Governor of the State or the Gov- young people. ernor’s designee. Tuesday, June 17, 2003 Mr. Speaker, I ask you and my other distin- In appointing a designee if the Governor so Mrs. GINNY BROWN-WAITE of Florida. Mr. guished colleagues to join me in applauding chooses, the Governor should consider desig- Speaker, I rise today to honor the Vietnam Stanton College Preparatory School and all of nating a metropolitan planning organization Veterans Gathering. They have developed rich those schools that strive to prepare their stu- (MPO) to submit a plan for the most com- friendships and camaraderie between them- dents for higher education and thusly, a higher monly used route. An MPO knows the routes selves that years and distance cannot weak- quality of life. Moreover, I would like to com- that people take from one point to another in en. mend the school administrators, superintend- a particular region. On Saturday, June 14, I was honored to at- ents, teachers, and all of the students who My amendment was drafted to ensure that, tend the 6th Annual Vietnam Veterans Gath- have committed themselves to a quality edu- while the Secretary of Transportation has dis- ering at South Levy Recreation Park. This cation. As John F. Kennedy once stated, lead- cretion, the local community should not be park has a rich history. After fighting in the ership and learning are indispensable to each shut out of the process. jungles of Vietnam, veterans gathered at this other.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.013 E17PT1 E1278 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2003 It is my privilege to recognize Stanton Col- INTRODUCTION OF PUERTO RICO Fund, the U.S. Department of Agriculture will lege Preparatory School for its outstanding KARST CONSERVATION ACT OF distribute grants to the Commonwealth of achievements. 2003 Puerto Rico, conservation organizations and others for the purpose of acquiring and man- f HON. ANI´BAL ACEVEDO-VILA´ aging lands for conservation in the Karst Re- OF PUERTO RICO gion. Acquired lands, purchased only from will- TRIBUTE TO RUTH GALANTER IN THE HOUSE OF REPRESENTATIVES ing sellers, may only be managed for con- Tuesday, June 17, 2003 servation, and the bill includes provisions that will protect those lands from development. Re- ´ HON. HOWARD L. BERMAN Mr. ACEVEDO-VILA. Mr. Speaker, today, I sources in the Karst Fund are derived from introduced the Puerto Rico Karst Conservation the existing programs of the Land and Water OF CALIFORNIA Act of 2003. This bipartisan legislation is a Conservation Fund and the Forest Legacy common sense legislative approach that will IN THE HOUSE OF REPRESENTATIVES Program, from receipts generated from the protect a vital ecosystem in Puerto Rico, the Caribbean National Forest and GSA sale of Tuesday, June 17, 2003 Karst Region. The region is comprised of a property in Puerto Rico, from donations, direct unique geological and hydrological system of appropriations, and from interest derived in the Mr. BERMAN. Mr. Speaker, I rise to pay limestone caves, sinkholes and underground Fund. While the U.S. Forest Service is author- tribute to my dear friend, Ruth Galanter, on rivers, collectively known as karst, and is ized to acquire lands, authority that in fact ex- the occasion of her retirement from the Los widely valued to the livelihood of Puerto Rico. ists in current law, the agency focus will be on Angeles City Council. Ruth is an amazing, The Karst Region of Puerto Rico, located technical assistance and management guid- passionate and intelligent person who has ac- along the North and Northwest coasts of the ance rather than actual land acquisition. complished so much in her political career Island, has many outstanding features. This It is my belief that this bill is the most appro- region is home to the largest remaining trop- without ever compromising her impeccable in- priate manner of approaching the conservation ical rainforests in Puerto Rico, and has a needs of the Karst. The Federal Government tegrity or diminishing her idealism. I have had greater density of tree species than anywhere the pleasure of working with her since the can bring important resources and experience else on the Island. These forests provide habi- to the table, yet the land will be primarily ac- 1970’s when she was a prominent environ- tat to a wide array of plants and animals, too quired and managed by local entities, who are mental activist and later as a member of the many of which are endangered or threatened. best able to relate to, understand, and advo- California Coastal Commission. I not only re- In fact, the Karst Region has been identified cate for the conservation of the lands of the spect her professionally, but I value her friend- as a secondary habitat for the restoration of Karst Region. ship and advice. the Puerto Rican parrot, a bird that is among I am proud and honored by the support that the ten most endangered birds in the world, Elected in 1987 to the Los Angeles Sixth this bill has gained from my colleagues. Con- and the existence of which has plummeted to City Council District, Ruth has spent the last gressman JIMMY DUNCAN of Tennessee has only 24 birds in the wild. joined me, along with six of my distinguished 15 years shaping and improving the city of In addition to the extraordinary flora and Democratic colleagues, to introduce this bill in Los Angeles. Ruth was President Pro Tem for fauna of the Karst Region, the water and wa- the House, and I greatly appreciate their sup- 4 years and became president of the council tersheds are the most unique feature of the port. In addition, Senator TOM HARKIN and in 2001. She is admired and well-respected by Karst Region. While rivers and streams are Senator RICHARD LUGAR, recognizing the vital her friends, colleagues and associates. In ad- widespread throughout Puerto Rico, the vast importance of protecting the Karst Region, dition to her legendary success in solving con- majority of the water in the Karst Region flows have introduced companion legislation in Sen- stituent problems and her well-known legisla- underground. Where this water flows out of ate. Their support is essential to the eventual tive prowess, Ruth has made a name for her- the ground, from springs and along the coast, success of this bill, and I appreciate their lead- self protecting the environment. She spear- it provides fresh water to nearly one-quarter of ership on this issue. the Puerto Rico population. In addition, spe- headed the city’s recycling program, authored Protecting the Karst Region of Puerto Rico cific manufacturing and industrial sectors, such the city’s major water conservation programs is a large and important task. However, this as the pharmaceutical industry, rely on the legislation that I have introduced today will en- and led the effort to fluoridate the city’s water Karst Region’s supply of clean water for their able resources to be brought to the protection supply. She also directed the city’s conserva- business. Without a doubt, the Karst Region and conservation of the lands and water of the tion efforts to ensure an adequate safe water sustains a large percentage of wildlife, human Karst Region. As many regions in the United supply for the next century. life, and the economy of Puerto Rico. States are now suffering due to a lack of Early in her tenure, Ruth created a network Yet Puerto Rico has among the highest water resources, affording this protection to population densities of any jurisdiction in the of Community Planning Advisory Committees the Karst Region will help ensure water quality United States. Large, undeveloped tracts of which assisted her in significant land use deci- and availability into the future. The cooperative land are becoming increasingly less common nature of this conservation effort will, in my sions throughout the city. Also, as chair of the on the Island. However, the Karst Region has Council’s Committee on Commerce, Energy mind, enable it to succeed, and through this remained rural in nature, and has not been unique partnership, the magnificent and and Natural Resources, she worked to nego- beset by the development and growth of the tiate the challenges posed by electricity de- unique Karst Region will be preserved for this, rest of Puerto Rico. The hills and unique geol- and future generations of Puerto Rico. regulation and the current energy crisis facing ogy of the Karst Region have forestalled simi- the State. And, as the city council’s expert on lar population growth. Unfortunately, threats to f aviation and airport issues, Ruth’s futurist vi- the Karst Region are growing. Continued pop- COMMENDING MEDGAR WILEY sion has improved the quality of life for all who ulation growth will create increasing pressure EVERS AND MYRLIE EVERS-WIL- live in southern California. She knows that the on the conservation of this important region. LIAMS FOR THEIR LIVES AND decisions made today regarding airport capac- Development of roads, resorts and other infra- ACCOMPLISHMENTS ity and other transportation services directly structure in the region would fragment wildlife habitat, reduce water quality, and would re- SPEECH OF impact our quality of life today and in the fu- duce the preserved nature of the Karst Region ture. HON. STEPHANIE TUBBS JONES for the rest of time. OF OHIO Born in New York City, Ruth received a But the Puerto Rico Karst Conservation Act IN THE HOUSE OF REPRESENTATIVES bachelor of arts degree from the University of will help conserve the lands and waters of the Monday, June 16, 2003 Michigan and a Masters Degree in Urban Karst Region, and stave off the threats of de- Planning from Yale. Los Angeles has been velopment. This bill, I believe, is an ideal piece Mrs. JONES of Ohio. Mr. Speaker, I rise blessed to have her at the helm, and I am of preservation policy. It places the responsi- today to honor Medgar Wiley Evers and Myrlie Evers-Williams. These two great Americans proud to call her my friend. bility of conservation and management not with any single entity, but requires that lands fought tirelessly for equality and justice. It is Mr. Speaker, I invite my colleagues to join in the Karst Region be acquired and managed because of efforts such as theirs that I can me in thanking Ruth Galanter for all she has in a cooperative fashion. stand before you today as the first African- done and wishing her continued success in all Using funds collected in a fund established American woman to serve in Congress from her future endeavors. on the books of the U.S. Treasury, the Karst the State of Ohio.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.020 E17PT1 June 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1279 They knew the importance of voting and A TRIBUTE TO JEANETTE ‘‘JAY’’ Davis. We lost a man who helped fix the worked to mobilize African-Americans so that BLACKSHAW course of the House Ways and Means Demo- they would have the opportunity to exercise crats. We lost a man of ideas and a man of this right that so many had fought for. They or- HON. ADAM B. SCHIFF data, a combination that is too uncommon. Al ganized civil rights rallies and boycotts of local OF CALIFORNIA was a man of endless information, which the businesses and schools to advocate for the IN THE HOUSE OF REPRESENTATIVES Committee Democrats used to tack and jibe underserved and under represented in this Tuesday, June 17, 2003 through the political storms that erupt so often country. in the Ways and Means Committee. Though murdered in 1963, Medgar Evers’ Mr. SCHIFF. I rise today to honor a truly Al Davis passed away after 56 years of life. legacy lives on through his children and his outstanding member of the 29th Congres- I didn’t know him well outside of his briefings, widow, Myrlie Evers-Williams, who went on to sional District, Mrs. Jeanette ‘‘Jay’’ Blackshaw. his memos, and his witty analysis but I don’t establish the Women’s Political Caucus and For 22 years, Mrs. Blackshaw has dedicated think that anyone had to be particularly close become the first woman chair of the NAACP herself to serving the people of the City of to Al to know how much he cared for those Pasadena. Board of Directors. who have the least among us. I now know that Originally from Chicago, IL, Jay moved to It is because of these reasons that I am so Pasadena, CA in 1968. She and her husband, he loved to go sailing. honored to stand here today in support of this Members of Congress are often generalists. Bill Blackshaw, have seven children, Julie, resolution commending Medger Wiley Evers & Mary Grace, John, Gina, Annie, Peter, Amy, Our knowledge is usually a mile wide but only Myrlie Evers-Williams. It is on their shoulders and nine grandchildren. an inch deep. I frequently could not fathom the that I stand. In 1981, Jay began her service to the City amount of memory and facts that Al retained. f of Pasadena as the District 4 Field Represent- When it came to taxes and our economy, Al Davis increased the depth of my under- PERSONAL EXPLANATION ative for Pasadena Mayor Jess Houston. After Mayor Houston’s term ended, she continued standing about the issues and how changing as field representative for his successor, public policies would affect working class HON. KEVIN BRADY Mayor Bill Paparian. Jay currently works for Americans. OF TEXAS City Councilmember Steve Haderlein. During Things move fast in the House and in the IN THE HOUSE OF REPRESENTATIVES Jay’s tenure with the City of Pasadena, she Committee on Ways and Means. Members Tuesday, June 17, 2003 has assisted in the construction of bike paths often find themselves confronted with complex and multifarious issues, which can be quite Mr. BRADY of Texas. Mr. Speaker, I regret throughout Pasadena, the renovation of the Pasadena Senior Center, and the construction challenging. Al was just the type of person that I missed rollcall vote Nos. 276, 277 and that our committee needed. He liked to linger 278 on the evening of June 16, 2003. I was of Pasadena’s U.S. Marine Reserve Center. Jay’s passion for community volunteerism, down in his ‘‘engine room’’ to make certain traveling in between my District (TX–08) and especially on behalf of children and education, that the ship and its crew had all it required. Washington. My flight was delayed almost 2 is evident in the many organizations she has Al was a harbor in a tempest. I could go to Al, hours, causing me to miss the aforementioned been involved in over the years. As a young and he could, within a few sentences, quickly votes. mother, she was active in Pasadena’s public and easily break down a complex issue for Had I been present, I would have voted schools, participating in several Parent Teach- me. ‘‘yes’’ on all three bills: H.R. 2254, to des- er Associations, including serving as PTA Some say that statistics lie and liars use ignate the facility of the United States Postal Council President. Currently, Jay is a board statistics. Al would say that it doesn’t have to Service located at 1101 Colorado Street in member of the Pasadena Educational Founda- be that way. Whether it came from the Bush Boulder City, Nevada, as the ‘‘Bruce tion and Pasadena City College’s Community Administration, or elsewhere, Al was not a fan Woodbury Post Office Building’’, H. Con. Res. Board. of distorting data for political gain. 220, commending Medgar Wiley Evers and his Some of the other organizations Mrs. Recently during President Bush’s campaign widow, Myrlie Evers-Williams, for their lives Blackshaw participates in are the Pasadena to sell another tax cut, the President said that and accomplishments, and S. 703, to des- Sister Cities Committee, the Sierra Madre Villa his plan would on average cut everyone’s ignate the regional headquarters building for Neighborhood Association, the Young Wom- yearly taxes by $1,083. As soon as President the National Park Service under construction en’s Christian Association (YWCA), and the Bush said that, Al quickly rattled off a memo in Omaha, Nebraska, as the ‘‘Carl T. Curtis Huntington Hospital Community Board. Mrs. to me correcting the misleading data that was National Park Service Midwest Regional Blackshaw is also active in her church, All being used by the President. In the memo, Al Headquarters Building’’. Saints Episcopal Church, as well as in various said that when Bush refers to the ‘‘average’’ f political organizations. In 1995, she was hon- tax cut in his proposal, it ‘‘is like saying that PERSONAL EXPLANATION ored as a YWCA Woman of Excellence for her every farmer in the nineteenth century got the steadfast commitment to eradicating racism average of a mule, if a few farmers were given HON. ROBERT MENENDEZ and improving the lives of the women and chil- a team of draft horses and most farmers got dren of Pasadena. a small dog, instead.’’ OF NEW JERSEY Jay will be retiring from her position as Field I will miss Al Davis. I will miss his talent, his IN THE HOUSE OF REPRESENTATIVES Representative to Councilmember Haderlein in wisdom, and his humor. But I think that most Tuesday, June 17, 2003 June of 2003. Although she will be greatly of all, I will miss the trust that Al invested in missed by her colleagues at the City of Pasa- Mr. MENENDEZ. Mr. Speaker, I regret that Ways and Means Democrats. Al trusted that dena, she will continue to be active in the a family matter yesterday forced me to miss we would use our best effort to honestly em- community. ploy the information he gave us to improve the rollcall votes 276, 277, and 278. Had I been I ask all Members of Congress to join me well-being of the average American. We’ll sail present, I would have voted ‘‘yea’’ on rollcall today in honoring a remarkable woman of on without Al. But I feel that, at least for a votes 276–278. California’s 29th Congressional District, Jea- while, our ship is heading into the wind, and f nette ‘‘Jay’’ Blackshaw. The entire community against the tide, because we are without our joins me in thanking Jay Blackshaw for her PERSONAL EXPLANATION navigator. continued efforts to make the 29th Congres- f HON. SOLOMON P. ORTIZ sional District a better place in which to live. f HONORING THE SACRIFICE OF OF TEXAS JORDAN FERRELL IN THE HOUSE OF REPRESENTATIVES A TRIBUTE TO AL DAVIS Tuesday, June 17, 2003 SPEECH OF HON. SCOTT McINNIS Mr. ORTIZ. Mr. Speaker, due to unforeseen OF COLORADO weather conditions, my flight back to Wash- HON. JIM McDERMOTT OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES ington, DC, was unavoidably delayed and I IN THE HOUSE OF REPRESENTATIVES was therefore not able to make it in time for Tuesday, June 17, 2003 rollcall votes. Had I been present I would have Tuesday, June 10, 2003 Mr. MCINNIS. Mr. Speaker, as the battle for voted: No: 276—‘‘yes’’; No. 277—‘‘yes’’; and Mr. MCDERMOTT. Mr. Speaker, this body freedom rages across the globe, the United No. 278—‘‘yes.’’ lost someone very important when we lost Al States has stepped forward to defend the

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.025 E17PT1 E1280 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2003 world against tyranny and aggression. This in- teach teachers at seminars and conferences tally paid for. Even President Bush realizes cludes sending forth brave men and women to on techniques and skills to increase student how unfair this situation is, and has called on protect the sovereignty that we hold dear. One interest and performance in literature. the House to pass a clean bill and let him sign of these brave souls has been wounded in Mrs. Bellinger’s excellence in teaching both it. battle, and his courageous actions and deter- challenges and inspires students to move be- Not surprisingly, though, the House Leader- mination deserve the admiration of this body yond the teen-age tendency toward surface ship insists on passing a bill that cannot make of Congress and of this nation. study and encourage deeper thought and con- it through the other chamber. The saddest part Jordan Ferrell, a 19-year-old soldier from nections to the real world. No profession is of this entire charade is that this bill—just like Moffat County, Colorado was wounded in the more important in its influence and daily inter- all the tax cuts this House has passed—will service of his country during Operation Iraqi action with the future leaders of our commu- actually hurt American children much more Freedom. As a member of the Army’s 82nd nity and our country, and Juliana Bellinger’s than it helps them. In the long run, this $82 Airborne, Jordan was wounded by shrapnel impact on her students is certainly deserving billion tax-cut plan will further saddle our chil- when a grenade exploded on the roof of his of recognition. dren and grandchildren with even more debt. Jeep. After being injured, Jordan wanted noth- On behalf of the Congress of the United So, we’re giving them a small check now, but ing more than to return to active duty, so he States of America, I am proud to extend our it pales in comparison to the huge bill they’re began the long road to recovery. I am proud highest praise to Mrs. Juliana Bellinger as a going to see later in life. It’s not only unfair; it’s to say that through hard work and determina- master teacher. We thank her for her con- irresponsible. tion, Jordan has resumed active duty, and is tinuing dedication to teaching and her willing- once again protecting the freedoms we enjoy. ness and ability to challenge and inspire stu- I urge my colleagues to vote against this Upon completion of his military service, Jor- dents. bill. I urge my colleagues to demand that we vote on the Senate-passed bill immediately. dan wants to pursue a career in computers. f His mother hopes he might consider creative We shouldn’t delay another minute. It’s too im- writing. Regardless of the profession he RELATING TO CONSIDERATION OF portant to play these cynical political games. chooses, if Jordan displays the same deter- SENATE AMENDMENTS TO H.R. mination and drive, I know he will achieve 1308. TAX RELIEF, SIMPLIFICA- f much success in his life. TION, AND EQUITY ACT OF 2003 Mr. Speaker, I cannot fully express my deep RECOGNITION OF STEPHEN PIFER SPEECH OF sense of gratitude for the sacrifice and her- oism of this soldier and his family. Jordan has HON. TOM UDALL served his country well, and it is soldiers like OF NEW MEXICO HON. JOHN SHIMKUS him who make the United States military the IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS best in the world. Jordan has done all Ameri- Thursday, June 12, 2003 IN THE HOUSE OF REPRESENTATIVES cans proud and I know he has the respect, admiration, and gratitude of all of my col- Mr. UDALL of New Mexico. Mr. Speaker. I Tuesday, June 17, 2003 leagues here today. Thank you, Jordan, for cannot say that I’m surprised by the actions of your honorable and admirable service to this the Majority today. I cannot say that I’m sur- Mr. SHIMKUS. Mr. Speaker, I rise today to nation. prised that instead of voting on the Senate- recognize Stephen Pifer of Edwardsville, Illi- passed Child Tax Credit legislation, we’re vot- nois for winning the Triple Crown in Illinois f ing on something else. I cannot say that I’m high school long distance track. TRIBUTE TO JULIANA BELLINGER surprised that once again, the GOP leadership Last November, Stephen won the Class AA OF GRAND RAPIDS, MI, EXCEP- is cynically manipulating the process to ensure cross-country championship for the State of Il- TIONAL TEACHER that we pass even more tax cuts that will drive linois. Then, at the 109th annual Illinois High up the federal deficit and continue to expand School Association track and field State finals HON. NICK SMITH our national debt. Once again, they’re playing held in May, Stephen won the Class AA OF MICHIGAN politics when what we need is tax relief for 1,600-meter and 3,200-meter runs to secure IN THE HOUSE OF REPRESENTATIVES working families. the Triple Crown. Winds gusting up to 30 Let’s review what we’re talking about here. Tuesday, June 17, 2003 miles per hour made stable running tricky for First, the President tried to convince us that all competitors at the State finals, but Ste- Mr. SMITH of Michigan. Mr. Speaker, edu- the tax bill would help every working Amer- phen’s determination and spirit kept him head cation is the key for our Nation’s future pros- ican. Sadly, though, the House Leadership and shoulders above the rest of the field at perity and security. The formidable responsi- gutted one of the few provisions that helped Eastern Illinois University’s O’Brien Stadium bility of molding and inspiring young minds to those most in need—the refundable Child Tax that night. the avenues of hope, opportunity and achieve- Credit—from the previous tax package at the ment rests partly in the hands of our teachers. last minute. Yes, in a bill that was supposed Just five other runners in State history have Today I would like to recognize a teacher from to be an effort to stimulate the economy, we won the Triple Crown. Stephen joins names Grand Rapids, Michigan. didn’t do anything for those taxpayers most like Craig Virgin, David Merrick, Tom Graves, Mrs. Juliana Bellinger teaches Theatre Arts likely to spend the money. Amazingly, workers John Jacobsen, and Donald Sage; each Illi- and Literature at Forest Hills Northern and who earn between $10,500 and $26,625 were nois track stars in their own right. Stephen’s Central High Schools. She is credited for left behind in a backroom deal. I cannot think uncle and Edwardsville assistant coach Tim building ensembles and unity within class- of anyone who is more likely to spend that Flamer praised his nephew saying, ‘‘It’s admi- rooms and within casts. She is one of the money than these working families struggling rable for Stephen to come through time and most loved teachers on staff as evidenced by to make ends meet. What this sneaky deal time again. He’s now among the legends of senior classes choosing her as their main means to New Mexico is that nearly 90,000 State track. He carved that out today.’’ Three- speaker at Baccalaureate. Student enrollment families and 157,000 children aren’t going to time Olympian and two-time World Cross in her classes increased every year in every benefit under current law. The Republican Country champion Craig Virgin calls Stephen school where she taught, further evidence of plan also left behind many in our military, who the best runner to come out of Illinois since her skill and knowledge of her subjects. would have benefited from this break. him, and not many disagree. Her commitment to professionalism is well- Once the secret was out, though, the outcry The mayor of Edwardsville has given Ste- known by students and faculty alike. She is from across the country was clear. Nearly ev- phen the key to the city, but that will definitely described as loving, committed, dynamic, ex- eryone realized how bad a deal this really not be the last of the awards he receives. Ste- ceptional, inspiring, insightful, and extraor- was, and nearly everyone knew a quick fix phen has represented Southern Illinois well in dinary. One colleague writes, ‘‘To watch her was needed. However, it seems like the his years at Edwardsville High School, but his present and teach is truly a wonderful experi- House Leadership are the only ones in the time there is over as he graduated last May. ence.’’ In over twenty years of teaching she country who don’t get it. The Senate voted He plans to move on to the University of Colo- has directed numerous plays, coached young nearly unanimously to pass a simple clean bill rado, where he will undoubtedly continue per- actors, and educated others on new tech- to give this benefit to the most needy. And, forming well in competition. Stephen’s future nologies for the drama classroom. As a well- most importantly, the Senate bill won’t in- looks incredibly bright, and I wish him the best respected educator she has been invited to crease the national debt by one penny. It’s to- in all he does.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K17JN8.001 E17PT1 June 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1281 COMMENDING MEDGAR WILEY mechanic who received a bullet to the abdo- highest praise to Miss Chris Iavelli as a mas- EVERS AND MYRLIE EVERS-WIL- men after an ambush by Iraqi soldiers. How- ter teacher. We thank her for her continuing LIAMS FOR THEIR LIVES AND ever, doctors have assured Wesley and his dedication to teaching and her willingness and ACCOMPLISHMENTS family that he will make a full recovery. As he ability to challenge and inspire students for recuperates, I would like to recognize his ad- leadership and success. mirable service before this Congress and this HON. ELIJAH E. CUMMINGS f OF MARYLAND nation today. Wesley graduated from Canon City High CLASS ACTION FAIRNESS ACT OF IN THE HOUSE OF REPRESENTATIVES School in 1994 and joined the Army in 2000. 2003 Tuesday, June 17, 2003 He was stationed out of Fort Carson and was Mr. CUMMINGS. Mr. Speaker, today, I rise deployed in Operation Iraqi freedom on April SPEECH OF to applaud Congressman BENNIE G. THOMP- 11, 2003. As a mechanic, Wesley is respon- HON. TOM UDALL SON (D–MS) for introducing H. Con. Res. 220, sible for the care and maintenance of tanks, OF NEW MEXICO a resolution to honor Medgar Evers and his Humvees, and Bradley Fighting Vehicles. Dur- IN THE HOUSE OF REPRESENTATIVES wife Myrlie Evers-Williams for their accom- ing the ambush in which he was shot, four of plishments in fighting for equality in civil rights Wesley’s companions were also wounded, Thursday, June 12, 2003 though all were lucky enough to survive the in- for African-Americans. The House in Committee of the Whole While many history books rightfully acknowl- cident. Wesley is recuperating in an Iraqi hos- House on the State of the Union had under edge the Rev. Martin Luther King Jr., Malcolm pital and is to be transferred to Germany be- consideration the bill, (H.R. 1115) to amend X and Rosa Parks as central leaders of the fore traveling home to Colorado. the procedures that apply to consideration of Civil Rights Movement, Evers was also an ini- Mr. Speaker, I cannot fully express the grati- interstate class actions to assure fairer out- tial pioneer in the fight for racial justice. tude and respect I feel for Wesley Uhland. comes for class members and defendants, to Born July 2, 1925 near Decatur, Mississippi, Each generation must renew its commitment outlaw certain practices that provide inad- to defend our liberties. Today in Iraq, a new equate settlements for class members, to as- Evers received a Bachelor of Arts degree from sure that attorneys do not receive a dis- Alcorn Agricultural and Mechanical College. In generation of young Americans is fighting bravely for the freedom of others. I know that proportionate amount of settlements at the response to the 1954 landmark Supreme expense of class members, to provide for Court case, Brown, which declared segrega- those who seek the true meaning of duty, clearer and simpler information in class ac- tion in educational institutions unconstitutional, honor, and sacrifice will find it in dedicated tion settlement notices, to assure prompt Evers applied for admission to the formerly servants like Wesley Uhland. This Congress consideration of interstate class actions, to segregated University of Mississippi Law and all Americans should feel proud that we amend title 28, United States Code, to allow School. Despite the ruling, and despite being have soldiers like Wesley Uhland defending the application of the principles of Federal our great Nation. Thank you, Wesley, for put- diversity jurisdiction to interstate class ac- qualified, he was denied admission. Upon this tions, and for other purposes. denial, Evers began working for the National ting your life on the line to honorably serve our Association for the Advancement of Colored country. Mr. UDALL of New Mexico. Mr. Chairman, I People (NAACP) as the Mississippi Field Sec- f rise today in strong opposition to H.R. 1115, the Class Action Fairness Act of 2003. This retary in order to effect change. This position TRIBUTE TO CHRIS IAVELLI OF included registering people to vote in Mis- bill is the third piece of legislation in a succes- BATTLE CREEK, MICHIGAN, EX- sion of tort reform vehicles offered by the ma- sissippi, organizing students at nearby col- CEPTIONAL TEACHER leges, coordinating and leading protest jority this Congress. In offering H.R. 1115 marches, and challenging bus segregation. HON. NICK SMITH today, the majority again seeks to manipulate Despite his professional successes with the our judicial system for the benefit of corporate OF MICHIGAN America. NAACP, Evers was never able to pursue an IN THE HOUSE OF REPRESENTATIVES advanced degree before his death. The Administration also strongly supports Like many other civil rights activists of the Tuesday, June 17, 2003 this bill. Yet, while both the Administration and time, brutality was often brought upon Evers. Mr. SMITH. Mr. Speaker, Education is the the majority espouse the virtues of federalism In fact, he was arrested, beaten, and jailed for key for our Nation’s future prosperity and se- and states’ rights, this bill would severely limit, his unswerving efforts to combat prejudice and curity. The formidable responsibility of molding if not automatically remove, state court juris- discrimination. Tragically, on June 12, 1963, and inspiring young minds to the avenues of diction in the majority of class action cases. Evers was violently shot and killed in front of hope, opportunity and achievement rests part- The anticipated result of this reduction caused his home. Since his death, his widow, Myrlie ly in the hands of our teachers. Today I would Supreme Court Chief Justice William Evers-Williams continues to speak out against like to recognize a teacher from Battle Creek, Rehnquist, long-time a devout Federalist, and discrimination and injustice. In 1995, Myrlie Michigan that most influenced and motivated the Judicial Conference of the United States, Evers-Williams was elected as the first woman exceptional students in academics and leader- to openly denounce this bill because it would chair of the NAACP. ship that were winners of the LeGrand Smith increase the caseload of the already over- So, Mr. Speaker it is only fitting that we scholarship. crowded federal courts. And, because federal gather to remember Medgar Evers for his con- Miss Chris Iavelli teaches English at Harper courts must expedite criminal matters over tribution as a remarkable civil rights leader Creek High School in Battle Creek, Michigan. civil matters, this bill would make a plaintiff’s and for making the ultimate sacrifice in fighting She is credited for instilling in students an en- remedy more costly due to the increased for civil rights—his life. thusiasm for the subject and for life itself. In amount of time their case is kept pending on This resolution speaks volumes about the one student’s own words, ‘‘Miss Iavelli has the federal docket. state of civil rights in this nation forty years taught me to seek the deeper meaning in all Furthermore, besides giving jurisdiction over after Evers’ assassination. I support this reso- things and has encouraged me to always fol- most class action lawsuits to federal district lution wholeheartedly and urge all of my col- low my dreams.’’ The respect and gratitude of courts, this bill would also be applied retro- leagues to support H. Con. Res. 220. her students speaks well of Miss Iavelli’s abil- actively so that pending cases would be sub- jected to its provisions. This would effectively f ity to challenge young minds to stretch the mental muscles and strive to achieve the best include cases pending against Enron Corp., HONORING WESLEY UHLAND that is in them. Worldcom Inc., and Tyco International Ltd. At Chris Iavelli’s excellence in teaching chal- a time of heightened concern over corporate HON. SCOTT McINNIS lenges and inspires students to move beyond wrongdoing, now is not the time for Congress OF COLORADO the teen-age tendency toward surface study to make it more difficult for injured consumers IN THE HOUSE OF REPRESENTATIVES and encourage deeper thought and connec- to bring class-action lawsuits. tions to the real world. No profession is more Considering the above, this legislation fur- Tuesday, June 17, 2003 important in its influence and daily interaction ther illuminates the majority’s willingness to Mr. MCINNIS. Mr. Speaker, I stand before with the future leaders of our community and erode an individual’s protections from cor- this body of Congress today to honor a man our country, and Chris Iavelli’s impact on her porate wrongdoing through the manipulation of who has been wounded on the field of battle students is certainly deserving of recognition. our judiciary systems. As a result, I oppose while in the service of his nation. Wesley On behalf of the Congress of the United passage of this bill and urge my colleagues to Uhland, a 26-year-old Army Specialist, is a States of America, I am proud to extend our do so as well.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JN8.034 E17PT1 E1282 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2003 A SALUTE TO THE BONSALL lin and George Washington, all of whom knew TRIBUTE TO RICHARD D. FAUBLE, FAMILY REUNION Bonsall in early America. SUPERINTENDENT OF TECUMSEH The Bonsall’s are planning for 300 descend- PUBLIC SCHOOLS HON. CURT WELDON ants and family to attend this 320th anniver- OF PENNSYLVANIA sary of Richard and Mary (Wood) Bonsall ar- HON. NICK SMITH IN THE HOUSE OF REPRESENTATIVES riving in America. These committed descend- OF MICHIGAN Tuesday, June 17, 2003 ants represent nearly every state in our coun- IN THE HOUSE OF REPRESENTATIVES try. I am pleased that a very large population Tuesday, June 17, 2003 Mr. WELDON of Pennsylvania. Mr. Speaker, of Bonsall’s still live, work and play in Dela- family reunions are an important part of our ware County, Pennsylvania. There are over 35 Mr. SMITH of Michigan. Mr. Speaker I rise personal histories. On June 21 and 22, 2003, streets named after various Bonsalls in the today to honor Richard Fauble of Tecumseh, the Bonsall Family Reunion will be held at Delaware Valley. There are three states that Michigan for his distinguished service to the Stagecoach Farm in Cheyney, Pennsylvania in have towns named Bonsall or Bonsal. community, most recently as the Super- the 7th Congressional District of Pennsylvania. Mr. Speaker, family reunions offer a special intendent of Tecumseh Public Schools. As the Superintendent of the second largest This will be the 320th anniversary of Richard, time for families to come together for celebra- district in Lenawee County, Richard Fauble Mary and Obadiah Bonsall sailing out of Liver- tion and renewal of the ties that bind them. Al- oversaw the building of a new high school and pool, England to America, arriving on the though the Bonsall Family has endured trials extensive renovations to the middle school Duke of Yorke in the spring of 1683. I am and tribulations over the years, the family has and four elementary schools. Both projects proud to salute the Bonsall family on this im- maintained their love, devotion, and commit- were successfully completed under budget. portant occasion. ment to one another. I am certain that this Their story begins when Richard Bonsall Mr. Fauble distinguished himself both per- year’s reunion will be a very special and joy- sonally and professionally through his commit- and his wife, Mary (nee Wood) and their five ous occasion. young daughters ages 1 to 6 boarded a sailing ment to education. He earned his B.A. Degree Mr. Speaker, I ask my colleagues to join vessel in Liverpool and endured a six to ten from Central Michigan University and his Mas- with me in extending best wishes to the entire week voyage across the Atlantic Ocean with ters Degree in educational administration from Bonsall Family for a successful and heart- great hardships and danger. They arrived in the University of Michigan. He has also com- warming family reunion. Chester, Pennsylvania in the spring of 1683. pleted extensive coursework throughout the Richard had received a Land Grant from Wil- country. liam Penn in the area east of Chester Creek f Richard Fauble has made the most of his in what is now part of Lansdowne and part of PAYING TRIBUTE TO MARY ROSE extensive education and training, serving in a Darby, Pennsylvania. Mary’s parents had ar- CLARK WALKER variety of teaching and administrative posi- rived in 1682 and had landed next to Rich- tions. In the last 30 years, he has taught high ard’s family. Richard built a dam on Chester school social studies, served as principals and Creek and established a Grain and Saw Mill. HON. SCOTT McINNIS superintendents in Wyoming, Wisconsin, Flor- Richard and Mary added three sons and an- OF COLORADO ida and Michigan. In each post, he offered his other daughter to the family. Richard and their IN THE HOUSE OF REPRESENTATIVES experience and expertise to improving the learning environment for students. other Quaker neighbors established the Darby Tuesday, June 17, 2003 Friends Meeting in 1699. Their children pro- Education is the key for our Nation’s future duced sixty-one (61) grandchildren and so Mr. MCINNIS. Mr. Speaker, it is with a prosperity and security. The formidable re- started a very large family, many of whom heavy heart that I stand before this body of sponsibility of molding and inspiring young served in every war that the United States Congress to pay tribute to an outstanding minds to the avenues of hope, opportunity and was involved in from the Revolution to the re- woman from my district. Mary Clark Walker achievement rests in good part with our cent conflict in Iraq. passed away recently at the amazing age of schools. Richard Fauble’s impact on the future Reuben Fayette Bonsall, a seventh genera- 108. Mary was one of a small number who leaders of our community and our country is tion descendant of Richard was born and had witnessed the dawn of two centuries, and certainly deserving of recognition. raised just outside of Media, Pennsylvania in the astounding advancement of technology in On behalf of the Congress of the United what is now Elwyn and had a large family of the United States over that time. Mary was States of America, I am proud to honor Mr. fourteen (14) children. In 1934 the descend- lucky enough to see the beginning of the air- Richard Fauble for his commitment and dedi- ants of Reuben held their first Reunion in plane, the television, and the modern auto- cation to improving education. We thank him honor of their parents. The tradition has con- mobile. for his contributions to helping our young peo- tinued each year since 1934 and is now held At a very young age, Mary moved from Cali- ple become good citizens, and fit for the tech- at Peggy Bonsall’s home called Stagecoach fornia to Ouray, Colorado where her original nology-based world of tomorrow. Farm on Tanguy Road in Cheyney, Pennsyl- house on Oak Street still stands today. Mary f vania on the Sunday following Father’s Day. In gained a reputation as a hard worker. At a TRIBUTE TO ROBERT A. WILLIAMS 1983 a worldwide reunion was held at Rose very young age, Mary began working to pro- Tree Park and it was attended by nearly 1,000 vide her family with extra spending money. HON. JOSE´ E. SERRANO descendants and family. There were gene- She would often travel by train to Montrose, OF NEW YORK alogy displays, skits depicting some out- Colorado, where she would work a week at a IN THE HOUSE OF REPRESENTATIVES standing Bonsall’s, Amos (explorer, soldier), time for the Ashenfelter Ranch. Mary some- Joseph (librarian, third library in America), times stayed at the ranch for up to a month Tuesday, June 17, 2003 Philip (last U.S. Ambassador to Cuba), bus before she would return home to her family. It Mr. SERRANO. Mr. Speaker, I rise today to tours to the ancestral homes (many are still was this kind of work ethic that garnered Mary pay tribute to a great community activist and being occupied), games for all ages and a din- the respect of her town, which congratulated humanitarian. Mr. Robert Williams, the excep- ner at Springton School. her by throwing a special 100th birthday party tional leader of the Sports Foundation Inc. in After the reunion a committee was formed in her honor. Mary was also blessed with two the Bronx, has given 34 years of service to to establish a plan to keep the family aware of sons, Jack and Lester, who claim her secret the youth of his community. their heritage and contributions to America. It for a long and healthy life was nothing more Mr. Williams helped found the Sports Foun- was decided to continue the regional yearly than clean living and hard work. dation with the mission of promoting the devel- reunion and plan a U.S.A. reunion every ten Mr. Speaker, it is people like Mary that con- opment of youth through participation in com- years. The first ten year reunion was held in stitute the heart of our great nation as well as munity programs that involve sports, coun- 1993, celebrating 310 years since Richard the spirit of the West and I am honored to rec- seling, mentoring and education. The motto: came to America and now we are celebrating ognize her life before this body of Congress ‘‘Building Social Responsibility through Sports’’ the second ten-year Reunion on June 21 and and this nation. While we are all saddened by drives SFI to function as a model youth devel- 22, 2003 at Stagecoach Farm, 87 Tanguy the loss of such a great woman, we can take opment organization, utilizing and providing Road, Cheyney, Pennsylvania. The program some solace in knowing that she lived a long prevention strategies and positive alternatives will include entertainment, games, genealogy and happy life. My thoughts and prayers go to substance use and anti-social behavior. displays, speakers, singers and depictions of out to Mary’s friends and family during their In addition to his work with the Sports Foun- famous Americans, William Penn, Ben Frank- time of mourning. dation in the Bronx, Mr. Williams has served

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.038 E17PT1 June 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1283 as Director of the Youth Development Pro- dedicated patriot and citizen, and I am hon- PAYING TRIBUTE TO KRISTOPHER gram which began the first publicly elected ored to recognize his accomplishments. ENTZ youth council in the country. He has served as Director of the College Opportunity and Edu- f HON. SCOTT McINNIS cational Development program in Harlem and TRIBUTE TO THE BARABOO OF COLORADO was the first Black Assistant Varsity Basketball IN THE HOUSE OF REPRESENTATIVES Coach at New York University. He is also the PUBLIC LIBRARY author of The Student Athlete Handbook, Tuesday, June 17, 2003 which was published in 1993. HON. TAMMY BALDWIN Mr. MCINNIS. Mr. Speaker, it is with a Mr. Speaker, Mr. Williams has dedicated the OF WISCONSIN heavy heart that I honor the life and memory majority of his adult life to serving his commu- IN THE HOUSE OF REPRESENTATIVES of an outstanding young man from my district. nity. For four years he served as special as- Kristopher Entz, a 17-year-old student from sistant to the Bronx Borough President where Tuesday, June 17, 2003 Center, Colorado passed away recently. As he was responsible for all educational matters, Ms. BALDWIN. Mr. Speaker, I rise today to his family and friends mourn their loss, I would including community school districts, institu- extend congratulations to the Baraboo Public like to pay tribute to the memory of Kristopher tions of higher education, libraries and cultural Library in Baraboo, Wisconsin for 100 years of before this body of Congress and this nation. institutions. service to the community. Constructed in Kristopher was a well-rounded, perpetually Those who take the time to improve the 1903, this library has been an integral part of happy, all-American teenager, liked and ad- lives of youth are special people. I am proud democratic society in Baraboo. mired by all. His sense of humor and pench- to say that our nation is a better place be- A public library serves as the cornerstone of ant for pranks made him one of the most pop- cause of people like Mr. Robert Williams. democracy. A library fosters intellectual free- ular students at Sangre de Cristo High School. I thank Mr. Williams for 34 years of service dom and makes available to all citizens an ex- He was an outstanding student, as evidenced to the youth of our community and I ask my tensive information network. In a local setting, by his membership in the National Honor Soci- colleagues to join me in recognizing him as a citizens have access to global resources of in- ety and his participation in Knowledge Bowl, model American. formation. The educational importance of a an extra-curricular academic competition. f public library is immensely important in im- Kristopher excelled in athletics as well, and was a terrific football player who also liked PAYING TRIBUTE TO DON GEORGE proving the community by providing access to higher learning. A library is a requirement for snowboarding, golf, and lifting weights. a cultivated democratic society. Kristopher is survived by his parents Mike HON. SCOTT McINNIS A public library allows citizens to perform and Rhonda, his older sister Brynna, and a OF COLORADO their civic duties placed upon them in our loving extended family, and my thoughts and IN THE HOUSE OF REPRESENTATIVES noble democratic Nation. It not only provides prayers are with them during this difficult time. Tuesday, June 17, 2003 free worldwide access to information, but also Kristopher’s good-natured spirit will live on in is a place where residents can obtain informa- the many lives he has touched in the San Luis Mr. MCINNIS. Mr. Speaker, I have the tion about their community, and where internet Valley. His love, laughter, and dedication to pleasure to stand before this body to pay trib- his family, friends, school, and community will ute to a great individual who, even at a very access, tax forms and voter registration forms are provided. The role of the public library is be greatly missed. young age, understood the price of freedom. f His story is one of honor, selflessness, and essential in supporting a democratic state. The sacrifice, and I am honored to tell it to this Baraboo Public Library has gone beyond its CONGRATULATING PAUL SABLAN Congress today. civic duty in providing these services for the DUENAS ON HIS GRADUATION In 1946, while just 15 years old, Don public. FROM THE UNITED STATES George had an exciting future ahead of him. Baraboo Public Library’s vast success in the NAVAL ACADEMY CLASS OF 2003 Although just a high school freshman, he was past 100 years has led it to develop a distin- already a starter on his high school basketball guished reputation within its community. It is HON. MADELEINE Z. BORDALLO team. His country was finally at peace, having evident that the library’s dedication towards free information and democracy will allow the OF GUAM just defeated the Germans in Europe and the IN THE HOUSE OF REPRESENTATIVES Japanese in Asia to close out World War II. city of Baraboo to continue to foster higher Although he was too young to fight in the war, education and diversity in society. I join Tuesday, June 17, 2003 Don was old enough to understand how much Baraboo residents in celebrating the 100th an- Ms. BORDALLO. Mr. Speaker, I rise today his countrymen had sacrificed to help keep niversary of the Baraboo Public Library. to commend Ensign Paul Sablan Duenas on America free. So, he went off in the service of his graduation from the United States Naval his country, pretending to be older than he f Academy with a Bachelor of Science degree was in order to meet the military’s age require- PERSONAL EXPLANATION in Political Science on May 23, 2003 and for ments. his commissioning as Ensign in the United After his return from the service, Don came States Navy. Paul now joins his brother John, home and married the love of his life, Helen, HON. JIM RYUN who also graduated from the Naval Academy, to whom he has been married for 53 years. OF KANSAS as a Naval Officer. Don forged a career in the oil refinery busi- IN THE HOUSE OF REPRESENTATIVES As a young man growing up on Guam, Paul ness before retiring to pursue the things he Tuesday, June 17, 2003 demonstrated tremendous success as a stu- and Helen love, such as country line dancing, dent and leader at every academic level. He bowling, and playing cards. Don is blessed Mr. RYUN of Kansas. Mr. Speaker, Unfortu- attended Cathedral Grade School in Hagatna, with three children, six grandchildren, and six nately, I missed the votes in the House of Guam and St. Francis School in Yona, Guam great-grandchildren. Representatives on June 16, 2003. Had I before enrolling at Father Duenas Memorial Don sacrificed his diploma in order to serve been in attendance I would have made the fol- School, where he completed his secondary his nation. However, a new law in Colorado lowing votes: education. During high school career, Paul ex- enables veterans to receive their high school H.R. 2254, the Bruce Woodbury Post Office celled in academics and was inducted into the diplomas, and now Don, who is 72-years-old, Building Designation Act. Had I been in at- National Honor Society. Outside of the class- will walk across the stage with his graduating tendance, I would have voted ‘‘yea.’’ room, he further developed his leadership tal- class, the class of 2003 at Fruita Monument H. Con. Res. 220, Commending Medgar ents by serving as Cadet Commanding Officer High School in Colorado. Wiley Evers and his widow, Myrlie Evers-Wil- for the Father Duenas Naval Junior Reserve Mr. Speaker, I am proud to recognize the liams, for their lives and accomplishments. Officer Training Corp (NJROTC) during his achievement of Don’s upcoming commence- Had I been in attendance, I would have voted senior year. Upon graduating from Father ment. The drive and dedication that Don has ‘‘yea.’’ Duenas Memorial School in 1999, Paul ac- displayed in pursuing this diploma is extremely S. 703, the Carl T. Curtis National Park cepted an appointment to the U.S. Naval impressive, and his determination, along with Service Midwest Regional Headquarters Build- Academy. his sacrifice to his country, is an outstanding ing Designation Act. Had I been in attendance, Today I join friends and family of Ensign example for America’s youth. Don is truly a I would have voted ‘‘yea.’’ Paul Sablan Duenas in congratulating him on

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.041 E17PT1 E1284 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2003 his graduation from the United States Naval sored me as a Senate page. I served 4 years TRIBUTE TO DR. JOAN HINDE Academy. He has received orders to report as a page, and have since gone on to serve STEWART on-board the new USS Mason (DDG–87) in in a number of political positions—in the Nixon Norfolk, Virginia as a Surface Warfare Officer Administration, Fairfax County Supervisor, and HON. JAMES E. CLYBURN (SWO). I am confident that Paul will be an of course my current role as the Representa- OF SOUTH CAROLINA outstanding officer in the United States Navy, tive for the 11th District of Virginia. Along the IN THE HOUSE OF REPRESENTATIVES and I commend him for his distinguished aca- way, though, we all remember the person who demic career and his self-less dedication and gave us our first break. For me, that person Tuesday, June 17, 2003 commitment to the service of our Nation. was Senator Carl Curtis. Mr. CLYBURN. Mr. Speaker, I rise today to f Senator Curtis passed away on January 24, pay tribute to a woman who is an exceptional 2000. I still owe him a debt of gratitude, and scholar, a renowned literary commentator and CELEBRATING THE BIRTH OF appreciate this opportunity to express my con- a distinguished leader at the University of MARTIN TAYLOR WHITMER III tinuing appreciation. South Carolina. Dr. Joan Hinde Stewart, Dean of the College of Liberal Arts at the USC, is HON. JOE WILSON f leaving in July to accept a position as the 19th OF SOUTH CAROLINA PAYING TRIBUTE TO SAM president and first-ever female president of IN THE HOUSE OF REPRESENTATIVES SUPLIZIO Hamilton College in Clinton, New York, and I ask you to join me in commending her for a Tuesday, June 17, 2003 job well done. Mr. WILSON of South Carolina. Mr. Speak- HON. SCOTT McINNIS Dr. Stewart’s accomplishments during her er, I want to send my personal congratulations OF COLORADO tenure at USC have been astonishing. She to Julie Thurmond Whitmer and Martin IN THE HOUSE OF REPRESENTATIVES has led the university’s largest and most aca- Whitmer on the birth of their first son, Martin Tuesday, June 17, 2003 demically diverse college, and served as a Taylor Whitmer III. This is a very special member of the Provost’s Strategic Directives young boy, as he is the first grandson of 100- Mr. MCINNIS. Mr. Speaker, it is my pleasure and Initiatives Committee that financially re- year old Senator Strom Thurmond, South to stand before this body of Congress to honor structured the university last year. Dr. Stew- Carolina’s living legend. a man known as Colorado’s ‘‘Mr. Baseball.’’ art’s leadership helped the college boast the According to The State’s Lee Bandy, ‘‘Mar- Sam Suplizio of Grand Junction, Colorado has highest increase this year in funds attained tin Taylor Whitmer III was born at 1:59 p.m. spent his life playing, coaching, and promoting through research grants at a time when the Monday (June 16, 2003), at Sibley Hospital in the game. As he retires from his position as university is shifting its focus toward techno- Washington, D.C. He weighed 9 pounds, 5 Director and Chairman of the National Junior logical and biomedical research. ounces and was 20.5 inches long . . . Young College World Series, I would like to pay trib- Dr. Stewart’s merit not only benefits the uni- Taylor already has a nickname—Tate.’’ ute to this outstanding leader. versity at-large but also touches individual stu- I am so happy for the Whitmer family, Fifty years ago, Sam was one of the top dents. As a professor of French, she is known grandmother Nancy Thurmond and Senator amateur baseball players in the nation. Fol- for her extensive historical perspectives on Thurmond, who’s life has been full of mile- lowing a brilliant collegiate career in which he French literature and for bringing her latest stones. There is no doubt that his grandson became the University of New Mexico’s first analysis of some long neglected writers into will inherit his strength, courage and All-American baseball player, the New York her classroom. patriotism. Yankees signed Sam and quickly labeled him Before coming to USC, Dr. Stewart headed f as their top prospect. As a minor leaguer in the Department of Foreign Languages and Lit- 1955, Sam hit more home runs than Roger eratures for 12 years at North Carolina State CARL T. CURTIS NATIONAL PARK Maris, and the next year the Yankees called University. She has lectured on French lit- SERVICE MIDWEST REGIONAL him up to the big leagues. Unfortunately, only erature and culture at numerous universities, HEADQUARTERS BUILDING three days after joining the team, Sam suf- including Oxford, Columbia, and Yale, which is fered a career-ending injury while sliding into where she earned her Ph.D. HON. TOM DAVIS second base. Mr. Speaker, Dr. Stewart is an extraordinary OF VIRGINIA Despite the setback, Sam rebounded to be- example of leadership in higher education. IN THE HOUSE OF REPRESENTATIVES come a professional scout, coach, and man- She has excelled in academia and administra- ager with the California Angels and Milwaukee Tuesday, June 17, 2003 tion at the University of South Carolina, and Brewers. He coached superstars Paul Molitor, her unique talents will be missed. I ask you Mr. TOM DAVIS of Virginia. Mr. Speaker, I Robin Yount, and Bo Jackson, participated in and my colleagues to join me in applauding rise to add my voice in support of S. 703, the selecting members of the U.S. Olympic Base- Dr. Joan Stewart’s contributions to USC and Carl T. Curtis National Park Service Midwest ball Team, and earned a World Series Ring in wishing her the best of luck in her new posi- Regional Headquarters Building Designation 1982 with the Brewers. tion at Hamilton College. Act. While his association with professional f Carl Curtis served in Congress longer than baseball lasted 50 years, Sam always took the any other Nebraskan—16 years in the House time to give back to the community. In addition TRIBUTE IN HONOR OF WOMEN’S followed by 24 years in the Senate. In those to four decades of leadership with the Junior RIGHTS PIONEER, REP. MARTHA 40 years, he built a strong legacy of legislative College World Series, thousands of little CRIFFITHS accomplishments. One of his greatest was the leaguers, high school, and college players in creation of the Pick-Sloan Plan for the Mis- Colorado benefited from the free clinics Sam HON. EDDIE BERNICE JOHNSON souri basin, which was the blueprint for flood frequently conducted. As co-chairman of the OF TEXAS control and irrigation along the Missouri River. Colorado Baseball Commission, Sam led the IN THE HOUSE OF REPRESENTATIVES In addition, he came to be widely regarded as effort to bring the Rockies to Colorado and an authority on tax policy. He also transformed was instrumental in the building of Coors Tuesday, June 17, 2003 the Senate Republican Conference, making it Field. He was so effective in that role that Ms. EDDIE BERNICE JOHNSON of Texas. the research body it is today, providing rel- Colorado’s Governor appointed him to help Mr. Speaker, tonight we honor former Con- evant information on national issues for the build a new stadium for the Denver Broncos gresswoman Martha Griffiths. I appreciate this members of his caucus. as well. opportunity to share with my colleagues my Politically, he was a force to be reckoned Mr. Speaker, athletics teach our young peo- admiration for one of Michigan’s and this na- with. Having defeated two incumbent gov- ple important life lessons about dedication, tion’s most distinguished leaders. ernors, one former governor, one governor-to- sacrifice, and teamwork, and I am proud to Martha Griffiths is the woman most respon- be, and two former House members, Carl Cur- pay tribute to a man who has spent five dec- sible for the inclusion of women in the Civil tis is known by many as ending or ades imparting these values to our youth. Sam Rights Act of 1964. The Act was a landmark sidetracking many a political career. But for is a true public servant who has done so piece of legislation that outlawed discrimina- me, Mr. Speaker, it is just the opposite. I cred- much for the game of baseball and the state tion on the basis of sex, race, ethnicity, or reli- it Mr. Curtis with having given life to my polit- of Colorado, and I am proud to honor him be- gion in the election process, employment, pub- ical career by virtue of the fact that he spon- fore this body of Congress today. lic accommodations, or in Federally-assisted

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.044 E17PT1 June 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1285 programs. It opened the doors of opportunity die’s dedication and commitment to his fellow ognition Award for Unsurpassed and Dedi- to women throughout the United States and Coloradans. Individuals like Eddie provide the cated Service to the Community by the North- spurred women across the world to fight for strength of spirit and character that make this west Missouri Division of the African Methodist similar laws in their home countries. nation great. While he will be dearly missed, and Episcopal Church. She was the first woman appointed to the Eddie’s spirit will live on through the lives of One of the honors she cherished most was Detroit Recorder’s Court, the first woman sent those whom he has touched. I extend my the University of Kansas establishment of the to Congress from her district, the first woman deepest sympathies to Eddie’s family and Lucile H. Bluford Scholarship Fund for stu- seated on the House Ways and Means Com- friends during this difficult time. dents interested in studying journalism. This mittee in 1954 and the first woman chosen to f lasting legacy to Miss Bluford will provide fu- serve as Michigan’s Lieutenant Governor. As ture generations with the opportunity to fulfill the first woman and the first African-American HONORING MISS LUCILE BLUFORD their dream of journalism. to ever represent the Dallas, TX area in Con- UPON HER DEATH, PUBLISHER Miss Bluford has been recognized for her gress, I have learned a great deal from her AND EDITOR OF THE CALL service to our community and nation. She had empathetic approach to public policy and polit- NEWSPAPER served as a juror Pulitzer Prize for Journalism, ical leadership. She never forgot that the bills was a member of the National Board of Direc- we considered and the policies we crafted af- HON. KAREN McCARTHY tors of the National Association for the Ad- fected real people with real families. She al- OF MISSOURI vancement of Colored People (NAACP), and ways considered how a bill might affect our IN THE HOUSE OF REPRESENTATIVES had been selected to make a trip to Israel in community’s most disadvantaged families. Tuesday, June 17, 2003 1972 with a group of American newspaper Martha’s greatest legislative victory came editors. Miss Bluford served on the Governor’s when she engineered the inclusion of a ban Mrs. MCCARTHY of Missouri. Mr. Speaker, Committee for ‘‘Jobs for Missourians,’’ was a on sex discrimination in the landmark 1964 it is with great pride and respect that I rise board member and Secretary of the Missouri civil rights legislation, which paved the way for today to honor Miss Lucile Bluford, editor and Commission of Human Rights from 1957 to a number of laws and Supreme Court rulings publisher of The Call newspaper in Kansas 1969, and served on the Governor’s Task on issues ranging from equal pay to freedom City, Missouri. Miss Bluford passed away Fri- Force on the role of Private Higher Education from sexual harassment. day, June 13. She had been an employee of in Missouri. She served on local boards of She displayed considerable political savvy in The Call for 71 years and editor/publisher United Way, NAACP, Kansas City Council on 1970 when she employed a little-known par- since 1955. She would have been 92 years Crime Prevention, Kansas City Cancer Soci- liamentary tactic to blast the ERA out of the young this July 1. ety, Kansas City Area Hospital Association, House Judiciary Committee, where it had Miss Bluford, as she was known by every- Model Cities Day Care Corporation, Legal Aid been stalled for 47 years. one, was a trail blazer and pioneer for civil and Defender Society, and the University of As a legislator, I admire Martha Griffiths. rights and equality for African-Americans. She Missouri at Kansas City Cockefair Chair Board She earned the respect of her colleagues for fought both personally and professionally to of Directors. both her intelligence and independence; they end segregation and advance opportunities for As publisher and editor of The Call news- have described her as ‘‘tough as alligator our community. Through her fight to access paper, she elevated the awareness of the Afri- skin’’ with ‘‘a steel-trap mind.’’ graduate journalism school for herself and can-American community in relation to its role Mr. Speaker, Representative Martha Grif- other minorities and her leadership in the civil in the broader majority society. Miss Bluford fiths has been a clear, strong and consistent rights and journalism communities, Miss was a dedicated journalist from her humble voice for women and women’s issues. I am Bluford left an enduring mark in her advocacy beginnings as a reporter to the position of proud to stand here in honor of Martha Grif- for equality. publisher and editor—she never forgot her fiths and her legacy. Miss Bluford graduated from the University roots. I fondly remember how she would duti- f of Kansas School of Journalism in 1932 and fully take notes on her reporter’s pad with her joined The Call shortly thereafter as a re- PAYING TRIBUTE TO EDDIE ever present red pen. As a role model and a porter. In 1938, she filed a mandamus suit VALENTINELLI journalist, I remember Miss Bluford for her fair- against the University of Missouri Graduate ness and unassuming manner. She was never HON. SCOTT McINNIS School of Journalism for being denied admit- one to seek out the spotlight or glory. She tance because of her color. Miss Bluford wrote spoke her mind to the powerful and stood by OF COLORADO and fought for racial and social justice ever IN THE HOUSE OF REPRESENTATIVES her beliefs without hesitation. since. She reported about the plight of those Miss Bluford has been an inspiration to me. Tuesday, June 17, 2003 unfortunate enough to help themselves, the Her dedication and commitment to public serv- Mr. MCINNIS. Mr. Speaker, it is with a sol- poor and disenfranchised. Miss Bluford had an ice served as an example to all of us who emn heart that I rise before this body of Con- effect on making our community and nation work to make our community better. Mr. gress today to pay tribute to the life and pass- better aware of the inequalities existing. Speaker, please join me in honoring her for ing of Eddie Valentinelli of Grand Junction, Miss Bluford had the ear of those who were her service to our community and the nation. Colorado. Eddie’s passion for life was re- wealthy and those who were not, and con- Miss Bluford can never be replaced, but her flected in the time and effort that he devoted versed with the common citizen or those of ideals and principals will remain as a funda- to the Junior College World Series (JUCO). As stature. I met with Lucile many times and I al- mental foundation for our community. My his family and friends mourn his loss, I would ways treasured her company and conversa- thoughts and prayers go out to her family like to commend Eddie for his enthusiasm for tion. I invariably would leave with a much members, co-workers, and friends. All of our the game and pay tribute to the impact that he more valuable insight on the issues of the day lives are richer for having known Miss Lucile had on his community. as well as the rich history she lived—espe- H. Bluford. cially her struggles in the civil rights move- Eddie attended every JUCO World Series f game from the time the series began in 1958. ment. He arrived at the ballpark at 5 a.m. every Sat- Miss Bluford’s leadership and accomplish- INTRODUCTION OF THE NATION- urday to help the grounds crew, loving to so- ments have been recognized on numerous oc- WIDE GUN BUYBACK ACT OF 2003 cialize with the players and coaches through- casions, including receiving the Medal for Dis- out the day. Fans have noted that the series tinguished Service in Journalism from the Uni- HON. ELEANOR HOLMES NORTON would not be the same without Eddie’s pres- versity of Missouri. Last fall she was honored OF THE DISTRICT OF COLUMBIA ence in his usual seat. Eddie’s dedication to by the Greater Kansas City Chamber of Com- IN THE HOUSE OF REPRESENTATIVES JUCO has extended beyond his own lifetime, merce as ‘‘Kansas Citian of the Year for Tuesday, June 17, 2003 as he had made the JUCO World Series Or- 2002.’’ Awards she received throughout her ganization a major benefactor in his will. While career include the Distinguished Service Ms. NORTON. Mr. Speaker, today I am en- the financial benefit from his contribution was Award from the national NAACP, an Honorary couraged to introduce the Nationwide Gun welcomed, the sentimental value of the ges- Doctorate degree from Lincoln University in Buyback Act of 2003, NGBA, by the actions of ture is what individuals associated with JUCO Jefferson City, Missouri, the Southern Chris- the District of Columbia residents on Father’s will always remember. tian Leadership Conference (SCLC) Martin Lu- Day last Sunday. Citizens who had lost rel- Mr. Speaker, I am proud to stand before this ther King Award, University of Missouri Distin- atives and representatives of 20 advocacy and body of Congress today to pay tribute to Ed- guished Service Medal of Honor, and the Rec- victim-support groups gathered at Freedom

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JN8.048 E17PT1 E1286 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2003 Plaza, a stone’s throw from the White House, should not have to rob Peter to pay Paul when RECOGNIZING THE ACCOMPLISH- to declare their own moratorium on murder for it comes to public safety. The Federal Govern- MENTS OF JUSTIN SEAMAN OF the Father’s Day weekend. ment can play a unique and noncontroversial CLAYSVILLE, PENNSYLVANIA Not only did their moratorium have impor- role in reducing gun violence by providing the tant symbolic value; in fact there was only one small amount authorized by my bill, $50 mil- murder last weekend. Of primary importance lion, to encourage buyback efforts where a HON. TIM MURPHY was the fact that the moratorium was symbolic local jurisdiction believes they can be helpful. OF PENNSYLVANIA and entirely citizen initiated. Residents them- The Nation’s Capital has successfully dem- IN THE HOUSE OF REPRESENTATIVES selves must take responsibility for crime and onstrated a faster and easier way to put guns not regard criminal activity as a matter for the under the control of law enforcement where Tuesday, June 17, 2003 police alone. I am pleased that the D.C. Coun- criminals cannot use them and children and Mr. MURPHY. Mr. Speaker, I rise today to cil and the Mayor responded with a resolution adults cannot misuse them. Gun buyback ef- acknowledge an exceptional young man from supporting the moratorium, but the event got forts are not new, but the recent, dramatic im- Claysville, Pennsylvania, in my district. Mr. its importance from its origin with residents. pact of the District’s program has special bi- Justin Seaman has recently distinguished him- The moratorium was initiated by Kenneth E. partisan and natural appeal today because the self and has earned several honors as a tal- Burnes whose son was murdered in his U program is voluntary and requires no change ented and successful film producer and writer. Street store and became one of 233 residents in local or Federal gun laws. A gun buyback Justin owns and manages his own film com- killed in 2001. This year’s homicide rate is 9 bill is certainly no substitute for gun safety leg- pany, Nevermore Production, which has pro- percent ahead of last year’s rate. Almost all of islation, but my bill is based on demonstrated duced two movies that earned tremendous ac- the killings here and elsewhere are committed and successful experience in a number of cit- colades for their powerful themes and serious by handguns. ies that have achieved voluntary compliance messages. And while others have won awards The bill, however, does not conflict with by citizens with local laws. for such accomplishments, what is unique Member’s positions on the controversial issue The extraordinary success of the buyback about Justin, however, is the fact that he is of gun control. The bill would simply allow programs in the District and around the coun- still in high school. In fact, his projects have people who desire to get guns out of their try has shown that these programs should struck a chord with his friends and fellow homes to do so without incurring criminal pen- now be readily available to jurisdictions that teens, so much so that Justin has enlisted the alties for possession. Families, and especially desire to use them. In a market economy, ef- support of many fellow students at McGuffey mothers, have feared guns in their homes, but forts to buy back guns have special appeal. High School in producing his work. Films, like often do not know how to get rid of them. In We may disagree on the various approaches one Justin produced about the catastrophic most jurisdictions, a grandmother petrified that as to gun violence, but Democrats and Repub- consequences of drinking and driving are there is a gun in the house for example, or her licans alike can agree to this sensible ap- changing lives for the better. Using art, Justin grandson, who may possess the illegal weap- proach. is making a real difference in our community. ons cannot turn it in without subjecting herself I urge my colleagues to support this vital Mr. Speaker, I am very pleased to take this or her grandson to prosecution. This is reason legislation. enough for gun buyback efforts. opportunity to recognize the example one Like tax amnesty, gun amnesty puts a pre- great young man is setting for teens across f mium on the ultimate goal. When the goal is Southwestern Pennsylvania. Too often when taxes, the government puts a premium on get- PAYING TRIBUTE TO FLORENCE we in Congress talk about teens, we focus on ting the amount owned. When the goal is FRIGETTO the negative influences affecting them today: guns, the premium is on getting deadly weap- drug addiction, alcohol abuse, teen preg- ons off the streets and out of people’s homes. nancies, and on and on. But young men like This bill is entirely voluntary and does not HON. SCOTT McINNIS Justin Seaman are standing up for a genera- compel anyone to give up a handgun, even OF COLORADO tion. They are determined to set the right ex- one that is illegally held. IN THE HOUSE OF REPRESENTATIVES ample and to do it with style. We ought to stop and recognize the positive influences of these This bill would provide Federal funds to Tuesday, June 17, 2003 local jurisdictions to engage in gun buyback young leaders more often in America. Our programs like the successful programs con- Mr. MCINNIS. Mr. Speaker, I stand before country is a far better place for being home to ducted by the District of Columbia a few years this body of Congress today to recognize the such inspiring and responsible young adults ago. Under the bill, funds would be distributed twenty-two years of service that Florence as Justin. through the Department of Housing and Urban Frigetto has dedicated to the children of Justin’s accomplishments have been recog- Development, HUD. After evaluation of pro- Montrose, Colorado. Florence is retiring after nized on a National level. Just last week he posals, added weight would be given to juris- having served as the Director of Food Service was invited to the John F. Kennedy Center for dictions with the greatest incidence of gun vio- for the Montrose County School District for the Performing Arts along with hundreds of his lence. The NGBA would require that a jurisdic- last thirteen years. As we mark her retirement, peers from across the nation for special rec- tion certify that it is capable of destroying the I would like to commend Florence for the de- ognition. His recognitions include the Robert guns within 30 days, that it can conduct the votion that she has shown to her students Morris College TVT Award of Excellence, the program safely, and that an amnesty appro- over the years. Critics Award for Excellence in acting, four na- priate for the jurisdiction will be offered. Not Florence became the district’s food service tional honors at the Scholastic Inc. Art & Writ- only individuals, but groups such as gangs administrator after making meals from scratch ing competition, one gold award for a personal could take advantage of the buyback provi- for the local schools for nearly a decade. Flor- essay, ‘‘A Guarantee in Life’’ and last, but not sions to encourage street gangs to disarm ence’s co-workers estimate that she has least, a silver award as well as the American themselves. served or supervised nearly thirteen million Visions award for his mixed media entry in This bill is necessary because, despite the meals over her career. In her time as a food Scholastic Inc.’s national competition. Justin’s extraordinary demonstrated success of the service administrator, she has focused on list of honors and awards confirms his dedica- gun buyback program in the District, local ju- maintaining the quality of the food along with tion to furthering excellence in the arts and risdictions have no readily available funds for its nutritious value. Florence, a respected has rightfully earned him recognition as a similar programs. The District was forced to baker, ensures that all the bread eaten by her leader in the competitive performing arts find money on an ad hoc basis and ran out of students is freshly baked in the school’s kitch- arena. Justin desires to direct films one day in funds despite residents who still desired to en. hopes of reaching the caliber of renowned di- turn in guns. Initially, the District conducted a Mr. Speaker, it is an honor to recognize the rector, Wes Craven. This coming senior year, pilot program using funds from HUD. Con- contributions Florence Frigetto has made to Justin has already lined up five films to fronted with long lines of residents, the Police the health and well being of Colorado’s chil- produce. I have no doubt that Justin’s ambi- Department then took the program citywide, dren. Florence will certainly be missed by the tion, drive and devotion to the arts will prove using drug asset forfeiture funds. Even so, children under her care, as well as by her co- fruitful as he continues to pursue his dream of after using $290,000, the city ran out of funds, workers who have come to know and admire making films. I wish him the best of luck and but not of guns, that could have been col- her remarkable dedication. Florence, I wish all the success that his efforts award him and lected. The guns were a ‘‘good buy’’ but hard- you all the best in your retirement and thank I thank him for being a true role model for pressed jurisdictions, especially big cities, you for your many years of exemplary service. teens everywhere across our country.

VerDate Jan 31 2003 04:09 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JN8.050 E17PT1 June 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1287 PAYING TRIBUTE TO HOWARD thank him for his contributions to the commu- The commitment Howard has exhibited CULP nity before this body of Congress and this na- throughout his 33 years of service in Colo- tion. rado’s schools is truly inspirational. It is clear, HON. SCOTT McINNIS Howard is one of those special people in based on the impact Howard has had on his OF COLORADO our society who chooses his profession based students, that his presence will be truly IN THE HOUSE OF REPRESENTATIVES not on the amount of money he can make but missed. Tuesday, June 17, 2003 rather the difference he can make in the lives Mr. Speaker, our society owes a debt to the Mr. MCINNIS. Mr. Speaker, it is with great of his students. As a fifth and sixth grade Howard Culps of this nation who sacrifice so teacher for eight years and the principal at joy that I recognize an individual today who much to give our youth the tools they need to has spent his life in the service of our youth. Mancos Elementary and Kemper Elementary succeed in life. I am truly honored to recog- Howard Culp has spent 33 years as an educa- Schools in Southwest Colorado for a com- tor in Colorado’s Four Corner’s region. As bined 25 years, Howard has positively im- nize Howard here today and to wish him all Howard begins his retirement, I would like to pacted the lives of thousands of young people. the best in his retirement.

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HIGHLIGHTS House Committee ordered reported the Homeland Security and the Mili- tary Construction appropriations for fiscal year 2004. Senate Chamber Action Executive Communications: Pages S7978–80 Executive Reports of Committees: Page S7980 Routine Proceedings, pages S7943–S8008 Additional Cosponsors: Pages S7980–81 Measures Introduced: Five bills and two resolu- tions, were introduced, as follows: S. 1271–1275, Statements on Introduced Bills/Resolutions: and S. Res. 172–173. Page S7980 Pages S7981–S8005 Measures Reported: Additional Statements: Pages S7977–78 Special Report entitled ‘‘Authorizing Expenditures Notices of Hearings/Meetings: Page S8005 by Committees of the Senate, with respect to S. Res. Authority for Committees to Meet: Pages S8005–06 66’’. (S. Rept. No. 108–73) Page S7980 Privilege of the Floor: Pages S8006–07 Measures Passed: Adjournment: Senate met at 9:30 a.m., and ad- Honoring David Brinkley: Senate agreed to S. journed at 6:34 p.m., until 9:30 a.m., on Wednes- Res. 172, honoring the life of media reporting giant day, June 18, 2003. (For Senate’s program, see the David Brinkley, and expressing the deepest condo- remarks of the Acting Majority Leader in today’s lences of the Senate to his family on his death. Record on page S8008.) Page S8007 Automatic Defibrillation in Adam’s Memory Act: Committee on Health, Education, Labor, and Committee Meetings Pensions was discharged from further consideration of H.R. 389, to authorize the use of certain grant (Committees not listed did not meet) funds to establish an information clearinghouse that provides information to increase public access to CPSC AUTHORIZATION defibrillation in schools, and the bill was then Committee on Commerce, Science, and Transportation: Sub- passed, clearing the measure for the President. committee on Consumer Affairs and Product Safety Page S8008 concluded hearings on proposed legislation author- Prescription Drug and Medicare Improvement izing funds for the Consumer Product Safety Com- Act: Senate continued consideration of S. 1, to mission, after receiving testimony from Hal Stratton, amend title XVIII of the Social Security Act to Chairman, and Mary Sheila Gall and Thomas Moore, make improvements in the Medicare program, to both a Commissioner, and William Duross, General provide prescription drug coverage under the Medi- Counsel, all of the Consumer Product Safety Com- care program. Pages S7947–74 mission; R. David Pittle, Consumers Union, Yon- A unanimous-consent agreement was reached pro- kers, New York; Rachel Weintraub, Consumer Fed- viding for further consideration of the bill at 10 eration of America, Alan Korn, National Safe Kids a.m., on Wednesday, June 18, 2003. Page S8007 Compaign, Stephen Gold, National Association of Messages From the House: Page S7978 Manufacturers, Gary S. Klein, on behalf of the Toy Industry Association, and Robert Polk, on behalf of Measures Referred: Page S7978 the National Association of State Fire Marshals, all Enrolled Bills Presented: Page S7978 of Washington, D.C. D673

VerDate Jan 31 2003 04:11 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JN3.REC D17JN3 D674 CONGRESSIONAL RECORD — DAILY DIGEST June 17, 2003 NATIONAL AQUATIC INVASIVE SPECIES AVIATION AND ENVIRONMENT TREATIES ACT Committee on Foreign Relations: Committee concluded Committee on Environment and Public Works: Sub- hearings to examine the Convention for the Unifica- committee on Fisheries, Wildlife, and Water con- tion of Certain Rules for International Carriage by cluded hearings on S. 525, to amend the Nonindige- Air, done at Montreal May 28, 1999 (Treaty Doc. nous Aquatic Nuisance Prevention and Control Act 106–45), Protocol to Amend the Convention for the of 1990 to reauthorize and improve that Act, after Unification of Certain Rules Relating to Inter- receiving testimony from Senator Levin; Barry T. national Carriage by Air Signed at Warsaw on Octo- Hill, Director, Natural Resources and Environment, ber 12, 1929, done at The Hague September 28, General Accounting Office; Joseph J. Angelo, Direc- 1955 (The Hague Protocol) (Treaty Doc. 107–14), tor of Standards, U.S. Coast Guard, Department of Stockholm Convention on Persistent Organic Pollut- Homeland Security; Matthew Hogan, Assistant Di- ants, with Annexes, done at Stockholm, May 22–23, rector, U.S. Fish and Wildlife Service, Lori Wil- 2001 (Treaty Doc. 107–5), Rotterdam Convention liams, Executive Director, National Invasive Species on the Prior Informed Consent Procedure for Certain Council, both of the Department of the Interior; Hazardous Chemicals and Pesticides in International Timothy R.E. Keeney, Deputy Assistant Secretary of Trade, with Annexes, done at Rotterdam, September Commerce for Oceans and Atmosphere/National 10, 1998 (Treaty Doc. 106–21), Agreement Between Oceanic and Atmospheric Administration; G. Tracy the Government of the United States of America and Mehan III, Assistant Administrator for Water, Envi- the Government of the Russian Federation on the ronmental Protection Agency; Michael W. Hauser, Conservation and Management of the Alaska- Vermont Department of Environmental Conserva- Chukotka Polar Bear Population done at Wash- tion, Waterbury; James M. Beers, Centreville, Vir- ington on October 16, 2001 (Treaty Doc. 107–10), ginia, on behalf of the American Land Rights Asso- Agreement Amending the Treaty Between the Gov- ciation; Sebastian Hargrove, Nature Conservancy of ernment of the United States of America and the Idaho, Hailey; and James H.I. Weakley, Lake Car- Government of Canada on Pacific Coast Albacore riers’ Association, Cleveland, Ohio. Tuna Vessels and Port Privileges done at Wash- BILATERAL FREE TRADE AGREEMENTS ington May 26, 1981 (the ‘‘Treaty’’), effected by an Committee on Finance: Committee held hearings to ex- exchange of diplomatic notes at Washington on July amine the implementation of the U.S. Bilateral Free 17, 2002, and August 13, 2002 (the ‘‘Agreement’’); Trade Agreements with Singapore and Chile, focus- enclosed is the report of the Secretary of State on the ing on efforts to expand trade worldwide, market ac- Agreement and a related agreement, effected by an cess for services, trade in goods and agriculture, elec- exchange of notes at Washington on August 21, tronic commerce, protections for U.S. investors, in- 2002, and September 10, 2002, amending the An- tellectual property rights, receiving testimony from nexes to the Treaty (Treaty Doc. 108–1), and Senator Bond; Peter F. Allgeier, Deputy U.S. Trade Amendments to the 1987 Treaty on Fisheries Be- Representative; Jeffrey R. Shafter, Citigroup Global tween the Governments of Certain Pacific Island Markets, on behalf of the U.S. Singapore Free Trade States and the Government of the United States of Agreement Business Coalition, Sandra Polaski, Car- America, with Annexes and agreed statements, done negie Endowment for International Peace, and Paul at Port Moresby, April 2, 1987, done at Koror, L. Joffee, National Wildlife Federation, all of Wash- Palau, March 30, 1999, and at Kiritimati, Kiribati, ington, D.C.; Norman Sorensen, Principal Inter- March 24, 2002. Also transmitted, related Amend- national, Inc., Des Moines, Iowa, on behalf of the ments to the Treaty Annexes, and the Memorandum Coalition of Service Industries; Jim Jarrett, Intel of Understanding (Treaty Doc. 108–2), after receiv- Corporation, Santa Clara, California, on behalf of the ing testimony from Jeffrey N. Shane, Under Sec- Business Software Alliance and High-Tech Trade Co- retary of Transportation for Policy; and John R. alition; Larry Liebenow, Quaker Fabric Corporation, Byerly, Deputy Assistant Secretary for Transportation Fall River, Massachusetts, on behalf of the U.S. Affairs, and John F. Turner, Assistant Secretary for Chamber of Commerce; Jon Caspers, National Pork Oceans and International Environmental and Sci- Producers Council, Swaledale, Iowa; Keith Schott, entific Affairs, both of the Department of State. Montana Grain Growers Association, Broadview, on behalf of the Montana Stockgrowers Association; and BUSINESS MEETING David Johnson, Warner Music Group, New York, Committee on Governmental Affairs: Committee ordered New York, Entertainment Industry Coalition for favorably reported the following business items: Free Trade. S. 481, to amend chapter 84 of title 5, United Hearings recessed subject to the call. States Code, to provide that certain Federal annuity

VerDate Jan 31 2003 04:11 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JN3.REC D17JN3 June 17, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D675 computations are adjusted by 1 percentage point re- enue in Marceline, Missouri, as the ‘‘Walt Disney lating to periods of receiving disability payments; Post Office Building’’; S. 589, to strengthen and improve the manage- H.R. 825, to redesignate the facility of the United ment of national security, encourage Government States Postal Service located at 7401 West 100th service in areas of critical national security, and to Place in Bridgeview, Illinois, as the ‘‘Michael J. assist government agencies in addressing deficiencies Healy Post Office Building’’; in personnel possessing specialized skills important H.R. 917, to designate the facility of the United to national security and incorporating the goals and States Postal Service located at 1830 South Lake strategies for recruitment and retention for such Drive in Lexington, South Carolina, as the ‘‘Floyd skilled personnel into the strategic and performance Spence Post Office Building’’; management systems of Federal agencies; H.R. 925, to redesignate the facility of the United S. 610, to amend the provisions of title 5, United States Postal Service located at 1859 South Ashland States Code, to provide for workforce flexibilities and Avenue in Chicago, Illinois, as the ‘‘Cesar Chavez certain Federal personnel provisions relating to the Post Office’’; National Aeronautics and Space Administration, H.R. 981, to designate the facility of the United with an amendment in the nature of a substitute; States Postal Service located at 141 Erie Street in S. 678, to amend chapter 10 of title 39, United Linesville, Pennsylvania, as the ‘‘James R. Merry States Code, to include postmasters and postmasters Post Office’’; organizations in the process for the development and H.R. 985, to designate the facility of the United planning of certain policies, schedules, and pro- States Postal Service located at 111 West Wash- grams, with an amendment; ington Street in Bowling Green, Ohio, as the ‘‘Del- S. 908, to establish the United States Consensus bert L. Latta Post Office Building’’; Council to provide for a consensus building process H.R. 1055, to designate the facility of the United in addressing national public policy issues, with an States Postal Service located at 1901 West Evans amendment; Street in Florence, South Carolina, as the ‘‘Dr. S. 910, to ensure the continuation of non-home- Roswell N. Beck Post Office Building’’; land security functions of Federal agencies transferred H.R. 1368, to designate the facility of the United to the Department of Homeland Security, with an States Postal Service located at 7554 Pacific Avenue amendment; in Stockton, California, as the ‘‘Norman D. Shum- way Post Office Building’’; S. 926, to amend section 5379 of title 5, United H.R. 1465, to designate the facility of the United States Code, to increase the annual and aggregate States Postal Service located at 4832 East Highway limits on student loan repayments by Federal agen- 27 in Iron Station, North Carolina, as the ‘‘General cies; Charles Gabriel Post Office’’; S. 1166, to establish a Department of Defense na- H.R. 1596, to designate the facility of the United tional security personnel system, with amendments; States Postal Service located at 2318 Woodson Road S. 1245, to provide for homeland security grant in St. Louis, Missouri, as the ‘‘Timothy Michael coordination and simplification, with amendments; Gaffney Post Office Building’’; S. 508, to designate the facility of the United H.R. 1609, to redesignate the facility of the States Postal Service located at 1830 South Lake United States Postal Service located at 201 West Drive in Lexington, South Carolina, as the ‘‘Floyd Boston Street in Brookfield, Missouri, as the ‘‘Admi- Spence Post Office Building’’; ral Donald Davis Post Office Building’’; S. 708, to redesignate the facility of the United H.R. 1740, to designate the facility of the United States Postal Service located at 7401 West 100th States Postal Service located at 1502 East Kiest Bou- Place in Bridgeview, Illinois, as the ‘‘Michael J. levard in Dallas, Texas, as the ‘‘Dr. Caesar A.W. Healy Post Office Building’’; Clark, Sr. Post Office Building’’; S. 867, to designate the facility of the United H.R. 2030, to designate the facility of the United States Postal Service located at 710 Wick Lane in States Postal Service located at 120 Baldwin Avenue Billings, Montana, as the ‘‘Ronald Reagan Post Of- in Paia, Maui, Hawaii, as the ‘‘Patsy Takemoto Mink fice Building’’; Post Office Building’’; and S. 1145, to designate the facility of the United The nominations of Michael J. Garcia, of New States Postal Service located at 120 Baldwin Avenue York, to be an Assistant Secretary of Homeland Se- in Paia, Maui, Hawaii, as the ‘‘Patsy Takemoto Mink curity for Immigration and Customs Enforcement, C. Post Office Building’’; Stewart Verdery, Jr., of Virginia, to be an Assistant S. 1207, to redesignate the facility of the United Secretary of Homeland Security, Susanne T. Mar- States Postal Service located at 120 East Ritchie Av- shall, of Virginia, to be Chairman, and Neil McPhie,

VerDate Jan 31 2003 04:11 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JN3.REC D17JN3 D676 CONGRESSIONAL RECORD — DAILY DIGEST June 17, 2003 of Virginia, to be a Member, both of the Merit Sys- proaches, after receiving testimony from Senators tems Protection Board, Terrence A. Duffy, of Illi- Grassley and Wyden; Walter J. Stewart, Secretary of nois, to be a Member of the Federal Retirement the United States Emeritus, and Sarah A. Binder, Thrift Investment Board, Albert Casey, of Texas, to Brookings Institution, both of Washington, D.C.; be a Governor of the United States Postal Service, Joseph Cooper, Johns Hopkins University Depart- and James C. Miller III, of Virginia, to be a Gov- ment of Political Science, Baltimore, Maryland; C. ernor of the United States Postal Service. Lawrence Evans, College of William and Mary, Wil- liamsburg, Virginia; and Steven S. Smith, Wash- PHARMACEUTICAL MARKETPLACE ington University Murray Weidenbaum Center on BARRIERS the Economy, Government, and Public Policy; St. Committee on the Judiciary: Committee concluded Louis, Missiouri. hearings to examine the legislative and regulatory re- sponses to the Federal Trade Commission Study on NOMINATIONS barriers to entry in the pharmaceutical marketplace, Committee on Veterans’ Affairs: Committee concluded after receiving testimony from former Senator How- hearings to examine the nominations of Alan G. ard Metzenbaum; Timothy J. Muris, Chairman, Fed- Lance, Sr., of Idaho, who was introduced by Senators eral Trade Commission; Dan Troy, Chief Counsel for Craig and Crapo, and Lawrence B. Hagel, of Vir- Food and Drugs, Food and Drug Administration, ginia, both to be a Judge of the United States Court Department of Health and Human Services; Sheldon of Appeals for Veterans Claims, after the nominees T. Bradshaw, Deputy Assistant Attorney General, testified and answered questions in their own behalf. Office of Legal Counsel, Department of Justice; and NOMINATION Kathleen Jaeger, Generic Pharmaceutical Association, and Bruce Kuhlik, Pharmaceutical Research and Select Committee on Intelligence: Committee concluded Manufacturers of America, both of Washington, hearings to examine the nomination of Frank D.C. Libutti, of New York, to be Under Secretary for In- formation Analysis and Infrastructure Protection, PEER-TO-PEER FILE SHARING Department of Homeland Security, after the nomi- Committee on the Judiciary: Committee concluded nee testified and answered questions in his own be- hearings to examine whether personal and national half. security risks compromise the potential of Peer-to- SENIOR HOUSING Peer File-Sharing programs, which are Internet ap- plications that allow users to download and share Special Committee on Aging: Committee concluded electronic files from other users on the same net- oversight hearings to examine the Department of work, after receiving testimony from Senator Fein- Housing and Urban Development Section 202 Sup- stein; Representatives Tom Davis and Waxman; portive Housing Services program which targets the Randy Saaf, MediaDefender, Inc., Los Angeles, Cali- housing needs of low- to very low-income elderly, fornia; Alan Morris, Sharman Networks Limited, focusing on Federal efforts to provide affordable Sydney, Australia; Chris Murray, Consumers Union, housing for low-income seniors, after receiving testi- Washington, D.C.; Nathaniel Good, University of mony from John Weicher, Assistant Secretary of California, Berkeley; and Aaron Krekelberg, Univer- Housing and Urban Development and Federal Hous- sity of Minnesota, Minneapolis. ing Administration Commissioner; David G. Wood, Director of Financial Markets and Community In- SECRET HOLDS vestment, General Accounting Office; Cynthia Robin Committee on Rules and Administration: Committee Keller, Volunteers of America, Alexandria, Virginia; concluded hearings to examine Senate Resolution Tom Herlihy, National Church Residences, Colum- 151, requiring public disclosure of notices of objec- bus, Ohio; and Lee Ann Hubanks, Plano Community tions (holds) to proceedings to motions or measures Homes, Inc., Plano, Texas, on behalf of the Amer- in the Senate, focusing on reforms, unanimous con- ican Association of Homes and Services for the sent, bargaining tactics, leaders, and alternative ap- Aging.

VerDate Jan 31 2003 04:11 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JN3.REC D17JN3 June 17, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D677 House of Representatives vide decent homes for the people of the United Chamber Action States (agreed to by 2⁄3 yea-and-nay vote of 421 yeas Measures Introduced: 13 public bills, H.R. to 1 nay, Roll No. 283). Pages H5424–31, H5444 2488–2500; and 1 resolution, H. Con. Res. 221, Keeping Children and Families Safe Act: The were introduced. Page H5467 House agreed to the conference report on Consider- Additional Cosponsors: Pages H5468–69 ation of the conference report on S. 342, to amend Reports Filed: the Child Abuse Prevention and Treatment Act to Reports were filed today as follows: make improvements to and reauthorize programs H. Res. 281, providing for consideration of H.R. under that Act by yea-and-nay vote of 421 yeas to 8, to make the repeal of the estate tax permanent 3 nays, Roll No. 282. Pages H5439–44 (H. Rept. 108–157); The House agreed to H. Res. 276, the rule that H. Res. 282, providing for consideration of H.R. waived points of order against the conference report 1528, to amend the Internal Revenue Code of 1986 by voice vote. Earlier agreed to order the previous to protect taxpayers and ensure accountability of the question by yea-and-nay vote of 226 yeas to 200 Internal Revenue Service (H. Rept. 108–158); and nays, Roll No. 279. Pages H5431–37 H.R. 2330, to sanction the ruling Burmese mili- Availability of Classified Documents: Chairman tary junta, to strengthen Burma’s democratic forces Goss announced that the Permanent Select Com- and support and recognize the National League of mittee on Intelligence has authorized access to any Democracy as the legitimate representative of the Member of the House who wishes to review certain Burmese people, amended (H. Rept. 108–159, Pt. documents provided to the Committee by the Direc- 1). Page H5467 tor of Central Intelligence relating to the available Guest Chaplain: The prayer was offered by the intelligence concerning Iraq’s weapons of mass de- guest Chaplain, Dr. David Halpern, Rabbi, Flatbush struction program and Iraq’s ties to terrorist groups Park Jewish Center of Brooklyn, New York. prior to the commencement of hostilities in Iraq. Pages H5416–17 Chairman Goss also announced that the Permanent Select Committee on Intelligence ordered H.R. Recess: The House recessed at 11:10 a.m. and re- 2417, the Intelligence Authorization Act for Fiscal convened at 12 noon. Page H5416 Year 2004, reported favorably to the House with an Suspensions: The House agreed to suspend the rules amendment. The Classified Schedule of Authoriza- and pass the following measures: tions and the Classified Annex that accompanies the Commending the University of Minnesota Du- bill will be available for review by Members after luth Bulldogs for winning the NCAA Women’s Ice the bill is filed. Pages H5438–39 Hockey Championship: H. Res. 171, commending Recess: The House recessed at 3:34 p.m. and recon- the University of Minnesota Duluth Bulldogs for vened at 4:45 p.m. Page H5443 winning the NCAA 2003 National Collegiate Wom- Late Report: The Permanent Select Committee on en’s Ice Hockey Championship (agreed to by 2⁄3 yea- Intelligence received permission to have until mid- and-nay vote of 423 yeas with none voting ‘‘nay’’, night on June 17 to file a report on H.R. 2417, In- Roll No. 280); Pages H5418–21, H5437–38 telligence Authorization Act for Fiscal year 2004. SEC Accountant, Compliance, and Enforcement Page H5445 Staffing Act: H.R. 658, to provide for the protec- Senate Message: Message received from the Senate tion of investors, increase confidence in the capital today appear on pages H5411. markets system, and fully implement the Sarbanes- Oxley Act of 2002 by streamlining the hiring proc- Referral: S. 246, S. 500, S. 520, S. 625, S. 635, S. ess for certain employment positions in the Securities 1015. Page H5466 and Exchange Commission (agreed to by 2⁄3 yea-and- Quorum Calls—Votes: Five yea-and-nay votes and nay vote of 423 yeas with none voting ‘‘nay’’, Roll recorded votes developed during the proceedings of No. 281); and’’ Pages H5421–24, H5438 the House today and appear on pages H5436–37, Support for Activities to Provide Decent Homes H5437–38, H5438, H5443–44, H5444–45. There for the People of the United States: S. Con. Res. 43, were no quorum calls. expressing the sense of Congress that Congress Adjournment: The House met at 10:30 a.m. and should participate in and support activities to pro- adjourned at 8:34 p.m.

VerDate Jan 31 2003 04:11 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JN3.REC D17JN3 D678 CONGRESSIONAL RECORD — DAILY DIGEST June 17, 2003 OCCUPATIONAL SAFETY AND HEALTH- Committee Meetings FAIRNESS ACT FOOD SECURITY ACT AMENDMENTS; Committee on Education and Workforce: Subcommittee BIOTECHNOLOGY IN AGRICULTURE on Workforce Protections held a hearing on H.R. 1583, Occupational Safety and Health-Fairness Act Committee on Agriculture: Subcommittee on Conserva- of 2003, focusing on Small Business and Workplace tion, Credit, Rural Development and Research ap- Safety. Testimony was heard from public witnesses. proved for full Committee action, as amended, H.R. 11907, to amend the Food Security Act of 1985 to MEDICARE PRESCRIPTION DRUG AND ensure the availability of funds to provide technical MODERNIZATION ACT assistance for certain conservation programs of the Committee on Energy and Commerce: Began consider- Department of Agriculture. ation of H.R. 2473, Medicare Prescription Drug and The Subcommittee also held a hearing to review Modernization Act of 2003. Biotechnology in Agriculture. Testimony was heard Will continue tomorrow. from David Hegwood, Special Counsel to the Sec- retary, USDA; Lester M. Crawford, Deputy Commis- FAIR CREDIT REPORTING ACT— sioner, Food and Drugs, FDA, Department of Health BACKGROUND CHECKS AND MEDICAL and Human Services; and Stephen L. Johnson, As- INFORMATION sistant Administrator, Office of Prevention, Pes- Committee on Financial Services: Subcommittee on Fi- ticides, and Toxic Substances, EPA. nancial Institutions and Consumer Credit held a hearing on the role of FCRA in employee back- HOMELAND SECURITY AND MILITARY ground checks and the collection of medical informa- CONSTRUCTION APPROPRIATIONS; tion. Testimony was heard from public witnesses. SUBALLOCATION OF BUDGET SECTION 8 HOUSING ASSISTANCE ALLOCATIONS REPORTS PROGRAM Committee on Appropriations: Ordered reported the fol- Committee on Financial Services: Subcommittee on lowing appropriations for fiscal year 2004; Home- Housing and Community Opportunity continued land Security; and Military Construction. hearings on Section 8 Housing Assistance Program: The Committee also approved the following: Re- Promoting Decent Affordable Housing for Families vised Suballocation of Budget Allocations Report, and Individuals who Rent. Testimony was heard Fiscal Year 2003; and the Suballocation of Budget from public witnesses. Allocations Report, Fiscal Year 2004. FEDERAL DEBT MANAGEMENT—ARE AGRICULTURE, RURAL DEVELOPMENT, AGENCIES USING COLLECTION TOOLS FDA AND RELATED AGENCIES EFFECTIVELY? APPROPRIATIONS Committee on Government Reform: Subcommittee on Committee on Appropriations: Subcommittee on Agri- Government Efficiency and Financial Management culture, Rural Development, Food and Drug Admin- held a hearing on ‘‘Federal Debt Management—Are istration and Related Agencies approved for full Agencies Using Collection Tools Effectively?’’ Testi- Committee action the Agriculture, Rural Develop- mony was heard from Richard L. Gregg, Commis- ment, Food and Drug Administration and Related sioner, Financial Management Service, Department of Agencies appropriations for Fiscal Year 2004. the Treasury; William H. Campbell, Assistant Sec- retary, Management, Department of Veterans Affairs; ULLICO SCANDAL—IMPLICATIONS FOR Theresa S. Shaw, Chief Operating Officer, Federal U.S. WORKERS Student Aid, Department of Education; and a public witness. Committee on Education and the Workforce: Held a hear- ing on ‘‘The ULLICO Scandal and its Implications MISCELLANEOUS MEASURES for U.S. Workers.’’ Testimony was heard from War- Committee on International Relations: Ordered reported ren E. Nowlin, Partner, Williams Mullen and H. Res. 277, expressing support for freedom in Damon Silvers, Special Counsel to the Chairman, Hong Kong. ULLICO Inc. The Committee also unfavorably reported H. Res. In failing to respond to questions, Robert A. 260, requesting the President to transmit to the Georgine, former President, Chairman and CEO, House of Representatives not later than 14 days after ULLICO Inc., invoked constitutional privileges. the date of the adoption of this resolution documents

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or other materials in the President’s possession relat- a substitute recommended by the Committee on ing to Iraq’s weapons of mass destruction. Ways and Means, as modified by the amendment TRANSATLANTIC RELATIONS FUTURE printed in Part A of the Rules Committee report ac- companying the resolution, shall be considered as Committee on International Relations: Subcommittee on read. The rule waives all points of order against the Europe held a hearing on the Future of Transatlantic bill, as amended. The rule provides for consideration Relations: A View from Europe. Testimony was heard from public witnesses. of the amendment printed in Part B of the report, if offered by Representative Rangel or his designee, INTELLECTUAL PROPERTY RESTORATION which shall be considered as read and shall be sepa- ACT rately debatable for one hour equally divided and Committee on the Judiciary: Subcommittee on Courts, controlled by the proponent and an opponent. The the Internet, and Intellectual Property held a hearing rule waives all points of order against the amend- on H.R. 2344, Intellectual Property Restoration Act ment printed in Part B of the report. Finally, the of 2003. Testimony was heard from MaryBeth Pe- rule provides one motion to recommit with or with- ters, Register of Copyrights, Library of Congress; and out instructions. Testimony was heard from Rep- public witnesses. resentative Portman and Visclosky. MISCELLANEOUS MEASURES SMALL BUSINESS HEALTH FAIRNESS ACT Committee on Resources: Subcommittee on National Parks, Recreation and Public Lands held a hearing Committee on Rules: Heard testimony from Chairman on the following bills: H.R. 1616, Martin Luther Boehner and Representatives Andrews, Woolsey, King, Junior, National Historic Land Exchange Act; Hinojosa, Kind and Kucinich, but action was de- and H.R. 1964, Highland Stewardship Act. Testi- ferred on H.R. 660, Small Business Health Fairness mony was heard from Representatives Lewis of Geor- Act of 2003. gia, Frelinghuysen, Garrett, Kelly and Saxton; Randy Jones, Deputy Director, National Park Service, De- TASK FORCE REPORT—IMPROVE HEALTH partment of the Interior; David Tenny, Deputy CARE DELIVERY FOR VETERANS Under Secretary, Natural Resources and the Environ- Committee on Veterans’ Affairs: Concluded hearings on ment, USDA; and public witnesses. the Report of the Administration’s Task Force to DEATH TAX REPEAL PERMANENCY ACT improve Health Care Delivery for our Nation’s Vet- Committee on Rules: Granted, by voice vote, a modi- erans. Testimony was heard from Leo S. Mackay, Jr., fied closed rule providing 1 of debate in the House Deputy Secretary, Department of Veterans Affairs; on H.R. 8, Death Tax Repeal Permanency Act of David S.C. Chu, Under Secretary, Personnel and 2003. The rule provides for consideration of the Readiness, Department of Defense; the following of- amendment in the nature of a substitute printed in ficials of the President’s Task Force to Improve the Rules Committee report accompanying the reso- Health Care: Charles R. Anthony, Mack G. Fleming, lution, if offered by Representative Pomeroy or his Susan M. Schwartz, Robert W. Spanogle and Harry designee, which shall be considered as read and shall N. Walters, all Commissioners; and representatives be separately debatable for one hour equally divided of veterans organizations. and controlled by the proponent and an opponent. The rule waives all points of order against the MEDICARE PRESCRIPTION DRUG AND amendment printed in the report. Finally, the rule MODERNIZATION ACT provides one motion to recommit with or without instructions. Testimony was heard from Representa- Committee on Ways and Means: Ordered reported, as tives Dunn, Leach, Pomeroy and Hooley of Oregon. amended, H.R. 2473, Medicare Prescription Drug and Modernization Act of 2003. TAXPAYER PROTECTION AND IRS ACCOUNTABILITY ACT BRIEFING—NSA OPERATIONS Committee on Rules: Committee granted, by voice vote Permanent Select Committee on Intelligence: Sub- a modified closed rule providing 1 hour of debate in committee on Technical and Tactical Intelligence the House on H.R. 1528, Taxpayer Protection and met in executive session to receive a briefing on IRS Accountability Act of 2003. The rule waives all NSA Operations. The Subcommittee was briefed by points of order against consideration of the bill. The departmental witnesses. rule provides that the amendment in the nature of

VerDate Jan 31 2003 04:11 Jun 18, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JN3.REC D17JN3 D680 CONGRESSIONAL RECORD — DAILY DIGEST June 17, 2003 COMMITTEE MEETINGS FOR WEDNESDAY, Committee on Appropriations, Subcommittee on Com- JUNE 18, 2003 merce, Justice, State, Judiciary and Related Agencies, hearing on FBI Reorganization, 1 p.m., 2359 Rayburn. (Committee meetings are open unless otherwise indicated) Subcommittee on Defense, executive, to mark up ap- Senate propriations for fiscal year 2004, 3 p.m., H–140 Capitol. Subcommittee on Interior and Related Agencies, to Committee on Agriculture, Nutrition, and Forestry: business mark up appropriations for fiscal year 2004, 10 a.m., meeting to consider the nominations of Thomas C. Dorr, B–308 Capitol. of Iowa, to be a Member of the Board of Directors of the Committee on Armed Services, hearing on worldwide U.S. Commodity Credit Corporation, vice Jill L. Long, re- military commitments, 1 p.m., 2118 Rayburn. signed, and Thomas C. Dorr, of Iowa, to be Under Sec- Committee on the Budget, hearing on Waste, Fraud and retary of Agriculture for Rural Development, 9:30 a.m., Abuse in Federal Mandatory Programs, 10 a.m., 210 Can- SR–328A. non. Committee on Banking, Housing, and Urban Affairs: to Committee on Education and the Workforce, to mark up hold hearings to examine the New Basel Capital Accord, H.R. 2210, School Readiness Act of 2003, 10 a.m., 2175 a proposal issued by the Basel Committee on Banking Su- Rayburn. pervision to make final modifications for a new capital Committee on Energy and Commerce, to continue consider- adequacy framework, 10 a.m., SD–538. ation of H.R. 2473, Medicare Prescription Drug and Full Committee, business meeting to consider S. 498, Modernization Act of 2003, 10 a.m., 2123 Rayburn. to authorize the President to posthumously award a gold Committee on Financial Services, Subcommittee on Capital medal on behalf of Congress to Joseph A. De Laine in Markets, Insurance, and Government Sponsored Enter- recognition of his contributions to the Nation, and the prises, hearing on H.R. 2420, Mutual Funds Integrity proposed Check Truncation Act of 2003, 2 p.m., SD–538. and Fee Transparency Act of 2003, 10 a.m., 2128 Ray- Committee on Foreign Relations: Subcommittee on East burn. Asian and Pacific Affairs, to hold hearings to examine the Subcommittee on Domestic and International Monetary development of democracy in Burma, to be immediately Policy, Trade, and Technology, to consider H.R. 2243, to followed by full committee hearings to examine the provide for the participation of the United States in the nominations of Robert W. Fitts, of New Hampshire, to thirteenth replenishment of the resources of the Inter- be Ambassador to Papua New Guinea, Solomon Islands, national Development Associate, the seventh replenish- and Vanuatu, and Greta N. Morris, of California, to be ment of the resources of the Asian Development Fund, Ambassador to the Marshall Islands, 2:30 p.m., SD–419. and the ninth replenishment of the resources of the Afri- Full Committee, to hold hearings to examine the can Development Fund, 2 p.m., 2128 Rayburn. nominations of John E. Herbst, of Virginia, to be Ambas- Committee on Government Reform, Subcommittee on Na- sador to Ukraine, Tracey Ann Jacobson, of the District of tional Security, Emerging Threats and International Rela- Columbia, to be Ambassador to Turkmenistan, and tions, hearing on ‘‘Visa Revocations: Catching the Terror- George A. Krol, of New Jersey, to be Ambassador to the ists Among Us,’’ 11:30 a.m., 2154 Rayburn. Republic of Belarus, 4 p.m., S–116, Capitol. Committee on International Relations, Subcommittee on Committee on Governmental Affairs: to hold hearings to East Asia and the Pacific, hearing on Reauthorizing the examine the nominations of Fern Flanagan Saddler, Ju- Compacts of Free Association with Micronesia and the dith Nan Macaluso, Joseph Michael Francis Ryan III, and Marshall Islands, 1:30 p.m., 2172 Rayburn. Jerry Stewart Byrd, all of the District of Columbia, each Committee on Resources, hearing on the following bills: to be an Associate Judge of the Superior Court of the H.R. 884, Western Shoshone Claims Distribution Act; District of Columbia, 9:30 a.m., SD–342. and H.R. 1409, Eastern Band of Cherokee Indians Land Committee on Health, Education, Labor, and Pensions: Sub- Exchange Act of 2003, 10 a.m., 1324 Longworth. committee on Employment, Safety, and Training, to hold Committee on Rules, to report the rule on H.R. 660, hearings to examine proposed legislation authorizing Small Business Health Fairness Act of 2003, 1:30 p.m., funds for the Workforce Investment Act, 10 a.m., H–313 Capitol. SD–430. Committee on Small Business, hearing on the Committee on Indian Affairs: to hold oversight hearings Globalization of White-Collar Jobs: Can America Lose to examine Native American sacred places, 10 a.m., These Jobs and Still Prosper? 2 p.m., 2360 Rayburn. SR–485. Committee on Transportation and Infrastructure, Sub- Committee on the Judiciary: Subcommittee on Antitrust, committee on Economic Development, Public Buildings Competition Policy and Consumer Rights, to hold hear- and Emergency Management, to mark up the following: ings to examine the NewsCorp/DirecTV deal, focusing on Reauthorizing the Economic Development Administra- global distribution, 2:30 p.m., SD–226. tion; and other pending business, 10 a.m., 2253 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Over- House sight and Investigations, hearing to assess the Depart- Committee on Agriculture, hearing to review multilateral ment of Veterans Affairs’ management of the human sub- and bilateral agricultural trade negotiations, 10 a.m., ject protections maintained in its nationwide research 1300 Longworth. programs, 10 a.m., 334 Cannon.

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Permanent Select Committee on Intelligence, executive, hear- Subcommittee on Terrorism and Homeland Security, ing on Iraq WMD, 12 p.m., H–405 Capitol. executive, hearing on Terrorist Financing, 10 a.m., Subcommittee on Intelligence Policy and National Se- H–405 Capitol. curity, executive, briefing on Counterproliferation and Counternarcotics, 2 p.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 18 10 a.m., Wednesday, June 18

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 8, morning business (not to extend beyond 10 a.m.), Senate Death Tax Repeal Permanency Act (modified closed rule, will continue consideration of S. 1, to amend title XVIII one hour of general debate); and of the Social Security Act to make improvements in the Consideration of H.R. 1528, Taxpayer Protection and Medicare program, to provide prescription drug coverage IRS Accountability Act (modified closed rule, one hour under the Medicare program. of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE DeLauro, Rosa L., Conn., E1274, E1275 Ortiz, Solomon P., Tex., E1279 Gallegly, Elton, Calif., E1277 Pitts, Joseph R., Pa., E1277 Acevedo-Vila´ , Anı´bal, Puerto Rico, E1278 Gillmor, Paul E., Ohio, E1274, E1276 Rodriguez, Ciro D., Tex., E1273, E1275, E1276 ´ Baldwin, Tammy, Wisc., E1283 Hinojosa, Ruben, Tex., E1277 Ryun, Jim, Kans., E1283 Berman, Howard L., Calif., E1278 Hoyer, Steny H., Md., E1274, E1275 Schiff, Adam B., Calif., E1279 Bordallo, Madeleine Z., Guam, E1283 Johnson, Eddie Bernice, Tex., E1284 ´ Brady, Kevin, Tex., E1279 Jones, Stephanie Tubbs, Ohio, E1278 Serrano, Jose E., N.Y., E1282 Brown-Waite, Ginny, Fla., E1277 McCarthy, Karen, Mo., E1285 Shimkus, John, Ill., E1280 Capito, Shelley Moore, W.Va., E1277 McDermott, Jim, Wash., E1279 Smith, Nick, Mich., E1280, E1281, E1282 Clyburn, James E., S.C., E1284 McInnis, Scott, Colo., E1279, E1281, E1282, E1283, Udall, Tom, N.M., E1280, E1281 Coble, Howard, N.C., E1277 E1283, E1284, E1285, E1286, E1287 Visclosky, Peter J., Ind., E1273, E1274, E1276 Crenshaw, Ander, Fla., E1277 Menendez, Robert, N.J., E1279 Weldon, Curt, Pa., E1282 Cummings, Elijah E., Md., E1281 Murphy, Tim, Pa., E1286 Wilson, Joe, S.C., E1284 Davis, Tom, Va., E1284 Norton, Eleanor Holmes, D.C., E1285

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