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

Vol. 149 WASHINGTON, THURSDAY, MARCH 27, 2003 No. 50 House of Representatives The House met at 10 a.m. Spirit. May it be said that the world is spiring and mentoring her students. It Sister Benedict Kesock, O.S.B., Prin- a better place because we are here. has been a labor of love the entire cipal, St. Charles School, Arlington, Amen. time, and it has been reciprocated. Virginia, offered the following prayer: f In 1999, we thought we were going to Lord God, what a great idea to make lose Sister. She went to Arlington Hos- THE JOURNAL us all different. pital. They would not operate; they did May we come to know one another The SPEAKER. The Chair has exam- not think it was worth it. So she went and the ministry to which we have ined the Journal of the last day’s pro- to Washington Hospital Center and got been called, especially those who meet ceedings and announces to the House a six-way heart bypass in 1999, a six- within these great walls. You have his approval thereof. way bypass. And she is still ticking, as asked us to be leaders, caretakers, role Pursuant to clause 1, rule I, the Jour- you can see. She believes there must models. Be with us as our counselor nal stands approved. have been some reason that God saw to and our support as we continue the journey of ministering to others and to f keep her with us. one another in a world of turbulence. PLEDGE OF ALLEGIANCE This institution is terribly proud to have had Sister Benedict give us the All that lies ahead of us is yet unseen. The SPEAKER. Will the gentleman We pray for our President and his ad- invocation today. Her life is a testa- from Georgia (Mr. BURNS) come for- visors, for all those who make deci- ment to her faith. ward and lead the House in the Pledge sions which affect our lives on a daily of Allegiance. She gave us one little story that I basis. We pray, especially, for our mili- Mr. BURNS led the Pledge of Alle- think some of you who may have been tary families, those who are separated giance as follows: educated in Catholic schools might re- at this time, for those who have lost late to. A former male student of hers their lives, and for their families; for I pledge allegiance to the Flag of the was driving by the school where there the people of Iraq, for their suffering United States of America, and to the Repub- lic for which it stands, one nation under God, is a lot of new construction going on. homeland. indivisible, with liberty and justice for all. They were building a new center. There We are a family of nations. Experi- was an enormous construction hole in f ence and history has taught that com- the ground. So one of the thousands of munity formed out of diversity is dy- WELCOMING SISTER BENEDICT boys she straightened out, after seeing namic and beautiful. Lord, keep us mo- KESOCK, O.S.B., PRINCIPAL, ST. it, called her on his car phone to tell tivated and challenged that we may CHARLES SCHOOL, ARLINGTON, her, ‘‘Sister, I didn’t do it.’’ Those of gain an ability to listen to one another VIRGINIA you who are listening may be able to and to grow. There can be unity and (Mr. MORAN of Virginia asked and relate to that feeling. strength in our diversity. May our dif- was given permission to address the The fact is, Sister Benedict did do it. ferences be stepping-stones to a lasting House for 1 minute and to revise and She has helped build a school, the new peace and to a new tomorrow. We ask You, Lord, to renew our hu- extend his remarks.) St. Charles Center and a community of manity in Your image and likeness and Mr. MORAN of Virginia. Mr. Speak- faith in Northern Virginia. She has to introduce us into a world where all er, the invocation, the prayer for taught and inspired hundreds of stu- hostile forces are overcome. We pray today, was delivered by Sister Benedict dents every year for nearly 30 years. for those who need to have a change of Kesock. Sister Benedict is a Bene- She is what makes this country run so heart, for a world where we commu- dictine Sister. She entered the Order in well. nicate in love, joy and peace, for and 1954, and for the last 29 years she has Sister Benedict, thank you for every- with the people of our universe. been at St. Charles School in Arling- thing you have contributed throughout Father, fill our hearts, our homes, ton, Virginia, 27 of those years as prin- your life; and thank you for giving us our Nation, our world with peace, and cipal. She has served under nine pas- the prayer this morning. let it begin with each one of us. tors and three bishops. She has trained We especially remember this morn- all of them and probably outlived most f ing our dear friend and colleague Sen- of them all. Sister Benedict is an institution at ator Daniel Patrick Moynihan and his ANNOUNCEMENT BY THE SPEAKER family. St. Charles and in Arlington County, Feel the Spirit. Live the Spirit. Virginia. She has dedicated her life to The SPEAKER. There will be five 1- Spread the Spirit. Lord, we are the God and served God by teaching and in- minutes per side.

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 Dec 13 2002 00:56 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.000 H27PT1 H2404 CONGRESSIONAL RECORD — HOUSE March 27, 2003 VOICES OF CRITICISM HONORING CRAIG DURFEY FOR their families, their safety and their (Mr. PITTS asked and was given per- HIS FIGHT AGAINST AUTISM rapid return. mission to address the House for 1 (Ms. LORETTA SANCHEZ of Cali- f minute and to revise and extend his re- fornia asked and was given permission b 1015 marks.) to address the House for 1 minute and to revise and extend her remarks.) SUPREME COURT TO RULE ON Mr. PITTS. Mr. Speaker, this week AFFIRMATIVE ACTION has reminded us that war is serious Ms. LORETTA SANCHEZ of Cali- business. Each day we see our brave fornia. Mr. Speaker, I rise today to (Ms. JACKSON-LEE of Texas asked soldiers on TV making great progress honor Craig Durfey for his tireless and was given permission to address against Saddam Hussein and his brutal work in the fight against autism. the House for 1 minute and to revise regime. Now, more than ever, the Craig is the founder of Parents for and extend her remarks.) troops need our support and encourage- the Rights of Developmentally Dis- Ms. JACKSON-LEE of Texas. Mr. ment. abled Children. As a father of children Speaker, there is not a morning or a Mr. Speaker, we should stay united with autism, he knows firsthand the day, in light of the raging winds of war behind our troops. Our troops do not difficulties that come with dealing that our young men and women are need to hear criticism of their mission with this dreaded disease. facing in faraway places, that one from this body or this Capitol. When Today autism is a national crisis sometimes may wonder about the im- their Nation’s leaders question their that affects nearly 1.5 million children. portance of the work of this body. So I mission, I can tell you, as a combat According to recent studies, as many rise this morning to again ask our Na- veteran, it is discouraging. It is tough as one in every 250 children born today tion to be reminded of those brave to stay focused when the leaders you will be diagnosed with autism. Autism young men and women, those who are look to for strength are not in your costs the Nation between $20 billion fighting, as well as those who trag- corner. and $60 billion annually, and the pro- ically have now lost their lives and their mourning families and, as well, Most people disregard professional jection for the next 10 years will be the POWs who are waiting to return protestors, especially when they see that it will cost $400 billion. home to their loved ones. their placards saying ‘‘capitalism is Autistic children go to doctors three times more often than normal children, It seems almost that we should step the problem.’’ But when they hear aside from issues dealing with ordinary their leaders criticizing their mission and many times families must travel hundreds of miles to see a knowledge- life. But I might ask, Mr. Speaker, that to liberate the people of Iraq from a as our brave troops are fighting for brutal tyrant and his thugs who rule by able doctor that understands autism. Craig has been working tirelessly to freedom, and we respect and honor terror, that is disheartening. them, that on April 1, 2003, the Su- Mr. Speaker, I urge my colleagues to provide funding for programs in my community and in the Nation that preme Court will hear what I believe stop making our Capitol building a will be the most challenging civil platform to criticize the war and our would train social service and law en- forcement personnel on how to identify rights argument in the last 50 years. troops. That only hurts our troops in Many of those troops are impacted by the field. children with this type of disability. I applaud Craig for his efforts, and I this argument, and that is the decision will continue to work on his behalf of whether or not to make affirmative f with my colleagues in the Congres- action unconstitutional. sional Coalition for Autism Research Affirmative action, as we know, is ‘‘PORKER OF THE WEEK’’ AWARD and Education to increase funding for not a handout or a quota, but simply GOES TO DEPARTMENT OF EN- ideas like Craig’s and to find a cure for an opportunity to outreach to the ERGY autism. many wonderfully diverse communities in this Nation so that our young people (Mr. HEFLEY asked and was given f permission to address the House for 1 can sit in classrooms where they might minute and to revise and extend his re- REMEMBERING OUR AMERICAN learn from each other. Mr. Speaker, I am disappointed in marks.) PRISONERS OF WAR the administration for its position on Mr. HEFLEY. Mr. Speaker, the De- (Mr. RYUN of Kansas asked and was affirmative action, and I believe as partment of Energy recently hosted a given permission to address the House well that we must stand and be count- flea market. They sold 23 trucks worth for 1 minute and to revise and extend ed for the civil rights for all Ameri- $448,000 for 17 cents each, a $9,000 copier his remarks.) cans. I hope the Supreme Court will re- for a nickel, and a drilling rig for Mr. RYUN of Kansas. Mr. Speaker, as spond accordingly. $50,000. The sales also included motor our collective attention and focus is on homes, laboratory equipment, and the war in Iraq, it is critically impor- f cranes. tant that we remember our troops who HONORING OUR TROOPS The sales were made under a Federal are prisoners of war. Allow me to read (Mr. BURNS asked and was given program intended to promote economic the names of these brave men and permission to address the House for 1 development in communities around women who are now enduring life as a minute and to revise and extend his re- Energy Department sites by selling POW: marks.) surplus property to nonprofit organiza- Patrick Miller, age 23, from Park Mr. BURNS. Mr. Speaker, I rise tions. But they sold all of this property City, Kansas; today to pay tribute to our men and to one single organization, the NTS De- Ronald D. Young, Jr., age 26, from women in uniform. Thousands of miles velopment Corporation of Las Vegas, Lithia Springs, Georgia; from home in an unfamiliar land, these which bought the drilling rig, paid a David S. Williams, age 30, from Or- men and women fight for a cause much subcontractor $71,000 to inspect and lando, Florida; larger than themselves. clean it, and then sold the rig for Joseph Hudson, age 23, from The men and women of the United $248,000 to an equipment broker in Alamogordo, New Mexico; States Armed Forces fighting in Iraq Texas. The equipment broker now has Shoshana Johnson, age 30, from Fort do so for freedom. They fight to protect the rig listed for sale for $3.9 million. Bliss, Texas; the freedoms of their fellow Americans While it is certainly a worthwhile en- Edgar Hernandez, age 21, from Mis- and to gain freedom and liberty for the deavor for the Energy Department to sion, Texas; and tired and the poor and the downtrodden promote its host communities, it is an James Joseph Riley, age 31, from masses that have lived under the shad- appalling lack of judgment to sell Pennauken, New Jersey. ow of Saddam Hussein’s tyrannical pieces of equipment for millions of dol- Mr. Speaker, these soldiers are again reign for decades. lars below market value. The Depart- proving that freedom is not free. May As the President said about Hussein’s ment of Energy gets my ‘‘Porker of the we all as Americans remember these reign this past Tuesday, ‘‘We are fight- Week’’ Award. brave men and women and pray for ing an enemy that knows no rules of

VerDate Dec 13 2002 00:56 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.003 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2405 law that will wear civilian uniforms, goals clearly in Iraq. Yet their domes- large cities, small towns, and even in that is willing to kill in order to con- tic team continues to try to advance cyberspace. Sexual exploitation of chil- tinue the reign of fear of Saddam Hus- an enormous tax cut, which all of us dren, a prime motive for kidnapping, is sein. But we are fighting with bravery again want. on the rise. When it comes to abduc- and courage.’’ The problem we face is we have tion, rape, and murder of children, the Mr. Speaker, I believe today that States that are struggling, we have a United States must have a zero toler- there are no Democrats, there are no budget that is out of balance, we have ance policy. Republicans in support of our troops; a war that needs to be paid for, and we H.R. 1104, the Child Abduction Pre- there are only Americans, praying for have all of our domestic needs. vention Act, is comprehensive legisla- their quick victory and their speedy re- Mr. Speaker, I ask the President in tion that directly and forcefully ad- turn home to their loved ones. the most humble of ways: defer your dresses these heinous crimes. The bill Mr. Speaker, I thank them for their tax cut, defer new spending. Let us do is virtually identical to H.R. 5422, sacrifices in America’s time of need. two things first: one, help the States; which overwhelmingly passed the f and, two, pay for this war. After that, House last October by a vote of 390 to all of the tax cuts and stimulus and 24. Like so many other meritorious REVIEWS IN ON FCC DECISION RE- spending programs that all of us may bills sent to the other body in the last GARDING RULES GOVERNING want, let us consider those things in Congress, this legislation was allowed TELECOMMUNICATIONS INDUS- that context. to die by the Democrat leadership. TRY I say to the President: defer your tax An abducted child is a parent’s worst (Mr. TERRY asked and was given cuts, sir, and help our States. nightmare. We must ensure that law permission to address the House for 1 f enforcement has every possible tool minute and to revise and extend his re- necessary to try to recover a missing marks.) ANNOUNCEMENT BY THE SPEAKER child quickly and safely. H.R. 1104 not Mr. TERRY. Mr. Speaker, the re- PRO TEMPORE only gets the word out after a kidnap- views are in on the February 20 FCC The SPEAKER pro tempore (Mr. ping, but it also takes strong steps to decision on the rules governing the Na- TERRY). Members are reminded to ad- prevent them from occurring in the tion’s telecommunications companies, dress the Chair and not the President. first place. The bill strengthens pen- and they are not good. Specifically, the f alties against kidnapping and aids law reviews state that the requirements to enforcement agencies to effectively make the RBOCs networks and systems GENERAL LEAVE prevent, investigate, and prosecute available on an unbundled and sub- Mr. SENSENBRENNER. Mr. Speak- crimes against children. sidized basis are unsound. er, I ask unanimous consent that all Prompt public alerts of an abducted For many Members of this Chamber, Members may have 5 legislative days child could be the difference between economists, and industry observers, within which to revise and extend their life and death for that innocent victim. the FCC’s proceeding was an oppor- remarks on H.R. 1104. Recognizing this, the bill codifies the tunity to provide clear rules and regu- The SPEAKER pro tempore. Is there AMBER Alert program currently in latory rationality to an industry sector objection to the request of the gen- place in the Departments of Justice that has tumbled in recent years with tleman from Wisconsin? and Transportation and authorizes in- job losses and reduced capital invest- There was no objection. creased funding to help States deploy ments, which has affected a manufac- f child abduction communications warn- turer in my district. ing networks. Unfortunately, from these reviews on CHILD ABDUCTION PREVENTION For those individuals that would this decision, the FCC has failed miser- ACT harm a child, we must ensure that pun- ably in their attempt to revitalize this The SPEAKER pro tempore (Mr. ishment is severe, and that sexual necessary industry. TERRY). Pursuant to House Resolution predators are not allowed to slip Has this industry not suffered 160 and rule XVIII, the Chair declares through the cracks of a system and enough? Two trillion dollars of market the House in the Committee of the harm other children. cap, half a million telecommunications Whole House on the State of the Union To this end, this legislation provides jobs lost, and $800 billion in debt have for the consideration of the bill, H.R. a 20-year mandatory minimum sen- gone away. Hardware equipment and 1104. tence of imprisonment for nonfamilial abductions of a child under the age of software manufacturers are stumbling. b 1021 The FCC has taken a mess and made 18, lifetime supervision for sex offend- it harder to clean up. Somebody has to IN THE COMMITTEE OF THE WHOLE ers, and mandatory life imprisonment fix this: Congress, the courts, maybe Accordingly, the House resolved for second-time offenders. Further- even a miracle itself from the FCC. itself into the Committee of the Whole more, H.R. 1104 removes any statute of f House on the State of the Union for the limitations and opportunity for pre- consideration of the bill (H.R. 1104) to trial release for crimes of child abduc- PRESIDENT SHOULD DEFER TAX prevent child abduction, and for other tion and sex offenses. CUTS purposes, with Mr. UPTON in the chair. Those who abduct children are often (Mr. FORD asked and was given per- The Clerk read the title of the bill. serial offenders who have already been mission to address the House for 1 The CHAIRMAN. Pursuant to the convicted of similar offenses. Sex of- minute and to revise and extend his re- rule, the bill is considered as having fenders and child molesters are four marks.) been read the first time. times more likely than other violent Mr. FORD. Mr. Speaker, I want to Under the rule, the gentleman from criminals to recommit their crimes. make one appeal to the President and Wisconsin (Mr. SENSENBRENNER) and This number demands attention, espe- my Republican colleagues, and Demo- the gentleman from Virginia (Mr. cially in light of the fact that a single crats as well. We are a few days away, SCOTT) each will control 221⁄2 minutes; child molester, on average, destroys if not a few weeks away, from debating and the gentleman from Georgia (Mr. the lives of over 100 children. In re- a tax cut bill that all of us wish and de- GINGREY) and the gentleman from Cali- sponse, H.R. 1104 provides judges with sire, for all of those here and those fornia (Mr. GEORGE MILLER) each will the discretion to impose lifetime super- watching, could receive at home. We control 71⁄2 minutes. vision upon such offenders. have one problem, though. The Chair recognizes the gentleman The bill also fights against an indus- We have committed some 300,000 and, from Wisconsin (Mr. SENSENBRENNER). try supporting one of the fastest grow- if the papers are to be believed this Mr. SENSENBRENNER. Mr. Chair- ing areas of international criminal ac- morning, an additional 30,000 troops man, I yield myself such time as I may tivity. The sex tourism industry ob- will be deployed overseas. The Presi- consume. tains its victims through kidnapping dent has his hands full, as does the na- Mr. Chairman, sexual predators tar- and trafficking of women and children. tional security team, in defining our get America’s children every day in These women and children are then

VerDate Dec 13 2002 23:44 Mar 27, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.006 H27PT1 H2406 CONGRESSIONAL RECORD — HOUSE March 27, 2003 forced into prostitution. H.R. 1104 does that. Let us be clear, if a stand- we know the death penalty has prob- works to end this. alone AMBER Alert were enacted into lems; more mandatory minimums, two This legislation also authorizes in- law today, nothing that is already strikes and you are out. We are author- creased support through the National being done would change. This bill izing FBI wiretaps for behavior that is Center for Missing and Exploited Chil- merely supplants the Department of not even a crime; pretrial detention, dren, the Nation’s resource center for Justice general authorization with a lifetime supervision, and removing the child protection. The center assists in specific authorization. It may make statute of limitations on crimes such the recovery of missing children and some feel good, but it will not help pro- as adults crossing State lines to engage raises public awareness about ways to tect America’s children from kidnap- in consensual sex that would be a protect children from abduction, mo- ping and sexual abuse in the first place. crime in the home State. I would just lestation, and sexual exploitation. Federal money is in the pipeline for remind Members that any kind of sex Some have called for a stand-alone AMBER programs and is ready to be outside of marriage is a crime in Vir- AMBER bill instead of the comprehen- spent. A national coordinator has al- ginia. sive approach we have taken to address ready been appointed. What we need Virtually all of the crimes described the problem of child abductions in this now is a comprehensive legislative in the bill are already crimes with sig- country. I note with interest that the package that will crack down on child nificant penalties. Others have already DCCC, the political wing of the House abductors, build and expand on the passed the House in separate bills and Democrats, have labeled provisions of work of the National Center for Miss- are still pending in the Senate, as they the bill I have just outlined as con- ing and Exploited Children, and give have been for the last 6 years. troversial. Federal authorities additional tools to It is wrong to hijack the AMBER I do not think these provisions are prevent and to solve these horrific Alert bill to try to pass these things controversial. Neither do the Depart- crimes. again. It will not help AMBER Alert, ment of Justice, the National Center I urge my colleagues to ignore the and it will not help pass the extraneous for Missing and Exploited Children, or political rhetoric and to protect Amer- provisions. the 390 Members of Congress that voted ica’s children by supporting this bipar- It is true that the President has not for this bill last year. Mark Klaas, fa- tisan and noncontroversial child pro- waited for Congress to pass an AMBER ther of kidnap and murder victim Polly tection legislation. Alert bill and has, by executive order, Klaas, supports us. Mr. Klaas said, ‘‘I’m Mr. Chairman, I reserve the balance implemented many of the provisions of behind what Mr. SENSENBRENNER’s of my time. the bill. But the passage of AMBER doing. I like the idea of a 2-strike law Mr. SCOTT of Virginia. Mr. Chair- Alert is still necessary to make the for people who are committing sexual man, I yield myself such time as I may program permanent and to increase the offenses against children. And what it consume. funding of the program. says is that if somebody does that, Mr. Chairman, I rise in opposition to Mr. Chairman, we have letters from they are going to spend the rest of H.R. 1104. I would like to be able to the National Association of Police Or- their miserable life in prison if they support the AMBER Alert part of the ganizations, and I will just read two are convicted a second time. I see no bill, but that bipartisan, noncontrover- paragraphs from it: problem with putting it out on the sial part of the bill has been buried be- ‘‘On behalf of the National Associa- floor and seeing where people fall on hind literally a host of controversial tion of Police Organizations, rep- it.’’ sound-bite-based provisions which have resenting 230,000 rank and file police of- Those who say we need a stand-alone passed the House several times, only to ficers from across the United States, I AMBER bill on the President’s desk die in the Senate. would applaud your valiant efforts in today do not understand the actual im- The AMBER Alert portion of the bill pact of such a bill. The fact is that calling for an immediate passage of would codify a program of grants and much of the stand-alone AMBER bill stand-alone AMBER Alert legislation. assistance to States and localities to has already been implemented and is in The recent successful recovery of Eliz- establish a nationwide system of com- place right now. abeth Smart exemplifies the power of The stand-alone AMBER bill calls for munications and alerts to assist in lo- an informed public. a national coordinator. On October 2, cating and returning missing and ab- ‘‘In this light, legislation that will 2002, President Bush directed the At- ducted children. The system has proven greatly enhance recovery abilities torney General to designate a Justice itself on the State level and would help should not be tied down with addi- Department officer to serve as AMBER save lives and additional heartache on tional controversial provisions and po- Alert coordinator to help expand the a national basis. litical wrangling. The Senate quickly The AMBER Alert bill has already AMBER Alert system nationwide. As- passed S. 221 92 to nothing. Like other passed the Senate unanimously and sistant Attorney General Deborah J. child abduction bills, H.R. 412 and S. could pass unanimously in the House, I Daniels was designated as that coordi- 121 enjoy broad bipartisan support.’’ believe, absent the controversial sound nator and for almost 6 months has been We have other letters asking for pas- bites that have been tacked on. working to assist State and local offi- sage of a stand-alone AMBER Alert bill Last Congress, many of us warned cials with developing and enhancing from the Edward, Lois and Elizabeth the majority that coupling the AMBER AMBER plans and promoting statewide Smart family and from the Polly Klaas Alert bill with controversial sound and regional AMBER coordination pro- Foundation. I would ask that we defeat bites would mean that neither the grams ever since. the bill and take up H.R. 412, the stand- The Departments of Justice and AMBER Alert nor the sound bites alone AMBER Alert bill. Transportation already have $12.5 mil- would be passed, but the House passed Mr. Chairman, I reserve the balance lion in the bank today, ready to re- the same kind of omnibus bill anyway; of my time. spond and spend on AMBER programs. and, as expected, the whole thing died Mr. SENSENBRENNER. Mr. Chair- Furthermore, in a March 18, 2003, let- in the Senate. Yet, here we are again man, I yield 2 minutes to the gentle- ter to me, the Department of Justice facing the same misguided strategy woman from Washington (Ms. DUNN), stated that it has not been hampered in and this time again with even more the author of the stand-alone AMBER its efforts to implement an AMBER reasons for the Senate to reject the bill Alert bill on the House side. Alert program because of any legisla- which the AMBER Alert bill is buried Ms. DUNN. Mr. Chairman, on behalf tion that has yet to be signed into law. in. Again, we have to protest the strat- of the Smart family, the Polly Klaas Stand-alone AMBER legislation, in the egy that will again defeat the AMBER Foundation, the National Center for words of the Department of Justice and Alert system and again defeat the Missing and Exploited Children, and their statement of administration pol- sound bites as well. the thousands of families still search- icy, merely codifies current practice. Mr. Chairman, I think the Senate has ing for their missing children, I rise chosen not to consider many of the today to join our chairman in offering b 1030 controversial items hitchhiking on the hope that we will establish a vol- This Congress must do better than AMBER Alert bill for good reasons: untary, nationwide AMBER Alert sys- codifying current practice, and this bill more death penalties, at a time when tem to find children.

VerDate Dec 13 2002 23:44 Mar 27, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.008 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2407 I want to compliment the chairman to protect and save lives, the lives of (Ms. JACKSON-LEE of Texas asked for moving this bill so speedily through the most innocent among us. and was given permission to revise and the House of Representatives. H.R. 1104 is divided into three titles extend her remarks.) The AMBER Alert was named after a to improve the law related to child ab- Ms. JACKSON-LEE of Texas. Mr. little girl named Amber Hagerman who ductions by addressing sanctions and Chairman, I thank the distinguished was kidnapped and killed by her abduc- offenses, investigation and prosecution, gentleman from Virginia for yielding tor. The community rallied around her and public outreach. The legislation time to me, and I particularly thank family to begin a search that resulted sends a clear message that child abduc- him for his very thoughtful remarks on in the AMBER Alert program. tors will not escape justice. a very important legislative initiative. In 1997, a Washington State child Title I, ‘‘Sanctions and offenses,’’ I would like to thank my colleague homicide study, which examined over strengthens the penalties against kid- and friend, the gentleman from Texas 600 child abduction murder cases from napping by providing for a 20-year (Mr. FROST), and the gentlewoman all over the country, found that the mandatory minimum sentence of im- from Washington (Ms. DUNN) for their first 3 hours of a child’s abduction are prisonment for nonfamily abductions insight and leadership on an AMBER critical to bringing this child home of a child under the age of 18. This title Alert national bill and my colleague safely. This is the reason that we are also requires lifetime supervision for and friend in the other body from the seeking an AMBER Alert program. sex offenders, which is similar to a bill State of Texas, likewise, for the leader- To date, AMBER has been credited that passed the House last year 409 to ship on this issue. with the safe recovery of 52 children, 3. Mr. Chairman, I am going to eventu- including, very recently, a 12-year-old Also included is a provision that re- ally vote for final passage. I think it is California girl reunited with her family quires mandatory life imprisonment important to get that on the record. after a witness saw the car described in for second-time sex offenders that also But I also believe it is important to ac- AMBER Alert messages transmitted passed this body 382 to 34 last Congress. knowledge the fine analysis the gen- across the State. In addition, this title directs the U.S. tleman from Virginia (Mr. SCOTT) has We know the AMBER Alert system Sentencing Commission to increase of- given to this legislation and to be able works by allowing communities to tap fense levels for crimes of kidnapping to share with my colleagues why it is into the resources of an educated pub- and adds child abuse that results in extremely important that we use a dif- lic, prepare law enforcement and en- death as a predicate for first degree ferent approach in this House. gage the media in reuniting children murder. Many times we are viewed as both Title II, ‘‘Effective investigation and with their family. The media and an partisan and singular in perspective as prosecution,’’ gives law enforcement educated public were absolutely crit- it is directed to the two bodies that are agencies the tools they need to enforce ical in the safe return of Elizabeth called Congress. Many times our legis- the laws against child abduction. This Smart. lative tactics are perceived as one- title adds four new wiretap predicates President Bush and his administra- upsmanship, or ‘‘got you.’’ I believe it that relate to sexual exploitation tion showed strong and early support is important in the instance of this leg- crimes against children which pre- for our legislation last year and took islation as it initially started out, the viously passed the House 396 to 11 last the first steps by providing grants to AMBER Alert bill, to really be both bi- Congress. The title also provides that States and localities to help establish partisan, bicameral, and to respect the child abductions and felony sex of- AMBER Alert programs. It is now time underpinnings and the importance, if fenses can be prosecuted without limi- for Congress to codify AMBER Alert you will, of passing a clean AMBER tation of time and provides a rebuttal and provide additional funding to Alert bill. presumption that child rapists and kid- I was disappointed in the Committee power all communities with the tools nappers should not get pretrial release. and resources to react quickly to child Title III, ‘‘Public outreach,’’ estab- on Rules, in the typical response that abductions and bring these children lishes a national Amber Alert program one receives, in not having an amend- home safely to the arms of their par- based on the bill of the gentlewoman ment that had to do with added fund- ing for our Juvenile Division in the De- ents. from Washington (Ms. DUNN) and the We witnessed a very joyful reunion of gentleman from Texas (Mr. FROST) to partment of Justice. Elizabeth Smart and her family 2 codify the AMBER Alert program cur- As the war is raging in Iraq, we find weeks ago. I know that President Bush rently in place. This is a voluntary there are troubling times in many of is committed to signing AMBER Alert partnership between law enforcement our cities as it relates to gang warfare. into law very soon. I also know that agencies and broadcasters to activate Many of us thought that we had over- our leadership will keep its commit- an urgent alert bulletin in serious come that over the past years, but in ment not to allow it to languish in a child-abduction cases. The goal of the Los Angeles in particular I have had a conference committee. AMBER Alert, as has been explained, is number of colleagues indicate the trag- Mr. Chairman, would it not be won- to have the assistance of millions of edies that are going on with the in- derful never again to have to name an- people in the search for an abducted tense gang wars. I believe the more other piece of legislation after a little child. monies that we can invest in rehabili- child who died? I urge our opponents This title also increases support for tating our youth, in providing men- and supporters everywhere to get to- the National Center for Missing and toring programs for our youth, that is gether with us on AMBER Alert. It is a Exploited Children, the Nation’s re- a good investment. That amendment wonderful opportunity to establish a source center for child protection, by was not accepted. great system. Let us support this legis- doubling its authorization to $20 mil- But since the process was opened, the lation today. lion. amendment was offered. I would have Mr. SENSENBRENNER. Mr. Chair- Furthermore, Mr. Chairman, the title been willing, Mr. Chairman, to have man, I yield 3 minutes to the gen- authorizes COPS funding for local law eliminated all efforts at amendment so tleman from North Carolina (Mr. enforcement agencies to establish sex that a freestanding AMBER Alert bill COBLE), the chairman of the Sub- offender apprehension programs within could be passed. What does that mean? committee on Crime, Terrorism and their States. It does not mean that the viable provi- Homeland Security. Mr. Chairman, the recent wave of sions that have been added to this leg- (Mr. COBLE asked and was given per- high-profile child abductions illus- islation do not have merit. I believe mission to revise and extend his re- trates the tremendous need for this they sufficiently have enough merit marks.) legislation in this area. The criminals that we could proceed with them inde- Mr. COBLE. Mr. Chairman, I thank breach the security of our homes to pendently in a separate bill. the gentleman for yielding time to me. steal, molest, rape and kill our chil- My understanding is that the other The gentleman from Wisconsin has dren. Immediate action is necessary. body is not going to take this bill as it pretty thoroughly examined this bill. I Mr. SCOTT of Virginia. Mr. Chair- is. There may be the thought that we just want to reiterate that this legisla- man, I yield 6 minutes to the gentle- will go into conference, and what that tion is good policy. It has the potential woman from Texas (Ms. JACKSON-LEE). will do is to cause a delay. I believe

VerDate Dec 13 2002 23:44 Mar 27, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.010 H27PT1 H2408 CONGRESSIONAL RECORD — HOUSE March 27, 2003 that, in formulating legislation, we come as it relates to other entities the amount of time remaining on both should be listening to those that we that we are interested in. sides? represent. I would ask my colleagues to speak The CHAIRMAN pro tempore (Mr. I would like to share the words of the to the issue of a freestanding AMBER HOEKSTRA). The gentleman from Vir- Polly Klaas Foundation that urges Alert bill and bring this bill back. I ginia (Mr. SCOTT) has 121⁄2 minutes re- Congress to pass immediately H.R. 412, wish we could have a motion to recom- maining. The gentleman from Wis- a freestanding bill. mit to bring it back. consin (Mr. SENSENBRENNER) has 81⁄4 ‘‘H.R. 412 is a popular bipartisan bill Mr. SENSENBRENNER. Mr. Chair- minutes remaining. from MARTIN FROST and JENNIFER man, I yield myself 15 seconds just to Mr. SCOTT of Virginia. Mr. Chair- DUNN that would establish a national point out that neither the Senate- man, I yield 5 minutes to the gen- AMBER Alert network.’’ passed stand-alone AMBER Alert bill tleman from North Carolina (Mr. nor its companions in the House estab- WATT). b 1045 lish a mandatory national AMBER sys- Mr. WATT. Mr. Chairman, I thank The bill needs to stand as it is, as a tem. All of the bills are voluntary. The the gentleman from Virginia for yield- Senate-passed stand-alone AMBER bill States can apply for grants. It is my ing time; and I hate to disappoint my months ago, and the House should do hope that they will do so. good friend, the gentleman from Michi- the same. Every day that the AMBER Mr. Chairman, I yield 2 minutes to gan (Mr. UPTON), to advise him that Alert bill languishes, so does the safety the gentleman from Michigan (Mr. our fear is that by burdening this bill of our children. UPTON). down with various provisions, other As one who can see the AMBER Alert Mr. UPTON. Mr. Chairman, I have than the AMBER Alert provisions, it system working in Texas, Mr. Chair- been tracking the progress of this bill will follow the same route that it has man, I can tell my colleagues that it for some time now, and I applaud the followed in the past. has amazing results when the flashing gentleman from Wisconsin (Mr. SEN- It will be passed here in the House, it lights on freeways show that those who SENBRENNER), the chairman of the will go to the Senate, and it will not are traveling those freeways can imme- Committee on the Judiciary. My dis- receive action because the AMBER diately respond to local law enforce- trict had a young girl missing for most Alert part of this bill is burdened with ment. That is what the AMBER Alert of this month, a 14-year-old girl by the other bills which we have passed many does. name of Lindsay Ryan. It was alleged times on this side, but have never been Clearly I would say that in the Eliza- that she was, in fact, abducted by a taken up, and the Senate has refused to beth Smart case, her father indicated convicted murderer, and Michigan’s take them up on the other side. So his desire to see a freestanding AMBER AMBER Alert was initiated. while I applaud his efforts to support Alert bill passed, and he indicated that I called the county sheriff, Joe the AMBER Alert part of this bill, the community was largely, in part, Underwood, a fine professional, as I doing it in the way that we are doing it the result or the basis upon which Eliz- tried to lend him my moral support. As is probably the kiss of death for the abeth Smart was found. I talked with him, I asked him the bill. This bill has an expansion of the question of what could I do to help. He Before I go on that, I want to take a death penalty. They may be valuable, shared his frustration that other moment to praise the efforts of my but we should have separate hearings States did not have a system like we good friend and colleague from Vir- on that. have in Michigan. He felt that, in fact, ginia who for the last 11 years has been This bill increases mandatory sen- if other States, and there are 12 that the voice of sanity in the criminal law tences. They could be valuable, but we have no AMBER Alert system at all, area. He has sat in hearing after hear- should have separate hearings on that. but if other States had a system like ing after hearing and taken politically This bill expands wiretap authority; Michigan, the word would have gotten difficult positions on bills, trying to re- and even though I believe child preda- out right away. My district is right inforce to us that everything that tors are the worst, we should have sep- along the Indiana border, very close to sounds good, that may be politically arate proceedings on that and separate Illinois. popular, is not an effective crime tool; freestanding bills. After our conversation, I called the and he has done it at a time, on a sus- The fact that this bill eliminates the Committee on the Judiciary; and in tained basis, when many of my col- statute of limitations is a problem. fact, they told me about this piece of leagues have used as their spring, sum- Eliminating pretrial release should be legislation which I cosponsor. I am de- mer, fall and winter exercises the po- addressed, although I wholly agree lighted to say that it is on the House litically popular exercise of beating on with the idea that we should separate floor today, and there is good news. their chest and saying I am hard on predators from our community. But all Just like there was good news with crime, without considering the con- of these matters, Mr. Chairman, I be- Elizabeth Smart last week, there was sequences of what they are voting for. lieve require an independent assess- good news this week with Lindsay Again, parts of this bill today do ex- ment and would do well in this body Ryan. She was found alive, alive be- actly the same. I am struck by the ar- and the Senate if they were free- cause California had a system. It was gument that the chairman of our com- standing. probably the good work of a Frito-Lay mittee has put forward to us. On the The only thing we do today is to get truck driver that, in fact, spotted the one hand, he says the AMBER Alert probably an enormous vote in favor, vehicle, and the police were able to get part of this bill really does nothing and that will probably occur; but what to the scene and rescue Lindsay Ryan, that is not already able to be done, and we do is we stall the process of a legis- who is now with her family alive and then I scratch my head and I said, well, lative initiative that could move hopefully well. if that is the case, why are we even quickly through both bodies, and I be- We want to prevent this tragedy for here doing the AMBER Alert part of lieve that is not the task of legislators other families, whether they be in this? Is the AMBER Alert part of this who are sincere about their work on Michigan or North Carolina, Wisconsin bill, which all of us feel so strongly behalf of constituents. I think it is im- or any other State. An AMBER Alert about, which all of us would vote for in portant, Mr. Chairman, that we bifur- system nationwide is needed, for this a heartbeat if it were a stand-alone cate our work, move a freestanding family, for every family; and I would bill, is it being used as a bus to load on AMBER Alert bill along and begin to urge my colleagues to pass this legisla- all of these other controversial provi- assess these very reasonable additions tion so that, in fact, we can use the sions that otherwise would not be con- in a freestanding bill so that we can eyes and ears of millions of Americans sidered? have finally signed by the President of looking to prevent a nightmare that no If these other provisions have merit, the United States the AMBER National family ever wants to have happen in let them be considered as separate Alert System that so many cities and their community or certainly in their stand-alone bills, let us evaluate them, counties and States need and the fund- family. let us evaluate their impact on reduc- ing that goes with it and, might I add, Mr. SCOTT of Virginia. Mr. Chair- ing crime and addressing the problems the additional funding that might man, could the Chair advise us as to that exist in our Nation, and let the

VerDate Dec 13 2002 23:44 Mar 27, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.012 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2409 Senate and the House vote on those center carries out many important re- Bradley’s Web site and see if you have things separately. sponsibilities that provide assistance seen either one of them. What we appeal to the leadership to to families and law enforcement agen- Mr. Chairman, all of America would do and have been for the last 3, 4, 5 cies in locating and recovering missing be benefited by the AMBER Alert sys- weeks is to give us an AMBER Alert and exploited children. The center is tem put in place now. bill that is a stand-alone bill, that active both nationally and internation- Mr. Chairman, I reserve the balance could pass this House by unanimous ally. of my time. consent. There would not be one dis- Mr. Chairman, it is important to Mr. GINGREY. Mr. Chairman, I yield senting vote. And not only would it note the center does not investigate 2 minutes to the gentleman from pass this House by unanimous consent; abducted, runaway or cases involving Michigan (Mr. HOEKSTRA), the chair- it would go to the Senate, and the Sen- sexually exploited youth, but receives man of the Subcommittee on Select ate would pass it immediately, prob- leads and relays them to various inves- Education. ably this week; and it would go to the tigative law enforcement units. Mr. HOEKSTRA. Mr. Chairman, I President’s desk and be signed into law In an effort to assist law enforce- rise in support of H.R. 1104, the Child probably early next week. ment, the center offers both technical Abduction Prevention Act, which Instead, what we have done is used assistance, information dissemination, strengthens the punishment and con- the AMBER Alert part of the bill as a and advice. It also offers a free con- sequences of criminals who dare to vehicle to bring other more controver- sulting service to agencies by expert harm our children. An important provi- sial provisions into a debate; many of retired law enforcement officers who sion of H.R. 1104 doubles the authoriza- those provisions have already been are skilled in investigating cases in- tion level for the National Center for passed by this House and sent to the volving sexual abuse of children and Missing and Exploited Children, which Senate and have languished there in child abduction. serves as the national resource center the past. We have done this before. and clearinghouse to aid missing and b 1100 The question is why are we doing it exploited children and their families. again? Is there some real motivation Mr. Chairman, I could continue on The Center is a private, nonprofit or- that is different than the one we under- about the need for the Center for Miss- ganization, mandated by Congress, stand or is there a real desire to pass ing and Exploited Children, but in the working in cooperation with the Office the AMBER Alert part of the bill? If interest of progressing this debate, I of Juvenile Justice and Delinquency there is, I would appeal to my col- would like to urge my colleagues to Prevention within the Department of leagues to let that bill, release it, do support this bill. Justice. It is a critical resource for aid- not hold it as a hostage. Release that Mr. Chairman, I reserve the balance ing the over 18,000 law enforcement bill, and let it stand on its own. Let us of my time. agencies throughout the Nation in vote on it. Let us send it to the Senate; Mr. SCOTT of Virginia. Mr. Chair- their search for missing children. let them vote on it. Let it be sent to man, I ask unanimous consent to yield According to statistical data from the President for signature, and then the balance of my time to the gen- the National Center for Missing and we would have a national AMBER tleman from Illinois (Mr. DAVIS) for Exploited Children, from its inception Alert bill that does and gives us the purposes of control. in 1984 through the end of 2002, the Cen- benefit of that system for the States The CHAIRMAN. Is there objection ter handled 1,718,784 telephone calls that wish to use it. to the request of the gentleman from through its national Hotline 1–800– I appreciate the gentleman yielding Virginia? THE-LOST. It trained 179,685 police time; but more importantly, I appre- There was no objection. and other professionals and distributed ciate him standing and fighting for Mr. DAVIS of Illinois. Mr. Chairman, over 27 million issue-based publica- things that make sense in the criminal I yield myself 2 minutes. tions. The Center has also worked with justice context, rather than just things Mr. Chairman, I would like to be as- law enforcement on 87,513 missing child that are politically popular, that allow sociated with the comments that were cases, resulting in the recovery of over us to beat on our chest and say we are just made by the gentleman from Geor- 71,000 children, an incredible success hard on crime regardless of the impact gia (Mr. GINGREY). I rise in strong sup- rate of more than 80 percent. on reducing crime. port of the AMBER Alert provisions of The National Center for Missing and Mr. GINGREY. Mr. Chairman, I yield this bill to prevent child abduction and Exploited Children is uniquely posi- myself 2 minutes. to then do all we can in finding the tioned to access vital information to (Mr. GINGREY asked and was given child. A nationwide AMBER Alert aid in the search and recovery of miss- permission to revise and extend his re- would allow all of America to have the ing kids. It is the only child protection marks.) information to assist the family, the nonprofit organization with access to Mr. GINGREY. Mr. Chairman, I rise community, and the local police in the FBI’s National Crime Information in support of H.R. 1104, the Child Ab- finding a missing child. If already in Center Missing Person, Wanted Person duction Prevention Act, which provides place, the two Bradley sisters from and Unidentified Person Files, the Na- for the national coordination of the Chicago would have been located. tional Law Enforcement Telecommuni- AMBER Alert communications net- Like most stories of missing chil- cations System, and the Federal Par- work and strengthens criminal pen- dren, 10-year-old Tionda and 3-year-old ent Locator Services. Additionally, it alties for kidnappers, child molesters, Diamond disappeared without a trace, is the only organization operating a 24- and the sexual exploitation of children. without anyone seeing where they hour, toll-free Hotline for the recovery This legislation also provides double, went or who they went with. On Fri- of missing children in cooperation with double the current authorization fund- day, July 6, 2001, Tionda had left a note the U.S. Justice Department. It is also ing for the National Center for Missing telling their mother that she and her the sole organization operating a 24- and Exploited Children, which serves as sister were going to go to the store and hour, toll-free child pornography tip the Nation’s resource center to aid in then go to the school playground. Sev- line in cooperation with the U.S. Cus- finding and rescuing missing and ex- eral neighborhood children have told toms Service and the U.S. Postal In- ploited children and helping their fami- police that they did see the sisters spection Service. lies in their time of need. playing outside their complex around Please join me in voting for and sup- In section 305 of H.R. 1104, the Com- noon that day. Sadly, no one has seen porting H.R. 1104. mittee on Education and the Work- them since. Ms. WOOLSEY. Mr. Chairman, I yield force, of which I am a member, author- The neighborhood surrounding their myself such time as I may consume. izes $20 million for the National Center home and even Lake Michigan has been I rise in opposition to H.R. 1104. for Missing and Exploited Children for searched with only disappointing news. While I am happy to have this time to fiscal years 2004 and 2005. Again, this is No clues, no evidence has been found to speak on the floor, I am very dis- double the current level of funding. place either child. It has been 659 days appointed that the Committee on Edu- As the Nation’s resource center for since this mother has seen her two cation and the Workforce did not de- missing and exploited children, the daughters. I urge America to go to the bate this issue before it came to the

VerDate Dec 13 2002 00:56 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.015 H27PT1 H2410 CONGRESSIONAL RECORD — HOUSE March 27, 2003 floor. Members on the Committee on important bill so that we can continue Prevention Act. This legislation is crit- Education and the Workforce wanted our efforts to ensure that an AMBER ical for the protection of the greatest to review the provisions in the bill that Alert system will be there for all of our resource in America, our children. The are under our committee’s jurisdiction. Nation’s children. bill increases the authorization funding It is clear that the AMBER Alert sys- As we witnessed, AMBER plans have for the National Center for Missing and tem is highly effective and should be worked to bring home children safely; Exploited Children. It serves as a re- made available nationwide. However, I and I wanted to share one particular source Center and a national clearing- believe we need a clean AMBER Alert story about a 10-year-old girl from Riv- house to aid missing and exploited chil- bill; and, once again, my colleagues on erside, California, named Nicole dren and their families. the other side of the aisle have failed Timmons. We have the system in Cali- The National Center for Missing and to bring forth a clean bill. Instead, fornia, but, luckily, neighboring Ne- Exploited Children operates a 24-hour they have opted to load it up with vada also picked up this alert; and on Hotline to report information on miss- extra provisions that they know will the Nevada radio stations they re- ing children; and, through that Center, not be accepted by the other body. ported that Nicole had just been kid- the information is sent out to law en- This important legislation could napped by an individual and gave a cer- forcement agencies both here and have been passed 6 months ago, but in- tain amount of information. Luckily, a abroad. The Center verifies informa- stead today we are considering legisla- very alert citizen in Nevada was listen- tion on missing children entered in the tion that is broad and controversial. ing to this broadcast as he was driving FBI’s National Crime Information Sys- The controversial provisions include next to the vehicle that Nicole was tem and instructs law enforcement in the expansion of the death penalty, being transported in, being abducted the proper handling of these cases. mandatory minimum sentencing, crim- in. He noticed that the driver was be- The act also provides national co- inalization of traveling with a criminal having rather suspiciously, and he no- ordination of the AMBER Alert sys- intent, the two-strikes-and-you-are-out ticed this 10-year-old girl. As a con- tem, which has already proven success- provision, the expansion of wiretap au- sequence, he immediately notified law ful in multiple States by allowing law thority, the eliminations of the statute enforcement. They moved in, and they enforcement to put out an immediate of limitations on sexual abuse cases, rescued Nicole. bulletin when a child has been reported and eliminating pretrial release. What is important here is in 75 per- missing. Mr. Chairman, are all these provi- cent of the cases where a young child is Finally, and most importantly, this sions really necessary to help find and killed by an abductor, that murder oc- bill dramatically increases the pen- protect missing children? curs within the first 3 hours. That is alties for people who would harm chil- That is why I have supported and will why it is necessary that these alerts go dren or use them in pornography. continue to support the bipartisan up immediately to give other citizens a These penalties should be the most se- chance to help apprehend, to help re- Frost-Dunn AMBER Alert Act which vere that society can deliver for such port suspicious behavior, to help look will strengthen the AMBER Alert pro- disgusting crimes against our children. for that abductor. gram immediately. The Frost-Dunn Ms. WOOLSEY. Mr. Chairman, I yield Of course, we have to ask ourselves, bill provides $25 million in grants and 21⁄2 minutes to the gentleman from what if Nevada had not picked up the works to build a seamless network of California alert? That is why we want Texas (Mr. LAMPSON). local AMBER plans. What our local Mr. LAMPSON. Mr. Chairman, as the to expand it across the Nation. communities really need is more re- Mr. DAVIS of Illinois. Mr. Chairman, chairman and founder of the Congres- sources to increase highway signs, to I yield myself 2 minutes. sional Caucus on Missing and Exploited educate and train law enforcement, and Mr. Chairman, it is unfortunate that Children, I am proud to be part of this to gain additional equipment. This bill we will delay the opportunity to find overall issue of child abduction. Miss- is the clean legislation that we should Tionda and to find Diamond. We will ing and exploited children is an issue be considering today. delay the opportunity because, instead that I became critically aware of with- Mr. Chairman, I urge Members to of having a simple, clean AMBER Alert in a few months after coming to Con- vote ‘‘no’’ on H.R. 1104, and I demand bill that could be passed immediately gress when, in 1997, Laura Kate that we look at a clean AMBER Alert in both Houses, we have a complex, Smither was abducted from her neigh- bill. complicated, bogged-down bill with all borhood, and 21⁄2 weeks later her body Mr. Chairman, I reserve the balance kinds of impediments and extraneous was found in a drainage ditch. of my time. items in it that makes it very difficult Following that, I came back here and Mr. CHAIRMAN. The gentleman from for individuals to support if they also met with my staff, and one of my staff 1 Wisconsin (Mr. SENSENBRENNER) has 8 ⁄4 want to support a judicial system that had been a volunteer with an organiza- minutes remaining, the gentleman deals in a rational, logical, sane, sen- tion called the National Center for from Illinois (Mr. DAVIS) has 6 minutes sible, less-than-punitive way. Missing and Exploited Children during remaining, the gentleman from Geor- I do not know if it is going to be pos- high school. gia (Mr. GINGREY) has 31⁄2 minutes re- sible to change that, but I would cer- b 1115 maining, and the gentlewoman from tainly hope there would be some way California (Ms. WOOLSEY) has 51⁄2 min- to extricate, to take out those onerous I quickly went over to the center and utes remaining. portions of the bill so that we can met Ernie Allen and have become a Mr. GINGREY. Mr. Chairman, I yield move ahead and find missing children, good friend of Mr. Allen, who is the 2 minutes to the gentleman from Cali- find children who are away from their president and CEO of that wonderful fornia (Mr. ROYCE), who is a cosponsor parents, find children that we do not organization. I think I have found more of this very important piece of legisla- know where they are. So I would hope in that organization than what I ever tion. when the end comes, we will come to dreamed of being able to find. It does Mr. ROYCE. Mr. Chairman, I rise in an alert system that puts us on the some amazing work. They have helped strong support of this legislation, track to find missing children. raise the overall level of awareness, which, of course, includes the AMBER Mr. Chairman, I reserve the balance which is the goal of the congressional Alert bill. of my time. caucus since we have formed it in 1997, Last September, President George Mr. GINGREY. Mr. Chairman, I yield now with about 150 members. Bush took immediate action to help 1 minute to the gentleman from Geor- I am proud of the fact that there are expand and improve the AMBER Alert gia (Mr. BURNS) a member of the Com- bills, many different bills, plural, that system; and he provided a total of $10 mittee on Education and the Work- are up on the floor and that are being million from existing funds in order to force. discussed. Obviously, I too wish that expand and develop the AMBER train- Mr. BURNS. Mr. Chairman, I thank we could take some of them separately. ing and education programs and in the gentleman for yielding me this I think the AMBER Alert would in- order to upgrade the emergency alert time. stantly become law. We have had that system. I support President Bush’s ef- Mr. Chairman, I rise to express my debate; and now we are debating H.R. forts, and I urge Congress to pass this support for H.R. 1104, the Child Abuse 1104, of which I am a cosponsor. And I

VerDate Dec 13 2002 23:44 Mar 27, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.018 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2411 do ask and urge the passage of H.R. I am proud supporter of the AMBER pro- criminal justice punishment, to discuss 1104. gram, which was created in Arlington, Texas. what it is that you do as individuals The national center does so much The AMBER Plan is named in memory of have committed a crime. It would varied work in providing their hotline, nine-year-old Amber Hagerman. In 1996, serve us well if we could arrive at the in providing assistance to commu- Amber was abducted while playing near her point where today we are simply talk- nities, to families, to law enforcement, Arlington, Texas home. She was later found ing about finding missing children, not the magnificent work that it has done murdered. punishing perpetrators, not putting through its image enhancement activi- In response to community concern, the As- people in jail, but finding missing chil- ties that have helped find children sociation of Radio Managers, with the assist- dren. years later after they were taken. ance of area law enforcement, created the Mr. Chairman, I yield back the bal- There are a significant number of ex- AMBER Plan to give listeners timely informa- ance of my time. tremely dedicated, powerful people tion about area child abductions. The plan Ms. WOOLSEY. Mr. Chairman, I yield that they have put together and calls for law enforcement agencies to provide myself the balance of my time. formed efforts to get information into radio stations with an alert upon the imme- The CHAIRMAN. The gentlewoman our schools with curricula that will diate confirmation of a child’s abduction. All from California (Ms. WOOLSEY) is rec- change the lives of children, with the participating radio stations will break program- ognized for 2 minutes. law enforcement training through the ming to broadcast the alert and any subse- Ms. WOOLSEY. Mr. Chairman, citi- Jimmy Ryce Law Enforcement Center, quent information provided by police. This pro- zens in my district have a special de- which offers free training activity to gram has blossomed into a nationwide effort sire to see clean AMBER Alert legisla- any chief executive of any law enforce- where 39 states have adopted a statewide tion passed because of a beautiful teen- ment agency in the United States, a AMBER plan. To day the AMBER Plan has aged girl named Polly Klaas. Polly re- powerful organization. The $20 million been credited with recovering 51 children! sided in my hometown of Petaluma, that we are asking for in fiscal years Just this week, the police in my hometown California. She was kidnapped from her 2004 and 2005 will be some of the best of Houston, Texas, activated the AMBER sys- home and murdered in 1993. It was be- money that this Congress can possibly tem when a 14-year-old girl went missing from cause of failed communication in the spend. I urge the passage of H.R. 1104. her middle school. Fortunately, the young lady early part of the search that ruined our Ms. WOOLSEY. Mr. Chairman, I yield was returned safely to her home. chances, or any chances, of an early 1 minute to the gentleman from Texas The AMBER alert has been successful in and potentially successful resolution to Houston, Texas many times and I am proud (Mr. GREEN). her kidnapping. (Mr. GREEN of Texas asked and was our office played a part in organizing the Since then, organizations in my dis- given permission to revise and extend Houston effort almost 3 years ago. Ms. Cindy trict, namely, the Polly Klaas Founda- his remarks.) Jimenez, my former staff member now with tion and BeyondMissing, have worked Mr. GREEN of Texas. Mr. Chairman, Democratic leader NANCY PELOSI, worked suc- to ensure that more is done for missing I rise in support of the Child Abduction cessfully to coordinate the cooperation be- children. These organizations both ad- Protection Act and thank my Cali- tween news media and law enforcement. vocate a national AMBER Alert system fornia colleague for yielding me this This kind of success story highlights the that will define how seriously Ameri- time. I am a proud supporter of the needs to ensure that states have the re- cans support child safety and saving sources they need to set up AMBER plans. AMBER program, which was created in lives. But they want a clean AMBER Seventy-four percent of abducted children who Arlington, Texas. Everyone knows the Alert system. That is why it is crucial are murdered are dead within three hours of history of the AMBER program, named that we pass a clean bill today, not one the abduction. The sooner word gets out that for Amber Hagerman; but I am particu- that will be filled with extra add-ons, these children have been abducted, the better larly proud that about 3 years ago our unrelated provisions, provisions not ac- the chances that they will be brought home office in Houston started working on ceptable to the other body, hindering safely. getting our radio network and the law H.R. 1104 makes grants available to the the ultimate goal of creating a system enforcement in Houston, Texas, to- states for them to set up AMBER alert plans, where we can find the children who are gether. and also creates an Amber alert coordinator lost in this country. I have a former staff member who within the Department of Justice. I strongly So I ask, please vote for a clean now works for our leader, NANCY support this provision. AMBER Alert system, one that will be PELOSI, Cindy Jimenez, who was in- I would like to express my disappointment, able to do the job, do it immediately, strumental in this. And now in Hous- however, that this legislation has been weight- and not get bogged down in the Senate. ton not only this week was the AMBER ed down with controversial issues. Issues Mr. Chairman, I yield back the bal- Alert activated in Houston and a 14- such as mandatory minimum sentencing and ance of my time. year-old girl returned safely yesterday, making certain crimes punishable by the death Mr. GINGREY. Mr. Chairman, I yield but we have used it well over a half a penalty are matters for another day. myself the balance of my time. dozen times in my community. My These issues are sure to slow down this im- Mr. Chairman, as the Nation’s re- community, I say. We share eight portant legislation. I urge the sponsors of this source center for child protection, the Members of Congress, so it is a large legislation to remove the controversial provi- National Center for Missing and Ex- community. sions so that the AMBER plan legislation can ploited Children spends 94 percent of The sooner the word gets out that be enacted quickly. its revenue directly on programs and children are abducted, the better the Mr. DAVIS of Illinois. Mr. Chairman, services. Due to their commitment to chances of them being brought home. I yield myself the balance of my time. spend their resources on helping chil- Particularly in my area we made sure The CHAIRMAN. The gentleman dren, the center received an A+ rating we did it in both Spanish and English. from Illinois (Mr. DAVIS) is recognized in the Winter 2003 American Institute We have had some tragedies in my area for 41⁄2 minutes. of Philanthropy Charity Rating Guide. that are predominantly Hispanic, so it Mr. DAVIS of Illinois. Mr. Chairman, This rating is used to recommend char- has to be in both languages, or any lan- as I listened to the debate and as I lis- ities based on percentage of money guage that is available in the commu- tened to the virtues of the proposed spent on charitable purposes versus ad- nity. legislation and as I listened to those ministrative expenses. H.R. 1104 makes grants to States. who expressed opposition, it would There were an estimated total of Again, we need it for the State of seem to me that there ought to be a 58,200 children abducted by nonfamily Texas as a whole. I express my dis- middle ground, that there ought to be members in 1999. Mr. Chairman, that is appointment that it has been bogged a point where the children come first, 160 abductions a day. To reduce this down, but I intend to support the full where finding them, making sure that number, we must pass H.R. 1104. I bill. their parents can wake up and see their would again urge my colleagues to sup- Mr. Chairman, I rise today to voice my sup- children that they have not seen. That port this bill. port for the Child Abduction Protection Act, often requires a bit of give and take. Mr. SENSENBRENNER. Mr. Chair- which includes language to improve the I think that there could be other op- man, I yield 3 minutes to the gen- Amber program. portunities to debate and discuss tleman from Wisconsin (Mr. GREEN).

VerDate Dec 13 2002 23:44 Mar 27, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.020 H27PT1 H2412 CONGRESSIONAL RECORD — HOUSE March 27, 2003 Mr. GREEN of Wisconsin. Mr. Chair- Alert after we pass this bill will be- who are murdered are killed within the man, I thank the gentleman for yield- come the law of the land very quickly, first 3 hours after they are taken, and ing me this time. but we must not back down. For the almost two-thirds of the killers have I have to admit some disappointment sake of the crimes that we can prevent, had prior records of violent crimes. in the debate that we are having today. for the sake of the innocents we can This legislation goes a long way toward There are those who want to focus on protect, let us pass this bill as it is providing protections by establishing process and the structure of legisla- constituted, let us get it over to the the means to help prevent abductions tion, and there are those who want to President’s desk, and let us make this and to aid in the quick return of chil- get at the serious problem of child mo- the law of the land. dren who have been kidnapped. lesters and abductors and removing BEYOND MISSING, INC., With this bill, we enhance the oper- them from the streets. Mr. Chairman, Sausalito, CA, March 26, 2003. ation of the AMBER Alert communica- we have been fighting this battle Re HR 1104 Child Abduction Prevention Act. tions network to facilitate the recov- against child abduction and molesting MEMBERS OF THE HOUSE OF REPRESENTA- ery of abducted children. As it now for a long time. We have been fighting TIVES, stands, AMBER Alert is in place in 38 it a long time because it is a battle 107th Congress (2001–2002), Washington, DC. States. I hope that every State will im- that we dare not lose. DEAR MEMBER OF CONGRESS: As the father plement this program. We are all aware I do not have much time to speak, of a child kidnapped and murdered by a re- of the important role that the National but let me give Members three quick cidivist violent offender I understand the need to do what ever is necessary to protect Center for Missing and Exploited Chil- facts that I think point out the scope America’s children from abuse, abduction dren has played in the search for ab- of this problem. Mr. Chairman, the av- and neglect. That is why I implore you to ducted children for nearly 20 years. erage child molester in America will vote aye on HR 1104 the ‘‘Child Abduction This bill helps ensure it will continue commit crimes for 16 years before he is Prevention Act’’. to play a crucial role by reauthorizing caught. So when we see on television or Although there is a groundswell of support and doubling its annual grant to $20 when we read in the newspaper about for a National Amber Alert, this important million each year. someone who is caught, a child mo- tool to assist in the recovery of kidnapped Another important provision of this lester who is caught, an abductor who children is but one piece in a very complex legislation will help prevent repeat of- puzzle that must be assembled if we are to is caught, remember that the chances truly protect America’s children from vic- fenses by child abductors. In addition are that they have been doing this for timization. to mandating a minimum 20-year sen- years before they were caught. Strict, mandated prison sentences for tence for kidnapping or abducting a Fact number two. According to those who would kidnap children; denial of person under the age of 18 years, it con- former Attorney General Janet Reno, pretrial release for child rapists or kidnap- tains a ‘‘two strikes and you’re out’’ the recidivism rate for child molesters pers; a ‘‘Two Strike’’ law for sexual preda- provision that requires a mandatory is 75 percent. That is on the low side of tors and COPS funding for a sex offender ap- sentence of life imprisonment for the estimates that I have seen. When prehension program are equally important pieces of the same child protection puzzle. twice-convicted child offenders. we find someone, when we catch some- HR 1104 can deliver the message that I would like to say once again how one who has molested our young chil- America will no longer tolerate those who blessed we are for the return of Eliza- dren, the chances are that they have would terrorize innocent citizens through beth Smart in my home State of Utah. done it before and the chances are that the exploitation and victimization of our Many prayers were answered, including they will do it again unless we stop children. Although America’s focus is cur- those of my 5-year-old daughter. It is a them. rently on foreign terrorists, it is the domes- miracle. We are all thrilled and grate- My final fact is one that I find dev- tic variety that truly threatens our safety. ful with this wonderful news. Yester- astating. According to a number of sur- We should never forget that homeland secu- day, I had the pleasure of speaking veys, the average child molester will rity begins at home. I join Chairman Sensenbrenner and Rep- with Elizabeth’s father, Ed Smart, commit 511 crimes in his lifetime. The resentative Mark Green in asking you to about the importance of this legisla- number of repeat child molesters fortu- vote aye on HR 1104 the ‘‘Child Abduction tion. He is supportive and appreciative nately is relatively small, but the dam- Prevention Act’’. With the unprecedented at- of the work Chairman SENSENBRENNER age and the destruction that they do in tention that has been afforded child abduc- and the House have done to protect our America today is incredible. It is out- tion in the past year you are in a position to children. Ed hopes, as I do, that today’s rageous. Every child molester that we memorialize America’s recent child victims child protection legislation will be sent put away is a life saved, is a family res- in accomplishment. If you fail to do so, they to the President’s desk and signed into cued. will be remembered only as statistics and surely they deserve better than that. Please law as soon as possible. Mr. Chairman, today is a good day. I take advantage of this opportunity to send a Mr. Chairman, I support all of the want to thank the chairman for lead- loud and clear message that we will no provisions of this bill. I urge my col- ing us to this point. Today we fight longer tolerate the abduction and abuse of leagues to join with us in voting for it. back against child molestation. Today America’s children. Mr. SENSENBRENNER. Mr. Chair- we fight back against those monsters Sincerely, man, I yield myself the balance of my who would prey upon our kids. MARC KLAAS, time. I would like to speak quickly to one President, Beyond Missing, Inc. The CHAIRMAN. The gentleman provision in here because it is one of Mr. SENSENBRENNER. Mr. Chair- from Wisconsin (Mr. SENSENBRENNER) these provisions that is, quote-un- man, I yield 2 minutes to the gen- is recognized for 31⁄4 minutes. quote, ‘‘bogging down this bill.’’ It is tleman from Utah (Mr. CANNON). Mr. SENSENBRENNER. Mr. Chair- called two strikes. It says that if you (Mr. CANNON asked and was given man, on the other side of the aisle have been arrested and convicted of a permission to revise and extend his re- some Members have come up and stat- serious sex crime against our kids and marks.) ed that we ought to bust this bill apart after you are released you do it yet Mr. CANNON. I thank the gentleman and strip out all of the non-AMBER again, you are going to go to prison for from Wisconsin for yielding me this Alert-related issues. That would be a the rest of your life, no questions, no time. big mistake. It would be a huge mis- parole. We will stop this terrible, ter- Mr. Chairman, I rise in support of take because most of these provisions rible scourge. This is not a controver- H.R. 1104, the Child Abduction Preven- are designed to prevent kidnappings sial provision. It had 382 votes last ses- tion Act. I would like to commend and molestations from happening in sion. Chairman SENSENBRENNER for crafting the first place. The speaker before me referred to such thoughtful and meaningful legis- I support AMBER Alert. It is impor- BeyondMissing, an organization I lation to help protect our children tant once a kidnapping takes place helped launch. I have a letter here that from the sick people who would do that the police and the public and the I will place into the RECORD from them harm. It is essential that we news media know about that kidnap- BeyondMissing asking us to pass this enact legislation to help prevent kid- ping so that an alert public can hope- bill with two strikes in it. They want napping and recover abducted children. fully spot the abducted child and re- the bill as has been presented. AMBER Over 70 percent of abducted children turn the child to his or her parents.

VerDate Dec 13 2002 01:35 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.023 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2413 b 1130 laws by revising the standards and procedures twice now by the Senate. I am an original co- But even more important in my opin- under which a judge can depart from sen- sponsor of the Frost-Dunn National AMBER ion is to prevent the kidnappings and tencing guidelines in order to account for spe- Alert bill and I have tried to convince the the molestations in the first place be- cific circumstances. I oppose this provision be- Leadership to bring it to the Floor for a vote. cause if that ever happens, those peo- cause I strongly oppose mandatory minimum I voted for this version of the Child Abduc- ple’s lives are scorched for life. sentencing laws. This provision not only over- tion Act today because I support AMBER In H.R. 1104 there are a number of turns an important Supreme Court decision Alert, but it was not an easy vote. I voted for provisions. I do not think they are con- which left some room for judicial discretion in this bill despite the fact that I know there is a troversial, but let me enumerate them. sentencing, but, like other mandatory minimum better way to turn AMBER Alert into national It provides the judge with the discre- sentencing laws, it takes away a judge’s ability Law. I voted for this bill, despite the fact that tion to extend the supervision of a re- to be fair and exacts a one-size-fits-all stand- I have serious reservations about provisions leased child sex offender up to a max- ard on our judicial system. that would impose the death penalty for cer- imum of life, eliminates the statute of It is my hope that this bill will move to Con- tain crimes where it does not now apply, in- limitations for child abductions and ference with the Senate and that the majority crease mandatory sentences for certain of- sex crimes, denies pretrial release for of these controversial provisions will be fenses, and expand the wiretapping authority child rapists and child abductors, re- stripped out in order to pass a clean AMBER of the federal government. quires a mandatory sentence of life im- Alert bill. We should not be tainting a bill that In the end, however, I voted for this bill be- prisonment for twice-convicted child is intended to help recover missing children cause I am now convinced after months of sex offenders, reauthorizes and doubles with provisions that threaten the fairness and struggle that neither the principle of my protest the annual grant to the National Cen- justice of our judicial system. I urge my col- nor the strength of my argument will change ter for Missing and Exploited Children leagues to put aside their own agendas to en- the collectively obstinate mind of the House to $20 million a year through fiscal sure that all states have the ability to start Leadership. If even the personal pleas of Eliz- 2005, mandates a minimum 20-year pris- their own AMBER Alert programs and work to- abeth Smart and her family cannot influence on sentence for the kidnapping of a gether so that families of abducted children the House Leadership to bring a clean person under the age of 18 by a non- will have some hope of the real possibility that AMBER Alert bill to a vote, then I must con- family member, authorizes COPS fund- their child could soon be returned to them. clude that neither can mine. I am now con- ing for a sex offender apprehension pro- Mr. HOLT. Mr. Chairman, I rise today to ex- vinced that the only way AMBER will become gram, adds four new wiretap predicates press my serious reservations with the Child law is by the overwhelming force of con- that relate to sexual exploitation Abduction Prevention Act. Although these res- science—from the public, from Congress, and crimes against children. ervations were not sufficient enough to compel from me personally—to communicate in no We give these predicates so that the me to vote against it, I want to make it clear uncertain terms that AMBER Alert will not be police will have the same authority to that I am not pleased with the tactics em- stopped by cynical political games. The only seek court wiretap authority when ployed by the House leadership that brought true loser today are America’s children who someone is using the Internet to try to this bill to the Floor. will now have to wait even longer for Con- entice children that the police pres- By introducing the Child Abduction Preven- gress and the President to strengthen our na- ently have in cases of organized crime, tion Act today and passing a rule to prevent tional AMBER Alert system. international terrorism, or drug traf- the clean Frost-Dunn AMBER Alert Network Mrs. JOHNSON of Connecticut. Mr. Chair- ficking. Act from coming to a vote, this House Leader- man, I rise in strong support of H.R. 1104, the The bill facilitates the prevention of ship has imperiled chances for the AMBER Child Abduction Prevention Act. Last Con- international parental kidnapping by Alert to become law in the near-term. In fact, gress the House of Representatives passed adding an attempt to liability to the AMBER Alert could have become law this parts of this bill, unfortunately these reforms statute defining that offense, and it week if the leadership so willed it. The House were never taken up by the other body. punishes persons who travel to foreign Leadership, however, has chosen repeatedly Mr. Chairman, the longer I work with this countries to engage in illegal sexual re- to undermine all heartfelt attempts by me and issue of the vulnerability of children to sexual lations with minors and criminalizes many of my colleagues to make the AMBER molestation and exploitation, the starker the the actions of sex tourism operators. Alert national law right now. Today’s vote is picture becomes. According to the United These are provisions that the oppo- only another indication of the Leadership’s States Department of Justice, the number of nents of this bill want to strip out. willful intransigence. This bill was supposed to missing persons reported to law enforcement They are important provisions. They be about protecting our nation’s children. It increased 468 percent in the past 20 years. ought to be the law of the land, and we was supposed to be about supporting a Na- And every year 3,000 to 5,000 children are ought to pass H.R. 1104 intact today to tional AMBER Alert Network. Sadly, this bill kidnapped by sexual predators. make them the law of the land. was really about politics. Mr. Chairman, right now while we debate Ms. SCHAKOWSKY. Mr. Chairman, I rise I ran for Congress more than four years ago this bill sexual predators are trolling the inter- today in reluctant support of H.R. 1104, the because I wanted to restore the trust of the net looking for potential victims. They manipu- Child Abduction Prevention Act. While there American people in our system of self-govern- late children, convince them they are a friend, are some provisions in this bill which I oppose, ment. I wanted to break through the cynicism and force the child to not trust anyone else. I feel it is crucial that the House pass legisla- that had poisoned the people’s faith in our de- These predators are serial offenders who tion as soon as possible that would help foster mocracy and in our elected representatives. often travel to conduct multiple sexual of- the establishment of a coordinated, national The cynical tactics employed by the House fenses against multiple children. AMBER Alert system. Leadership today on the AMBER Alert are ex- We need to stop these sexual predators be- I believe that the government must do all it actly what I came here to Congress to fight. fore they can lay a hand on a child, because can to facilitate the expansion of the AMBER Last October, this same House Leadership once a child comes into contact with a pred- Alert program which has been credited with had the opportunity to make the AMBER Alert ator it is often too late. 3 out of 4 children who recovering at least 27 children. I am proud to national law. The Senate had passed an are kidnapped and murdered are killed within say that Illinois has a statewide AMBER Alert AMBER Alert bill. The House had an oppor- three hours of their abduction. program. However, I am disappointed that the tunity to pass it quickly into law, but the Lead- Mr. Chairman, the average victim is an 11- House leadership did not give us the oppor- ership decided to play politics with the bill and year-old-girl with a stable family relationship tunity to vote on a stand-alone AMBER Alert added a list of other provisions. At the time I who has initial contact with the abductor within bill, H.R. 412, of which I am a cosponsor, and took a stand against the Leadership and op- a quarter mile of her home. Our law enforce- instead forced us to vote on a bill that includes posed their political games, and I took on the ment officers are fighting a difficult battle, and controversial provisions. nay-sayers back home who said I should have this legislation acknowledges that techno- Specifically, this bill expands cases in which backed down. The facts are the same today logical advances have fundamentally changed the death penalty can be imposed. I strongly as they were then: these tactics are designed the method through which a sex predator lures oppose capital punishment, and therefore op- to prevent AMBER Alert from becoming law. a child into an exploitive relationship. pose this provision. In addition, this bill in- As a result, six months have passed and we When Detective James Wardwell, from my cludes an amendment which I voted against still don’t have AMBER Alert. hometown of New Britain, Connecticut, testi- which turns the Sentencing guidelines into lit- I wanted to bring a clean AMBER Alert bill fied before the Crime Subcommittee on this tle more than mandatory minimum sentencing to the House floor identical to the one passed very issue he told us that as a matter of

VerDate Dec 13 2002 00:58 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K27MR7.025 H27PT1 H2414 CONGRESSIONAL RECORD — HOUSE March 27, 2003 course, sex predators want to know who they bringing to the floor the Senate-passed bill systems to locate a missing child and put in are communicating with. Invariable, sex preda- identical to the Frost/Dunn AMBER Bill, re- place stronger penalties to prevent child ab- tors move their conversations off-line and onto sources could have been made available to ductions and sexual exploitation. Both things the telephone, especially when they are pre- our state and local governments more quickly. are needed to make our children safer. paring to meet the child. The authorities need Instead the decision of the Republican Leader- Support of the AMBER Alert communica- the ability to track these conversations, if we ship will only serve to further delay these valu- tions plans is a key component of this legisla- are to effectively protect our children. able resources for months. tion. AMBER Alert is used by state and local In addition to fighting the sexual exploitation Mr. Chairman, our children deserve better. It enforcement agencies to search for abducted of children in the United States, this bill also was my hope, that given the recent high-pro- children. Currently there are 87 AMBER plans helps the FBI and the Customs service fight file abductions, the Leadership of this House across the country with 38 of them statewide. the growing sex tourism industry. More and would put partisanship aside and focus on the Forty seven children have been recovered as more Americans are traveling overseas to na- lives of our children before anything else. a direct result of AMBER. tions that have limited child prostitution laws or Regardless of this, I support this bill brought AMBER Alert systems must be coordinated enforcement. Travel agencies have sprung up before us today. Although I am disappointed and funded to increase communication when a that cater to these pedophiles, and so called with the way this issue has come to surface, child is a abducted or reported missing. This ‘‘situation abusers.’’ Just because their in- my support for the legislation remains the bill increases AMBER funding and puts in law tended victims are not American citizens does same. the national coordinator already in place at the not absolve us of the need to capture dan- Mr. Chairman, I wish to take a moment to Department of Justice. gerous criminals. These people do not only commend Mr. FROST and Ms. DUNN for their But increasing communication alone will not act on their predatory impulses overseas. continued pursuit to help our children and fam- deter child abductors or child predators from They return to the United States emboldened ilies. abusing children. It will take the strong pen- I respectfully urge my colleagues to vote in by their experiences. They are often people alties contained in this legislation to prevent favor of this bill, and to continue to work on who commit multiple offenses, with multiple child abductions and child exploitation. behalf of our nation’s children. This legislation puts in place the necessary victims. Capturing these dangerous criminals Mr. STARK. Mr. Chairman, I rise today to enforcement tools to assure that child abduc- at the earliest opportunity can prevent the opposition to H.R. 1104, the Child Abduction tors and child predators will not escape jus- needless destruction of the life of any number Prevention Act. I am greatly troubled by this tice. of children. This bill focuses on the reprehen- vote. sible agencies which facilitate this travel and I support the AMBER Alert program as a This bill offers a comprehensive package of makes it easier for law enforcement to track vital means to prevent child abduction and child abduction prevention tools that make se- them and their rogue clientele. track down those who prey upon our children. vere child abuse and torture a capital crime; We must modernize our laws because sex I am a cosponsor of the bipartisan Frost-Dunn provide stronger penalties against kidnapping predators no longer lurk at the school yard. AMBER Alert Network Act that would help all and sexual trafficking; keep child kidnappers Today they lurk in Internet chatrooms. Today states implement this vital program. It would behind bars until trial; and put a ‘‘two strikes our children are under attack on the Internet, ensure that a strong nation-wide network ex- you’re out’’ law in place. and under siege in chat rooms. Sex predators ists to protect our children from these horrific After all, how many children’s lives do you seek out children on-line, manipulate, meet, crimes. have to ruin before you should be locked up molest and murder them. We must act to give Yet, Republicans have never allowed a for life? our law enforcement agencies all the tools clean vote on this legislation. They have de- Additionally, this legislation keeps all the necessary to stop sexual predators before cided once again to include this legislation safeguards in place for wiretapping, but cre- they can strike. within a larger criminal justice bill that includes ates 4 new circumstances to allow better mon- Wiretapping is an effective tool that will new, draconian sentencing guidelines and itoring of criminals’ abuse of children’s chat prove especially useful in dealing with sex abuses to our basic Constitutional rights. I rooms. predators and persons involved in the sex cannot in good conscience support these pro- We used to be able to keep an eye on our tourism industry. Law enforcement officers will visions. They will ultimately doom this bill children at the playground in order to keep still have to present their case to a judge to when it comes before the Senate, just like last them safe. Chat rooms pose a dangerous new authorize the use of the wiretap. Wiretapping year. challenge that we must confront. provides the best physical evidence to secure Just as with the child abduction bill brought I believe that H.R. 1104 shows the Amer- a conviction and get pedophiles off the street, to the House floor last October, I object to al- ican people that communication and preven- especially when the child victims are unable to lowing the government to abuse fundamental tion are necessary to protect our children and cooperate with authorities. Also, it is worth privacy rights as this bill does. The Repub- keep them safe. noting that wiretap transcripts can be used in licans continue to push provisions giving the Mr. BOEHNER. Mr. Chairman, I speak in lieu of a child’s testimony when prosecuting FBI unprecedented wiretap authority to en- support of H.R. 1104, the Child Abduction Pre- these sexual predators. gage in secret surveillance of our homes. This vention Act, which strengthens the punishment I urge my colleagues to support the Child is unconstitutional and I will support it. and consequences of those criminals who Abduction Prevention Act. Chairman SENSENBRENNER and the Repub- would dare to harm our children, as well as Mr. REYES. Mr. Chairman, I rise today in lican Leadership again insisted on including a provides for the national coordination of the support of H.R. 1104, the Child Abduction Pre- ‘‘2 strikes and you’re out’’ sentencing provi- AMBER Alert communications network. This vention Act. This bill is important to ensure sion. This type of mandatory minimum sen- legislation also increases the authorization for that there are enough resources dedicated to tence is not only draconian, it is ineffective in the National Center for Missing and Exploited the recovery of missing and abducted children. deterring these types of crimes. Children (NCMEC), which serves as the na- I am proud to have associated myself as an This bill again will expand the number of tional resource center and clearinghouse to original cosponsor of H.R. 412, the AMBER crimes punishable under the death penalty. aid missing and exploited children and their Alert Network Act, a bill introduced by my col- This is done despite evidence that many families. league from Texas, Mr. FROST, and my col- Americans have been wrongly sentenced to H.R. 1104 includes Section 305, which in- league from Washington, Ms. DUNN. death. This is wrong and I will not support it. creases the authorization level of the National This AMBER bill strengthens missing child I urge my colleagues to join me in voting Center for Missing and Exploited Children to alerts by providing state and local plans with again against this legislation. Lets send a $20,000,000 for fiscal years 2004 and 2005. grants to fund communications improvements message to the House Republicans to stop As the nation’s resource center and clearing- like highway signs so an abductor can’t es- putting their blind allegiance to right wing poli- house for missing and exploited children, the cape simply by traveling outside the reach of tics ahead of the safety of our kids. Let’s get Center carries out many important responsibil- radio and TV broadcasts. It also formally es- the national AMBER Alert network off the ities that provide assistance to families and tablishes a national AMBER coordinator office ground once and for all—for the sake of all law enforcement agencies in locating and re- at the Justice Department to establish vol- America’s families and their children. covering missing and exploited children, both untary standards, provide training and help Mr. DELAY. Mr. Chairman, today the House nationally and internationally. states coordinate their AMBER plans. will consider the ‘‘Child Abduction Prevention In order to do this, the Center operates a I am deeply disappointed that the Repub- Act’’ sponsored by Chairman SENSENBRENNER. national 24-hour toll-free telephone line for in- lican Leadership has failed to see the impor- This bill, H.R. 1104, is drafted to do two im- dividuals to report information regarding the lo- tance of the expeditious review of this bill. By portant things: increase the communication cation of any missing child. A call to NCMEC’s

VerDate Dec 13 2002 01:35 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\A27MR7.005 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2415 Hotline sets into motion the Missing Children’s The Congress needed to enact this critically veloping, enhancing, and coordinating their Division where Case Management staff: important legislation sooner rather than later. AMBER alert plans. Second, the bill author- Disseminate lead information to the inves- Accordingly, I reiterate my disappointment in izes $5 million to be distributed to the Depart- tigating agency in charge of a missing or sex- the political wrangling that continues to pro- ment of Justice to award grants to encourage ually exploited child’s case; long this bill’s eventual presentation to the the development of AMBER alert activities. Assist citizens and law enforcement in filing President. The establishment of this AMBER alert coordi- missing person reports; Mrs. BLACKBURN. Mr. Chairman, as we nation program is a crucial step toward bring- Verify information on missing children en- debate H.R. 1104, the Child Abduction Pre- ing missing and abducted children home safe- tered into the FBI’s National Crime Information vention Act of 2003, it is important to talk ly. Center (NCIC) computer system and instruct about not only the AMBER Alert provision in As a member of the Congressional Missing law enforcement in the proper handling of the bill, but to also praise additional measures and Exploited Children’s Caucus, I have long these cases; of the legislation that serve and protect our been concerned about the safety of children, Offer resources and information to assist in Nation’s children. Certainly the AMBER Alert the most vulnerable members of our society. local, regional, national, or international system has helped to find missing children The caucus has worked to build awareness searches; throughout the nation and in my home state of about missing children, and to create a cohe- Coordinate with and send publications to Tennessee, but this bill has a wider scope by sive voice in Congress so that we might intro- enhance the investigative skills of law enforce- working to stop abductions before they occur. duce and pass legislation that will strengthen ment officers handling these cases; and H.R. 1104 gives us the ability to provide law enforcement and community mobilization Work in conjunction with INTERPOL, the stronger penalties against kidnappers, sex of- efforts to combat child abduction. H.R. 1104 U.S. Department of State, FBI, and the U.S. fenders and child abductors. It aids law en- achieves both of these goals and I encourage Customs Service. forcement by giving them the ability to pros- each of my colleagues to support this impor- And on behalf of the U.S. Department of ecute the criminals responsible for these tant legislation. Mr. HEFLEY. Mr. Chairman, I rise today in State, NCMEC handles cases coming into the crimes. For example, it requires a minimum strong support of H.R. 1104, the Child Abduc- United States arising from the Hague Conven- 20-year sentence for criminals that kidnap or tion Prevention Act. This important legislation tion on International Child Abduction. abduct a child under the age of 18. has several provisions that go a long way to- This worthwhile organization deserves our Of great importance, it denies pretrial re- ward securing the safety of our Nation’s chil- support. I urge my colleagues to support H.R. lease for child kidnappers or child rapists and dren. 1104. eliminates the statute of limitations for child Mr. UDALL of New Mexico. Mr. Chairman, I H.R. 1104 allows judges to extend super- kidnapping or sex crimes. vision of released sex offenders for the rest of rise to express my strong disappointment in Further, it gives a judge the discretion to the House Leadership’s politics-as-usual tac- their life. This bill will eliminate the statute of rule that a released sex offender’s supervision limitations for child abductions and sex crimes tics that effectively continue to hold the be extended up to a maximum of life. It also AMBER bill hostage, a word I do not use light- so that we can prosecute these criminals requires a mandatory life in prison sentence to whenever and wherever we find them. The ly considering the gravity of this important leg- twice convicted child sex offenders. These two clock will never run out and these criminals islation. provisions may give parents a small sense of Yesterday, the House had yet another op- will not get away with their despicable crimes. relief that a sex offender will not move into H.R. 1104 will deny pre-trial release for child portunity to expedite the enactment of a na- their neighborhood and prey on their children. rapists or child abductors so they cannot flee tional AMBER Alert System. The AMBER bill Each of these measures will work to en- this country and escape prosecution. This bill has had strong bipartisan support for several hance the good work being done at the local establishes a mandatory two-strikes-you’re-out months now. The national alert system would level by our child advocacy centers and orga- sentence for twice-convicted child sex offend- be law today but for Leadership’s permitting nizations. ers. H.R. 1104 will also mandate a minimum Judiciary Committee Chairman SENSEN- In addition, the Child Abduction and Preven- 20-year prison sentence for kidnaping of a BRENNER to hinder passage of a widely sup- tion Act of 2003 provides extra money for the minor non-family member. ported stands alone AMBER bill. Instead of a Missing and Exploited Youth Program—an es- Another important part of this legislation is simple House bill narrowly tailored to address sential element to both finding missing chil- the re-authorization and doubling of the annual the abduction of missing children in the United dren and preventing child abductions. It reau- grant to the National Center for Missing and States, the Chairman instead presented for a thorizes the annual grant to the National Cen- Exploited Children. H.R. 1104 also allows the vote a broader and more complicated bill rid- ter for Missing and Exploited Youth and dou- COPS program to use federal funds for a sex dled with controversial provisions. Yet as a re- bles the funding level to $20 million each year offender apprehension program to track sex sult of yesterday’s vote on the rule for the through 2005. offenders that violate the terms of their re- Sensenbrenner bill, the national AMBER Alert Unquestionably, the AMBER Alert provision lease. Finally, Mr. Chairman this bill estab- System faces further delay and an uncertain in this bill is an essential one. But it is also im- lishes a national AMBER Alert program to fa- outcome due to the impending conference perative that we act to stop abductions before cilitate the recovery of abducted children. with the Senate. they happen. The Child Prevention Act of On this final point Mr. Chairman I would like The Senate first passed a clean AMBER bill 2003 does just that. to take a minute to discuss the importance of six months ago, and did so again this past Mr. GOODLATTE. Mr. Chairman, I rise this program. Many people in both chambers January, both times by unanimous consent. today in support of H.R. 1104, the Child Ab- of Congress have worked long and hard to H.R. 412, the popular bipartisan bill that I duction Prevention Act. This important legisla- create the AMBER Alert program on a national proudly and fervently cosponsored in the tion cracks down on child predators and pro- level. I was the first member of this Congress House that same month, contains the same vides the resources to help ensure that ab- to introduce legislation in the House that language as the uncontroversial Senate bill. ducted children are safely returned home. would establish a national AMBER Alert pro- However, Chairman SENSENBRENNER has re- Specifically, H.R. 1104 increases the min- gram because I feel very strongly that our Na- fused to allow his committee to consider H.R. imum and maximum penalties for the sexual tion’s youth need to be protected. As many of 412 as a freestanding bill and instead insists exploitation and sex trafficking of children. It you are aware, the AMBER Alert program on pushing his version containing unrelated also directs the Sentencing Commission to in- would require the Attorney General to assign provisions that the Senate has previously con- crease the base offense level for kidnapping. a national coordinator for the AMBER Alert tested. As such, the debate of what should be Furthermore, it removes the statute of limita- communications network. This coordinator a simple, common sense proposal must con- tions for child abductions and for many felony would be responsible for (1) eliminating the tinue. sex offenses. This provision will be particularly gaps in this network; (2) working with the Prolonging the debate on this important leg- helpful in situations where DNA evidence con- States to develop additional networks and en- islation is outrageous and unnecessary. The clusively proves the identity of a perpetrator sure regional coordination; (3) act as the na- AMBER Alert System is a proven and invalu- years after the crime was committed. tionwide point of contact for network develop- able tool for aiding the recovery of abducted In addition to increasing criminal penalties ment for regional coordination. The AMBER children. Sadly though, children continue to go for child predators, H.R. 1104 also establishes Alert coordinator would notify the FBI con- missing in this country every day. How many and funds an AMBER alert coordination pro- cerning each child abduction for which the of these will be affected by the failure to enact gram. To accomplish this, the bill first estab- AMBER Alert network is activated and estab- a national AMBER Alert bill in a timely man- lishes an AMBER alert coordinator within the lish minimum standards for issuing and dis- ner? Department of Justice to assist States with de- seminating alerts.

VerDate Dec 13 2002 01:35 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\A27MR7.013 H27PT1 H2416 CONGRESSIONAL RECORD — HOUSE March 27, 2003 The AMBER Alert legislation would require SECTION 1. SHORT TITLE. (A) in section 2422(a), by striking ‘‘10’’ and in- the Secretary of Transportation to provide This Act may be cited as the ‘‘Child Abduction serting ‘‘20’’; grants to the States for the development and Prevention Act’’. (B) in section 2422(b), by striking ‘‘15’’ and in- enhancement of the communications system TITLE I—SANCTIONS AND OFFENSES serting ‘‘30’’; and (C) in section 2423(a), by striking ‘‘15’’ and in- along highways for the AMBER Alert network. SEC. 101. SUPERVISED RELEASE TERM FOR SEX serting ‘‘30’’. OFFENDERS. These grants will improve the development or (3) Section 1591(b)(2) of title 18, United States Section 3583 of title 18, United States Code, is enhancement of electronic message boards Code, is amended by striking ‘‘20’’ and inserting amended— and placement of additional signs along high- ‘‘40’’. (1) in subsection (e)(3), by inserting ‘‘on any (b) MINIMUM PENALTY INCREASES.—(1) Chap- ways. such revocation’’ after ‘‘required to serve’’; ter 110 of title 18, United States Code, is amend- Finally this legislation will direct the Attorney (2) in subsection (h), by striking ‘‘that is less ed— General to provide grants to States for the de- than the maximum term of imprisonment au- (A) in section 2251(d)— velopment of programs and activities for the thorized under subsection (e)(3)’’; and (i) by striking ‘‘or imprisoned not less than support of the AMBER Alert communications (3) by adding at the end the following: 10’’ and inserting ‘‘and imprisoned not less than ‘‘(k) Notwithstanding subsection (b), the au- plans. 15’’; thorized term of supervised release for any of- Mr. Chairman, I would like to thank all the (ii) by striking ‘‘and both,’’; fense under section 1201 involving a minor vic- members who have worked so hard on this (iii) by striking ‘‘15’’ and inserting ‘‘25’’; and tim, and for any offense under section 1591, legislation. This is a vital piece of legislation (iv) by striking ‘‘30’’ the second place it ap- 2241, 2242, 2244(a)(1), 2244(a)(2), 2251, 2251A, that, when enacted, will go a long way toward pears and inserting ‘‘35’’; 2252, 2252A, 2260, 2421, 2422, 2423, or 2425, is any (B) in section 2251A(a) and (b), by striking securing this country’s youth. term of years or life, and the sentence for any ‘‘20’’ and inserting ‘‘30’’; Mr. TERRY. Mr. Chairman, I rise in strong such offense that is a felony shall include a (C) in section 2252(b)(1)— support of H.R. 1104, the Child Abduction Pre- term of supervised release of at least 5 years.’’. (i) by striking ‘‘or imprisoned’’ and inserting vention Act. SEC. 102. FIRST DEGREE MURDER FOR CHILD Our nation rejoiced with the family of Eliza- ‘‘and imprisoned not less than 10 years and’’; ABUSE AND CHILD TORTURE MUR- (ii) by striking ‘‘or both,’’; and beth Smart when she was recovered safely DERS. (iii) by striking ‘‘5’’ and inserting ‘‘15’’; Section 1111 of title 18, United States Code, is after spending nine months at the mercy of (D) in section 2252(b)(2)— amended— her kidnapper. We will always remember her (i) by striking ‘‘or imprisoned’’ and inserting (1) in subsection (a)— courage in the face of terror, the steadfast- ‘‘and imprisoned not less than 5 years and’’; (A) by inserting ‘‘child abuse,’’ after ‘‘sexual ness of her family, the determination of law (ii) by striking ‘‘or both,’’; and abuse,’’; and (iii) by striking ‘‘2’’ and inserting ‘‘10’’; enforcement officers, and the life-saving help (B) by inserting ‘‘or perpetrated as part of a (E) in section 2252A(b)(1)— of the two couples who alerted police to her pattern or practice of assault or torture against (i) by striking ‘‘or imprisoned’’ and inserting abductor. The remarkable conclusion to this a child or children;’’ after ‘‘robbery;’’; and ‘‘and imprisoned not less than 10 years and’’; kidnapping has inspired our nation and drawn (2) by inserting at the end the following: ‘‘(c) For purposes of this section— (ii) by striking ‘‘or both,’’; and further attention to the plight of missing chil- (iii) by striking ‘‘5’’ and inserting ‘‘15’’; and dren and their families. ‘‘(1) the term ‘assault’ has the same meaning as given that term in section 113; (F) in section 2252A(b)(2)— According to the U.S. Department of Jus- (i) by striking ‘‘or imprisoned’’ and inserting tice, there were 58,200 children abducted by ‘‘(2) the term ‘child’ means a person who has not attained the age of 18 years and is— ‘‘and imprisoned not less than 5 years and’’; non-family members in 1999. Nearly half of ‘‘(A) under the perpetrator’s care or control; (ii) by striking ‘‘or both,’’; and these children were sexually assaulted, and or (iii) by striking ‘‘2’’ and inserting ‘‘10’’. about 100 were murdered. The National Cen- ‘‘(B) at least six years younger than the per- (2) Chapter 117 of title 18, United States Code, ter for Missing and Exploited Children reports petrator; is amended— that ‘‘74 percent of abducted children who are ‘‘(3) the term ‘child abuse’ means inten- (A) in section 2422(a)— tionally, knowingly, or recklessly causing death (i) by striking ‘‘or imprisoned’’ and inserting murdered are dead within three hours of the ‘‘and imprisoned not less than 2 years and’’; abduction.’’ or serious bodily injury to a child; ‘‘(4) the term ‘pattern or practice of assault or and H.R. 1104 will help recover children in these (ii) by striking ‘‘, or both’’; first crucial hours by aiding more states with torture’ means assault or torture engaged in on at least two occasions; (B) in section 2422(b)— setting up AMBER alert systems to utilize the ‘‘(5) the term ‘recklessly’ with respect to caus- (i) by striking ‘‘, imprisoned’’ and inserting eyes and ears of the public. This legislation ing death or serious bodily injury— ‘‘and imprisoned not less than 5 years and’’; will also help to keep career child rapists and ‘‘(A) means causing death or serious bodily and killers off our streets by establishing a manda- injury under circumstances in which the perpe- (ii) by striking ‘‘, or both’’; and tory lifetime prison sentence for twice-con- trator is aware of and disregards a grave risk of (C) in section 2423(a)— death or serious bodily injury; and (i) by striking ‘‘, imprisoned’’ and inserting victed child molesters, and a 20-year sentence ‘‘and imprisoned not less than 5 years and’’; for non-family child abductors. These critical ‘‘(B) such recklessness can be inferred from the character, manner, and circumstances of the and steps will help more families with missing chil- perpetrator’s conduct; (ii) by striking ‘‘, or both’’. dren experience the joy of having their child ‘‘(6) the term ‘serious bodily injury’ has the SEC. 104. STRONGER PENALTIES AGAINST KID- come back home. meaning set forth in section 1365; and NAPPING. Mr. Chairman, I urge my colleagues to join ‘‘(7) the term ‘torture’ means conduct, wheth- (a) SENTENCING GUIDELINES.—Notwith- me in supporting this legislation to help save er or not committed under the color of law, that standing any other provision of law regarding the lives of kidnapped children and prevent fu- otherwise satisfies the definition set forth in sec- the amendment of Sentencing Guidelines, the ture abductions. I yield back the balance of my tion 2340(1).’’. United States Sentencing Commission is directed time. SEC. 103. SEXUAL ABUSE PENALTIES. to amend the Sentencing Guidelines, to take ef- fect on the date that is 30 days after the date of Mr. SENSENBRENNER. Mr. Chair- (a) MAXIMUM PENALTY INCREASES.—(1) Chap- the enactment of this Act— man, I yield back the balance of my ter 110 of title 18, United States Code, is amend- ed— (1) so that the base level for kidnapping in time. section 2A4.1(a) is increased from level 24 to The CHAIRMAN pro tempore (Mr. (A) in section 2251(d)— (i) by striking ‘‘20’’ and inserting ‘‘30’’; and level 32 (121–151 months); SHIMKUS). All time for general debate (ii) by striking ‘‘30’’ the first place it appears (2) so as to delete section 2A4.1(b)(4)(C); and has expired. and inserting ‘‘50’’; (3) so that the increase provided by section Pursuant to the rule, the amendment (B) in section 2252(b)(1)— 2A4.1(b)(5) is 6 levels instead of 3. in the nature of a substitute printed in (i) by striking ‘‘15’’ and inserting ‘‘20’’; and (b) MINIMUM MANDATORY SENTENCE.—Section the bill shall be considered as an origi- (ii) by striking ‘‘30’’ and inserting ‘‘40’’; 1201(g) of title 18, United States Code, is amend- nal bill for the purpose of amendment (C) in section 2252(b)(2)— ed by striking ‘‘shall be subject to paragraph (2)’’ in paragraph (1) and all that follows under the 5-minute rule and shall be (i) by striking ‘‘5’’ and inserting ‘‘10’’; and (ii) by striking ‘‘10’’ and inserting ‘‘20’’; through paragraph (2) and inserting ‘‘shall in- considered read. clude imprisonment for not less than 20 years.’’. The text of the committee amend- (D) in section 2252A(b)(1)— (i) by striking ‘‘15’’ and inserting ‘‘20’’; and SEC. 105. PENALTIES AGAINST SEX TOURISM. ment in the nature of a substitute is as (ii) by striking ‘‘30’’ and inserting ‘‘40’’; and (a) IN GENERAL.—Section 2423 of title 18, follows: (E) in section 2252A(b)(2)— United States Code, is amended by striking sub- H.R. 1104 (i) by striking ‘‘5’’ and inserting ‘‘10’’; and section (b) and inserting the following: Be it enacted by the Senate and House of Rep- (ii) by striking ‘‘10’’ and inserting ‘‘20’’. ‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN IL- resentatives of the United States of America in (2) Chapter 117 of title 18, United States Code, LICIT SEXUAL CONDUCT.—A person who travels Congress assembled, is amended— in interstate commerce or travels into the United

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States, or a United States citizen or an alien ad- in the Indian country (as defined in section (b) APPLICATION.—The amendments made by mitted for permanent residence in the United 1151); this section shall apply to the prosecution of States who travels in foreign commerce, for the ‘‘(C) the term ‘prior sex conviction’ means a any offense committed before, on, or after the purpose of engaging in any illicit sexual con- conviction for which the sentence was imposed date of the enactment of this section. duct with another person shall be fined under before the conduct occurred constituting the Subtitle B—No Pretrial Release for Those Who this title or imprisoned not more than 30 years, subsequent Federal sex offense, and which was Rape or Kidnap Children or both. for a Federal sex offense or a State sex offense; SEC. 221. NO PRETRIAL RELEASE FOR THOSE NGAGING IN LLICIT EXUAL ONDUCT IN ‘‘(D) the term ‘minor’ means an individual ‘‘(c) E I S C WHO RAPE OR KIDNAP CHILDREN. FOREIGN PLACES.—Any United States citizen or who has not attained the age of 17 years; and Section 3142(e) of title 18, United States Code, alien admitted for permanent residence who ‘‘(E) the term ‘State’ has the meaning given is amended by striking ‘‘or 2332b’’ and inserting travels in foreign commerce, and engages in any that term in subsection (c)(2).’’. ‘‘1201, 1591, 2241, 2242, 2244(a)(1), 2242(a)(2), illicit sexual conduct with another person shall (b) CONFORMING AMENDMENT.—Sections 2251, 2251A, 2252, 2252A, 2260, 2332b, 2421, 2422, be fined under this title or imprisoned not more 2247(a) and 2426(a) of title 18, United States 2423, or 2425’’. than 30 years, or both. Code, are each amended by inserting ‘‘, unless ‘‘(d) ANCILLARY OFFENSES.—Whoever ar- section 3559(e) applies’’ before the final period. Subtitle C—No Waiting Period To Report ranges, induces, procures, or facilitates the trav- SEC. 107. ATTEMPT LIABILITY FOR INTER- Missing Children ‘‘Suzanne’s Law’’ el of a person knowing that such a person is NATIONAL PARENTAL KIDNAPPING. SEC. 241. AMENDMENT. traveling in interstate commerce or foreign com- Section 1204 of title 18, United States Code, is Section 3701(a) of the Crime Control Act of merce for the purpose of engaging in illicit sex- amended— 1990 (42 U.S.C. 5779(a)) is amended by striking ual conduct shall be fined under this title, im- (1) in subsection (a), by inserting ‘‘, or at- ‘‘age of 18’’ and inserting ‘‘age of 21’’. tempts to do so,’’ before ‘‘or retains’’; and prisoned not more than 30 years, or both. TITLE III—PUBLIC OUTREACH ‘‘(e) ATTEMPT AND CONSPIRACY.—Whoever at- (2) in subsection (c)— tempts or conspires to violate subsection (a), (b), (A) in paragraph (1), by inserting ‘‘or the SEC. 301. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS NETWORK. (c), or (d) shall be punishable in the same man- Uniform Child Custody Jurisdiction and En- (a) COORDINATION WITHIN DEPARTMENT OF ner as a completed violation of that subsection. forcement Act’’ before ‘‘and was’’; and JUSTICE.—The Attorney General shall assign an ‘‘(f) DEFINITION.—As used in this section, the (B) in paragraph (2), by inserting ‘‘or’’ after officer of the Department of Justice to act as the term ‘illicit sexual conduct’ means (1) a sexual the semicolon. national coordinator of the AMBER Alert com- act (as defined in section 2246) with a person TITLE II—INVESTIGATIONS AND munications network regarding abducted chil- that would be in violation of chapter 109A if the PROSECUTIONS dren. The officer so designated shall be known sexual act occurred in the special maritime and Subtitle A—Law Enforcement Tools To Protect as the AMBER Alert Coordinator of the Depart- territorial jurisdiction of the United States; or Children ment of Justice. (2) any commercial sex act (as defined in section SEC. 201. INTERCEPTIONS OF COMMUNICATIONS (b) DUTIES.—In acting as the national coordi- 1591) with a person who has not attained the IN INVESTIGATIONS OF SEX OF- nator of the AMBER Alert communications net- age of 18 years. FENSES. work, the Coordinator shall— ‘‘(g) DEFENSE.—In a prosecution under this (a) IN GENERAL.—Section 2516(1) of title 18, (1) seek to eliminate gaps in the network, in- section based on illicit sexual conduct as defined United States Code, is amended— cluding gaps in areas of interstate travel; in subsection (f)(2), it is a defense, which the (1) in paragraph (a), by inserting after ‘‘chap- (2) work with States to encourage the develop- defendant must establish by a preponderance of ter 37 (relating to espionage),’’ the following: ment of additional elements (known as local the evidence, that the defendant reasonably be- ‘‘chapter 55 (relating to kidnapping),’’; and AMBER plans) in the network; lieved that the person with whom the defendant (2) in paragraph (c)— (3) work with States to ensure appropriate re- engaged in the commercial sex act had attained (A) by inserting ‘‘1591 (sex trafficking),’’ be- gional coordination of various elements of the the age of 18 years.’’. fore ‘‘section 1751’’; network; and (b) CONFORMING AMENDMENT.—Section (B) by striking ‘‘2251 and 2252 (sexual exploi- (4) act as the nationwide point of contact 2423(a) of title 18, United States Code, is amend- tation of children)’’ and inserting ‘‘2251, 2251A, for— ed by striking ‘‘or attempts to do so,’’. 2252, 2252A, and 2260 (sexual exploitation of (A) the development of the network; and SEC. 106. TWO STRIKES YOU’RE OUT. children)’’; and (C) by inserting ‘‘sections 2421, 2422, 2423, and (B) regional coordination of alerts on ab- (a) IN GENERAL.—Section 3559 of title 18, 2425 (transportation for illegal sexual activity ducted children through the network. United States Code, is amended by adding at the and related crimes),’’ before ‘‘section 1029’’. (c) CONSULTATION WITH FEDERAL BUREAU OF end the following new subsection: (b) TRANSPORTATION FOR ILLEGAL SEXUAL AC- INVESTIGATION.—In carrying out duties under ‘‘(e) MANDATORY LIFE IMPRISONMENT FOR RE- TIVITY.—Section 2516(1) of title 18, United States subsection (b), the Coordinator shall notify and PEATED SEX OFFENSES AGAINST CHILDREN.— Code, is amended— consult with the Director of the Federal Bureau ‘‘(1) IN GENERAL.—A person who is convicted (1) by striking ‘‘or’’ at the end of paragraph of Investigation concerning each child abduc- of a Federal sex offense in which a minor is the (q); tion for which an alert is issued through the victim shall be sentenced to life imprisonment if (2) by inserting after paragraph (q) the fol- AMBER Alert communications network. the person has a prior sex conviction in which lowing: (d) COOPERATION.—The Coordinator shall co- a minor was the victim, unless the sentence of ‘‘(r) a violation of section 2422 (relating to co- operate with the Secretary of Transportation death is imposed. ercion and enticement) and section 2423(a) (re- and the Federal Communications Commission in ‘‘(2) DEFINITIONS.—For the purposes of this lating to transportation of minors) of this title, carrying out activities under this section. subsection— if, in connection with that violation, the in- SEC. 302. MINIMUM STANDARDS FOR ISSUANCE ‘‘(A) the term ‘Federal sex offense’ means— tended sexual activity would constitute a felony AND DISSEMINATION OF ALERTS ‘‘(i) an offense under section 2241 (relating to violation of chapter 109A or 110, including a fel- THROUGH AMBER ALERT COMMU- aggravated sexual abuse), 2242 (relating to sex- ony violation of chapter 109A or 110 if the sex- NICATIONS NETWORK. ual abuse), 2244(a)(1) or (2) (relating to abusive ual activity occurred, or was intended to occur, (a) ESTABLISHMENT OF MINIMUM STAND- sexual contact), 2245 (relating to sexual abuse within the special maritime and territorial juris- ARDS.—Subject to subsection (b), the AMBER resulting in death), 2251 (relating to sexual ex- diction of the United States, regardless of where Alert Coordinator of the Department of Justice ploitation of children), 2251A (relating to selling it actually occurred or was intended to occur; shall establish minimum standards for— or buying of children), or 2422(b) (relating to co- or’’; and (1) the issuance of alerts through the AMBER ercion and enticement of a minor into prostitu- (3) by redesignating paragraph (r) as para- Alert communications network; and tion); or graph (s). (2) the extent of the dissemination of alerts ‘‘(ii) an offense under section 2423(a) (relating issued through the network. SEC. 202. NO STATUTE OF LIMITATIONS FOR to transportation of minors) involving prostitu- CHILD ABDUCTION AND SEX CRIMES. (b) LIMITATIONS.—(1) The minimum standards tion or sexual activity constituting a State sex established under subsection (a) shall be adopt- (a) IN GENERAL.—(1) Chapter 213 of title 18, offense; United States Code, is amended by adding at the able on a voluntary basis only. ‘‘(B) the term ‘State sex offense’ means an of- end the following new section: (2) The minimum standards shall, to the max- fense under State law that consists of conduct imum extent practicable (as determined by the that would be a Federal sex offense if, to the ex- ‘‘§ 3297. Child abduction and sex offenses Coordinator in consultation with State and tent or in the manner specified in the applicable ‘‘Notwithstanding any other provision of law, local law enforcement agencies), provide that provision of this title— an indictment may be found or an information appropriate information relating to the special ‘‘(i) the offense involved interstate or foreign instituted at any time without limitation for any needs of an abducted child (including health commerce, or the use of the mails; or offense under section 1201 involving a minor vic- care needs) are disseminated to the appropriate ‘‘(ii) the conduct occurred in any common- tim, and for any felony under section 1591, 2241, law enforcement, public health, and other pub- wealth, territory, or possession of the United 2242, 2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, lic officials. States, within the special maritime and terri- 2252A, 2260, 2421, 2422, 2423, or 2425.’’. (3) The minimum standards shall, to the max- torial jurisdiction of the United States, in a Fed- (2) The table of sections at the beginning of imum extent practicable (as determined by the eral prison, on any land or building owned by, such chapter is amended by adding at the end Coordinator in consultation with State and leased to, or otherwise used by or under the con- the following new item: local law enforcement agencies), provide that trol of the Government of the United States, or ‘‘3297. Child abduction and sex offenses.’’. the dissemination of an alert through the

VerDate Dec 13 2002 00:58 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 6333 E:\CR\FM\A27MR7.008 H27PT1 H2418 CONGRESSIONAL RECORD — HOUSE March 27, 2003 AMBER Alert communications network be lim- signs or other motorist information systems to (1) by redesignating paragraphs (10) and (11) ited to the geographic areas most likely to facili- notify motorists about abductions of children. as (11) and (12), respectively; and tate the recovery of the abducted child con- (d) FEDERAL SHARE.—The Federal share of (2) by inserting after paragraph (9) the fol- cerned. the cost of any activities funded by a grant lowing: (4) In carrying out activities under subsection under this section may not exceed 80 percent. ‘‘(10) assist a State in enforcing a law (a), the Coordinator may not interfere with the (e) DISTRIBUTION OF GRANT AMOUNTS.—The throughout the State which requires that a con- current system of voluntary coordination be- Secretary shall, to the maximum extent prac- victed sex offender register his or her address tween local broadcasters and State and local ticable, distribute grants under this section with a State or local law enforcement agency law enforcement agencies for purposes of the equally among the States that apply for a grant and be subject to criminal prosecution for fail- AMBER Alert communications network. under this section within the time period pre- ure to comply;’’. (c) COOPERATION.—(1) The Coordinator shall scribed by the Secretary. The CHAIRMAN pro tempore. No cooperate with the Secretary of Transportation (f) ADMINISTRATION.—The Secretary shall pre- scribe requirements, including application re- amendment to the committee amend- and the Federal Communications Commission in ment in the nature of a substitute is in carrying out activities under this section. quirements, for the receipt of grants under this (2) The Coordinator shall also cooperate with section. order except those printed in House Re- local broadcasters and State and local law en- (g) DEFINITION.—In this section, the term port 108–48. Each amendment may be ‘‘State’’ means any of the 50 States, the District forcement agencies in establishing minimum offered only in the order printed in the of Columbia, or Puerto Rico. standards under this section. report, by a Member designated in the (h) AUTHORIZATION OF APPROPRIATIONS.— SEC. 303. GRANT PROGRAM FOR NOTIFICATION There is authorized to be appropriated to the report, shall be considered read, shall AND COMMUNICATIONS SYSTEMS Secretary to carry out this section $20,000,000 for be debatable for the time specified in ALONG HIGHWAYS FOR RECOVERY OF ABDUCTED CHILDREN. fiscal year 2004. Such amounts shall remain the report, equally divided and con- available until expended. (a) PROGRAM REQUIRED.—The Secretary of trolled by a proponent and an oppo- (i) STUDY OF STATE PROGRAMS.— Transportation shall carry out a program to nent, shall not be subject to amend- (1) STUDY.—The Secretary shall conduct a ment, and shall not be subject to a de- provide grants to States for the development or study to examine State barriers to the adoption enhancement of notification or communications and implementation of State programs for the mand for division of the question. systems along highways for alerts and other in- use of communications systems along highways It is now in order to consider amend- formation for the recovery of abducted children. for alerts and other information for the recovery ment No. 1 printed in House Report (b) DEVELOPMENT GRANTS.— of abducted children. 108–48. (1) IN GENERAL.—The Secretary may make a (2) REPORT.—Not later than 1 year after the grant to a State under this subsection for the AMENDMENT NO. 1 OFFERED BY MR. PENCE date of enactment of this Act, the Secretary Mr. PENCE. Mr. Chairman, I offer an development of a State program for the use of shall transmit to Congress a report on the re- changeable message signs or other motorist in- sults of the study, together with any rec- amendment. formation systems to notify motorists about ab- ommendations the Secretary determines appro- The CHAIRMAN pro tempore. The ductions of children. The State program shall priate. Clerk will designate the amendment. provide for the planning, coordination, and de- SEC. 304. GRANT PROGRAM FOR SUPPORT OF The text of the amendment is as fol- sign of systems, protocols, and message sets that AMBER ALERT COMMUNICATIONS lows: support the coordination and communication PLANS. Amendment No. 1 offered by Mr. PENCE: necessary to notify motorists about abductions (a) PROGRAM REQUIRED.—The Attorney Gen- At the end of title I (page ll, after line of children. eral shall carry out a program to provide grants ll), insert the following: (2) ELIGIBLE ACTIVITIES.—A grant under this to States for the development or enhancement of SEC. 108. MISLEADING DOMAIN NAMES ON THE subsection may be used by a State for the fol- programs and activities for the support of INTERNET. lowing purposes: AMBER Alert communications plans. (a) IN GENERAL.—Chapter 110 of title 18, (A) To develop general policies and procedures (b) ACTIVITIES.—Activities funded by grants United States Code, is amended by inserting to guide the use of changeable message signs or under the program under subsection (a) may in- after section 2252A the following: other motorist information systems to notify mo- clude— ‘‘§ 2252B. Misleading domain names on the torists about abductions of children. (1) the development and implementation of Internet (B) To develop guidance or policies on the education and training programs, and associ- content and format of alert messages to be con- ated materials, relating to AMBER Alert com- ‘‘(a) Whoever knowingly uses a misleading veyed on changeable message signs or other munications plans; domain name with the intent to deceive a traveler information systems. (2) the development and implementation of person into viewing obscenity on the Inter- (C) To coordinate State, regional, and local law enforcement programs, and associated net shall be fined under this title or impris- plans for the use of changeable message signs or equipment, relating to AMBER Alert commu- oned not more than 2 years, or both. other transportation related issues. nications plans; and ‘‘(b) Whoever knowingly uses a misleading (D) To plan secure and reliable communica- (3) such other activities as the Attorney Gen- domain name with the intent to deceive a tions systems and protocols among public safety eral considers appropriate for supporting the minor into viewing material that is harmful and transportation agencies or modify existing AMBER Alert communications program. to minors on the Internet shall be fined (c) FEDERAL SHARE.—The Federal share of the communications systems to support the notifica- under this title or imprisoned not more than cost of any activities funded by a grant under tion of motorists about abductions of children. 4 years, or both. the program under subsection (a) may not ex- (E) To plan and design improved systems for ‘‘(c) For the purposes of this section, a do- ceed 50 percent. communicating with motorists, including the ca- main name that includes a word or words to (d) DISTRIBUTION OF GRANT AMOUNTS ON GEO- pability for issuing wide area alerts to motorists. indicate the sexual content of the site, such GRAPHIC BASIS.—The Attorney General shall, to (F) To plan systems and protocols to facilitate as ‘sex’ or ‘porn’, is not misleading. the maximum extent practicable, ensure the dis- ‘‘(d) For the purposes of this section, the the efficient issuance of child abduction notifi- tribution of grants under the program under term ‘material that is harmful to minors’ cation and other key information to motorists subsection (a) on an equitable basis throughout means any communication that— during off-hours. the various regions of the United States. ‘‘(1) taken as a whole and with respect to (G) To provide training and guidance to (e) ADMINISTRATION.—The Attorney General minors, appeals to a prurient interest in nu- transportation authorities to facilitate appro- shall prescribe requirements, including applica- dity, sex, or excretion; priate use of changeable message signs and tion requirements, for grants under the program ‘‘(2) depicts, describes, or represents, in a other traveler information systems for the notifi- under subsection (a). patently offensive way with respect to what cation of motorists about abductions of children. (f) AUTHORIZATION OF APPROPRIATIONS.—(1) is suitable for minors, an actual or simulated (c) IMPLEMENTATION GRANTS.— There is authorized to be appropriated for the sexual act or sexual contact, actual or simu- (1) IN GENERAL.—The Secretary may make a Department of Justice $5,000,000 for fiscal year lated normal or perverted sexual acts, or a grant to a State under this subsection for the 2004 to carry out this section. lewd exhibition of the genitals; and implementation of a program for the use of (2) Amounts appropriated pursuant to the au- ‘‘(3) taken as a whole, lacks serious lit- changeable message signs or other motorist in- thorization of appropriations in paragraph (1) erary, artistic, political, or scientific value formation systems to notify motorists about ab- shall remain available until expended. as to minors.’’. ductions of children. A State shall be eligible for SEC. 305. INCREASED SUPPORT. (b) CLERICAL AMENDMENT.—The table of a grant under this subsection if the Secretary Section 404(b)(2) of the Juvenile Justice and sections at the beginning of chapter 110 of determines that the State has developed a State Delinquency Prevention Act of 1974 (42 U.S.C. title 18, United States Code, is amended by program in accordance with subsection (b). 5773(b)(2)) is amended by inserting ‘‘and inserting after the time relating to section (2) ELIGIBLE ACTIVITIES.—A grant under this $20,000,000 for each of fiscal years 2004 and 2252A the following new item: subsection may be used by a State to support the 2005’’ after ‘‘and 2003’’. ‘‘2252B. False or misleading domain names implementation of systems that use changeable SEC. 306. SEX OFFENDER APPREHENSION PRO- on the Internet.’’. message signs or other motorist information sys- GRAM. tems to notify motorists about abductions of Section 1701(d) of part Q of title I of the Om- The CHAIRMAN pro tempore. Pursu- children. Such support may include the pur- nibus Crime Control and Safe Streets Act of 1968 ant to House Resolution 160, the gen- chase and installation of changeable message (42 U.S.C. 3796dd(d)) is amended— tleman from Indiana (Mr. PENCE) and a

VerDate Dec 13 2002 00:58 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.008 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2419 Member opposed each will control 5 ducted by the Berkeman Center at Har- Mr. ADERHOLT. Mr. Chairman, first minutes. vard Law School reviewed 5,000 domain of all, let me thank the full committee The Chair recognizes the gentleman names that were just slight Chair for his support for this amend- from Indiana (Mr. PENCE). misspellings of existing Web sites and ment. We think this is certainly impor- Mr. PENCE. Mr. Chairman, I yield found, and I am quoting, ‘‘A majority tant, and it speaks well of him and his myself 3 minutes. of these domain names are variations committee for accepting this amend- Mr. Chairman, I rise today as the au- on sites frequently used by children; ment, support of it. thor of the Pence amendment, the and although their domain names do I am proud to stand here today in Truth in Domain Names Act, as a legis- not suggest the presence of sexually ex- strong support of this amendment of- lator, as a member of the Committee plicit content, more than 89 percent of fered by the gentleman from Indiana on the Judiciary, its Subcommittee on the Web sites examined contained sex- (Mr. PENCE), my good friend and col- Courts, the Internet, and Intellectual ually explicit material.’’ league. Passage of this legislation rep- Property; but also, most importantly, The Pence amendment is endorsed by resents a positive step towards pro- Mr. Chairman, I rise today as a dad leading organizations of a child advo- tecting our children from pornographic who loves to sit my 9-year-old daughter cate nature, and I urge its passage. Web sites. or my 11-year-old son on my knee and Mr. Chairman, I reserve the balance As the dad of a 3-year-old, I know help them with their homework on the of my time. personally that there is no substitute Internet. It was the experience of doing The CHAIRMAN pro tempore. Is for parental supervision when it comes that that inspired me in the last Con- there any Member seeking time in op- to the safety of our children. This bill gress to author the Truth in Domain position? does not assume to be the solution to Names Act, and it has inspired me to Mr. SCOTT of Virginia. Yes, Mr. parents who make the Internet a baby- bring this amendment to the under- Chairman. sitter for their kids. Instead, this is The CHAIRMAN pro tempore. The lying bill, the Child Abduction Preven- meant to be a tool in the arsenal of re- Chair recognizes the gentleman from tion Act, today. sponsible parenting. I believe this is Virginia (Mr. SCOTT). why the National Center for Missing Thanks to the extraordinary leader- Mr. SCOTT of Virginia. Mr. Chair- ship of the gentleman from Wisconsin and Exploited Children is supporting man, I yield myself such time as I may this amendment. (Chairman SENSENBRENNER), we are consume. considering a bill today that will make The purpose of this bill is to punish This is one of the reasons why it is those who use misleading domain measurable progress in protecting our difficult to consider legislation on the children from child predators. I would names to attract children to porno- floor that had not been considered by graphic Web sites. These sites use le- offer humbly today, Mr. Chairman, committee. Reading the legislation, it that the Pence amendment is just such gitimate-sounding names to lure chil- appears that they have defined things dren to view pornographic material. a bill. that are obscene and, if that is the Mr. SENSENBRENNER. Mr. Chair- This amendment, as has been cited, case, the whole site can be busted for would authorize punishment of up to a man, will the gentleman yield? obscenity. If it is not obscene, I am not Mr. PENCE. I yield to the gentleman quarter million dollars and imprison- sure that the amendment even applies. ment to 4 years. I would urge my col- from Wisconsin. Adding ‘‘misleading’’ will just add Mr. SENSENBRENNER. Mr. Chair- leagues to support this amendment and complications to the prosecution be- support final passage. man, I believe the gentleman’s amend- cause if we can prosecute for the ob- ment is a very constructive amend- Mr. SCOTT of Virginia. Mr. Chair- scenity, we do not have to get into the man, I reserve the balance of my time. ment. I urge the committee to adopt it. question of whether the title was mis- Mr. PENCE. Mr. Chairman, I have Mr. PENCE. Mr. Chairman, I thank leading or not. We have constitutional one remaining speaker on this amend- the gentleman. The Pence amendment implications with this because ‘‘mis- ment and would reserve the right to will make it a criminal act to know- leading’’ may apply to adults as well as close. ingly use a misleading domain name children. The CHAIRMAN pro tempore. The with the intent to deceive a person into There have been no hearings on this gentleman in opposition has the right viewing obscenity on the Internet; and, to my knowledge and certainly no com- to close. most especially, it would make it a mittee consideration of this. I would Mr. PENCE. Mr. Chairman, I yield 1 criminal act to knowingly use a mis- point out that if the exemption on the minute to the gentleman from Ne- leading domain name with the intent bill, if we have a sexual implication in braska (Mr. OSBORNE), probably one of to deceive a minor into viewing mate- the name of the Web site, that might the leading congressional advocates for rial on the Internet that is harmful. cause as many problems as it does solu- youth issues, the gentleman from the Like many of the Members, I believe tions because it would make it easier Committee on Education and the the Internet should remain free of reg- to find the pornographic and obscene Workforce. ulation, Mr. Chairman. The Pence sites. Mr. OSBORNE. Mr. Chairman, I amendment is not regulation of the The AMBER alert bill ought to be thank the gentleman from Indiana (Mr. Internet. It is an anti-fraud bill. It does passed by itself. We ought not be com- PENCE) for yielding me this time. I not prevent any material from being plicated with amendments such as this thank the gentleman from Wisconsin displayed on the Internet. In fact, a do- that have not been considered on the (Mr. SENSENBRENNER) for his support of main name that includes word or words floor. So I would hope we would defeat this amendment. to indicate sexual content on the site the amendment, take the AMBER alert A year ago, my staff brought to my like the word ‘‘sex’’ or ‘‘porn’’ is by portion of the bill by itself so that that attention the fact that my name uses a definition in this law not considered could be passed and considered, and search word that brought up a porn site misleading. The amendment simply re- deal with this kind of a measure in so that meant that anyone in my Dis- quires Web site owners to be honest committee where we can deliberate and trict who was doing research on their about the content of their site, pre- get all the fact and implications. Congressman was subject to a porn site venting families just like mine from Mr. Chairman, I reserve the balance and anyone doing research on athletics surfing the Internet as their children of my time. or football quite often would be sub- do homework and all of a sudden find- Mr. PENCE. Mr. Chairman, I am jected to the same pornographic mate- ing themselves in a place of prurient pleased to yield 1 minute to the gen- rial. I have grandchildren who are ages and pornographic material. tleman from Alabama (Mr. ADERHOLT), 6, 7, and 10, who all use the computer I am not the only one with this prob- a distinguished member of the Com- much better than I do, and it really lem. A recent survey conducted in the mittee on Appropriations, one of the concerns me that innocent words like year 2000 by the Crimes Against Chil- leading advocates of pro-family issues ‘‘Barbie’’ or ‘‘Disneyland’’ can bring up dren Research Center found that 71 per- in Congress. graphic pornographic material or in- cent of teens had accidentally come (Mr. ADERHOLT asked and was vite them into chat rooms that are fre- across inappropriate sexual material given permission to revise and extend quented by pedophiles. So this is an on the Internet. Another study con- his remarks.) issue that is very personal with me.

VerDate Dec 13 2002 00:58 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.028 H27PT1 H2420 CONGRESSIONAL RECORD — HOUSE March 27, 2003 Of course, we are concerned about The CHAIRMAN pro tempore. The (D) In the first sentence of section 5K2.0— first amendment rights, but what question is on the amendment offered (i) strike ‘‘outside’’ and insert ‘‘above’’; (ii) strike ‘‘or mitigating’’; and about the rights of children who grow by the gentleman from Indiana (Mr. (iii) strike ‘‘Under’’ and insert: up in a wholesome environment to PENCE). ‘‘(a) UPWARD DEPARTURES.—Under’’. maintain some innocence, to not be ex- The amendment was agreed to. (E) In the last sentence of the first para- ploited? The Pence amendment makes The CHAIRMAN pro tempore. It is graph of section 5K2.0, strike ‘‘or excessive’’. the use of domain names to delib- now in order to consider amendment (F) Immediately before the Commentary to section 5K2.0, insert the following: erately mislead children viewing por- No. 2 printed in House Report 108–48. ‘‘(b) DOWNWARD DEPARTURES.— nography to be a criminal activity. I AMENDMENT NO. 2 OFFERED BY MR. FEENEY ‘‘Under 18 U.S.C. § 3553(b)(2), the sentencing urge support of the Pence amendment. Mr. FEENEY. Mr. Chairman, I offer court may impose a sentence below the Mr. SCOTT of Virginia. Mr. Chair- an amendment. range established by the applicable guide- man, I yield myself such time as I may The CHAIRMAN pro tempore. The lines only if the court finds that there exists consume. Clerk will designate the amendment. a mitigating circumstance of a kind, or to a In closing, I would like to say that degree, that— The text of the amendment is as fol- ‘‘(1) has been affirmatively and specifically this bill has significant constitutional lows: identified as a permissible ground of down- implications. I include for the RECORD Amendment No. 2 offered by Mr. FEENEY: ward departure in the sentencing guidelines a letter from Artist Empowerment Co- At the end of title I (page , after line ), or policy statements issued under section alition in opposition to the amend- insert the following: 994(a) of title 28, United States Code, taking ment. SEC. . SENTENCING REFORM. account of any amendments to such sen- tencing guidelines or policy statements by ARTIST EMPOWERMENT COALITION, (a) REQUIREMENT TO SPECIFY IN THE GUIDE- New York, NY, March 26, 2003. LINES THE GROUNDS UPON WHICH DOWNWARD act of Congress; ‘‘(2) has not adequately been taken into Honorable Member, DEPARTURES MAY BE GRANTED.—Section consideration by the Sentencing Commission House Committee on Judiciary, 3553(b) of title 18, United States Code, is amended to read as follows: in formulating the guidelines; and Washington, DC. ‘‘(C) should result in a sentence different Dear MEMBER: The Artist Empowerment ‘‘(b) APPLICATION OF GUIDELINES IN IMPOS- from that described. Coalition (AEC) strongly opposes the lan- ING A SENTENCE.—The court shall impose a guage in Section 108 of the Amber Bill, which sentence of the kind, and within the range, ‘‘The grounds enumerated in this Part K of refers to MISLEADING DOMAIN NAMES ON referred to in subsection (a)(4) unless the chapter 5 are the sole grounds that have been THE INTERNET. The AEC represents a na- court finds that— affirmatively and specifically identified as a tionwide coalition of artists, songwriters, ‘‘(1) there exists an aggravating cir- permissible ground of downward departure in producers and industry executives. On behalf cumstance of a kind, or to a degree, not ade- these sentencing guidelines and policy state- of the coalition, we ask that you oppose this quately taken into consideration by the Sen- ments. Thus, notwithstanding any other ref- amendment and prevent its inclusion in the tencing Commission in formulating the erence to authority to depart downward else- legislation. The impact of its passage would guidelines that should result in a sentence where in this Sentencing Manual, a ground be much broader and more harmful than the different from that described; or of downward departure has not been affirma- intent in our view, for the following reasons: ‘‘(2) there exists a mitigating circumstance tively and specifically identified as a permis- 1. It is the artists’ 1st Amendment right to of a kind, or to a degree, that— sible ground of downward departure within express themselves creatively on the web or ‘‘(A) has been affirmatively and specifi- the meaning of section 3553(b)(2) unless it is otherwise. cally identified as a permissible ground of expressly enumerated in this Part K as a 2. Recording artists of all genres have downward departure in the sentencing guide- ground upon which a downward departure website domain names, which vary in origin lines or policy statements issued under sec- may be granted.’’. and may reflect simply their names, titles, tion 994(a) of title 28, United States Code, (2) At the end of part K of chapter 5, add who they are and/or what they represent taking account of any amendments to such the following new sections: musically. sentencing guidelines or policy statements ‘‘§ 5K2.22 Specific Offender Characteristics as 3. In some instances, an artists website by act of Congress; Grounds for Downward Departure (Policy content can include language and lyrics ‘‘(B) has not adequately been taken into Statement) which are part of their overall body of work. consideration by the Sentencing Commission ‘‘Age may be a reason to impose a sentence 4. The content of the website and their cre- in formulating the guidelines; and below the applicable guideline range only if ative expression is not and cannot always be ‘‘(C) should result in a sentence different and to the extent permitted by § 5H1.1. reflected within the domain name. from that described. ‘‘An extraordinary physical impairment may 5. Under Section 108 of this proposed In determining whether a circumstance was be a reason to impose a sentence below the amendment, content of an artists’ website, adequately taken into consideration, the applicable guideline range only if and to the judged subjectively, may be deemed ‘‘ob- court shall consider only the sentencing extent permitted by § 5H1.4. Drug, alcohol, or scene’’ and therefore, based upon absence of guidelines, policy statements, and official gambling dependence or abuse is not a rea- labeling to that effect, exposes an artist to commentary of the Sentencing Commission, son for imposing a sentence below the guide- punishment under the law which can include, together with any amendments thereto by lines. but is not limited to imprisonment. act of Congress. In the absence of an applica- ‘‘§ 5K2.23 Early Disposition Programs as a 6. The domain name selection, and its use ble sentencing guideline, the court shall im- Ground for Downward Departure (Policy on the part of an artist, is not, in this case, pose an appropriate sentence, having due re- Statement) ‘‘knowingly misleading,’’ rather it is se- gard for the purposes set forth in subsection ‘‘Upon motion of the government stating lected based upon an artists rights under the (a)(2). In the absence of an applicable sen- that: 1st Amendment of the Constitution. Further, the AEC believes artists should tencing guideline in the case of an offense ‘‘(1) due to extraordinary resource con- have the right to use domain names, which other than a petty offense, the court shall straints, not typical of most districts, asso- are not subject to ‘‘labeling’’ and third party also have due regard for the relationship of ciated with the disproportionately high inci- interpretations. We believe it is wrong to the sentence imposed to sentences prescribed dence of illegal reentry or other specific of- imply that an artist intends to ‘‘knowingly by guidelines applicable to similar offenses fenses within a particular district, the Attor- deceive’’ a person or persons simply by using and offenders, and to the applicable policy ney General has formally certified that the his or her name, for instance, as the domain statements of the Sentencing Commission, district is authorized to implement an early name rather than a description of the together with any amendments to such disposition program with respect to those website contents. guidelines or policy statements by act of specific categories of offenses; While the AEC supports efforts to protect Congress.’’. ‘‘(2) pursuant to such specific authoriza- children from kidnapping and efforts to ap- (b) REFORM OF EXISTING PERMISSIBLE tion, the United States Attorney for the dis- prehend criminals, we oppose this and any GROUNDS OF DOWNWARD DEPARTURES.—Sub- trict has implemented such an early disposi- measure, which wrongly makes criminals of ject to subsection (j), the Guidelines Manual tion program with respect to the category of the creative community, hinders the cre- promulgated by the Sentencing Commission offense for which the defendant has been con- ative process and violates creative rights pursuant to section 994(a) of title 28, United victed; under the law. Please vote ‘‘NO’’ on this bill States Code, is amended as follows: ‘‘(3) pursuant to such an early disposition as amended. (1) Section 5K2.0 is amended as follows: program, the defendant, within 30 days of his Sincerely, (A) Strike the first and second paragraphs or her first appearance before a judicial offi- of the Commentary to section 5K2.0 in their TRACEY WALKER, cer in connection with such a charge, en- Director of Public Affairs. entireties. tered into a plea agreement whereby he or (B) Strike ‘‘departure’’ every place it ap- she agrees, inter alia— Mr. SCOTT of Virginia. Mr. Chair- pears and insert ‘‘upward departure’’. ‘‘(A) not to file any of the motions de- man, I yield back the balance of my (C) Strike ‘‘depart’’ every place it appears scribed in Federal Rule of Criminal Proce- time. and insert ‘‘depart upward’’. dure 12(b)(3);

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‘‘(B) to waive appeal; (c) STATEMENT OF REASONS FOR IMPOSING A ‘‘(B) if it determines that the sentence is ‘‘(C) to waive the opportunity to pursue SENTENCE.—Section 3553(c) of title 18, United too low and the appeal has been filed under collateral relief under 28 U.S.C. §§ 2254 and States Code, is amended— subsection (b), it shall set aside the sentence 2555, including ineffective assistance of coun- (1) by striking ‘‘described.’’ and inserting and remand the case for further sentencing sel claims; and ‘‘described, which reasons must also be stat- proceedings with such instructions as the ‘‘(D) if an alien, to submit to uncontested ed with specificity in the written order of court considers appropriate, subject to sub- removal from the United States upon com- judgment and commitment, except to the ex- section (g);’’; and pletion of any sentence of imprisonment; tent that the court relies upon statements (D) Section 3742(f)(3) of title 18, United ‘‘(4) the plea agreement contemplates that received in camera in accordance with Fed- States Code, is amended by inserting ‘‘the the government will move for a downward eral Rule of Criminal Procedure 32. In the sentence’’ before ‘‘is not described’’. departure based on the defendant’s prompt event that the court relies upon statements (e) IMPOSITION OF SENTENCE UPON RE- agreement to enter into such an early dis- received in camera in accordance with Fed- MAND.—Section 3742 of title 18, United States position plea agreement; and ‘‘(5) the defend- eral Rule of Criminal Procedure 32 the court Code, is amended by redesignating sub- ant has fully satisfied the conditions of such shall state that such statements were so re- sections (g) and (h) as subsections (h) and (i) plea agreement, ceived and that it relied upon the content of and by inserting the following after sub- then, if the court finds that these conditions such statements.’’; section (f): have been met and also finds that the defend- (2) by inserting ‘‘, together with the order ‘‘(g) SENTENCING UPON REMAND.—A district ant has received the maximum adjustment of judgment and commitment,’’ after ‘‘the court to which a case is remanded pursuant for which he is eligible (given his offense court’s statement of reasons’’; and to subsection (f)(1) or (f)(2) shall resentence a level) under § 3E1.1, the court may depart (3) by inserting ‘‘and to the Sentencing defendant in accordance with section 3553 downward from the guidelines under this sec- Commission,’’ after ‘‘to the Probation Sys- and with such instructions as may have been tion only to the extent agreed to by the par- tem’’. given by the court of appeals, except that— ties in the plea agreement, which in no event (d) REVIEW OF A SENTENCE.— ‘‘(1) In determining the range referred to in shall exceed 4 levels. (1) REVIEW OF DEPARTURES.—Section subsection 3553(a)(4), the court shall apply ‘‘Commentary 3742(e)(3) of title 18, United States Code, is the guidelines issued by the Sentencing amended to read as follows: Commission pursuant to section 994(a)(1) of ‘‘Several districts, particularly on the ‘‘(3) is outside the applicable guideline southwest border, have early disposition pro- title 28, United States Code, and that were in range, and grams that allow them to process very large effect on the date of the previous sentencing ‘‘(A) the district court failed to provide the of the defendant prior to the appeal, together numbers of cases with relatively limited re- written statement of reasons required by sources. Such programs are based on the with any amendments thereto by any act of section 3553(c); Congress that was in effect on such date; and premise that a defendant who promptly ‘‘(B) the sentence departs from the applica- agrees to participate in such a program has ‘‘(2) The court shall not impose a sentence ble guideline range based on a factor that— outside the applicable guidelines range ex- saved the government significant and scarce ‘‘(i) does not advance the objectives set resources that can be used in prosecuting cept upon a ground that— forth in section 3553(a)(2); or ‘‘(A) was specifically and affirmatively in- other defendants and has demonstrated an ‘‘(ii) is not authorized under section acceptance of responsibility above and be- cluded in the written statement of reasons 3553(b); or required by section 3553(c)in connection with yond what is already taken into account by ‘‘(iii) is not justified by the facts of the the previous sentencing of the defendant the adjustments contained in § 3E1.1. This case; or section preserves the authority to grant lim- ‘‘(C) the sentence departs to an unreason- prior to the appeal; and ‘‘(B) was held by the court of appeals, in ited departures pursuant to such programs. able degree from the applicable guidelines remanding the case, to be a permissible In order to avoid unwarranted sentencing range, having regard for the factors to be ground of departure.’’. disparities within a given district, any de- considered in imposing a sentence, as set (f) DEFINITIONS.—Section 3742 of title 18, parture under this section must be pursuant forth in section 3553(a) of this title and the United States Code, as amended by sub- to a formal program that is approved by the reasons for the imposition of the particular section (e), is further amended by adding at United States Attorney and that applies gen- sentence, as stated by the district court pur- the end the following: erally to a specified class of offenders. Au- suant to the provisions of section 3553(c); ‘‘(j) DEFINITIONS.—For purposes of this sec- thorization for the district to establish an or’’. tion— early disposition program must also have (2) STANDARD OF REVIEW.—The last para- ‘‘(1) a factor is a ‘permissible’ ground of de- been specifically conferred by the Attorney graph of section 3742(e) of title 18, United parture if it— General, and may be granted only with re- States Code, is amended by striking ‘‘shall ‘‘(A) advances the objectives set forth in spect to those particular classes of offenses give due deference to the district court’s ap- section 3553(a)(2); and (such as illegal reentry) whose high inci- plication of the guidelines to the facts’’ and ‘‘(B) is authorized under section 3553(b); dence within the district has imposed an ex- inserting ‘‘, except with respect to deter- and traordinary strain on the resources of that minations under subsection (3)(A) or (3)(B), ‘‘(C) is justified by the facts of the case; district as compared to other districts. To be shall give due deference to the district and eligible for the departure, the plea agree- court’s application of the guidelines to the ‘‘(2) a factor is an ‘impermissible’ ground ment under the program must reflect that facts. With respect to determinations under of departure if it is not a permissible factor the defendant has agreed to an expeditious subsection (3)(A) or (3)(B), the court of ap- within the meaning of subsection (j)(1).’’. plea, as described. A defendant who has not peals shall review de novo the district (g) REFORM OF GUIDELINES GOVERNING AC- received any adjustment for acceptance of court’s application of the guidelines to the CEPTANCE OF RESPONSIBILITY.—Subject to responsibility under § 3E1.1 cannot receive a facts’’. subsection (j), the Guidelines Manual pro- departure under this provision. A defendant (3) DECISION AND DISPOSITION.— mulgated by the Sentencing Commission whose offense level makes him eligible for (A) The first paragraph of section 3742(f) of pursuant to section 994(a) of title 28, United the additional adjustment under § 3E1.1(b), title 18, United States Code, is amended by States Code, is amended— but who fails to satisfy the requirements for striking ‘‘the sentence’’; (1) in section 3E1.1(b)— such an adjustment, is likewise ineligible for (B) Section 3742(f)(1) of title 18, United (A) by inserting ‘‘upon motion of the gov- a departure under this provision. This sec- States Code, is amended by inserting ‘‘the ernment stating that’’ immediately before tion does not confer authority to depart sentence’’ before ‘‘was imposed’’; ‘‘the defendant has assisted authorities’’; downward on an ad hoc basis in individual (C) Section 3742(f)(2) of title 18, United and cases. Moreover, because the Government’s States Code, is amended to read as follows: (B) by striking ‘‘taking one or more’’ and affirmative acquiescence is essential to the ‘‘(2) the sentence is outside the applicable all that follows through and including ‘‘addi- fair and efficient operation of an early dis- guideline range and the district court failed tional level’’ and insert ‘‘timely notifying position program, a departure under this sec- to provide the required statement of reasons authorities of his intention to enter a plea of tion may only be granted upon a formal mo- in the order of judgment and commitment, guilty, thereby permitting the government tion by the Government at the time of sen- or the departure is based on an impermis- to avoid preparing for trial and permitting tencing. Nothing in this section authorizes a sible factor, or is to an unreasonable degree, the government and the court to allocate sentence below a statutory mandatory min- or the sentence was imposed for an offense their resources efficiently, decrease the of- imum.’’. for which there is no applicable sentencing fense level by 1 additional level’’; (3) Section 5K2.20 is deleted. guideline and is plainly unreasonable, it (1) in the Application Notes to the Com- (4) Section 5H1.6 and section 5H1.11 are shall state specific reasons for its conclu- mentary to section 3E1.1, by amending Ap- each amended by striking ‘‘ordinarily’’ every sions and— plication Note 6— place it appears. ‘‘(A) if it determines that the sentence is (A) by striking ‘‘one or both of’’; and (5) Section 5K2.13 is amended by— too high and the appeal has been filed under (B) by adding the following new sentence (A) striking ‘‘or’’ before ‘‘(3)’’; and subsection (a), it shall set aside the sentence at the end: ‘‘Because the Government is in (B) replacing ‘‘public’’ with ‘‘public; or (4) and remand the case for further sentencing the best position to determine whether the the defendant has been convicted of an of- proceedings with such instructions as the defendant has assisted authorities in a man- fense under chapter 71, 109A, 1110, or 117 of court considers appropriate, subject to sub- ner that avoids preparing for trial, an adjust- title 18, United States Code.’’. section (g); ment under subsection (b)(2) may only be

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granted upon a formal motion by the Gov- (j) CONFORMING AMENDMENTS.— (l) REPORT BY THE ATTORNEY GENERAL.— ernment at the time of sentencing.’’; and (1) Upon enactment of this Act, the Sen- (1) Not later than 15 days after a district (3) in the Background to section 3E1.1, by tencing Commission shall forthwith dis- court’s grant of a downward departure in any striking ‘‘one or more of’’. tribute to all courts of the United States and case, other than a case involving a downward (h) IMPROVED DATA COLLECTION.—Section to the United States Probation System the departure for substantial assistance to au- 994(w) of title 28, United States Code, is amendments made by subsections (b), (g), thorities pursuant to section 5K1.1 of the amended to read as follows: and (i) of this section to the sentencing Sentencing Guidelines, the Attorney General ‘‘(w)(1) The Chief Judge of each district guidelines, policy statements, and official shall report to the House and Senate Com- court shall ensure that, within 30 days fol- commentary of the Sentencing Commission. mittees on the Judiciary, setting forth the lowing entry of judgment in every criminal These amendments shall take effect upon the case, the facts involved, the identity of the case, the sentencing court submits to the date of enactment of this Act, in accordance district court judge, the district court’s stat- Commission a written report of the sentence, with paragraph (5). ed reasons, whether or not the court pro- the offense for which it is imposed, the age, (2) On or before May 1, 2005, the Sentencing vided the United States with advance notice race, sex of the offender, and information re- Commission shall not promulgate any of its intention to depart, the position of the garding factors made relevant by the guide- amendment to the sentencing guidelines, parties with respect to the downward depar- lines. The report shall also include— policy statements, or official commentary of ture, whether or not the United States has ‘‘(A) the judgment and commitment order; the Sentencing Commission that is incon- filed, or intends to file, a motion for recon- ‘‘(B) the statement of reasons for the sen- sistent with any amendment made by sub- sideration; whether or not the defendant has tence imposed (which shall include the rea- section (b) or that adds any new grounds of filed a notice of appeal concerning any as- son for any departure from the otherwise ap- downward departure to Part K of chapter 5. pect of the case, and whether or not the plicable guideline range); At no time may the Commission promulgate United States has filed, or intends to file, a ‘‘(C) any plea agreement; any amendment that would alter or repeal notice of appeal of the departure pursuant to ‘‘(D) the indictment or other charging doc- section 5K2.23 of the Federal Sentencing section 3742 of the title 18, United States ument; Guidelines Manual, as added by subsection Code. ‘‘(E) the presentence report; and (b). (2) In any such case, the Attorney General ‘‘(F) any other information as the Commis- (3) With respect to cases covered by the shall thereafter report to the House and Sen- sion finds appropriate. amendments made by subsection (i) of this ate Committees on the Judiciary not later ‘‘(2) The Commission shall, upon request, section, the Sentencing Commission may than 5 days after a decision by the Solicitor make available to the House and Senate make further amendments to the sentencing General whether or not to authorize an ap- Committees on the Judiciary, the written re- guidelines, policy statements, or official peal of the departure, informing the commit- ports and all underlying records accom- commentary of the Sentencing Commission, tees of the decision and the basis for it. panying those reports described in this sec- except the Commission shall not promulgate tion, as well as other records received from The CHAIRMAN pro tempore. Pursu- any amendments that, with respect to such courts. ant to House Resolution 160, the gen- cases, would result in sentencing ranges that ‘‘(3) The Commission shall submit to Con- tleman from Florida (Mr. FEENEY) and are lower than those that would have applied gress at least annually an analysis of these under such subsections. a Member opposed each will control 10 documents, any recommendations for legis- (4) At no time may the Commission pro- minutes. lation that the Commission concludes is war- mulgate any amendment that would alter or The Chair recognizes the gentleman ranted by that analysis, and an accounting repeal the amendments made by subsection from Florida (Mr. FEENEY). of those districts that the Commission be- (g) of this section. Mr. FEENEY. Mr. Chairman, I yield lieves have not submitted the appropriate in- (5) Section 3553(a) of title 18, United States myself 6 minutes. formation and documents required by this Code, is amended— Mr. Chairman, this amendment ad- section.’’. (A) by amending paragraph (4)(A) to read (i) SENTENCING GUIDELINES AMENDMENTS.— dresses long-standing and increasing as follows: problems of downward departures from (1) Subject to subsection (j), the Guidelines ‘‘(A) the applicable category of offense Manual promulgated by the Sentencing committed by the applicable category of de- the Federal sentencing guidelines. Ac- Commission pursuant to section 994(a) of fendant as set forth in the guidelines— cording to the testimony of the Depart- title 28, United States Code, is amended as ‘‘(i) issued by the Sentencing Commission ment of Justice, this is especially a follows: pursuant to section 994(a)(1) of title 28, problem in child pornography cases. (A) Application Note 4(b)(i) to section 4B1.5 United States Code, subject to any amend- Although the guidelines continue to is amended to read as follows: ments made to such guidelines by act of Con- ‘‘(i) IN GENERAL.—For purposes of sub- state that departures should be very gress (regardless of whether such amend- section (b), the defendant engaged in a pat- rare occurrences, they have in fact ments have yet to be incorporated by the tern of activity involving prohibited sexual proved to be anything but. The Depart- Sentencing Commission into amendments conduct if on at least two separate occa- ment of Justice testified before the issued under section 994(p) of title 28); and sions, the defendant engaged in prohibited ‘‘(ii) that, except as provided in section Subcommittee on Crime, Terrorism, sexual conduct with a minor.’’. 3742(g), are in effect on the date the defend- and Homeland Security that the rate of (B) Section 2G2.4(b) is amended by adding ant is sentenced; or’’; downward departures on grounds other at the end the following: (B) in paragraph (4)(B), by inserting ‘‘, tak- ‘‘(4) If the offense involved material that than substantial assistance to the gov- ing into account any amendments made to portrays sadistic or masochistic conduct or ernment has climbed steadily every such guidelines or policy statements by act other depictions of violence, increase by 4 year for many years. In fact, the rate of Congress (regardless of whether such levels. of such departures for nonimmigration ‘‘(5) If the offense involved— amendments have yet to be incorporated by the Sentencing Commission into amend- cases has climbed to 50 percent in the ‘‘(A) at least 10 images, but fewer than 150, last 4 years from 9.6 percent in fiscal increase by 2 levels; ments issued under section 994(p) of title 28)’’ ‘‘(B) at least 150 images, but fewer than 300, after ‘‘Code’’; year 1996 to 14.7 percent in fiscal year increase by 3 levels; (C) by amending paragraph (5) to read as 2001. follows: ‘‘(C) at least 300 images, but fewer than 600, b 1145 increase by 4 levels; and ‘‘(5) any pertinent policy statement— ‘‘(D) 600 or more images, increase by 5 lev- ‘‘(A) issued by the Sentencing Commission Increasingly, the exceptions are over- els.’’. pursuant to section 994(a)(1) of title 28, riding the rule. (C) Section 2G2.2(b) is amended by adding United States Code, subject to any amend- By contrast, Mr. Chairman, upward at the end the following: ments made to such policy statement by act departures are virtually nonexistent. ‘‘(6) If the offense involved— of Congress (regardless of whether such During the same period of time, from amendments have yet to be incorporated by ‘‘(A) at least 10 images, but fewer than 150, fiscal year 1996 to fiscal year 2001, the increase by 2 levels; the Sentencing Commission into amend- ‘‘(B) at least 150 images, but fewer than 300, ments issued under section 994(p) of title 28); upward departure rate has held steady increase by 3 levels; and at 0.6 percent. That means that judges, ‘‘(C) at least 300 images, but fewer than 600, ‘‘(B) that, except as provided in section by a 33 to 1 ratio, are deviating from increase by 4 levels; and 3742(g), is in effect on the date the defendant the guidelines in order to basically ‘‘(D) 600 or more images, increase by 5 lev- is sentenced.’’. help convicted defendants. els’’. (k) COMPLIANCE WITH STATUTE.—Section The Department of Justice believes (2) The Sentencing Commission shall 994(a) of title 28, United States Code, is that much of this damage is traceable amend the Sentencing Guidelines to ensure amended by striking ‘‘consistent with all that the Guidelines adequately reflect the provisions of this title and title 18, United to the Supreme Court’s 1996 decision in seriousness of the offenses under sections States Code,’’ and inserting ‘‘consistent with Koon versus the United States. In the 2243(b), 2244(a)(4), and 2244(b) of title 18, all pertinent provisions of any Federal stat- Koon case, the court held that any fac- United States Code. ute’’. tor not explicitly disapproved by the

VerDate Dec 13 2002 02:30 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.063 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2423 sentencing commission or by statute The famous philosopher and states- Mr. SENSENBRENNER. Mr. Chair- could serve as grounds for departure. man Cicero said that justice is the set man, I compliment the gentleman from So judges can make up exceptions as and constant purpose which gives every Florida for proposing an excellent they go along. This has led to an accel- man his due. Unfortunately, judges in amendment. Let me say I am really erated rate of downward departures. our country all too often are arbi- puzzled that my friend the gentleman Judges who dislike the Sentencing trarily deviating from the sentencing from Virginia (Mr. SCOTT) is opposing Reform Act and the sentencing guide- guidelines enacted by the United this amendment. lines now have significant discretion to States Congress based on their per- Back in 1992, there was a citizen of avoid applying a sentence within the sonal biases and prejudices, resulting Los Angeles County named Rodney range established by the commission, in wide disparity in sentencing. King that was beaten up by a bunch of and it is difficult for government to ef- Mr. Chairman, I would ask my col- police officers. Those police officers fectively appeal such cases. leagues to support this amendment. I were tried and convicted of a civil The amendment I offer today con- want to thank the gentleman from rights violation in a Federal Court. tains a number of provisions designed Wisconsin (Chairman SENSENBRENNER) The judge there had a downward de- to ensure more faithful adherence to for his great work on the bill, H.R. 1104, parture from the sentence that Police the guidelines so defendants in cases in protecting children and for his sup- Officer Koon would have received, involving child pornography and sexual port for this amendment. which would have been 70 to 87 months abuse receive the sentences that Con- Mr. Chairman, I reserve the balance under the sentencing guidelines. The gress intended. of my time. District Court said, as a result of the Specifically, this amendment would The CHAIRMAN pro tempore (Mr. widespread publicity and emotional put strict limitations on departures by SHIMKUS). Does the gentleman from outrage which would have surrounded allowing sentences outside the guide- Virginia (Mr. SCOTT) claim the time in this case, the officers were particularly lines range only upon grounds specifi- opposition? likely to be targets of abuse in prison, cally enumerated in the guidelines as Mr. SCOTT of Virginia. Mr. Chair- had they been burdened by having been proper for departure. This would elimi- man, I claim the time in opposition. subjected to successive State and Fed- nate ad hoc departures based on vague The CHAIRMAN pro tempore. The eral prosecutions. So Mr. Koon only grounds, such as ‘‘general mitigating gentleman from Virginia (Mr. SCOTT) is got 30 months in prison, when the circumstances.’’ This amendment recognized for 10 minutes. guidelines required 70 to 87 months in would also reform the existing grounds Mr. SCOTT of Virginia. Mr. Chair- prison. of departure set forth in the current man, I yield myself such time as I may Now, the Congressional Black Caucus guidelines by eliminating those that consume. sent a letter to Attorney General Janet have been most frequently abused, such Mr. Chairman, this amendment Reno; and that was reported in the Au- as ‘‘aberrant behavior,’’ which is al- would have the effect of turning the gust 13, 1993, edition of the Los Angeles ready taken into account in a person’s sentencing guidelines into mandatory Times. The Black Caucus, the gentle- past criminal history. sentences in the cases it affects. We woman from California (Ms. WATERS), In addition, Mr. Chairman, this have not had hearings or markups on and 24 other members of the CBC wrote amendment would require courts to this matter; and this is not the way we the Attorney General asking that this give specific responses for any depar- should amend the sentencing guide- be appealed. ture from the guidelines. It would lines, without thought or consider- The government did appeal that sen- change the standard of review for ap- ation. tence and won its case in the Appeals pellate courts to a de novo review, The purpose of the sentencing guide- Court, and the Appeals Court held that which would be more effective to re- lines is to provide intelligent consist- there should be a de novo review of the view illegal and inappropriate down- ency in sentencing, considering each sentence. Then there was an appeal to ward departures. It would prevent sen- sentence within the overall framework the United States Supreme Court tencing courts upon remand from im- of other sentences, and ensuring that which reversed the Appeals Court and posing the same illegal departure on more serious crimes get more serious said that the only time a district some different theory and only allow punishment. That is impossible when judge’s departure from sentencing courts to reduce a person’s sentence for you just take one crime at a time out- guidelines could be reviewed and re- acceptance of responsibility when the side of that context with a floor versed was if there was an abuse of dis- government agrees with that finding. amendment such as this. cretion. Additionally, the definition of ‘‘pat- The fact is, it makes no sense to have There is a provision in the amend- tern of activity involving prohibited people with different degrees of crimi- ment offered by the gentleman from sexual conduct’’ in the sentencing nality getting equal sentences or peo- Florida (Mr. FEENEY) that does pre- guidelines is hereby broadened. Cur- ple with equal degrees of criminality cisely what the Congressional Black rently, the guideline provides that such getting vastly different sentences. Caucus asked for almost 10 years ago, a pattern exists only where the defend- The evidence is that the guidelines and that is to give appeals courts de ant engaged in prohibited sexual con- are operating the way they are sup- novo review over sentencing guide- tact on at least two separate occasions posed to. About 85 percent of the sen- lines. with at least two different minor vic- tences are either within the guideline So I am puzzled at the gentleman tims. This definition does not ade- range or outside of the guidelines at from Virginia’s opposition. We are quately take account of the frequent the request of the prosecution. doing what he asked for, but maybe 10 occurrence where repeated sexual The sentencing commission should years too late. abuse against a single child occurs and retain the appropriate discretion, since Now, I think it is outrageous that the severity of the harm to such vic- that discretion has been essentially one out of every five cases of those con- tims from such repeated abuse. The taken away from judges. If we want the victed of sexually abusing a child or amendment would broaden the defini- commission to look at this specific sexually exploiting a child through tion to include repeated abuse of the problem of downward departures in child pornography have received a same victim on separate occasions. these cases, we should direct the sen- downward departure from the sen- Mr. Chairman, finally, the guidelines tencing commission to do just that and tencing guidelines. The law says this is are remanded with regard to penalties not take it upon ourselves to do it all supposed to be rare, but, instead, a 20 for the possession of child pornography by ourselves in a vacuum. percent downward departure rate is not in two ways. First, penalties are in- Mr. Chairman, I reserve the balance rare. creased if the offense involved material of my time. Mr. Chairman, I think that the that portrays sadistic or masochistic Mr. FEENEY. Mr. Chairman, I yield 4 amendment that has been offered by conduct or other depictions of violence; minutes to the distinguished gen- the gentleman from Florida plugs this and, second, penalties are increased tleman from Wisconsin (Mr. SENSEN- loophole. It ought to be passed. based on the amount of child pornog- BRENNER), the chairman of the Com- Mr. Chairman, I include for the raphy involved in the offense. mittee on the Judiciary. RECORD the August 6, 1993, letter from

VerDate Dec 13 2002 01:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.033 H27PT1 H2424 CONGRESSIONAL RECORD — HOUSE March 27, 2003 the Congressional Black Caucus to the Lewis, Ronald V. Dellums, Corrine If this is such a good idea, then let us Attorney General of the United States. Brown. do it through the regular order. Let us HOUSE OF REPRESENTATIVES, Mr. SCOTT of Virginia. Mr. Chair- have some hearings, subcommittee Washington, DC, August 6, 1993. man, I reserve the balance of my time, markup, committee markup, and then Hon. JANET RENO, and reserve the right to close. we can slowly and deliberately consider Attorney General, Department of Justice, Wash- The CHAIRMAN pro tempore. The such an amendment. ington, DC. gentleman from Florida (Mr. FEENEY) The purpose of the sentencing com- DEAR ATTORNEY GENERAL RENO: As mem- 1 has 2 ⁄2 minutes remaining. mission is to get away from the floor bers of the Congressional Black Caucus, we Mr. FEENEY. Mr. Chairman, I yield amendments and the sound bites so are writing to you because of our concern myself such time as I may consume. you can have intelligent sentencing. about the sentencing of Officer Laurence Mr. Chairman, it does not surprise Powell and Sergeant Stacey Koon by Judge We have had situations where you have John Davies in the Rodney King civil rights me that the Congressional Black Cau- had sentences that are way out of pro- case. cus long before I got here took the po- portion to crimes that are just as seri- We are troubled that the sentence for the sition that we should not have the ous, or less serious, totally out of con- crime was reduced to 30 months upon the whims and biases and prejudices of in- text. That is why we try to get away court’s consideration of mitigating facts. dividual judges responsible for deviat- from it, so that serious crimes get seri- Such a reduction for mitigation factors may ing widely in the sentencing in the ous punishment, lesser crimes get less- be appropriate in other circumstances. How- same exact types of cases. So I think er punishment. ever, we feel that the dependents’ special the chairman of the Committee on the That is the purpose of the sentencing status as police officers, with special duties Judiciary has done a wonderful job owned to the public, should have mitigated commission. You cannot do that with against such a significant reduction. pointing out the problem when you floor amendments in the House of Rep- As you well know, the maximum possible allow widespread deviation. resentatives. That is why we would penalty was ten years and fines of up to There really had been no standards. hope this amendment could be de- $250,000. Your federal prosecutors were ask- Why have guidelines at all, if judges feated. We could get a clean Amber ing for seven to nine years. Our federal sen- can make up ad hoc reasons to imple- Alert bill passed so we can get that en- tencing guidelines recommended minimum ment those guidelines? acted and not have to get bogged down sentences in a range of four to seven years in This is an especially important prob- in consideration of amendments such prison. lem in cases of child abuse and in cases Instead, Judge John Davies made broad use as this. of sexual offenses because of the enor- The CHAIRMAN pro tempore. The of subjective factors. He stated that he read mously high recidivism rate. We have only letters addressed to him from the question is on the amendment offered friends and families of Officer Powell and heard Attorney General Reno says by the gentleman from Florida (Mr. Sergeant Koon. He argued that much of the something like 75 percent of sexual of- FEENEY). violence visited on Rodney King was justi- fenders are going to repeat their of- The question was taken; and the fied by King’s own actions. However, these fenses. We know that exhibitionists, Chairman pro tempore announced that officers were convicted on charges of vio- for example, have some of the highest the ayes appeared to have it. lating Rodney King’s civil rights. We believe sex offense recidivism rates, something Mr. FEENEY. Mr. Chairman, I de- these mitigating factors did not justify so like between 41 and 71 percent. The mand a recorded vote. large a reduction given the defendant’s spe- next highest recidivism rate is found The CHAIRMAN pro tempore. Pursu- cial responsibilities as police officers. ant to clause 6 of rule XVIII, further In addition, Judge Davies did not afford among child molesters who offend proper weight to the racist comments made against boys, somewhere upwards of 40 proceedings on the amendment offered over police radio by those convicted on the or 45 percent. by the gentleman from Florida (Mr. night of the beating in discounting race as a Now, it does the People’s Congress no FEENEY) will be postponed. motivation for the beating. He similarly good to pass laws prohibiting child por- It is now in order to consider amend- failed to take into account the remarkable nography or kidnapping or sexual ment No. 3 printed in House Report lack of remorse shown by Officer Powell and abuse, for example, if we are going to 108–48. Sergeant Koon since their conviction. have liberal judges deviate on a regular AMENDMENT NO. 3 OFFERED BY MR. POMEROY People of good will all over this country basis. Mr. POMEROY. Mr. Chairman, I offer and of all races were heartened when Officer Powell and Sergeant Koon were convicted by Mr. Chairman, I am delighted to have an amendment. a jury of their peers, a verdict made possible the endorsement of the Congressional The CHAIRMAN pro tempore. The by the Justice Department’s resolve to file Black Caucus for my idea, if not my Clerk will designate the amendment. civil rights charges and by the phenonemal amendment necessarily. The text of the amendment is as fol- performance of federal prosecutors. With Mr. Chairman, in closing, I would lows: these severely reduced sentences, however, just say that equality in sentencing is Amendment No. 3 offered by Mr. POMEROY: we are sending a mixed message. Are police important for a number of reasons. At the end of subtitle B of title II (page , officers going to be held responsible for ex- Number one, we want to send a mes- after line ), insert the following new sec- cessive use of force or not? sage to criminals and would-be crimi- tion: We think what has been lost, in all this, is SEC. . INFORMATION AND DOCUMENTATION RE- the police officers have an enhanced respon- nals; and, number two, we wanted to QUIRED BY ATTORNEY GENERAL sibility to upheld the law. make sure that all criminals are treat- UNDER VICTIMS OF CHILD ABUSE Notwithstanding Judge Davies’ authority ed equally. ACT OF 1990. to modify the sentencing guidelines, most I think that is what this amendment (a) REGIONAL CHILDREN’S ADVOCACY CEN- experts agreed that the minimum four to does. I think it provides certainty. I TERS.— seven years sentence should have been fol- (1) IN GENERAL.—Section 213 of the Victims think it provides a very important de- of Child Abuse Act of 1990 (42 U.S.C. 13001b) lowed in this case. terrent effect. We will have a lot less We realize that the trial judge is afforded is amended— child abuse, a lot less child pornog- (A) in subsection (b)(2)— sufficient latitude in sentencing, but we urge raphy, and perhaps less kidnapping if (i) by striking ‘‘and’’ at the end of subpara- the Department of Justice to appeal these graph (A); sentences. We need to reexamine these sen- we adopt this amendment. Mr. Chairman, I yield back the bal- (ii) by striking the period at the end of tences so that justice can finally be done in subparagraph (B) and inserting ‘‘; and’’; and this difficult, painful case. Only then can we ance of my time. (iii) by adding at the end the following new begin to put this behind us. Mr. SCOTT of Virginia. Mr. Chair- subparagraph: Sincerely, man, I yield myself such time as I may ‘‘(C) provide such information and docu- Maxine Waters, Eva M. Clayton, Sanford consume. mentation as the Attorney General shall re- Bishop, Major R. Owens, Eddie Bernice Mr. Chairman, when you ask for the quire on an annual basis regarding the use of Johnson, Walter Tucker, Floyd H. courts to review it, that is so it can be such funds for purposes of evaluation of the Flake, William Clay, Albert R. Wynn, considered in the courts with all the effect of grants on the community response Charles B. Rangel, Carrie P. Meek, Wil- evidence, not in the political branch. It to child abuse.’’; and liam J. Jefferson, James E. Clyburn, (B) in subsection (d)(3)(A), by inserting Donald M. Payne, Earl Hilliard, Alcee is better to leave it to the sentencing after ‘‘activities’’ the following: ‘‘or substan- Hastings, Bennie M. Thompson, Kweisi commission and the courts than to tially fails to provide information or docu- Mfume, Glee Fields, Louis Stokes, Cyn- floor amendments in the House of Rep- mentation required by the Attorney Gen- thia McKinney, Melvin L. Watt, John resentatives. eral’’.

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(2) CLERICAL AMENDMENTS.—Such section is very good amendment. This program is I support Representative CRAMER in his further amended— a very important one. It is too impor- work and seek to extend the legislation that (A) in subsection (c)(4)— tant to let go by the wayside. I believe helps fund its programs. The authorization for (i) by striking ‘‘and’’ at the end of subpara- graph (B)(ii); we should take this opportunity to re- this funding expired in fiscal year 2000. While (ii) in subparagraph (B)(iii), by striking authorize it in the context of this bill funding has continued through the annual ap- ‘‘Board’’ and inserting ‘‘board’’; and and would urge the committee to sup- propriations process, Congress should reau- (iii) by redesignating subparagraphs (C) port the gentleman’s amendment. thorize the program and demonstrate our sup- and (D) as clauses (iv) and (v), respectively, Mr. POMEROY. Mr. Chairman, I ap- port for its mission. The amendment would au- of subparagraph (B), and by realigning such preciate very much the chairman’s thorize $15 million for Regional and Local clauses so as to have the same indentation as comments in that regard. They are Children’s Advocacy Centers through 2005, the preceding clauses of subparagraph (B); similar to comments made by the dis- (B) in subsection (e), by striking ‘‘Board’’ and would provide $5 million for grants for in each of paragraphs (1)(B)(ii), (2)(A), and trict attorneys in a letter from the Na- specialized technical assistance and training (3), and inserting ‘‘board’’. tional District Attorneys Association programs. (b) LOCAL CHILDREN’S ADVOCACY CEN- citing the extraordinary value of these This amendment also adds tools for the De- TERS.—Section 214 of that Act (42 U.S.C. programs. partment of Justice to evaluate these grant 13002) is amended in subsection (b)(2)(J) by In the interest of time and in the in- programs to ensure that these funds are being inserting before the period at the end the fol- terest of debate and with the endorse- used to achieve the very important goals they lowing: ‘‘, including such information and ment of the Committee on the Judici- were designed for—helping children and fami- documentation as the Attorney General ary chairman, I would put into the lies deal with the tragedy of child abuse. shall require on an annual basis regarding record the statement that I make on the use of such funds for purposes of evalua- These tools are to be used only to improve tion of the effect of grants on the commu- behalf of this amendment, along with the current delivery of child abuse prosecution nity response to child abuse.’’. the letter from the National District and recovery. (c) GRANTS FOR SPECIALIZED TECHNICAL AS- Attorneys Association, and urge its Let’s make sure every victim of child abuse SISTANCE AND TRAINING PROGRAMS.—Section adoption. has access to the resources he or she may 214A of such Act (42 U.S.C. 13003) is amended Mr. Chairman, as we consider this bill which need to assist in the prosecution of their in subsection (c) by adding at the end the fol- would strengthen penalties against kidnapping abuser and recovery. I urge my colleagues to lowing new paragraph: and aid law enforcement agencies to effec- support this vital amendment. ‘‘(3) Any recipient of a grant under this tively prevent, investigate, and prosecute section shall provide such information and Alexandria, VA, March 27, 2003. documentation as the Attorney General crimes against children, we should also take Hon. JIM SENSENBRENNER, Jr., shall require on an annual basis regarding this opportunity to reauthorize the Victims of Chairman, Committee on the Judiciary, Ray- the use of such funds for purposes of evalua- Child Abuse Act. This law supports grants for burn House Office Building, Washington, tion of the effect of grants on the commu- programs to assist victims of child abuse. DC. nity response to child abuse.’’. Congress passed the Victims of Child DEAR CHAIRMAN SENSENBRENNER: On behalf (d) AUTHORIZATION OF APPROPRIATIONS.— Abuse Act in 1992. This Act provided for the of the National District Attorneys Associa- The text of section 214B of such Act (42 tion I want to urge the passage of the establishment of four Regional Children’s Ad- Pomperoy amendment to H.R. 1104, the Child U.S.C. 13004) is amended to read as follows: vocacy Centers to provide information, tech- ‘‘(a) SECTIONS 213 AND 214.—There are au- Abduction Prevention Act. This amendment thorized to be appropriated to carry out sec- nical assistance, and training to assist commu- reauthorizes funding for the National Center tions 213 and 214, $15,000,000 for each of fiscal nities in establishing programs, particularly for the Prosecution of Child Abuse, a vitally years 2004 and 2005. children’s advocacy centers, that respond to important resource for the local prosecutors ‘‘(b) SECTION 214A.—There are authorized child abuse. Since that time, these local and of this country. to be appropriated to carry out section 214A, regional centers have served and assisted vic- The National Center for the Prosecution of $5,000,000 for each of fiscal years 2004 and tims of child abuse heal and recover. Child Abuse is dedicated to training prosecu- 2005.’’. The need for these centers and programs in tors, police investigators, medical personnel and social workers on the intricacies of in- The CHAIRMAN pro tempore. Pursu- increasing. In my home state of North Dakota, vestigating and prosecuting cases of child ant to House Resolution 160, the gen- we have one Children’s Advocacy Center abuse and neglect. Additionally they provide tleman from North Dakota (Mr. POM- (CAC), located in Bismarck. It opened in 1996 on going technical assistance to prosecutors EROY) and a Member opposed each will and is completely funded by grants. Since its in the field—even in the midst of a case. control 5 minutes. opening, it has assessed and closed over Child abuse cases are some of the most The Chair recognizes the gentleman 4,000 cases of abuse and/or neglect. Unfortu- complex to investigate and prosecute. The from North Dakota (Mr. POMEROY). nately, over 7,000 children have been sus- training and assistance that the Center pro- Mr. POMEROY. Mr. Chairman, I vides is crucial to fight this scourge. I urge pected to be victims during this time. Referrals speedy acceptance of Mr. Pomeroy’s effort to yield myself such time as I may con- have increased by 49 percent since 2000 and ensure that our children are protected to the sume. 72 percent of all victims were 8 and under. As utmost extent of the law. Mr. Chairman, as we consider this you can see, this center serves a fragile popu- Sincerely, bill, which will strengthen penalties lation and addresses a vital need. The Center DAN M. ALSOBROOKS, against kidnapping and aid law en- serves 49 out of 53 counties and all four Na- President. forcement agencies to effectively pre- tive American reservations. Mr. POMEROY. Mr. Chairman, I vent, investigate and prosecute crimes Children’s Advocacy Centers are important yield back the balance of my time. against children, we should also take because they make the process of reporting The CHAIRMAN pro tempore. Is this opportunity to reauthorize the child abuse and receiving treatment easier on there any Member seeking time in op- Victims of Child Abuse Act. This law, children. They provide consistent and timely position? initially passed in 1992, supports grants response to abuse reports; effective medical There being none, all time for debate for programs to assist the victims of and mental health treatment or referrals; and has expired. child abuse. reduce the number of child interviews by pros- The question is on the amendment Our colleague, the gentleman from ecutors and investigators, lessening the men- offered by the gentleman from North Alabama (Mr. CRAMER), was involved in tal impact of continued exposure to the Dakota (Mr. POMEROY). the original enactment of this legisla- abuser. The amendment was agreed to. tion and continues to be very active in Nationally, there are 464 Children Advocacy b 1200 the programs administered through Centers in the United States that are members this program and deserves a great deal of the National Children’s Alliance (NCA). The CHAIRMAN pro tempore (Mr. of credit for the activity underlying There are an additional 221 programs that are SHIMKUS). It is now in order to consider the amendment. recognized by NCA as being engaged in the amendment No. 4 printed in House Re- Mr. SENSENBRENNER. Mr. Chair- process of creating a CAC. The National Chil- port 108–48. man, will the gentleman yield? dren’s Advocacy Center (NCAC) in Hunstville, AMENDMENT NO. 4 OFFERED BY MR. FOLEY Mr. POMEROY. I yield to the gen- Alabama has had a significant impact on CAC Mr. FOLEY. Mr. Chairman, I offer an tleman from Wisconsin. development, and I want to acknowledge Rep- amendment. Mr. SENSENBRENNER. Mr. Chair- resentative BUD CRAMER of his outstanding The CHAIRMAN pro tempore. The man, I believe this amendment is a work in developing the first CAC program. Clerk will designate the amendment:

VerDate Dec 13 2002 01:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.018 H27PT1 H2426 CONGRESSIONAL RECORD — HOUSE March 27, 2003 The text of the amendment is as fol- Florida for drafting and offering it, and including the current available infrastruc- lows: I would urge the Committee to adopt ture, State system capacities, and the time for each State to process a civil or volunteer Amendment No. 4 offered by Mr. FOLEY: it. At the end of section 301 of the bill, insert Mr. FOLEY. Mr. Chairman, I appre- print from the time of capture to submission the following: to the Federal Bureau of Investigation (FBI). ciate the support of the chairman of (2) The intent of the States concerning par- (e) REPORT.—Not later than March 1, 2005, the committee. the Coordinator shall submit to Congress a ticipation in a nationwide system of crimi- Mr. Chairman, I yield such time as he nal background checks to provide informa- report on the activities of the Coordinator may consume to the gentleman from and the effectiveness and status of the tion to qualified entities. AMBER plans of each State that has imple- Texas (Mr. LAMPSON), the cochair of (3) The number of volunteers, employees, mented such a plan. The Coordinator shall the Congressional Caucus for Missing and other individuals that would require a prepare the report in consultation with the and Exploited Children. fingerprint based criminal background Secretary of Transportation. Mr. LAMPSON. Mr. Chairman, I check. In section 304(b) of the bill, strike ‘‘and’’ at thank the gentleman from Florida for (4) The impact on the FBI’s Integrated the end of paragraph (2), redesignate para- yielding to me to speak in favor of the Automated Fingerprint Identification Sys- tem (IAFIS) in terms of capacity and impact graph (3) as paragraph (4), and insert after amendment that the gentleman is of- paragraph (2) the following: on other users of the system, including the fering. effect on FBI work practices and staffing (3) the development and implementation of The gentleman’s amendment is de- new technologies to improve AMBER Alert levels. communications; and signed to enhance the AMBER Alert (5) The current fees charged by the FBI, In section 304(f)(1) of the bill, strike the pe- provisions contained in H.R. 1104. Spe- States and local agencies, and private com- riod at the end insert the following: cifically, the amendment provides an panies to process fingerprints. (6) The existence of ‘‘model’’ or best prac- and, in addition, $5,000,000 for fiscal year 2004 additional $5 million in grant funding tice programs which could easily be ex- to carry out subsection (b)(3). to help States implement new tech- panded and duplicated in other States. The CHAIRMAN pro tempore. Pursu- nologies designed to improve the dis- (7) The extent to which private companies ant to House Resolution 160, the gen- semination of AMBER alerts. are currently performing background checks tleman from Florida (Mr. FOLEY) and a Though the use of highway signs and and the possibility of using private compa- Member opposed each will control 5 media outlets is a start, we must begin nies in the future to perform any of the minutes. to look at new technologies like the background check process, including, but not The Chair recognizes the gentleman Internet and e-mail to get these impor- limited to, the capture and transmission of tant alerts out. fingerprints and fitness determinations. from Florida (Mr. FOLEY). (8) The cost of development and operation Mr. FOLEY. Mr. Chairman, I yield The amendment will also require the new AMBER Alert coordinator to sub- of the technology and the infrastructure nec- myself such time as I may consume. essary to establish a nationwide fingerprint I rise today in support of my amend- mit a report by March 1, 2005, to Con- based and other criminal background check ment to H.R. 1104, which will help gress on the effectiveness and status of system. strengthen the AMBER Alert provision the AMBER Alert plans in each State. (9) Any other information deemed relevant being considered today. This report will provide the informa- by the Department of Justice. First let me thank the gentleman tion Congress needs to determine the (b) REPORT.—Based on the findings of the feasibility study, the Attorney General shall, from Wisconsin (Mr. SENSENBRENNER), progress that the national coordinator not later than 120 days after the date of the the chairman of the committee, for his and the States are making toward statewide integrated AMBER Alert enactment of this Act, submit to Congress a efforts to move this important package report, including recommendations, which through the House today. Provisions systems. may include a proposal for grants to the like the ‘‘two strikes and you’re out’’ AMBER Alert is one of the most ef- States to develop or improve programs to for repeat child sex offenders, penalties fective tools that we have to bring kids collect fingerprints and perform background for international sex tourism, the dou- home. I thank the gentleman for the checks on individuals that seek to volunteer bling of funding for the National Cen- work that he has done on this issue and with organizations that work with children, ter for Missing and Exploited Children, for joining me as the cochair on the the elderly, or the disabled. and, of course, the AMBER Alert Act Congressional Caucus for Missing and The CHAIRMAN pro tempore. Pursu- all make this legislation another nail Exploited Children, and I hope the Con- ant to House Resolution 160, the gen- in the coffin for those who prey on the gress passes the AMBER Alert legisla- tleman from Texas (Mr. CARTER) and a most innocent of our society, and that tion immediately, and this amend- Member opposed each will control 5 is our children. ment. minutes. Last summer we were all shocked Mr. FOLEY. Mr. Chairman, I yield The Chair recognizes the gentleman and horrified by the high-profile abduc- back the balance of my time. from Texas (Mr. CARTER). tion cases of children from all over our The CHAIRMAN pro tempore. Does Mr. CARTER. Mr. Chairman, I yield country. Every time there was a new anyone seek time in opposition? myself such time as I may consume. The question is on the amendment report of a missing child, one could al- The National Child Protection Act offered by the gentleman from Florida most feel the collective shudder of par- was enacted in 1993. It was followed by (Mr. FOLEY). ents from the east coast to the west. legislation to include this through the The amendment was agreed to. Volunteers for Children Act. These acts The only comfort we had was the suc- The CHAIRMAN pro tempore. It is provided a process for background cessful recovery of several children as now in order to consider amendment checks for volunteers to ensure that in- a result of the AMBER Alert system. No. 5 printed in House Report 108–48. AMBER, which stands for America’s dividuals who are allowed the privilege AMENDMENT NO. 5 OFFERED BY MR. CARTER Missing Broadcast Emergency Re- of working with our children have Mr. CARTER. Mr. Chairman, I offer sponse plan, is a voluntary partnership nothing but good intentions. But ac- an amendment. cording to groups that depend on vol- between law enforcement agencies and The CHAIRMAN pro tempore. The unteers to work with children, this broadcasters to activate an urgent bul- Clerk will designate the amendment. process is not working. letin in the most serious child abduc- The text of the amendment is as fol- No one has been able to provide an tion cases. Just like with severe weath- lows: er alerts, broadcasters use the Emer- explanation as to why the process has Amendment No. 5 offered by Mr. CARTER: gency Alert System to air a description Add at the end the following: failed. There are a number of different of the missing child and suspected ab- SEC. . FEASIBILITY STUDY FOR A SYSTEM OF factors which could be hampering the ductor. BACKGROUND CHECKS FOR VOLUN- process, including the existing capacity Mr. SENSENBRENNER. Mr. Chair- TEERS. or infrastructure of the FBI and the man, will the gentleman yield? (a) STUDY REQUIRED.—The Attorney Gen- States to collect and process and share Mr. FOLEY. I yield to the gentleman eral shall conduct a feasibility study within fingerprint background information 120 days after the date of the enactment of from Wisconsin. this Act. The study shall examine, to the ex- and the cost to run such a program. Mr. SENSENBRENNER. Mr. Chair- tent discernible, the following: My amendment requests the Depart- man, this is also a very good amend- (1) The current state of fingerprint capture ment of Justice to conduct a feasibility ment. I commend the gentleman from and processing at the State and local level, study to determine the extent of the

VerDate Dec 13 2002 01:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.040 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2427 problem and requests the Department tools that they have to protect our Missing and Exploited Children, to provide of Justice to propose a solution based children. I strongly support the gentle- forensic and investigative assistance in sup- on its findings. man’s inquiry to Justice. I hope they port of any investigation involving missing The study will examine the current will yield the important results that or exploited children.’’. state of the fingerprint capture and this is an enormously helpful program. The CHAIRMAN pro tempore. Pursu- processing at the State and local level, So I support the gentleman’s efforts. ant to House Resolution 160, the gen- including the current available infra- Mr. Chairman, I rise today in support of my tleman from Texas (Mr. LAMPSON) and structure, the State capacities, and friend from Texas’s amendment. a Member opposed each will control 5 time for each State to process a civil- In 1993, Congress passed a critical safe- minutes. volunteer print from the time of cap- guard for children—the National Child Protec- The Chair recognizes the gentleman ture to submission to the FBI. tion Act, commonly known as the Oprah from Texas (Mr. LAMPSON). Mr. SENSENBRENNER. Mr. Chair- Winfrey Act. The law gave groups such as man, will the gentleman yield? schools, day care facilities and youth volunteer Mr. LAMPSON. Mr. Chairman, I Mr. CARTER. I yield to the gen- organizations access to FBI fingerprinting yield myself such time as I may con- tleman from Wisconsin. checks to help ensure that they weren’t inad- sume. Mr. SENSENBRENNER. Mr. Chair- vertently hiring convicted child molesters to For 21⁄2 years I have stood on this man, I believe this amendment is a tend their young charges. floor almost every day talking about very necessary amendment, if I could But there was a hitch. Under the law, these the issue of missing and exploited chil- just take a minute to explain why. national fingerprint-based checks are only dren, encouraging our colleagues to In 1993, the National Child Protection available if states put into place laws approved join us in developing legislation to help Act was passed to provide a process for by the U.S. Attorney General specifically al- raise the level of awareness of this hor- background checks for volunteers. It lowing access to them. As a result, while near- rendous issue across the United States did not get up and running. ly all states had laws providing background Additional legislation to improve the of America to higher and higher checks for various people, such as school per- process was enacted through the Vol- heights, and I am proud of the fact that sonnel or day care workers, only about six unteers for Children Act of 1998. It still we are here today discussing the legis- had laws specifically giving nonprofit youth- is not up and running. lation that we are. serving organizations like the Boys and Girls What the gentleman from Texas is Mr. SENSENBRENNER. Mr. Chair- Clubs access to do national fingerprint checks proposing is to tell the Justice Depart- man, will the gentleman yield? ment that they have 120 days to tell us on would-be volunteers. In 1998, I along with Congressman Mr. LAMPSON. I yield to the gen- why these programs are not up and LAMPSON and Senator BIDEN introduced the tleman from Wisconsin. running, what is needed to fix them, Volunteers for Children Act which would allow and to get on with the background Mr. SENSENBRENNER. Mr. Chair- youth-serving nonprofit organizations to re- check system so that those who do vol- man, I thank the gentleman for yield- quest national fingerprint background checks unteer to work not only with children, ing. in the absence of state laws providing such but also the disabled and the elderly, This is also a very good amendment. access. This bill, which has since been en- can be checked out to see if altruism is It broadens the tools that law enforce- acted into law, has only been followed by a not their sole motivation for working ment can use to track down missing few states. children through better forensic inves- with these groups of people. The amendment my friend from Texas of- I think that this is a very good tigation. I commend the gentleman fers today will require the Department of Jus- amendment, and I hope that it would from Texas for offering this amend- tice to conduct a study on the implementation be adopted. ment, and I hope that the committee of the Volunteers for Children Act by the Mr. SCOTT of Virginia. Mr. Chair- adopts it. man, will the gentleman yield? states and to provide recommendations to Mr. CARTER. I yield to the gen- Congress on how to improve state compli- Mr. LAMPSON. Mr. Chairman, I tleman from Virginia. ance. thank the gentleman from Wisconsin Mr. SCOTT of Virginia. Mr. Chair- In encourage all of my colleagues to vote (Mr. SENSENBRENNER) for his support. man, I would point out that this is for the amendment and I look forward to work- It was about a decade ago, I guess, going in the right direction. We need to ing with Chairman SENSENBRENNER and Chair- that Congress authorized the United work on this as quickly as possible, in man COBLE to once and for all fix this very im- States Secret Service to participate in this bill or outside of this bill. I think portant law. a multi-agency task force for the pur- it is a good idea, and I am in support of Mr. CARTER. Mr. Chairman, I yield pose of providing resources, expertise, the amendment. back the balance of my time. and other assistance to local law en- The CHAIRMAN pro tempore. Is Mr. CARTER. In light of the support forcement agencies and the National there anyone seeking time in opposi- of the chairman of the committee, I Center for Missing and Exploited Chil- would like to conclude by saying that tion to the amendment? The question is on the amendment dren in cases involving missing and ex- over the last 20 years I have tried over offered by the gentleman from Texas ploited children. This began a very 100 of these cases, and last year I had a strong partnership between the Secret (Mr. CARTER). lady come up to me in a grocery store The amendment was agreed to. Service and the National Center for and told me about her child who was The CHAIRMAN pro tempore. It is Missing and Exploited Children and re- going to Colorado to testify in a case now in order to consider amendment sulted in the Secret Service providing against a child sex molester who had No. 6 printed in House Report 108–48. critical forensic support, including molested him in a case that I tried AMENDMENT NO. 6 OFFERED BY MR. LAMPSON polygraph examinations, handwriting back in 1985; and he was going to tes- Mr. LAMPSON. Mr. Chairman, I offer examinations, fingerprint research and tify in the case that was now pending an amendment. identification, age progressions and re- in Colorado. If this system had been up The CHAIRMAN pro tempore. The gressions, and audio and video en- and in effect at that time, we would Clerk will designate the amendment. hancements to NCMEC and law en- have been able to find that predator The text of the amendment is as fol- forcement in numerous missing chil- and prevent him from doing this again. lows: dren’s cases. Mr. Chairman, I yield the remaining Amendment No. 6 offered by Mr. LAMPSON: However, there is a clear need to pro- time to the gentleman from Florida Add at the end the following: vide explicit statutory jurisdiction to (Mr. FOLEY). SEC. . FORENSIC AND INVESTIGATIVE SUPPORT Mr. FOLEY. Mr. Chairman, I will the Secret Service to continue this fo- OF MISSING AND EXPLOITED CHIL- rensic and investigative support upon submit my comments for the RECORD. DREN. I rise to strongly support the Carter Section 3056 of title 18, United States Code, request from local law enforcement amendment. The gentleman from is amended by adding at the end the fol- and from the National Center for Miss- Texas (Mr. LAMPSON) and I both were lowing: ing and Exploited Children, and this ‘‘(f) Under the direction of the Secretary of amendment will do just that. authors in 1998 for the Volunteers for the Treasury, officers and agents of the Se- Children Act. It is working very suc- cret Service are authorized, at the request of Ernie Allen, who is the President of cessfully in Florida. The FDLA has any State or local law enforcement agency, the National Center, has strongly en- told us it is one of the most aggressive or at the request of the National Center for dorsed this legislation and has said the

VerDate Dec 13 2002 02:30 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.044 H27PT1 H2428 CONGRESSIONAL RECORD — HOUSE March 27, 2003 following: ‘‘When the National Center The text of the amendment is as fol- (7) Contacting local law enforcement. was created, President Reagan envi- lows: (8) Documenting the incident. sioned a national clearinghouse that Amendment No. 7 offered by Mr. ACEVEDO- The CHAIRMAN pro tempore. Pursu- worked hand in hand with Federal and VILA´ : ant to House Resolution 160, the gen- local law enforcement, the private sec- At the end of the bill, add the following: tleman from Puerto Rico (Mr. tor, and the public, each playing a TITLE IV—MISSING CHILDREN ACEVEDO-VILA´ ) and a Member opposed strong, diverse role in the effort to re- PROCEDURES IN PUBLIC BUILDINGS each will control 5 minutes. The Chair recognizes the gentleman unite families and better protect chil- SEC. 401. SHORT TITLE. ´ dren. The United States Secret Service This title may be cited as the ‘‘Code Adam from Puerto Rico (Mr. ACEVEDO-VILA.) Mr. ACEVEDO-VILA´ . Mr. Chairman, has played a key role in this effort, and Act’’. SEC. 402. DEFINITIONS. I yield myself 3 minutes. we could not be more enthusiastic The amendment that I am offering about their partnership with us.’’ In this title, the following definitions apply: today requires certain procedures be Mr. Chairman, I think this is a good established and followed when a child amendment. I appreciate very much (1) CHILD.—The term ‘‘child’’ means an in- dividual who is 17 years of age or younger. is reported lost or missing in a Federal the gentleman’s speaking in favor of (2) CODE ADAM ALERT.—The term ‘‘Code building. The purpose of this set of pro- the amendment, the chairman of the Adam alert’’ means a set of procedures used cedures, called Code Adam, is to pre- committee; and I urge its adoption. in public buildings to alert employees and vent child abductions in Federal build- Mr. FOLEY. Mr. Chairman, will the other users of the building that a child is ings. Code Adam has proven extremely gentleman yield? missing. successful in thwarting many at- Mr. LAMPSON. I yield to the gen- (3) DESIGNATED AUTHORITY.—The term tempted abductions through the ‘‘designated authority’’ means— tleman from Florida. issuance of a Code Adam Alert in com- Mr. FOLEY. Mr. Chairman, I want to (A) with respect to a public building owned or leased for use by an Executive agency— mercial establishments. enter my comments into the RECORD (i) except as otherwise provided in this Mr. SENSENBRENNER. Mr. Chair- and commend the gentleman for this paragraph, the Administrator of General man, will the gentleman yield? amendment. It is very, very important Services; Mr. ACEVEDO-VILA´ . I yield to the work. (ii) in the case of the John F. Kennedy Cen- gentleman from Wisconsin. Mr. Chairman, I rise today in support of my ter for the Performing Arts, the Board of Mr. SENSENBRENNER. Mr. Chair- friend from Texas’s amendment. For the past Trustees of the John F. Kennedy Center for man, I also believe that this is a very several years, as co-chairs of the Congres- the Performing Arts; constructive amendment, and I com- sional Missing and Exploited Children’s Cau- (iii) in the case of buildings under the ju- mend the gentleman from Puerto Rico cus, we have worked diligently to provide the risdiction, custody, and control of the for offering it; and I hope that it is Smithsonian Institution, the Board of Re- resources to law enforcement necessary to adopted. gents of the Smithsonian Institution; or Let me say that one of the first protect our children and this amendment is (iv) in the case of another public building further proof of Mr. LAMPSON’s commitment for which an Executive agency has, by spe- things I did when I came to Congress and service to that goal. cific or general statutory authority, jurisdic- was I helped pass the Missing Chil- Nearly a decade ago, Congress authorized tion, custody, and control over the building, dren’s Act which was in response to the the U.S. Secret Service to participate in a the head of that agency; abduction and gruesome murder of multi-agency task force with the purpose of (B) with respect to a public building owned Adam Walsh, whose father, John providing resources, expertise and other as- or leased for use by an establishment in the Walsh, has obtained quite a bit of fame judicial branch of government, the Adminis- sistance to local law enforcement agencies in being an advocate for missing and trative Office of the United States Courts; exploited children. and the National Center for Missing and Ex- and ploited Children (NCMEC) in cases involving The Code Adam proposal has been (C) with respect to a public building owned very successful when privately imple- missing and exploited children. or leased for use by an establishment in the This began a strong partnership between legislative branch of government, the Cap- mented in Wal-Mart stores around the the Secret Service and NCMEC, and resulted itol Police Board. country, and I think that having a in the Secret Service providing critical forensic (4) EXECUTIVE AGENCY.—The term ‘‘Execu- Code Adam alert system in place na- support—including polygraph examinations, tive agency’’ has the same meaning such tionwide for all public buildings will handwriting examinations, fingerprint research term has under section 105 of title 5, United significantly improve the chance of re- States Code. covering children who might be ab- and identification, age progressions/regres- (5) FEDERAL AGENCY.—The term ‘‘Federal sions and audio and video enhancements—to ducted in a shopping mall or some agency’’ means any Executive agency or any other public building. I think the gen- NCMEC and local law enforcement in numer- establishment in the legislative or judicial tleman from Puerto Rico has done the ous missing children cases. branches of the Government. children of this country a great service However, there is a clear need to provide (6) PUBLIC BUILDING.—The term ‘‘public by offering this amendment, and I hope explicit statutory jurisdiction to the Secret building’’ means any building (or portion that it is adopted. Service to continue this forensic and investiga- thereof) owned or leased for use by a Federal agency. Mr. ACEVEDO-VILA´ . Mr. Chairman, tive support upon request from local law en- I thank the gentleman from Wisconsin forcement or NCMEC. SEC. 403. PROCEDURES IN PUBLIC BUILDINGS REGARDING A MISSING OR LOST (Mr. SENSENBRENNER), the chairman of This amendment will do just that and I en- CHILD. the Committee on the Judiciary. I ap- courage all of my colleagues today to join with (a) IN GENERAL.—Not later than 180 days preciate his support for this amend- me in voting for this important measure. after the date of enactment of this Act, the ment. Mr. LAMPSON. Mr. Chairman, I designated authority for a public building As the chairman said, this was cre- shall establish procedures for locating a yield back the balance of my time. ated by Wal-Mart in 1994 as a private The CHAIRMAN pro tempore. Does child that is missing in the building. (b) NOTIFICATION AND SEARCH PROCE- initiative, and it has become one of the anyone rise in opposition to the country’s largest child safety pro- amendment? DURES.—Procedures established under this section shall provide, at a minimum, for the grams. The question is on the amendment following: b 1215 offered by the gentleman from Texas (1) Notifying security personnel that a (Mr. LAMPSON). child is missing. With the help of the National Center The amendment was agreed to. (2) Obtaining a detailed description of the for Missing and Exploited Children The CHAIRMAN pro tempore. It is child, including name, age, eye and hair that also is supporting my amendment, now in order to consider amendment color, height, weight, clothing, and shoes. over 36,000 stores across the United No. 7 printed in House Report 108–48. (3) Issuing a Code Adam alert and pro- States have already used it success- viding a description of the child, using a fast AMENDMENT NO. 7 OFFERED BY MR. ACEVEDO- fully. Code Adam, as the chairman just and effective means of communication. VILA´ mentioned, is named in memory of 6- ´ (4) Establishing a central point of contact. Mr. ACEVEDO-VILA. Mr. Chairman, (5) Monitoring all points of egress from the year-old Adam Walsh, whose abduction I offer an amendment. building while a Code Adam alert is in effect. from a Florida shopping mall and mur- The CHAIRMAN pro tempore. The (6) Conducting a thorough search of the der in 1981 brought the horror of child Clerk will designate the amendment. building. abduction to national attention.

VerDate Dec 13 2002 02:30 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.046 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2429 I ask for Members’ support for this Mr. FOLEY. Mr. Chairman, I rise today in The amendment was agreed to. bipartisan amendment. Its enactment support of my friend from Puerto Rico’s The CHAIRMAN pro tempore. It is will complement existing security pro- amendment. now in order to consider amendment cedures and others being considered in Code Adam, one of the country’s largest No. 8 printed in House Report 108–48. this bill, including the AMBER Alert, child-safety programs, was created and pro- AMENDMENT NO. 8 OFFERED BY MR. SMITH OF in order to guarantee immediate pre- moted by the Wal-Mart retail stores and TEXAS ventive action against successful child named in memory of 6-year-old Adam Walsh Mr. SMITH of Texas. Mr. Chairman, I abductions. whose abduction from a Florida shopping mall offer an amendment. Effective procedures required by this and murder in 1981 brought the horror of child The CHAIRMAN pro tempore. The amendment include notification of se- abduction to national attention. Clerk will designate the amendment. curity personnel that a child is miss- When a customer reports a missing child to The text of amendment No. 8 is as ing, issuance of a Code Adam alert, and a store employee, a ‘‘Code Adam’’ alert is an- follows: distribution of the child’s description nounced over the public-address system. A Amendment No. 8 offered by Mr. SMITH of to all employees using fast and effec- brief description of the child is obtained and Texas: tive means of communication. Add at the end the following: provided to all designated employees who im- TITLE — It also provides that all points of mediately stop their normal work to search for SEC. 01. FINDINGS. egress must be monitored while the the child, and monitor all exits to help prevent Code Adam alert is in effect and the Congress finds the following: the child from leaving the store. (1) Obscenity and child pornography are local law enforcement be notified if the If the child is not found within 10 minutes of not entitled to protection under the First child remains missing after all estab- initiating a store-wide search, or if the child is Amendment under Miller v. California, 413 lished procedures are followed. seen accompanied by someone other than a U.S. 15 (1973) (obscenity), or New York v. I am very proud to say that Puerto parent or guardian, store personnel contact Ferber, 458 U.S. 747 (1982) (child pornography) Rico has already enacted a law adopt- the local police department and request assist- and thus may be prohibited. ing Code Adam in its government (2) The Government has a compelling state ance. interest in protecting children from those buildings. With the adoption of this Since the Code Adam program began in amendment, all Federal buildings will who sexually exploit them, including both 1994, it has been a powerful preventive tool child molesters and child pornographers. also establish Code Adam to ensure against child abductions and lost children in ‘‘The prevention of sexual exploitation and that we are prepared to respond quick- more than 36,000 stores across the nation. abuse of children constitutes a government ly if a child is reported missing. Despite its success, however, the only juris- objective of surpassing importance,’’ New Mr. Chairman, I urge my colleagues diction that has adopted Code Adam for gov- York v. Ferber, 458 U.S. 747, 757 (1982), and to vote yes on the Code Adam amend- this interest extends to stamping out the ernment buildings is Puerto Rico. ment. Let us draw from the success vice of child pornography at all levels in the This amendment will direct each federal achieved in stores across the country distribution chain. Osborne v. Ohio, 495 U.S. building (including here on Capitol Hill) to es- and adopt it in Federal buildings, those 103, 110 (1990). tablish a Code Adam program and procedures (3) The Government thus has a compelling that belong to the people of the United for locating a child who is missing in a federal interest in ensuring that the criminal prohi- States, and where all of us, but espe- building. bitions against child pornography remain en- cially our children, should be safest. As co-chair of the Congressional Missing forceable and effective. ‘‘The most expedi- Mr. Chairman, I yield the balance of tious if not the only practical method of law my time to the gentleman from Texas and Exploited Children’s Caucus, I urge all of enforcement may be to dry up the market (Mr. LAMPSON). my colleagues to vote for this very important for this material by imposing severe crimi- Mr. LAMPSON. Mr. Chairman, last amendment. nal penalties on persons selling, advertising, year I joined my colleague, the gen- Mr. TOM DAVIS of Virginia. Mr. Chairman, or otherwise promoting the product.’’ Fer- tleman from Puerto Rico (Mr. as the Chairman of the Government Reform ber, 458 U.S. at 760. (4) In 1982, when the Supreme Court de- ACEVEDO-VILA´ ), and Senator HILLARY Committee, which has jurisdiction over federal buildings, including buildings owned or leased cided Ferber, the technology did not exist to: RODHAM CLINTON to introduce the Code (A) computer generate depictions of chil- Adam Act. Code Adam is a proven, suc- by the U.S. Postal Service, I rise in support of dren that are indistinguishable from depic- cessful program that has saved lives in the Acevedo-Vila´ amendment. tions of real children; the retail environment, and it is time My Committee did not have the opportunity (B) use parts of images of real children to that we bring that same measure of to examine this proposal before its consider- create a composite image that is unidentifi- safety to children in Federal buildings, ation here on the floor as an amendment to able as a particular child and in a way that prevents even an expert from concluding just as we have done with the effort to the Child Abduction Prevention Act. Neverthe- less, since the underlying intent of this legisla- that parts of images of real children were put bulletin boards throughout all Fed- used; or eral buildings and display the pictures tion is to not only return abducted children to (C) disguise pictures of real children being of missing children. their parents, which we do through the na- abused by making the image look computer- Code Adam was created, as we have tional AMBER Alert network, but to keep them generated. already heard, by Wal-Mart as a special from being abducted in the first place, I be- (5) Evidence submitted to the Congress, in- alert through a store’s customer ad- lieve establishing procedures to locate missing cluding from the National Center for Missing dress system when a customer reports children in public buildings is a positive step. and Exploited Children, demonstrates that This time of year, we all see the large num- technology already exists to disguise depic- a missing child. Since Code Adam tions of real children to make them uniden- began in 1994, it has been a powerful bers of children that come to our nation’s cap- tifiable and to make depictions of real chil- tool against child abductions and lost ital to visit the Smithsonian Museums, the dren appear computer-generated. The tech- children in more than 25,000 stores monuments, or to see the cherry blossoms. It nology will soon exist, if it does not already, across the Nation. makes sense for our public facilities to have to computer generate realistic images of This amendment would require the an established system to help keep these chil- children. implementation of this protocol in all dren from either wandering away on their own (6) The vast majority of child pornography Federal buildings. Wal-Mart started or being taken away by a kidnapper. prosecutions today involve images contained this fantastic program in the name of Every parent knows the heart-stopping on computer hard drives, computer disks, and/or related media. Adam Walsh, John Walsh’s son, who panic that ensues when a child suddenly is (7) There is no substantial evidence that was abducted and murdered in Florida nowhere to be found. Having a ‘‘Code Adam any of the child pornography images being over 20 years ago. alert’’ system in place gives parents the peace trafficked today were made other than by Every day I see children walking of mind of knowing their children can be re- the abuse of real children. Nevertheless, through the halls of Congress and in turned to them quickly and safely. I urge my technological advances since Ferber have led Federal buildings back at home in colleagues to give it their support. many criminal defendants to suggest that Texas. God forbid, if a child would go The CHAIRMAN pro tempore (Mr. the images of child pornography they posses are not those of real children, insisting that missing in one of these buildings, this SHIMKUS). Does any Member seek time the government prove beyond a reasonable amendment would make sure a plan in opposition? doubt that the images are not computer-gen- was in place to secure that building The question is on the amendment erated. Such challenges increased signifi- and find the child before something offered by the gentleman from Puerto cantly after the decision in Ashcroft v. Free tragic occurs. Rico (Mr. ACEVEDO-VILA´ ). Speech Coalition 535 U.S. 234 (2002).

VerDate Dec 13 2002 02:30 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.049 H27PT1 H2430 CONGRESSIONAL RECORD — HOUSE March 27, 2003 (8) Child pornography circulating on the in every case of computer images even when conspiracy to commit an offense under this Internet has, by definition, been digitally a real child was abused. This threatens to section involving such use. uploaded or scanned into computers and has render child pornography laws that protect ‘‘(2) A violation of, or an attempt or con- been transferred over the Internet, often in real children unenforceable. Moreover, im- spiracy to violate, this section which in- different file formats, from trafficker to traf- posing an additional requirement that the volves child pornography as defined in sec- ficker. An image seized from a collector of Government provide beyond a reasonable tion 2256(8)(A) or (C) shall be punishable child pornography is rarely a first-genera- doubt that the defendant knew that the without regard to the affirmative defense set tion product, and the retransmission of im- image was in fact a real child—as some forth in paragraph (1).’’. ages can alter the image so as to make it dif- courts have done—threatens to result in the SEC. 03. PROHIBITION ON PANDERING MATE- ficult for even an expert conclusively to de facto legalization of the possession, re- RIALS AS CHILD PORNOGRAPHY. opine that a particular image depicts a real ceipt, and distribution of child pornography (a) Section 2256(8) of title 18, United States child. If the original image has been scanned for all except the original producers of the Code, is amended— from a paper version into a digital format, material. (1) in subparagraph (C), by striking ‘‘or’’ at this task can be even harder since proper fo- (14) To avoid this grave threat to the Gov- the end and inserting ‘‘and’’; and (2) by striking subparagraph (D). rensic assessment may depend on the quality ernment’s unquestioned compelling interest (b) Chapter 110 of title 18, United States of the image scanned and the tools used to in effective enforcement of the child pornog- Code, is amended— scan it. raphy laws that protect real children, a stat- (1) by inserting after section 2252A the fol- (9) The impact of the Free Speech Coali- ute must be adopted that prohibits a nar- lowing: tion decision on the Government’s ability to rowly-defined subcategory of images. prosecute child pornography offenders is al- (15) The Supreme Court’s 1982 Feber v. New ‘‘§ 2252B. Pandering and solicitation ready evident. The Ninth Circuit has seen a York decision holding that child pornog- ‘‘(a) Whoever, in a circumstance described significant adverse effect on prosecutions raphy was not protected drove child pornog- in subsection (d), offers, agrees, attempts, or since the 1999 Ninth Circuit Court of Appeals raphy off the shelves of adult bookstores. conspires to provide or sell a visual depiction decision in Free Speech Coalition. After that Congressional action is necessary now to en- to another, and who in connection therewith decision, prosecutions generally have been sure that open and notorious trafficking in knowingly advertises, promotes, presents, or brought in the Ninth Circuit only in the such materials does not reappear, and even describes the visual depiction with the in- most clear-cut cases in which the govern- increase, on the Internet. tent to cause any person to believe that the ment can specifically identify the child in material is, or contains, a visual depiction of SEC. 02. IMPROVEMENTS TO PROHIBITION ON an actual minor engaging in sexually ex- the depiction or otherwise identify the origin VIRTUAL CHILD PORNOGRAPHY. plicit conduct shall be subject to the pen- of the image. This is a fraction of meri- (a) Section 2256(8)(B) of title 18, United alties set forth in section 2252A(b)(1), includ- torious child pornography cases. The Na- States Code, is amended to read as follows: ing the penalties provided for cases involving tional Center for Missing and Exploited Chil- ‘‘(B) such visual depiction is a digital dren testified that, in light of the Supreme a prior conviction. image, computer image, or computer-gen- ‘‘(b) Whoever, in a circumstance described Court’s affirmation of the Ninth Circuit deci- erated image that is, or in indistinguishable sion, prosecutors in various parts of the in subsection (d), offers, agrees, attempts, or (as defined in section 1466A) from, that of a conspires to receive or purchase from an- country have expressed concern about the minor engaging in sexually explicit conduct; continued viability of previously indicted other a visual depiction that he believes to or’’. be, or to contain, a visual depiction of an ac- cases as well as declined potentially meri- (b) Section 2256(2) of title 19, United States torious prosecutions. tual minor engaging in sexually explicit con- Code, is amended to read as follows: duct shall be subject to the penalties set (10) Since the Supreme Court’s decision in ‘‘(2)(A) Except as provided in subparagraph Free Speech Coalition, defendants in child forth in section 2252A(b)(1), including the (B), ‘sexually explicit conduct’ means actual penalties provided for cases involving a prior pornography cases have almost universally or simulated— raised the contention that the images in conviction. ‘‘(i) sexual intercourse, including genital- ‘‘(c) It is not a required element of any of- question could be virtual, thereby requiring genital, oral-genital, anal-genital, or oral- the government, in nearly every child por- fense under this section that any person ac- anal, whether between persons of the same tually provide, sell, receive, purchase, pos- nography prosecution, to find proof that the or opposite sex: sess, or produce any visual depiction. child is real. Some of these defense efforts ‘‘(ii) bestiality; ‘‘(d) The circumstance referred to in sub- have already been successful. In addition, ‘‘(iii) masturbation; section (a) and (b) is that— the number of prosecutions being brought ‘‘(iv) sadistic or masochistic abuses; or ‘‘(1) any communication involved in or has been significantly and adversely affected ‘‘(v) lascivious exhibition of the genitals or made in furtherance of the offense is commu- as the resources required to be dedicated to pubic area of any person; nicated or transported by the mail, or in each child pornography case now are signifi- ‘‘(B) For purposes of subsection 8(B) of this interstate or foreign commerce by any cantly higher than ever before. section, ‘sexually explicit conduct’ means— means, including by computer, or any means (11) Leading experts agree that, to the ex- ‘‘(i) graphic sexual intercourse, including or instrumentality of interstate or foreign tent that the technology exists to computer genital-genital, oral-genital, anal-genital, or commerce is otherwise used in committing generate realistic images of child pornog- oral-anal, whether between persons of the or in furtherance of the commission of the raphy, the cost in terms of time, money, and same or opposite sex, or lascivious simulated offense; expertise is—and for the foreseeable future sexual intercourse where the genitals, ‘‘(2) any communication involved in or will remain—prohibitively expensive. As a breast, or pubic area of any person is exhib- made in furtherance of the offense con- result, for the foreseeable future, it will be ited; templates the transmission or transpor- more cost-effective to produce child pornog- ‘‘(ii) graphic or lascivious simulated; tation of a visual depiction by the mail, or in raphy using real children. It will not, how- ‘‘(I) bestiality; interstate or foreign commerce by any ever, be difficult or expensive to use readily ‘‘(II) masturbation; or means, including by computer; available technology to disguise those depic- ‘‘(III) sadistic or masochistic abuse; or ‘‘(3) any person who travels or is trans- tions of real children to make them uniden- ‘‘(iii) graphic or simulated lascivious exhi- ported in interstate or foreign commerce in tifiable or to make them appear computer- bition of the genitals or pubic area of any the course of the commission or in further- generated. person;’’. ance of the commission of the offense; (12) Child pornography results from the (c) Section 2256 is amended— ‘‘(4) any visual depiction involved in the of- abuse of real children by sex offenders; the (1) in paragraph 8(D), by striking ‘‘and’’ at fense has been mailed, or has been shipped or production of child pornography is a byprod- the end; transported in interstate or foreign com- uct of, and not the primary reason for, the (2) in paragraph (9), by striking the period merce by any means, including by computer, sexual abuse of children. There is no evi- at the end and inserting ‘‘; and’’; and or was produced using materials that have dence that the future development of easy (3) by inserting at the end the following been mailed, or that have been shipped or and inexpensive means of computer gener- new paragraph: transported in interstate or foreign com- ating realistic images of children would stop ‘‘(10) ‘graphic’, when used with respect to a merce by any means, including by computer; or even reduce the sexual abuse of real chil- depiction of sexually explicit conduct, means or dren or the practice of visually recording that a viewer can observe any part of the ‘‘(5) the offense is committed in the special that abuse. genitals or pubic area of any depicted person maritime and territorial jurisdiction of the (13) In the absence of congressional action, or animal during any part of the time that United States or in any territory or posses- the difficulties in enforcing the child pornog- the sexually explicit conduct is being de- sion of the United States.’’; and raphy laws will continue to grow increas- picted.’’. (2) in the table of sections at the beginning ingly worse. The mere prospect that the (d) Section 2252A(c) of title 18, United of the chapter, by inserting after the item technology exists to create composite or States Code, is amended to read as follows: relating to section 2252A the following: computer-generated depictions that are in- ‘‘(c)(1) Except as provided in paragraph (2), ‘‘2252B. Pandering and solicitation.’’. distinguishable from depictions of real chil- it shall be an affirmative defense to a charge SEC. 04. PROHIBITION OF OBSCENITY DEPICT- dren will allow defendants who possess im- of violating this section that the production ING YOUNG CHILDREN. ages of real children to escape prosecution; of the alleged child pornography did not in- (a) Chapter 71 of title 18, United States for it threatens to create a reasonable doubt volve the use of a minor or an attempt or Code, is amended—

VerDate Dec 13 2002 02:30 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.028 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2431 (1) by inserting after section 1466 the fol- merce by any means, including by computer, ‘‘(5) the offense is committed in the special lowing: or was produced using materials that have maritime and territorial jurisdiction of the ‘‘§ 1466A. Obscene visual depictions of young been mailed, or that have been shipped or United States or in any territory or posses- children transported in interstate or foreign com- sion of the United States. merce by any means; include by computer; ‘‘(f) In a case under subsection (b), it is an ‘‘(a) Whoever, in a circumstance described or affirmative defense that the defendant— in subsection (d), knowingly produces, dis- ‘‘(5) the offense is committed in the special ‘‘(1) possessed less than three such images; tributes, receives, or possesses with intent to maritime and territorial jurisdiction of the and distribute a visual depiction that is, or is in- United States or in any territory or posses- ‘‘(2) promptly and in good faith, and with- distinguishable from, that of a pre-pubescent sion of the United States. out retaining or allowing any person, other child engaging in sexually explicit conduct, ‘‘(e) In a case under subsection (b), it is an than a law enforcement agency, to access or attempts or conspires to do so, shall be affirmative defense that the defendant— any image or copy thereof— subject to the penalties set forth in section ‘‘(1) possessed less than three such images; ‘‘(A) took reasonable steps to destroy each 2252A(b)(1), including the penalties provided and such image; or for cases involving a prior conviction. ‘‘(2) promptly and in good faith, and with- ‘‘(B) reported the matter to a law enforce- ‘‘(b) Whoever, in a circumstance described out retaining or allowing any person, other ment agency and afforded that agency access in subsection (d), knowingly possesses a vis- than a law enforcement agency, to access to each such image.’’; and ual depiction that is, or is indistinguishable any image or copy thereof— (2) in table of sections at the beginning of from, that of a pre-pubescent child engaging ‘‘(A) took reasonable steps to destroy each the chapter, by inserting after the item re- in sexually explicit conduct, or attempts or such image; or lating to section 1466 the following new conspires to do so, shall be subject to the ‘‘(B) reported the matter to a law enforce- items: penalties set forth in section 2252A(b)(2), in- ment agency and afforded that agency access ‘‘1466A. Obscene visual depictions of young cluding the penalties provided for cases in- to each such image. children. volving a prior conviction. ‘‘§ 1466B. Obscene visual representations of ‘‘1466B. Obscene visual representations of ‘‘(c) For purposes of this section— sexual abuse of minors pre-pubescent sexual abuse’’. ‘‘(1) the term ‘visual depiction’ includes ‘‘(a) Whoever, in a circumstance described (b)(1) Except as provided in paragraph (2), undeveloped film and videotape, and data in subsection (e), knowingly produces, dis- the applicable category of offense to be used stored on computer disk or by electronic tributes, receives, or possesses with intent to in determining the sentencing range referred means which is capable of conversion into a distribute a visual depiction of any kind, in- to in section 3553(a)(4) of title 18, United visual image, and also includes any photo- cluding a drawing, cartoon, sculpture, or States Code, with respect to any person con- graph, film, video, picture, or computer or painting, that— victed under section 1466A or 1466B of such computer-generated image or picture, ‘‘(1) depicts a minor engaging in sexually title, shall be the category of offenses de- whether made or produced by electronic, me- explicit conduct; and scribed in section 2G2.2 of the Sentencing chanical, or other means; ‘‘(2) is obscene; Guidelines. ‘‘(2) the term ‘pre-pubescent child’ means (2) The Sentencing Commission may pro- or attempts or conspires to do so, shall be that (A) the child, as depicted, is one whose mulgate guidelines specifically governing of- subject to the penalties set forth in section physical development indicates the child is fenses under sections 1466A and 1466B of title 2252A(b)(1), including the penalties provided 12 years of age or younger; or (B) the child, 18, United States Code, provided that such for cases involving a prior conviction. guidelines shall not result in sentencing as depicted, does not exhibit significant pu- ‘‘(b) Whoever, in a circumstance described ranges that are lower than those that would bescent physical or sexual maturation. Fac- in subsection (e), knowingly possesses a vis- have applied under paragraph (1). tors that may be considered in determining ual depiction of any kind, including a draw- significant pubescent physical maturation ing, cartoon, sculpture, or painting, that— SEC. 05. PROHIBITION ON USE OF MATERIALS TO FACILITATE OFFENSES AGAINST include body habitus and musculature, ‘‘(1) depicts a minor child engaging in sexu- height and weight proportion, degree of hair MINORS. ally explicit conduct, and Chapter 71 of title 18, United States Code, distribution over the body, extremity pro- ‘‘(2) is obscene, portion with respect to the torso, and is amended— or attempts or conspires to do so, shall be (1) by inserting at the end the following: dentition. Factors that may be considered in subject to the penalties set forth in section ‘‘§ 1471. Use of obscene material or child por- determining significant pubescent sexual 2252A(b)(2), including the penalties provided maturation include breast development, nography to facilitate offenses against mi- for cases involving a prior conviction. nors presence of axillary hair, pubic hair distribu- ‘‘(c) It is not a required element of any of- ‘‘(a) Whoever, in any circumstance de- tion, and visual growth of the sexual organs; fense under this section that the minor child ‘‘(3) the term ‘sexually explicit conduct’ scribed in subsection (c), knowingly— depicted actually exist. ‘‘(1) provides or shows to a person below has the meaning set forth in section 2256(2); ‘‘(d) For purposes of this section, the terms and the age of 16 years any visual depiction that ‘visual depiction’ has the meaning given that is, or is indistinguishable from, that of a pre- ‘‘(4) the term ‘indistinguishable’ used with term in section 1466A, and the terms ‘sexu- respect to a depiction, means virtually indis- pubescent child engaging in sexually explicit ally explicit conduct’ and ‘minor’ have the conduct, any obscene matter, or any child tinguishable, in that the depiction is such meanings given those terms in section that an ordinary person viewing the depic- pornography; or 2256(2)(B). ‘‘(2) provides or shows any obscene matter tion would conclude that the depiction is of ‘‘(e) The circumstance referred to in sub- an actual minor engaged in sexually explicit or child pornography, or any visual depiction section (a) and (b) is that— that is, or is indistinguishable from, that of conduct. This definition does not apply to ‘‘(1) any communication involved in or depictions that are drawings, cartoons, a pre-pubescent child engaging in sexually made in furtherance of the offense is commu- explicit conduct, or provides any other mate- sculptures, or paintings depicting minors or nicated or transported by the mail, or in rial assistance to any person in connection adults. interstate or foreign commerce by any with any conduct, or any attempt, incite- ‘‘(d) The circumstance referred to in sub- means, including by computer, or any means ment, solicitation, or conspiracy to engage sections (a) and (b) is that— or instrumentality of interstate or foreign in any conduct, that involves a minor and ‘‘(1) any communication involved in or commerce is otherwise used in committing that violates chapter 109A, 110, or 117, or that made in furtherance of the offense is commu- or in furtherance of the commission of the would violate chapter 109A if the conduct oc- nicated or transported by the mail, or in offense; curred in the special maritime and terri- interstate or foreign commerce by any ‘‘(2) any communication involved in or torial jurisdiction of the United States, means, including by computer, or any means made in furtherance of the offense con- shall be subject to the penalties set forth in of instrumentality of interstate or foreign templates the transmission or transpor- section 2252A(b)(1), including the penalties commerce is otherwise used in committing tation of a visual depiction by the mail, or in provided for cases involving a prior convic- or in furtherance of the commission of the interstate or foreign commerce by any offense; tion. means, including by computer; ‘‘(b) For purposes of this section— ‘‘(2) any communication involved in or ‘‘(3) any person travels or is transported in ‘‘(1) the term ‘child pornography’ has the made in furtherance of the offense con- interstate or foreign commerce in the course meaning set forth in section 2256(8); templates the transmission or transpor- of the commission or in furtherance of the ‘‘(2) the terms ‘visual depiction,’ ‘pre-pu- tation of a visual depiction by the mail, on commission of the offense; bescent child’, and ‘indistinguishable’ have in interstate or foreign commerce by any ‘‘(4) any visual depiction involved in the of- the meanings respectively set forth for those means, including by computer; fense has been mailed, or has been shipped or terms in section 1466A(c); and ‘‘(3) any person travels or is transported in transported in interstate or foreign com- ‘‘(3) the term ‘sexually explicit conduct’ interstate or foreign commerce in the course merce by any means, including by computer, has the meaning set forth in section 2256(2). of the commission or in furtherance of the or was produced using materials that have ‘‘(c) The circumstance referred to in sub- commission of the offense; been mailed, or that have been shipped or section (a) is that— ‘‘(4) any visual depiction involved in the of- transported in interstate or foreign com- ‘‘(1) any communication involved in or fense has been mailed, or has been shipped or merce by any means, including by computer; made in furtherance of the offense is commu- transported in interstate or foreign com- or nicated or transported by the mail, or in

VerDate Dec 13 2002 02:30 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.069 H27PT1 H2432 CONGRESSIONAL RECORD — HOUSE March 27, 2003 interstate or foreign commerce by any (1) in subsection (b)(1)— ment of Justice has inspected the records of means, including by computer, or any means (A) by inserting ‘‘2252B,’’ after ‘‘2252A,’’; any producer of materials regulated pursu- or instrumentality of interstate or foreign and ant to section 2257 of title 18, United States commerce is otherwise used in committing (B) by inserting ‘‘or a violation of section Code, and section 75 of title 28 of the Code of or in furtherance of the commission of the 1466A or 1466B of that title,’’ after ‘‘of that Federal Regulations. The Attorney General offense; title),’’; shall indicate the number of violations pros- ‘‘(2) any communication involved in or (2) in subsection (c), by inserting ‘‘or pur- ecuted as a result of those inspections. made in furtherance of the offense con- suant to’’ after ‘‘to comply with’’; The CHAIRMAN pro tempore. Pursu- templates the transmission or transpor- (3) by amending subsection (f)(1)(D) to read ant to House Resolution 160, the gen- tation of a visual depiction or obscene mat- as follows: tleman from Texas (Mr. SMITH) and a ter by the mail, or in interstate or foreign ‘‘(D) where the report discloses a violation Member opposed each will control 10 commerce by any means, including by com- of State criminal law, to an appropriate offi- minutes. puter; cial of a State or subdivision of a State for ‘‘(3) any person travels or is transported in the purpose of enforcing such State law.’’; The Chair recognizes the gentleman interstate or foreign commerce in the course (4) by redesignating paragraph (3) of sub- from Texas (Mr. SMITH). of the commission or in furtherance of the section (b) as paragraph (4); and Mr. SMITH of Texas. Mr. Chairman, I commission of the offense; (5) by inserting after paragraph (2) of sub- yield such time as he may consume to ‘‘(4) any visual depiction or obscene matter section (b) the following new paragraph: the gentleman from Wisconsin (Mr. involved in the offense has been mailed, or ‘‘(3) In addition to forwarding such reports SENSENBRENNER), chairman of the has been shipped or transported in interstate to those agencies designated in subsection Committee on the Judiciary. or foreign commerce by any means, includ- (b)(2), the National Center for Missing and Mr. SENSENBRENNER. Mr. Chair- ing by computer, or was produced using ma- Exploited Children is authorized to forward man, I thank the gentleman for yield- terials that have been mailed, or that have any such report to an appropriate official of ing time to me. been shipped or transported in interstate or a state or subdivision of a state for the pur- Mr. Chairman, I support this amend- foreign commerce by any means, including pose of enforcing state criminal law.’’. ment as an important step to stop the by computer; or (b) Section 2702 of title 18, United States ‘‘(5) the offense is committed in the special Code is amended— exploitation of our children. This maritime and territorial jurisdiction of the (1) in subsection (b)— amendment is directly connected to United States or in any territory or posses- (A) in paragraph (6)— the abduction of children, since chil- sion of the United States.’’; and (i) by inserting ‘‘or’’ at the end of subpara- dren are abducted and sold into the sex ‘‘(2) in the table of sections at the begin- graph (A)(ii); industry for both pornography and for ning of the chapter, by inserting at the end (ii) by striking subparagraph (B); and prostitution. the following: (iii) by redesignating subparagraph (C) as The amendment addresses growing ‘‘1471. Use of obscene material or child por- subparagraph (B); challenges to the government’s ability nography to facilitate offenses (B) by redesignating paragraph (6) as para- to prosecute child pornographers. It against minors.’’. graph (7); also includes a provision to address (C) by striking ‘‘or’’ at the end of para- SEC. 06. EXTRATERRITORIAL PRODUCTION OF child pornography that is produced CHILD PORNOGRAPHY FOR DIS- graph (5); and TRIBUTION IN THE UNITED STATES. (D) by inserting after paragraph (5) the fol- overseas to be distributed in the United Section 2251 is amended— lowing new paragraph: States. The exploitation of any child is (1) by striking ‘‘subsection (d)’’ each place ‘‘(6) to the National Center for Missing and unacceptable, and the United States it appears in subsections (a), (b), and (c) and Exploited Children, in connection with a re- must take affirmative steps to prevent inserting ‘‘subsection (e)’’; port submitted thereto under section 227 of this exploitation wherever it occurs. ‘‘(2) by redesignating subsections (c) and the Victims of Child Abuse Act of 1990 (42 The amendment is essentially the (d), respectively, as subsections (d) and (e); U.S.C. 13032); or’’; and same as the Child Obscenity and Por- and (2) in subsection (c)— nography Prevention Act, which passed ‘‘(3) by inserting after subsection (b) a new (A) by striking ‘‘or’’ at the end of para- graph (4); the House in the last Congress by a subsection (c) as follows: vote of 413 to 8. This legislation had ‘‘(c)(1) Any person who, in a circumstance (B) by redesignating paragraph (5) as para- described in paragraph (2), employs, uses, graph (6); and strong bipartisan support. Congress un- persuades, induces, entices, or coerces any (C) by adding after paragraph (4) the fol- derstood then what has become even minor to engage in, or who has a minor as- lowing new paragraph: more clear now, that this legislation sist any other person to engage in, any sexu- ‘‘(5) to the National Center for Missing and ensures the enforceability of existing ally explicit conduct outside of the United Exploited Children, in connection with a re- child pornography laws. States, its possessions and Territories, for port submitted thereto under section 227 of During the 1990s, advances in com- the purpose of producing any visual depic- the Victims of Child Abuse Act of 1990 (42 puter technology threatened the gov- tion of such conduct, shall be punished as U.S.C. 13032); or’’. ernment’s ability to protect real chil- provided under subsection (e). SEC. 09. SEVERABILITY. dren. Congress attempted to address ‘‘(2) The circumstances referred to in para- If any provision of this title, or the appli- this concern in 1996 with the Child Por- graph (1) is that— cation of such provision to any person or cir- ‘‘(A) the person intends such visual depic- cumstance, is held invalid, the remainder of nography Prevention Act, parts of tion to be transported to the United States, this title, and the application of such provi- which were subsequently struck down its possessions, or terrorities, by any means sion to other persons not similarly situated by the Supreme Court in the Free including by computer or mail, or or to other circumstances, shall not be af- Speech Coalition decision. ‘‘(B) the person transports such visual de- fected by such invalidation. Regardless of whether we agree or piction to, or otherwise makes it available SEC. 10. INVESTIGATIVE AUTHORITY RELATING disagree with the court’s decision, we within, the United States, its possessions, or TO CHILD PORNOGRAPHY. must now deal with its consequences. territories, by any means including by com- Section 3486(A)(1)(C)(i) of title 18, United Since that decision, defendants in child puter or mail.’’. States Code, is amended by striking ‘‘the pornography cases have routinely SEC. 07. STRENGTHENING ENHANCED PEN- name, address’’ and all that follows through claimed that the depictions of child ALTIES FOR REPEAT OFFENDERS. ‘‘subscriber or customer utilized’’ and insert- pornography could be virtual, thus re- Sections 2251(e) (as redesignated by sec- ing ‘‘the information specified in section tionl 06(2)), 2252(b), and 2252A(b) of title 18, 2703(c)(2)’’. quiring the government to prove first that the depicted image is a real per- United States Code, are each amended— SEC. 11. AUTHORIZATION OF INTERCEPTION OF (1) by inserting ‘‘chapter 71,’’ immediately COMMUNICATIONS IN THE INVES- son. before each occurrence of ‘‘chapter 109A,’’; TIGATION OF SEXUAL CRIMES The mere existence of computer tech- and AGAINST CHILDREN. nology that creates virtual depictions (2) by inserting ‘‘or under section 920 of Section 2516(1)(c) of title 18, United States which are indistinguishable from depic- title 10 (article 120 of the Uniform Code of Code, is amended by inserting ‘‘1466A, tions of actual children allows defend- Military Justice),’’ immediately before each 1466B,’’ before ‘‘2251’’. ants who possess images of real chil- occurence of ‘‘or under the laws’’. SEC. 12. RECORDKEEPING TO DEMONSTRATE dren to escape prosecution. This Con- SEC. 08. SERVICE PROVIDER REPORTING OF MINORS WERE NOT USED IN PRO- CHILD PORNOGRAPHY AND RE- DUCTION OF PORNOGRAPHY. gress has an obligation to correct this LATED INFORMATION. Not later than 1 year after enactment of absurd permutation in the law. (a) Section 227 of the Victims of Child this Act, the Attorney General shall submit Given the prevalence of the Internet, Abuse Act of 1990 (42 U.S.C. 13032) is amend- to Congress a report detailing the number of we absolutely cannot protect our chil- ed— times since January 1993 that the Depart- dren if prosecutors must first complete

VerDate Dec 13 2002 02:47 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.072 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2433 the almost impossible task of identi- establish a sufficiently compelling shifting the burden to the accused to fying the children depicted in child State interest to justify criminaliza- prove the speech is lawful. In this con- pornography. Unless this amendment is tion of computer-generated images nection, the government relies on an adopted, the Supreme Court’s decision that are not obscene and do not involve affirmative defense under the statute will effectively legalize all child por- real children. However, the court cited which allows a defendant to avoid con- nography by throwing an insurmount- in its decision New York versus Ferber viction for nonpossession offenses by able burden in the face of the prosecu- from 1992 when it said, virtual images showing that the materials were pro- tion. record no crime and creates no victims duced using only adults and were not I urge my colleagues to support this by its production and therefore are otherwise distributed in a manner con- critical amendment. legal. veying the impression that they de- Mr. SMITH of Texas. Mr. Chairman, I Proponents also argue that the court picted real children. reserve the balance of my time. did not consider the harm to real chil- ‘‘The government raises serious con- Mr. SCOTT of Virginia. Mr. Chair- dren which would occur when, through stitutional difficulties by seeking to man, I seek time in opposition. technological advances, it will become impose on the defendant the burden of The CHAIRMAN pro tempore. The difficult to tell real children from vir- proving his speech was not unlawful. gentleman from Virginia (Mr. SCOTT) is tual children, thereby allowing real The affirmative defense applies only recognized for 10 minutes in opposition. children to be harmed because the gov- after the prosecution has begun, and Mr. SCOTT of Virginia. Mr. Chair- ernment cannot tell the difference for the speaker must himself prove, on the man, I yield myself such time as I may the purpose of bringing prosecution. pain of felony conviction, that his con- consume. But the court did clearly consider duct falls within the affirmative de- Mr. Chairman, this amendment is de- that, and stated, and I quote from the fense. signed as a fix for last year’s decision decision, ‘‘The government next argues in Ashcroft versus Free Speech Coali- that its objective of eliminating the ‘‘In cases under the CPPA, the evi- tion. The problem with the amendment market for pornography produced dentiary burden is not trivial. Where is that it has the same problems as the using real children necessitates a pro- the defendant is not the producer of law that was struck down. The hibition on virtual images as well. Vir- the work, he may have no way of estab- Ashcroft case held that sale or posses- tual images, the government contends, lishing the identity or even the exist- sion of non-obscene computer-gen- are indistinguishable from the real ence of the actors. If the evidentiary erated material depicting child-like ones. They are part of the same market issue is a serious problem for the gov- characters engaged in explicit sexual and often exchanged. In this way, it is ernment, as it asserts, it will be at activities does not constitute a crime. said virtual images promote the traf- least as difficult for the innocent pos- This bill says it is a crime, just like ficking in works produced through the sessor.’’ the law that was struck down. exploitation of real children.’’ This statute, however, Mr. Chairman, Child pornography and object are But then the court says, and I con- by its very words, makes illegal what despicable and illegal and can and are tinue quoting, ‘‘The hypothesis is the court said was legal. Five Justices banned and prosecuted. These crimes somewhat implausible. If virtual im- joined in the majority opinion. One and their severe punishments are left ages are identical to illegal child por- concurred, one concurred in part and intact by the Ashcroft decision. What nography, the illegal images will be dissented in part, two dissented. the court struck down was the crim- driven from the market by indistin- With five Justices, all of whom are inalization of computer-generated and guishable substitutes. Few pornog- still on the court, agreeing with the other depictions of children, which is raphers would risk prosecution by whole decision and only three dis- not obscene, in undesirable, including abusing real children if fictional com- senting in any part at all, this is not a sexual, situations where no child was puter-generated images would suffice.’’ close decision with wavering members. actually involved in making the mate- Nor was the court persuaded by the rial. argument that virtual images will So, Mr. Chairman, I think we should We all see pornography as despicable, make it difficult for the government to avoid the necessity of the court’s tell- period. But under our laws, pornog- prosecute cases. As to that concern, ing us again that we cannot prosecute raphy that is not obscene and does not the court said, ‘‘Finally, the govern- child pornography unless real children involve real children is just that, por- ment says that the possibility of pro- were, in fact, involved in the produc- nography. Whether we like it or not, ducing images by using computer im- tion of the material or unless they are the Supreme Court has told us that aging makes it difficult for it to pros- otherwise legally obscene. pornography is not illegal. It is a cat- ecute those who produce pornography Finally, Mr. Chairman, we should egory of speech that is despicable but using real children. Experts, we are note the subsequent action in the not illegal. told, may have difficulty in saying Ashcroft case. The trial court on Feb- While pornography is legal, child por- whether the pictures were made using ruary 7, just a few weeks ago, ordered nography is illegal. But to constitute real children or by using computer im- attorney’s fees to the plaintiff on the child pornography, the Supreme Court aging. The necessary solution, the ar- grounds that the government’s defense has told us that a child has to be in- gument runs, is to prohibit both kinds of the statute was not substantially volved in the production. Virtual com- of images. justified. This is essentially the same puter-generated images, therefore, un- ‘‘The argument,’’ the court said, ‘‘in statute. It says that virtual child im- less they are obscene, are not illegal. essence is that protected speech may ages can be made illegal. The court has The law called into question in be banned as a means to ban unpro- said that virtual images cannot be Ashcroft was a law enacted in 1996. The tected speech. This analysis turns the made illegal. Those of us who are fa- problem the court found with the law first amendment upside down. The gov- miliar with our system of government was that, while it prohibited images ernment may not suppress lawful recognize that the same ruling by the that constituted child pornography, it speech as a means to suppress unlawful same Supreme Court will find this bill also prohibited images that did not speech.’’ unconstitutional and unenforceable; constitute child pornography, because Finally, Mr. Chairman, the govern- and, therefore, the amendment should actual children were not involved in ment suggests that because the court be opposed. determined that it did not decide the production. Mr. Chairman, I reserve the balance whether an affirmative defense could The court made it clear that pro- of my time. tected speech may not be banned as a save an otherwise unconstitutional means to ban unprotected speech. This law, it left open that possibility. That Mr. SMITH of Texas. Mr. Chairman, I would turn the first amendment upside may be technically true, but listen to yield myself such time as I may con- down. what the court said: ‘‘In order to force sume. Proponents of the bill believe that this objection, the government would Mr. Chairman, this amendment ad- the court left intact or left open the have us read the CPPA as not a meas- dresses the April 16, 2002, Supreme question of whether government can ure suppressing speech but as a law Court decision in Ashcroft versus Free

VerDate Dec 13 2002 02:47 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.051 H27PT1 H2434 CONGRESSIONAL RECORD — HOUSE March 27, 2003 Speech Coalition. That decision struck stated: ‘‘We need not decide, however, wheth- made through the abuse of real children.’’ 122 down in 1996 a law written to combat er the Government could impose this burden S. Ct. at 1406–07 (Thomas, J., concurring in computer-generated pornography be- on a speaker. Even if an affirmative defense the judgment). Similarly, Justice O’Connor can save a statute from First Amendment noted in her opinion concurring in part and cause it was too broad. challenge, here the defense is incomplete and dissenting in part that, ‘‘given the rapid pace b 1230 insufficient, even on its own terms.’’ Justice of advances in computer-graphics tech- Thomas, concurring, stated that the ‘‘Court nology, the Government’s concern is reason- The overturning of this law to com- does leave open the possibility that a more able.’’ Id. at 1409. Moreover, to avert serious bat child pornography has emboldened complete affirmative defense could save a harms, Congress may rely on reasonable pre- those who would have used children. statute’s constitutionality, see ante, at 1405, dictive judgments, even when legislating in Regrettably, the prediction of the implicitly accepting that some regulation of an area implicating freedom of speech. See president of the National Center for virtual child pornography might be constitu- Turner Broad. Sys. Inc. v. FCC 520 U.S. 180, Missing and Exploited Children has tional.’’ No member of the Court took excep- 210–11 (1997). We believe that Congress has a strong basis for concluding that the very ex- come true. He said, ‘‘The court’s deci- tion with his conclusion. Congress clearly has a compelling interest istence of sexually explicit computer images sion will result in the proliferation of to protect children from sexual exploitation. that are virtually indistinguishable from im- child pornography in America unlike That interest extends to the prosecution of ages of real minors engaged in sexually ex- anything we have seen in more than 20 those who exploit children. These prosecu- plicit conduct poses a serious danger to fu- years.’’ tions are seriously threatened by the mere ture prosecutions involving child pornog- A Government Accounting Office re- possibility that technology exists to create a raphy. Indeed, we already have some sense of port just 2 weeks ago found that in the depiction of a virtual child. This possibility the impact of the Court’s decision. The allows those who harm real children to claim Ninth Circuit had invalidated the same pro- weight of the Supreme Court decision, visions of law in 1999, and all accounts indi- child pornographers now are increasing that the child pornography they possess does not contain real children. cate that the number and scope of child por- their presence on the Internet and are Computer technology already exists today nography prosecutions brought by our pros- engaging in their depraved actions to disguise depictions of real children to ecutors in the Ninth Circuit has been ad- with relative ease. The Internet has make them unidentifiable and to make de- versely impacted. proved a useful tool for pedophiles and pictions of real children appear computer Since the Supreme Court’s decision in Free Speech Coalition, evidence of this growing sex predators as they distribute child generated. Furthermore, evidence was pre- sented to the Congress that the technology threat is clear as defendants in almost every pornography, engage in sexually ex- child pornography case contend that the de- plicit conversations with children, and may already exist to depict virtual children to look real and completely indistinguish- pictions could be virtual, requiring the pros- hunt for victims in chat rooms. able. ecutors to prove that the children depicted Every parent should know what their Compounding the problem, is the fact that are real. Some of the defense efforts are suc- children see and do online. Unfortu- the vast majority of child pornography pros- ceeding. For example, after Free Speech Coali- nately, the new playground for child ecutions today involve images contained on tion, a court granted the defendant’s motion pornographers is the Internet. computer hard drives, computer disks, or re- to withdraw a guilty plea and held that the lated media and that a computer image government must prove beyond a reasonable Our children are the most vulnerable doubt that the defendant knew that the im- among us, and we need to protect seized from a child pornographer is rarely a first-generation product. These pictures are ages depicted real children. them. If this amendment becomes law, e-mailed over and over again or scanned in Moreover, the existence of computer gen- erated images of child pornography that is child pornographers will be a mere from photographs of real children being indistinguishable from depictions of real click away from a lengthy prison sen- abused and exploited. The transmission of children will bolster the child pornography tence. This amendment increases pen- images over an e-mail system can alter the market and those who abuse children to image and make it impossible even for an ex- alties and provides prosecutors with produce such pictures. The majority opinion pert to know whether or not a particular the tools they need to win convictions in Free speech Coalition stated, in dicta, image depicts a real child. If the original against child pornographers, and it re- that ‘‘if virtual images were identical to ille- image has been scanned from a paper version sponds to the Supreme Court’s con- gal child pornography, the illegal images into a digital format, this task can be even would be driven from the market by the in- stitutional concerns by narrowing the harder since proper forensic delineation may distinguishable substitutes.’’ Contrary to definition of child pornography and in- depend on the quality of the image scanned cludes an affirmative defense when real that belief, the President and CEO of NCMEC and the tools used to scan it. ‘‘believe[s] that the Court’s decision will re- To prove a child is real will require identi- children are not depicted. sult in the proliferation of child pornography fying the actual child. This is usually an im- This amendment passed the House as in America, unlike anything we have seen in possible task. The quandary is that while separate legislation last year by a vote more than twenty years.’’ He concluded that there is no substantial evidence that any of of 413 to 8, but the Senate failed to act. ‘‘as a result of the Court’s decision, thou- the child pornography images being traf- sands of children will be sexually victimized, I hope my colleagues again will support ficked today were made in any other way most of whom will not report the offense.’’ the provisions in this amendment than by the abuse of real children, techno- which will reduce child pornography on The Court stated that ‘‘[f]ew pornog- logical advances are leading many criminal raphers would risk prosecution by abusing the Internet. defendants to suggest otherwise. These de- real children if fictional, computerized im- Mr. Chairman, I insert for the fendants are claiming that the images they ages would suffice.’’ This conclusion is sim- RECORD the analysis of the constitu- possess are not those of real children, insist- ply wrong. The individuals who produce, tionality of this legislation. ing that the government prove beyond a rea- trade, and exchange child pornography are sonable doubt that the images are not com- CONSTITUTIONAL ANALYSIS OF THE SMITH rarely profit motivated. Pictures of abuse of puter-generated. This is not a new defense, AMENDMENT TO H.R. 1104—THE ‘‘CHILD OB- real children are sold, but they are also trad- but without a narrowly drafted statute in- SCENITY AND PORNOGRAPHY PREVENTION ed and displayed—they are trophies and tended to prohibit the use of virtual child ACT’’ signs of validation for deviant behavior. pornography that an ordinary person view- While the Supreme Court has certainly On April 16, 2002, the Supreme Court in ing the depiction could not distinguish from opened the door for the adult entertainment Ashcroft v. Free Speech Coalition, held that a depiction of a real child, it will be impos- industry to enter the child pornography mar- two of Federal definitions of child pornog- sible for the government to prosecute child ket, legalizing virtual child pornography will raphy unconstitutional. § 18 U.S.C. pornography cases involving computer im- not reduce the market for real children. § 2256(8)(B), defined child pornography to in- ages. Some in the Court are cognizant that Rather, the result will be a market that con- clude wholly computer generated pictures technology may threaten the Government’s tains both real and virtual children (as it that appear to be of a minor engaging in sex- compelling state interest of effective pros- does now). The only difference is that now ually explicit conduct. § 18 U.S.C. § 2256(8)(D), ecution of those who sexually exploit chil- child molesters will be able to hide their defined child pornography to include a visual dren and thus threaten the Government’s abuse with altered or merely e-mailed photo- depiction where it is advertised, promoted, ability to protect children. graphs of their victims and the market will or presented, to convey the impression that A representative from the Department of no longer be underground but will return to the material contains a visual depiction of a Justice testified: the public ‘‘adult book stores.’’ minor engaging in sexually explicit conduct. As Justice Thomas noted in his concurring Child pornography—virtual or otherwise— The Court’s decision does not bar Congress opinion, ‘‘if technological advances thwart is detrimental to the nation’s most precious from outlawing virtual child pornography prosecution of ‘unlawful speech,’ the Govern- and vulnerable asset, our children. Regard- when the prohibition is narrowly-drawn to ment may well have a compelling interest in less of the method of its production, child promote a compelling government interest. barring or otherwise regulating some narrow pornography is used to promote and incite In fact, the Court in its opinion, expressly category of ‘lawful speech’ in order to en- deviant and dangerous behavior in our soci- left that option open for Congress. The Court force effectively laws against pornography ety. As the President and CEO of the NCMEC

VerDate Dec 13 2002 02:43 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.053 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2435 testified ‘‘there is compelling evidence that statutory language overbroad, and therefore, Mr. Chairman, may I ask how much visual depictions of sexually explicit conduct unconstitutional. time remains on our side. involving children cause real physical, emo- This legislation is constitutional as it nar- The CHAIRMAN pro tempore (Mr. tional and psychological damage not only to rows the definition in significant ways and HASTINGS of Washington). The gen- depicted children but also to non-depicted strengthens the affirmative defense. Fur- children. It is just as insidious, whether it is thermore, there is a compelling state inter- tleman from Texas (Mr. SMITH) has 5 a photographic record of a child’s actual vic- est for the narrowly drawn prohibition. The minutes remaining, and the gentleman timization, or a photographic depiction used Government’s compelling state interest is to from Virginia (Mr. SCOTT) has 30 sec- as a tool or device to subsequently victimize protect children from exploitation. And the onds remaining. other children.’’ protection includes the prosecution of those Mr. SMITH of Texas. Mr. Chairman, I Sex predators produce, trade, and use child who would or do exploit children. The Court yield 21⁄2 minutes to the gentleman pornography for several insidious purposes. gave the Congress an opportunity to address- from Wisconsin (Mr. GREEN) the vice- Pedophiles not only like to create a perma- es its concerns, and the Congress has an obli- nent record for arousal and gratification, but gation to do so. chairman of the Subcommittee on also like to trade these pictures with other Mr. Chairman, I reserve the balance Crime, Terrorism and Homeland Secu- pedophiles to validate their actions. Addi- of my time. rity. tionally, sex offenders use child pornography Mr. SCOTT of Virginia. Mr. Chair- Mr. GREEN of Wisconsin. Mr. Chair- to lower children’s inhibitions to make them man, I yield 2 minutes to the gen- man, I thank the gentleman from believe that such behavior is acceptable and tleman from North Dakota (Mr. POM- Texas for yielding me the time, and I normal. There are also those who sell it for want to commend the gentleman for profit. EROY). Prior to 1982, child pornography lined the Mr. POMEROY. Mr. Chairman, I this legislation. shelves of many ‘‘adult’’ entertainment thank the gentleman for yielding me This is a terribly important tool for stores. This changed after the 1982 Supreme the time. prosecutors; and it is yet another rea- Court’s New York v. Ferber decision that I have the greatest respect for the son why this bill, this larger legisla- found child pornography was not entitled to legal skill of my friend and colleague tion, is such a historic advance in the First Amendment protection. In Ferber, the from Virginia. I disagree with his take battle against those who would prey on Court found that: ‘‘[i]t is evident beyond the on this particular amendment, how- our kids. I know we all recognize that need for elaboration that a State’s interest ever. I am a cosponsor of the legisla- technology, quite frankly, is outpacing in ‘safeguarding the physical and psycho- tion represented by the amendment our ability to deal with it, ethically logical well-being of a minor’ is ‘compel- and am pleased today to speak for its ling.’ ’’ Further the Court found that: ‘‘[t]he and legally. distribution of photographs and films depict- passage. The computer information revolution ing sexual activity by juveniles is intrinsi- I want to commend, in particular, has created a wonderful window on the cally related to the sexual abuse of children the gentleman from Texas (Mr. SMITH), world for our young people, but its in at least two ways. First, the material pro- who in an exemplary bipartisan man- darker shadows and darker moments duced are a permanent record of the chil- ner worked to build this legislation, can allow monsters into our home and, dren’s participation and the harm to the crafted around a very careful reading quite frankly, allow monsters closer to child is exacerbated by their circulation. of the Supreme Court ruling, a ref- our children. Second, the distribution network for child erence by the gentleman from Virginia We cannot and must not allow the pornography must be closed if the produc- (Mr. SCOTT), and then forged the legis- tion of material which requires the sexual porn industry to hide behind emerging lative response that will withstand Su- technologies and hyperlegal nuances. I exploitation of children is to be effectively preme Court review. controlled.’’ refuse to say what the opponents imply This is not an exercise of making a While child pornography disappeared from today, that is, that somehow child por- statement only to be followed by the bookstores following Ferber, it did not dis- nography becomes a victimless crime inevitable Supreme Court ruling appear from existence.’’ The child pornog- with a couple of key strokes. raphy market merely went underground, but throwing out the legislation. This one It is time to chase those dark shad- this underground market was spurred by the is written to withstand review to an- ows away. It is time to give prosecu- advent of the Internet. Nevertheless, law en- swer the constitutional objections tors the tools to fight back. It is time forcement had begun to make enormous raised about the earlier legislation, and to give them what they are asking for, strides in the enforcement and prosecution it comes at a critical point in time for of child pornography crimes. the ability to shine a light on child our country. Again, the Government has a compelling pornography, the ability to fight back state interest in protecting children from The Internet, as this wonderful new technology is changing so many things, and to end this terrible scourge. This is those who sexually exploit them including a critical part, in my view, to a com- both child molesters and child pornog- has had the unfortunate effect of ena- raphers. The Supreme Court in New York v. bling child pornographers beyond ever prehensive response of child abduction Ferber, concluded that ‘‘[t]he prevention of before, at the very time when we have and those who would prey on our kids. sexual exploitation and abuse of children computer technology being used in the Again, I want to compliment the gen- constitutes a government objective of sur- creation and dissemination of graphic, tleman. I think this is a great addition passing importance.’’ In Osborne v. Ohio, the completely unacceptable child pornog- to this legislation. Court recognized that this compelling state Mr. SMITH of Texas. Mr. Chairman, I interest extends to stamping out the vice of raphy. The legislation responds to that, includes several different compo- yield the balance of my time to the child pornography ‘‘at all levels in the dis- gentlewoman from Pennsylvania (Ms. tribution chain.’’ nents that go beyond any component of It follows that the Government has a com- what might be in a free-speech argu- HART), a very active member of the pelling interest to ensure that the criminal ment, banning the use by an adult to a Committee on the Judiciary. prohibitions against child pornography re- minor, the exchange of this material Ms. HART. Mr. Chairman, I would main enforceable and effective. As the Court over the Internet, commonly used as like to thank the gentleman from stated in Ferber, ‘‘[t]he most expeditious if part of an enticement procedure by Texas (Mr. SMITH) as sponsor of the not the only practical method of law enforce- amendment. ment may be to dry up the market for this perpetrators of those who would ex- ploit children and lure them into con- A little over a year ago, a 13-year-old material by imposing severe criminal pen- girl was abducted from her home near alties on persons selling, advertising, or oth- tact. erwise promoting the product.’’ It creates a per se definition that ex- Pittsburgh. She was found tied to a bed It became apparent in the 1990’s that ad- plicit sexual acts depicted between in a Herndon, Virginia, townhome. The vances in technology threatened the Govern- very young children is per se obscene. I adult male abductor had met this girl ment’s compelling state interest in pro- believe this will make a very useful on the Internet and had bragged to tecting real children through the effective contribution to our judges as they other would-be child molesters that he prosecution of the child pornography laws evaluate the unseemly cases brought had finally found a young girl to make that cover the visual depictions of real chil- before them. his sex slave. dren. In 1996, the Congress attempted to ad- The man had a history of viewing and dress this concern with the Child Pornog- This is an important amendment. I raphy Prevention Act. The 1996 language in- urge its adoption. exchanging child pornography over the cluded a prohibition of any virtual depic- Mr. SMITH of Texas. Mr. Chairman, I Internet. Currently, law enforcement tions as well as pictures of youthful-looking thank the gentleman from North Da- has little power to stop this. The bill adults. The Supreme Court found the 1996 kota (Mr. POMEROY) for his remarks. today, which includes the AMBER

VerDate Dec 13 2002 02:43 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.056 H27PT1 H2436 CONGRESSIONAL RECORD — HOUSE March 27, 2003 Alert, which helps to locate abducted The Chair will reduce to 5 minutes Lipinski Pelosi Smith (NJ) children, it also includes, most impor- the time for the second vote in this se- LoBiondo Pence Smith (TX) Lofgren Peterson (MN) Smith (WA) tantly, laws to strengthen the ability ries. Lowey Peterson (PA) Souder to ensure children are not abducted in AMENDMENT NO. 2 OFFERED BY MR. FEENEY Lucas (KY) Petri Spratt Lucas (OK) Pickering the first place. The CHAIRMAN pro tempore. The Stearns Lynch Pitts Stenholm The amendment further strengthens pending business is the demand for a Maloney Platts the bill by making it illegal to possess, Strickland recorded vote on amendment No. 2 of- Manzullo Pombo Stupak distribute or create computer or com- fered by the gentleman from Florida Markey Pomeroy Sullivan Marshall Porter puter-related images depicting child (Mr. FEENEY) on which further pro- Sweeney Matheson Portman Tancredo pornography. Child pornography feeds Matsui Price (NC) ceedings were postponed and on which Tanner the sick desires of pedophiles. It en- McCarthy (NY) Pryce (OH) the ayes prevailed by voice vote. Tauscher McCrery Putnam tices its viewers to take advantage of Tauzin The Clerk will redesignate the McGovern Quinn real young children. Taylor (MS) amendment. McHugh Radanovich Taylor (NC) This amendment provides another McInnis Ramstad The Clerk redesignated the amend- Terry tool to get perpetrators of child abuse ment. McIntyre Regula McKeon Rehberg Thomas and child pornography off the streets Thompson (CA) and out of Internet chat rooms before RECORDED VOTE McNulty Renzi The CHAIRMAN pro tempore. A re- Meehan Reyes Thompson (MS) more children are targeted. Meeks (NY) Reynolds Thornberry With the Smith amendment, this bill corded vote has been demanded. Menendez Rodriguez Tiahrt will close the door left open by the Su- A recorded vote was ordered. Mica Rogers (AL) Tiberi Tierney preme Court decision last April that The vote was taken by electronic de- Michaud Rogers (KY) vice, and there were—ayes 357, noes 58, Miller (FL) Rogers (MI) Toomey overturned similar provisions of a 1996 Miller (MI) Rohrabacher Towns law. I encourage my colleagues to answered ‘‘present’’ 1, not voting 18, as Miller (NC) Ros-Lehtinen Turner (OH) think first of the children and the fam- follows: Miller, Gary Ross Turner (TX) [Roll No. 87] Moore Rothman Udall (CO) ilies who have been so unnecessarily Moran (KS) Royce Upton harmed by child abductors and child AYES—357 Moran (VA) Ruppersberger Van Hollen molesters in our Nation. Ackerman Cox Greenwood Murphy Ryan (OH) Visclosky This law, with this amendment at- Aderholt Cramer Gutierrez Murtha Ryan (WI) Vitter Musgrave Ryun (KS) tached, will go a long way to pre- Akin Crane Gutknecht Walden (OR) Alexander Crenshaw Hall Myrick Sanchez, Loretta Walsh venting those horrible stories that we Andrews Crowley Harman Napolitano Sandlin Wamp so hate to hear on the news. Baca Cubin Harris Neal (MA) Saxton Watson Nethercutt Schrock Bachus Culberson Hart Weiner Mr. SMITH of Texas. Mr. Chairman, I Ney Scott (GA) Baker Cunningham Hastings (WA) Weldon (FL) yield back the balance of my time. Northup Sensenbrenner Baldwin Davis (CA) Hayes Weldon (PA) Norwood Sessions Mr. SCOTT of Virginia. Mr. Chair- Ballenger Davis (FL) Hayworth Weller man, I yield myself the balance of my Barrett (SC) Davis (TN) Hefley Nunes Shadegg Nussle Shaw Wexler time. Bartlett (MD) Davis, Jo Ann Hensarling Whitfield Barton (TX) Davis, Tom Herger Obey Shays The Supreme Court told us that vir- Ortiz Sherwood Wicker Bass Deal (GA) Hill Wilson (NM) tual images produced without real chil- Beauprez DeFazio Hinojosa Osborne Shimkus Ose Shuster Wilson (SC) dren cannot be prohibited unless they Bell DeLauro Hobson Wolf Bereuter DeLay Hoeffel Otter Simmons are obscene. The bright line is a person Wu Berkley DeMint Hoekstra Pallone Simpson Wynn has got to use real children for it to be Berry Deutsch Holden Pascrell Skelton Young (AK) illegal. This bill says that virtual im- Biggert Diaz-Balart, L. Holt Pastor Slaughter ages without using children are illegal. Bilirakis Diaz-Balart, M. Hooley (OR) Pearce Smith (MI) Young (FL) The same Supreme Court will make the Bishop (GA) Dicks Hostettler Bishop (NY) Doggett Houghton NOES—58 same decision. Bishop (UT) Dooley (CA) Hulshof Abercrombie Jackson-Lee Rangel This amendment is unconstitutional Blackburn Doolittle Hunter Allen (TX) Roybal-Allard and ought to be rejected. Blumenauer Doyle Inslee Baird Johnson, E. B. Rush Blunt Dreier Isakson Becerra Jones (OH) Sabo Mr. Chairman, I yield back the bal- Boehlert Duncan Israel Berman Kucinich Sanchez, Linda ance of my time. Boehner Dunn Issa Cardin LaTourette T. Bonilla Edwards Istook The CHAIRMAN pro tempore. The Carson (IN) Lee Sanders Bonner Ehlers Janklow question is on the amendment offered Davis (AL) Lewis (GA) Schakowsky Bono Emanuel Jenkins Majette by the gentleman from Texas (Mr. Davis (IL) Schiff Boozman Emerson John McCollum DeGette Scott (VA) SMITH). Boswell Engel Johnson (CT) McDermott Delahunt Serrano The question was taken; and the Boucher English Johnson (IL) Meek (FL) Sherman Chairman pro tempore announced that Boyd Eshoo Johnson, Sam Farr Millender- Bradley (NH) Etheridge Jones (NC) Fattah McDonald Snyder the ayes appeared to have it. Brady (PA) Evans Kanjorski Filner Mollohan Stark Mr. SMITH of Texas. Mr. Chairman, I Brady (TX) Everett Kaptur Grijalva Nadler Udall (NM) demand a recorded vote; and pending Brown (SC) Feeney Keller Hastings (FL) Oberstar Velazquez that, I make the point of order that a Brown-Waite, Ferguson Kelly Hinchey Olver Waters Ginny Flake Kennedy (MN) Honda Paul Watt quorum is not present. Burgess Foley Kennedy (RI) Hoyer Payne Waxman The CHAIRMAN pro tempore. Pursu- Burns Forbes Kildee Jackson (IL) Rahall Woolsey ant to clause 6 of rule XVIII, further Burr Ford Kilpatrick Burton (IN) Fossella Kind ANSWERED ‘‘PRESENT’’—1 proceedings on the amendment offered Calvert Frank (MA) King (IA) by the gentleman from Texas (Mr. Camp Franks (AZ) King (NY) Owens SMITH) will be postponed. Cannon Frelinghuysen Kingston The point of no quorum is considered Cantor Frost Kirk NOT VOTING—18 Capito Gallegly Kleczka Ballance Conyers Jefferson withdrawn. Capps Garrett (NJ) Kline Brown (OH) Cummings McCarthy (MO) Capuano Gerlach Knollenberg SEQUENTIAL VOTES POSTPONED IN COMMITTEE Brown, Corrine Dingell McCotter Cardoza Gibbons Kolbe OF THE WHOLE Buyer Fletcher Miller, George Carson (OK) Gilchrest LaHood Clay Gephardt Oxley The CHAIRMAN pro tempore. Pursu- Carter Gillmor Lampson Combest Hyde Solis ant to clause 6 of rule XVIII, pro- Case Gingrey Langevin ceedings will now resume on those Castle Gonzalez Lantos Chabot Goode Larsen (WA) ANNOUNCEMENT BY THE CHAIRMAN PRO amendments on which further pro- Chocola Goodlatte Larson (CT) TEMPORE ceedings were postponed in the fol- Clyburn Gordon Latham lowing order: amendment No. 2 offered Coble Goss Leach The CHAIRMAN pro tempore (Mr. by the gentleman from Florida (Mr. Cole Granger Levin HASTINGS of Washington) (during the Collins Graves Lewis (CA) FEENEY), amendment No. 8 offered by Cooper Green (TX) Lewis (KY) vote). The Chair advises Members there the gentleman from Texas (Mr. SMITH). Costello Green (WI) Linder are 2 minutes remaining in this vote.

VerDate Dec 13 2002 02:43 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.056 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2437 b 1302 DeLauro Johnson, Sam Pence Walden (OR) Weldon (FL) Wilson (SC) DeLay Jones (NC) Peterson (MN) Walsh Weldon (PA) Wolf Ms. WOOLSEY, Ms. DEGETTE, Mr. DeMint Kanjorski Peterson (PA) Wamp Weller Wu DAVIS of Illinois, Ms. MILLENDER- Deutsch Kaptur Petri Waters Wexler Wynn McDONALD, Messrs. RUSH, MEEK of Diaz-Balart, L. Keller Pickering Watson Whitfield Young (AK) Diaz-Balart, M. Kelly Pitts Waxman Wicker Young (FL) Florida, KUCINICH, BECERRA, Ms. Dicks Kennedy (MN) Platts Weiner Wilson (NM) JACKSON-LEE of Texas, Mr. LEWIS of Dingell Kennedy (RI) Pombo NOES—15 Georgia and Mr. RAHALL changed Doggett Kildee Pomeroy Dooley (CA) Kilpatrick Porter Abercrombie Lee Sanders their vote from ‘‘aye’’ to ‘‘no.’’ Doolittle Kind Portman Conyers McDermott Scott (VA) Mrs. TAUSCHER, Ms. BERKLEY, Doyle King (IA) Price (NC) Davis (IL) Nadler Stark Messrs. HINOJOSA, LARSON of Con- Dreier King (NY) Pryce (OH) Jackson (IL) Paul Watt necticut, WEXLER, PETERSON of Duncan Kingston Putnam Jones (OH) Rush Woolsey Dunn Kirk Quinn NOT VOTING—13 Pennsylvania and Ms. HARMAN Edwards Kleczka Radanovich changed their vote from ‘‘no’’ to ‘‘aye.’’ Ehlers Kline Rahall Brown, Corrine Gephardt Miller, George So the amendment was agreed to. Emanuel Knollenberg Ramstad Buyer Hyde Rodriguez Clay McCarthy (MO) The result of the vote was announced Emerson Kolbe Rangel Skelton Engel Kucinich Regula Combest McCarthy (NY) as above recorded. English LaHood Rehberg Fletcher McCotter Stated against: Eshoo Lampson Renzi ANNOUNCEMENT BY THE CHAIRMAN PRO Etheridge Langevin Reyes Mr. BALLANCE. Mr. Chairman, on rollcall TEMPORE Evans Lantos Reynolds No. 87, I was in attendance at a meeting of Everett Larsen (WA) Rogers (AL) The CHAIRMAN pro tempore (during the CBC Foundation at the National Press Farr Larson (CT) Rogers (KY) the vote). There are 2 minutes remain- Club and did not return in time to vote. Had Fattah Latham Rogers (MI) ing in this vote. I been present, I would have voted ‘‘no.’’ Feeney LaTourette Rohrabacher Ferguson Leach Ros-Lehtinen b 1311 ANNOUNCEMENT BY THE CHAIRMAN PRO Filner Levin Ross TEMPORE Flake Lewis (CA) Rothman Mr. DAVIS of Illinois and Mr. RUSH The CHAIRMAN pro tempore (Mr. Foley Lewis (GA) Roybal-Allard changed their vote from ‘‘aye’’ to ‘‘no.’’ Forbes Lewis (KY) Royce So the amendment was agreed to. HASTINGS of Washington). The remain- Ford Linder Ruppersberger The result of the vote was announced ing question in this series will be a 5- Fossella Lipinski Ryan (OH) as above recorded. minute vote. Frank (MA) LoBiondo Ryan (WI) Franks (AZ) Lofgren Ryun (KS) Stated for: AMENDMENT NO. 8 OFFERED BY MR. SMITH OF Frelinghuysen Lowey Sabo Mr. SKELTON. Mr. Chairman, on rollcall No. TEXAS Frost Lucas (KY) Sanchez, Linda 88, I was unavoidably detained. Had I been The CHAIRMAN pro tempore. The Gallegly Lucas (OK) T. present, I would have voted ‘‘aye.’’ pending business is the demand for a Garrett (NJ) Lynch Sanchez, Loretta The CHAIRMAN pro tempore. The Gerlach Majette Sandlin recorded vote on the amendment of- Gibbons Maloney Saxton question is on the committee amend- fered by the gentleman from Texas Gilchrest Manzullo Schakowsky ment in the nature of a substitute, as (Mr. SMITH) on which further pro- Gillmor Markey Schiff amended. ceedings were postponed and on which Gingrey Marshall Schrock The committee amendment in the Gonzalez Matheson Scott (GA) the ayes prevailed by voice vote. Goode Matsui Sensenbrenner nature of a substitute, as amended, was The Clerk will redesignate the Goodlatte McCollum Serrano agreed to. amendment. Gordon McCrery Sessions The CHAIRMAN pro tempore. Under Goss McGovern Shadegg the rule, the Committee rises. The Clerk redesignated the amend- Granger McHugh Shaw ment. Accordingly, the Committee rose; Graves McInnis Shays and the Speaker pro tempore (Mr. RECORDED VOTE Green (TX) McIntyre Sherman Green (WI) McKeon Sherwood SIMPSON) having assumed the chair, The CHAIRMAN pro tempore. A re- Greenwood McNulty Shimkus Mr. HASTINGS of Washington, Chairman corded vote has been demanded. Grijalva Meehan Shuster pro tempore of the Committee of the A recorded vote was ordered. Gutierrez Meek (FL) Simmons Gutknecht Meeks (NY) Simpson Whole House on the State of the Union, The CHAIRMAN pro tempore. This Hall Menendez Slaughter reported that that Committee, having will be a 5-minute vote. Harman Mica Smith (MI) had under consideration the bill (H.R. The vote was taken by electronic de- Harris Michaud Smith (NJ) 1104) to prevent child abduction, and vice, and there were—ayes 406, noes 15, Hart Millender- Smith (TX) Hastings (FL) McDonald Smith (WA) for other purposes, pursuant to House not voting 13, as follows: Hastings (WA) Miller (FL) Snyder Resolution 160, he reported the bill [Roll No. 88] Hayes Miller (MI) Solis back to the House with an amendment Hayworth Miller (NC) Souder AYES—406 Hefley Miller, Gary Spratt adopted by the Committee of the Ackerman Blunt Carson (OK) Hensarling Mollohan Stearns Whole. Aderholt Boehlert Carter Herger Moore Stenholm The SPEAKER pro tempore. Under Akin Boehner Case Hill Moran (KS) Strickland the rule, the previous question is or- Alexander Bonilla Castle Hinchey Moran (VA) Stupak Allen Bonner Chabot Hinojosa Murphy Sullivan dered. Andrews Bono Chocola Hobson Murtha Sweeney Is a separate vote demanded on any Baca Boozman Clyburn Hoeffel Musgrave Tancredo amendment to the committee amend- Bachus Boswell Coble Hoekstra Myrick Tanner ment in the nature of a substitute Baird Boucher Cole Holden Napolitano Tauscher Baker Boyd Collins Holt Neal (MA) Tauzin adopted by the Committee of the Baldwin Bradley (NH) Cooper Honda Nethercutt Taylor (MS) Whole? If not, the question is on the Ballance Brady (PA) Costello Hooley (OR) Ney Taylor (NC) amendment. Ballenger Brady (TX) Cox Hostettler Northup Terry The amendment was agreed to. Barrett (SC) Brown (OH) Cramer Houghton Norwood Thomas Bartlett (MD) Brown (SC) Crane Hoyer Nunes Thompson (CA) The SPEAKER pro tempore. The Barton (TX) Brown-Waite, Crenshaw Hulshof Nussle Thompson (MS) question is on the engrossment and Bass Ginny Crowley Hunter Oberstar Thornberry third reading of the bill. Beauprez Burgess Cubin Inslee Obey Tiahrt The bill was ordered to be engrossed Becerra Burns Culberson Isakson Olver Tiberi Bell Burr Cummings Israel Ortiz Tierney and read a third time, and was read the Bereuter Burton (IN) Cunningham Issa Osborne Toomey third time. Berkley Calvert Davis (AL) Istook Ose Towns The SPEAKER pro tempore. The Berman Camp Davis (CA) Jackson-Lee Otter Turner (OH) question is on the passage of the bill. Berry Cannon Davis (FL) (TX) Owens Turner (TX) The question was taken; and the Biggert Cantor Davis (TN) Janklow Oxley Udall (CO) Bilirakis Capito Davis, Jo Ann Jefferson Pallone Udall (NM) Speaker pro tempore announced that Bishop (GA) Capps Davis, Tom Jenkins Pascrell Upton the ayes appeared to have it. Bishop (NY) Capuano Deal (GA) John Pastor Van Hollen RECORDED VOTE Bishop (UT) Cardin DeFazio Johnson (CT) Payne Velazquez Blackburn Cardoza DeGette Johnson (IL) Pearce Visclosky Mr. SENSENBRENNER. Mr. Speak- Blumenauer Carson (IN) Delahunt Johnson, E. B. Pelosi Vitter er, I demand a recorded vote.

VerDate Dec 13 2002 04:34 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.059 H27PT1 H2438 CONGRESSIONAL RECORD — HOUSE March 27, 2003 A recorded vote was ordered. Millender- Ramstad Stearns Daniel Patrick Moynihan, former Member of The SPEAKER pro tempore. This 15- McDonald Rangel Stenholm the United States Senate. Miller (FL) Regula Strickland minute vote on the passage of H.R. 1104 Miller (MI) Rehberg Stupak The message also announced that will be followed by two 5-minute votes Miller (NC) Renzi Sullivan pursuant to Public Law 96–388, as on postponed suspensions. Miller, Gary Reyes Sweeney amended by Public Law 97–84 and Pub- Moore Reynolds The vote was taken by electronic de- Tancredo lic Law 106–292, the Chair, on behalf of Moran (KS) Rodriguez Tanner vice, and there were—ayes 410, noes 14, Moran (VA) Rogers (AL) Tauscher the President pro tempore, and upon not voting 10, as follows: Murphy Rogers (KY) Tauzin the recommendation of the Majority Murtha Rogers (MI) Taylor (MS) [Roll No. 89] Musgrave Rohrabacher Leader, appoints the following Sen- Taylor (NC) Myrick Ros-Lehtinen ators to the United States Holocaust AYES—410 Terry Nadler Ross Memorial Council for the One Hundred Abercrombie Davis (FL) Holt Thomas Napolitano Rothman Eighth Congress— Ackerman Davis (IL) Honda Neal (MA) Roybal-Allard Thompson (CA) Aderholt Davis (TN) Hooley (OR) Nethercutt Royce Thompson (MS) the Senator from Utah (Mr. HATCH); Akin Davis, Jo Ann Hostettler Ney Ruppersberger Thornberry the Senator from Maine (Ms. COL- Alexander Davis, Tom Houghton Tiahrt Northup Rush LINS); and Allen Deal (GA) Hoyer Norwood Ryan (OH) Tiberi Andrews DeFazio Hulshof Nunes Ryan (WI) Tierney the Senator from Minnesota (Mr. Baca DeGette Hunter Nussle Ryun (KS) Toomey COLEMAN). Bachus Delahunt Inslee Obey Sanchez, Linda Towns The message also announced that Baird DeLauro Isakson Olver T. Turner (OH) pursuant to Public Law 106–398, as Baker DeLay Israel Ortiz Sanchez, Loretta Turner (TX) Baldwin DeMint Issa Osborne Sandlin Udall (CO) amended by Public Law 108–7, in ac- Ballance Deutsch Istook Ose Saxton Udall (NM) cordance with the qualifications speci- Ballenger Diaz-Balart, L. Jackson-Lee Otter Schakowsky Upton Barrett (SC) Diaz-Balart, M. fied under section 1237(E) of Public Law (TX) Owens Schiff Van Hollen Bartlett (MD) Dicks 106–398, the Chair, on behalf of the Janklow Oxley Schrock Velazquez Barton (TX) Dingell Jefferson Pallone Scott (GA) Visclosky President pro tempore and upon the Bass Doggett Jenkins Pascrell Sensenbrenner Vitter recommendation of the Democratic Beauprez Dooley (CA) John Pastor Serrano Becerra Doolittle Walden (OR) Leader, in consultation with the Rank- Johnson (CT) Payne Sessions Walsh Bell Doyle Johnson (IL) ing Members of the Senate Committee Pearce Shadegg Wamp Bereuter Dreier Johnson, E. B. Pelosi Shaw Watson on Armed Services and the Senate Berkley Duncan Johnson, Sam Pence Shays Waxman Committee on Finance, appoints the Berman Dunn Jones (NC) Peterson (MN) Sherman Weiner following individuals to the United Berry Edwards Kanjorski Peterson (PA) Sherwood Weldon (FL) Biggert Ehlers Kaptur Petri Shimkus States-China Economic Security Re- Weldon (PA) Bilirakis Emanuel Keller Pickering Shuster view Commission— Bishop (GA) Emerson Weller Kelly Pitts Simmons C. Richard D’Amato of Maryland, for Bishop (NY) Engel Kennedy (MN) Platts Simpson Wexler Bishop (UT) English Kennedy (RI) Pombo Skelton Whitfield a term expiring December 31, 2005; Blackburn Eshoo Kildee Pomeroy Slaughter Wicker Patrick A. Mulloy of Virginia, for a Blumenauer Etheridge Kilpatrick Porter Smith (MI) Wilson (NM) Blunt Evans term expiring December 31, 2004; and Kind Portman Smith (NJ) Wilson (SC) Boehlert Everett William A. Reinsch of Maryland, for King (IA) Price (NC) Smith (TX) Wolf Boehner Farr King (NY) Pryce (OH) Smith (WA) Woolsey a term expiring December 31, 2003. Bonilla Fattah Kingston Putnam Snyder Wu Bonner Feeney Kirk Quinn Solis Wynn f Bono Ferguson Kleczka Radanovich Souder Young (AK) Boozman Filner Kline Rahall Spratt Young (FL) ANNOUNCEMENT BY THE SPEAKER Boswell Flake Knollenberg Boucher Foley NOES—14 PRO TEMPORE Kolbe Boyd Forbes Conyers Mollohan Scott (VA) The SPEAKER pro tempore. Pursu- Bradley (NH) Ford Kucinich Jackson (IL) Oberstar Stark Brady (PA) Fossella LaHood ant to clause 8, rule XX, the remainder Jones (OH) Paul Waters Brady (TX) Frank (MA) Lampson of this series of votes will be conducted Langevin Lee Sabo Watt Brown (OH) Franks (AZ) McDermott Sanders as 5-minute votes. Brown (SC) Frelinghuysen Lantos Brown-Waite, Frost Larsen (WA) NOT VOTING—10 f Ginny Gallegly Larson (CT) Brown, Corrine Fletcher McCotter Burgess Garrett (NJ) Latham Buyer Gephardt Miller, George SECURING BLESSINGS OF PROVI- Burns Gerlach LaTourette Clay Hyde Burr Gibbons Leach DENCE FOR PEOPLE OF THE Combest McCarthy (MO) Burton (IN) Gilchrest Levin UNITED STATES AND OUR Lewis (CA) Calvert Gillmor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ARMED FORCES Camp Gingrey Lewis (GA) Cannon Gonzalez Lewis (KY) The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The un- Cantor Goode Linder SIMPSON) (during the vote). Members finished business is the question of sus- Capito Goodlatte Lipinski are advised that there are 2 minutes re- pending the rules and agreeing to the Capps Gordon LoBiondo maining on this vote. Capuano Goss Lofgren resolution, H. Res. 153. Cardin Granger Lowey b 1330 The Clerk read the title of the resolu- Cardoza Graves Lucas (KY) tion. Lucas (OK) Mr. JACKSON of Illinois, Ms. LEE Carson (IN) Green (TX) The SPEAKER pro tempore. The Carson (OK) Green (WI) Lynch and Mr. SANDERS changed their vote Majette question is on the motion offered by Carter Greenwood from ‘‘aye’’ to ‘‘no.’’ Case Grijalva Maloney the gentleman from Connecticut (Mr. Manzullo So the bill was passed. Castle Gutierrez SHAYS) that the House suspend the Chabot Gutknecht Markey The result of the vote was announced Chocola Hall Marshall as above recorded. rules and agree to the resolution, H. Clyburn Harman Matheson Res. 153, on which the yeas and nays Coble Harris Matsui A motion to reconsider was laid on the table. are ordered. Cole Hart McCarthy (NY) This will be a 5-minute vote. Collins Hastings (FL) McCollum f Cooper Hastings (WA) McCrery The vote was taken by electronic de- Costello Hayes McGovern MESSAGE FROM THE SENATE vice, and there were—yeas 346, nays 49, Cox Hayworth McHugh answered ‘‘present’’ 23, not voting 16, Cramer Hefley McInnis A message from the Senate by Mr. Crane Hensarling McIntyre Monahan, one of its clerks, announced as follows: Crenshaw Herger McKeon that the Senate agreed to the following [Roll No. 90] Crowley Hill McNulty Cubin Hinchey Meehan resolution: YEAS—346 Culberson Hinojosa Meek (FL) S. RES. 99 Abercrombie Baca Barrett (SC) Cummings Hobson Meeks (NY) Aderholt Bachus Bartlett (MD) Cunningham Hoeffel Menendez Resolved, That the Senate has heard with Akin Baker Barton (TX) Davis (AL) Hoekstra Mica profound sorrow and deep regret the an- Alexander Baldwin Bass Davis (CA) Holden Michaud nouncement of the death of the Honorable Andrews Ballenger Beauprez

VerDate Dec 13 2002 02:43 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.062 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2439 Bell Gerlach Menendez Sullivan Toomey Weldon (PA) The SPEAKER pro tempore. The Bereuter Gibbons Mica Sweeney Towns Weller question is on the motion offered by Berry Gilchrest Michaud Tancredo Turner (OH) Whitfield Biggert Gillmor Millender- Tanner Turner (TX) Wicker the gentleman from Nebraska (Mr. BE- Bilirakis Gingrey McDonald Tauzin Udall (NM) Wilson (NM) REUTER) that the House suspend the Bishop (GA) Gonzalez Miller (FL) Taylor (MS) Upton Wilson (SC) rules and agree to the concurrent reso- Taylor (NC) Visclosky Bishop (NY) Goode Miller (MI) Wolf lution, H. Con. Res. 118, as amended, on Bishop (UT) Goodlatte Miller (NC) Terry Vitter Wu Thomas Walden (OR) Blackburn Gordon Miller, Gary Wynn which the yeas and nays are ordered. Thompson (MS) Walsh Blunt Goss Mollohan Young (AK) This will be a 5-minute vote. Boehlert Granger Moore Thornberry Wamp Young (FL) The vote was taken by electronic de- Boehner Graves Moran (KS) Tiahrt Watson Bonilla Green (TX) Moran (VA) Tiberi Weldon (FL) vice, and there were—yeas 419, nays 0, Bonner Green (WI) Murphy not voting 15, as follows: NAYS—49 Bono Greenwood Murtha [Roll No. 91] Boozman Grijalva Musgrave Ackerman Inslee Rush Boswell Gutknecht Myrick Allen Jackson (IL) Sabo YEAS—419 Boucher Hall Nadler Baird Jones (OH) Sanchez, Linda Abercrombie Davis (AL) Hinchey Boyd Harris Napolitano Ballance Kennedy (RI) T. Ackerman Davis (CA) Hinojosa Bradley (NH) Hart Neal (MA) Berkley Kilpatrick Sanders Aderholt Davis (FL) Hobson Brady (PA) Hastings (WA) Nethercutt Blumenauer Kucinich Schakowsky Akin Davis (IL) Hoeffel Brady (TX) Hayes Ney Capuano Lee Scott (VA) Alexander Davis (TN) Hoekstra Brown (OH) Hayworth Northup Conyers Lewis (GA) Smith (WA) Allen Davis, Jo Ann Holden DeGette Lofgren Brown (SC) Hefley Norwood Solis Andrews Davis, Tom Holt Delahunt Majette Brown-Waite, Hensarling Nunes Stark Baca Deal (GA) Honda Dooley (CA) McDermott Ginny Herger Nussle Tauscher Baird DeFazio Hooley (OR) Edwards McGovern Burgess Hinojosa Ortiz Velazquez Baker DeGette Hostettler Burns Hobson Osborne Farr Oberstar Waters Baldwin Delahunt Houghton Burr Hoeffel Ose Fattah Olver Ballance DeLauro Hoyer Waxman Burton (IN) Hoekstra Otter Frank (MA) Payne Ballenger DeLay Hulshof Weiner Calvert Holden Oxley Hastings (FL) Rangel Barrett (SC) DeMint Hunter Woolsey Camp Holt Pallone Hinchey Roybal-Allard Bartlett (MD) Deutsch Inslee Cannon Honda Pascrell ANSWERED ‘‘PRESENT’’—23 Barton (TX) Diaz-Balart, L. Isakson Cantor Hooley (OR) Pastor Bass Diaz-Balart, M. Israel Capito Hostettler Paul Cardin Hill Snyder Beauprez Dicks Issa Capps Hoyer Pearce Davis (CA) Israel Thompson (CA) Bell Dingell Istook Cardoza Hulshof Pelosi DeFazio Kind Tierney Bereuter Doggett Jackson (IL) Carson (IN) Hunter Pence Dicks Lantos Udall (CO) Berkley Dooley (CA) Jackson-Lee Carson (OK) Isakson Peterson (MN) Emanuel Owens Van Hollen Berry Doolittle (TX) Carter Issa Peterson (PA) Filner Rothman Watt Biggert Doyle Janklow Case Istook Petri Gutierrez Schiff Wexler Bilirakis Dreier Jefferson Castle Jackson-Lee Pickering Harman Sherman Bishop (GA) Duncan Jenkins Bishop (NY) Dunn Johnson (CT) Chabot (TX) Pitts NOT VOTING—16 Chocola Janklow Platts Bishop (UT) Edwards Johnson (IL) Clyburn Jefferson Pombo Becerra Fletcher McCarthy (MO) Blackburn Ehlers Johnson, E. B. Coble Jenkins Pomeroy Berman Gephardt McCotter Blumenauer Emanuel Johnson, Sam Cole John Porter Brown, Corrine Houghton Miller, George Blunt Emerson Jones (NC) Collins Johnson (IL) Portman Buyer Hyde Obey Boehlert Engel Jones (OH) Cooper Johnson, E. B. Price (NC) Clay Johnson (CT) Boehner English Kanjorski Costello Johnson, Sam Pryce (OH) Combest Larsen (WA) Bonilla Eshoo Kaptur Cox Jones (NC) Putnam Bonner Etheridge Keller ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cramer Kanjorski Quinn Bono Evans Kelly Crane Kaptur Radanovich The SPEAKER pro tempore (during Boozman Everett Kennedy (MN) Crenshaw Keller Rahall the vote). Members are advised that 2 Boswell Farr Kennedy (RI) Boucher Fattah Kildee Crowley Kelly Ramstad minutes remain in this vote. Cubin Kennedy (MN) Regula Boyd Feeney Kilpatrick Culberson Kildee Rehberg b 1339 Bradley (NH) Ferguson Kind Cummings King (IA) Renzi Brady (PA) Filner King (IA) Cunningham King (NY) Reyes Mr. WAXMAN changed his vote from Brady (TX) Flake King (NY) Davis (AL) Kingston Reynolds ‘‘yea’’ to ‘‘nay.’’ Brown (OH) Foley Kingston Davis (FL) Kirk Rodriguez Brown (SC) Forbes Kirk Davis (IL) Kleczka Rogers (AL) Ms. LORETTA SANCHEZ of Cali- Brown-Waite, Ford Kleczka Davis (TN) Kline Rogers (KY) fornia changed her vote from ‘‘nay’’ to Ginny Fossella Kline Davis, Jo Ann Knollenberg Rogers (MI) ‘‘yea.’’ Burgess Frank (MA) Knollenberg Burns Franks (AZ) Kolbe Davis, Tom Kolbe Rohrabacher Mr. VAN HOLLEN changed his vote Deal (GA) LaHood Ros-Lehtinen Burr Frelinghuysen Kucinich DeLauro Lampson Ross from ‘‘yea’’ to ‘‘present.’’ Burton (IN) Frost LaHood DeLay Langevin Royce So (two-thirds having voted in favor Calvert Gallegly Lampson DeMint Larson (CT) Ruppersberger thereof) the rules were suspended and Camp Garrett (NJ) Langevin Deutsch Latham Ryan (OH) Cannon Gerlach Lantos Diaz-Balart, L. LaTourette Ryan (WI) the resolution was agreed to. Cantor Gibbons Larsen (WA) Diaz-Balart, M. Leach Ryun (KS) The result of the vote was announced Capito Gilchrest Larson (CT) Dingell Levin Sanchez, Loretta as above recorded. Capps Gillmor Latham Capuano Gingrey LaTourette Doggett Lewis (CA) Sandlin A motion to reconsider was laid on Doolittle Lewis (KY) Saxton Cardin Gonzalez Leach Doyle Linder Schrock the table. Cardoza Goode Lee Dreier Lipinski Scott (GA) Stated against: Carson (IN) Goodlatte Levin Duncan LoBiondo Sensenbrenner Mr. RUSH of Illinois. Mr. Speaker, on Carson (OK) Gordon Lewis (CA) Dunn Lowey Serrano Carter Goss Lewis (GA) Ehlers Lucas (KY) Sessions rollcall No. 90 I was misrecorded, and I Case Granger Lewis (KY) Emerson Lucas (OK) Shadegg duly intended to vote ‘‘no’’ on this par- Castle Graves Linder Engel Lynch Shaw ticular rollcall. Chabot Green (TX) Lipinski English Maloney Shays Chocola Green (WI) LoBiondo Eshoo Manzullo Sherwood f Clyburn Greenwood Lofgren Etheridge Markey Shimkus Coble Grijalva Lowey Evans Marshall Shuster CONCERNING TREATMENT OF Cole Gutierrez Lucas (KY) Everett Matheson Simmons MEMBERS OF ARMED FORCES Collins Gutknecht Lucas (OK) Feeney Matsui Simpson HELD AS PRISONER OF WAR BY Conyers Hall Lynch Ferguson McCarthy (NY) Skelton Cooper Harman Majette Flake McCollum Slaughter IRAQI AUTHORITIES Costello Harris Maloney Foley McCrery Smith (MI) The SPEAKER pro tempore. The un- Cox Hart Manzullo Forbes McHugh Smith (NJ) Cramer Hastings (FL) Markey Ford McInnis Smith (TX) finished business is the question of sus- Crane Hastings (WA) Marshall Fossella McIntyre Souder pending the rules and agreeing to the Crenshaw Hayes Matheson Franks (AZ) McKeon Spratt concurrent resolution, H. Con. Res. 118, Crowley Hayworth Matsui Cubin Hefley McCarthy (NY) Frelinghuysen McNulty Stearns as amended. Frost Meehan Stenholm Culberson Hensarling McCollum Gallegly Meek (FL) Strickland The Clerk read the title of the con- Cummings Herger McCrery Garrett (NJ) Meeks (NY) Stupak current resolution. Cunningham Hill McDermott

VerDate Dec 13 2002 04:34 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.048 H27PT1 H2440 CONGRESSIONAL RECORD — HOUSE March 27, 2003 McGovern Porter Smith (WA) The SPEAKER pro tempore (Mr. on computer hard drives, computer disks, or McHugh Portman Snyder SIMPSON). Is there objection to the re- related media. McInnis Price (NC) Solis (7) There is no substantial evidence that McIntyre Pryce (OH) Souder quest of the gentleman from Wis- McKeon Putnam Spratt consin? any of the child pornography images being McNulty Quinn Stark There was no objection. trafficked today were made other than by Meehan Radanovich Stearns the abuse of real children. Nevertheless, Meek (FL) Rahall Stenholm f technological advances since Ferber have led Meeks (NY) Ramstad Strickland PROSECUTORIAL REMEDIES AND many criminal defendants to suggest that Menendez Rangel Stupak the images of child pornography they possess Mica Regula Sullivan TOOLS AGAINST THE EXPLOI- Michaud Rehberg Sweeney TATION OF CHILDREN TODAY are not those of real children, insisting that the government prove beyond a reasonable Millender- Renzi Tancredo ACT OF 2003 OR ‘‘PROTECT ACT’’ McDonald Reyes Tanner doubt that the images are not computer-gen- Miller (FL) Reynolds Tauscher Mr. SENSENBRENNER. Mr. Speak- erated. Such challenges increased signifi- Miller (MI) Rodriguez Tauzin er, pursuant to House Resolution 160, I cantly after the Ashcroft v. Free Speech Coa- Miller (NC) Rogers (AL) Taylor (MS) lition decision. Miller, Gary Rogers (KY) Taylor (NC) call up the Senate bill (S. 151) to amend Mollohan Rogers (MI) Terry title 18, United States Code, with re- (8) Child pornography circulating on the Moore Rohrabacher Thomas spect to the sexual exploitation of chil- Internet has, by definition, been digitally Moran (KS) Ros-Lehtinen Thompson (CA) dren, and ask for its immediate consid- uploaded or scanned into computers and has Moran (VA) Ross Thompson (MS) been transferred over the Internet, often in Murphy Rothman Thornberry eration in the House. different file formats, from trafficker to traf- Murtha Roybal-Allard Tiahrt The Clerk read the title of the Senate ficker. An image seized from a collector of Musgrave Royce Tiberi bill. Myrick Ruppersberger Tierney child pornography is rarely a first-genera- Nadler Rush Toomey The text of S. 151 is as follows: tion product, and the retransmission of im- Napolitano Ryan (OH) Towns S. 151 ages can alter the image so as to make it dif- Neal (MA) Ryan (WI) Turner (OH) Be it enacted by the Senate and House of Rep- ficult for even an expert conclusively to Nethercutt Ryun (KS) Turner (TX) resentatives of the United States of America in opine that a particular image depicts a real Ney Sabo Udall (CO) child. If the original image has been scanned Northup Sanchez, Linda Udall (NM) Congress assembled, from a paper version into a digital format, Norwood T. Upton SECTION 1. SHORT TITLE. this task can be even harder since proper fo- Nunes Sanchez, Loretta Van Hollen This Act may be cited as the ‘‘Prosecu- rensic assessment may depend on the quality Oberstar Sanders Velazquez torial Remedies and Tools Against the Ex- Obey Sandlin Visclosky of the image scanned and the tools used to ploitation of Children Today Act of 2003’’ or Olver Saxton Vitter scan it. ‘‘PROTECT Act’’. Ortiz Schakowsky Walden (OR) (9) The impact on the government’s ability Osborne Schiff Walsh SEC. 2. FINDINGS. to prosecute child pornography offenders is Ose Schrock Wamp Congress finds the following: already evident. The Ninth Circuit has seen Otter Scott (GA) Waters (1) Obscenity and child pornography are Owens Scott (VA) Watson a significant adverse effect on prosecutions Oxley Sensenbrenner Watt not entitled to protection under the First since the 1999 Ninth Circuit Court of Appeals Pallone Serrano Waxman Amendment under Miller v. California, 413 decision in Free Speech Coalition. After that Pascrell Sessions Weiner U.S. 15 (1973) (obscenity), or New York v. decision, prosecutions generally have been Pastor Shadegg Weldon (FL) Ferber, 458 U.S. 747 (1982) (child pornography) brought in the Ninth Circuit only in the Paul Shaw Weldon (PA) and thus may be prohibited. most clear-cut cases in which the govern- Payne Shays Weller (2) The Government has a compelling state ment can specifically identify the child in Pearce Sherman Wexler interest in protecting children from those Pelosi Sherwood Whitfield the depiction or otherwise identify the origin who sexually exploit them, including both Pence Shimkus Wicker of the image. This is a fraction of meri- child molesters and child pornographers. Peterson (MN) Shuster Wilson (NM) torious child pornography cases. The Na- ‘‘The prevention of sexual exploitation and Peterson (PA) Simmons Wilson (SC) tional Center for Missing and Exploited Chil- Petri Simpson Wolf abuse of children constitutes a government dren testified that, in light of the Supreme Pickering Skelton Woolsey objective of surpassing importance,’’ New Court’s affirmation of the Ninth Circuit deci- Pitts Slaughter Wu York v. Ferber, 458 U.S. 747, 757 (1982) (em- sion, prosecutors in various parts of the Platts Smith (MI) Wynn phasis added), and this interest extends to Pombo Smith (NJ) Young (AK) country have expressed concern about the stamping out the vice of child pornography Pomeroy Smith (TX) Young (FL) continued viability of previously indicted at all levels in the distribution chain. NOT VOTING—15 Osborne v. Ohio, 495 U.S. 103, 110 (1990). cases as well as declined potentially meri- torious prosecutions. Bachus Clay John (3) The Government thus has a compelling Becerra Combest McCarthy (MO) interest in ensuring that the criminal prohi- (10) Since the Supreme Court’s decision in Berman Fletcher McCotter bitions against child pornography remain en- Free Speech Coalition, defendants in child Brown, Corrine Gephardt Miller, George forceable and effective. ‘‘[T]he most expedi- pornography cases have almost universally Buyer Hyde Nussle tious if not the only practical method of law raised the contention that the images in ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE enforcement may be to dry up the market question could be virtual, thereby requiring The SPEAKER pro tempore (during for this material by imposing severe crimi- the government, in nearly every child por- the vote). Members are advised that 2 nal penalties on persons selling, advertising, nography prosecution, to find proof that the child is real. Some of these defense efforts minutes remain in this vote. or otherwise promoting the product.’’ Fer- ber, 458 U.S. at 760. have already been successful. b 1346 (4) In 1982, when the Supreme Court de- (11) In the absence of congressional action, So (two-thirds having voted in favor cided Ferber, the technology did not exist to: this problem will continue to grow increas- (A) computer generate depictions of children ingly worse. The mere prospect that the thereof) the rules were suspended and technology exists to create computer or the concurrent resolution, as amended, that are indistinguishable from depictions of real children; (B) use parts of images of real computer-generated depictions that are in- was agreed to. distinguishable from depictions of real chil- The result of the vote was announced children to create a composite image that is unidentifiable as a particular child and in a dren will allow defendants who possess im- as above recorded. way that prevents even an expert from con- ages of real children to escape prosecution, A motion to reconsider was laid on cluding that parts of images of real children for it threatens to create a reasonable doubt the table. were used; or (C) disguise pictures of real in every case of computer images even when f children being abused by making the image a real child was abused. This threatens to look computer generated. render child pornography laws that protect AUTHORIZING THE CLERK TO (5) Evidence submitted to the Congress, in- real children unenforceable. Moreover, im- MAKE CORRECTIONS IN EN- cluding from the National Center for Missing posing an additional requirement that the GROSSMENT OF H.R. 1104, CHILD and Exploited Children, demonstrates that Government prove beyond a reasonable ABDUCTION PREVENTION ACT OF technology already exists to disguise depic- doubt that the defendant knew that the 2003 tions of real children to make them uniden- image was in fact a real child—as some courts have done—threatens to result in the Mr. SENSENBRENNER. Mr. Speak- tifiable and to make depictions of real chil- dren appear computer generated. The tech- de facto legalization of the possession, re- er, I ask unanimous consent that in the nology will soon exist, if it does not already, ceipt, and distribution of child pornography engrossment of the bill, H.R. 1104, the to computer generate realistic images of for all except the original producers of the Clerk be authorized to make technical children. material. corrections and conforming changes to (6) The vast majority of child pornography (12) To avoid this grave threat to the Gov- the bill. prosecutions today involve images contained ernment’s unquestioned compelling interest

VerDate Dec 13 2002 02:43 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.049 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2441 in effective enforcement of the child pornog- subsection (a) unless, within the time pro- ‘‘(9) ‘identifiable minor’— raphy laws that protect real children, a stat- vided for filing pretrial motions or at such ‘‘(A)(i) means a person— ute must be adopted that prohibits a nar- time prior to trial as the judge may direct, ‘‘(I)(aa) who was a minor at the time the rowly-defined subcategory of images. but in no event later than 10 days before the visual depiction was created, adapted, or (13) The Supreme Court’s 1982 Ferber deci- commencement of the trial, the defendant modified; or sion holding that child pornography was not provides the court and the United States ‘‘(bb) whose image as a minor was used in protected drove child pornography off the with notice of the intent to assert such de- creating, adapting, or modifying the visual shelves of adult bookstores. Congressional fense and the substance of any expert or depiction; and action is necessary now to ensure that open other specialized testimony or evidence upon ‘‘(II) who is recognizable as an actual per- and notorious trafficking in such materials which the defendant intends to rely. If the son by the person’s face, likeness, or other does not reappear, and even increase, on the defendant fails to comply with this sub- distinguishing characteristic, such as a Internet. section, the court shall, absent a finding of unique birthmark or other recognizable fea- extraordinary circumstances that prevented SEC. 3. CERTAIN ACTIVITIES RELATING TO MATE- ture; and RIAL CONSTITUTING OR CON- timely compliance, prohibit the defendant ‘‘(ii) shall not be construed to require proof TAINING CHILD PORNOGRAPHY. from asserting such defense to a charge of of the actual identity of the identifiable Section 2252A of title 18, United States violating paragraph (1), (2), (3), (4), or (5) of minor; or Code, is amended— subsection (a) or presenting any evidence for ‘‘(B) means a computer image, computer (1) in subsection (a)— which the defendant has failed to provide generated image, or digital image— (A) by striking paragraph (3) and inserting proper and timely notice.’’. ‘‘(i) that is of, or is virtually indistinguish- the following: SEC. 4. ADMISSIBILITY OF EVIDENCE. able from that of, an actual minor; and ‘‘(3) knowingly— Section 2252A of title 18, United States ‘‘(ii) that depicts sexually explicit conduct ‘‘(A) reproduces any child pornography for Code, is amended by adding at the end the as defined in paragraph (2)(B); and distribution through the mails, or in inter- following: ‘‘(10) ‘virtually indistinguishable’— state or foreign commerce by any means, in- ‘‘(e) ADMISSIBILITY OF EVIDENCE.—On mo- ‘‘(A) means that the depiction is such that tion of the government, in any prosecution cluding by computer; or an ordinary person viewing the depiction under this chapter, except for good cause ‘‘(B) advertises, promotes, presents, dis- would conclude that the depiction is of an shown, the name, address, social security tributes, or solicits through the mails, or in actual minor; and number, or other nonphysical identifying in- interstate or foreign commerce by any ‘‘(B) does not apply to depictions that are formation, other than the age or approxi- means, including by computer, any material drawings, cartoons, sculptures, diagrams, an- mate age, of any minor who is depicted in atomical models, or paintings depicting mi- or purported material in a manner that re- any child pornography shall not be admis- flects the belief, or that is intended to cause nors or adults or reproductions of such depic- sible and may be redacted from any other- tions.’’. another to believe, that the material or pur- wise admissible evidence, and the jury shall SEC. 6. OBSCENE VISUAL REPRESENTATIONS OF ported material is, or contains— be instructed, upon request of the United ‘‘(i) an obscene visual depiction of a minor THE SEXUAL ABUSE OF CHILDREN. States, that it can draw no inference from (a) IN GENERAL.—Chapter 110 of title 18, engaging in sexually explicit conduct; or the absence of such evidence in deciding ‘‘(ii) a visual depiction of an actual minor United States Code, is amended by inserting whether the child pornography depicts an ac- after section 2252A the following: engaging in sexually explicit conduct;’’; tual minor.’’. (B) in paragraph (4), by striking ‘‘or’’ at ‘‘§ 2252B. Obscene visual representations of SEC. 5. DEFINITIONS. the sexual abuse of children the end; Section 2256 of title 18, United States Code, ‘‘(a) IN GENERAL.—Any person who, in a (C) in paragraph (5), by striking the period is amended— circumstance described in subsection (d), at the end and inserting ‘‘; or’’; and (1) in paragraph (1), by inserting before the (D) by adding at the end the following: knowingly produces, distributes, receives, or semicolon the following: ‘‘and shall not be possesses with intent to distribute, a visual ‘‘(6) knowingly distributes, offers, sends, or construed to require proof of the actual iden- provides to a minor any visual depiction, in- depiction of any kind, including a drawing, tity of the person’’; cartoon, sculpture, or painting, that— cluding any photograph, film, video, picture, (2) in paragraph (2)— or computer generated image or picture, ‘‘(1)(A) depicts a minor engaging in sexu- (A) by striking ‘‘means actual’’ and insert- ally explicit conduct; and whether made or produced by electronic, me- ing the following: ‘‘means— chanical, or other means, where such visual ‘‘(B) is obscene; or ‘‘(A) actual’’; ‘‘(2)(A) depicts an image that is, or appears depiction is, or appears to be, of a minor en- (B) in subparagraphs (A), (B), (C), (D), and gaging in sexually explicit conduct— to be, of a minor engaging in graphic besti- (E), by indenting the left margin 2 ems to ality, sadistic or masochistic abuse, or sex- ‘‘(A) that has been mailed, shipped, or the right and redesignating subparagraphs transported in interstate or foreign com- ual intercourse, including genital-genital, (A), (B), (C), (D), and (E) as clauses (i), (ii), oral-genital, anal-genital, or oral-anal, merce by any means, including by computer; (iii), (iv), and (v), respectively; ‘‘(B) that was produced using materials whether between persons of the same or op- (C) in subparagraph (A)(v), as redesignated, posite sex; and that have been mailed, shipped, or trans- by inserting ‘‘or’’ after the semicolon; and ported in interstate or foreign commerce by ‘‘(B) lacks serious literary, artistic, polit- (D) by adding at the end the following: ical, or scientific value; any means, including by computer; or ‘‘(B)(i) actual sexual intercourse, including or attempts or conspires to do so, shall be ‘‘(C) which distribution, offer, sending, or genital-genital, oral-genital, anal-genital, or subject to the penalties provided in section provision is accomplished using the mails or oral-anal, whether between persons of the by transmitting or causing to be transmitted 2252A(b)(1), including the penalties provided same or opposite sex, or lascivious simulated for cases involving a prior conviction. any wire communication in interstate or for- sexual intercourse where the genitals, eign commerce, including by computer, ‘‘(b) ADDITIONAL OFFENSES.—Any person breast, or pubic area of any person is exhib- who, in a circumstance described in sub- for purposes of inducing or persuading a ited; section (d), knowingly possesses a visual de- minor to participate in any activity that is ‘‘(ii) actual or lascivious simulated— piction of any kind, including a drawing, car- illegal.’’; ‘‘(I) bestiality; toon, sculpture, or painting, that— (2) in subsection (b)(1), by striking ‘‘para- ‘‘(II) masturbation; or ‘‘(1)(A) depicts a minor engaging in sexu- graphs (1), (2), (3), or (4)’’ and inserting ‘‘(III) sadistic or masochistic abuse; or ally explicit conduct; and ‘‘paragraph (1), (2), (3), (4), or (6)’’; and ‘‘(iii) actual lascivious or simulated lasciv- ‘‘(B) is obscene; or (3) by striking subsection (c) and inserting ious exhibition of the genitals or pubic area ‘‘(2)(A) depicts an image that is, or appears the following: of any person;’’; to be, of a minor engaging in graphic besti- ‘‘(c) Affirmative Defense.—It shall be an (3) in paragraph (8)— ality, sadistic or masochistic abuse, or sex- affirmative defense to a charge of violating (A) by striking subparagraph (B) and in- ual intercourse, including genital-genital, paragraph (1), (2), (3), (4), or (5) of subsection serting the following: oral-genital, anal-genital, or oral-anal, (a) that— ‘‘(B) the production of such visual depic- whether between persons of the same or op- ‘‘(1)(A) the alleged child pornography was tion involves the use of an identifiable minor posite sex; and produced using an actual person or persons engaging in sexually explicit conduct; or’’; ‘‘(B) lacks serious literary, artistic, polit- engaging in sexually explicit conduct; and (B) in subparagraph (C)— ical, or scientific value; ‘‘(B) each such person was an adult at the (i) by inserting after ‘‘is engaging in sexu- or attempts or conspires to do so, shall be time the material was produced; or ally explicit conduct’’ the following: ‘‘, ex- subject to the penalties provided in section ‘‘(2) the alleged child pornography was not cept that the term ‘identifiable minor’ as 2252A(b)(2), including the penalties provided produced using any actual minor or minors. used in this subparagraph shall not be con- for cases involving a prior conviction. No affirmative defense under subsection strued to include the portion of the defini- ‘‘(c) NONREQUIRED ELEMENT OF OFFENSE.— (c)(2) shall be available in any prosecution tion contained in paragraph (9)(B)’’; and It is not a required element of any offense that involves child pornography as described (ii) by striking ‘‘or’’ at the end; and under this section that the minor depicted in section 2256(8)(C). A defendant may not as- (C) by striking subparagraph (D); and actually exist. sert an affirmative defense to a charge of (4) by striking paragraph (9), and inserting ‘‘(d) CIRCUMSTANCES.—The circumstance violating paragraph (1), (2), (3), (4), or (5) of the following: referred to in subsections (a) and (b) is that—

VerDate Dec 13 2002 02:43 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.051 H27PT1 H2442 CONGRESSIONAL RECORD — HOUSE March 27, 2003 ‘‘(1) any communication involved in or erning offenses under section 2252B of title (2) by redesignating subsections (c) and (d) made in furtherance of the offense is commu- 18, United States Code, if such guidelines do as subsections (d) and (e), respectively; and nicated or transported by the mail, or in not result in sentencing ranges that are (3) by inserting after subsection (b) the fol- interstate or foreign commerce by any lower than those that would have applied lowing: means, including by computer, or any means under paragraph (1). ‘‘(c)(1) Any person who, in a circumstance or instrumentality of interstate or foreign SEC. 7. RECORDKEEPING REQUIREMENTS. described in paragraph (2), employs, uses, commerce is otherwise used in committing Section 2257 of title 18, United States Code, persuades, induces, entices, or coerces any or in furtherance of the commission of the is amended— minor to engage in, or who has a minor as- offense; (1) in subsection (d)(2), by striking ‘‘of this sist any other person to engage in, any sexu- ‘‘(2) any communication involved in or section’’ and inserting ‘‘of this chapter or ally explicit conduct outside of the United made in furtherance of the offense con- chapter 71,’’; States, its territories or possessions, for the templates the transmission or transpor- (2) in subsection (h)(3), by inserting ‘‘, com- purpose of producing any visual depiction of tation of a visual depiction by the mail, or in puter generated image, digital image, or pic- such conduct, shall be punished as provided interstate or foreign commerce by any ture,’’ after ‘‘video tape’’; and under subsection (e). means, including by computer; (3) in subsection (i)— ‘‘(2) The circumstance referred to in para- ‘‘(3) any person travels or is transported in (A) by striking ‘‘not more than 2 years’’ graph (1) is that— interstate or foreign commerce in the course and inserting ‘‘not more than 5 years’’; and ‘‘(A) the person intends such visual depic- of the commission or in furtherance of the (B) by striking ‘‘5 years’’ and inserting ‘‘10 tion to be transported to the United States, commission of the offense; years’’. its territories or possessions, by any means, ‘‘(4) any visual depiction involved in the of- SEC. 8. SERVICE PROVIDER REPORTING OF including by computer or mail; or fense has been mailed, or has been shipped or CHILD PORNOGRAPHY AND RE- ‘‘(B) the person transports such visual de- transported in interstate or foreign com- LATED INFORMATION. piction to the United States, its territories merce by any means, including by computer, Section 227 of the Victims of Child Abuse or possessions, by any means, including by or was produced using materials that have Act of 1990 (42 U.S.C. 13032) is amended— computer or mail.’’. (1) in subsection (b)(1), by inserting ‘‘or a been mailed, or that have been shipped or SEC. 11. CIVIL REMEDIES. violation of section 2252B of that title’’ after transported in interstate or foreign com- Section 2252A of title 18, United States ‘‘of that title)’’; merce by any means, including by computer; Code, as amended by this Act, is amended by (2) in subsection (c), by inserting ‘‘or pur- or adding at the end the following: suant to’’ after ‘‘to comply with’’; ‘‘(5) the offense is committed in the special ‘‘(f) CIVIL REMEDIES.— (3) by amending subsection (f)(1)(D) to read maritime and territorial jurisdiction of the ‘‘(1) IN GENERAL.—Any person aggrieved by as follows: United States or in any territory or posses- reason of the conduct prohibited under sub- ‘‘(D) where the report discloses a violation sion of the United States. section (a) or (b) may commence a civil ac- of State criminal law, to an appropriate offi- ‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an tion for the relief set forth in paragraph (2). cial of a State or subdivision of a State for affirmative defense to a charge of violating ‘‘(2) RELIEF.—In any action commenced in the purpose of enforcing such State law.’’; subsection (b) that the defendant— accordance with paragraph (1), the court (4) by redesignating paragraph (3) of sub- ‘‘(1) possessed less than 3 such visual depic- may award appropriate relief, including— section (b) as paragraph (4); and tions; and ‘‘(A) temporary, preliminary, or permanent (5) by inserting after paragraph (2) of sub- ‘‘(2) promptly and in good faith, and with- injunctive relief; section (b) the following new paragraph: out retaining or allowing any person, other ‘‘(B) compensatory and punitive damages; ‘‘(3) In addition to forwarding such reports than a law enforcement agency, to access and to those agencies designated in subsection any such visual depiction— ‘‘(C) the costs of the civil action and rea- (b)(2), the National Center for Missing and ‘‘(A) took reasonable steps to destroy each sonable fees for attorneys and expert wit- Exploited Children is authorized to forward such visual depiction; or nesses.’’. ‘‘(B) reported the matter to a law enforce- any such report to an appropriate official of a state or subdivision of a state for the pur- SEC. 12. ENHANCED PENALTIES FOR RECIDI- ment agency and afforded that agency access VISTS. pose of enforcing state criminal law.’’. to each such visual depiction. Sections 2251(d), 2252(b), and 2252A(b) of SEC. 9. CONTENTS DISCLOSURE OF STORED COM- ‘‘(f) DEFINITIONS.—For purposes of this sec- MUNICATIONS. title 18, United States Code, are amended by tion— Section 2702 of title 18, United States Code, inserting ‘‘chapter 71,’’ before ‘‘chapter ‘‘(1) the term ‘visual depiction’ includes is amended— 109A,’’ each place it appears. undeveloped film and videotape, and data (1) in subsection (b)— SEC. 13. SENTENCING ENHANCEMENTS FOR stored on a computer disk or by electronic (A) in paragraph (5), by striking ‘‘or’’ at INTERSTATE TRAVEL TO ENGAGE IN means which is capable of conversion into a SEXUAL ACT WITH A JUVENILE. the end; visual image, and also includes any photo- (B) in paragraph (6)— Pursuant to its authority under section graph, film, video, picture, digital image or (i) in subparagraph (A)(ii), by inserting 994(p) of title 18, United States Code, and in picture, computer image or picture, or com- ‘‘or’’ at the end; accordance with this section, the United puter generated image or picture, whether (ii) by striking subparagraph (B); and States Sentencing Commission shall review made or produced by electronic, mechanical, (iii) by redesignating subparagraph (C) as and, as appropriate, amend the Federal Sen- or other means; subparagraph (B); tencing Guidelines and policy statements to ‘‘(2) the term ‘sexually explicit conduct’ (C) by redesignating paragraph (6) as para- ensure that guideline penalties are adequate has the meaning given the term in section graph (7); and in cases that involve interstate travel with 2256(2); and (D) by inserting after paragraph (5) the fol- the intent to engage in a sexual act with a ‘‘(3) the term ‘graphic’, when used with re- lowing: juvenile in violation of section 2423 of title spect to a depiction of sexually explicit con- ‘‘(6) to the National Center for Missing and 18, United States Code, to deter and punish duct, means that a viewer can observe any Exploited Children, in connection with a re- such conduct. part of the genitals or pubic area of any de- port submitted under section 227 of the Vic- SEC. 14. MISCELLANEOUS PROVISIONS. picted person or animal during any part of tims of Child Abuse Act of 1990 (42 U.S.C. (a) APPOINTMENT OF TRIAL ATTORNEYS.— the time that the sexually explicit conduct 13032); or’’; and (1) IN GENERAL.—Not later than 6 months is being depicted.’’. (2) in subsection (c)— after the date of enactment of this Act, the (b) TECHNICAL AND CONFORMING AMEND- (A) in paragraph (4), by striking ‘‘or’’ at Attorney General shall appoint 25 additional MENT.—The section analysis for chapter 110 the end; trial attorneys to the Child Exploitation and of title 18, United States Code, is amended by (B) by redesignating paragraph (5) as para- Obscenity Section of the Criminal Division inserting after the item relating to section graph (6); and of the Department of Justice or to appro- 2252A the following: (C) by inserting after paragraph (4) the fol- priate U.S. Attorney’s Offices, and those ‘‘2252B. Obscene visual representations of the lowing: trial attorneys shall have as their primary sexual abuse of children.’’. ‘‘(5) to the National Center for Missing and focus, the investigation and prosecution of (c) SENTENCING GUIDELINES.— Exploited Children, in connection with a re- Federal child pornography laws. (1) CATEGORY.—Except as provided in para- port submitted under section 227 of the Vic- (2) AUTHORIZATION OF APPROPRIATIONS.— graph (2), the applicable category of offense tims of Child Abuse Act of 1990 (42 U.S.C. There are authorized to be appropriated to to be used in determining the sentencing 13032); or’’. the Department of Justice such sums as may range referred to in section 3553(a)(4) of title SEC. 10. EXTRATERRITORIAL PRODUCTION OF be necessary to carry out this subsection. 18, United States Code, with respect to any CHILD PORNOGRAPHY FOR DIS- (b) REPORT TO CONGRESSIONAL COMMIT- person convicted under section 2252B of such TRIBUTION IN THE UNITED STATES. TEES.— title, shall be the category of offenses de- Section 2251 of title 18, United States Code, (1) IN GENERAL.—Not later than 9 months scribed in section 2G2.2 of the Sentencing is amended— after the date of enactment of this Act, and Guidelines. (1) by striking ‘‘subsection (d)’’ each place every 2 years thereafter, the Attorney Gen- (2) RANGES.—The Sentencing Commission that term appears and inserting ‘‘subsection eral shall report to the Chairpersons and may promulgate guidelines specifically gov- (e)’’; Ranking Members of the Committees on the

VerDate Dec 13 2002 02:43 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.051 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2443 Judiciary of the Senate and the House of gratulated for their hard work. How- (B) be held in venues selected to maximize Representatives on the Federal enforcement ever, this is no time to pat ourselves on the capacity for attendance of the public and actions under chapter 110 of title 18, United the back. There is still work to do with the media. States Code. the other body, and I am prepared to The SPEAKER pro tempore. Pursu- (2) CONTENTS.—The report required under ant to clause 7 of rule XXII, the gen- paragraph (1) shall include— get that job done. (A) an evaluation of the prosecutions The following procedural maneuvers tleman from Virginia (Mr. SCOTT) and brought under chapter 110 of title 18, United are necessary to get us to conference the gentleman from Wisconsin (Mr. States Code; with the Senate. Many have com- SENSENBRENNER) each will control 30 (B) an outcome-based measurement of per- plained that H.R. 1104 would get bogged minutes. formance; and down with the other body. This proce- The Chair recognizes the gentleman (C) an analysis of the technology being dure ensures that we are able to expe- from Virginia (Mr. SCOTT). used by the child pornography industry. ditiously convene a conference to re- Mr. SCOTT of Virginia. Mr. Speaker, (c) SENTENCING GUIDELINES.—Pursuant to I believe the motion is self-explana- its authority under section 994(p) of title 18, solve differences between the House United States Code, and in accordance with and the Senate versions of this legisla- tory, and I would hope that it would be this section, the United States Sentencing tion. The Committee on Rules, in its adopted. Commission shall review and, as appropriate, wisdom, has crafted a rule that permits Mr. Speaker, I reserve the balance of amend the Federal Sentencing Guidelines us to expeditiously get to conference so my time. and policy statements to ensure that the that the House and Senate Committees Mr. SENSENBRENNER. Mr. Speak- guidelines are adequate to deter and punish on the Judiciary can get to work. I am er, I yield myself such time as I may conduct that involves a violation of para- ready to roll up my sleeves to make consume. graph (3)(B) or (6) of section 2252A(a) of title Mr. Speaker, I have no objection to 18, United States Code, as created by this sure this child protection legislation is Act. With respect to the guidelines for sec- on the President’s desk soon. the motion, but I hope it will not be tion 2252A(a)(3)(B), the Commission shall Mr. Speaker, this motion permits the used to slow down the proceedings of consider the relative culpability of pro- House to get to a stage of disagreement the conference so that we can expedi- moting, presenting, describing, or distrib- with the Senate so the House can con- tiously reach a conference report. uting material in violation of that section as sider the next motion I will offer re- Mr. Speaker, I yield back the balance compared with solicitation of such material. questing a conference with the other of my time. SEC. 15. AUTHORIZATION OF INTERCEPTION OF Mr. SCOTT of Virginia. Mr. Speaker, COMMUNICATIONS IN THE INVES- body. I encourage all Members to sup- TIGATION OF SEXUAL CRIMES port this motion so we can resolve our I yield back the balance of my time. AGAINST CHILDREN. differences with the other body and The SPEAKER pro tempore. The Section 2516(1)(c) of title 18, United States send to the President strong child pro- question is on the motion to instruct Code, is amended— tection legislation. offered by the gentleman from Virginia (1) by inserting ‘‘section 1591 (sex traf- Mr. Speaker, I yield back the balance (Mr. SCOTT). ficking of children by force, fraud, or coer- of my time. The motion to instruct was agreed cion),’’ after ‘‘section 1511 (obstruction of to. State or local law enforcement),’’; and The SPEAKER pro tempore. The (2) by inserting ‘‘section 2251A (selling or question is on the motion offered by A motion to reconsider was laid on buying of children), section 2252A (relating the gentleman from Wisconsin (Mr. the table. to material constituting or containing child SENSENBRENNER). APPOINTMENT OF CONFEREES pornography), section 2252B (relating to The motion was agreed to. The SPEAKER pro tempore. Without child obscenity), section 2260 (production of The Senate bill was ordered to be objection, the Chair appoints the fol- sexually explicit depictions of a minor for read a third time, was read the third lowing conferees: importation into the United States), sections From the Committee on the Judici- 2421, 2422, 2423, and 2425 (relating to transpor- time, and passed. tation for illegal sexual activity and related The SPEAKER pro tempore. Without ary, for consideration of the Senate bill crimes),’’ after ‘‘sections 2251 and 2252 (sex- objection, the title of the Senate bill is and the House amendments, and modi- ual exploitation of children),’’. amended so as to read: ‘‘To prevent fications committed to conference: SEC. 16. INVESTIGATIVE AUTHORITY RELATING child abduction and the sexual exploi- Messrs. SENSENBRENNER, COBLE, SMITH TO CHILD PORNOGRAPHY. tation of children, and for other pur- of Texas, GREEN of Wisconsin, Ms. Section 3486(a)(1)(C)(i) of title 18, United poses.’’ HART, Mr. CONYERS and Mr. SCOTT of States Code, is amended by striking ‘‘the There was no objection. Virginia. name, address’’ and all that follows through ‘‘subscriber or customer utilized,’’ and in- A motion to reconsider was laid on For consideration of the Senate bill serting ‘‘the information specified in section the table. and House amendments and modifica- 2703(c)(2)’’. A similar House bill (H.R. 1104) was tions committed to conference: Mr. SEC. 17. SEVERABILITY. laid on the table. FROST. If any provision of this Act, an amendment MOTION TO GO TO CONFERENCE There was no objection. made by this Act, or the application of such Mr. SENSENBRENNER. Mr. Speak- f provision or amendment to any person or er, pursuant to the rule, I offer a mo- circumstance is held to be unconstitutional, ANNOUNCEMENT BY COMMITTEE the remainder of this Act, the amendments tion. ON RULES REGARDING AMEND- made by this Act, and the application of the The Clerk read as follows: MENTS TO H.R. 522, FEDERAL DE- provisions of such to any person or cir- Mr. SENSENBRENNER moves that the House POSIT INSURANCE REFORM ACT cumstance shall not be affected thereby. insist on its amendments to S. 151 and re- OF 2003 MOTION OFFERED BY MR. SENSENBRENNER quest a conference with the Senate thereon. Mr. SENSENBRENNER. Mr. Speak- The motion was agreed to. Mr. DREIER. Mr. Speaker, the Com- mittee on Rules may meet next week er, pursuant to House Resolution 160, I MOTION TO INSTRUCT CONFEREES to grant a rule which could limit the offer a motion. Mr. SCOTT of Virginia. Mr. Speaker, amendment process for floor consider- The Clerk read as follows: I offer a motion to instruct conferees. ation of H.R. 522, the Federal Deposit Mr. SENSENBRENNER moves to strike all The Clerk read as follows: Insurance Reform Act of 2003. after the enacting clause of S. 151, and insert Mr. SCOTT of Virginia moves that the man- in lieu thereof the provisions of H.R. 1104 as agers on the part of the House at the con- Any Member wishing to offer an passed by the House. ference on the disagreeing votes of the two amendment should submit 55 copies of The SPEAKER pro tempore. The gen- Houses on the bill S. 151, be instructed to in- the amendment and one copy with a tleman from Wisconsin (Mr. SENSEN- sist that— brief explanation of the amendment to BRENNER) is recognized for 1 hour. (1) the committee of conference allow op- the Committee on Rules in room H–312 Mr. SENSENBRENNER. Mr. Speak- portunity for members of the committee of of the Capitol by 10 a.m. on Tuesday, conference to offer and debate amendments April 1. Members should draft their er, I yield myself such time as I may at all meetings of such conference; and consume, and I will not take a long (2) all meetings of the committee of con- amendments to the bill as ordered and time on this motion. ference— reported by the Committee on Finan- The House has worked its will on (A) be open to the public and to the print cial Services on March 13, which is ex- H.R. 1104, and Members should be con- and electronic media; and pected to file its report later today.

VerDate Dec 13 2002 02:43 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.051 H27PT1 H2444 CONGRESSIONAL RECORD — HOUSE March 27, 2003 Members are advised that the text Mr. DELAY. Mr. Speaker, I appre- tisan agreement, we too want to make should be available for their review on ciate the gentleman yielding. sure that we provide the appropriate both the Committee on Financial Serv- Mr. Speaker, the House will convene resources for our men and women in ices and the Committee on Rules Web on Monday at 12:30 p.m. for morning harm’s way to assure them that there sites by Friday, March 28. hour and 2 p.m. for legislative business. is going to be no reluctance on our part Members should use the Office of We will consider several measures to accomplish that effort. But I empha- Legislative Counsel to ensure that under suspension of the rules. A final size that my belief is that if we can their amendments are properly drafted list of those bills will be sent to Mem- reach a bipartisan agreement, and I am in the most appropriate format. Mem- bers’ offices by the end of the week. hopeful, I know the gentleman from bers are also advised to check with the Any votes called on these bills will be Florida (Mr. YOUNG) and the gentleman Office of the Parliamentarian to be cer- rolled until 6:30 p.m. on Monday. from Wisconsin (Mr. OBEY) can accom- tain their amendments comply with On Tuesday, we expect to consider plish that; and if the leadership would the Rules of the House. several additional bills under suspen- help in accomplishing that objective, I f sion of the rules, including legislation think that would be a worthy objective that will provide relief from student for our country and for this House. ANNOUNCEMENT BY THE COM- loan payments to our men and women The budget conference and conferees, MITTEE ON RULES REGARDING currently serving in the Middle East. does the gentleman know when they AMENDMENTS TO H.R. 735, THE We would also hope to go to conference will be appointed? I yield to the gen- POSTAL CIVIL SERVICE RETIRE- on the 2004 budget resolution. tleman. MENT SYSTEM FUNDING RE- For Wednesday and the balance of Mr. DELAY. Mr. Speaker, I appre- FORM ACT OF 2003 the week, we have several measures ciate the gentleman yielding. Mr. DREIER. Mr. Speaker, the Com- that we will consider under a rule. We are hoping to go to conference mittee on Rules may meet next week Those include H.R. 522, a bill to reau- and name conferees on Monday, if we to grant a rule which could limit the thorize the Federal Deposit Insurance can get the papers from the Senate. amendment process for floor consider- Program; H.R. 735, which would alter Right now we could have done it today, ation of H.R. 735, the Postal Civil Serv- the method used to calculate Postal but we are waiting for the papers to ice Retirement System Funding Re- Service contributions to the Federal come over from the other body, and form Act of 2003. Employee Pension System; and H.R. they tell us it will be very difficult to Any Member wishing to offer an 743, the Social Security Protection get those papers to us by Monday. But amendment should submit 55 copies of Act. if we can get everything straight, then the amendment and one copy with a Finally, next week, we hope to be we will go to conference on Monday. If brief explanation of the amendment to considering the Fiscal Year 2003 War not, we will have to wait until Tues- the Committee on Rules in H–312 of the Supplemental that was requested by day. Capitol by 4 p.m. on Monday, March 31. the President earlier this week. I be- Mr. HOYER. Mr. Leader, the reason I Members should draft their amend- lieve that the Committee on Appro- was looking to staff, obviously, as the ments to the bill as ordered by the priations has tentatively scheduled a gentleman well knows, if we are not Committee on Government Reform on markup of this legislation for Tuesday. going to go in until 6:30 and we will March 6. Members are advised that the Now, Members should be aware, while probably do suspension bills that night, text should be available for their re- I remain hopeful that we could con- clearly, if we go to conference, a mo- view on the Web site of the Committee sider this legislation on the floor on tion to instruct would be in order; and on Rules later today. Thursday, I know that this schedule I think it would be our intention to Members should use the Office of the would disrupt the traditional 3-day lay- offer such a motion. Legislative Counsel to make sure that over practice by the Committee on Ap- Therefore, having notice at this junc- their amendments are properly drafted propriations, but if the supplemental is ture, or I understand the gentleman’s in the most appropriate format. Mem- not available for floor consideration on not having specific knowledge of when bers are also advised to check with the Thursday, Members should be advised the papers are going to come over, but Office of the Parliamentarian to be cer- we would be in session next Friday to I might say to the gentleman that if we tain that their amendments comply consider this very important bill. can have some specificity, and appar- with the Rules of the House. I thank the gentleman for yielding. I ently Tuesday we will have the papers, f would be happy to answer any ques- the gentleman is reasonably confident, tions. perhaps we could agree that it would be LAYING ON THE TABLE H. RES. 152 Mr. HOYER. Mr. Speaker, I thank then Tuesday so that on our side we Mr. DREIER. Mr. Speaker, I ask the gentleman for his information. could plan to have the motion to which unanimous consent that House Resolu- Following up on what he said at the we would be entitled ready and avail- tion 152 be laid on the table. end of his statement, am I to under- able at that time. The SPEAKER pro tempore. Is there stand that if the supplemental is b 1400 objection to the request of the gen- passed on Thursday, it is the gentle- tleman from California? man’s expectation we will not be in Mr. DELAY. I thank the gentleman There was no objection. next Friday? for his comment, Mr. Speaker. We want to make sure that the minority pro- f Mr. DELAY. Mr. Speaker, if the gen- tleman will yield, the gentleman is tects their rights and reserves their ANNOUNCEMENT BY THE SPEAKER correct. If we can get the supplemental rights to proceed to a motion to in- PRO TEMPORE passed by the House by Thursday, we struct. The SPEAKER pro tempore. The would not be in on Friday. But Mem- My assumption is that we will have Chair announces the judicial conferees bers need to be advised that the Presi- what we need to go to conference on on S. 151 may be announced later. dent has asked the bipartisan leader- the floor of this House no later than f ship to try to get the supplemental to Tuesday, and we have every anticipa- his desk before the Easter break, and tion that we will be going to con- LEGISLATIVE PROGRAM we have to get it done next week in ference on Tuesday, but we would like (Mr. HOYER asked and was given order to accomplish that. to go a day earlier. As the gentleman permission to address the House for 1 Mr. HOYER. Mr. Speaker, I thank knows, there is a lot of legislation we minute.) the gentleman for his comments. would like to do in the next 2 weeks, Mr. HOYER. Mr. Speaker, I take this I would say to the distinguished ma- and floor time is at a premium. time for the purpose of inquiring of the jority leader, having talked to the Mr. HOYER. Reclaiming my time, schedule of the distinguished majority ranking member and former chairman Mr. Speaker, I appreciate the gentle- leader, the gentleman from Texas (Mr. of the Committee on Appropriations, man’s view. I share that view. We want DELAY), and I yield to the majority the gentleman from Wisconsin (Mr. to try to get this done. I am going to leader. OBEY), I think if we can reach a bipar- ask him about the week following.

VerDate Dec 13 2002 02:43 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.076 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2445 I understand floor time is at a pre- floor? Is it going to be next week or the that it can, and I know I speak for the mium, but we are not going to meet, week after? gentlewoman from California (Mrs. apparently, on Friday if we get the Mr. DELAY. If the gentleman will CAPPS), she is hopeful that it can, and supplemental done in a timely fashion, yield, Mr. Speaker, the gentleman is I think I speak for the gentleman from so we are not going to be using that correct, the Committee on the Judici- Michigan (Mr. DINGELL) and the gen- time. ary reported this legislation out early tleman from Louisiana (Mr. TAUZIN) as My only point is that if we do not this week. We would like to consider well, that they would like to reach know until Monday at noontime or this bill in the very near future, but, as agreement; but if agreement cannot be Monday at 10 o’clock, it makes it more I mentioned earlier, over the next 2 reached, I would urge the majority difficult for us. Frankly, I think it weeks floor time is going to be at very leader to bring this bill to the floor would be appropriate if the gentleman much a premium. We would like to do with the procedure that allows for al- could perhaps agree that this will be on it, but it looks like in trying to assess ternative proposals to be considered by Tuesday, because he is not sure it is what the needs of the House are for the the whole House. going to get over on Monday. I think next 2 weeks we are not going to be Mr. DELAY. If the gentleman will that puts us in a little better shape. able to get to this bill before the continue to yield, Mr. Speaker, I do un- Mr. DELAY. If the gentleman will Easter break. It is more likely that we derstand his concerns. We are working continue to yield, Mr. Speaker, we will will consider the bill in May. very, very hard on this bill. I think we inform the leadership of the minority Mr. HOYER. I thank the gentleman can bring this bill to the floor. It is as soon as we know. We are urging the for that response. needed. other body to move quickly, and we The smallpox vaccination compensa- Frankly, we have been working on it will keep the leadership of the minor- tion bill, I know there are ongoing dis- for way too long. It should have been ity informed at every step of this proc- cussions. It is my understanding, from passed weeks ago. I have every con- ess so their side will have plenty of no- what I have heard the gentleman say, fidence that we can bring a bill to the tice. Hopefully, we will have this deci- that the expectation is that is not floor that will get an overwhelming sion done by tomorrow, and the gen- going to be on the calendar next week. vote by this House. tleman will have plenty of time to do Mr. DELAY. If the gentleman will his planning. yield, Mr. Speaker, he may remember Mr. HOYER. Reclaiming my time, Mr. HOYER. I thank the gentleman, that last week during our discussion I Mr. Speaker, I thank the gentleman for Mr. Speaker. mentioned that we are trying to move his comments. We all agree that this Reclaiming my time again, Mr. forward on a product under a very tight bill is needed. We also all know that Speaker, and I do not want to beat this time frame that all Members could the President’s expectation of the num- dead horse too badly, but on Monday support. We really would like to see ber of people who would have gotten my presumption is that the only votes this bill come to the floor in a bipar- the smallpox vaccination at this point at 6:30 are suspension votes; is that cor- tisan way. in time, particularly as it relates to rect? I understand the gentleman from first responders, nurses, police, emer- Mr. DELAY. If the gentleman will Louisiana (Chairman TAUZIN) and the gency medical technicians, would have continue to yield, that is correct, un- ranking member, the gentleman from been far higher than it has been to less we try to go to conference on the Michigan (Mr. DINGELL), have had date, so we are trying to facilitate budget. We would have a motion to in- daily, if not hourly, discussions on this that. struct. legislation and at times have become Clearly, the passage of this bill would Mr. HOYER. Would we do that subse- very close to a compromise that all be facilitated by having a bipartisan quent to the vote on the suspensions, Members could likely support. The bill agreement that will not be conten- or in the afternoon? Obviously, the was pulled from consideration this tious. But of course, as the gentleman problem with the afternoon is most week primarily because the interested knows, at the nub of this issue is how Members, as the gentleman knows, parties believe that the differences on substantively we can accomplish the come back in time for the vote, Mem- the issues are minimal now and that objective of getting as many of our bers flying from the West Coast. So more time could in fact yield a reason- nurses and police and emergency re- there are those complications. able compromise. sponse personnel to voluntarily partici- Would the gentleman inform me as to I would just note for the gentleman pate in this vaccination process. what the intent would be, either before that this is a relatively small author- So, again, I would urge the gen- the 6:30 suspension votes or after? ization for a fund that would serve a tleman, if we cannot reach agreement, Mr. DELAY. If the gentleman will very targeted community, and usually let the floor consider alternatives and yield, Mr. Speaker, I would suspect the House considers legislation of this let them decide, the floor, the Members that certainly, with the gentleman’s nature under suspensions of the rules. I of this House, as to what procedures agreement, that we could start the would hope that we could bring this and process and compensation will best process around 5 or 5:30 and wait on the bill under suspension as soon as pos- facilitate that end. I thank the gen- votes until we have finished voting on sible. tleman for his comments. the suspensions; or we could start the Mr. HOYER. Reclaiming my time, Lastly, Mr. Speaker, I would ask the debate on the motion to instruct after Mr. Speaker, I would ask the leader, leader, regarding the tax bill, I know the vote on the suspensions. We will be and we have had this discussion before, the gentleman mentioned it, but when glad to work with the gentleman on we are all hopeful, I think, that the does he anticipate that coming to the how we do that, whatever is most con- discussions between the gentleman floor? venient to the Members. from Louisiana (Mr. TAUZIN) and the Mr. HOYER. Reclaiming my time, gentleman from Michigan (Mr. DIN- Mr. DELAY. If the gentleman will Mr. Speaker, I thank the gentleman. GELL) and the gentlewoman from Cali- continue to yield, Mr. Speaker, the We will discuss this with the gen- fornia (Mrs. CAPPS), who is on the gentleman knows we are sort of at the tleman from South Carolina (Mr. floor, who has been such a leader in mercy of the other body. The quicker SPRATT), the ranking member. I am this legislation, and others on the gen- we can complete a conference report on sure the gentleman will want to dis- tleman’s side of the aisle could come the budget, the quicker we can move cuss it with the gentleman from Iowa and reach agreement. the economic growth package. We are (Mr. NUSSLE) as well. Hopefully, we can However, if an agreement could not working as hard as we can to convince reach an agreement so all Members can be reached, the problem is with the the Committee on the Budget, the be accommodated to participate in Suspension Calendar that it allows no budget committees of both houses, to that important debate. amendments and therefore allows of no work through the weekend, work all Mr. Leader, the partial birth abor- alternative possibilities to be consid- through next week, so we can bring the tion bill, I understand that was marked ered by the whole House. conference report to the floor. up yesterday. Does the gentleman We would hope that if this matter If that happens, then we know what know when that will be coming to the cannot be resolved, and we are hopeful we have to deal with; and I would hope

VerDate Dec 13 2002 02:43 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.079 H27PT1 H2446 CONGRESSIONAL RECORD — HOUSE March 27, 2003 that this House could bring the eco- him in defending family, freedom, and In 1985 Jim was elected to the North Caro- nomic growth and jobs creation pack- country. lina House of Representatives, where he age to the floor before the Easter Today we send our greatest sym- served one two-year term before being elected break. pathy to the Garibay family. May to the North Carolina Senate in the Senate Mr. HOYER. I thank the gentleman God’s love and the gratitude of our Na- District I previously represented. He served for his comments, Mr. Speaker. tion comfort them and comfort the four terms in the state Senate before his re- families of all of our fallen heroes. f tirement in 1994. With strong, bi-partisan en- f couragement, Jim ran for and was elected to ADJOURNMENT TO MONDAY, the Mecklenburg County Commission where MARCH 31, 2003 JIM RICHARDSON POST OFFICE DESIGNATION IN CHARLOTTE, he served six years. There are few people I Mr. DELAY. Mr. Speaker, I ask unan- NORTH CAROLINA know in North Carolina who enjoy the kind of imous consent that when the House ad- bi-partisan admiration Jim has that I believe journs today, it adjourn to meet at (Mr. WATT asked and was given per- results from his affable demeanor, willingness 12:30 p.m. on Monday, March 31, for mission to address the House for 1 to work on issues across party lines and will- morning hour debates. minute and to revise and extend his re- ingness to vote his convictions without regard The SPEAKER pro tempore (Mr. marks.) to partisan expectations. Mr. WATT. Mr. Speaker, later today, SIMPSON). Is there objection to the re- I hope this House will join me by honoring with the bipartisan unanimous support quest of the gentleman from Texas? Jim Richardson for his civility and for his role of the members of the North Carolina There was no objection. as a true American patriot, a great communi- delegation, I will be dropping a bill to cator and a tireless voice for the voice-less. f rename the United States Post Office f DISPENSING WITH CALENDAR at 2127 Beatties Ford Road in Char- WEDNESDAY BUSINESS ON lotte, North Carolina, in honor of Jim SPECIAL ORDERS WEDNESDAY NEXT Richardson, one of my constituents. The SPEAKER pro tempore (Mr. James Franklin Richardson, Sr., BRADLEY of New Hampshire). Under the Mr. DELAY. Mr. Speaker, I ask unan- known by most people simply as Jim, imous consent that the business in Speaker’s announced policy of January was born in 1926 in Charlotte. In 1949, 7, 2003, and under a previous order of order under the Calendar Wednesday Jim began a 33-year career with the rule be dispensed with on Wednesday the House, the following Members will United States Postal Service. During be recognized for 5 minutes each. next. his 33-year career, Jim had numerous The SPEAKER pro tempore. Is there positions, including Postal Service f objection to the request of the gen- Clerk in the Charlotte Post Office and The SPEAKER pro tempore. Under a tleman from Texas? Railway Postal Service Worker. He previous order of the House, the gen- There was no objection. subsequently held a number of super- tleman from Indiana (Mr. BURTON) is f visory positions and retired as the U.S. recognized for 5 minutes. Postmaster in Mt. Holly, North Caro- (Mr. BURTON of Indiana addressed PAYING HOMAGE TO CORPORAL lina, receiving a certificate of apprecia- the House. His remarks will appear JOSE ANGEL GARIBAY, AN tion from the U.S. Postal Service. hereafter in the Extensions of Re- AMERICAN HERO I honor him today and will drop this marks.) (Mr. ROHRABACHER asked and was bill. I ask for support from my col- f given permission to address the House leagues. ORDER OF BUSINESS for 1 minute and to revise and extend Mr. Speaker, I rise today to honor Jim Rich- his remarks.) ardson, a man who has dedicated a lifetime to Mr. CARDOZA. Mr. Speaker, I ask Mr. ROHRABACHER. Mr. Speaker, I making the world around him a better place. unanimous consent to proceed with my rise today to pay homage and respect As a lasting tribute to Jim’s dedication to his special order at this time. to Corporal Jose Angel Garibay, a 21- country, his community and to the State of The SPEAKER pro tempore. Is there year-old Marine killed in action in Iraq North Carolina I will shortly introduce legisla- objection to the request of the gen- a few days ago. tion to designate the United States Post Office tleman from California? Jose Garibay was a proud American at 2127 Beatties Ford Road in Charlotte, North There was no objection. of Mexican American descent. He is Carolina as the ‘‘Jim Richardson Post Office.’’ f now an American hero. He was born in Mr. James Franklin Richardson, Sr., known Jalisco, Mexico. His family moved to by most people simply as ‘‘Jim,’’ was born on THE LACK OF FEDERAL RE- California while he was still a baby. May 20, 1926 in Charlotte, North Carolina. He SOURCES ALLOCATED TO LOCAL Like almost all Americans, his family grew up in Charlotte where he attended Isa- LAW ENFORCEMENT, AMERICA’S came here seeking opportunity and bella Wyche Elementary and graduated from FRONT LINE IN THE WAR ON freedom. Second Ward High. Jim served in the United TERRORISM Corporal Garibay grew up in Costa States Navy during World War II and, fol- The SPEAKER pro tempore. Under a Mesa, California. He exemplified what lowing an honorable discharge, attended previous order of the House, the gen- anyone would call an all-American kid. Johnson C. Smith University, where he grad- tleman from California (Mr. CARDOZA) He was a source of joy and pride to his uated in 1949 with a Bachelor of Science de- is recognized for 5 minutes. family. He was a star football player on gree in Physical Education and General Mr. CARDOZA. Mr. Speaker, I rise the Newport Harbor High School foot- Science. today to address the lack of Federal re- ball team; and he joined the Marines 3 In 1949 Jim began a 33-year career with the sources being allocated to local law en- years ago, shortly after graduating United States Postal Service. During his 33- forcement officials, our front line in from high school. year career. Jim held numerous positions with- our war on terrorism. He was a loving son to his mother, in the Postal Service, including serving as Several weeks ago, I sent out an e- Simona; and he had hoped to use his Postal Service Clerk in the Charlotte Post Of- mail asking first responders from my military pay to help his mother buy a fice and later as a clerk with the Railway Post- district to attend a brown bag lunch to house. He put his own family first and al Service, where he served on many train discuss the challenges they face. With foremost in his life, and through his routes. When mail routes on trains were elimi- less than 24 hours’ notice, nearly 60 law sacrifice for our Nation in this war nated, Jim returned to the Charlotte Post Of- enforcement officials and fire profes- against tyranny and terrorism he fice and held a number of supervisory posi- sionals changed their schedules and at- proved that love of country and love of tions. He served the last eight years of his tended this meeting. family are inseparably linked. tenure as U.S. Postmaster in Mt. Holly, North While in nearly every case they sup- Corporal Garibay, his supreme sac- Carolina and received a Certificate of Appre- port the administration’s efforts on rifice will not be forgotten. He will be ciation from the United States Postal Service terrorism, as do I, to an individual remembered alongside the many brave in Recognition of Exceptional Performance in they were disappointed in the lack of American heroes who have gone before the Interest of Improved Postal Service. resources provided by their Federal

VerDate Dec 13 2002 04:34 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.080 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2447 Government. These men and women Sheriff Weidman recently held a developing good trade policy, and she are made of the same mettle as the news conference where he uncovered a has been involved in every major trade first responders who were on the scene link between drug production and ter- initiative over the last 20 years. September 11 in New York City and in rorist groups. Mr. Speaker, this is a Most recently, she was a key player Washington, D.C., but they need the disturbing turn of events. He an- in granting the President Trade Pro- tools to do their jobs. They have com- nounced that millions of dollars of motion Authority, according pref- munication systems that are woefully profits from drug deals had been di- erential trade benefits to the Carib- inadequate for the jobs they need to do. verted to Middle Eastern terrorist or- bean, African and Andean countries, b 1415 ganizations. While his efforts are laud- and extending permanent normal trade able, his small force of 450 officers is relations to China. Trade initiatives Fire and police are unable to commu- barely enough to do the job. such as these are good for spurring U.S. nicate on the same radios. Regrettably, No matter how dedicated they are, economic growth but also to help fos- the supplemental the administration without adequate tools they will not be ter a world that trades in freedom and just sent over does not address these able to get the job done alone. In fact, lives in liberty and prosperity. needs. While it provides overall in- Sheriff Weidman recently told me that Ms. Broadbent’s wise counsel, sound creases for homeland security, it con- his department cannot afford the most judgment, and thorough expertise will tains no funds to provide interoperable basic protective gear for his deputies be truly missed. I am glad that she will communication equipment so that po- because of the cost. Only 35 out of the continue to serve her country in the lice, firefighters and emergency work- 450 officers that he has on duty have international trade arena as Assistant ers can talk to one another during an been issued protective kits against the emergency. United States Trade Representative for I am hopeful that these concerns are use of chemical or biological weapons. Industry, Market Access and Tele- addressed as the debate on the supple- Addressing the threats posed by ter- communications. She will be a tremen- mental bill progresses. Our first re- rorism is a Federal issue with national dous asset to the Bush administration, sponders must have enhanced commu- implications, but dealing with the im- and I wish her well. nications equipment to respond ade- mediate effects of a terrorist attack Moreover, I know as chairman of the quately to emergencies. If police, fire- will most likely be performed by local Subcommittee on Trade that I will still fighters and other first responders are law enforcement officers and other have the privilege of working with unable to communicate with each first responders. What sort of message Meredith as our Assistant United other, lives will be lost due to lack of is the Federal Government sending to States Trade Representative. God bless coordination; and that simply should the local men and women on the front her. lines in our home districts if we cannot not happen. f even provide them with the basic tools Let me also say that I am sympa- The SPEAKER pro tempore. Under a and resources necessary to carry out thetic to the needs of our big cities, es- previous order of the House, the gen- the most pressing national concern? pecially those that have suffered from tleman from Maryland (Mr. CUMMINGS) I would submit today that we are not terrorist attacks in the past. We should is recognized for 5 minutes. doing nearly enough, Mr. Speaker. As work together to make certain that (Mr. CUMMINGS addressed the we move forward this year and in this law enforcement and other first re- House. His remarks will appear here- session of Congress, I hope we can work sponders in those cities have the re- after in the Extensions of Remarks.) sources they need to respond to future together to provide our law enforce- threats and attacks. ment officials with the resources they f At the same time, we should not ne- need to protect our communities. This REMOVE COLOMBIA FROM THE glect the needs of first responders in is not, nor should it be, a partisan SUPPLEMENTAL smaller communities. Let us not for- issue. get, the second largest act of terrorism I have been pleased to meet with a The SPEAKER pro tempore. Under a committed in the United States soil oc- number of administration officials previous order of the House, the gen- curred in Oklahoma City, which did since taking office, and I am impressed tleman from Massachusetts (Mr. not rank high on any list of targets with the level of commitment and dedi- MCGOVERN) is recognized for 5 minutes. that we have seen recently. cation they place in protecting our Mr. MCGOVERN. Mr. Speaker, we are Quite simply, acts of terrorism, by homeland; but when local law enforce- facing the first supplemental spending either domestic or international ment officials tell me that communica- request to fund the war in Iraq and its sources can occur anywhere at any tions capability is locally inadequate, aftermath and to partially support time, and our local first responders it is clear to me that we must do more. critical needs for our own homeland se- must have the tools necessary to re- Working together, I am confident curity. I expect we will be taking up spond. that we can, in fact, do this. If we that debate as early as next week. In my district, preparing for poten- mean what we say about providing I believe it is important that this tial attack also means recognizing the homeland security for our Nation, we Congress is finally beginning to debate threat posed by agriterrorism or the must start by providing support to our the costs and the consequences of this use of disease or outbreak to cripple local first responders. war and how it will affect our home- land security, something we have failed the agricultural industry. As we have f seen with the outbreak of bovine TB, to do for the last 5 months. exotic Newcastle disease, the introduc- COMMENDATION FOR MEREDITH However, as I read the fine print of tion of an organism that can be dev- BROADBENT the administration’s request, I see ad- astating to the industry and a threat The SPEAKER pro tempore (Mr. ditional military assistance for Colom- to the Nation’s food supply. BRADLEY of New Hampshire). Under a bia. What is Colombia doing in a sup- To further highlight the challenge previous order of the House, the gen- plemental for the war in Iraq? There is facing our first responders, I want to tleman from Illinois (Mr. CRANE) is rec- a request for $34 million in military aid focus on one of the local law enforce- ognized for 5 minutes. for Colombia in the section for the De- ment agencies in my district, the sher- Mr. CRANE. Mr. Speaker, I would partment of Defense/operations and iff’s department in Stanislaus County. like to commend a valuable member of maintenance to ‘‘increase the oper- I recently spoke with our sheriff, Les my staff, a treasure who has served the ational tempo for the unified campaign Weidman, who has got his hands full, Committee on Ways and Means for over against narcotics trafficking and ter- not only dealing with the threat posed 20 years. Meredith Broadbent, who rorist activities.’’ by future terrorist attacks but also serves as senior professional staff There is another $34 million in mili- trying to deal with the methamphet- member to our Subcommittee on tary aid for Colombia in the State De- amine crisis in California’s central val- Trade, is a noted expert in all areas of partment section, and there is an un- ley. Like sheriffs across the country, trade policy but especially agriculture specified amount for Colombia under Sheriff Weidman has seen a dramatic and textiles, two of the most complex the international assistance programs/ increase in meth labs in our area. areas. She has committed her career to international security assistance for

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.085 H27PT1 H2448 CONGRESSIONAL RECORD — HOUSE March 27, 2003 foreign military financing, and it is my staff. I was also in Colombia 2 years feel the Members of this House should understanding that the State Depart- ago, and the difference is striking. think about. ment officials have informed some Sadly, Mr. Speaker, today the human The BBC carried a story on March 27 committee staff that Colombia’s share rights situation is worse. The violence saying that there was proof of biologi- of those funds will be around 36 to $37 has increased. There is less political cal weapons found. They found protec- million. space for people to organize, speak out tion suits, gas masks; and officials ar- All told, that is another $100 million or voice alternatives to official policy. gued that these precautions were not in additional military aid for Colom- The country is increasingly milita- to counter the threat of coalition at- bia. Mr. Speaker, that is more money rized; and there is little support for tacks, as the Iraqis would know that than the State of Massachusetts will basic economic development, unless it the United Kingdom and U.S. forces in receive under the supplemental for comes from other countries or the U.N. the gulf do not possess chemical and bi- critical homeland security priorities. The 40-year-old civil war in Colombia ological weapons. It is more than most States will re- is dirtier and uglier than ever and Mr. Hoon, who is the Secretary in the ceive. shows no signs of ending anytime soon. British Government, conceded that the In Massachusetts, communities are The nature of the U.S. role in that war discovery of the suits was obviously laying off police, firefighters, and other has changed. We are now more deeply not conclusive proof that Iraqi forces emergency first responders. Dozens of involved in a counterinsurgency than were set to use chemical or biological our cities and towns have critical va- ever before. Americans have died and weapons, but he added, ‘‘It’s clearly in- cancies because many of our local po- are being held hostage by guerrilla dicative of an intention, otherwise why lice, our State police, our sheriffs, fire- forces. The Colombian military con- equip his own forces to deal with a fighters, and medical staff have been tinues to work with awful right-wing threat which he knows we do not called to active duty and are right now paramilitary forces. have?’’ serving in Iraq. Mr. Speaker, I do not want to see I just received an e-mail message I have been told that there is just not American men and women dying in a from one of my friends in the British enough money to help places like war in Colombia where the Colombian House of Lords who said to me there Seekonk or Worcester or Southborough military is still reluctant to engage di- was a news story on the BBC this fill these critical vacancies to keep our rectly insurgent and paramilitary morning about the U.S. administration families safe; but apparently there is forces. I think it is a mistake for the saying they may be prepared to use plenty of cash for Colombia. United States to escalate its military nonlethal chemical weapons in Iraq in Mr. Speaker, there is nothing that involvement in Colombia. an urban situation where it would be Colombia needs that cannot be handled Some of my colleagues may disagree, preferable to stun people rather than through the regular authorization and but at the very least, this escalation kill them. Now I do not know how we appropriations process. Indeed, just deserves a full debate. We must not put those two stories together. We last month on February 12, this Con- allow such a dramatic increase in our think the Iraqis are getting ready to do gress approved over $500 million for Co- military involvement to pass without something; but the BBC, the very lombia for fiscal year 2003, $400 million comment and votes. Congress must as- same, carries the story which we will for the Andean Counterdrug Initiative, sert its proper role. never find in an American newspaper and another $99 million in foreign mili- Withdraw the requests for Colombia or on American television that we are tary financing. in this supplemental. Put that money talking about using chemical weapons. For fiscal year 2004, the President to better use by supporting our police My correspondent went on to say this has asked for more than $700 million and firefighters here at home. would be illegal; they are very nasty for Colombia in the foreign operations f substances and can kill children. They and defense appropriations bills. Those The SPEAKER pro tempore. Under a would be effective against military bills will begin moving through sub- previous order of the House, the gen- forces equipped with even rudimentary committee shortly after Congress re- tleman from Michigan (Mr. MCCOTTER) gas masks. I am sure my colleagues turns from our April recess. is recognized for 5 minutes. will be speaking out against such a U.S. military and other aid for Co- (Mr. MCCOTTER addressed the thing. However, it might help them to lombia has been approved and is in the House. His remarks will appear here- know that I am hoping to ask our gov- spending pipeline ready to go. On Mon- after in the Extensions of Remarks.) ernment what action they would take day, when he sent up the supplemental f in such a situation. request, President Bush asked the Con- The SPEAKER pro tempore. Under a b 1430 gress ‘‘to refrain from attaching items previous order of the House, the gen- not directly related to the emergency ‘‘My party will certainly call for the tleman from Rhode Island (Mr. KEN- at hand.’’ U.K. troops to cease work with Amer- NEDY) is recognized for 5 minutes. Mr. Speaker, Colombia falls into that (Mr. KENNEDY of Rhode Island ad- ican forces if they use illegal chemical category. These requests for Colombia dressed the House. His remarks will ap- weapons, even nonlethal ones. If it hap- are unrelated to the needs of our troops pear hereafter in the Extensions of Re- pens during the Easter recess, we and our missions in Iraq and South marks.) would call for a recall of Parliament to Asia and unrelated to meeting the debate it.’’ needs of our own homeland security; f Mr. Speaker, I bring this to the floor and I call upon the administration to ORDER OF BUSINESS because the media in this country has withdraw the request for Colombia Mr. MCDERMOTT. Mr. Speaker, I ask done a terrible job reporting the war. from this supplemental, and if that unanimous consent to take my special They give us one side, they are all em- fails to happen, I ask the Committee on order at this time. bedded inside our military, and they Appropriations to eliminate those re- The SPEAKER pro tempore. Is there get whatever they are supposed to put quests and shift those resources to help objection to the request of the gen- out about what is going on. They are our States and our communities meet tleman from Washington? not looking broadly across the horizon critical hometown security priorities. There was no objection. at what is happening. Mr. Speaker, I was in Colombia in The Washington Post carried a story f February. I traveled to several sites today that the American people are so throughout the country. I met with USE OF CHEMICAL WEAPONS dissatisfied with the American press local military commanders, religious The SPEAKER pro tempore. Under a that the number one hit on the Inter- leaders, governors, mayors, labor lead- previous order of the House, the gen- net is Al Jazeera, a Qatar television ers, school teachers, displaced families, tleman from Washington (Mr. station that provides another point of indigenous peoples, Afro-Colombians, MCDERMOTT) is recognized for 5 min- view. Americans are trying to find out lawyers, the magistrates of the con- utes. what the truth is. stitutional court, members of the Co- Mr. MCDERMOTT. Mr. Speaker, I Mr. Speaker, I do not know, I cannot lombia Government and U.S. embassy come to the floor with an issue that I make head nor tail out of this. I looked

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.089 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2449 quickly to see if I could find the story, anthrax. I can assure the gentleman Macedonia, Nicaragua, the Philippines, but it is not written in the BBC. I have that the United States has no intention Romania. It is not just the United no reason to believe that my cor- of using ricin, nerve gas, anthrax or States. It is the United States and the respondent would not tell me the those types of weapons. British who are leading the cause, but truth. I believe this Congress should I think it is entirely appropriate, if they have lots of support throughout look into this issue. we enter into urban combat, which we this world. And when Jacques Chirac If we are going to start a war in have to expect is going to happen, if we speaks about Europe, he ought to be which we are going after a country and have an opportunity, primarily because more careful. we say they have weapons of mass de- the civilian population is in a par- It is such a sad case in our history struction, we know it, but we have not ticular facility, if we can use tear gas that a long-time alliance and friend- found any, and now the story comes instead of putting a mortar into the ship with our old friends in France and out that we are getting ready to use building, maybe we ought to use tear Germany has been so denigrated by po- them. Remember what happened in gas. litical leaders in Germany and France Moscow when the Chechnyan rebels But for people from foreign countries who are seizing upon popular opinion took over that theater with all those to stand up and say the United States to use the United States as a vehicle to people in there, and the Russian Army is using gas, they will be disappointed bash to continue to increase their rat- used a nonlethal chemical weapon to to find out the type of gas, and I do not ings in the popularity policy. This alli- stun the people, and they had several know whether it would be used or not, ance and this relationship we have had hundred die? The question is, are we but I think it would make sense to use over there has gone way too many prepared to use those on civilians in tear gas if we can disarm and minimize years for it to be trashed by Chancellor Schmidt in Germany and Chirac over Iraq or how do we keep it only on the our casualties towards civilians. Keep in France, but they have done a pretty military and not on the civilians? in mind the United States has done an incredible job on minimizing casualties successful job of doing it. When gas is spread, it goes around, and I can tell Members in my opinion we people breathe it. on civilians. It is interesting to note that the would not be engaged in military com- The United States Congress should be bat today had the French and the Ger- made aware of this. I do not go to the Iraqis care less about their people be- cause they are willing to use their peo- mans, or had the French and the Ger- secret briefings because I want to be mans initially in 1992, in 1993, in 1994, ple as human shields than we care able to talk out here about what I hear in 1995, in 1996, in fact, after the Iraqis about their people. The United States in the general public. I do not think gassed 60,000 of their own people, and cares enough about their people that that they will tell Members in a secret not with the type of gas like the gen- on many occasions we will not return briefing whether they will use it, but tleman from Washington (Mr. fire because of the Iraqi citizen that is Congress should demand from the peo- MCDERMOTT) was talking about, tear being used as a human shield, but not ple in the war department and the gas and so on, gassed them with ricin. on all occasions. They should not de- White House as to whether or not they They killed 60,000. But what did the pend on that working every time. They intend to use any kind of nonlethal French and the Germans do? Negotiate, think less of their citizens because chemical weapons. Are they talking negotiate, negotiate. Let us have meet- about tear gas? What are they talking they will use them as a shield. We ing, after meeting, after meeting; reso- about? We do not want to be a part of think more of their citizens because we lution, after resolution, after resolu- doing the very thing that we accuse do not want citizen casualties. tion. Had the French and the Germans I listened today to some comments the Iraqis of. and the country of Belgium, had they from some of my colleagues, and there f decided to get tough back in 1992 or are two things that I want to correct. The SPEAKER pro tempore (Mr. any of those other years, we would not One, this is the United States against BRADLEY of New Hampshire). Under a be where we are today. Iraq; and two, Europe is opposed to previous order of the House, the gentle- I note that my colleague says the this. woman from Indiana (Ms. CARSON) is United States started this war. This In fact, if we look at Europe, Mem- war was started back in 1991 when Iraq recognized for 5 minutes. bers will find that Jacques Chirac likes (Ms. CARSON of Indiana addressed the continually defied the world’s demand to pronounce that France is Europe. that he disarm those weapons of mass House. Her remarks will appear here- France is not Europe. France is a part after in the Extensions of Remarks.) destruction. of Europe. It is not Europe. There is not a country in the world, f Jacques Chirac likes to play like he including the French, by the way, in- The SPEAKER pro tempore. Under a is the king of the kingdom of Europe. cluding Germany, there is not a nation previous order of the House, the gen- Europe has many different countries, in the world that denies that Saddam tleman from Oregon (Mr. DEFAZIO) is and most of those countries in Europe Hussein has these weapons or denies recognized for 5 minutes. support the United States of America. that he is a wicked guy. But there are (Mr. DEFAZIO addressed the House. The United States of America is not a lot of them that want to do every- His remarks will appear hereafter in acting alone in this action. The United thing they can to get rid of Saddam the Extensions of Remarks.) States of America, in fact, has more al- Hussein except fight him. That is f lies in this action than we had during where the French fall in place. the entire first Persian Gulf War, not THE WAR IN IRAQ I think it is important for our popu- less, more. And on the European con- lation to understand, I think it is very The SPEAKER pro tempore. Under tinent, look at the countries that are important that there are lots of other the Speaker’s announced policy of Jan- supporting the United States. reasons that Jacques Chirac and Chan- uary 7, 2003, the gentleman from Colo- First, perhaps it is more appropriate cellor Schmidt over in Germany are rado (Mr. MCINNIS) is recognized for 60 to look at the countries that are oppos- taking on this anti-U.S. attitude and minutes as the designee of the major- ing the United States. There are six, feeding the frenzy to hate America. ity leader. three of them being in Europe: France, Once this gets resolved, take a look Mr. MCINNIS. Mr. Speaker, I listened Germany, and Belgium. at how many contracts the French to the previous speaker, and I am curi- Now look at the countries that are have with the Iraqis, business con- ous if the gentleman’s preference is supporting the United States. The Brit- tracts. Mr. Speaker, do you know who tear gas or bullets. I think it is a fair ish, the strongest ally we have had in a approved the building of a nuclear request that it be disclosed, what kind long time, the Italians, the Spanish, plant in Iraq years ago, and the build- of gas or what kind of chemical might the Polish, the Hungarians, the Dutch. ing of a nuclear plant that was justi- be used, but I think it is somewhat of I can give Members generally the coun- fied because they needed it for energy an exaggeration to say the United tries, Afghanistan, Albania, Australia, in the country that has the second States is going to use chemicals like Colombia, the Czech Republic, El Sal- largest oil reserves in the world? those which Iraq possesses, and those vador, Estonia, Ethiopia, Georgia, Ice- Jacques Chirac approved it when he are chemicals like nerve gas, ricin, and land, Japan, South Korea, Lithuania, was prime minister.

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.093 H27PT1 H2450 CONGRESSIONAL RECORD — HOUSE March 27, 2003 Take a look at the history that we II, the 173rd Airborne Brigade, the Sky the French and the Germans, I wanted have connected with this, and we will Soldiers, under the command of Colo- to move from that and talk a little find out how inherent these conflicts nel William Mayfield, had accom- about some of the people out of Holly- are. How interesting that Jacques plished their mission. wood, for example, some of the pro- Chirac and Chancellor Schmidt are now Mr. Speaker, I am proud of all of our testers who in my opinion are spending saying we ought to be the ones that let men and women fighting for freedom more time supporting Saddam Hussein our contractors go in and rebuild Iraq around the clock today in Iraq, but than they are the President of our own after this conflict is over. Their deci- there is no question I do feel a special country. I want to talk about casual- sion has a lot less to do with true dis- kinship and bond with the Sky Soldiers ties, and I want to just read some let- agreements of substance with the and a keen sense of pride in their con- ters that I have gotten in the last few United States and a whole lot more to tributions during this ongoing military days from parents of some of our brave do with business agreements and busi- campaign. I feel this way, Mr. Speaker, men and women that are over there. ness contracts and oil. because I too served with the 173rd Bri- Keep in mind that when we talk Let me say something about the oil gade during the Vietnam War. about the military forces, we should re- situation. Many people talk about this Since it was originally constituted in member that the military forces that is all about oil. It is about oil, but it is 1917 as an infantry brigade and an ele- are making this happen, that are pro- not about oil for the United States of ment of the 87th Division, the 173rd tecting this country, that are pro- America. If it was about oil for the Airborne Brigade has compiled a proud viding the United States of America United States or the British, the easi- history of wartime accomplishment with the security and frankly with our est thing for us to do, and we could do and distinction. During World War II, liberty and as the former Senator Thompson said today, it is the brave it in 24 hours, is to lift the sanctions, the Headquarters Company of the 173rd soldier who has allowed us, it is the take off the economic sanctions. Infantry Brigade fought in three Euro- brave who have allowed us to be a I will tell what oil it is about. It is pean campaigns as the 87th Reconnais- country of the free. What I want to about oil for the French. The French sance Troop. The troop reverted to Re- point out is throughout this country, have below-market, large contracts for serve status after war, but in 1963 it today, in the United States there are oil resources from Iraq. That is what it was allotted to the Army and activated lots of military people involved in on Okinawa as the 173rd Airborne Bri- is. If we want to talk about oil, we had planning, lots of people involved in lo- gade under the command of Brigadier better look at the French. gistics. In fact, last night just visiting I happen to think that once we are General Ellis Williamson. While train- with one of my colleagues, I said, look, ing extensively to make mass para- successful in taking out this regime somewhere out there in the logistical chute jumps, the brigade earned the and we are rebuilding Iraq, and the oil divisions of our armed services, some- that is for the people of Iraq and owned nickname of Sky Soldiers. The brigade body has got to figure out how to by the people of Iraq, I think the first was deployed to Vietnam in 1965 and transport 350,000 tubes of toothpaste thing we ought to do is make sure that became the first major ground combat every 2 weeks, acquire them, package oil is being sold at the market price, unit of the U.S. Army to serve there. them, ship them and distribute them so and I think we ought to call up Jacques At its height in Vietnam, the 173rd had all of our service people have tooth- Chirac and say you have been getting a roughly 3,000 soldiers assigned. paste to use when they want to brush sweetheart deal for a long time. Guess Mr. Speaker, as I mentioned, the their teeth. There is lots that has to go what? You care about the Iraqi people, 173rd has a proud and distinguished into the supply line. we care about the Iraqi people, no more wartime record. During its more than 6 That leads me into my next com- sweetheart deals. The French are going years of continuous combat in Viet- ment. Remember, we have only been to pay the true value for their oil so we nam, the brigade earned 14 campaign engaged in this conflict for 7 days. One are assured that the people of Iraq get streamers and four unit citations. At week. I know there were some people the true value for their oil, and it is the same time, individual Sky Soldiers that thought that Iraq was just going given to the people of Iraq. That is how received 13 Medals of Honor, 32 Distin- to willy-nilly lay down and that Sad- we ought to approach this. guished Service Crosses, 1,736 Silver dam Hussein was going to walk off the The same thing with Germany, by Stars and over 6,000 Purple Hearts. scene and that our tanks were going to the way. Here in Washington on the Vietnam drive in as fast as they could to the Mr. NORWOOD. Mr. Speaker, will the Memorial Wall, there are over 1,790 city hall in downtown Baghdad and gentleman yield? Sky Soldier names listed, a lasting re- have coffee. Those people were so opti- Mr. MCINNIS. I yield to the gen- minder of the contribution made to our mistic they were unrealistic. We are 7 tleman from Georgia. Nation by the 173rd during the Viet- days into this now, and all of a sudden RECOGNITION OF THE 173RD AIRBORNE BRIGADE nam War. Today, the 173rd Airborne I note that some of the national media Mr. NORWOOD. Mr. Speaker, I would Brigade is based in Italy where it is looking at the most wild, optimistic like to associate myself with the re- serves as the European Command’s reports and since obviously we are not marks of the gentleman from Colorado. only conventional airborne strategic driving into downtown Baghdad to the Mr. Speaker, yesterday over the response force for the European the- city hall down there, they are saying, northern Iraq city of Bashur, in the ater. what is happening to the United deepest, darkest time of the night, the Mr. Speaker, the 173rd was heard States? Are we faltering? Is the war unmistakable and ominous rumblings from last night and, make no mistake plan not working? of C–17 transport planes could be heard about it, they will be heard from again. You talk about a misconception. You overhead. They came in low, delivering With the U.S. Army’s Sky Soldiers on talk about a diversion to what is really roughly 1,000 paratroopers from the the ground and on the job in northern occurring over there. The other thing U.S. Army’s 173rd Airborne Brigade, Iraq, our military campaign to end that we have got to be very careful known affectionately as Sky Soldiers. Saddam Hussein’s torturous regime is about are the casualties. Good God, we one step closer to victory. Finally, Mr. all know how horrible a casualty is; 1445 b Speaker, until that victory is securely and we have a lot of people, primarily They were there to support the U.S.- in hand and this campaign has ended, young men and women serving for our led coalition of nations to liberate the let us keep the Sky Soldiers and all of country, and they are on the front line Iraqi people and end Saddam Hussein’s our brave military men and women de- and they are engaged in combat. This reign of terror. fending freedom in our thoughts and war and every war is nasty. As Tony Their immediate mission was to se- prayers. All the way to the Herd and Blair said this morning in his press cure a snow-covered airfield near God bless. conference, it is a nasty and bloody Bashur that could be used to bring in I thank the gentleman for yielding. business. And that is exactly what it is. additional support and supplies. Within Mr. MCINNIS. Mr. Speaker, I appre- But we have become conditioned al- hours of their successful landing in the ciate the gentleman’s comments. most in our society that we can engage still of the night, by the way, one of I had said in my earlier comments in a conflict with minimal or zero cas- the largest of its kind since World War that preceded those comments about ualties. I believe in Kosovo, it was all

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.097 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2451 taken from the air at many, many tens like you are preaching from a pulpit. If ‘‘Okay, let’s say just for a moment of thousands of feet; and I think the they knew me very well, they know you bunch of pampered, overpaid, unre- only casualties we had were accidents. they would never let me on the pulpit. alistic children had your way and the Somehow some parts of the American But first of all let me say to you that USA did not go into Iraq. population are believing that you can it is truly evil we are trying to over- ‘‘Let’s say that you really get your engage like this, for the right reasons, come and there will be casualties. I do way and we destroy all of our nuclear by the way, but engage in something not speak lightly of these casualties. I weapons, stick daisies in our gun bar- like this without casualties. I pulled just read about a family whose daugh- rels and sit around with some white this article out of The New York Times ter is missing. She was ambushed. She wine and cheese and pat ourselves on Today by Todd Purdum. Todd put out was a cook, a clerical, the convoy took the back, so proud of what we have of some of the statistics. He talks the wrong turn and drove right into done for world peace. about the calculus of casualties. The enemy hands. She is missing and that ‘‘Let’s say that we cut the military Battle of the Bulge in World War II, family is going through hell. Every budget to just enough to keep the Na- 19,000 Americans, 19,000 casualties in family that suffers a casualty until tional Guard on hand to help out with the Battle of the Bulge. On one single they find out, one, that their son or floods and fires. day, September 17, 1862, at least 3,650 daughter is going to make it; or, two, ‘‘Let’s say that we close down our Confederate and Union soldiers died on the death of a child, the horror of being military bases all over the world and the field. 3,650 in one day. At the in your house and looking out your pic- bring our troops home, increase foreign height of the Vietnam War, roughly 200 ture window and seeing a military offi- aid, and drop all trade sanctions Americans a week were killed. cer with a chaplain standing there against everybody. He says: waiting for you to answer your door. ‘‘I suppose that in your fantasy ‘‘Modest as the latest losses are by This is heavy, heavy stuff. Our Presi- world, this would create a utopian dent knows it is heavy stuff. The ad- historical standards of combat,’’ speak- world where everybody would live in ministration knows it. ing of the first Persian Gulf war, the peace. After all, the great monster, the battle with Kosovo and where we are Look at what we have got. We have got Colin Powell. He has been on that United States of America, the cause of engaged right now, ‘‘modest as the lat- battlefield. He knows what we are talk- all of the world’s trouble, would have est losses are by historical standards of ing about when we talk about heavy disbanded its horrible military and cer- combat, they have already prompted tainly all of the other countries of the weight and casualties. DICK CHENEY, a sharp shifts in public perceptions about former Secretary of Defense during the world would follow suit. how well the campaign against Saddam first Persian Gulf war. Condoleezza ‘‘After all, they only arm themselves Hussein is going, though they have not, Rice. Take a look at these people. We to defend their country from the mean according to polls so far, reduced over- know the heavy weight, but we must be USA. all support for the war. prepared as a Nation not to let our- ‘‘Why, you bunch of pitiful, hypo- ‘‘But as coalition forces face unex- selves when we have 27 casualties, we critical, idiotic spoiled mugwumps. Get pected complexities on their march to may have 27 or 29 casualties to this your head out of the sand and smell the Baghdad, the administration faces the point, that all of a sudden we say, My Trade Towers burning. political challenge of preparing a pub- gosh, things aren’t going well. We are ‘‘Do you think that a trip to Iraq by lic lulled by the relatively low losses in not going to be able to accomplish this Sean Penn did anything but encourage Afghanistan and the first Persian Gulf without casualties. But I can tell you a wanton murderer to think that the war for a conflict that could be costlier the casualties we take as a result of people of the USA didn’t have the than some optimists predicted.’’ nerve or guts to fight him? That is the point. We cannot assume getting rid of this regime will be a fraction of the casualties we as a Na- ‘‘Barbara Streisand’s fanatical and a self-defeatist attitude because we hateful rantings about George Bush take some casualties. Imagine if we did tion, we as the United States and our allies would take if we allowed Saddam makes about as much sense as Michael not take those casualties today, what Jackson hanging a baby over a railing. kind of casualties we would be passing Hussein down the route he was trav- eling for the development of his weap- ‘‘You people need to get out of Holly- on to the next generation, because this wood once in a while and get into the generation shirked its responsibility, ons of mass destruction and his propen- sity to pass those weapons on to terror- real world. You’d be surprised at the walked away from its responsibility hostility you would find out here. and did not stand up with our allies, ists and so on. I want to just take a couple of mo- ‘‘Stop in at a truck stop and tell an which as I mentioned earlier are larger ments and read some letters. First I overworked long-distance trucker that in number than the allies we had in the want to read one of my favorite letters. you don’t think Saddam Hussein is first Persian Gulf war. I have noted that many of our inter- doing anything wrong. Imagine what the casualties would be national experts whose primary way of ‘‘Tell a farmer with a couple of sons 10 years from now if we just pass this making a living are Hollywood actors in the United States military that you problem on to the next generation. Iraq have all of a sudden rediscovered their think the United States has no right to would have been, and we are not going expertise in foreign affairs. It is very defend itself. to let it happen obviously, but it would interesting to put a comparison. For ‘‘Go down to Baxley, Georgia, and have been if we had not taken this ac- example, Martin Sheen, whom I think hold an antiwar rally and see what the tion, in 3 years, in my opinion, and I got out of high school, to the best of folks down there think about you. know quite a bit on both countries, in my knowledge has never taken 1 hour ‘‘You people are some of the most 3 years in my opinion, Iraq would have of credit in foreign affairs, to the best disgusting examples of a waste of pro- been another North Korea. How are you of my knowledge outside of a good toplasm I’ve ever had the displeasure going to deal with North Korea? If you place to make a film has no knowledge to hear about. think we have a problem dealing with of international politics or geopolitical ‘‘Sean Penn, you are a traitor to the one North Korea, you ought to try politics is making all the comments United States of America. You gave aid dealing with two North Koreas. Thank that he is commenting. Take his re- and comfort to the enemy. How many goodness we have got the gumption, sume and compare it next to Colin American lives will your little fact- thank goodness we have the persist- Powell. Tell me who knows more about finding trip to Iraq cost? You encour- ence, thank goodness we have the re- foreign affairs. Yet Martin Sheen and age Saddam Hussein to think that we sources and the military might and, some of his cohorts out there in Holly- didn’t have the stomach for war. frankly, the moral belief that this is wood, in Tinseltown out there, are just and we know it is just, thank making these opinions. I saw a letter, b 1500 goodness we have the ability to go in very interesting, from Charlie Daniels. ‘‘You people protect one of the most there and do this and stop this evil I thought I would read the letter. It is evil men on the face of this Earth, and thing. serious. It is an open letter to the Hol- won’t lift a finger to save the life of an It truly is a difference between good lywood bunch. I am quoting Charlie unborn baby. Freedom of choice, you and evil. Some people say, you sound Daniels: say?

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.099 H27PT1 H2452 CONGRESSIONAL RECORD — HOUSE March 27, 2003 ‘‘Well, I’m going to exercise some the banner in San Francisco that I saw ‘‘We will succeed in our task and will freedom of choice of my own. If I see on TV, the banner in San Francisco end the threat of terrorism in our any of your names on a marquee, I’m last week that said ‘‘Be loyal to our backyard. We will also end the threat going to boycott the movie. I will com- troops, have them shoot their officers.’’ of terrorism in our neighbor’s back- pletely stop going to the movies if I That does not help the morale of our yard. We have to remind ourselves of have to. In most cases it certainly forces, but fortunately our young men what this country stands for: life, lib- wouldn’t be much of a loss. and women who are amazingly mature erty, and justice for all. In order to ‘‘You scoff at our military whose at their age see beyond that. They maintain those rights, we have to stop boots you’re not even worthy to shine. want to be there. They want to fight the threat of terrorism.’’ They go to battle and risk their lives for this country. ‘‘I am proud to be here. I will be com- so ingrates like you can live in luxury. In that light I just want to read a ing home but not until I know that it’s The day of reckoning is coming when couple of letters. I am going to read going to be safe for all Americans and you will be faced with the undeniable them verbatim. I usually do not like to for everyone I love. My family is first. truth,’’ the undeniable truth, ‘‘that the read, but I do not have this letter in My country is where they live. I will war against Saddam Hussein is the war memory. But listen to it: ‘‘Dear Mom, defend it.’’ Signed by a soldier, 18 to 22. on terrorism. it’s really your decision to march if And, by the way, when he says ‘‘poten- ‘‘America is in imminent danger. you want to or not. You are the one tial war,’’ he is now engaged in combat You’re either for her or against her. who has to decide if what we are doing on the front line in Iraq. There is no middle ground. I think we here is right or not. My opinion is not I want to read another letter. Some all know where you stand. What do you yours. people would say this is a war against think? God bless America, Charlie Dan- ‘‘I do, however, have things I would the Muslims or the religion of Islam, iels.’’ like for you and Grandma and every- this is a war against the Arabs. Keep in I know that is a strongly-worded let- body else at home to know. I am a mind that there are several Arab coun- ter, but there are a lot of people in United States soldier. I was sworn to tries who hate Saddam Hussein. There America who believe in the price that defend my country against all enemies, are several Arab countries who are as- Americans generation after generation foreign and domestic. People may not sisting our efforts. Take a look at have paid so that many of our friends agree with the things we are ordered to Saudi Arabia. Take a look at Turkey. throughout the world can exercise free- do. I would like to address those people Turkey, by the way, the only democ- dom and can enjoy security away from by telling them that terrorism is not racy. They are not giving us the help the type of people like Adolph Hitler only a threat to us as Americans but to we had hoped, but the fact is they are who were, by the way, as a result of the many other innocent people in the still in there helping us. It is the only last century where our Nation went on world. democracy in the Arab world. This is ‘‘What type of country would we be if to European soils, at least twice on to not a conflict about religion. This is we didn’t defend the rights and the European soils and have thousands and not a conflict about America’s like or freedoms of others, not because they’re thousands of American men, primarily Americans but how about just because dislike or approval or disapproval of men by then, although we may have they’re human? Islam, not at all. had some women in the nurse corps, ‘‘We live in a country where people And I want to read a letter from but today it would be thousands and feel secure with their daily lives. They some American Muslims: ‘‘Dear Scott, thousands of young men and women. do business like usual and don’t worry Malik and I want you to know we sup- Thousands of men back there in that about the thought of terrorism actu- port the President in our war on Iraq. time period, their bodies are buried on ally happening to them. The people of As American Muslims, we feel strongly European soils, not because United 9–11 thought the same thing. We now that we cannot allow dictators around States had a dog in the fight, but be- know that it can happen to anyone at the world to risk our freedom. If there cause the United States had a friend in any time. Yet as Americans we’re is anything we can do, please let us the fight. The United States had a afraid of losing our soldiers to defend know. We hope and pray for the safety principle in the fight. The United our security. I can only speak for my- and return home of all our soldiers. States believes that countries have a self when I say that my life is an easy May they all return home soon. Sin- right, have a right, to be liberated with expense to ensure that my family and cerely, Simi.’’ freedom, have a right for liberty, have friends can live in peace. I have another letter, and I do not a right to justice. It is the United ‘‘I strongly believe in what we are want to bog us down with these letters, States of America that has led this doing and wish you were here to see for but the message I am trying to relay world, generation after generation yourselves the honor and privilege that here is the United States of America is after generation, in striving for equal American soldiers aboard this ship are on a mission which is just. The United rights, for rights of people, for the feeling, knowing that we are going to States of America is on a mission that common person, for the American be a part of something so strong and so is not going to be finished in 2 or 3 dream, for the ability to travel as we meaningful to the safety of our loved days. It is not going to be finished in wish, for the ability to go to schools as ones. Then you would know what this day 7. We are 1 week into this. This is we wish. It is the United States of potential war is about. going to be a tough battle. Saddam America which exports the largest ‘‘We will stand tall in front of ter- Hussein has got people in his regime. product, the most desired product in rorism and we will defeat it. We as sol- We did not say we are going to come in the world; and it is the United States diers are not afraid of what may hap- and take territory and let his regime of America which is the leading ex- pen. We are only afraid of Americans continue to rule that country. We have porter of that product. And what is not being able to understand why we said to that regime, We will replace that product? That product is freedom. are here.’’ And let me repeat that. This you. You are out of town. You are out It is freedom. And that is what this is from a soldier, and, by the way, this of Dodge. You are done. No more of country is about. soldier, I would guess, is somewhere be- your regime. They have got nothing to The force we have today, we are not tween 18 and 22 years old. Let me re- lose but to fight for all the corruption, in a draft. Some young man asked me peat this: ‘‘We are only afraid of Amer- all the weapons that they have, to the other day in the office, he said, Sir, icans not being able to understand why fight to the very last person that re- are we going to get a draft? I said, A we are here. I ask for your courage as ceives the fruits of that regime. draft would be a huge mistake for this Americans to be strong for us.’’ This is But the people receiving the fruits of country. The reason why we have a a message from the battlefield coming that regime are small when we com- force where everybody in our military back to us. ‘‘I ask for your courage as pare it to the people of Iraq that have now is there because they wanted to be Americans to be strong for us. I ask for received the wrath of that regime. The there. Our morale is sky high in the your understanding in what we believe women that have been raped at such military. It does not help to hear Sean is right. I ask for your support in all young ages, the starvation, the lack of Penn or Martin Sheen out there that we are sworn to do: defend our health care, the gassing of their own yapping away. It does not help to see country and the life of all.’’ citizens. Keep in mind years ago in the

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.101 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2453 United States of America at Kent will say nobody can look at those pic- Like most, we pray for peace, but we are State University, remember that, the tures without a weakening of the stom- sick, literally sick. Why? Because we lived protest of the Vietnam War, our Na- ach. It does weaken our stomach. It is through the Vietnam era and we saw first- horrifying. But if they think for one hand how our veterans were treated. We are tional Guard shot four American citi- so afraid that it is beginning to happen zens. I think we killed four American moment that that is going to weaken again. We are not alone. Nor are we the only citizens in a riot. This country went our resolve, do not let it happen. In ones who believe with all of our heart that crazy, and I will bet if we look back at fact, I can tell the Members for the the key to winning any war on terrorism will Martin Sheen, who was probably a lit- young military men and women over depend on how we are here at home and how tle younger there, but I will bet Martin there, it did not weaken their resolve, emotionally we support our troops, regard- Sheen was leading the protest. How it strengthened their resolve. It has less of our politics. strengthened that resolve, and that is Vietnam proved how we defeated ourselves could a country kill its own citizens? by the way we divided our own Nation and How could this possibly happen? And why having a volunteer force, by the treated our troops. We never lost a battle in yet today many of these very people, way, I mean those people want to be Vietnam; we lost the battle on the political Sean Penn, Martin Sheen, those kinds there, and watch what happens when front. We are beginning to lose again, and of people, turn a blind eye towards Sad- these people come home. They are not the bullets have yet to fly. dam Hussein, who in one incident alone going to be ashamed of the United Our sons did not choose to become a gassed 60,000 people; and if any of the States of America and the country that United States Marine to kill people. They they have fought for and been wounded had dreams of a career, of travel and of pro- Members want to question that, I tecting us from the terror of 9/11 from hap- would be happy to supply them with for and the families who lose their pening again. Both sons are the best sons a the picture of the mother and the loved ones over there. They are not parent could ever hope for. The thought of daughter and I want them to take a going to be ashamed of this country. someone throwing animal feces at our mili- look at their faces. They are not the They are going to be proud, and they tary when they finally return home, hearing face of a deceased person. They are the are going to be proud of our President. nothing but negative media about how face of a person that died a horrible Think of the pressure that this Presi- Americans hate them and the war, the thought of what it would do to our service- death, and this man is responsible for dent is under. What other President in recent history has gone through what men and women’s spirit, scare the military it. This man has killed more Muslims families to the point of sleepless nights. than any other man in the history of this President has: 9–11, the war on Af- The media, stronger than the White House the world. ghanistan. On some Saturday morning itself, can change that fear, help keep it And we have our friends, the French when he is getting up like the rest of from being a reality. Everyone is quick to and the Germans, who continually us, they call him on the phone and say show the war protestors out marching. What through denial after denial after denial guess what, the shuttle is missing. We has been done to show those who support our do not know where the shuttle is. They forces? We are not marching on the streets, through resolution after resolution we are not chanting and screaming clever after resolution just turn a blind eye. lose the shuttle. Or by the way, Mr. President, we had better take a look at chants. We are not holding up signs. We are It is like ignoring cancer. If I ignore it not throwing blame or calling names. long enough, it will go away. It will what is happening in Jerusalem. We No, we are at home, boxing care packages not get worse. I want to pretend it is just had another suicide bomber. By to our service people. We put yellow ribbons not there. I do not want to hear the the way, Mr. President, take a look at on our doors, trees, car antennas, blue star news they have to tell me. I do not the economy. For two quarters before flags on our windows. We pray 100 times a you took office, this thing was going day, and we light a candle every day. We are want to go through what it is going to sending birthday cards, thank you letters, take to fight it. I just want it to go bad. It is really in tough shape right now. notes of cheer, to the members in the service away. Cancer is not going to let us; whom we have never met, nor may ever, be- neither will Saddam Hussein. b 1515 cause they are our extended family in the Thank goodness there are people like Oh, by the way, Mr. President, our service. They need to know, amidst all the the United States and the United King- bad publicity, there are those of us who are good friends, the French, of whom we grateful for their choice and sacrifice for us dom and the Spanish and the Italians have time after time after time gone to and the Polish and the Hungarians and to live in the land of the free, because of the their assistance, you know, the French brave. the Netherlands and the Australians have a way of starting a fight and then You have never read about us in the head- and the Turks and that list goes on to they back out of it and we are the ones lines. So what can be done? What can a com- about 45. Thank goodness there are 45 that have to go in there. munity do? The answer is simple. Our com- nations in this country willing to stand And the Germans, Mr. President, munity, including our schools, could begin up to tyranny. Thank goodness those they not only are not going to help us, by starting patriotic projects such as write a young soldiers right now being shot at, they actively hired lobbyists. They letter, send a card of encouragement, a mere thank you. In our son’s shop alone there are right now while we are talking, right hired lobbyists and got the equivalent now worrying about whether or not five lonely marines who have no family back of our State Department to travel home to encourage and send support. they will be alive in 5 minutes, thank around the world to lobby other coun- Regardless of how one feels politically, our goodness they have the confidence to tries to oppose the United States of service people need our support emotionally; know that this administration and the America. not ticker tape parades, but support for the majority of the people in this country, I will tell you, this President has job they do. 75 percent of the people in this coun- stood up well. He is a strong leader, A San Diego columnist quoted a ma- try, are saying to those brave young and he has got the confidence of the rine as saying, ‘‘comes with a job de- men and women we are doing what is United States Congress, he has the scription of taking a bullet for a mere just, keep up the good fight, we are competence of the American people, $14,000 a year.’’ praying for them and we want them to and he will succeed in his leadership of Our service people do not make the policy, come home as soon as they can come this mission. they follow orders. They chose to join for home and as soon as that mission is I want to read another letter. This is their own reasons. They all share one com- completed. from parents. They sent it out. They mon belief, and I want to repeat this, they And I will tell the Members some- write: ‘‘Please feel free to read this.’’ all share one common belief, and that is that you and I are worth dying for. thing. Our resilience will be tested This is a Mr. and Mrs. Corey. Think of that. ‘‘They all share one every day of this war. There is a reason Land of the free because of the brave. Land that the Arab television network of the free, because of the brave. Please sup- common belief, and that is that you broadcast those American and yester- port our troops. and I are worth dying for.’’ day those two British soldiers, their We are the proud parents of two United The American people need to be reminded dead bodies. There is a reason they States Marines. We will not bother dis- of that. It is not a matter of free speech or broadcast that, because they think cussing our political views, one party versus our President or who is right or who is another. What we will say is that we do not wrong. It is a matter of starting a better pat- they can psych out the American popu- want our sons nor any of our sons and daugh- tern for the future return of our loved ones lation and the British population by ters and husbands and wives or grand- when they come home, throwing flower pet- showing a few body bags. They think children in our extended military family to als versus stones, of saying ‘‘thank you’’ in- they can weaken our stomach, and I die in vain. stead of ‘‘go to hell.’’

VerDate Dec 13 2002 04:34 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.103 H27PT1 H2454 CONGRESSIONAL RECORD — HOUSE March 27, 2003 We hope we can count on you to take up KEEP TITLE IX INTACT Opponents of Title IX charge that the the cause. If you would like to show your The SPEAKER pro tempore (Mr. law takes money and opportunities support to our troops by sending letters, BRADLEY of New Hampshire). Under the away from men’s athletics. What these cards and care packages, it would be most people fail to realize is that Title IX appreciated. May you know you have no need Speaker’s announced policy of January to worry, for our service members have your 7, 2003, the gentlewoman from New does not deprive men of athletic re- back covered. Sleep well. York (Ms. SLAUGHTER) is recognized for sources. The real problem is that the 60 minutes as the designee of the mi- resources that male athletes receive I want to repeat that. ‘‘May you nority leader. are distributed inequitably among know,’’ may you know, ‘‘that you,’’ Ms. SLAUGHTER. Mr. Speaker, in men’s sports. you, ‘‘have no need to worry, because 1972, about 30,000 women played college Take these statistics, for example. our service members,’’ our men in the sports. Today, that number has in- Football and men’s basketball consume military forces, ‘‘have your back cov- creased by more than 500 percent. 72 percent of the total men’s athletic ered.’’ In 1972, about 200,000 girls played high operating budget at Division I institu- These are the kind of letters that, in school sports. Today, that number has tions, leaving other men’s sports to my opinion, express what is so, so fun- increased by more than 80 percent. compete for the remaining funds. damentally important about this coun- Mr. Speaker, it is no coincidence that Sixty-eight percent of the increased try. This Nation truly is the lead coun- women and girls have more oppor- expenditures for men’s Division I-A try in the world, closely followed by tunity today than they did 30 years sports programs from 1998 to the Year many of our allies like the British, as ago. That is not because they have 2000 went to football alone. The in- a country that believes in freedom but more interest than they used to, and it crease for football exceeded the entire understands that freedom requires sac- is not because they have more ability operating budget for women’s Division rifice, freedom requires a price. than they used to. The increased oppor- I sports in 2000 by over $1.69 million. tunities are attributable to one law, What is more, large football and bas- Look at what that says for a Nation Title IX. like ours, when we have young people, ketball programs are not as revenue Title IX of the Education Amend- producing as Title IX proponents voluntarily, voluntarily join our armed ments of 1972 is the Federal law that forces to make sure that the people claim. The vast majority of NCAA foot- prohibits sex discrimination in edu- ball and men’s basketball programs that are not on the front line but that cation. It states: ‘‘No person in the are home will get to enjoy security, spend more money than they bring in. United States shall, on the basis of sex, In fact, 64 percent of Division I and II liberty, justice for all, freedom. be excluded from participation in, be football programs do not generate denied the benefits of or be subjected Think about it. It is so important enough money to pay for themselves, to discrimination under any education that the time has come for people to much less any other sports. In 1999, program or activity receiving Federal put down their signs of protest and these programs reported annual defi- raise their signs with simply two financial assistance.’’ In essence, Title IX requires schools cits averaging $1 million for Division I- words: ‘‘Thank you.’’ Thank you. It A athletics. would not be too much to ask of Mar- and colleges receiving Federal funds to give women and girls equal athletic op- Now, do not get me wrong, I love tin Sheen to take the tape off his football, and I graduated from the Uni- mouth that he had on there yesterday. portunities, including athletic scholar- ships, equipment, coaching and facili- versity of Kentucky, so I love basket- It wouldn’t take too much to ask those ball. I just do not believe that our lit- people in San Francisco carrying a big ties, among other benefits. Unfortunately, Title IX has come tle girls should be denied the oppor- banner that says ‘‘support our troops, under assault. Those who favor chang- tunity to play sports so that football shoot their officers,’’ it would not be ing Title IX argue, mistakenly, that it teams can dip from a bottomless fount asking too much of those people to put has led to the disappearance of athletic of funds. down their sign and replace it with a opportunities for male athletes. While Opponents of Title IX not only feel sign that simply says ‘‘thank you.’’ It both sides of the debate over Title IX that this gross imbalance is fair, but would go a long, long ways. athletics policies agree that they they oppose any efforts to salvage the Mr. Speaker, I ask that all of you, all should allow for gender parity and progress that has been made. It bothers of you, say a prayer to whatever su- overall fairness in sports, the real ques- me deeply that opponents of Title IX preme being you believe in, say a pray- tion that begs to be answered is, what say that male athletes are treated un- er for these men and women that are constitutes fairness? fairly. Although 30 years of progress standing on the front line so the rest of For those who wanted to alter Title since Title IX have seen sports partici- us can be back here and feel secure. IX and how it has been implemented, pation for males and females grow, fe- They are there for the right reason. fairness means that male athletes male athletes are still not treated equi- They are there on a mission. They will should have a monopoly over opportu- tably. accomplish their mission. It is not nities and resources for their programs, I urge all of my colleagues to cospon- going to be done in 7 days. There will regardless of how underfunded or non- sor House Resolution 137, expressing be casualties. In war, you have good existent similar programs for female the sense of Congress that changes to days and you have bad days. You have athletes may be. Title IX athletic policies contradict good days and you have bad days. For these challengers to Title IX, it the spirit of athletic equality and gen- A weakening of our resilience, a is fair that, while more women than der parity and should not be imple- weakening of our resilience, those of us men attend college, only 42 percent of mented and that Title IX should be all college athletes are women. For not on the front line, those of us back kept intact. them, it is fair that females currently in this country, that weakening will be My resolution has been signed by receive 1.1 million fewer, 41 percent, sensed by these people. We cannot both Republicans and Democrats, by opportunities at the high school level allow our resolve to weaken. We must men and women. and 58,000 fewer, 38 percent, opportuni- stay strong, as we have, and we must b 1530 ties at the college level than do their send our prayers and our hopes to these male counterparts. It is receiving this wide support for young men and women over on that This ill-conceived notion of fairness one simple reason: it is the right thing front line. that opponents of Title IX put forth to do. Most Americans know that it is So, Mr. Speaker, in conclusion, once justifies the fact that men currently the right thing to do. A Gallup poll in again, I would be awful proud of Martin receive $133 million more than women early January reported that seven out Sheen and Sean Penn and many of in athletic scholarships. Division I-A of 10 adults who understood the law those other people, Julia Roberts, the colleges and universities allocate on supported keeping title IX intact and Dixie Chicks, people like that, I would average 71 percent of their scholarship rejecting any changes. In fact, a Wall be awfully proud of them if, just for a money for men’s athletics, and their Street Journal poll from January change, they would carry that sign recruiting dollars for male athletes found that 66 percent of Americans go that said ‘‘thank you.’’ double those spent on female athletes. so far as to favor cutting men’s teams

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.105 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2455 in order to ensure equal athletics op- ance of viewpoints in panelist testi- letics. Today, more than 100,000 women portunities for women. monies. Even though Secretary Paige compete. In high school, fewer than 7 Any changes to title IX must be re- said he would not consider certain con- percent of girls played various sports jected on their face because tinkering troversial proposals to alter the land- prior to title IX, and today, the num- with the law in any way implies that mark legislation, there is growing con- ber of participants has increased to 40 title IX does not work and that it needs cern over his sincerity, since he did not percent, over 40 percent, as a matter of improvement. withdraw the recommendation to use fact. I come from the ‘‘If it ain’t broke, interest surveys to estimate how many Do these gains mean that the work of don’t fix it’’ school; and, Mr. Speaker, girls are available to participate in title IX is finished, and that it is time title IX is not broken. Title IX has sports. Both de Varona and Foudy for the supporters of title IX to take been the dam that holds back gender withdrew their support of this pro- their balance and go home? Absolutely discrimination in educational pro- posal. not. grams for 30 years, allowing millions of There is concern from the Bush ad- Contrary to the scare tactics being young women the opportunity to pur- ministration that title IX has ad- used by opponents of title IX to say sue goals of which their predecessors, versely affected men’s sports programs, that women’s sports are using up ath- including me, could only dream. such as gymnastics and wrestling. letic funds needed for men’s sports, the I am standing here to defend the in- However, these sports faced the great- facts show that women, even with title tegrity of this landmark civil rights est decline since 1982 and 1992, when IX, continue to receive far less funding law because it is the right thing to do, there was little enforcement of title for their sports than men. It is a fact: but I also rise in honor of my dear IX. There are reports that programs title IX does not deprive men of ath- friend and beloved colleague, Patsy such as football and men’s basketball letic resources. Mink. In 1972 Patsy helped to enact take more than their fair share of the In fact, the real problem is that the title IX and in honor of her valiant athletic budget, leaving insufficient resources that the male athletics re- work, Congress renamed title IX the funds for other sports, regardless of ceive are distributed inequitably ‘‘Patsy Mink Equal Opportunity in gender. among men’s sports. In addition, Education Act.’’ She would be standing When rethinking title IX, we must go schools choose to eliminate teams for right here beside me if she were alive back to its original purpose, and that many reasons, and all of those reasons today. She struggled for 30 years to is to ensure that ‘‘no person in the are not related to title IX. protect educational equity for men and United States shall, on the basis of sex, In fact, I had a very interesting expe- women, and it is the memory of the be excluded from participation in, be rience as a member of the Committee beautiful legacy that she left behind denied the benefits of, or be subjected on Education and the Workforce when that we must not give up on the fight to discrimination under any edu- we had a hearing on title IX quite a few to preserve equality for women. cational program or activity receiving years ago, I think it was about 5 years Opponents of title IX are trying to Federal financial assistance.’’ I sup- ago, as a matter of fact. I sat there and redefine what America sees as fair. As port, Mr. Speaker, equal opportunity I listened to the witnesses at this hear- a consistent defender of gender equal- for both sexes and believe resources ing tell us that men’s wrestling, men’s ity and protection of equal rights for can be allocated under title IX to both football, and every sport that the guys all of our citizens, male and female, I male and female athletic programs in are interested in were being threatened am outraged by this particular brand an equitable manner. because of women’s sports and because of fairness. Patsy would have been out- Title IX does not apply solely to ath- of an investment in title IX. raged as well, and she would not have letics. It includes access to educational Somehow or another, they made a tolerated it. programs too. Title IX and the Wom- big mistake. They brought forward an I hope all of my colleagues will join en’s Educational Equity Act of 1974 individual representing San Francisco me with our Republican and Demo- have opened doors for women seeking a State University who sat before us and cratic friends who support this legisla- college or postgraduate degree. In 1972, told us that the men’s football program tion as we all fight to preserve the in- the year title IX was signed, women at San Francisco State was eliminated tegrity of this landmark law. Please earned just 7 percent of all law degrees. because of title IX. Well, I had my abil- cosponsor this title IX resolution for By 1997 they received 44 percent. Five ity at that point to contradict, be- Patsy Mink, for our Nation’s girls, and years after title IX was signed, women cause, Mr. Speaker, one of my sons, I for the sake of equality. earned only 9 percent of all medical de- have three sons and a daughter, all Mr. Speaker, I yield to the gentle- grees. But because of title IX, 41 per- athletes, including my daughter. One woman from California (Ms. WATSON). cent received medical degrees. of my sons was an all-American foot- Ms. WATSON. Mr. Speaker, I rise to So we see title IX indeed can work. ball player from San Francisco State express my support for title IX. As my Education is the key to a better life, University. He was a tackle. He was colleagues may know, title IX is facing and title IX has greatly aided a wom- the captain of the defensive team, and sharp criticism from the Bush adminis- an’s ability to achieve the American I went to every single game. Mr. tration for being discriminatory. De- dream. I will continue to support title Speaker, I loved cheering for that kid spite the overwhelming successes and IX and to encourage my colleagues to and that team. Well, there were no pro- support that title IX enjoys, Secretary do the same. It is a question of equity, grams at the games, there was no band, Rod Paige created the Commission on Mr. Speaker. there were no food vendors, and the Opportunity and Athletics to deter- Ms. SLAUGHTER. Mr. Speaker, I reason was, nobody at that school was mine whether this measure needs to be yield to the gentlewoman from Cali- particularly interested in football. And updated for the 21st century. The com- fornia (Ms. WOOLSEY), a tireless fighter I knew that, we knew that, and a few mission’s recommendations could re- for gender equity. years after my son graduated from col- sult in the loss of thousands of slots on Ms. WOOLSEY. Mr. Speaker, I am lege, the program was discontinued. teams for female athletes and millions pleased to join my colleagues today in But it had nothing to do with title IX; of scholarship dollars. support of title IX, and I would like to it had to do with the fact that at that Donna de Varona and Julie Foudy, thank the gentlewoman from New time in San Francisco at that par- Olympic Gold medalists and members York (Ms. SLAUGHTER) for organizing ticular university, it was a State Uni- of the commission, refused to sign the this afternoon’s effort. versity, there was just no interest in proposed changes to title IX. In their As we stand here today, title IX is the program. minority report, Foudy and de Varona being threatened by recommendations Title IX, therefore, must continue to cited various problems in the commis- from the commission on title IX, a be defended. We cannot have it used as sion’s process, including the omission commission appointed by President the reason for men’s sports not getting of representatives of high school ath- Bush and his administration to study their due when they get more than letics, failure to examine potential title IX, hoping to alter the law. their due. In my own State of Cali- remedies for discrimination against Before title IX, fewer than 30,000 girls fornia where women make up over 56 women and girls, and profound imbal- participated in intercollegiate ath- percent of the full-time students at our

VerDate Dec 13 2002 04:34 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.107 H27PT1 H2456 CONGRESSIONAL RECORD — HOUSE March 27, 2003 108 State and community colleges, ties on the athletic field, throughout fly zones over the last 12 years in women’s sports receive 35 percent of the campus, and throughout their northern Iraq. It appears that, because the athletic budget. And let me remind lives. By participating in sports, young of this decision, our forces were forced my colleagues, they make up 56 per- women realize significant benefits that to show their flexibility and ship south cent of full-time student bodies. often correlate to achievement in the to Kuwait to engage in combat in Iraq. In Georgia, more than 86 percent of classroom and, ultimately, success in Only last week, after the bombing of the legislative branch for stadiums, for college and in the work force. Bagdad began, did Turkey even grant lighting and equipment at public Women who participate in athletics the U.S. military the ability to have schools went to boys’ sports projects; have higher graduation rates and de- overflight rights, and Turkey was the 86 percent. So while title IX is trans- velop important skills like teamwork, last government in NATO to provide forming the playing field for men’s and leadership, discipline, that stay with these rights. It appears that even women’s sports in general, it is not them throughout their lives. though they did this reluctantly, they level yet. Attacks on Title IX have taken on will still benefit from a huge aid pack- Mr. Speaker, we need to keep title IX really ludicrous dimensions. I have age in the supplemental bill. strong. We need to fight any attempts heard some teams, male teams, blame Mr. Speaker, I firmly believe this by this administration or Congress their losing seasons on Title IX. I am package is inappropriate, given the that will weaken its effectiveness. It is sorry, it just does not wash. Title IX is minimum amount of assistance that not just because we want girls to get to a success. It is a great boon to our soci- Turkey is providing to the United play; it is because when one plays on a ety, to our economy, to the education States. I am also not convinced that Turkey team or when one is in an individual of our people. will not enter the Kurdish region of sport and that sport is valued at all, Unfortunately, the administration is northern Iraq. Although the President one learns. One learns competitiveness; considering proposals that would dra- and members of his administration one learns how to compete with one’s matically weaken the important provi- have assured the American public that self and do better the next time; one sions of Title IX. Female athletes Turkey will remain on the sidelines, learns how to win and one learns how stand to lose scholarships, they stand Turkey continues to amass large num- to lose, and one learns how to play on to lose chances for athletic participa- bers of Turkish forces along their bor- a team. All of that plays out later tion, they stand to lose much of what der with Iraq. These troops’ mobiliza- we have gained since Patsy Mink when one is involved in the business tions have led the Kurdish militias to fought to get Title IX into law. world, when one is involved in raising set up defense positions along the bor- We may not allow, we cannot allow children, when one is involved in know- der as well, creating an unnecessarily this to happen. We cannot allow the ad- ing how important one’s own self-es- tense situation. teem is and how important it will be to ministration to diminish the opportu- Mr. Speaker, the Turkish govern- raising one’s children. So we must nities afforded to American women or ment also has not promised to stay out strengthen title IX. We must never to undo the progress we have made of Iraq. They have stated for months weaken its effectiveness. over the past 30 years. Title IX has en- that they intend to enter northern Iraq f abled millions of young women to pur- to set up a buffer zone to not have a re- sue goals which their grandmothers MORE SUPPORT FOR TITLE IX peat of the refugee crisis from the 1991 and mothers could have only dreamed Gulf War. But after it became clear The SPEAKER pro tempore (Mr. of. that the administration would be BRADLEY of New Hampshire). Under the Mr. Speaker, I hope all my colleagues working closely with the Iraqi Kurds to Speaker’s announced policy of January will join me as we work to preserve the deal with the impending humanitarian 7, 2003, the gentleman from New Jersey integrity of this landmark law. crisis, the Turkish government (Mr. HOLT) is recognized for the re- f switched their stories. This past Satur- maining time of the gentlewoman from QUESTIONING WISDOM OF HUGE day, Turkish foreign minister Abdullah New York (Ms. SLAUGHTER). ECONOMIC AID PACKAGE TO Gul said his government would send Mr. HOLT. Mr. Speaker, I rise in sup- TURKEY forces into northern Iraq to suppress port of title IX. Title IX of the edu- ‘‘terrorist activity.’’ cational amendments of 1972 have real- The SPEAKER pro tempore (Mr. Mr. Speaker, the Turkish govern- ly been instrumental in prohibiting BRADLEY of New Hampshire). Under a ment has repeatedly called their own discrimination on the basis of sex by previous order of the House, the gen- Kurdish citizens terrorists in the last mandating gender equality and edu- tleman from New Jersey (Mr. PALLONE) few years. The Turkish authorities cational programs and activities re- is recognized for 5 minutes. have recently banned one Kurdish po- ceiving Federal financial assistance. Mr. PALLONE. Mr. Speaker, I come litical party and are currently working Before the passage of title IX, when I to the House floor this evening to on banning the other. They have also and most of our colleagues were in col- speak about what I consider to be a not fully implemented reforms to give lege, many schools saw no problem in dangerous precedent that is included in their minority populations property maintaining strict limits on admission the supplemental appropriations bill. and language rights, one of the many of women or in simply refusing to In the bill that was sent to Congress conditions that the European Union set admit them, or in denying them access only a few days ago, the President re- during Turkish entrance talks. to much of the opportunities within quested an astounding $1 billion in aid The tragedy that would occur should colleges and universities. to Turkey that can be leveraged into the Turkish government enter north- $8.5 billion in loan guarantees. b 1545 ern Iraq would be immense. Turkey has Mr. Speaker, I have a number of con- repeatedly shown its inability to gov- This has changed dramatically since cerns about this deal which I do not be- ern the Kurds even with marginal re- the passage of Title IX. The effects of lieve have been addressed. Over the last spect for human rights in its own terri- the legislation are evident in the suc- few months, I have repeatedly ques- tory. By calling Kurds in Iraq terror- cess of women in the classroom, on the tioned the wisdom of providing Turkey ists as they threaten to enter Iraqi sov- campus, and in our society at large. with a huge economic aid package. In a ereign territory, the Turkish govern- In 1972, women received only 9 per- letter I wrote to Secretary of State ment is not only risking the outcome cent of medical degrees, 7 percent of Colin Powell on February 24, I ex- of the current conflict between the law degrees, a quarter of doctoral de- pressed my displeasure at the size of United States and Iraq but the future grees. By 2000, women received 45 per- the economic package to be provided to of the entire region. cent of medical degrees, 44 percent of Turkey. Mr. Speaker, I do not believe that law degrees, and 44 percent of doctoral Estimates on that initial deal ranged any money should be given to Turkey degrees. There is a connection. from $6 billion to $30 billion. Despite without a number of assurances. Hu- Thanks to Patsy Mink and others the sum of money that was offered, manitarian concerns aside, I also do who fought to get Title IX into the leg- Turkey did not provide the bases we not agree that the aid package to Tur- islation, women now have opportuni- were already using to enforce the no- key will make a significant economic

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.109 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2457 impact for the Turkish people. The you will; a lot of intensity and focus on course, our good friends would have in Turkish government’s inability to im- how we could best stop the gun vio- more prosperous areas and school dis- plement economic reforms mandated lence. It always seems that we attempt tricts? by the International Monetary Fund to close the barn door when the horse Here we go again, not being preven- continues to plague their banking and and the cow have escaped. tive, not striking while the iron is hot economic systems. Now, some few years later, Members but waiting for disaster to befall us. Mr. Speaker, the supplemental appro- do not hear us talking about what do I think it is extremely important priations request will undoubtedly we do about violence in our high that we recognize that our children pass. No one in this Congress will ob- schools, gun violence in our high should be first. So I just want to share struct the important funds that need schools. We do not talk further about with my colleagues, Mr. Speaker, both to get to our brave men and women the question, if you will, of providing the plight of our children domestically, putting their lives on the line in hos- resources for school counselors, guid- because this is a week that we have re- tile territory. ance counselors. sponded to the needs of children, and to However, in order for Turkey to re- I have legislation, Mr. Speaker, that say what more we can do to provide a ceive their huge economic aid package, would increase the number of commu- safe Nation for our children. I believe the Turkish government must nity mental health clinics, increase the First of all, Mr. Speaker, it sounds fulfill the following commitment: that number of guidance counselors who can like we are going astray, but we can Turkey agrees to allow unfettered U.S. separate themselves away from paper- eliminate the President’s $726 billion and international humanitarian aid work. Yet this body has not seen fit to tax cut, and we can do that and focus transited through and/or being staged focus on legislation that, in essence, our investment in the resources that in Turkish territory in support of the Mr. Speaker, would promote our chil- would help not only the children but northern Kurds; second, that Turkey dren first. their parents and their community. explicitly agrees not to cross into After 9/11, there was a great notation A few of us just spoke a few minutes northern Iraq, as demanded by Presi- that in New York many children were ago about the waging and raging war. dent Bush; third, that Turkey agrees left abandoned or orphaned because We have said it over and over again. We they can provide only logistical sup- they were being raised by single par- voted today to encourage a period of port to the humanitarian effort in the ents in many instances, or their par- fasting and praying, whatever faith a north; fourth, that Turkey agrees to ents were in foreign countries, the person may have, if they desire to en- economic and banking reforms, as other parent. Interestingly enough, Mr. gage in such, a voluntary fasting and specified by international lending in- Speaker, interestingly enough, we praying. We did that today, and one of stitutions; and, fifth, that Turkey pro- found out that that was the case. the Members who spoke at this press vide full minority rights to its citizens, This body over a period of weeks conference on the question of peace so as provided for in international and passed legislation that I was very eloquently stated, and I recite his European conventions. gratified that I had authored that the words, that we pray for President Bush; Mr. Speaker, we should not be willing children of 9/11 in governmental bene- that he may be wise in his decisions; to provide huge sums of money to fits would be promoted first, would be and that he may reflect upon options countries that twist our arms in times first over others to receive benefits, re- for peace; and that we will have the op- of need. I hope we can address these sponding to a crisis. Why do we not re- portunity to bring these brave young needs while debating the President’s spond to the needs of our children now, men and women home; that we have supplemental appropriations request Mr. Speaker, before the crisis? the opportunity to press forward on a next week. Right now in our schools we are find- cease fire; that, in fact, we find our f ing out that young people are failing in way not to enter Baghdad, to increase their standardized tests; that there is the numbers of lost lives of both our THE PLIGHT OF THE NATION AND an unequal, if you will, educational troops and others. THE WORLD RELATING TO CHIL- system, separate and unequal, in many The $726 billion tax cut does not seem DREN of our rural and urban areas. The phys- to recognize that there must be mutual The SPEAKER pro tempore. Under ical plants are crumbling. sacrifice. Today, as we speak, young the Speaker’s announced policy of Jan- Just last week, I had the opportunity men and women are sacrificing for us, uary 7, 2003, the gentlewoman from to talk with some of my school dis- and they are willing to sacrifice their Texas (Ms. JACKSON-LEE) is recognized tricts. lives for us. How in the heck, Mr. for 60 minutes. Speaker, can a $726 billion tax cut, fail- Ms. JACKSON-LEE of Texas. Mr. b 1600 ing to take into consideration the Speaker, I appreciate this opportunity In speaking to them, and asking the enormous growing unemployment, the to bring to the attention of this Nation hard questions about homeland secu- $280-plus billion deficit right as we and my colleagues the combined plight rity, they are proceeding to put in speak and the $1 trillion deficit ex- of the Nation and the combined plight place that their skills will be safe pected to grow over a decade, how in of the world, particularly as it relates houses, safe places, a safe plan so that the world can we afford to pay for a to children. parents would know if there was a cri- growing, costly war which may cost It is certainly important, Mr. Speak- sis, that they did not need to run upwards of $1 trillion which would in- er, to note that we have been engaged quickly to the school to take their clude potential occupation and govern- in a budget process. That budget proc- child away. They might be in danger, ance of Iraq and maybe even alone, not ess will be impacting the children of but is it not interesting that this body with our allies? How can we afford a the Nation, so I wanted to speak today has not seen fit to pass a program to $726 billion tax cut? about how we need to turn this Nation rebuild our schools. Might I draw from the words of the around. A plan that we have offered, the gentleman from New York (Mr. RAN- I am reminded, Mr. Speaker, that Democrats have offered over and over, GEL) in the idea of mutual sacrifice. I just a few years ago we had great focus the school construction plan, to rebuild would not expect that there would be and concern on the high schools of our America’s crumbling schools. We could one ‘‘no’’ vote in corporate America Nation as gun violence broke out have done this two sessions ago, but and the richest of us in America, one across the Nation in urban areas, rural our good friends on the other side of ‘‘no’’ vote to say I will bypass the $726 areas. It was baffling to most of us. the aisle thought that this was an un- billion tax cut for the troops, for re- The most striking was Columbine. necessary expenditure and look where building Iraq and for our children. Enormous carnage occurred at the we are today. Looking at school build- We have not been shown by the Na- hands of young people. ings as potential safe houses, pro- tion’s media, American media, the dev- During that time, we had many moting safe plans that would keep chil- astation that is being promoted or meetings in this House and great con- dren inside schools. Do we not need the being wrecked in Iraq. I am talking cern with funding for juvenile pro- same kind of important and well-struc- about the civilians. We already know grams; great interest in gun reform, if tured physical structure that, of the sanction has caused a huge number

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.111 H27PT1 H2458 CONGRESSIONAL RECORD — HOUSE March 27, 2003 of deaths of Iraqi children. We already I know that a good friend of mine, because they were too embarrassed to know that has been occurring, pre- former Congressman Cleo Fields, who I have college presidents come and tell ceding us entering the country because am delighted to see has joined us on them how many services will be cut of their inability to get medical care the floor, was a champion for ensuring and how much they would be raising and food; but we do not know what that we not only balance friendship their tuition. What an embarrassment. kind of damage we are facing. overseas, but he was a champion on Already, we know that school lunch Mr. Speaker, I have been very fortu- school issues and the issues of pro- programs are in jeopardy, and, yes, nate as a Member of Congress. My con- viding for our children, representing loans for our college students. What is stituents honor me. This body honors his constituents out of Louisiana. our concern for the children? me. I am honored to be here, and out of Clearly, I can say to my colleagues Mr. Speaker, I would offer to say to that respect for my constituents, I that I would hope that our work would my colleagues we can do better, and have chosen to accept invitations to be befitting of his legacy and that we even though we have come to an end in visit our troops, invitations to be in would not see domestic spending going this week’s legislative effort, I believe Bosnia, Mr. Speaker, before the peace down. that we have to be responsible in in- treaty was signed, the very war that I It is certainly a crisis when we see vesting in our children and investing in heard many of my colleagues get up that over 10 years, $244 billion in do- America’s domestic tranquillity and its and oppose, and that happened to have mestic discretionary spending is going economy. been a NATO alliance effort and short out the window. We know what that We must be concerned about creating lived as it was. means, Mr. Speaker. It means the CHIP jobs. That helps improve the quality of By doing that, Mr. Speaker, I went to program, the Childrens Health Insur- life of our children because it improves cities like Sarajevo and saw the real- ance Program, that is what is going the quality of life of their parent or istic and real devastation of war, build- out. It means that Medicaid for chil- guardian or that grandmother. We tend ings, of which we would pride ourselves dren who need mental health services to forget things, and that is one of my as being historic, leveled, people walk- is going out. underlying themes. We are always ing the streets in tattered clothes. War Mr. Speaker, I have some informa- ready to put out the fire. I would like is ugly. tion coming that I think is extremely Kosovo, I saw the devastation of the to make sure we do not have a fire, and important, but it means that those million refugees marching and fleeing we all ran to put out the Enron fire. Lo kinds of resources are coming quickly, the killing that might have occurred if and behold the collapse of corporate in- they had not left their homeland, and I hard hitting, and it is coming on top of tegrity, one of the largest bankruptcies see now still the work we have to do to States who, as we speak, Texas with a that we have ever seen and the laying restore those people. They were living $12 billion deficit, California with a $38 off of thousands of my constituents in huge refugee camps; and in visiting billion deficit, other States with enor- who were impacted, and they impacted those camps, I saw the ugliness of it, mous deficits. It seems it is coming the children that they were responsible the uncleanliness of it, and the pain. right when our States are hurting. for. The Kosovo war again was NATO al- Governors are hurting. Cities are hurt- The Democratic stimulus plan looks lies, but I went because it is best to see ing. It is extremely important. to creating jobs. Right now we have So I would ask that my colleagues firsthand both the presence of war and got a huge number of jobs being cut. I listen as we move toward designing the the vestiges of war. think upwards of 200,000 and less jobs So it is key that we recognize that emergency supplemental, that is, the are being created. The Democratic plan we may have to sacrifice to rebuild a appropriations that would include will create about twice as many jobs as nation that we are now at war with. I funding for the war. I would ask my the President’s budget, and the Repub- know Americans are caring people. I colleagues to consider the importance lican budget, according to mainstream know that because we move so swiftly of remembering our children, and I economic forecasting models, by cost- to provide humanitarian aid to our own would ask them to remember what we ing less than one-sixth as much over and to others, and so I know Americans are doing when we are cutting funds, the long term. and I am going to be citing a few for would want to be on the front lines of b 1615 helping those children and those fami- my colleagues. lies in Iraq. We mentioned $244 billion that we Democrats provide an immediate $136 I know that we would want to teach will see cut in domestic discretionary billion in tax cuts as opposed to $726 them other than terrorism and other spending below the current service billion. That is what you call mutual than issues that would divide our level over 10 years. In addition, the Re- sacrifice. It is a stimulus which we will world. But, Mr. Speaker, we cannot do publican budget requires $265 billion in immediately see. What does that do? It it with a $726 billion tax cut and an in- cuts to public benefits, as I said, vet- puts the children’s parents and guard- creasing amount of dollars for the war. erans benefits, Medicaid, Medicare. The ians back to work. Remember, I have We cannot do it with the budget that cuts are likely to hit veterans pro- said the children should be our pri- has been presented by the President or grams, loans for college students, ority. I believe that we have harmed the budget that has been passed by this school lunch programs, Medicaid, pen- the domestic tranquility. House by one vote. We cannot do it to sions for Federal employees and rail- We have failed our senior citizens by our veterans who clearly do not de- road employees and agricultural pro- not yet moving on a guaranteed robust serve a 28 percent cut in their budget grams. prescription drug plan, one that guar- and as well the door being closed at Recently, I visited with Forest Brook antees prescription drugs to our senior veterans hospitals on a daily basis. High School, the Jaguars, almost 500 citizens. Mr. Speaker, some of them are These are veterans that are parents of students in an auditorium. They were in fact the grandparents who are tak- young children. so bright. They were a recognized ing care of the children in many of our Mr. Speaker, I would simply say that school. They are moving to be an exem- communities through the tragedy of we have a lot of work to do if we care plary school. That means they are drug addiction or incarceration or for about our children. It is a disappoint- crossing the T’s and dotting the I’s as some failure to that child’s parent. The ment that we would offer this budget it relates to their academic prowess; grandparent steps in, they have the re- and this approach to America and the but they asked the hard questions sponsibility of caring for that child, world. I am disappointed that the about this war. But one young lady, a the responsibility of being on Medicare President’s budget raises spending on student, got up and said, Will I be able with no other funds and they cannot international affairs by substantially to have an education? I do not know, pay for their prescription drugs. Again, more than inflation. The cut to domes- Mr. Speaker, with this kind of budget the children are harmed. tic appropriations must be $129 billion; because Pell grants are being cut. Col- And so, Mr. Speaker, I think that we and might I balance my remarks, Mr. leges are being cut. need to begin to look constructively at Speaker, because I support our work I understand in some legislatures and how we can help the children. I want to internationally. I believe it is impor- States that college presidents were go for a moment to education and tant to gain friends. asked, send their testimony in writing health care and specifically to the

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.113 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2459 Leave No Child Behind Act. The Repub- the work room with a skill that can against it, because I know the ripple ef- licans cut 2004 appropriations for De- provide for them. fect that will occur if the Supreme partment of Education by $1.4 billion, Then I am concerned for the histori- Court pronounces it unconstitutional. 2.7 percent below the 2003 enacted level. cally black and Hispanic-serving insti- We will see affirmative action plans However, because Republicans matched tutions. Tragically, of course, we will being dismantled around the Nation. the President’s funding for several be hearing the Supreme Court argu- But to the credit of the private sector, Leave No Child Behind Act programs, ment on April 1 about affirmative ac- let me congratulate corporate America their across-the-board cut reduces all tion, the challenge of affirmative ac- where large numbers of them have sub- the education programs by 10.2 percent tion before the United States Supreme mitted, if you will, and there is a great below the President’s levels and by 8.3 Court, and I raise that as a tool, a vehi- deal of joy that they have submitted percent below the 2003 enacted pro- cle for many children in our Nation, amicus briefs in support of this plan. grams. young Hispanics, African Americans And so, Mr. Speaker, I hope that we Let me give you an example, Mr. and other minorities, women included, can all see the importance of being Speaker. Tremendous cuts to safe and who have utilized the tool of affirma- proactive and to be preventative. Cer- drug-free schools, after-school pro- tive action not to exclude anyone but tainly we have situations that that is grams, education for homeless chil- simply to give them a hand up. What a not occurring. As I have indicated, it is dren, vocational education and aid to tragedy that this administration in a extremely important that our children Historically Black Colleges and Uni- time when young men and women are be in the highest priority. I went off a versities and other programs. in harm’s way in the military to be little bit to the side on affirmative ac- How does that hit home? It hits able to note that this government tion and civil rights because I noted home, Mr. Speaker, in the course and would stand in opposition to affirma- that the cuts would impact historically manner of real people. Our school dis- tive action. We certainly hope that the black colleges and Hispanic-serving in- tricts are not celebrating that you are United States Supreme Court will lis- stitutions. America is only at its best cutting their safe and drug-free schools ten carefully to the arguments, and I when all of us have access to equal edu- because, Mr. Speaker, some of them believe that they will carefully assess cation. have been able to access those dollars that the University of Michigan affirm- Mr. Speaker, I want to speak to rural to help them in their homeland secu- ative action programs are in fact con- America, and I want to speak to urban rity needs. And so to cut the safe and stitutional. Many of us will be gath- America. We want to make sure that drug-free schools just puts the respon- ering in Houston, Texas, for a summit our educational systems are equal. I sibility or the burden on the local dis- on the question of affirmative action want to cite a Governor that I have tricts and their dwindling tax base and and the abysmal record of civil rights great respect for, Governor Mark gives the United States Government in this administration because we be- White, who came in and did something another free ride. We are saying to lieve that we do in fact leave children in Texas that was innovative and them, do you have a safe plan, are you behind if we do not promote the civil shocking: no pass, no play. The reason protecting the children where most rights of a Rosa Parks and Martin Lu- why he implemented that and that had children spend a great part of their life, ther King. We do not in fact provide op- to do with playing sports, and we are in in school; and we are telling them we portunities to continue for higher edu- Texas a football State. Every Friday are going to cut safe and drug-free cation. night you will find us right where we schools, the after-school programs. I think as an aside, it is important to need to belong with our families watch- Some years ago, Mr. Speaker, I note, Mr. Speaker, that civil rights is a ing the football, the basketball, the served as a member of the Houston very core part of America’s history. baseball. To be able to be a Governor City Council and in serving as a mem- There are moments that I was not and say no pass, no play was out- ber of the Houston City Council, I proud of America, as many of you rageous. But he did that because he did worked very hard to put in place for know, it would be certainly our slave not care to say that if you were in a the city of Houston after-school pro- history; but there are certainly mo- prominent school district, you had the grams in the parks. Let me com- ments that we can all be proud of right to a good education. He wanted pliment Mayor Lee P. Brown and the America because she sought corrective you to have a good education no mat- city of Houston and city council mem- measures. Though there was a violent ter where you were. bers for continuing that program and period through the civil rights era of And so the very fact that No Child having an expanded program that em- the 1960s and certainly voices being Left Behind is being cut is a tragedy. braces the churches. I was able to add raised of protest, there were moments The very fact that there are children $1 million to my district a year or two when America stood tall. The Voter being tested today and are failing ago to have that after-school program Rights Act of 1965, the Civil Rights Act standardized tests is a tragedy because continue. Who knows what will happen of 1964, the executive order on affirma- part of the laws that we put in place, now? Here we go dumping our burdens tive action that Richard Nixon signed, Mr. Speaker, for No Child Left Behind on our local communities. After-school those were positive moments. Why was to give those schools who had less programs are vital because we realize would we stoop to the level that we are moneys and their children were failing, statistically that children get in most stooping to, to have the United States to give them moneys to improve their of the trouble that they get into from Government challenge affirmative ac- teaching quality. We wanted to remedy 3 to 7 when parents are working and tion as a viable tool? the problem of failing students. We did the latchkey children are bound. The reason why I connect this to not want to condemn the school, close But we apparently in this body are being preventative and dealing with the school, condemn the children, con- not concerned because the President’s our children, Mr. Speaker, is because in demn the parents. We wanted to help budget, and I would imagine the budget Texas when the Hopwood decision was them. But here we go in 2003, failing to we voted on by one vote just a few days rendered, we lost large numbers of our provide the kind of support that we ago did the same thing. Homeless chil- Hispanic and African American young need. dren should be calculated as part of people because they were denied admis- Job training has been cut by this homeless families which increase all sion to our institutions of higher learn- budget, and I believe it again under- the time. Transitional home units are ing. We were willing to lose them and mines trying to get people reemployed. not being built but families who are deny them because of, I think, mis- I mentioned to you about Enron. There transient, who are moving from home directed decisions and others who are many of those individuals still un- to home, are part of our homeless fami- would represent that they are excluded employed. Some of them are overquali- lies and they have children. I know my because of affirmative action. Obvi- fied. Some of them need to be re- school district has a large number of ously, I find great pause and question trained. They represent a different set them; and we are cutting housing for as to why the United States Govern- of circumstances than those who need homeless children, our vocational edu- ment could not be on the side of argu- more training. But I would argue that cation which allows individuals to get ing for the constitutionality of the we should invest in human capital. skills and go from the high school to Michigan plan as opposed to being Again, domestic tranquility. I want to

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.115 H27PT1 H2460 CONGRESSIONAL RECORD — HOUSE March 27, 2003 give you the figure that the President’s that I think is extremely important, We are gratified and excited that funding for Pell grants would reduce and that is that 50 percent of our chil- Elizabeth Smart came home to her lov- the maximum Pell grants by $50; but dren heading towards college are not ing family. over a period of time, that has an im- prepared for college courses. That is a Mr. Speaker, we have a crisis of child pact. This is back to the level of the little tidbit that I wanted to add, be- abuse and child molestation, and we maximum award in 2002. As I said to cause it goes to the question of affirm- need to get in front of the problem. So you, Mr. Speaker, there are presidents ative action. It goes to the question of we need a budget that reinforces our who are saying in State schools that Leave No Child Behind, that once we support of child abuse prevention. We we are raising your tuition. That sort cut off K through 12, then of course we need to audit the Children’s Protective of puts a slice, if you will, to a number are simply cutting off opportunity. Services in many of our States, and I of individuals seeking higher education I want to applaud two amendments, am going to take a point of personal and goes to the question of that stu- or at least one amendment, one by leg- privilege and suggest that the Harris dent at Forest Brook High School ear- islative initiative by the gentleman County Children’s Protective Service lier this week who asked, will I be able from Pennsylvania (Mr. FATTAH), a has been working diligently to find to get an education? Mr. Speaker, I do constitutional amendment to provide abandoned children or to prevent aban- not know. equality for children, a bill of rights doned children but, more importantly, We will also be saying to those chil- for children as it relates to education. to be a stickler on ensuring that we are dren who need Head Start, that 28,000 But as I close on that topic, I want to attentive to children we have placed in of you because of this budget will not speak to another tragedy amongst our foster care. be able to attend Head Start. I am very midst, if you will, and that is the ques- We have had some ups and downs and proud of my children, as we all are. My tion of child abuse. Again, Mr. Speak- tragedies. We even just recently had a son is an 11th grader. My daughter is a er, I have said that this discussion this tragedy with a suicide in one of our new teacher. She is in a program that afternoon is about promoting our chil- mental health facilities dealing with should be promoted and complimented, dren, the interests of our children. The children, and I know that we will be fo- Teach for America. She is teaching in work of the Congressional Children’s cusing on that investigation in my own one of our schools in Houston. They are Caucus that I chair has been always to community. wonderful children, first graders. But promote children as a national agenda It happens to say that we need more many of them, Mr. Speaker, were not item, which is why legislation such as mental health facilities for our chil- able to participate in early childhood the 9/11 Save Our Children, the mental dren. That is a crisis as well. But there health legislation that was promoted, education where they were exposed to is no doubt, Mr. Speaker, that we are the issues that we discussed on men- learning and reading, and it is evident abandoning our children to the extent toring, the work being done with Af- in the difficulty of learning to read. that they need resources, they need ghan children, it is all about recog- This is what will happen if we cut education, they need affirmative ac- nizing the importance of protecting our enough funds that it would result in tion, they need civil rights. They need children. 28,000 low-income children not being the Children’s Health Insurance Pro- So I want to raise the question of gram. They need a peaceful world. able to utilize Head Start. Do we really where are our missing children and know what that means, Mr. Speaker? I They need a world without war. They why can they not be found and the fact need to bring some of the young par- am not sure we do. that we have a crisis in the Nation on I want to just cite H.G. Wells who ents home, similar to the young Ma- efforts to find our children. And I cite rine who has to make a choice with said, ‘‘Human history becomes more Rilya Wilson, the tragedy in Florida. 5- honorable service to her Nation and a and more a race between education and year-old Rilya Wilson was staying with 4-month-old baby because her husband catastrophe.’’ her grandmother in January of 2001 is already deployed on the front lines. Clearly if we allow generations to be when someone showed up saying they They need someone caring about their uneducated, if we create an equal di- were with the Department of Children vide, if we go back to pre-Thurgood plight. and Families and took her away. So I ask my colleagues as we begin Marshall’s argument to the Supreme A man claiming to need help finding this journey toward the passage of the Court in 1954 where we were arguing his dog grabbed 5-year-old Samantha emergency supplemental, as we pass against allegedly separate but equal, it Runnion while she played a board game the budget with one vote, as we talk was separate and unequal, or the with her friend on the front lawn of her Kerner Report in 1967 which said we home in Orange County, California. A about a $726 billion tax cut, where are live in a Nation black and white and body was found later in a gruesome our hearts for our children? Do we real- unequal. We are back there again in pose in a forested area less than an ly realize that children themselves the unequalness of housing, education hour’s drive away. Unfortunately, a need mental health services and they and health care. horrible discovery found that she had grapple with depression and we do not have enough beds in America for our b 1630 been molested and asphyxiated. The trail of evidence led police to a man children, mental health beds? Mr. Speaker, if we are to do that, who was acquitted of molesting two My dear, dear friend, the late Sen- then we are raising throngs of indi- girls 2 years ago. ator Paul Wellstone, a man that we vidual young people who maybe speak In my own district, we are still look- grew to love, championed for mental a different language, who are now dis- ing for Laura Ayala, crying, with her health services for all Americans, advantaged because they are not able family painfully wondering what hap- championed for parity in health care to get early childhood education, they pened. for mental health services, a champion are not able to get Head Start. Why Danielle van Dam’s body was recov- for going to any part of the world to would we, Mr. Speaker, want to under- ered. look and to investigate the plight of mine, if you will, our responsibilities Jahi Turner, a 2-year-old African children, a man who joined me in Hous- to those young people? And, Mr. Speak- American boy, disappeared after we ton, Texas where, we listened to 90 wit- er, I think it is important that we fight found Danielle van Dam on April 25. nesses about the plight of children against not promoting our children Clearly, we believe that our children without mental health services. Mr. first, and clearly the lack of funding are precious, but do we realize that Speaker, it was clearly a tragic loss, for Head Start is one of them. murder is the only major cause of but in his name as we move toward this Might I cite, Mr. Speaker, a rising childhood death that has increased process, might I simply ask my col- issue before I address the question of over the past 3 decades? About 200 to leagues to look at some of the issues our children living across the world, 300 children are taken in kidnappings that I have discussed and as well look and that is this question dealing again by strangers each year, with about 100 at some of the needs of children around with our little ones and the amount of of those kids found murdered. Typi- the world. money that we are going to see leaving cally black, Hispanic, and poor chil- So I will close with simply, Mr. them and going somewhere else. As I dren are disproportionately rep- Speaker, sharing some of the sights do that, let me just cite one other fact resented among that number. and the plights of our children. This

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.116 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2461 may not be an American child, but I Congress could engage in to show to of higher education as those institutions strive have described the pain that we are ex- the world that America has sought her to provide young minds with an academic en- periencing in this country and that our higher angels and the premises upon vironment that allows graduates to become budget clearly does not speak to that which she was founded, to create a productive members of the workforce. Whole pain. So I would ask that as we look to more perfect union? Is that not the semesters are lost when students have to be our budgeting process that we remem- America we all know and love? instructed at a remedial level even before they ber USAID and the funds needed to God bless this Nation, and God bless can begin basic college courses. To avert ad- help the children of the world, and I our troops. verse outcome support has to be given at the cite specifically the faces of Afghan ‘‘Human history becomes more and more a earliest levels of education to our youngest children and who knows what other race between education and catastrophe.’’ students. children will be facing a devastating H.G. Wells spoke those words in 1920 and Not long ago Bush signed into law the No condition. they are just as valid today. As our interact ion Child Left Behind Act, touting the Administra- When I visited Afghanistan, these are with technology increases in the workforce tion’s commitment to education. The Bush Ad- the children that I saw, a thousand of and in our day-to-day lives it is ever more vital ministration has proposed a budget that sug- them in an orphanage, covered with that our young people be educated to manipu- gests devastating cuts to primary and sec- sores, no school books, no pencils, no late that technology or they will be left behind. ondary education in this country. You should paper, very limited resources. Would We as a country will indeed be in danger of be aware of what that budget proposes and of this not be a better posture for Amer- falling behind. If our youth are not properly the profound impact the budget cuts would ica to take, one of peace, reconcili- educated from very early in life we are at risk make. ation, and humanitarian aid as we of losing them—at risk of losing our future. It His current budget cuts funding for Elemen- spend $1 billion a month in Afghani- is for that reason that I believe that the invest- tary and Secondary Education programs by stan? ment in human capital should be our highest $90 million! The Administration’s budget would These are the children and the faces priority. We are shortchanging our Founding shatter Head Start and threaten the quality that need to be helped, mother and Fathers who sought to make this a nation for services that the program provides. child. And there are children that are all. Head Start programs have helped prepare going to be left in terrible conditions The Founders knew something that James 20 million disadvantaged preschool children as well, children that we would want to Garfield would later say, ‘‘Next in importance for school. Yet because the House Republican help, our own children, America’s chil- to freedom and justice is popular education, budget would slash funding to Head Start, dren, that do not have Head Start. without which neither freedom nor justice can 28,000 preschool children could to be dropped They do not have health coverage. be permanently maintained.’’ from the program. The Administration’s budget They do not have housing because we As protecting our freedoms and our way of would freeze child care for the next five years are cutting homeless programs for chil- life is dear to us so must be the provision for forcing states to drop 200,000 children over dren. They do not have school coun- and maintenance of our public schools. I un- five years. That is 200,000 children who will selors who can do something other derstand that issues of student to teacher be dropped from the care they need to enter than paperwork. ratio, teacher’s salaries, funding on the fed- school prepared to learn. That is 200,000 chil- The children of America. They are eral, state and local levels are all issues that dren who need care while their parents are at under siege because child abuse is still those of us who care about education must work. rampant, sexual predators are about address. The House Republican budget proposal would force deep cutbacks in the Child Care and abound. So as we have done some Recently, I have co-sponsored a bill that and Development Block over the next ten good things, Mr. Speaker, that I ac- calls on the Secretary of Education to deter- years. Those cuts will sacrifice child care for knowledge, passing legislation that mine whether each State’s public school sys- tem is providing its students with the edu- thousands more children and families. speaks to runaway children and chil- These budget cuts are proposed, in order to cational resources necessary to meet chal- dren that are abducted, there is much pay for a tax cut for the most affluent of citi- lenging academic achievement standards and more work to be done. zens. The most affluent will benefit while the I would argue that if we are to be a to compete and succeed in a global economy. children will suffer. That is not justice. That is Nation of values, believing in the Dec- The bill is H.R. 236, to provide for adequate not the American way. That is not how we laration of Independence, that we all and equitable educational opportunities for demonstrate respect for our most important are created equal, with certain inalien- students in State public school systems, and values. able rights of life and liberty and the for other purposes. It contains a student bill of If the Republicans’ budget proposal is pursuit of happiness, we will respect rights that requires providing specified funda- passed it will demonstrate that America be- our conscience. We will respect the mental educational opportunity to students at lieves children and the poor should subsidize work that is done in this body. We will each and every public elementary and sec- tax breaks for the rich. not demean and degrade anyone who ondary school. The bill also requires providing If the Republican budget is passed it will rises to speak more for peace than for educational services in school districts that re- demonstrate that health care, Head Start, child war. Because we have to make choices, ceive funds for disadvantaged students that care, education, and after school programs and those choices should be for our are, taken as a whole, at least comparable to are not as important as adding to the bottom children, the longing of these faces who educational services provided in school dis- line of the wealthiest taxpayers. long for us to be credible and to be pre- tricts that do not receive such funds. In truth, the Republican plan would force se- ventative and to stop the gunfire, the NO CHILD LEFT BEHIND—REPUBLICAN BUDGET CUTS vere cutbacks in virtually every essential sup- violence, to stop the lack of foster par- A gap in funding education is harmful to our port for America’s most vulnerable children ents and care and the lack of jobs for children’s futures as well as to the future of and families over the next ten years in order their parents. our nation’s economy. In fact, poor edu- to hand a $90,000 tax cut to each millionaire See these faces, Mr. Speaker. Can we cational policy is injurious to our society as a this year. not be responsive? Will there not be a whole. If, in fact, no child is to be left behind then signal and a clarion call for the emer- In my district, the Houston Independent no dollar should be lost to education at a time gency supplemental to not bust the School District has more students in special when states and localities can least afford to budget and will there be the call for education than in gifted and talented pro- lose them. That’s why the proposed budget mutual sacrifice, tax cuts that stimu- grams: 58.5 percent of Houston Independent cuts from the Administration and House Re- late the economy, not bust the econ- School District students are considered at risk publicans are the wrong choice for America. omy? and 7.9 percent of Houston Independent The Children’s Defense Fund has said, ‘‘It is And, if the Members will, Mr. Speak- School District students study English as a time for new choices that invest more in chil- er, with these smiling faces I end on Second Language. dren than in millionaires, more in the poor the note an opportunity to bring the Across the country more than 50 percent of than in the powerful. It is time to make our young men and women home to a Na- urban college freshmen are not prepared for country live up to its promise of fair oppor- tion that will parade them and honor college courses. That has an obvious detri- tunity for every child and to demand that we them, but not only that, take care of mental impact on their ability to succeed at the truly Leave No Child Behind.’’ them and their families. Might this be college level. Ill-prepared freshmen also have Supporting education, Head Start, and child the kind of bipartisan spirit that this a deleterious affect on our nation’s institutions care is the way to truly began to create equal

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\CR\FM\K27MR7.119 H27PT1 H2462 CONGRESSIONAL RECORD — HOUSE March 27, 2003 opportunity for every child. That equal oppor- CHILD ABUSE Older children are less likely to have Med- tunity should continue beyond pre-school, ele- Five-year-old Rilya Wilson was staying with icaid coverage. Percentages of all children mentary and secondary school. It should con- her grandmother in January of 2001 when covered by Medicaid in 1995, by age group, tinue into the higher education institutions of someone showed up saying they were with were: 29.6 percent of children under six, 22.6 this country. the Department of Children and Families and percent of children between six and 11, and AFFIRMATIVE ACTION took her away. 17.2 percent of children 12 to 17. Significantly A man claiming to need help finding his dog This spring, the Court will decide whether more African American and Hispanic children grabbed 5-year-old Samantha Runnion while achieving a racially and ethnically diverse stu- than White children were covered by Medicaid she played a board game with her friend on in 1995: 45.4 percent of all African American dent body in institutions of higher learning is a the front lawn of her home in Orange County, ‘‘compelling state interest’’ such that the con- children, 37.4 percent of all Hispanic children, California. A body was later found in a grue- and 18.3 percent of all White children. sideration of race and ethnicity in public col- some pose in a forested area less than an lege admissions is constitutionally permissible. In 1995, 3.1 million (or 21.4 percent) poor hour’s drive away. An autopsy revealed she’d children were without health insurance. Poor The University of Michigan’s admissions pol- been molested and asphyxiated. A trail of evi- icy is at issue. The policy considers race as children comprised one-third (32 percent) of all dence led police to a man who was acquitted uninsured children in 1995. Over a 28-month one of several factors in a constitutionally per- of molesting two girls two years ago. missible manner that is narrowly tailored and period between 1992 and 1994, 30.0 percent In my own district these tragic acts of vio- of all children under the age of 18 lacked geared to address the compelling state inter- lence hit home. Laura Ayala, a 13-year-old est of achieving diversity. health insurance for at least one month (20.4 Latino girl from Houston was reported missing million). About 4 percent, or 2.8 million chil- While the University of Michigan does not after leaving her apartment to buy a news- dren, were uninsured for the entire 28-month set aside seats for minority applicants and has paper at a nearby gas station. Only her shoes period. no two-track system of considering applica- were found. tions, President Bush falsely described its pol- On April 25th, two months after Danielle van MENTAL HEALTH CARE icy as one dependent on a quota system that Dam’s body was recovered, Jahi Turner, a 2- As founder and Co-Chair of the Children’s rewards applicants solely on the basis of race. year-old African American boy disappeared, Congressional Caucus, I am a staunch advo- President Bush argues that ‘‘some states while playing in a San Diego Park. cate for the health and well being of children. Health care issues have been getting a lot are using innovative ways to diversify their In a study by the National Center for Miss- of press as far as Medicare and Medicaid are student bodies. Recent history has proven that ing and Exploited Children, law enforcement concerned and also in terms of a prescription diversity can be achieved without using officials identified pictures as the single most medication benefit for our seniors. We also quotas. Systems in California and Florida and important tool in the search for a missing hear a lot about HMOs and insurance cov- Texas have proven that by guaranteeing ad- child. One out of six children featured in photo erage. And that is as it should be. Health care missions to the top students from high schools campaigns is found as a direct result of the is among the most basic of needs concerning throughout the state, including low income photo. the American family. Whether one is unem- neighborhoods, colleges can attain broad ra- About 200 to 300 children are taken in ployed and uninsured or employed and under- cial diversity.’’ kidnappings by strangers each year with about insured health care is an issue a family might Bush also says, ‘‘In these states, race-neu- 100 of those kids found murdered. Typically, black, Hispanic and poor children are dis- face daily. tral admissions policies have resulted in levels The Administration’s budget would block of minority attendance for incoming students proportionately represented among that num- ber. grant Medicaid and jeopardize the health care that are close to, and in some instances slight- services that are now available for millions of ly surpass, those under the old race-based ap- Murder is the only major cause of childhood death that has increased over the past three low income children. Moreover, the Repub- proach.’’ decades. Over one-third of all sexual assaults lican House budget proposal would create In reality, The Harvard University Civil involve a child who was under the age of 12. more harm by forcing cutbacks in mandatory Rights Project has issued two reports that One in four children is sexually abused before spending programs. Those cuts could mean a conclude that percent plans are not effective the age of 18. One of every seven victims of $93 billion reduction in Medicaid funding over replacements for traditional affirmative action. sexual assault is under the age of six. the next ten years. Those cuts are likely to These percent plans dictate that a certain per- Over a four-to-five year period, 13.4 percent greatly increase the number of uninsured chil- centage of every graduating class of every of sex offenders recidivated with another sex- dren. high school in the state is admitted to a state ual offense. Insurance and health care are certainly school. Presumably, this removes other bar- Only 22 State sex offender registries collect issues that concern children and we, as a riers to minority enrollment and will provide a and maintain DNA samples as part of registra- body must do our utmost to address those diverse pool of students. The percent plans tion. We know that DNA helped police find the issues. It is important to remember that health cannot be applied at national universities, pri- suspect in the case of Samantha Runnion, care involves not only physical health but also vate universities, or graduate and professional and it is critical if we are going to capture mental health and mental health care is just school programs, and they simply do not yield other offenders. Despite the atrocities against as important for children as it is for adults. the levels of diversity that race-conscious ad- our children, only 22 State sex offender reg- In fiscal year 2001, I urged funding for chil- missions policies produce.’’ istries collect and maintain DNA samples as dren’s mental health services through the ap- In Texas, Florida and California, which the part of registration. propriation of a Mental Health Block Grant Administration holds out as successful exam- HEALTH CARE—CENSUS 2000 STATISTICS ON CHILDREN’S program in the amount of $420 million. In ad- ples of percent plans, there was low minority HEALTH CARE dition, I helped bring over $300 million to the enrollment in the universities before affirmative Uninsured rates for different age groups of health care industry in the 18th Congressional action was ended, despite the fact that all children are not statistically different: 13.3 per- District of Texas and know these funds are an three have rising population rates of African- cent of children under six are uninsured, 13.5 essential investment in the future of children. Americans and Hispanics. The Harvard study percent of children six to 11 are uninsured, It is important for their well-being and for noted that students in these states face great and 14.5 percent of those 12 to 17 are unin- their development. So we must support mental educational disparities long before the college sured. health programs for America’s youth. That is level, disparities that are reinforced through Hispanic children are far less likely to have the reason that at the beginning of this Con- the percent plans. health insurance than White or African Amer- gress I cosponsored H.R. 81, the Give a Kid Affirmative action is critically needed to ican children, and African American children a Chance Omnibus Mental Health Services achieve diversity in our universities. When stu- were somewhat less likely to have health in- Act of 2003. dents complete their K–12 education they surance than White children: 26.8 percent of Give a Kid a Chance is a bipartisan bill, co- need to know that the doors of higher edu- Hispanic children were without health insur- sponsored by Representative ILEANA ROS- cation will be open to them. The diversity that ance in 1995, 15.3 percent of African Amer- LEHTINEN, my fellow co-chair of the Congres- is sought benefits the entire student body and ican children, and 13.4 percent of White chil- sional Children’s Caucus. enhances the educational experience for all dren. American youth are struggling to come to students. The plurality of backgrounds and life In 1995, 66.1 percent of all children under grips with a confluence of disturbing issues. experiences contribute to the robust learning age 18 were covered by a privately purchased On a daily basis, they face the dangers of environment that serves as the hallmark of or employment-based health plan, and 23.2 drugs, smoking, violence and the fear of ter- quality institutions of higher learning. percent were covered by Medicaid. rorism. Added to the more traditional problems

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 9920 E:\CR\FM\A27MR7.077 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2463 that plague adolescents—pressure from We continue to wrestle with the devastation care costs that are being incurred by school, family, and peers—it seems this bar- that drug abuse creates in our communities. It States, by taxpayers in the various rage may be taking its toll on the mental is particularly important that we support pro- States, and by, of course, all taxpayers health of our children. Those children living in grams that will aid our youth in finding alter- in the Nation as Federal taxpayers. I the wake of the attacks of 9/11, or those living natives to drug use. Grants will help our chil- say ‘‘condensed,’’ because this par- in broken homes, may be particularly vulner- dren stand up against drugs. It clearly benefits ticular map only takes a look at the able. However, no child is immune. the whole of our society when we help those uncompensated medical costs along A recent survey revealed that 13.7 million most vulnerable before they enter into a life of our border, in California, Arizona, New children nationwide suffer from mental health substance abuse and crime. Mexico and Texas. problems. At least one in five children and f This is an annual expenditure. It says adolescents has a diagnosable mental, emo- these costs represent only hospital THE COSTS OF IMMIGRATION, tional, or behavioral problem. That is 20 per- costs. By the way, it is condensed ILLEGAL AND LEGAL cent. However, 75 to 80 percent of these chil- again into just hospital costs in those dren do not receive any services in the form The SPEAKER pro tempore (Mr. four States. This is the emergency of specialized treatment or other mental health BRADLEY of New Hampshire). Under the medical services costs. This, again, is intervention. Speaker’s announced policy of January condensed. It is not for all immigrants; Unchecked mental illness in the young can 7, 2003, the gentleman from Colorado it is just for illegal immigration. lead to academic failure, substance abuse, vi- (Mr. TANCREDO) is recognized for 60 These costs that we are going to talk olence, or suicide. In fact, adolescent depres- minutes. about here are not the Nation’s costs, sion is increasing at an alarming rate. Recent Mr. TANCREDO. Mr. Speaker, I want just for four States. They are not all surveys indicate that as many as one in five to talk tonight about another aspect of medical costs, just hospitals. They are teens suffers from clinical depression. Each the immigration issue that I so often not the costs of all immigration, just year, almost 5,000 young people between the come to the floor to discuss, and what the cost of illegal immigration. ages of 15 and 24 take their own lives. The I have decided to do is over the course One in four dollars of uncompensated rate of suicide for this age group has nearly of the next several weeks is to break emergency medical costs for Southwest tripled since 1960. Obviously, the youth men- this issue down into several of its com- and border hospitals can be attributed tal health programs we have in place are ei- ponent parts. Because it really is a fas- to ‘‘undocumented immigrants.’’ That ther ineffective or insufficient. cinating issue, immigration and immi- is a way of saying illegal immigration. Responsibility for mental healthcare is gration control, the impact of massive In California, $295 million; in Arizona, shared across multiple settings: schools, pri- immigration into this country, uncon- $97 million; in New Mexico, $45 million; mary care, the juvenile justice system, and trolled immigration, the impact of in Texas, $393 million in the Year 2000. child welfare. The bill I co-sponsored would having porous borders. Somebody does pay for this. Of course, establish school and community-based grant It really does matter. It is not just it is primarily the taxpayers of those programs that would help prevent, identify, something that we can observe and States that have to pick up the tab. and treat mental health problems in children think about as being really not in- But think about the real costs. Let and adolescents. Local educational agencies volved with and not important to our us go ahead and just extrapolate out that receive the grants would be required to Nation’s future. It will affect every sin- what the real costs to the Nation are in maintain a certain ratio of students per coun- gle aspect of our lives. It will affect us all States, because, I guarantee you, selor, nurse, psychologist, and social worker. socially and economically and politi- my State of Colorado has an enormous Grants will be funded with a matching require- cally. It really does have enormous im- cost for both legal and illegal immi- ment of $2 from private or local public entities, plications, the whole idea of massive grants accessing the welfare system for each $3 of federal funds. immigration into the United States, For too long we have ignored the mental both legal and illegal. and specifically, again, the health care health needs of young Americans. There is a So as I say, tonight I want to go into system. These costs are absorbed by clear cry for attention to the mental health of one specific aspect of this and focus on hospitals, by the doctors and, eventu- our children. We must answer that cry. I hope it for a while, and that is the costs of ally, of course, are paid for by the tax- others will support this bill, in a bipartisan way, illegal immigration and even to a large payer. and help our children through their formative extent massive legal immigration to One extensive study of the cost of il- adolescent years and help make them into our social service systems in this coun- legal immigration is the one we are healthy, well-adjusted adults. try, to our States and to the Federal pointing to here. It determined that care provided to illegal aliens costs ANTI-DRUG ACTIVITIES Government. Especially we are going On June 24, 2002 I joined the U.S. Depart- to focus again a little more narrowly in border hospitals $189.6 million in un- ment of Justice in announcing a $100,000 that area on health care. compensated medical emergency costs grant to the Houston Council on Alcohol and in the year 2000. Total reported uncom- b 1645 Drugs, the fiscal agent to the Coalition of Be- pensated costs at these same hospitals havioral Health Services. The Coalition will Mr. Speaker, there is probably no was $831 million. play a critical role in the prevention of sub- issue that is brought to our attention In other words, uncompensated costs stance abuse in youth in the 18th Congres- here more often and with more concern to illegal aliens, this is all costs, emer- sional District of Texas by strengthening com- on the part of our constituents than gency care to illegal aliens comprised munity anti-drug activities and reducing abuse the issue of health care, its 23 percent of the total uncompensated among youth. unaffordability, its inaccessibility, and costs incurred by those hospitals in the The 2002 project was a continuation and re- the fact is that it is a very, very seri- year 2000. finement of The Houston Council on Alcohol ous problem. The costs are rising so This, as I say, is just the tip of the and Drugs’ past goals: to reduce substance dramatically, such as in order to pay iceberg. It does not, as I mentioned, in- abuse among youth by 10 percent over the for new technologies. clude non-emergency services provided next 12 months, and encourage participation There are a lot of reasons for the by doctors or hospitals. Furthermore, and collaboration of all sectors of the commu- costs to increase. One reason is be- the study only covers the counties that nity including federal, state, and local govern- cause, of course, our health care sys- are along the border, the counties di- ment in an effort to increase resources for tem is being accessed by a lot of people rectly along that border. Total costs substance abuse prevention and reduction who are here illegally, they are not throughout the United States for all among youth. citizens of the United States, but also counties are unknown. However, if the The Houston Council on Alcohol and Drugs because in fact legal immigrants to the numbers for these southern border has distinguished itself as a leader in the fight United States access social services to counties are a sample for the whole Na- to save our young people from the perils of a higher extent than native citizens. So tion, the true costs of medical care is drug abuse. I applaud and will continue to the impact of massive immigration, in really the hundreds of billions of support these model programs that effectively both legal and illegal, on the system is dollars. motivate our youth to avoid drugs and equip enormous. Part of the problem is, of course, self- them with the skills necessary to have a This map is a condensed picture of induced. That is to say, the Federal healthy and productive life. our problem with regard to the health Government has passed legislation that

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.079 H27PT1 H2464 CONGRESSIONAL RECORD — HOUSE March 27, 2003 has exacerbated this problem. The So about a year and a half ago, I any more. They have been inundated Emergency Medical Treatment Act and think it was, the chairman of the Com- with people that come across the bor- Active Labor Act enacted in the Con- mittee on the Judiciary, the gentleman der to have children, and they cannot gress in 1996 made it illegal to ask im- from Wisconsin (Mr. SENSENBRENNER), pay for it, and, of course, that service migrant status prior to rendering serv- wrote a letter to the Department of is provided to them. ices in emergency rooms. As a result of Justice and asked the Attorney Gen- There are multiple reports that this, hospitals have no way of tracking eral what they were going to do to en- women come to the border just to wait information that would be helpful in force this particular part of the law until they go into labor and then be identifying the actual costs of care to that says, if you come here and access rushed not to Mexican hospitals but illegal immigrants. A lot of this, of a social service, somebody else is sup- American hospitals. One hospital in course, is estimated. posed to pay for that. It is supposed to California reported that near-term Being able to track this information be your sponsor. pregnant women will sit in cars in the in a consistent manner would not only Not one person to this date, to my parking lot and enter the emergency help in developing a policy to deal with knowledge, not one person in the past room when they go into labor. this problem but also assist in meas- 30 years has ever been held to account In the instances where these women uring how much medical services ille- by either the Federal Government or arrive at the border crossings, the Bor- gal aliens were really obtaining. any State agency. der Patrol, instead of returning them This brings me to another point here But that is something that we should to Mexico to be taken to Mexican med- that I think is worthy of mention. Let focus on and let people understand, Mr. ical facilities, they allow them into the us go to the legal immigrant in the Speaker, and that is it is not just the United States. When I asked the Cus- United States, somebody who has ar- Federal Government that could in fact toms officials about this, they say, rived here, let us say, in the last 5 go after the sponsor and get them to ‘‘You know, we are not medical people. years. live up to the obligation they signed on We don’t have that kind of expertise. In 1996, this Congress passed another to if their person goes on to the welfare We don’t know. Somebody says they law; and it said that anyone coming roles or has to access medical services. are sick, we wave them on in.’’ into the United States under what was But any aspect, any level of govern- We have been down there on our bor- called the Family Reunification Act ment that delivers the service can in der. You will see ambulances coming would have to identify a sponsor here fact seek that payment or repayment up to the border, coming up to the Cus- in the United States and that sponsor from the sponsor, any county that has had to agree to become financially lia- toms agent at the port of entry, and its social services accessed by a person ble for the person they were bringing saying, ‘‘You know, I have got this who is here as a recent immigrant. really sick person here, and I need to into the country. If that person were to Of course, illegal immigrants are not go onto some sort of social service, get through.’’ And they wave them on supposed to be eligible for anything; through. Ambulances are delivering onto welfare or access hospitals and be and yet, of course, we know that they unable to pay themselves for doctor sick people to our hospitals, sick peo- do access all of these services; and they bills, food banks, anything that was ple from Mexico, because the treat- have become quite adept at it. ment is better, and it is free. provided to this person coming in here The costs are enormous. But, at least under the Family Reunification Act, Now, I am sympathetic to the needs for the legal immigrants who are here, of the people who are in dire straits. I you had to have a sponsor. we could recoup a lot of these costs, be- By the way, we have had that law will tell you, this country can never be cause, as I say, statistically, it is generally on our books for 100 years. the health care provider to the Third shown that legal immigrants into the For 100 years an immigrant coming World. It is impossible. There is not United States do access social services into the United States had to have a that much money in America, let alone to a greater extent than non-immi- sponsor, and that sponsor took on some in the health care system. And yet that responsibility. The language is very grants. It is just a fact of life. is what is happening. Many people, of course, come to the plain on the documentation they have The issue here is one that does affect United States for the purpose of ob- to fill out, that, in fact, you are accept- everyone, and that is what I really taining health care to begin with. On ing financial responsibility for that want to try to point out when we talk our borders you can see it any day that person that you are bringing in. about these separate issues in migra- Now, that was the way it was for ev- you go down there. We have had re- tion. They do have an effect far beyond erybody. But in 1976 we reduced the ports at hospitals near the border, what one might think of to be an im- scope, the field, I suppose, to say, no, some of these States, where a bus load migration-related issue. we will just do it for people who are of individuals, a bus load of young So when we talk about costs at our coming in under the Family Reunifica- women about ready to give birth, will hospitals, when we talk about health tion Act. People who are coming in pull up and disembark and go into the care in general, it is important to un- under H–1B visas or any of the other hospital for the purpose of giving birth derstand the impact of immigration, work visas and all that sort of thing, in the United States, because we have both legal and illegal immigration, on not to worry, that is not going to mat- something we call the Anchor Baby the system and on every single tax- ter. Program. If you have your baby here, paying American. Well, as it turns out, about 75 to 80 right now the law says that child is a I have to ask you if that is fair? I just percent of all immigration into the citizen, regardless of whether or not its would like to know, Mr. Speaker, is United States is under the Family Re- parents are legally here. That is some- that fair? Is it fair that American tax- unification Act, so almost everybody thing also we need to address as a payers are being asked to pay for the here today, the recent immigrant in body. We are one of the only countries, health care benefits of people who are the last 5 years, let us say, 10 years, and maybe the only country in the not legal residents of this Nation? came under that particular provision of world, that has such a liberal policy b 1700 our immigration law. It says, if that is about allowing someone to become a the case, you need this sponsor. citizen. There is just no way that we can do Now, here is another one of those lit- But because of that and because of that and hope to maintain some qual- tle interesting aspects of law and the the various benefits that a person can ity in that system. way we treat law around here, espe- obtain as a result of having your child I visited, as I said, not too long ago, cially immigration law. It is ignored. It here, the social services, the WIC pro- near Douglas, Arizona; and I was talk- is ignored by States and the Federal gram, a whole bunch of other things, ing to a nurse at a hospital in Douglas, Government, because, you see, it says people will come here for just the pur- and she was telling me of the situation if a person accesses any of this and pose of having a child, so much so that that exists in that hospital. It is on the they are not a citizen of the United many of these hospitals along the bor- verge of bankruptcy. I believe it has al- States, somebody else is liable. But der are saying they are closing down ready. If I remember correctly, it has that means somebody has to go after their neonatal wards and delivery already claimed Chapter VII, I think it them. rooms because they cannot afford it is, and may go out altogether, and

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.121 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2465 there is one reason, and it is because of Medicaid for noncitizens, and how the names, but that is about it. And, this: they cannot afford to provide the heartless and how cruel. yes, we will give them out if somebody services to people who come across I suggest that one of the things the wants them; but, no, we are not going that border from Mexico and access State of Colorado could do, Mr. Speak- to go enforce this stuff. We have a lot them. They cannot afford to do it any- er, and every other State and every of other things to do. We are chasing more. The county is not that wealthy county, as a matter of fact, is begin to terrorists and whatever. And we cer- that they can keep it open. And when total up the costs for the provision of tainly do not want them to stop chas- this hospital closes, the nurse told me, services to noncitizens and then, all ing terrorists, but they can simply give there will not be another hospital. they have to do is communicate with the names to any county or any hos- There will be no hospitals available the Department of Justice, because by pital or any Department of Social within a 100-mile radius of Douglas, Ar- law, the Federal Department of Justice Services in this Nation that has had a izona. has to look at the names that it has cost that they have incurred in pro- So it does matter. It only matters, I provided and match them up against viding the services, and I suggest that guess, if one is in Douglas. You can the documents that were prepared and somebody in fact do that. It is the law. say, that is their problem, really. Too filled out for that person to come into And if one does not like the law, do bad. Those poor people in Douglas, Ari- the United States. as Colorado does: repeal Medicaid for zona, should probably move someplace So all that the hospitals have to do, noncitizens. else and get better health care. I assure all that any State has to do, all that The other part of this picture, of my colleagues that the problem is not any county has to do, if they want to course, is just welfare in general, and unique to Arizona, as more and more recoup some of the costs that they not just health care. As I said earlier people enter the United States. And by have been forced to lay out for the pro- on, it is a fact that immigrants into the way, we have to understand that vision of services to noncitizens legally the country will access social services Mexico contributes about 40 percent of here, is to actually take that step. to a greater extent than non- all of the illegal immigration into the Send the Department of Justice the immigrants. This may have always country. About 40 percent come from names, obtain them from your hos- been the case; but, Mr. Speaker, we Mexico, and we have another 40 percent pitals, from your clinics, from your De- never really had the ability to deter- of the people coming into this country partment of Social Services, obtain the mine that when my grandparents came illegally from places other than Mex- names of the people who are here as or, for the most part, most of the Mem- ico, and they are simply overstays. immigrants, send that to the Depart- bers here that serve in this body, I They come into our ports, to our air- ment of Justice, they will identify should say, would say when their ports, with visas; they come into the those people and who the sponsors are grandparents came, we could not really country legally, and they simply over- for each individual, and then each of have this kind of statistic. We would stay the visa. And 20 percent, another those entities can go to the sponsors not know, because there was nothing to 20 percent from along our northern bor- and ask them to live up to their re- access. When my grandparents came der enter the country illegally. At sponsibility that they said they would here, they had two choices: work or least that is the estimates we have live up to when they signed the docu- starve. That was it. There was nothing been given. ment. like a social service agency to provide My State, Colorado, is having a very As I say, it does not happen. I know any sort of relief. So we do not know difficult time, as most States are, try- that people are thinking, well, of what would have happened in 1900, but ing to meet their responsibilities, course, that is there, but nobody really we do know what is happening today. given the sad state of the economy in does it. So what. They access it. We In 1996, 22 percent of immigrant- many areas, the many problems we will pay for it. Nobody should do it. headed households used at least one have had with both drought and fire Well then, we should eliminate the law. major welfare program, compared to 15 and now a massive storm that actually We should repeal that law. If we are percent of native households. After a has caused the Governor to request not going to enforce it, like every decline in the 1990s, welfare use re- emergency aid. The problems that the other immigration law on the books al- bounded with 23 percent of immigrant State faces are not unique; most States most, we should repeal all immigration households using welfare compared to in the Nation, to some extent or an- laws if we are not going to enforce 15 percent of native households. The other, are in the same sort of fiscal di- them. If we do not mean it when we presently high rate of welfare used by lemma. pass the law, what is the purpose of all immigrant households stems from One of the things that they chose to of the debate we have here taking up their heavy reliance on Medicaid, I do was to look at one category; it was the time of the stenographer? It just mentioned that earlier, which has ac- called Medicaid services for nonciti- does not matter, if we are not going to tually risen modestly. In contrast, im- zens. Now, this is something many enforce the law. So let us repeal that migrant use of TANF funds has fallen States do. They provide Medicaid serv- portion that says, if you come into this significantly from a little under 6 per- ices. Now, Medicaid, of course, is a pro- country, you have to get a sponsor. Let cent to slightly over 2 percent, and gram that is designed to provide serv- us pull it back and say, you know food stamp use has also declined sig- ices for people who are financially un- what, we were just joking. It really nificantly. Now, these rates are only able to provide services for themselves. does not matter. You will get all of the slightly above those for native Ameri- And the States, many of them, decided services you want and the taxpayers of cans. The average value of benefits and to embark upon this very altruistic the country will pay for it. Let us be payments received by immigrant path and establish Medicaid for non- honest. households has changed little and re- citizens. And guess what? The use of But we go through this charade: well, mains at about 50 percent above that that particular program grew dramati- if you are going to come into the coun- which is the average for native Ameri- cally. I will be darned. They can get a try, you have to get a sponsor and fill cans. 50 percent match from the Federal this out right here and show us that So what we see is that again, there is Government. So they thought, let us do you are a fiscally responsible person. a cost attributed to massive immigra- it, it is, again, an altruistic thing to You have to actually show that you tion into this country, and our social do. Even though, as I said earlier, any- can take on that responsibility finan- service systems are overburdened, our one who is here legally has a sponsor, cially, so that you can do it. So people health care system is, of course, over- and that sponsor can be made to pay sign it, and then they know it is forgot- burdened, and our Social Security sys- for the person that they sponsored if ten about; nobody is going to actually tem is challenged. And I will add So- they do access these services, if some- force them to do it. cial Security here for a moment, be- one wants to do it. So Colorado axed As I mentioned to my colleagues, the cause to a large extent, it does fall, I that particular program. And there is a chairman of the Committee on the Ju- think, into the category of a social human cry about it. Almost every day, diciary wrote the letter to the Justice service. there is something in the paper about Department; and we got a letter back Social Security, there is always a de- the fact that Colorado has eliminated saying, essentially, yes, we do collect bate on this floor as to how long it is

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.123 H27PT1 H2466 CONGRESSIONAL RECORD — HOUSE March 27, 2003 going to last. And the trustees of the If this agreement goes through that all over. I am not talking about one lit- Social Security fund will give us dates will allow them to claim the time they tle thing here. This is all over the maybe 20 years out, sometimes 30 or 40 work in the United States for United country. The Organ Pipe Cactus Na- years out; but everybody said it is com- States Social Security benefits, then, tional Monument, I call it the Organ ing to a screeching halt, at least mid- of course, I assure the Members that Pipe Cactus National Dump because of century. And the reason is simple: the amount of money they will be col- what has happened there. there are relatively few people working lecting is far, far greater than the The fact is, we were walking through to support the number of people who amount of money they put into that one of these places 2 or 3 weeks ago. I are retired, and because, of course, de- system. was with several other Members of mographic profiles in this country now Mr. Speaker, there is a certain degree Congress and with a group of people are such that we see this increase, sig- of concern we should all have about the from the area who live in that area, nificant increase in the number of peo- Social Security system and the impact some of the ranchers down around ple who are living passed that magical of illegal immigration on the Social Douglas. They took us to one of these age of 62. So the costs are rising dra- Security system. pick-up sites on one rancher’s land. His matically. By the way, just a little tidbit, kind cattle cannot drink the water any- The United States of America is en- of a strange story emanating out of more. The water has been polluted by gaged in negotiations with the Govern- San Louis, a town in Arizona on the human waste that has drained into ment of Mexico to do something that is border with Mexico. San Luis is a town their system. Cattle eat the plastic referred to as ‘‘totalizing,’’ and what of 2,000 residents. It has 6,000 mail- bags and die. that means is this: that along with boxes. Everything has been turned into All their fences are torn down con- about 20 other countries, we have one of those little mailbox centers, stantly. So many people have gone agreements that say, if you work for a where it is a rented mailbox. Every- across the land, they have created company, if you are an American work- thing in the town, all the old 7–11 paths that will never, ever, or for a ing in Sweden for a Swedish company, stores and everything, are simply hundred years, if they are left in pris- that the time that you spend there will turned into a mailbox place because of tine condition, from now on it would be counted in your Social Security eli- the number of people who rent mail- take 100 years to get the land back to gibility and, likewise, a person from boxes. But these people who live in where it was. There are car tracks all Sweden working in the United States Mexico, they are Mexican citizens who over the place. for a Swedish company could count it once a month come across in the Again, the Sierra Club does not say a for their Social Security. That is just a United States to San Luis, collect their word about it. Imagine if this would reciprocal arrangement that we have Social Security checks, SSI money, happen anywhere else. Imagine if that with about 20 countries. It is called to- various other kinds of social services. would not be done by illegal immi- talization. It is not really a very big This was on a program called ‘‘20/20’’ grants into the United States, imagine deal. not too long ago. what the environmental community It is not unique. The town is not But now with Mexico, we are now would do about these kinds of things. unique. That happens all across the talking with them about providing They would go ballistic. We do not hear border. The Social Security system is that same benefit, providing American a word about it from them down there. Social Security benefits to illegal im- being jeopardized by the actions of peo- At any rate, we were walking migrants in the United States who are ple who are trying to commit fraud and through one of these pick-up sites. I working here illegally. by the reluctance of our government to looked down, and there is a tax form. It protect the Social Security system and Now, people will say, well, you know struck me because, of course, along to defend those borders. what, it is really right. Even if they with all this trash it was a strange There are sites that are located are illegally here, that is okay, because place to have a U.S. revenue, Depart- they are working and maybe paying throughout the Southwest. They are called pick-up sites. They are just ment of Revenue tax form, IRS form. into the system. Well, think again. A I picked it up. It was for a gen- places where massive numbers of peo- large number of people who come to tleman, a Mr. Delgado. At any rate, he ple have come through the border, this country illegally and seek low- had filled this out using, if I remember walked into the United States, and pay, low-skilled jobs are people who correctly, an ID number that the IRS gathered at certain places near a road, are not getting paid quote, ‘‘on the will give you simply by asking for one. books.’’ That is one reason why they sometimes a highway but more often You can have a taxpayer ID number. are sought after by employers. Employ- than not just a dirt road, because at a You fill it out with that. He claimed ers keep telling us, I just do not know point in time a truck will come and that he made $9,000 some last year and where to go. I have no place else to go. pick them up and take them into the paid about $1,800 in taxes and claimed I have jobs that no American citizen interior. about a $2,700 Earned Income Tax Cred- will take. Well, what they are saying Sometimes these places are mam- it. So when they do come and they do is, yes, no jobs that an American cit- moth. They are 50 or 100 acres of accu- in fact pay taxes, believe me, we are izen will take for what I want to pay, mulated trash, where literally thou- not getting the benefit of those tax dol- and I want to pay under the table and sands of people have accumulated on lars. They actually become a responsi- avoid all the other kinds of taxes. I can ranchlands, pristine desert environ- get somebody who will work here and ments. They have become essentially bility, a social service responsibility who is illegal. trash dumps. They have ruined the through the Tax Code. land. They have destroyed the prop- We have had estimates of literally b 1715 erty. They are places of enormous hundreds of millions of dollars in fraud What are they going to do about it? amounts of trash, paper, plastic, going to people in this particular one Who are they going to squeal to? human waste; because everybody has program, the Earned Income Tax Cred- So there is a large amount or there to discard everything, their coats, it program. But this I could not even are a great number of people who are backpacks and everything when they say would be fraudulent, because I working here under those conditions get onto these trucks in order to make think the fellow did what he was sup- who are simply not paying taxes. There more room to get more people packed posed to do: He got a tax ID number. are many others working here, and if into them. The fact that he was in the country they are paying taxes, they are work- They are told by the ‘‘coyote,’’ peo- illegally, the IRS does not care about ing at low-skill, low-wage jobs. The ple bringing them across, they have to that. They do not check it. They do not amount of taxes being collected from discard everything, and they do. They know. They do not care. They will send them would be certainly nothing in in- throw everything down, and there are a check. The Social Security system come tax, very little in Social Secu- all kinds of pharmaceutical drugs, will send a check. All one has to do is rity, and never enough to pay for what health care products, just tons of have a mailing address inside the they are going to, in fact, claim, be- trash. United States. Go to San Luis, get a cause they will work some time in By the way, where is the Sierra Club? box. Go to any town along that border. Mexico. This is an environmental disaster. It is They do. They come across.

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.124 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2467 They were interviewing them on tele- reform. Poll after poll after poll says by the United States, pursuant to 1 U.S.C. vision, all these people the first of the that the people of this country want 112b(a); to the Committee on International month coming across from Mexico. reform of this program. They want to Relations. 1486. A letter from the Secretary, Depart- They were interviewing them and say- reduce immigration to a manageable ment of Commerce, transmitting the annual ing, do you not know this is illegal, level. report for FY 2002 of the Department’s Bu- that you should not be doing it? And I have a bill to reduce immigration reau of Industry and Security; to the Com- they say, yes, but as long as you are to 300,000 people a year down from the mittee on International Relations. going to hand out the dough, are we present a little over 1 million people a 1487. A letter from the Chairman, Broad- not going to take it? year. I think that is a goal that we casting Board Of Governors, transmitting the Annual Program Performance Report on We cannot argue the logic. But do could achieve. I think we can still ben- the FY 2002 Performance Plan; to the Com- not tell me that immigration and po- efit by the diversity and the value, the mittee on Government Reform. rous borders, that these things do not added value that immigration can 1488. A letter from the Deputy Secretary, have an impact on a wide variety of ac- bring to the country, but we can begin Department of Defense, transmitting the De- tivities in the United States. Do not to operate our social services system partment’s FY 2002 Performance and Ac- tell me it does not have an impact far and we can begin to recover if we re- countability Report; to the Committee on Government Reform. beyond such those borders. These peo- duce the number of illegal immigrants 1489. A letter from the Chair, Equal Em- ple are receiving the brunt of it now, coming into the country by securing ployment Opportunity Commission, trans- but I assure the Members, it moves our borders and reducing legal immi- mitting the Commission’s FY 2002 Annual northward. All of us pay the price. Our gration, at least for 5 years while we Program Performance Report; to the Com- social security system is jeopardized, try to catch our breath. mittee on Government Reform. our health care system is jeopardized, 1490. A letter from the Chairman, Federal f Energy Regulatory Commission, transmit- our welfare system is overtaxed. ting the Commission’s FY 2002 Performance Immigration is something this Na- SPECIAL ORDERS GRANTED Report; to the Committee on Government tion has thrived on since its existence, By unanimous consent, permission to Reform. of course. Everybody here is an immi- address the House, following the legis- 1491. A letter from the Manager, Benefits Communications, U.S. AgBank, FCB, trans- grant or a son or a grandson or a great lative program and any special orders grandson, as far as we want to go, a mitting an annual report for the plan year heretofore entered, was granted to: ended December 31, 2001; to the Committee granddaughter of an immigrant. I do (The following Members (at the re- on Government Reform. not care if people call themselves Na- quest of Mr. CARDOZA) to revise and ex- 1492. A letter from the Under Secretary of tive Americans, but if we go back far tend their remarks and include extra- Commerce for Oceans and Atmosphere, Na- enough, their people came across a neous material:) tional Oceanic and Atmospheric Administra- tion, transmitting the annual report of the land bridge from Asia. Mr. PALLONE, for 5 minutes, today. There was no one here. There is no Coastal Zone Management Fund for the Na- Mr. CUMMINGS, for 5 minutes, today. tional Oceanic and Atmospheric Administra- indigenous population, at least that we Mr. KENNEDY of Rhode Island, for 5 tion for fiscal year 2002, pursuant to 16 U.S.C. can identify, so everyone, everyone in minutes, today. 1456a(b)(3); to the Committee on Resources. this country is an immigrant by back- Mr. CARDOZA, for 5 minutes, today. 1493. A letter from the Chief Justice, Su- preme Court of the United States, transmit- ground. That is great. However, that is Mr. MCGOVERN, for 5 minutes, today. totally irrelevant as to what we should ting amendments to the Federal Rules of Ms. CARSON of Indiana, for 5 minutes, Civil Procedure that have been adopted by be doing now about immigration. today. As I said earlier, when my grand- the Court, pursuant to 28 U.S.C. 2072; (H. Mr. DEFAZIO, for 5 minutes, today. Doc. No. 108—56); to the Committee on the parents came, they did not have TANF Mr. MCDERMOTT, for 5 minutes, Judiciary and ordered to be printed. programs, they did not have Earned In- today. 1494. A letter from the Chief Justice, Su- come Tax Credit, they had no social (The following Members (at the re- preme Court of the United States, transmit- service benefits. You worked or you ting amendments to the Federal Rules of quest of Mr. SIMPSON) to revise and ex- Evidence that have been adopted by the starved. That was it. tend their remarks and include extra- Now, we can debate whether we are Court, pursuant to 28 U.S.C. 2072; (H. Doc. neous material:) attracting people just for the benefits. No. 108—57); to the Committee on the Judici- Mr. MCCOTTER, for 5 minutes, today. ary and ordered to be printed. Certainly, it is an attraction when we Mr. KING of Iowa, for 5 minutes, April 1495. A letter from the Chief Justice, Su- consider the fact that our benefits are 1. preme Court of the United States, transmit- certainly relatively rich, considering ting amendments to the Federal Rules of the benefits that would be available to f Bankruptcy Procedure that have been adopt- ed by the Court, pursuant to 28 U.S.C. 2075; them in their country of origin, espe- ADJOURNMENT cially Mexico. It does impact America, (H. Doc. No. 108—58); to the Committee on Mr. TANCREDO. Mr. Speaker, I move the Judiciary and ordered to be printed. and this is an issue with which we must 1496. A letter from the Chief Justice, Su- deal. that the House do now adjourn. The motion was agreed to; accord- preme Court of the United States, transmit- I talked about the issue of border se- ting amendments to the Federal Rules of Ap- curity and national security last time. ingly (at 5 o’clock and 27 minutes pellate Procedure that have been adopted by I talked about the fact that, because p.m.), under its previous order, the the Court, pursuant to 28 U.S.C. 2072; (H. we have porous borders, our Nation is House adjourned until Monday, March Doc. No. 108—59); to the Committee on the more at risk than it would otherwise 31, 2003, at 12:30 p.m., for morning hour Judiciary and ordered to be printed. debates. 1497. A letter from the Program Analyst, be, especially in this time, a time of FAA, Department of Transportation, trans- war. That is only one part of the pic- f mitting the Department’s final rule — Modi- ture. It is a very significant part, it is EXECUTIVE COMMUNICATIONS, fication of Class E Airspace; Herington, KS a scary part, but it is only one part. [Docket No. FAA-2003-14457; Airspace Docket We talked about social services to- ETC. No. 03-ACE-10] received March 11, 2003, pur- night. We talked about the environ- Under clause 8 of rule XII, executive suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment, the impact on the environment. communications were taken from the mittee on Transportation and Infrastruc- Speaker’s table and referred as follows: ture. We talked about drugs, about a variety 1498. A letter from the Program Analyst, of other things that are attributable to 1484. A letter from the Deputy Director, FAA, Department of Transportation, trans- massive immigration, legal and illegal, Defense Security Cooperation Agency, trans- mitting the Department’s final rule — Modi- and do in fact matter. Mr. Speaker, I mitting notification with respect to a pro- fication of Class E Airspace; Cherokee, IA believe they matter to a majority of posed Letter of Offer and Acceptance (LOA) [Docket No. FAA-2003-14429; Airspace Docket the people in this country. to sell defense articles and services, pursuant No. 03-ACE-9] received March 11, 2003, pursu- I do not think that there is a bigger to 22 U.S.C. 2776(b); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee International Relations. on Transportation and Infrastructure. divide between what the people of this 1485. A letter from the Assistant Legal Ad- 1499. A letter from the Program Analyst, country want and what this govern- viser for Treaty Affairs, Department of FAA, Department of Transportation, trans- ment is willing to give them other than State, transmitting copies of international mitting the Department’s final rule — Modi- the area of immigration, immigration agreements, other than treaties, entered into fication of Class E Airspace; Larned, KS

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K27MR7.126 H27PT1 H2468 CONGRESSIONAL RECORD — HOUSE March 27, 2003 [Docket No. FAA-2003-14458; Airspace Docket DUSTRIES S.p.A. Model P-180 Airplanes 1517. A letter from the Program Analyst, No. 03-ACE-11] received March 11, 2003, pur- [Docket No. 2002-CE-47-AD; Amendment 39- FAA, Department of Transportation, trans- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 13056; AD 2003-04-08] (RIN: 2120-AA64) received mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- March 11, 2003, pursuant to 5 U.S.C. worthiness Directives; Raytheon Model ture. 801(a)(1)(A); to the Committee on Transpor- Hawker 800XP Airplanes [Docket No. 2001- 1500. A letter from the Program Analyst, tation and Infrastructure. NM-315-AD; Amendment 39-13011; AD 2002-26- FAA, Department of Transportation, trans- 1509. A letter from the Program Analyst, 22] (RIN: 2120-AA64) received March 11, 2003, mitting the Department’s final rule — Re- FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- alignment of Federal Airways V-72 and V-289; mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- MO [Docket No. FAA-2002-13413; Airspace worthiness Directives; Robinson Helicopter ture. Docket No. 02-ACE-6] received March 11, 2003, Company Model R44 Helicopters [Docket No. 1518. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2001-SW-45-AD; Amendment 39-13053; AD 2003- FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- 04-05] (RIN: 2120-AA64) received March 11, mitting the Department’s final rule — Air- ture. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the worthiness Directives; Boeing Model 767-300 1501. A letter from the Program Analyst, Committee on Transportation and Infra- Series Airplanes Modified by Supplemental FAA, Department of Transportation, trans- structure. Type Certificate STO1869AT-D [Docket No. mitting the Department’s final rule — Estab- 1510. A letter from the Program Analyst, 2002-NM-56-AD; Amendment 39-13002; AD lishment of Class E2 Airspace and Modifica- FAA, Department of Transportation, trans- 2002-26-14] received March 11, 2003, pursuant tion of Existing Class E5 Airspace; mitting the Department’s final rule — Air- to 5 U.S.C. 801(a)(1)(A); to the Committee on Ainsworth, NE; Correction [Airspace Docket worthiness Directives; Robinson Helicopter Transportation and Infrastructure. No. 02-ACE-8] received March 11, 2003, pursu- Company Model R22 Helicopters [Docket No. 1519. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2001-SW-44-AD; Amendment 39-13052; AD 2003- FAA, Department of Transportation, trans- on Transportation and Infrastructure. 04-04] (RIN: 2120-AA64) received March 11, mitting the Department’s final rule — Air- 1502. A letter from the Program Analyst, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the worthiness Directives; General Electric Com- FAA, Department of Transportation, trans- Committee on Transportation and Infra- pany CF6-50 and CF6-80C2 Turbofan Engines mitting the Department’s final rule — structure. [Docket No. 2001-NE-19-AD; Amendment 39- Amendment of Class E5 Airspace; Memphis, 1511. A letter from the Program Analyst, 13024; AD 2003-02-07] (RIN: 2120-AA64) received TN [Docket No. FAA-2002-13946; Airspace FAA, Department of Transportation, trans- March 11, 2003, pursuant to 5 U.S.C. Docket No. 02-ASO-29] received March 11, mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the worthiness Directives; Hartzell Propellers tation and Infrastructure. Committee on Transportation and Infra- Inc., Model HD-E6C-3B/E13890K Propellers 1520. A letter from the Attorney, Research structure. [Docket No. 2000-NE-45-AD; Amendment 39- and Special Programs Administration, De- 1503. A letter from the Program Analyst, 13049; AD 2003-04-01] (RIN: 2120-AA64) received partment of Transportation, transmitting FAA, Department of Transportation, trans- March 11, 2003, pursuant to 5 U.S.C. the Department’s final rule — Hazardous Ma- mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- terials: Security Requirements for Offerors worthiness Directives; MORAVAN a.s. Model tation and Infrastructure. and Transporters of Hazardous Materials Z-242L Airplanes [Docket No. 2000-CE-05-AD; 1512. A letter from the Program Analyst, [Docket No. RSPA-02-12064 (HM-232)] (RIN: Amendment 39-13037; AD 2003-03-13] (RIN: FAA, Department of Transportation, trans- 2137-AD67) received March 25, 2003, pursuant 2120-AA64) received March 11, 2003, pursuant mitting the Department’s final rule — Air- to 5 U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Boeing Model 737-600, Transportation and Infrastructure. 1521. A letter from the Chief, Regulations Transportation and Infrastructure. -700, -700C, -800, and -900 Series Airplanes and Administrative Law, USCG, Department 1504. A letter from the Program Analyst, [Docket No. 2002-NM-240-AD; Amendment 39- of Transportation, transmitting the Depart- FAA, Department of Transportation, trans- 13047; AD 2003-03-22] (RIN: 2120-AA64) received ment’s final rule — Safety Zone; Upper Mis- mitting the Department’s final rule — Air- March 11, 2003, pursuant to 5 U.S.C. sissippi River, Mile 179.2 to 180.0, St. Louis, worthiness Directives; Various Aircraft 801(a)(1)(A); to the Committee on Transpor- Missouri [COTP St. Louis, MO-02-010] (RIN: Equipped With Honeywell Primus II RNZ-850/ tation and Infrastructure. 2115-AA97) received February 27, 2003, pursu- -851 Integrated Navigation Units [Docket No. 1513. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2003-NM-41-AD; Amendment 39-13054; AD FAA, Department of Transportation, trans- on Transportation and Infrastructure. mitting the Department’s final rule — Air- 2003-04-06] (RIN: 2120-AA64) received March 1522. A letter from the Chief, Regulations 11, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to worthiness Directives; PIAGGIO AERO IN- and Administrative Law, USCG, Department the Committee on Transportation and Infra- DUSTRIES S.p.A. Model P-180 Airplanes of Transportation, transmitting the Depart- structure. [Docket No. 2002-CE-46-AD; Amendment 39- ment’s final rule — Security Zone; Tampa 1505. A letter from the Program Analyst, 13038; AD 2003-03-14] (RIN: 2120-AA64) received Bay, Florida [COTP TAMPA 02-064] (RIN: FAA, Department of Transportation, trans- March 11, 2003, pursuant to 5 U.S.C. 2115-AA97) received February 27, 2003, pursu- mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee worthiness Directives; SOCATA — Groupe tation and Infrastructure. on Transportation and Infrastructure. AEROSPATIALE Models TB 9, TB 10, TB 20, 1514. A letter from the Program Analyst, 1523. A letter from the Chief,Regulations TB 21, and TB 200 Airplanes [Docket No. 2002- FAA, Department of Transportation, trans- and Administrative Law, USCG, Department CE-43-AD; Amendment 39-13051; AD 2003-04- mitting the Department’s final rule — Air- of Transportation, transmitting the Depart- 03] (RIN: 2120-AA64) received March 11, 2003, worthiness Directives; Dornier Model 328-100 ment’s final rule — Security Zone; Amtrak pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and -300 Series Airplanes [Docket No. 2002- Railroad Bridge — Susquehanna River — mittee on Transportation and Infrastruc- NM-140-AD; Amendment 39-13042; AD 2003-03- Harford County, MD [CGD05-02-073] (RIN: ture. 17] (RIN: 2120-AA64) received March 11, 2003, 2115-AA97) received February 27, 2003, pursu- 1506. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- on Transportation and Infrastructure. mitting the Department’s final rule — Air- ture. 1524. A letter from the Chief, Regulations worthiness Directives; APEX Aircraft Model 1515. A letter from the Program Analyst, and Administrative Law, USCG, Department CAP 10 B Airplanes [Docket No. 2002-CE-04- FAA, Department of Transportation, trans- of Transportation, transmitting the Depart- AD; Amendment 39-13050; AD 2003-04-02] (RIN: mitting the Department’s final rule — Air- ment’s final rule — Safety Zone; Lower Mis- 2120-AA64) received March 11, 2003, pursuant worthiness Directives; Hartzell Propeller sissippi River, Miles 120.5 to 122.5, Above to 5 U.S.C. 801(a)(1)(A); to the Committee on Inc., Model HC-C2YR-4CF Propellers [Docket Head of Passes, Luling, Louisiana [COTP Transportation and Infrastructure. No. 2001-NE-48-AD; Amendment 39-13045; AD New Orleans-02-016] (RIN: 2115-AA97) received 1507. A letter from the Program Analyst, 2003-03-20] (RIN: 2120-AA64) received March February 27, 2003, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- 11, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Transpor- mitting the Department’sfinal rule — Air- the Committee on Transportation and Infra- tation and Infrastructure. worthiness Directives; British Aerospace structure. 1525. A letter from the Chief, Regulations Model HP.137 Jetstream Mk.1, Jetstream Se- 1516. A letter from the Program Analyst, and Administrative Law, USCG, Department ries 200, Jetstream Series 3101, and Jet- FAA, Department of Transportation, trans- of Transportation, transmitting the Depart- stream Model 3201 Airplanes [Docket No. mitting the Department’s final rule — Air- ment’s final rule — Anchorage Grounds and 2002-CE-14-AD; Amendment 39-13055; AD 2003- worthiness Directives; Honeywell Inter- Safety Zone; Delaware Bay and River 04-07] (RIN: 2120-AA64) received March 11, national, Inc., (formerly AlliedSignal, Inc. [CGD05-02-066] (RIN: 2115-AA97 and 2115- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Textron Lycoming) ALF502L-2, AA98) received February 27, 2003, pursuant to Committee on Transportation and Infra- ALF502L-2C, ALF502R-3 and ALF502R-3A Se- 5 U.S.C. 801(a)(1)(A); to the Committee on structure. ries Turbofan Engines [Docket No. 2002-NE- Transportation and Infrastructure. 1508. A letter from the Program Analyst, 34-AD; Amendment 39-13017; AD 2003-02-01] re- 1526. A letter from the Chief, Regulations FAA, Department of Transportation, trans- ceived March 11, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- of Transportation, transmitting the Depart- worthiness Directives; PIAGGIO AERO IN- tation and Infrastructure. ment’s final rule — Safety Zone; Casino

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\L27MR7.000 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2469 Magic Marina, Bay St. Louis, Mississippi 1536. A letter from the Chief, Regulations 1546. A letter from the Chief, Regulations [COTP New Orleans-02-015] (RIN: 2115-AA97) and Administrative Law, USCG, Department and Administrative Law, USCG, Department received February 27, 2003, pursuant to 5 of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- U.S.C. 801(a)(1)(A); to the Committee on ment’s final rule — Security Zonel; Apra ment’s final rule — Safety Zone; Fireworks Transportation and Infrastructure. Harbor, Guam (Hotel Wharf) [COTP Guam 02- Display for Hammond Marina, Hammond, IN 1527. A letter from the Chief, Regulations 017] (RIN: 2115-AA97) received February 27, [CGD09-02-075] (RIN: 2115-AA97) received Feb- and Administrative Law, USCG, Department 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the ruary 27, 2003, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Transpor- ment’s final rule — Security Zone; Captain structure. tation and Infrastructure. of the Port Detroit Zone, Detroit Ambas- 1537. A letter from the Chief, Regulations 1547. A letter from the Chief, Regulations sador Bridge [CGD09-02-516] (RIN: 2115-AA97) and Administrative Law, USCG, Department and Administrative Law, USCG, Department received February 27, 2003, pursuant to 5 of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- U.S.C. 801(a)(1)(A); to the Committee on ment’s final rule — Safety Zone; Severn ment’s final rule — Security Zone; Presi- Transportation and Infrastructure. River and Spa Creek, Annapolis, Maryland dential Visit, Prouts Neck, Scarborough, ME 1528. A letter from the Chief, Regulations [CGD05-02-070] (RIN: 2115-AA97) received Feb- [CGD01-02-098] (RIN: 2115-AA97) received Feb- and Administrative Law, USCG, Department ruary 27, 2003, pursuant to 5 U.S.C. ruary 27, 2003, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- ment’s final rule — Security zone; Cruise tation and Infrastructure. tation and Infrastructure. ship, Resurrection Bay, Alaska [COTP West- 1538. A letter from the Chief, Regulations 1548. A letter from the Chief, Regulations ern Alaska 02-012] (RIN: 2115-AA97) received and Administrative Law, USCG, Department and Administrative Law, USCG, Department February 27, 2003, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- 801(a)(1)(A); to the Committee on Transpor- ment’s final rule — Moving Safety Zone; ment’s final rule — Safety Zone; Illinois tation and Infrastructure. Lake Erie, Buffalo, NY [CGD09-02-507] (RIN: River, Mile Mark 157.6 to 166.6, Peoria, Illi- 1529. A letter from the Chief, Regulations 2115-AA97) received February 27, 2003, pursu- nois [COTP St. Louis-02-007] (RIN: 2115-AA97) and Administrative Law, USCG, Department ant to 5 U.S.C. 801(a)(1)(A); to the Committee received February 27, 2003, pursuant to 5 of Transportation, transmitting the Depart- on Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on ment’s final rule — Security Zone: All water 1539. A letter from the Chief, Regulations Transportation and Infrastructure. within 100 ft of the M/V REGAL PRINCESS and Administrative Law, USCG, Department 1549. A letter from the Chief, Regulations while transiting Apra Harbor and while of Transportation, transmitting the Depart- and Administrative Law, USCG, Department moored at F-1 and F-4 Wharfs, Port Author- ment’s final rule — Security Zone; Apra Har- of Transportation, transmitting the Depart- ity of Guam, Territory of Guam [COTP bor, Guam (F-1 Wharf) [COTP GUAM 02-019] ment’s final rule — Security zone; Coast GUAM 02-015] (RIN: 2115-AA97) received Feb- (RIN: 2115-AA97) received February 27, 2003, Guard Vessel, Resurrection Bay, Alaska ruary 27, 2003, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [COTP Western Alaska 02-009] (RIN: 2115- 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- AA97) received February 27, 2003, pursuant to tation and Infrastructure. ture. 5 U.S.C. 801(a)(1)(A); to the Committee on 1530. A letter from the Chief, Regulations 1540. A letter from the Chief, Regulations Transportation and Infrastructure. and Administrative Law, USCG, Department 1550. A letter from the Chief, Regulations and Administrative Law, USCG, Department of Transportation, transmitting the Depart- and Administrative Law, Department of of Transportation, transmitting the Depart- ment’s final rule — Safety Zone; Wings Over Transportation, transmitting the Depart- ment’s final rule — Safety Zone, Piankatank the Lake Air Show, Michigan City, IN ment’s final rule — Safety Zone; Poker Run, River, Hills Bay, Mathews, Virginia [CGD05- [CGD09-02-051] (RIN: 2115-AA97) received Feb- Lake Michigan, Hammond, IN [CGD09-02-052] 02-046] (RIN: 2115-AA97) received February 27, ruary 27, 2003, pursuant to 5 U.S.C. (RIN; 2115-AA97) received February 27, 2003, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Transportation and Infra- tation and Infrastructure. mittee on Transportation and Infrastruc- structure. 1531. A letter from the Chief, Regulations ture. 1541. A letter from the Chief, Regulations and Administrative Law, USCG, Department 1551. A letter from the Chief, Regulations of Transportation, transmitting the Depart- and Administrative Law, USCG, Department and Administrative Law, USCG, Department ment’s final rule — Security Zone; Upper of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- Mississippi River, Mile 179.2 to 180.0, St. ment’s final rule — Security Zones; Captain ment’s final rule — Security Zone; Portland Louis, Missouri [COTP St. Louis, MO-02-009] of the Port Detroit Zone, Detroit Renais- International Airport [CGD13-02-014] (RIN: (RIN: 2115-AA97) received February 27, 2003, sance Waterfront Area [CGD09-02-517] (RIN: 2115-AA97) received February 27, 2003, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2115-AA97) received February 27, 2003, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Transportation and Infrastruc- ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. ture. on Transportation and Infrastructure. 1552. A letter from the Chief, Regulations 1532. A letter from the Chief, Regulations 1542. A letter from the Chief, Regulations and Administrative Law, USCG, Department and Administrative Law, Department of and Administrative Law, USCG, Department of Transportation, transmitting the Depart- Transportation, transmitting the Depart- of Transportation, transmitting the Depart- ment’s final rule — Safety Zone; Missouri ment’s final rule — Security zone; Ferry ves- ment’s final rule — Safety Zone; Yazoo Di- River, Mile Mark 29.0 to 27.5, St. Charles, sel, Resurrection Bay, Alaska [COTP West- version Canal, Vicksburg, Mississippi [COTP Missouri [COTP St. Louis -02-008] (RIN: 2115- ern Alaska 02-011] (RIN: 2115-AA97) received New Orleans-02-014] (RIN: 2115-AA97) received AA97) received February 27, 2003, pursuant to February 27, 2003, pursuant to 5 U.S.C. February 27, 2003, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. tation and Infrastructure. tation and Infrastructure. 1553. A letter from the Chief, Regulations 1533. A letter from the Chief, Regulations 1543. A letter from the Chief, Regulations and Administrative Law, USCG, Department and Administrative Law, USCG, Department and Administrative Law, USCG, Department of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- ment’s final rule — Security Zone; Chesa- ment’s final rule — Safety Zone Regulations; ment’s final rule — Safety Zone; Grand peake Bay, Hampton Roads, Elizabeth River, Atlantic Ocean, Daytona Beach, FL [COTP River, Grand Haven, MI [CGD09-02-074] (RIN: Virginia [CGD05-02-077] (RIN: 2115-AA97) re- Jacksonville 02-080] (RIN: 2115-AA97) received 2115-AA97) received February 27, 2003, pursu- ceived February 27, 2003, pursuant to 5 U.S.C. February 27, 2003, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- on Transportation and Infrastructure. tation and Infrastructure. tation and Infrastructure. 1544. A letter from the Chief, Regulations 1554. A letter from the Chief, Regulations 1534. A letter from the Chief, Regulations and Administrative Law, USCG, Department and Administrative Law, USCG, Department and Administrative Law, USCG, Department of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- ment’s final rule — Safety Zone Regulations; ment’s final rule — Security Zone Regula- ment’s final rule — Security Zone; Ellis and Atlantic Ocean, Cocoa Beach, FL [COTP tions, Motor Vessel JOINT VENTURE, Puget Liberty Islands, New York/New Jersey Jacksonville 02-093] (RIN: 2115-AA97) received Sound, Washington [CGD13-02-013] (RIN: 2115- [CGD01-02-111] (RIN: 2115-AA97) received Feb- February 27, 2003, pursuant to 5 U.S.C. AA97) received February 27, 2003, pursuant to ruary 27, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. Transportation and Infrastructure. tation and Infrastructure. 1545. A letter from the Chief, Regulations 1555. A letter from the Chief, Regulations 1535. A letter from the Chief, Regulations and Administrative Law, USCG, Department and Administrative Law, USCG, Department and Administrative Law, USCG, Department of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- ment’s final rule — Safety Zones; Sail for ment’s final rule — Security Zone; Boundary ment’s final rule — Security Zones; Port of America and Around Alone Race, Port of Channel Lagoon — Potomac River — Wash- New York/New Jersey [CGD01-02-109] (RIN: New York/New Jersey [CGD01-02-106] (RIN: ington, D.C. [CGD05-02-074] (RIN: 2115-AA97) 2115-AA97) received February 27, 2003, pursu- 2115-AA97) received February 27, 2003, pursu- received February 27, 2003, pursuant to 5 ant to 5 U.S.C. 801(a)(1)(A); to the Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on on Transportation and Infrastructure. on Transportation and Infrastructure. Transportation and Infrastructure.

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L27MR7.000 H27PT1 H2470 CONGRESSIONAL RECORD — HOUSE March 27, 2003 1556. A letter from the Chief, Regulations H.R. 1459. A bill to amend the Internal Rev- By Mr. CAPUANO (for himself, Mr. and Administrative Law, USCG, Department enue Code of 1986 to provide tax credits for JONES of North Carolina, Mr. EVANS, of Transportation, transmitting the Depart- making energy efficiency improvements to Ms. LEE, Mr. MEEHAN, Mr. FRANK of ment’s final rule — Security Zone: All wa- existing homes and for constructing new en- Massachusetts, Mrs. MCCARTHY of ters within 100 ft of the M/V FUJI MARU ergy efficient homes; to the Committee on New York, Mr. RYAN of Ohio, Mrs. while transiting the harbor and while Ways and Means. JONES of Ohio, Mr. OLVER, and Mr. moored at Charlie Dock, Commonwealth By Mr. RENZI (for himself, Mr. SMITH MARKEY): Port Authority, Saipan (CNMI) [COTP of New Jersey, Mr. EVANS, Mr. BROWN H.R. 1466. A bill to amend the Internal Rev- GUAM 02-014] (RIN: 2115-AA97) received Feb- of South Carolina, Mr. MANZULLO, enue Code of 1986 to reduce the health insur- ruary 27, 2003, pursuant to 5 U.S.C. Mr. BEAUPREZ, and Mr. MICHAUD): ance costs for family coverage of military re- 801(a)(1)(A); to the Committee on Transpor- H.R. 1460. A bill to amend title 38, United servists called to active duty; to the Com- tation and Infrastructure. States Code, to permit the use of education mittee on Ways and Means. 1557. A letter from the Chief, Regulations benefits under such title for certain entre- By Mr. COLLINS: and Administrative Law, USCG, Department preneurship courses, to permit veterans en- H.R. 1467. A bill to amend title 49, United of Transportation, transmitting the Depart- rolled in a vocational rehabilitation program States Code, to impose a 2-year moratorium ment’s final rule — Security Zone: All wa- under chapter 31 of such title to have self- on the imposition of passenger and air car- ters within 100 ft of the M/V REGAL PRIN- employment as a vocational goal, and for rier security fees, to reimburse the airline CESS while transiting the harbor and while other purposes; to the Committee on Vet- industry for homeland security costs, and for moored at Charlie Dock, Commonwealth erans’ Affairs, and in addition to the Com- other purposes; to the Committee on Trans- portation and Infrastructure. Port Authority, Saipan (CNMI) [COTP mittee on Small Business, for a period to be By Mr. COLLINS: GUAM 02-013] (RIN: 2115-AA97) received Feb- subsequently determined by the Speaker, in H.R. 1468. A bill to amend the Internal Rev- ruary 27, 2003, pursuant to 5 U.S.C. each case for consideration of such provi- sions as fall within the jurisdiction of the enue Code of 1986 to modify the depreciation 801(a)(1)(A); to the Committee on Transpor- of natural gas pipelines, equipment, and in- tation and Infrastructure. committee concerned. By Mr. BOEHLERT (for himself and frastructure assets to be 10-year property; to 1558. A letter from the Chairman, Advisory the Committee on Ways and Means. Panel to Assess Domestic Response Capabili- Mr. UDALL of Colorado): H.R. 1461. A bill to provide for the estab- By Mrs. DAVIS of California: ties For Terrorism Involving Weapons of H.R. 1469. A bill to amend the Public Mass Destruction, transmitting the Panel’s lishment by the Secretary of Energy of a pilot program and a development and dem- Health Service Act, the Employee Retire- fourth annual report entitled, ‘‘Imple- ment Income Security Act of 1974, and the onstration program for clean fuel school menting the National Strategy’’; jointly to Internal Revenue Code of 1986 to require that buses, and for other purposes; to the Com- the Committees on Armed Services and group and individual health insurance cov- mittee on Science. Transportation and Infrastructure. erage and group health plans permit enroll- By Mr. LANTOS (for himself, Mr. 1559. A letter from the Assistant Secretary ees direct access to services of obstetrical for Legislative Affairs, Department of State, WOLF, Mr. BROWN of Ohio, Mr. SMITH and gynecological physician services directly transmitting the Department’s report pursu- of New Jersey, Mr. EVANS, Mr. and without a referral; to the Committee on ant to section 7(a) of the Jerusalem Embassy PAYNE, Mr. PITTS, Mr. BERMAN, Mr. Energy and Commerce, and in addition to Act of 1995, pursuant to Public Law 104—45, QUINN, Mr. WEXLER, Mr. CASE, Mr. the Committees on Education and the Work- section 6 (109 Stat. 400); jointly to the Com- CROWLEY, Mr. MCDERMOTT, Ms. force, and Ways and Means, for a period to be mittees on International Relations and Ap- WOOLSEY, Mr. BLUMENAUER, Mr. subsequently determined by the Speaker, in propriations. SERRANO, Mr. ACKERMAN, Mr. SCHIFF, each case for consideration of such provi- Mr. OLVER, Mr. HOEFFEL, Ms. MCCOL- sions as fall within the jurisdiction of the f LUM, and Mr. LANGEVIN): committee concerned. H.R. 1462. A bill to authorize assistance for REPORTS OF COMMITTEES ON By Ms. DELAURO (for herself, Mr. individuals with disabilities in foreign coun- PUBLIC BILLS AND RESOLUTIONS LEACH, Mr. DOYLE, Mr. KILDEE, Mr. tries, including victims of warfare and civil MEEHAN, Mr. CROWLEY, Mr. LANTOS, Under clause 2 of rule XIII, reports of strife, and for other purposes; to the Com- Mr. GRIJALVA, Mr. CONYERS, Ms. committees were delivered to the Clerk mittee on International Relations. JACKSON-LEE of Texas, Mr. HINCHEY, for printing and reference to the proper By Mr. BURR (for himself, Mr. TAUZIN, Mr. ETHERIDGE, Ms. MILLENDER- Mr. BILIRAKIS, Mr. UPTON, Mr. NOR- calendar, as follows: MCDONALD, Ms. LEE, Mr. MENENDEZ, WOOD, Mr. WHITFIELD, and Mr. PICK- Mr. TOM DAVIS of Virginia: Committee on Mrs. LOWEY, Mr. FROST, Mr. UDALL of ERING): New Mexico, Mr. SERRANO, Mr. Government Reform. H.R. 735. A bill to H.R. 1463. A bill to provide benefits for cer- MCNULTY, Mr. GREEN of Texas, Mr. amend chapter 83 of title 5, United States tain individuals with injuries resulting from KENNEDY of Rhode Island, Mr. OWENS, Code, to reform the funding of benefits under administration of a smallpox vaccine, and Ms. LINDA T. SANCHEZ of California, the Civil Service Retirement System for em- for other purposes; to the Committee on En- Mr. SCHIFF, Mr. MICHAUD, Mr. NAD- ployees of the United States Postal Service, ergy and Commerce, and in addition to the LER, Ms. WOOLSEY, Mr. STARK, Mr. and for other purposes; with an amendment Committees on Education and the Work- DAVIS of Tennessee, Mr. STRICKLAND, (Rept. 108–49). Referred to the Committee of force, and the Judiciary, for a period to be Mr. LARSEN of Washington, Mr. INS- the Whole House on the State of the Union. subsequently determined by the Speaker, in LEE, Mr. BOSWELL, Mr. BERMAN, Mr. Mr. OXLEY: Committee on Financial Serv- each case for consideration of such provi- EMANUEL, Mr. MORAN of Virginia, ices. H.R. 522. A bill to reform the Federal sions as fall within the jurisdiction of the Mrs. MALONEY, Mrs. CAPPS, and Ms. deposit insurance system, and for other pur- committee concerned. poses; with an amendment (Rept. 108–50). Re- MCCOLLUM): By Mr. BACA (for himself, Mr. H.R. 1470. A bill to reduce health care costs ferred to the Committee of the Whole House GRIJALVA, Mr. PASTOR, Mr. TOWNS, and promote improved health by providing on the State of the Union. Mr. SERRANO, Mr. REYES, Mr. supplemental grants for additional preven- Mr. OXLEY: Committee on Financial Serv- ACEVEDO-VILA, Ms. NORTON, Mr. tive health services for women; to the Com- ices. H.R. 21. A bill to prevent the use of cer- RYAN of Ohio, Mr. UDALL of Colorado, mittee on Energy and Commerce. tain bank instruments for unlawful Internet Mr. CROWLEY, and Mrs. JONES of By Mr. ENGEL: gambling, and for other purposes (Rept. 108– Ohio): H.R. 1471. A bill to amend the Safe Drink- 51 Pt. 1). Ordered to be printed. H.R. 1464. A bill to enhance the security ing Water Act to allow public water systems f and efficiency of the immigration, refugee to avoid filtration requirements, and for and asylum, and naturalization functions of other purposes; to the Committee on Energy PUBLIC BILLS AND RESOLUTIONS the United States Government; to the Com- and Commerce. Under clause 2 of rule XII, public mittee on the Judiciary. By Mr. GALLEGLY (for himself and bills and resolutions were introduced By Mr. BALLENGER (for himself, Mr. Mr. MORAN of Virginia): BURR, Mr. JONES of North Carolina, and severally referred, as follows: H.R. 1472. A bill to require the adoption Mr. HAYES, Mrs. MYRICK, Mr. MCIN- and enforcement of regulations to prohibit By Mr. TERRY (for himself and Mr. TYRE, Mr. BALLANCE, Mr. MILLER of the intentional feeding of bears on Federal DOYLE): North Carolina, Mr. WATT, Mr. public lands in order to end the hunting H.R. 1458. A bill to authorize the Secretary ETHERIDGE, Mr. PRICE of North Caro- practice known as ‘‘bear baiting‘‘ and reduce of Energy to establish an Advanced Tech- lina, Mr. COBLE, and Mr. TAYLOR of the number of dangerous interactions be- nology Incentives Program to fund the devel- North Carolina): tween people and bears; to the Committee on opment and deployment of new advanced H.R. 1465. A bill to designate the facility of Resources. technologies such as fuel cells, turbines, hy- the United States Postal Service located at By Mr. GUTIERREZ: brid, and storage system power technologies; 4832 East Highway 27 in Iron Station, North H.R. 1473. A bill to amend the Fair Credit to the Committee on Science. Carolina, as the ‘‘General Charles Gabriel Reporting Act to provide disclosures of cred- By Mr. WELLER (for himself, Mr. Post Office’’; to the Committee on Govern- it-based insurance scoring information by in- CARDIN, and Mr. FOLEY): ment Reform. surers and credit reporting agencies, and for

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\L27MR7.000 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2471 other purposes; to the Committee on Finan- struction contracts; to the Committee on and private sector employers to foster or ex- cial Services. Ways and Means. acerbate pay inequity; to the Committee on By Ms. HART (for herself, Mr. FORD, By Mrs. JONES of Ohio (for herself, Education and the Workforce. Mr. FERGUSON, Mr. OXLEY, Mr. BACH- Mr. TIBERI, Ms. LEE, Mr. By Ms. MILLENDER-MCDONALD (for US, Mr. CROWLEY, Mr. JONES of North BLUMENAUER, Mr. ANDREWS, Mr. herself and Mr. ANDREWS): Carolina, Mr. ROYCE, Mrs. KELLY, Mr. FATTAH, Ms. CARSON of Indiana, Mr. H.R. 1488. A bill to restore the standards TOOMEY, Mr. GILLMOR, Mr. HINOJOSA, CLYBURN, Mr. BASS, Ms. CORRINE used for determining whether technical Mr. LUCAS of Kentucky, Mr. ROSS, BROWN of Florida, Mr. HINOJOSA, Mr. workers are not employees as in effect before Mrs. MCCARTHY of New York, Mr. LAMPSON, Mr. MEEKS of New York, the Tax Reform Act of 1986; to the Com- MCINTYRE, Ms. NORTON, and Mr. BOS- Mr. DINGELL, Mr. DAVIS of Alabama, mittee on Ways and Means. WELL): Ms. KAPTUR, Mr. KILDEE, Mr. RUSH, By Mrs. MUSGRAVE: H.R. 1474. A bill to facilitate check trunca- and Mr. WYNN): H.R. 1489. A bill to provide for parental no- tion by authorizing substitute checks, to fos- H.R. 1480. A bill to increase the expertise tification and intervention in the case of a ter innovation in the check collection sys- and capacity of community-based organiza- minor seeking an abortion; to the Com- tem without mandating receipt of checks in tions involved in economic development ac- mittee on the Judiciary. electronic form, and to improve the overall tivities and key community development By Mr. NADLER: efficiency of the Nation’s payments system, programs; to the Committee on Financial H.R. 1490. A bill to repeal the per-State and for other purposes; to the Committee on Services. limitation applicable to grants made by the Financial Services. By Ms. LOFGREN: National Endowment for the Arts from funds By Mr. HAYWORTH: H.R. 1481. A bill to extend the moratorium made available for fiscal year 2003; to the H.R. 1475. A bill to amend title I of the Om- enacted by the Internet Tax Freedom Act; to Committee on Education and the Workforce. nibus Crime Control and Safe Streets Act of the Committee on the Judiciary. By Mr. OBERSTAR (for himself, Ms. 1968 to include private firefighters and rescue By Mrs. MALONEY (for herself and Mr. NORTON, Mr. HONDA, Mr. squad and ambulance crew members for cer- ROHRABACHER): BLUMENAUER, Mr. PASCRELL, Ms. tain benefits; to the Committee on the Judi- H.R. 1482. A bill to authorize assistance for EDDIE BERNICE JOHNSON of Texas, Mr. ciary. women and girls in Afghanistan, and for LIPINSKI, Mr. NADLER, Mr. HOLDEN, By Mr. HEFLEY: other purposes; to the Committee on Inter- Ms. BERKLEY, Mr. DEFAZIO, Mr. H.R. 1476. A bill to direct the Secretary of national Relations. HOEFFEL, Ms. MILLENDER-MCDONALD, Veterans Affairs to establish a national cem- By Mr. MCDERMOTT (for himself, Mr. Mr. MICHAUD, Mr. MATHESON, Mr. RA- etery for veterans in the Colorado Springs, RANGEL, Mr. MARKEY, Mr. CONYERS, HALL, Mr. DAVIS of Tennessee, Mr. Colorado, metropolitan area; to the Com- Mrs. JONES of Ohio, Ms. LEE, and Ms. BISHOP of New York, and Mr. mittee on Veterans’ Affairs, and in addition BALDWIN): CAPUANO): to the Committee on Ways and Means, for a H.R. 1483. A bill to require certain studies H.R. 1491. A bill to authorize programs and period to be subsequently determined by the regarding the health effects of exposure to activities to improve energy use related to Speaker, in each case for consideration of depleted uranium munitions, to require the transportation and infrastructure facilities; such provisions as fall within the jurisdic- cleanup and mitigation of depleted uranium to the Committee on Transportation and In- tion of the committee concerned. contamination at sites of depleted uranium frastructure, and in addition to the Commit- By Mr. HINCHEY (for himself, Mr. munition use and production in the United tees on Science, Ways and Means, Resources, ABERCROMBIE, Mr. ACKERMAN, Mr. States, and for other purposes; to the Com- International Relations, and Financial Serv- BRADY of Pennsylvania, Mr. CONYERS, mittee on Energy and Commerce, and in ad- ices, for a period to be subsequently deter- Mr. TOM DAVIS of Virginia, Mr. DAVIS dition to the Committee on Armed Services, mined by the Speaker, in each case for con- of Illinois, Mr. DEFAZIO, Mr. FARR, for a period to be subsequently determined sideration of such provisions as fall within Mr. FILNER, Mr. FRANK of Massachu- by the Speaker, in each case for consider- the jurisdiction of the committee concerned. setts, Mr. FROST, Mr. GUTIERREZ, Ms. ation of such provisions as fall within the ju- By Mr. OSE (for himself, Mr. GON- NORTON, Mr. KILDEE, Mr. KUCINICH, risdiction of the committee concerned. ZALEZ, Mr. PAUL, Mr. GUTIERREZ, Mr. Ms. LEE, Mr. GEORGE MILLER of Cali- By Mr. MCINNIS: LATOURETTE, Mr. KANJORSKI, and Mr. fornia, Mrs. NAPOLITANO, Mr. ROHR- H.R. 1484. A bill to provide for the imple- SHERMAN): ABACHER, Mr. ROYCE, Ms. LORETTA mentation of air quality programs developed H.R. 1492. A bill to amend the Federal SANCHEZ of California, Mr. SANDERS, in accordance with an Intergovernmental Credit Union Act to provide expanded access Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. Agreement between the Southern Ute Indian for persons in the field of membership of a SERRANO, Mr. SHERMAN, Ms. SOLIS, Tribe and the State of Colorado concerning Federal credit union to money order and Mr. THOMPSON of Mississippi, Mr. Air Quality Control on the Southern Ute In- check cashing services; to the Committee on WAXMAN, and Mr. WEXLER): dian Reservation, and for other purposes; to H.R. 1477. A bill to amend title XVIII of the the Committee on Energy and Commerce, Financial Services. Social Security Act to provide for coverage and in addition to the Committee on Re- By Mr. OSE (for himself, Mr. WAXMAN, of qualified acupuncturist services under sources, for a period to be subsequently de- Mr. BURTON of Indiana, Mr. CLAY, Mr. part B of the Medicare Program, and to termined by the Speaker, in each case for LATOURETTE, Mr. LYNCH, Mr. PAUL, amend title 5, United States Code, to provide consideration of such provisions as fall with- and Ms. WATSON): for coverage of such services under the Fed- in the jurisdiction of the committee con- H.R. 1493. A bill to revoke an Executive eral Employees Health Benefits Program; to cerned. Order relating to procedures for the consid- the Committee on Energy and Commerce, By Ms. MILLENDER-MCDONALD: eration of claims of constitutionally based and in addition to the Committees on Ways H.R. 1485. A bill to provide additional ap- privilege against disclosure of Presidential and Means, and Government Reform, for a propriations for the fiscal year 2003 for the records; to the Committee on Government period to be subsequently determined by the MTCT-Plus Initiative at Columbia Univer- Reform. Speaker, in each case for consideration of sity’s Mailman School of Public Health; to By Mr. OTTER (for himself and Mr. such provisions as fall within the jurisdic- the Committee on Appropriations. SIMPSON): tion of the committee concerned. By Ms. MILLENDER-MCDONALD (for H.R. 1494. A bill to provide for certain de- By Mr. ISRAEL (for himself, Mr. WAL- herself, Mr. CASE, Ms. WATSON, Mr. posits and countervailing duties to be im- DEN of Oregon, Mr. ROSS, Mr. TIBERI, ABERCROMBIE, Mr. FROST, Ms. posed on imports of dynamic random access Mr. BARTLETT of Maryland, Mr. BORDALLO, Ms. NORTON, and Mr. memory (DRAM) semiconductors produced BERRY, Ms. BALDWIN, Mrs. MCCARTHY FALEOMAVAEGA): by Hynix Semiconductor if certain affirma- of New York, Mr. MOORE, Mr. TAYLOR H.R. 1486. A bill to direct the Secretary of tive determinations are made under subtitle of North Carolina, Mrs. JO ANN DAVIS Education to conduct a study of the rate at A of title VII of the Tariff Act of 1930; to the of Virginia, Mr. BOUCHER, Mr. which Native Americans and students who Committee on Ways and Means. MCNULTY, and Mr. HALL): reside in American Samoa, the Northern By Mr. PALLONE: H.R. 1478. A bill to provide that private Mariana Islands, and Guam drop out of sec- H.R. 1495. A bill to amend the Federal land use rules be treated as State or local ondary schools in the United States, and for Food, Drug, and Cosmetic Act to safeguard regulation for purposes of certain Federal other purposes; to the Committee on Edu- public health and provide to consumers food Communications Commission regulations; to cation and the Workforce. that is safe, unadulterated, and honestly pre- the Committee on Energy and Commerce. By Ms. MILLENDER-MCDONALD (for sented; to the Committee on Energy and By Mrs. JOHNSON of Connecticut (for herself, Mr. CASE, Ms. WATSON, Ms. Commerce. herself, Mr. JEFFERSON, Mr. CANTOR, LEE, Ms. JACKSON-LEE of Texas, Ms. By Mr. PALLONE: Mr. TAYLOR of Mississippi, and Mr. NORTON, Mr. FRANK of Massachu- H.R. 1496. A bill to establish a comprehen- WICKER): setts, Mr. OWENS, and Mr. KUCINICH): sive program to ensure the safety of food H.R. 1479. A bill to amend the Internal Rev- H.R. 1487. A bill to direct the Equal Em- products intended for human consumption enue Code of 1986 to allow the use of com- ployment Opportunity Commission to pre- which are regulated by the Food and Drug pleted contract method of accounting in the pare a report about how the Fair Labor Administration; to the Committee on Energy case of certain long-term naval vessel con- Standards Act of 1938 has been used by public and Commerce.

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\L27MR7.100 H27PT1 H2472 CONGRESSIONAL RECORD — HOUSE March 27, 2003 By Mr. POMBO: reserve component self-employed individ- By Mr. GREEN of Wisconsin: H.R. 1497. A bill to reauthorize title I of the uals, and for other purposes; to the Com- H. Res. 166. A resolution commending the Sikes Act; to the Committee on Resources, mittee on Ways and Means. people of the Republic of Kenya for con- and in addition to the Committee on Armed By Mr. WATT (for himself, Mr. TAYLOR ducting free and fair elections, for the peace- Services, for a period to be subsequently de- of North Carolina, Mr. BALLANCE, Mr. ful and orderly transfer of power in their termined by the Speaker, in each case for ETHERIDGE, Mr. HAYES, Mr. PRICE of government, and for the continued success of consideration of such provisions as fall with- North Carolina, Mrs. MYRICK, Mr. democracy in their nation since that transi- in the jurisdiction of the committee con- BURR, Mr. COBLE, Mr. BALLENGER, tion; to the Committee on International Re- cerned. Mr. MCINTYRE, Mr. MILLER of North lations. By Mr. RAMSTAD (for himself, Mr. Carolina, and Mr. JONES of North f CRANE, Mrs. JOHNSON of Connecticut, Carolina): Mr. HERGER, Mr. CAMP, Mr. SAM H.R. 1505. A bill to designate the facility of PRIVATE BILLS AND JOHNSON of Texas, Mr. ENGLISH, Mr. the United States Postal Service located at RESOLUTIONS WELLER, Mr. MCINNIS, Mr. FOLEY, Mr. 2127 Beatties Ford Road in Charlotte, North BRADY of Texas, and Mr. COX): Carolina, as the ‘‘Jim Richardson Post Of- Under clause 3 of rule XII, private H.R. 1498. A bill to amend the Internal Rev- fice’’; to the Committee on Government Re- bills and resolutions of the enue Code of 1986 to provide that the tax on form. followingtitles were introduced and recognized built-in gain of an S corporation By Mr. DEFAZIO (for himself, Ms. severally referred, as follows: shall not apply to amounts reinvested in the HOOLEY of Oregon, Mr. BLUMENAUER, By Mr. ACEVEDO-VILA: business; to the Committee on Ways and Mr. WU, and Mr. WALDEN of Oregon): H.R. 1506. A bill for the relief of Laura Means. H. Con. Res. 124. Concurrent resolution ex- Maldonado Caetani; to the Committee on the By Mr. ROSS: pressing the sense of the Congress regarding Judiciary. H.R. 1499. A bill to require health insur- semiconductor trade between the United By Mr. GARRETT of New Jersey: ance coverage for certain reconstructive sur- States and the Republic of Korea and the H.R. 1507. A bill to waive the time limita- gery; to the Committee on Energy and Com- need to assure that trade actions by the tion specified by law for the award of certain merce, and in addition to the Committee on United States do not result in geopolitical military decorations in order to allow the Education and the Workforce, for a period to tensions or the loss of United States jobs, award of the Congressional Medal of Honor be subsequently determined by the Speaker, and calling on the executive branch to recog- to Steve Piniaha of Sparta, New Jersey, for in each case for consideration of such provi- nize Korean economic reforms and the acts of valor while a member of the Army sions as fall within the jurisdiction of the United States-Korea strategic relationship during World War II; to the Committee on committee concerned. in dealing with semiconductor trade issues; Armed Services. By Mr. SMITH of Washington (for him- to the Committee on Ways and Means. self, Mr. EVANS, and Mr. MICHAUD): By Mr. DEUTSCH (for himself and Mr. f H.R. 1500. A bill to amend title 38, United DAVIS of Florida): States Code, to authorize veterans to select H. Con. Res. 125. Concurrent resolution ex- ADDITIONAL SPONSORS the appraiser for housing loans for which pressing the sense of Congress regarding the Under clause 7 of rule XII, sponsors they apply that are to be guaranteed by the arrests of Cuban democracy activists by the were added to public bills and resolu- Secretary of Veterans Affairs; to the Com- Cuban Government; to the Committee on tions as follows: mittee on Veterans’ Affairs. International Relations. H.R. 20: Mr. CASE, Ms. SOLIS, Mr. MOORE, By Mr. THOMPSON of California (for By Mr. ENGLISH (for himself, Mr. Ms. DEGETTE, Mr. NADLER, Ms. EDDIE BER- himself and Ms. SOLIS): MCINNIS, Mr. PETERSON of Pennsyl- NICE JOHNSON of Texas, and Mr. BERMAN. H.R. 1501. A bill to designate certain public vania, Mr. CANNON, Mr. SIMPSON, and H.R. 22: Mr. MARIO DIAZ-BALART of Florida. lands in Humboldt, Del Norte, Mendocino, Mr. OTTER): Lake, Napa, and Yolo Counties in the State H. Con. Res. 126. Concurrent resolution ex- H.R. 34: Mr. LYNCH, Mr. WILSON of South of California as wilderness, to designate cer- pressing the sense of the Congress regarding Carolina, Mr. UPTON, Mr. LATHAM, Mr. tain segments of the Black Butte River in the Earth Liberation Front and ecological BROWN of Ohio, Mr. FROST, Mr. GONZALEZ, Mendocino County, California as a wild or terrorism; to the Committee on the Judici- Mr. SMITH of Michigan, Mr. DELAHUNT, and scenic river, and for other purposes; to the ary. Mr. SPRATT. Committee on Resources. By Mr. FILNER: H.R. 36: Ms. BERKLEY. By Mr. TIERNEY (for himself, Mr. H. Con. Res. 127. Concurrent resolution de- H.R. 63: Mr. KANJORSKI. LATOURETTE, Mr. GEORGE MILLER of claring that the provision of humanitarian H.R. 97: Mr. ISRAEL, Mrs. BONO, and Mr. California, Ms. LEE, Mr. MEEHAN, Ms. assistance, including United States agricul- KANJORSKI. MILLENDER-MCDONALD, Mr. PAYNE, tural products, for Iraq is in the national se- H.R. 100: Mr. BROWN of South Carolina. Ms. CORRINE BROWN of Florida, Mr. curity interest of the United States; to the H.R. 132: Mr. WYNN, Mrs. JONES of Ohio, VAN HOLLEN, Mr. SIMMONS, Mr. CASE, Committee on International Relations, and Ms. MILLENDER-MCDONALD, Ms. JACKSON-LEE Mr. MCDERMOTT, Mr. FROST, Mrs. in addition to the Committee on Armed of Texas, Mr. MCGOVERN, Mr. OWENS, Ms. MALONEY, Mr. GILLMOR, Mr. Services, for a period to be subsequently de- CARSON of Indiana, and Mr. JACKSON of Illi- KUCINICH, Mr. WAXMAN, Mr. CLYBURN, termined by the Speaker, in each case for nois. Mr. GRIJALVA, Mr. REGULA, Mr. NAD- consideration of such provisions as fall with- H.R. 135: Mr. MARSHALL. LER, Mr. CUMMINGS, Mr. NEAL of Mas- in the jurisdiction of the committee con- H.R. 141: Mr. SCOTT of Georgia. sachusetts, and Mr. JACKSON of Illi- cerned. H.R. 168: Mr. NEAL of Massachusetts. nois): By Mr. LATOURETTE (for himself and H.R. 173: Ms. BERKLEY, Mr. FILNER, Mr. H.R. 1502. A bill to amend the Individuals Ms. NORTON): THOMPSON of California, Mr. FALEOMAVAEGA, with Disabilities Education Act to provide H. Con. Res. 128. Concurrent resolution au- Mr. COOPER, Mr. CUMMINGS, Mr. BOSWELL, that certain funds treated as local funds thorizing the use of the Capitol Grounds for Mr. LEACH, Mr. NEY, Mrs. NORTHUP, and Ms. under that Act shall be used to provide addi- the D.C. Special Olympics Law Enforcement DUNN. tional funding for programs under the Ele- Torch Run; to the Committee on Transpor- H.R. 198: Mr. BARTON of Texas. mentary and Secondary Education Act of tation and Infrastructure. H.R. 218: Mr. BOUCHER and Mr. OXLEY. 1965; to the Committee on Education and the By Mr. VITTER: H.R. 284: Mr. SHAW, Mr. CRENSHAW, Mr. Workforce. H. Con. Res. 129. Concurrent resolution ex- SCOTT of Virginia, Mr. SANDLIN, Mr. LEVIN, By Mr. VITTER: pressing appreciation for the longstanding Mrs. EMERSON, and Mr. GERLACH. H.R. 1503. A bill to amend the Higher Edu- support and friendship of the people and Gov- H.R. 286: Mr. KIRK. cation Act of 1965 to require institutions of ernment of the United Kingdom; to the Com- H.R. 290: Mr. GOODLATTE and Mr. higher education to preserve the educational mittee on International Relations. NETHERCUTT. status and financial resources of military By Mr. BEREUTER (for himself, Mr. H.R. 303: Mr. ACEVEDO-VILA, Mr. PETRI, Mr. personnel called to active duty; to the Com- BILIRAKIS, Mrs. MALONEY, Mr. WICKER, Mrs. NORTHUP, Mr. HAYWORTH, Ms. mittee on Education and the Workforce. DREIER, Mr. ENGEL, Mr. ACKERMAN, MILLENDER-MCDONALD, Mr. HINCHEY, Mr. By Mr. VITTER: Mr. CROWLEY, Ms. LEE, Mr. KOLBE, Mr. PICKERING, and Mr. COSTELLO. H.R. 1504. A bill to amend the Internal Rev- BLUMENAUER, Mr. PALLONE, Mr. MEE- H.R. 306: Mr. STENHOLM and Mrs. BONO. enue Code of 1986 to allow as a deduction in HAN, Mr. MCGOVERN, Mr. ANDREWS, H.R. 308: Mr. COSTELLO. determining adjusted gross income the de- Mr. FILNER, Ms. ROS-LEHTINEN, Mr. H.R. 328: Mr. DEAL of Georgia, Mr. duction for expenses in connection with serv- SHERMAN, Mrs. JO ANN DAVIS of Vir- SCHROCK, Mr. JEFFERSON, and Ms. BORDALLO. ices as a member of a reserve component of ginia, and Mr. MENENDEZ): H.R. 348: Mr. TERRY. the Armed Forces of the United States, to H. Res. 165. A resolution expressing support H.R. 378: Mr. HOSTETTLER. allow employers a credit against income tax for a renewed effort to find a peaceful, just, H.R. 412: Mr. BECERRA. with respect to employees who participate in and lasting settlement to the Cyprus prob- H.R. 463: Mr. HERGER. the military reserve components, and to lem; to the Committee on International Re- H.R. 548: Mr. BURNS, Ms. DELAURO, Mr. allow a comparable credit for participating lations. DAVIS of Tennessee, Mr. BISHOP of New York,

VerDate Dec 13 2002 03:37 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\L27MR7.100 H27PT1 March 27, 2003 CONGRESSIONAL RECORD — HOUSE H2473

Mr. HOEFFEL, Mr. WICKER, Mr. COLE, Mr. H.R. 906: Mr. GRAVES and Ms. GINNY EMERSON, Mr. PLATTS, and Mr. UDALL of Col- MOORE, Mr. NEAL of Massachusetts, Mr. PE- BROWN-WAITE of Florida. orado. TERSON of Minnesota, Ms. VELAZQUEZ, Ms. H.R. 918: Mr. KILDEE and Mr. RENZI. H.R. 1229: Mr. SCHROCK and Mr. BARTLETT WATERS, Ms. WATSON, Mr. BOSWELL, and Mr. H.R. 919: Mrs. CHRISTENSEN, Mr. DOYLE, Mr. of Maryland. CRANE. LATOURETTE, Mr. PLATTS, and Mr. JACKSON H.R. 1235: Mr. CANNON, Mr. SCHROCK, and H.R. 578: Mr. BECERRA. of Illinois. Mr. WICKER. H.R. 583: Mr. DAVIS of Illinois, Mrs. H.R. 927: Mr. PETERSON of Minnesota, Mr. H.R. 1236: Mr. BEAUPREZ. NORTHUP, Mrs. JO ANN DAVIS of Virginia, Mr. OTTER, Mr. FOLEY, Mr. WHITFIELD, Mrs. H.R. 1244: Mr. FROST and Mr. HONDA. RAMSTAD, Mr. GOODLATTE, Mr. DOOLEY of KELLY, Mr. LATOURETTE, and Mr. WALDEN of H.R. 1245: Mr. GRIJALVA. California, Mr. WALDEN of Oregon, Mr. SUL- Oregon. LIVAN, and Mr. HOEFFEL. H.R. 930: Ms. VELAZQUEZ. H.R. 1258: Mr. PRICE of North Carolina. H.R. 584: Mr. EHLERS, Mr. UPTON, and Mr. H.R. 932: Mr. SPRATT. H.R. 1263: Mr. GONZALEZ. LIPINSKI. H.R. 935: Mr. SABO, Mr. RANGEL, Ms. ESHOO, H.R. 1272: Mr. MCNULTY and Ms. ESHOO. H.R. 611: Mr. TERRY. Mr. WEXLER, and Mr. MCNULTY. H.R. 1275: Mr. BONILLA and Ms. MCCOLLUM. H.R. 613: Mr. DAVIS of Tennessee. H.R. 937: Mr. COSTELLO and Mr. COLE. H.R. 1279: Mr. CARSON of Oklahoma, Mr. H.R. 623: Mr. FORD. H.R. 941: Mr. KILDEE. MOORE, Mr. PENCE, Mr. BURTON of Indiana, APPS H.R. 644: Mrs. C . H.R. 953: Mr. JACKSON of Illinois, Mrs. WIL- Mr. SOUDER, Mr. SPRATT, and Mr. KIRK. H.R. 660: Mr. BROWN of South Carolina, Mr. SON of New Mexico, and Mr. BOSWELL. H.R. 1288: Mr. PAYNE, Mr. VAN HOLLEN, Mr. CANTOR, and Mr. SHAW. H.R. 955: Mr. PASTOR, Mr. HOLDEN, Mr. BOEHLERT, Mr. NETHERCUTT, Mrs. CUBIN, Mr. H.R. 678: Mr. TAYLOR of Mississippi. OBERSTAR, Mr. MORAN of Kansas, Mr. COOPER, Mr. SOUDER, Mr. HINCHEY, Ms. ROS- H.R. 684: Mr. PICKERING, Mr. CANTOR, and GILCHREST, Mr. WALSH, Mr. NADLER, Mr. LEHTINEN, Ms. LORETTA SANCHEZ of Cali- Mr. SMITH of Michigan. KLECZKA, Mr. DICKS, Mr. ALLEN, Mr. fornia, and Mr. KOLBE. H.R. 687: Mr. GOODE. PALLONE, Mr. RANGEL, Mr. INSLEE, Mr. H.R. 1297: Mr. COSTELLO. H.R. 692: Mr. JACKSON of Illinois. ETHERIDGE, Ms. MCCOLLUM, Mr. MATHESON, H.R. 1305: Mr. BRADLEY of New Hampshire, H.R. 714: Mr. FROST and Mr. GOODE. Mr. CONYERS, Mr. KLINE, Mr. GORDON, Mr. Mr. CLAY, and Mr. GUTKNECHT. H.R. 732: Mr. TANCREDO, Mr. CAMP, and Mr. VAN HOLLEN, Mr. MCNULTY, Mrs. MALONEY, H.R. 1323: Mr. RYAN of Ohio, Mr. DEUTSCH, SPRATT. Mr. UPTON, Mr. NEAL of Massachusetts, Mr. and Mr. SCHIFF. H.R. 735: Mr. GOODE, Mr. MICHAUD, and Mr. RAMSTAD, Mr. ENGEL, Mr. LATHAM, Mr. WAL- H.R. 1332: Mr. WICKER, Mr. CAMP, and Mr. PENCE. DEN of Oregon, Ms. LOFGREN, Mr. HASTINGS of MOORE. H.R. 737: Mr. DAVIS of Florida. Washington, Mr. SIMPSON, Mr. MARKEY, Mr. H.R. 756: Mr. PUTNAM. SMITH of Washington, Mr. BERMAN, Ms. H.R. 1359: Mr. ABERCROMBIE. H.R. 766: Mr. JOHNSON of Illinois, Mr. BUR- DEGETTE, Mr. CLAY, Mr. SESSIONS, Mrs. H.R. 1366: Mr. BLUMENAUER and Mr. GESS, Mr. LATHAM, and Mr. GREEN of Texas. DAVIS of California, Ms. SCHAKOWSKY, Mr. RAMSTAD. H.R. 767: Mr. CULBERSON, Mr. JONES of SIMMONS, and Mr. CASE. H.R. 1377: Mr. FROST, Mr. ENGLISH, Mr. North Carolina, and Mr. WILSON of South H.R. 962: Mr. FILNER, Ms. SOLIS, Ms. ESHOO, PAYNE, Mr. MCINNIS, Mr. RANGEL, Mr. PAUL, Carolina. Mr. SHAYS, and Mr. MCNULTY. Mr. COOPER, Mr. BURNS, Mr. HINOJOSA, and H.R. 768: Mr. MICHAUD, Mr. RAHALL, Mr. H.R. 977: Mr. BISHOP of Utah, Mr. SOUDER, Mr. FRANK of Massachusetts. CONYERS, and Mr. LEWIS of California. Mr. UDALL of Colorado, and Mr. ROYCE. H.R. 1380: Ms. GRANGER, Mr. COLLINS, Mr. H.R. 770: Mr. DOYLE. H.R. 980: Mr. COX and Mr. ENGLISH. DOOLITTLE, Mr. RYAN of Wisconsin, Mr. H.R. 771: Mrs. KELLY and Mr. BURR. H.R. 1005: Mr. RENZI. TOWNS, and Mr. DAVIS of Illinois. ARIO IAZ ALART H.R. 798: Mr. M D -B of Flor- H.R. 1007: Mr. BISHOP of New York and Mr. H.R. 1381: Mr. CONYERS, Mr. BELL, Mr. RAN- USGRAVE ida and Mrs. M . FORD. GEL, Mr. PALLONE, Ms. MILLENDER-MCDON- H.R. 803: Mr. BERRY. H.R. 1008: Mr. TIAHRT, Mr. DUNCAN, and Mr. ALD, Mr. GREEN of Texas, Mr. BRADY of Penn- INCOLN IAZ ALART H.R. 804: Mr. L D -B of Flor- STENHOLM. sylvania, Mr. PLATTS, Mr. RYAN of Ohio, Mr. ida. H.R. 1029: Mr. UDALL of Colorado. JACKSON of Illinois, Mr. BERMAN, and Mr. H.R. 806: Mr. RAMSTAD, Mr. FRELING- H.R. 1046: Mr. EVANS, Mr. THOMPSON of GEORGE MILLER of California. HUYSEN, Mrs. BONO, Mr. SANDERS, Ms. EDDIE California, Mr. INSLEE, Mr. DINGELL, Mr. H.R. 1393: Mr. LINCOLN DIAZ-BALART of BERNICE JOHNSON of Texas, and Mr. BERMAN. LUCAS of Kentucky, Mr. HALL, Mr. DEUTSCH, Florida and Mr. FROST. H.R. 813: Ms. JACKSON-LEE of Texas. and Ms. CARSON of Indiana. H.R. 1397: Ms. MCCOLLUM, Mr. FROST, and H.R. 814: Mr. SMITH of Washington, Mr. H.R. 1070: Mr. MORAN of Virginia and Mr. Ms. BORDALLO. BERRY, Mr. BLUMENAUER, Mr. MARKEY, Mrs. ISAKSON. MALONEY, Mr. ENGLISH, Ms. JACKSON-LEE of H.R. 1401: Mr. RANGEL, Ms. JACKSON-LEE of H.R. 1972: Mr. NEY. Texas, Mr. BACA, Mr. CASE, Mrs. KELLY, Mr. Texas, Ms. LEE, Mr. OWENS, Mr. LIPINSKI, Mr. H.R. 1085: Mr. ROHRABACHER, SHERMAN, Mr. BASS, Ms. DEGETTE, Mr. NAD- GRIJALVA, Mr. FALEOMAVAEGA, Mrs. JONES of MANUEL LER, Ms. MCCOLLUM, and Mr. WHITFIELD. H.R. 1115: Mr. E . Ohio, Ms. BORDALLO, Mr. PAYNE, and Ms. ERKLEY H.R. 816: Ms. LOFGREN. H.R. 1118: Mr. SHERMAN, Mrs. KELLY, Mr. B . HAW ARIO IAZ ALART H.R. 823: Mr. HOLT, Mr. BOSWELL, Mr. S , Mr. M D -B of Florida, H.R. 1408: Mrs. MYRICK. ERRY DAVIS of Tennessee, Mr. GORDON, and Mr. and Mr. B . H.R. 1415: Mr. DEUTSCH, Mrs. JONES of WEXLER. H.R. 1119: Mr. MCDERMOTT, Mr. GARRETT of Ohio, Mr. FRANK of Massachusetts, Mr. H.R. 834: Mr. TIAHRT, Mr. FORD, Mrs. EMER- New Jersey, Mr. CALVERT, Mr. AKIN, and Mr. WEXLER, Ms. BALDWIN, Ms. HOOLEY of Or- SON, Mr. HULSHOF, and Mr. BARTLETT of TOOMEY. egon, and Mr. SABO. Maryland. H.R. 1125: Mr. DAVIS of Florida. H.R. 1422: Mr. CAMP, Mr. DEUTSCH, and Mr. H.R. 837: Mr. LEACH, Mr. KING of Iowa, Mr. H.R. 1126: Mrs. MUSGRAVE. WHITFIELD. JANKLOW, Mr. WELLER, and Mr. LATHAM. H.R. 1143: Mr. BRADY of Pennsylvania. H.R. 1440: Mr. WOLF. H.R. 1144: Mr. MCINTYRE. H.R. 839: Mr. ROSS, Mr. DAVIS of Tennessee, H.R. 1451: Mr. STENHOLM, Mrs. WILSON of Mr. BOSWELL, Mr. SHAW, and Mr. PRICE of H.R. 1148: Mr. WEINER, Mrs. NAPOLITANO, New Mexico, Mr. PETERSON of Pennsylvania, North Carolina. Ms. WATSON, Ms. LEE, Ms. NORTON, Mr. and Mr. UPTON. A OURETTE ERRY FROST, Mr. FORD, Mr. BACA, Mr. FRANK of H.R. 850: Mr. L T , Mr. T , Mr. H.J. Res. 4: Mr. PALLONE, Mr. OXLEY, Mr. URR UTKNECHT AXTON Massachusetts, and Mr. NADLER. B , Mr. G , Mr. S , Mr. HAYWORTH, Mr. GOODE, Mr. REHBERG, Mr. ONILLA HERWOOD AUZIN H.R. 1157: Mr. HASTINGS of Florida. B , Mr. S , and Mr. T . GERLACH, Mr. WALSH, and Mr. PUTNAM. H.R. 853: Mr. RYAN of Ohio. H.R. 1162: Mr. DAVIS of Tennessee and Mr. H.J. Res. 36: Mr. NADLER, Mr. SMITH of H.R. 857: Mr. TAYLOR of Mississippi. WYNN. Washington, and Mr. BARTON of Texas. H.R. 859: Mr. TIAHRT and Mr. UDALL of Col- H.R. 1163: Mr. BURTON of Indiana. H. Con. Res. 23: Mr. SOUDER. orado. H.R. 1185: Mr. BLUMENAUER, Mr. FOLEY, and H. Con. Res. 86: Mr. WU and Mr. FILNER. H.R. 876: Mr. FILNER, Mr. QUINN, Mr. Mr. CASE. WHITFIELD, and Mr. MILLER of Florida. H.R. 1196: Mrs. JONES of Ohio, Mr. CLAY, H. Con. Res. 98: Mr. SCHROCK, Ms. EDDIE H.R. 882: Mr. SOUDER and Mr. SIMMONS. and Mr. WEXLER. BERNICE JOHNSON of Texas, Mr. STEARNS, Mr. OLEY ERGER ING H.R. 887: Mr. GEORGE MILLER of California, H.R. 1213: Mr. AKIN, Mr. ENGLISH, Mrs. F , Mr. H , and Mr. K of New Mr. ANDREWS, Ms. SOLIS, Mr. WOLF, and Mr. CUBIN, and Mr. WELLER. York. SMITH of New Jersey. H.R. 1225: Mr. PAUL, Mr. GONZELEZ, Mr. H. Con. Res. 109: Mr. SOUDER, Mrs. JONES of H.R. 896: Ms. CARSON of Indiana. BOEHLER, Ms. NORTON, Mr. INSLEE, Mr. SMITH Ohio, and Ms. SOLIS. H.R. 898: Mr. YOUNG of Alaska, Mr. SOUDER, of Washington, Ms. JACKSON-LEE of Texas, H. Con. Res. 118: Mr. MORAN of Kansas, Mr. Mr. KIND, Mr. CARDOZA, and Mrs. Mr. DEUTSCH, Ms. SCHAKOWSKY, Mr. HOEFFEL, COLLINS, and Mr. STARK. NAPOLITANO. Mr. Cooper, Mr. MEEHAN, Mr. HINCHEY, Mrs. H. Con. Res. 119: Mr. FLAKE.

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H. Res. 12: Mr. SANDLIN, Mr. PAUL, and Mr. of Virginia, Mr. DAVIS of Illinois, Mr. H. Res. 108: Mr. CLAY. ORTIZ. MCDERMOTT, Mr. LIPINSKI, Mr. H. Res. 117: Mr. BONILLA and Mr. LINCOLN H. Res. 60: Ms. ROS-LEHTINEN, Mr. KIRK, RUPPERSBERGER, Mr. HONDA, Ms. NORTON, DIAZ-BARLART of Florida. Mrs. NORTHUP, Mr. MCNULTY, Mr. Mr. EMANUEL, Mr. FRANK of Massachusetts, H. Res. 141: Ms. NORTON. NETHERCUTT, and Mr. LYNCH. Mr. RUSH, Mr. JACKSON of Illinois, Mr. H. Res. 142: Mr. SANDERS, Mr. THOMPSON of H. Res. 65: Mr. FILNER, Mr. CUNNINGHAM, FRANKS of Arizona, Ms. CORRINE BROWN of California, Mr. UPTON, Mr. ORTIZ, Mrs. Mr. FARR, Mr. CARDOZA, Mr. PALLONE, Mr. Florida, Mr. FALEOMAVAEGA, Mr. COSTELLO, CHRISTENSEN, Mr. COOPER, Mr. HINCHEY, and EVANS, Mr. GUTIERREZ, Mr. CASE, Mr. SCOTT Ms. SCHAKOWSKY, and Ms. BORDALLO. Mr. HASTINGS of Washington.

VerDate Dec 13 2002 04:34 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A27MR7.040 H27PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, THURSDAY, MARCH 27, 2003 No. 50 Senate The Senate met at 10 a.m., and was PLEDGE OF ALLEGIANCE that legislation over the course of 3 called to order by the Honorable LISA The Honorable LISA MURKOWSKI led hours. I thank them for their hard MURKOWSKI, a Senator from the State the Pledge of Allegiance, as follows: work in getting that bill ready for floor of Alaska. consideration today. The PRESIDING OFFICER. Today’s I pledge allegiance to the Flag of the United States of America, and to the Repub- In addition, we are attempting to prayer will be offered by our guest lic for which it stands, one nation under God, reach an agreement for the consider- Chaplain, Rev. Glen Warner, Second indivisible, with liberty and justice for all. ation of S. Con. Res. 30 which would ex- Congregational United Church of press our gratitude to the nations par- f Christ in Ashtabula, OH. ticipating with the United States in The guest Chaplain, Rev. Glen War- APPOINTMENT OF ACTING the coalition to disarm Iraq. Also, as I ner, offered the following prayer: PRESIDENT PRO TEMPORE mentioned last night, we may also vote Let us pray. The PRESIDING OFFICER. The on any judicial nominations that may Sovereign Lord, Author of liberty, as be ready for the Executive Calendar we gather in this house of strong re- clerk will please read a communication to the Senate from the President pro today. Therefore, there will be votes solve and mighty decisions, we believe throughout the day. If we are able to that it must also be a house of prayer tempore (Mr. STEVENS). finish the work I just mentioned, it for all nations. We pray that You will The bill clerk read the following let- would likely be that there would be no be with each of us in these difficult and ter: rollcall votes on Friday. We would re- challenging times. U.S. SENATE, turn for business on Monday with a We stand in Your Presence, in awe of PRESIDENT PRO TEMPORE, the connection of events that has Washington, DC, March 27, 2003. rollcall vote likely to occur at around brought us to this moment in history. To the Senate: 5:30 Monday afternoon. I will have Our deepest desire is to ‘‘be still and Under the provisions of rule I, paragraph 3, more to say about Monday’s schedule of the Standing Rules of the Senate, I hereby know that You are God,’’ we remember later today. appoint the Honorable LISA MURKOWSKI, a In addition, over the course of today, with reverence that Your work is only Senator from the State of Alaska, to perform accomplished by vision and courage. In I am sure people will want to come to the duties of the Chair. the floor to make tributes to Senator this moment we know that we belong TED STEVENS, to You whose glory stretches from age President pro tempore. Moynihan. A number of people took ad- vantage of being able to do that last to age. May Your ‘‘right hand become Ms. MURKOWSKI thereupon assumed night. But over the course of today, glorious in power, justice, and right- the chair as Acting President pro tem- people are welcome to come down to eousness in all the earth!’’ pore. We know that everything here, every make those tributes. I do remind my light switch, every doorknob, every f colleagues, we will later, in a week, 2 computer chip, every heart, and every RECOGNITION OF THE MAJORITY weeks from now, bind all those tributes brain cell exists only by Your grace. In LEADER together in an appropriate volume for gratitude for these good gifts, we rev- the family. The ACTING PRESIDENT pro tem- erence the work You have entrusted to The ACTING PRESIDENT pro tem- us. We seek the priceless treasure of pore. The majority leader is recog- pore. The Senator from Nevada. Your Divine guidance to do it well. nized. Mr. REID. Madam President, if I can Living God! Your eternal word tells f get the attention of the majority lead- us ‘‘The Lord is the one who goes be- er while he is on the floor, we have a SCHEDULE fore you. He will be with you. He will number of people on the floor today, not leave you . . . do not fear nor be Mr. FRIST. Madam President, for the and I would like to speak a few min- dismayed.’’ (Deuteronomy 31:8) In information of all Senators, this morn- utes about Senator Moynihan. Senator trust, we wait, yielded and still, as ing there will be a period for morning HUTCHISON is here. How long does she Your Spirit brushes the souls of our business until 11 a.m. Again, this will wish to speak? Armed Forces, the innocent people of allow time for Members to make re- Mrs. HUTCHISON. Madam President, Iraq, and the women and men we have marks regarding the men and women of we were hoping certainly after Senator chosen to serve America as our Sen- our Armed Forces. At 11 a.m. today, we REID’s tribute to Senator Moynihan ators. May they know and accept Your will consider the military tax fairness that we could have the hour evenly di- comforting wisdom as they fulfill their bill under a 3-hour time limitation. vided to talk about our troops in the ordained purposes for this day. And all Chairman GRASSLEY and Senator BAU- field, which we are hoping will be the God’s people said ‘‘Amen.’’ CUS will be here to manage time on case every morning while our troops

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

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VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.000 S27PT1 S4460 CONGRESSIONAL RECORD — SENATE March 27, 2003 are in the field, so that we can honor Molded Fiber Glass Companies, which they arrive in Basra, southern Iraq, them in this way. is one of the area’s leading employers. Saturday, March 22. Mr. REID. It would be more appro- I have been very impressed over the All of the missing in action and priate then that we leave that full years that he has been so successful in POWs in this conflict are from Texas time. I will find some time later in the both of these very different careers. He bases. They are either from Fort Hood day to speak. We should give the full has ministered to people’s spiritual and or Fort Bliss. time for people to speak. Senator NEL- temporal needs and he has made a real In addition to the great mission, I SON is here early, Senator LINCOLN, and difference in the community. feel a personal connection in this con- Senator CRAPO. We have a lot of people Reverend Warner has volunteered for flict because I know the pain and here to speak. I will give my speech at several community organizations in- agony the loved ones are going through a later time. I am sure he might ap- cluding serving on the board of the at this time and, of course, I think prove of that. Ashtabula Foundation. every day, every hour, every minute Mrs. HUTCHISON. Madam President, His church is the one in which Rev- about those who are actually in cap- erend Warner and his wife, Nancy, who I am grateful to Senator REID for mak- tivity or about whom we do not know. ing that concession. Senator Moynihan joins him today were married. In his I have tried to make contact with as had the greatest respect of all of us. I business career, Reverend Warner trav- many as I could. It has been difficult hope we will all honor him, and the els throughout North America and Eu- because many of them are in such Senator allowing us to go forward with rope to develop new markets and new stress they probably do not want to this hour that we intend to set aside products for the company which was talk to people they do not know or founded by his father-in-law, Robert S. every day we are in battle in Iraq is members of the press who might be Morrison. very helpful. I appreciate it very much. calling them. Reverend Glen Warner is a wonderful I have not connected with all of Madam President, I know Senator role model for anyone, and his unique, VOINOVICH has a special message about them. However, every conversation I dual-career underscores the fact that have had has been uplifting. I have got- the invocation this morning, and then one can be successful in business and in we would like to proceed. Senator LIN- ten more out of these conversations serving the Lord. That one can exercise than I could ever give back. I have COLN will be managing the floor for the his spiritual purpose in the realm of his Democrats. I and Senator CRAPO will talked this morning to Michelle Wil- secular responsibility in the great tra- liams, the wife of CWO David Williams, be managing the floor for the Repub- dition of the English parliamentarian licans. from Fort Hood, one of those captured and leader, William Wilburforce. by the Iraqis when the Apache heli- Madam President, the majority lead- I am so happy that his wife, Nancy, copter he was in crashed. Michelle is er, Senator FRIST, and the minority and his granddaughter Tyra Miller and also in the service. She is at Fort Hood. leader, Senator DASCHLE, have agreed her friend Keisha Gilbert joined Rev- I talked to her this morning. She has that the Senate will open every day erend Warner in the Chamber today as not been talking to the press but one of now with this hour of tribute to our he led the opening prayer at today’s her major concerns is that somehow troops. It will be set aside for that pur- session of the United States Senate. she could get a message to her hus- pose only as our way of letting them Reverend Glen Warner is a good band: That she is thinking of him, that know that we will remember every- friend and I am proud to have him here she loves him very much, that their thing they are doing, we think of them as the guest Chaplain. I encourage children are fine, but she just wants every day, and we appreciate their Members of the Senate, as they come some way to make sure that message service to our country. This is our way to the Chamber, if they get a chance, gets to him—if it is the Red Cross that to emphasize that this is first and fore- to meet Reverend Warner. He is truly could take a letter; we will certainly most on our minds, and everything we an inspiration. do will be with them in mind. The ACTING PRESIDENT pro tem- try to be helpful, as the Army will try I thank the Chair. pore. The Senator from Texas. to be helpful—if it is a message he might hear, that she has given, we f f want to do everything possible to try RESERVATION OF LEADER TIME HONORING OUR ARMED FORCES to get that message to him. She is The ACTING PRESIDENT pro tem- Mrs. HUTCHISON. Madam President, strong and brave and waiting for a pore. Under the previous order, leader- I will take some time this morning to happy reunion with her husband when ship time is reserved. show some pictures that speak more he is able to come home. than 1,000 words. They are pictures I talked to Mark Kennedy and his f from the field. They show how the wife, Mrs. Kennedy, this morning. They MORNING BUSINESS mightiest force in the world is con- are the parents of Brian Kennedy who necting with people on an individual was killed in action when his heli- The ACTING PRESIDENT pro tem- basis. copter crashed in Kuwait. Brian was pore. Under the previous order, there I start with a picture showing PFC their only son. Again, they said to me will now be a period for the transaction Joseph DeWitt, age 26, of the 7th Cal- the personal outpouring of support and of morning business not to extend be- vary Regiment carrying an Iraqi boy love and attention they have received yond the hour of 11 a.m., with the time who was injured Tuesday, March 26, in because of the loss of their son has to be equally divided between the two the fight at Al Faysaliyah. The picture made their ordeal better. They feel the leaders or their designees. speaks for what America is. Here is Army has done everything it can to Mrs. HUTCHISON. I yield to the Sen- this private, 26 years old, carrying this make this terrible situation as positive ator from Ohio. little boy to safety. You can see the as possible. They asked me to take a Mr. VOINOVICH. I thank the Chair. terror on his face, of the little boy who message to the President, which I will f is saved today because Private DeWitt certainly do. They said, please tell the President that they support him, that THE GUEST CHAPLAIN cared. An unidentified U.S. soldier gives their son had called in just 2 days be- Mr. VOINOVICH. Madam President, I candy to Iraqi boys as he patrols in the fore he was lost. He said: Don’t worry thank the majority leader for the hos- southern border city of Safwan, Friday, about me. We are good to go. We have pitality he extended to Rev. Glen W. March 21. Waving Iraqi civilians greet- been trained. We believe in this mis- Warner. I have had the pleasure of ed members of the 1st Marine Division sion. knowing Reverend Warner for many as they entered the town of Safwan. Mr. and Mrs. Kennedy want us to years. He is a remarkable person who An Iraqi child waves as a convoy of know that they supported Brian Ken- has a distinguished record of service to 3rd Brigade, 101st Airborne Division nedy and what he was doing. They his community in northeast Ohio in drives through a southern Iraqi town know the importance of this action to two vocations—as a spiritual leader of Sunday, March 23, 2003. freedom for everyone in America. the Second Congregational Church and Children wave at members of the I will take that message to the Presi- a leader in his family’s business, the British 2nd Royal Tank Regiment as dent because these are people who have

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.003 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4461 taken the greatest loss imaginable. best military force in the history of the that we join together in support of our They understand their son will be for- world. Today I would like to pay trib- troops and we do so recognizing not ever respected and revered by Ameri- ute to their bravery and their contin- only their sacrifice but also the sac- cans in perpetuity, for the loss that ued commitment to America and to rifice their families make. they have and the giving of his life to freedom. Americans show their grati- I would particularly like to recognize make sure that our way of life is en- tude through words and through deeds. those Nebraskans serving in uniform. during in perpetuity, that freedom and But often it seems like that is not Right now, we have approximately 400 America as the beacon of freedom to quite enough. Our soldiers on the Nebraska Army National Guardsmen the world will prevail because of people frontlines are putting their own lives participating in peacekeeping missions such as Brian Kennedy and CWO David at risk in defense of this Nation and in Bosnia and 675 Guardsmen serving in Williams. the freedoms we unfortunately some- Afghanistan as part of Operations En- Those are just two families with times take for granted. We cannot during Freedom and Noble Eagle. whom I have had contact. They are match that sacrifice, but we can do our These men and women hail from very special people. Their families are utmost to let them know that the en- Chadron, Gering, Scottsbluff, North very special people. We owe them a tire Nation is united behind them. Platte, Lincoln, Kearney, Falls City, great debt of gratitude. I know all As we fight battles in Iraq and con- Wahoo, Fremont and a number of other Americans feel that as well. tinue our military presence in Afghani- cities across our State. There is no I am pleased to be able to start this stan, Bosnia, South Korea, and other part of Nebraska that is not rep- tribute to our troops as we will do nations around the world, it is more resented overseas in our military. every day our troops are in the field important now than ever that we Nebraskans are also represented by protecting us, to let them know how pledge ourselves to honoring the com- 25 members of the 24th Medical Com- much we care and how brave we know mitments we make to our troops, just pany training for deployment to they are as we watch on television the as they honor our country through Kosovo as well as 125 Nebraska Air Na- kinds of weather they are enduring, in their service. tional Guardsmen deployed in regions addition to all of the normal horrors of And we must pledge that we will all around the world. I am very proud of war, sandstorms that are so thick it support and comfort their families the service of my fellow cornhuskers. I had the opportunity this past fall to looks as if it is night when it is day. while they are deployed. It is very dif- visit with a few of these troops serving They are enduring a lot for us, and we ficult to be separated from loved ones at Aviano Air Force Base in Italy. It want them to know we appreciate it. in the best of circumstances—I hope was a real pleasure to sit down with My last word is that I hope anyone that all our military men and women SSgt Michale Varney of Murray, SrA who hears our message will not forget know that we will help their families Aaron Mueller of Weeping Water, MSgt the Geneva Convention; that the treat- through this difficult period until they Edward Coufal of Plattsmouth, and ment of our prisoners of war—and any are able to come back home and rejoin Airman Elizabeth Ahrens of my home- their families. we do not know who are prisoners—will town of McCook. I can honestly say I would also like to express my grati- be humane and in line with the Geneva that they are truly among the best Ne- tude to the service personnel deployed Convention because I know for sure braskans that our State has ever pro- stateside, at bases like Offutt Air America is giving medical treatment, duced. food, water, and care to those Iraqi Force Base in Bellevue, NE and the Na- Thank you for this opportunity to prisoners. We would always comply tional Guard headquarters in Lincoln show my support for our troops. with the norms of war, including hu- and all those who serve all over the The ACTING PRESIDING pro tem- mane treatment of prisoners. I hope if country serving in similar capacities. pore. The Senator from Idaho. there is any modicum of honesty and Through their work maintaining equip- Mr. CRAPO. Madam President, I also integrity in the Iraqi military, they ment, keeping our intelligence chan- stand with the Senator from Texas, the will be treating our prisoners in like nels open, and keeping our homeland Senator from Arkansas, the Senator manner to the way their prisoners are safe, they continue to ensure that our from Nebraska—really, all the Sen- being treated. nation has the best run, best trained, ators—to take this opportunity to I yield the floor. and best staffed military in the history share our feelings about the support we The PRESIDING OFFICER. The Sen- of the world. have for our troops while they are en- ator from Arkansas. We must also recognize the changing gaged in this difficult battle in Iraq. Mrs. LINCOLN. Madam President, I face of our military. No longer are our While our Nation fights the war on am pleased to be here for the second Nation’s armed forces primarily com- terrorism, taking on even more de- continuing day of the Senate’s tribute posed of full-time troops. Now, a siz- manding and dangerous tasks, and is to the troops. I compliment my col- able number of our service members now actually headed into heated battle league from Texas. I thank her for are reservists and guardsmen. We do in the Arabian Peninsula, it is impor- being here this morning. We talked not make the distinction of the troops tant that we remember just how impor- about how important it is for the en- in the field who are active duty, ready tant the United States military is to tire Senate to come and talk fre- Reserves or Guard members. We should preserving and protecting our national quently about our troops so they do not make a distinction in our policies security. know we are solidly behind them and that affect them. This week, this Each of us in the Senate and those making sure they know our thoughts Chamber spoke with one voice in re- we represent throughout the country and prayers are with them. solving to make sure our Reserve and owe a sincere debt of gratitude to the I yield time now to the Senator from Guard members have the equipment brave men and women in uniform. Our Nebraska, Mr. NELSON. and support they need. We will now see soldiers, sailors, and marines serve us The PRESIDING OFFICER. The Sen- that vote through. with unselfish courage and epitomize ator from Nebraska. I also note that reservists are par- the term ‘‘hero.’’ Mr. NELSON of Nebraska. Madam ticularly likely to come from the ranks I will point out another brave group President, I thank my colleague from of the Nation’s first responders. For of men and women serving in harm’s Arkansas for yielding time to speak those police officers, firefighters, and way. These are the thousands of our this morning and compliment the Sen- EMTs who serve in the Reserves, they guardsmen and reservists who have ator from Texas for a very graphic ex- honor our Nation twice—providing been called to duty here in America pression of the treatment of the Iraqi hometown security and then putting and abroad. people by our military. on another uniform to provide national On a sad note, I would like to share I rise today to show my support for security. We need to make sure that with my colleagues my heartfelt sad- our troops, both those serving abroad the burdens placed on them and their ness over the death of Air National and those providing vital support here families do not make it more difficult Guardsman Major Gregory Stone, from at home and their families. for them to serve. Idaho, who was killed on March 23. Our men and women in uniform have It is my pleasure to be here today to Major Stone, serving as liaison with proven over and over that they are the address these issues and to make sure the Army’s 101st Airborne Division in

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.005 S27PT1 S4462 CONGRESSIONAL RECORD — SENATE March 27, 2003 Kuwait, was one of the victims of the share of active duty as well, most re- guardsmen or reservists, for putting grenade attack on the officers’ tents at cently being called to service following their lives on the line for our freedom. Camp Pennsylvania. Major Stone the attacks on the World Trade Center Every generation in America has had leaves behind two sons, Evan, age 11, and the Pentagon. The Air Guard’s the opportunity, in some context or an- and Joshua, age 7, and an entire com- equipment includes C–130 transports, as other, to defend our freedom. And these munity, State, and Nation in grief. well as the very capable close in sup- brave men and women are being called Major Stone’s father said: port fighter, the A–10. upon to risk the greatest sacrifice so My son died to allow the guy who killed Units of the Army and Navy Reserve we in America and people throughout him to believe in what he believed. are also very active in Idaho. The the globe can continue to have the As we know right now, it appears it Army Reserve has 11 units in the State freedoms which we cherish so greatly. is very possible that the cowardly at- with 750 personnel assigned while the I reserve the remainder of our time. tack that killed Major Stone may have Navy Reserve has approximately 250 The ACTING PRESIDENT pro tem- been perpetrated by another fellow sol- members. Many reservists, from a host pore. The Senator from Arkansas. dier. That is being investigated at the of specialities and backgrounds, rang- Mrs. LINCOLN. Madam President, I moment. ing from civil affairs to logistics, have now yield a portion of our time to the Major Stone, an Oregon native, was been called to active duty during the Senator from New Jersey, Mr. LAUTEN- one of six Idaho Air National Guard past year. BERG. members working as liaisons with the Each Idahoan in uniform has a de- The ACTING PRESIDENT pro tem- Army’s 101st Airborne Division in Ku- manding responsibility, and I am pore. The Senator from New Jersey. wait. He worked for 2 years at the Air grateful for all they do. And right now, Mr. LAUTENBERG. Madam Presi- Expeditionary Force Battlelab in over 100,000 reservists nationwide have dent, I thank our good friend from Ar- Mountain Home, ID, as the lab’s B–1 been placed on active service. kansas. bomber expert. Since September, he For the foreseeable future, our Madam President, the floor is open was an independent assessor with the Armed Forces will be dealing with principally to pay our respects to our company that does contract work for more and more demands. We are facing citizens, our friends, and our neighbors the lab. uncertainly in the Persian Gulf, and who are serving now in the Iraqi the- One of his colleagues, MAJ Thomas threats worldwide continue to loom. It ater to try to right a terrible wrong G. Westall, U.S. Air Force, Retired, will be difficult and tough duty for that has been perpetrated on the world; said: these brave people, but I have complete and that is, to make sure we get rid of He paid the highest sacrifice for being a confidence in their ability to meet the the savage regime of Saddam Hussein good soldier. tasks ahead. And I also know, that and the threat he brings not only to Major Stone is just one of those Idaho, with its long tradition of mili- the people in that region but to people brave Americans who will be called tary service, will continue to play an across the world. upon to pay the highest sacrifice for important role in the defense of our People recognize that were he to con- our freedom. I commend him and all of Nation. tinue unfettered in his capacity to de- those in our military who are putting Many Americans have expressed velop his military might, it would be their lives on the line to protect our their heartfelt appreciation of our quite incredible to witness. The fact is, freedom, and I express the gratitude of troops. It is indeed tragic that the lives we are there with so much force and so a grateful country for their service. of many men and women are now being much skill and so much technology, Idahoans, as all Americans have a put in harm’s way because Iraqi leaders and still we are facing constant obsta- long-standing tradition of service in would not to conform to international cles to our mission of getting rid of the our Nation’s Armed Forces. As each of resolution that would have brought a regime and reducing the threat or my colleagues here can attest, our peaceful end to this conflict. Sadly, we eliminating the threat that these States have called forward their best are seeing Iraq refuse to voluntarily weapons might bring to that area and and bravest to protect our security and end its support of terrorism and stop to the world at large. preserve our liberties. Idaho has a con- the threat from the weapons of mass New Jersey is the home of McGuire tingent of guardsmen, reservists, and destruction Iraq possesses. Air Force Base. That is a base that has mainline forces in the Persian Gulf and My heart and my prayers are with had members leaving for conflicts over engaged in the war on terrorism. our troops and their families. This is a the years, and particularly with the The Gunfighters of Mountain Home time for support of all of those brave first gulf war in 1990 and presently, and Air Force Base are among the best Americans being put at risk to defend other conflicts that we have seen, be- trained forces in our military because our national security. We will win this cause of the mobility of an air wing they train at the world-class ordnance conflict and end the multiple threats of that we have there to refuel aircraft in training facility in Southwest Idaho. weapons, terrorism, and continued in- the air, both cargo and fighter craft, as Mountain Home offers the Air Force stability in the Middle East the Iraqi well as carrying cargo of substantial one of the best training bases in the dictator represents. proportion and need to the theater so world. With its good weather and unob- Every generation of Americans has our troops have facilities with which to structed air space, our pilots can train faced the need to protect our freedoms, take care of their needs personally as almost year-round. As Air Force pilots and we live in a new age where inno- well as, unfortunately, those facilities from around the country can attest, cent Americans have died at the hands that might be called upon if they are the training range in Idaho keeps them of terrorists. Our President has made wounded or injured in any way. on the cutting edge of combat effec- the difficult decision that our national At this moment, New Jersey has tiveness. security is on the line and I fully sup- about 5,000 people deployed from var- The Idaho Reserve and National port his decision. ious Reserve and regular Army and Ma- Guard provide another vital military Our President and the men and rine units, as well as other branches of presence in our State. These citizen women in our Armed Forces will pro- the military. soldiers provide a critical service to tect our freedom and continue to make One person, SGT James Riley, was our State and to our Nation. The Idaho out nation secure. We owe them our someone we saw on television not very Army National Guard, with 28 units support, our prayers, and our hopes long ago being questioned by his cap- throughout the State, has 3,500 mem- that this conflict is over as soon as tors, the Iraqis. We have been trying to bers and, during the past year, has pro- possible. contact his family to offer our services vided personnel for active duty service There is much more I could say, but in whatever way we can, and to see if throughout the world. Very recently, I conclude my remarks by, once again, we can find out something about how elements of the Idaho Army National coming back to the importance that I he is being treated, to make sure the Guard completed an extended rotation place on this Senate giving time each rules of the Geneva Convention are ob- in the Balkans. day, as we are now doing, to commend served to the letter in the treatment of The Air Guard, which has its head- the men and women in uniform, wheth- prisoners. They cannot, under any kind quarters at Gowen Field, has seen its er they be our active military, or our of a rule of civilization or treaties,

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.007 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4463 manhandle prisoners. It is not per- word of the prophet Isaiah who said, Lord God will wipe away tears from off mitted. You are not permitted to inter- ‘‘He will swallow up death in victory; all faces.’’ view on public media. And you are not and the Lord God will wipe away tears May God grant strength and peace to permitted to interrogate in public. We from off all faces.’’ those who mourn, and may God bless want the Iraqis to know there is a price May God grant strength and peace to the United States of America. to pay for that kind of action. We de- those who mourn, and may God bless f mand they observe all the conventions the United States of America. TRIBUTE TO MAJOR ANTHONY D. that relate to prisoners and their treat- Mr. President, I also rise today with ‘‘TONY’’ SINNOTT ment. great sadness and tremendous grati- Mr. BAYH. Mr. President, I rise tude to honor the life of a brave young Mr. BUNNING. Mr. President, I rise today with great sadness and tremen- man from Hobart, IN. Greg Sanders today to honor and pay tribute to U.S. dous gratitude to honor the life of a was just 19 year old. On Monday, March Marine Corps Reserve Major Anthony brave young man from Atwood, IN. 24, 2003, he was with his Army unit, the D. ‘‘Tony’’ Sinnott. A former Lcpl David Fribley was 26 years old. He 3rd Infantry, 3rd Battalion, 69th Armor Flatwoods, KY native, Major Sinnott died Sunday in Nasiriyah, Iraq as he Division, 1st Brigade, Company B, was recently awarded the Joint Service and his fellow Marines encountered when he was mortally wounded by an Commendation Medal for being chosen Iraqi soldiers believed to be surren- Iraqi sniper bullet. Greg was in Iraq, as the Reserve Officer of the Year for dering. Instead, the Iraqis opened fire, far away from loved ones and fellow 2002. killing David Fribley and eight other countrymen, to fight for the values of Major Sinnott was chosen from 560 Americans, David was there, in a far democracy we all hold close to our reserve officers from all the armed away land, to fight for the values we hearts. services serving the U.S. Central Com- all hold close to our hearts. Greg Sanders is the third Hoosier to mand in support of Operation Enduring David Fribley was the second Hoosier be killed while dutifully serving our Freedom. Sinnott received the award killed while dutifully serving his coun- Nation in Operation Iraqi Freedom. from General Tommy Franks, Combat- try in Operation Iraqi Freedom. Today, Today, I mourn along with Greg’s fam- ant Commander of U.S. Central Com- I mourn David’s death with his family, ily, friends, and community. While our mand in Tampa, Florida. friends and the Atwood community. pride in him shall certainly live on, so The citizens of Flatwoods, KY, and While our pride in David shall cer- too will our sorrow. Although Greg’s the Commonwealth are proud of Major tainly live on, so too will our sorrow. life was cut short, his courage, and his Sinnott’s accomplishments. His exam- Even though David’s life on Earth has dedication to the preservation of de- ple of hard work, determination, and been cut short, his bravery, and his mocracy will live on to serve as a guid- patriotism are appreciated by all strength of character shall live on as a ing light in these dark days of war. across the United States. As we con- powerful and consoling force during Greg Sanders was a natural born tinue to keep our soldiers deployed all these difficult days of conflict. leader who always loved challenging around the world in our thoughts and David Fribley was a quiet and caring himself in everything he did, whether prayers, I rise to also thank the thou- man who led by example, not mere it was on the bowling lane or the bat- sands of men and women who wear our words. He was adored by all who knew tlefield. From the time Greg was small, uniform and serve our Nation so coura- him for his soft-spoken manner and it was his dream to be a soldier. It was geously. great sense of humor. He was com- with great pride that he left for Iraq, Mr. President, I thank the Senate in pelled to leave his job working with the prepared to do his duty and willing to joining me to congratulate Major elderly and join the Marine Corps after make the ultimate sacrifice, if fate dic- Sinnott on his service to the U.S. Ma- witnessing the terrorist attacks of Sep- tated, for a country he loved dearly. rine Corps and our great Nation. tember 11. Upon his resignation David Greg attended Hobart High School f stated: ‘‘The greatest gift is the gift of where he ran cross-country and began TRIBUTE TO SGT. BRADLEY service.’’ This kind of selflessness is an his training to become a soldier before KORTHAUS inspiration to us all. his graduation in 2001. He leaves behind David leaves behind father Garry and his mother Leslie Sanders, a brother, Mr. GRASSLEY. Mr. President, I rise mother Linda, brother Steven, who two sisters, his wife Ruthann, and their today for the very sad purpose of hon- serves in the Air Force, and a fiance´e. 1-year-old daughter, Gwendolyn. He oring a fallen American. He attended Warsaw Community High will be greatly missed by his family, I learned this morning that Sgt Brad- School where he was a star athlete in fellow soldiers, and the Hobart commu- ley Korthaus of Davenport, Iowa, has both track and football. After high nity as a whole. died while in service to his country as school he attended Indiana State Uni- President Abraham Lincoln wrote in part of Operation Iraqi Freedom. I versity and graduated in 2001. a letter to the mother of a fallen Union would like to take this opportunity to President Abraham Lincoln wrote in soldier: ‘‘I pray that our Heavenly Fa- salute his patriotism and his sacrifice. a letter to the mother of a fallen Union ther may assuage the anguish of your Sgt Korthaus disappeared Monday soldier: ‘‘I pray that our Heavenly Fa- bereavement, and leave you only the during an operation in which he and ther may assuage the anguish of your cherished memory of the loved and three other Marines were swimming bereavement, and leave you only the lost, and the solemn pride that must be across a canal in southeastern Iraq, cherished memory of the loved and yours to have laid so costly a sacrifice and his body has now been recovered. lost, and the solemn pride that must be upon the alter of freedom.’’ These This is the first Iowan who has died yours to have laid so costly a sacrifice words ring as true today as they did 140 in the current conflict in Iraq and the upon the altar of freedom.’’ These years ago, as we mourn the loss of Greg news has hit home with me and my words ring as true today as they did 140 Sanders and honor the sacrifice he staff. ago. As we mourn the loss of David made for America and for all of human- We all know that sacrifice is part of Fribley and honor the sacrifice he ity. war, and the President has tried to pre- made for America and for all of human- It is my sad duty to enter the name pare us for the inevitable losses; but it ity. of Greg Sanders in the official record of is impossible to fully prepare for the It is my sad duty to enter the name the Senate for his service to this coun- loss of a young life. of David Fribley in the official record try and for his profound commitment My prayers go out to Steve and of the U.S. Senate for his service to to freedom, democracy, and peace. Marilyn Korthaus who grieve for their this country and for his profound com- When I think about this just cause in son and to all of the family, friends, mitment to freedom, democracy, and which we are engaged, and the unfortu- and neighbors who are touched by his peace. When I think about this just nate pain that comes with the loss of passing. cause in which we are engaged, and the our heroes, I hope that families like There is nothing I can say that can unfortunate pain that comes with the Greg’s can find comfort in the word of take away the pain they must feel, but loss of our heroes, I hope that families the prophet Isaiah, who said: ‘‘He will they should know that they are not like David’s can find comfort in the swallow up death in victory; and the alone in their grief.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.008 S27PT1 S4464 CONGRESSIONAL RECORD — SENATE March 27, 2003 Iowans have a strong sense of com- was never affectionate with her broth- ‘‘I want to defend the country I plan munity and I know that Bradley’s loss er, hugged and kissed him before he to become a citizen of,’’ he wrote to will be felt deeply by many who never left. ‘‘I knew I had to do that,’’ she her. He also left a tape recording before even knew him. said. his deployment for his beloved Uncle Bradley Korthaus deserves the high- He also left behind his wife Jazty and Urbano, whom he regarded as a surro- est gratitude of this body and the en- their 3-week-old baby boy, Alonso, who gate father. tire Nation. His sacrifice reminds us he never knew. He had hoped to retire In the tape he said: ‘‘I’m being called that freedom is so precious because of from the Marines in a year and become to represent and serve my country. I its incredibly high cost. a policeman. don’t know if I’ll return, and I want Bradley’s father served in Vietnam Before leaving he told his anxious you to know that I love you and how and Bradley followed that tradition of mother,: ‘‘Don’t worry, mom. If I die a much I appreciate the support and love service to his country. Marine, I’ll die honored.’’ you have given me over the years.’’ This is an example of the patriotic Marine Sgt Michael Bitz, a part of LCpl Jose Gutierrez was the first contribution made by thousands of the 2nd Assault Amphibious Battalion, American killed in combat. He was American service members and their 2nd Marine Division, was just 31 years struck by enemy fire while fighting families. old. He grew up in Port Hueneme. alongside fellow Marines near the The love of country and dedication to He loved being a Marine so much, he southern Iraqi port city of Umm al service shared by so many of its citi- reenlisted last fall. He loved his wife Qasr. He was 22 years old. zens is the great strength of our Nation Janina so much that they had just re- LCpl Gutierrez arrived in the United and we can all be very proud of patriots newed their vows. When he left for the States when he was a 16 year old or- like Bradley Korthaus. gulf, they were expecting twins, Caleb phan, having left poverty-stricken cir- Mrs. FEINSTEIN. Mr. President, I and Taylor, who are now a month old. cumstances in Guatemala City and a rise today to honor the 24 young Amer- They also have a 2-year-old son, Josh- country racked by a brutal civil war. ican men who have died in the conflict ua, and a 7 year-old son, Christian, He traveled over 2,000 miles by foot, in Iraq. from an earlier marriage. north through Mexico, in search of a I would like to pay particular trib- In his last phone call to his mother, better life here in the United States. Like so many immigrants, his past ute, however, to the six men from my Donna, Sargeant Bitz was able to tell was soon eclipsed by his new life as an home State of California, and to talk her that he loved her—and in his last American. He was taken in by the briefly about each of them. letter he said that he was her warrior. Mosquera family, of Lomita, CA. Nora To date, the young men of California In classic Marine-style, she always and Max Mosquera had begun helping account for one-fourth of all the Amer- called her ‘‘ma’am.’’ icans that have made the ultimate sac- Cpl Randal Kent Rosacker was also a immigrant foster children when their rifice. To date, nearly 120,000 men and member of the 2nd Marine Expedi- own children had grown. ‘‘He joined the Marines to pay back a women now stationed in the Middle tionary Brigade. He was a rough-and- little of what he’d gotten from the East, many of them in harm’s way, are tumble athlete who loved the outdoors U.S.,’’ Max Mosquera said. ‘‘For him it either from California or were sta- and ever since he was a boy he knew he was a question of honor.’’ tioned there before being deployed. wanted to follow his father, Rod, into A tall and quiet young man who en- It is often said that California re- the military. joyed soccer and chess, Jose learned ceives too much from the Federal Gov- Cpl Rosacker grew up in San Diego, English quickly and had plans to study ernment—too much of the appropria- the son of a Navy man. He played foot- architecture. tions pie. But when you consider our ball, baseball and wrestled for the ‘‘He was such a good kid,’’ remem- population is 35 million and you re- Serra High School Conquistadors. His bered Robert Nobles, a physical edu- member that, on average, Californians wrestling coach, Steve Stone, recalled cation teacher at North High in Tor- pay more in federal taxes than they re- when Randal broke his hand senior rance, where Corporal Gutierrez grad- ceive in Federal programs, this is sim- year, just before an important game. uated in 2000. ply not the case. And Californians are ‘‘Well, we heard some thudding on I have been told that news of his playing a very prominent role in liber- the wall in the lockeroom,’’ he said. death has resonated throughout Guate- ating the Iraqi people from the tyranny ‘‘We walk in, and Randy had broken off mala. Every major newspaper, radio of Saddam Hussein. his cast. He said: ’Coach, tape it up. and TV station carried his story. He Of the six Californians that have died I’m ready to go.’’’ has been portrayed as a brave and self- so far, two were not yet citizens, while His former baseball coach, Chris less young man—which he most cer- one was a direct descendant of the sec- Herrin, said that Rosacker’s team- tainly was. ond and sixth Presidents of the United mates could always count on him. ‘‘He Navy LT Thomas Mullen Adams grew States. was the kind of guy who you would up in comfort, in the suburb of La Together, they embody the depth and want fighting for your country,’’ Mesa, as a member of a family that breadth of America’s armed forces men Herrin said. traces its roots directly to John and women from all walks of life, will- His grandmother, Patricia, said her Adams, one of America’s most impor- ing to give their lives to defend our grandson died doing something he tant Founding Fathers. freedoms. loved—serving America. ‘‘He believed He graduated from Grossmont High The first four I would like to honor— in what he was doing,’’ she said. He was School in 1993 and the United States Corporals Jorge Gonzalez, Randal Kent just 21 years old. Naval Academy in 1997. Rosaker, and Jorge Garibay, and SGT Born in Jalisco, Mexico, Cpl Jorge He received flight training in Pensa- Michael Bitz—were killed on March 23, Garibay played football at Newport cola, FL, and inherited his love of fly- in heavy fighting outside the town of Harbor High School, in Costa Mesa. He, ing from his father, John, an architect An Nasiriya. too, was just 21 years old. who helped design the aerospace mu- Two were fathers with infant chil- One of his teachers, Janis Toman, de- seum in San Diego. dren that they never met, a third a son scribed him as a hard worker who fre- Promoted to lieutenant in the year who followed his father into the mili- quently returned to the high school 2000, Adams won two National Defense tary. campus in full uniform, to encourage Service Medals, three sea service de- Twenty year-old Cpl Jorge Gonzalez students to do their best. ployment ribbons, and other awards. was part of the 1st Battalion of the 2nd Ms. Toman received a letter from Cpl ‘‘He’s one of these amazingly clean- Marine Expeditionary Brigade. He grew Garibay just a few hours before learn- cut, all-American kids,’’ his aunt, Eliz- up in Rialto, with his parents, Rosa ing of his death, as she packed him a abeth Hansen, told the San Diego and Mario, and five siblings. He was an care package. ‘‘He wrote of simple Union Tribune Newspaper. ‘‘He’s the avid soccer player, and a graduate of El things that we take for granted but kind of kid that if you had a very spe- Monte High School. make soldiers happy,’’ she said. cial daughter, you would hope that she His last visit home was at Christmas. ‘‘Things like moving from a small tent would snag him. He was just amazingly There, his younger sister Nancy, who to a bigger one.’’ bright, funny, and kind.’’

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.004 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4465 In October 2002, Lieutenant Adams of contributions to this body and to legislative director from 1995 to 2000. was assigned as an exchange officer New York and to the region and to the When Pat retired, Gray wrote a tribute with the British Royal Navy’s 849th Nation and to the world are immeas- that was printed in Long Island Squadron, now on the aircraft carrier urable. Newsday. I will also ask that the trib- Ark Royal. He, like many who are serving now ute be printed in the RECORD. An avid soccer fan who had volun- and have served, was born in modest In closing, I note that one of Pat’s teered to go to Japan with the carrier circumstances and was raised in an great abiding passions was public Kitty Hawk in time for the World Cup area on the west side of New York works—not just in New York but here finals last summer, he joined a local called Hell’s Kitchen, a rough and tum- in Washington. He authored much of team near his base in Helston, Eng- ble area. He joined the Navy. He served the Intermodal Surface Transportation land. in World War II. And then he went on Efficiency Act, ISTEA, he fought for Lieutenant Adams’s family said he to earn degrees at the Fletcher School Amtrak and mass transit, he wrote the particularly enjoyed his time with the of Law and Diplomacy at Tufts Univer- guiding principles for federal architec- Royal Navy for two reasons: Every ship sity. ture, he shepherded the Union Station had a pub onboard, and he was allowed In the early 1950s, Pat Moynihan redevelopment and the Thurgood Mar- a weekly 20-minute phone call home. worked for the International Rescue shall and Ronald Reagan buildings to He died with the Royal Navy when the Committee, one of the earliest and completion, and he almost single- helicopter he was flying collided with most effective human rights organiza- handedly transformed Pennsylvania another helicopter over the Persian tions. Then he joined the administra- Avenue. I think what was written in Gulf. He was just 27 years old. tion of New York Governor Averill St. Paul’s Cathedral in London for Sir Mr. President, we all wish for a quick Harriman, where he met his beloved Christopher Wren would serve as an resolution of this war to limit casual- wife and someone we all love, Liz. equally fitting tribute to Pat Moy- Pat and Liz came to Washington with ties, military and civilian, American, nihan: Si monumentum requiris the Kennedy administration, and Pat allied, and Iraqi. We wish that Amer- circumspice [If you would see the went on to serve in the cabinet or sub- ican and coalition forces will be able to man’s monument, look about you.]. cabinet of the next three Presidents, liberate the people of Iraq soon, and I ask unanimous consent that his two of whom were Republicans. He that our men and women will be able commencement address delivered at served as U.S. Ambassador to India and to return home to their families. Until Harvard University on June 6, 2002, to as U.S. Representative to the United then, however, they remain in our Nations. which I referred, and an article written thoughts and our prayers, along with All the while, he had a busy and pro- by a person on my staff, Gray Maxwell, those who have already fallen. lific career in academia, with teaching who was on the Moynihan staff before All Americans owe an enormous, an positions at Syracuse and Harvard and that, that demonstrates beautifully the almost incalculable debt to these other universities. It is often said that character and capability Pat Moynihan young men who were willing to sac- Pat Moynihan has written more books brought to his job and to all of us, be rifice their own futures for the future than most people have read. And those printed in the RECORD. of this country they so dearly loved so books were on subjects as diverse as There being no objection, the mate- that we, as a people, might be safe and ethnicity, welfare policy, secrecy as rial was ordered to be printed in the free. Their sacrifices must never be for- form of regulation, and international RECORD, as follows: gotten. law. His books and essays and op-eds COMMENCEMENT ADDRESS, JUNE 6TH, 2002, BY I thank the Chair. were always erudite and displayed a DANIEL PATRICK MOYNIHAN f wit and wisdom and grace few people A while back it came as something of a TRIBUTE TO DANIEL PATRICK have. His books were so well received, start to find in The New Yorker a reference MOYNIHAN whenever they were produced. to an article I had written, and I quote, ‘‘In I doubt anyone else ever entered the the middle of the last century.’’ Yet persons Mr. LAUTENBERG. At the same United States Senate with a greater my age have been thinking back to those times and how, in the and, things turned out time, I wish to pay tribute to a dear breadth of experience or knowledge. friend who passed away yesterday, Sen- so well and so badly. Millions of us returned Pat Moynihan was made for the Sen- from the assorted services to find the eco- ator forever, Pat Moynihan. ate, and the Senate was made for men I came to the Senate 6 years after he nomic growth that had come with the Sec- like Pat Moynihan. ond World War had not ended with the peace. arrived here, and we served together Pat was not only a great intellectual; The Depression had not resumed. It is not for 18 years. We left together at the he was a man of principles, deeply held perhaps remembered, but it was widely same time in 2001. and eloquently expressed. And yet he thought it would. I personally will miss him and think had that remarkable ability of being It would be difficult indeed to summon up fondly of the moments we shared to- able to disagree without being dis- the optimism that came with this great sur- gether, but, at the same time, say agreeable. There isn’t a single Member prise. My beloved colleague Nathan Glazer and the revered David Riesman wrote that thank goodness—thank goodness—that of the Senate who served with him who this place and this country had Sen- America was ‘‘the land of the second chance’’ didn’t also love and revere him. and so indeed it seemed. We had surmounted ator Pat Moynihan. We are poorer for Pat’s passing, but the depression; the war. We could realisti- He was a great man, with a brilliant rather than dwell on that, I would like cally think of a world of stability, peace— mind, an incredible wealth of knowl- to express my gratitude that someone above all, a world of law. edge. He will have left a mark forever with such inestimable talents and ener- Looking back, it is clear we were not near- on our Government and on our society, gies devoted them to public service. We ly so fortunate. Great leaders preserved—and even at a time when our culture has ex- are definitely richer for that. in measure extended—democracy. But totali- hibited an ephemeral quality. We send our sympathy to Liz Moy- tarianism had not been defeated. To the con- trary, by 1948 totalitarians controlled most We can think of the moments we nihan, and to the children, Timothy shared with him, all of us who had the of Eurasia. As we now learn, 11 days after and Maura and John, and to the grand- Nagasaki the Soviets established a special good fortune to serve with him. Be- children, Michael Patrick and Zora. committee to create an equivalent weapon. cause New York and New Jersey are We live in tumultuous and dangerous The first atomic bomb was acquired through neighboring States and have many times. No one understood that better espionage, but their hydrogen bomb was similar concerns, he and I worked than Pat Moynihan, and we would ben- their own doing. Now the Cold War was on. closely on many issues. We served to- efit from his counsel. I will include for From the summer of 1914, the world had been gether on the Environment and Public the RECORD a commencement address at war, with interludes no more. It finally Works Committee. that Pat delivered at Harvard Univer- seemed to end with the collapse of the Soviet He will be rightfully remembered as Union and the changes in China. But sity about world events and foreign now... one of the giants who have served in policy, and I commend it to my col- But now we have to ask if it is once again this Senate. He will be able to be com- leagues. the summer of 1914. pared to the greats at the founding of On a more personal note, my legisla- Small acts of terror in the Middle East, in this country because his half century tive director, Gray Maxwell, was Pat’s South Asia, could lead to cataclysm, as they

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.068 S27PT1 S4466 CONGRESSIONAL RECORD — SENATE March 27, 2003 did in Sarajevo. And for which great powers, For argument’s sake one could propose ever obnoxious to our fundamental ideals. mindful or not, have been preparing. that Marxism was the last nearly successful But in the wake of 9/11, we confront the fear The eras are overlapping. effort to Westernize the rest of the world. In that such heinous speech can be a precursor As the United States reacts to the mass 1975, I stood in Tiananmen Square, the cen- to violence, not least here at home, that murder of 9/11 and prepares for more, it ter of the Middle Kingdom. In an otherwise threatens our existence. would do well to consider how much terror empty space, there were two towering masts. To be sure, we must do what is necessary India endured in the second half of the last At the top of one were giant portraits of two to meet the threat. We need to better under- century. And its response. It happens I was hirsute 19th century German gentlemen, stand what the dangers are. We need to ex- our man in New Delhi in 1974 when India det- Messrs. Marx and Engels. The other dis- plore how better to organize the agencies of onated its first nuclear device. I was sent in played a somewhat Mongol-looking Stalin government to detect and prevent calami- to see Prime Minister Indira Gandhi with a and Mao. That wasn’t going to last, and of tous action. statement as much as anything of regret. course, it didn’t. But at the same time, we need take care For there was nothing to be done; it was Hence Huntington: ‘‘The central problem that whatever we do is consistent with our going to happen. The second most populous in the relations between the West and the basic constitutional design. What we do nation on earth was not going to leave itself rest is . . . the discordance between the must be commensurate with the threat in disarmed and disregarded, as non-nuclear West’s—particularly America’s—efforts to ways that do not needlessly undermine the powers appeared to be. But leaving, I asked promote universal Western culture and its very liberties we seek to protect. to speak as a friend of India and not as an of- declining ability to do so.’’ The concern is suspicion and fear within. ficial. In twenty years time, I opined, there Again there seems to be no end of ethnic Does the Park Service really need to photo- would be a Moghul general in command in conflict within civilizations. But it is to the graph every visitor to the Lincoln Memorial? Islamabad, and he would have nuclear weap- clash of civilizations we must look with a They don’t, but they will. It is already ons and would demand Kashmir back, per- measure of dread. The Bulletin of the Atomic done at the Statue of Liberty. In Wash- haps the Punjab. Scientists recently noted that ‘‘The crisis ington, agencies compete in techniques of in- The Prime Minister said nothing, I dare to between India and Pakistan, touched off by a trusion and exclusion. Identity cards and X- think she half agreed. In time, she would be December 13th terrorist attack on the Indian ray machines and all the clutter, plus a new murdered in her own garden; next, her son Parliament marks the closest two states life for secrecy. Some necessary; some dis- and successor was murdered by a suicide have come to nuclear war since the Cuban couraging. Mary Graham warns of the stulti- bomber. This, while nuclear weapons accu- Missile Crisis.’’ By 1991, the minute-hand on fying effects of secrecy on inquiry. Secrecy, mulated which are now poised. their doomsday clock had dropped back to 17 as George Will writes, ‘‘renders societies sus- Standing at Trinity Site at Los Alamos, J. minutes to midnight. It has since been ceptible to epidemics of suspicion.’’ Robert Oppenheimer pondered an ancient moved forward three times and is again We are witnessing such an outbreak in Sanskrit text in which Lord Shiva declares, seven minutes to midnight, just where it Washington just now. Great clamor as to ‘‘I am become Death, the shatterer of started in 1947. what the different agencies knew in advance worlds.’’ Was he right? The terrorist attacks on the United States of the 9/11 attack; when the President was At the very least we can come to terms of last September 11 were not nuclear, but briefed; what was he told. These are legiti- with the limits or our capacity to foresee they will be. Again to cite Huntington, ‘‘At mate questions, but there is a prior issue, events. some point . . . a few terrorists will be able which is the disposition of closed systems It happens I had been a Senate observer to to produce massive violence and massive de- not to share information. By the late 1940s the START negotiations in Geneva, and was struction. Separately, terrorism and nuclear the Army Signal Corps had decoded enough on the Foreign Relations Committee when weapons are the weapons of the non-Western KGB traffic to have a firm grip on the Soviet the treaty, having been signed, was sent to weak. If and when they are combined, the espionage in the United States and their us for ratification. In a moment of mischief non-Western weak will be strong.’’ American agents. No one needed to know This was written in 1996. The first mass I remarked to our superb negotiators that we about this more than the President of the murder by terrorists came last September. had sent them to Geneva to negotiate a trea- United States. But Truman was not told. By Just last month the vice president informed ty with the Soviet Union, but the document order, mind, of Omar Bradley, Chairman of Tim Russert that ‘‘the prospects of a future before us was a treaty with four countries, the Joint Chiefs of Staff. Now as then there attack . . . are almost certain. Not a matter only two of which I could confidently locate is police work to be done. But so many forms of if, but when.’’ Secretary Rumsfeld has on a map. I was told they had exchanged let- of secrecy are self-defeating. In 1988, the CIA added that the attack will be nuclear. ters in Lisbon [the Lisbon Protocol, May 23, We are indeed at war and we must act ac- formally estimated the Gross Domestic 1992]. I said that sounded like a Humphrey cordingly, with equal measures of audacity Product of East Germany to be higher than Bogart movie. and precaution. West Germany. We should calculate such The hard fact is that American intel- As regards precaution, note how readily risks. ligence had not the least anticipated the im- the clash of civilizations could spread to our The ‘‘what-ifs’’ are intriguing. What if the plosion of the Soviet Union. I cite Stansfield own homeland. The Bureau of the Census United States had recognized Soviet weak- Turner, former director of the CIA in For- lists some 68 separate ancestries in the ness earlier and, accordingly, kept its own eign Affairs, 1991. ‘‘We should not gloss over American population. (Military gravestones budget in order, so that upon the breakup of the enormity of this failure to forecast the provide for emblems of 36 religions.) All the the Soviet Union a momentous economic aid magnitude of the Soviet crisis.... The cor- major civilizations. Not since 1910 have we program could have been commenced? What porate view missed by a mile.’’ had so high a proportion of immigrants. As if we had better calculated the forces of the Russia now faces a near-permanent crisis. of 2000, one in five school-age children have future so that we could have avoided going By mid-century its population could well de- at least one foreign-born parent. directly from the ‘‘end’’ of the cold War to a cline to as few as 80 million persons. Immi- This, as ever, has had bounteous rewards. new Balkan war—a classic clash of civiliza- grants will press in; one dares not think The problem comes when immigrants and tions—leaving little attention and far fewer what will have happened to the nuclear ma- their descendants bring with them—and even resources for the shattered Soviet empire? terials scattered across 11 time zones. intensify—the clashes they left behind. Because we have that second chance Admiral Turner’s 1991 article was entitled Nothing new, but newly ominous. Last Riesman and Glazer wrote about. A chance ‘‘Intelligence for a New World Order.’’ Two month in Washington an enormous march to define our principles and stay true to years later Samuel Huntington outlined filled Pennsylvania Avenue on the way to them. The more then, to keep our system what that new world order—or disorder— the Capitol grounds. The marchers, in the open as much as possible, with our purposes would be in an article in the same journal main, were there to support the Palestinian plain and accessible, so long as we continue entitled ‘‘The Clash of Civilizations.’’ His cause. Fair enough. But every five feet or so to understand what the 20th century has subsequent book of that title is a defining there would be a sign proclaiming ‘‘Zionism surely taught, which is that open societies text of our time. equals Racism’’ or a placard with a swastika have enemies, too. Indeed, they are the Huntington perceives a world of seven or alongside a Star of David. Which is anything greatest threat to closed societies, and, ac- eight major conflicting cultures, the West, but fair, which is poisonous and has no place cordingly, the first object of their enmity. Russia, China, India, and Islam. Add Japan, in our discourse. We are committed, as the Constitution South America, Africa. Most incorporate a This hateful equation first appeared in a states, to ‘‘the Law of Nations,’’ but that law major nation-state which typically leads its two-part series in Pravda in Moscow in 1971. as properly understood. Many have come to fellows. Part of Cold War ‘‘agit prop.’’ It has since think that international law prohibits the The Cold War on balance suppressed con- spread into a murderous attack on the right use of force. To the contrary, like domestic flict. But the end of the Cold War has of the State of Israel to exist—the right of law, it legitimates the use of force to uphold brought not universal peace but widespread Jews to exist!—a world in which a hateful law in a manner that is itself proportional violence. Some of this has been merely resid- Soviet lie has mutated into a new and vi- and lawful. ual proxy conflicts dating back to the earlier cious anti-Semitism. Again, that is the Democracy may not prove to be a uni- era. Some plain ethnic conflict. But the new world we live in, but it is all the more versal norm. But decency would do. Our horrors occur on the fault lines, as Hun- chilling when it fills Pennsylvania Avenue. present conflict, as the President says over tington has it, between the different cul- It is a testament to our First Amendment and again, is not with Islam, but with a ma- tures. freedoms that we permit such displays, how- lignant growth within Islam defying the

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.008 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4467 teaching of the Q’uran that the struggle to these waning moments. But I would make a Mr. REID. Mr. President, when I first the path of God forbids the deliberate killing few observations. On a parochial note, I came to the Senate, I had the good for- of noncombatants. Just how and when Islam know of no other Senator who shares his re- tune, as my friend the distinguished will rid itself of current heresies is some- markable facility for understanding and ma- Senator from Montana did, to serve on thing no one can say. But not soon. Christi- nipulating formulas—that arcane bit of leg- anity has been through such heresy—and islating that drives the allocation of billions a committee with Pat Moynihan. My more than once. Other clashes will follow. of dollars. He has ‘‘delivered’’ for New York friend had it double; he not only got to Certainly we must not let ourselves be but it’s not frequently noted because so few serve with him on the Environment seen as rushing about the world looking for understand it. and Public Works Committee but also arguments. There are now American armed More important, every time he speaks or the Finance Committee. forces in some 40 countries overseas. Some writes, it’s worth paying attention. I think Even though this is a time of sadness would say too many. Nor should we let our- back to the summer of 1990, when Senator Phil Gramm offered an amendment to a because we have lost a giant in the his- selves be seen as ignoring allies disillu- tory of America, for those of us who sioning friends, thinking only of ourselves housing bill. Gramm wanted to rob Commu- inthe most narrow terms. That is not how we nity Development Block Grant (CDBG) funds spent time with Pat Moynihan, just survived the 20th century. from a few ‘‘rustbelt’’ States and sprinkle mentioning his name brings a smile to Nor will it serve in the 21st. them across the rest of the country. The our faces. There is no one I have ever Last February, some 60 academics of the amendment looked like a sure winner: more served with in government or known in widest range of political persuasion and reli- than 30 States stood to benefit. Senator government who is anything like Pat gious belief, a number from here at Harvard, Moynihan went to the floor in opposition. He Moynihan. He was a unique individual. including Huntington, published a manifesto: delivered an extemporaneous speech on the nature of our Federal system worthy of in- I was over in the House gym this ‘‘What We’re Fighting For: A Letter from morning, meeting with someone I came America.’’ clusion in the seminal work of Hamilton, It has attracted some attention here; per- Madison, and Jay as The Federalist No. 86. to the House of Representatives with, haps more abroad, which was our purpose. (The amendment was defeated: New York’s ED TOWNS, from New York. We were Our references are wide, Socrates, St. Augus- share of CDBG funding was preserved.) talking about Pat Moynihan. Congress- While Senator Moynihan has been enor- tine, Franciscus de Victoria, John Paul II, man TOWNS said the last conversation mously successful as a legislator, I think of Martin Luther King, Jr., Alexander Sol- him as the patron Senator of lost causes. By he had with Pat Moynihan was a very zhenitsyn, the Universal Declaration of ‘‘lost’’ I mean right but unpopular. Every pleasant conversation. Pat Moynihan Human Rights. Senator is an advocate of the middle class; called him—very typical of Pat Moy- We affirmed ‘‘five fundamental truths that that’s where the votes are. What I most ad- nihan. pertain to all people without distinction,’’ mire and cherish about Senator Moynihan is beginning ‘‘all human beings are born free I wish I could mimic his voice. Peo- his long, hard, and eloquent fight on behalf and equal in dignity and rights.’’ ple who worked for Pat Moynihan can of the underclass—the disenfranchised, the We allow for our own shortcomings as a talk just like him. I can’t. But he demoralized, the destitute, the despised. nation, sins, arrogance, failings. But we as- T.S. Eliot wrote to a friend, ‘‘We fight for said—with his distinctive staccato de- sert we are no less bound by moral obliga- lost causes because we know that our defeat livery—he wanted to name this big tion. And, finally, reason and careful moral and dismay may be the preface to our succes- building in Brooklyn for Governor reflection teach us that there are times when sors’ victory, though that victory itself will Carey. the first and most important reply to evil is be temporary; we fight rather to keep some- Congressman TOWNS said: No, I have to stop it. thing alive than in the expectation that any- someone else. I don’t need to embarrass But there is more. Forty-seven years ago, thing will triumph.’’ this wistful statement, on this occasion, General George C. Marshall that person by mentioning that name. to me, captures the essence of Senator Moy- He said: I have someone else and I can’t summoned our nation to restore the coun- nihan and his career. Too many of today’s tries whose mad regimes had brought the tepid, timid legislators are afraid to offer agree with you, Senator. I know Gov- world such horror. It was an act of states- amendments they think will fail. They have ernor Carey was a good person, but I manship and vision without equal in history. no heart, no courage. Senator Moynihan al- think we should name it after someone History summons us once more in different ways stands on principle, never on expedi- else. ways, but with even greater urgency. Civili- ency. He’s not afraid to be in the minority, Senator Moynihan, the gentleman zation need not die. At this moment, only even a minority of one. that he was, simply said: Thank you the United States can save it. As we fight His statements over the years on a variety the war against evil, we must also wage very much. of topics constitute a veritable treasury of Five or six weeks later he called back peace, guided by the lesson of the Marshall ‘‘unpopular essays.’’ He characterizes the Plan—vision and generosity can help make current bankruptcy ‘‘reform’’ bill as a ‘‘boot and said: You know, Congressman the world a safer place. across the throat’’ of the poor. A few years TOWNS, I am getting old. He said: This Thank you. ago, he fought against a habeas corpus provi- means a lot to me to have this building sion in the ‘‘Antiterrorism and Effective named after one of my close personal SUI GENERIS Death Penalty act’’ (a truly Orwellian name friends. I hope you will reconsider. As the final summer of Senator Daniel for that bill). He argued, in vain, that Con- ED TOWNS said: I have reconsidered. Patrick Moynihan’s public career comes to gress was enacting a statute ‘‘which holds You can do it. an end, I think back to one languid Friday that constitutional protections do not exist Senator Moynihan said: Did I hear afternoon three summers ago. Not much was unless they have been unreasonably violated, you just say I could name this building happening; the Senate was in recess. So Sen- an idea that would have confounded the ator Moynihan—my boss at the time—and I framers . . . thus introducing a virus that after Governor Carey? went to see an exhibit of Tyndale Bibles at will surely spread throughout our system of And Congressman TOWNS said: Yes. the Library of Congress. Tyndale wrote the laws.’’ These are just a few examples. Others Pat Moynihan said: I am so happy. first English Bible from extant Greek and include his passionate opposition to welfare Senator BAUCUS and I can imagine Hebrew manuscripts. Senator Moynihan was repeal, the balanced budget act, the ‘‘line- that conversation because he was truly eager to learn more about a man whose im- item’’ veto, the Constitutional amendment a gentleman. pact on the English language, largely to ban flag desecration. The list goes on. I had the privilege, as I indicated, of unacknowledged, is probably equal to Shake- For the past quarter-century, Senator serving with him. I had the good for- speare’s. Moynihan has been the Senate’s reigning in- tellectual. But he has also been its—and the tune over many years to serve with One might wonder what Tyndale has to do many outstanding people in the Sen- with the United States Senate. Not much, I nation’s—conscience. His fealty as a public suppose. But like Tennyson’s Ulysses, Sen- servant, ultimately, has been to the truth. ate, men and women with extraor- ator Moynihan is a ‘‘gray spirit yearning in He seeks it out, and he speaks it, regardless dinary talent and achievements, people desire to follow knowledge like a sinking of who will be discomfitted. He has done so who have accomplished so much in star.’’ He has unbounded curiosity. I’m not with rigor, and wit, a little bit of mischief their personal and professional lives, one who thinks his intellectualism is some now and then, and uncommon decency. people highly educated, people who When Thomas Jefferson followed Benjamin sort of an indictment. Those who do are jeal- have great records of military service, ous of his capabilities, or just vapid. In a di- Franklin as envoy to France, he told the Comte de Vergennes, ‘‘I succeed him; no one and people who are just good public minished era when far too many Senators servants. know far too little, I have been fortunate to could replace him.’’ Others will succeed Sen- work for one who knows so much and yet ator Moynihan; no one will replace him. We Certainly there have been many strives to learn so much more. are fortunate indeed that he has devoted his skilled orators in the Senate—today There is little I can add to what others life to public service. and in the past—and many other high- have written or will write about his career in Mr. LAUTENBERG. I yield the floor. ly intelligent Senators, but I have to

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.012 S27PT1 S4468 CONGRESSIONAL RECORD — SENATE March 27, 2003 say, I trust nobody will disagree or be tary service and grateful that he was around the country were basically too offended if I point out that Pat Moy- sent to college for training as an offi- nice. Pat Moynihan proceeded to indi- nihan stood out as an intellectual cer. But he was, indeed, a scholar. He cate to all of us that is what we should giant in the Senate, not only for the was a professor at Syracuse University do, that we should construct buildings time he served here but in the history early in his career and then later at for the future that people would like to of our country. Harvard. He published numerous arti- look at that are nice inside. And Pat Pat Moynihan spoke in a unique cles and studies covering a wide array Moynihan won that battle. style, with a delivery that would not be of topics that reflected the tremendous To serve on the Public Works Com- taught in an oratory class. breadth of his interests and depth of mittee with Pat Moynihan was like He was a professor. He was a college his knowledge. going to school and not having to take professor, and he never lost that abil- I am not sure which Senator said the tests because there was not a sub- ity to teach. this, although I think it was Dale ject that came up that he did not lec- I always felt, when I was in the pres- Bumpers, who also recently has pub- ture us on—the great architect Moses, ence of Pat Moynihan, that I had the lished a book—but if it was not Dale not out of the Bible but of New York opportunity to learn from him, wheth- Bumpers, I apologize for not giving City. In everything we did Pat Moy- er we were on the Senate floor, or in a credit to the right Senator—who said nihan taught us to be a little better committee hearing, or in an informal he had not read as many books as Pat than ourselves. conversation. I hope no one is going to Moynihan had written. That is how he My thoughts and sympathies are be upset with me, but when I ran the looked at Pat Moynihan. He was a vo- with Senator Moynihan’s wife Liz, his Democratic Policy Committee for a racious writer. He wrote 18 books, in- daughter Maura, his sons Timothy and number of years, we would take down cluding 9 while he was a Senator. In ad- John, and his grandchildren. names of speakers. I cheated a little bit dition, he wrote parts of many other Mr. President, I wish words could and always moved Pat high up on the books and articles too numerous to convey to everyone within the sound of list because I loved to hear him talk, mention. my voice what a great man Pat Moy- and he did not have a lot of patience After one of his books was published, nihan was, how much he did to benefit and would leave if you did not recog- while we here in the Senate, he asked the State of New York and our coun- nize him pretty quickly. me if I had read it. I said: Pat, I didn’t try. Because of my contact with Pat He would come to our luncheons, and receive the book. He said: Well, maybe Moynihan, I honestly believe I am a I remember he usually ordered egg somebody on your staff borrowed it. So better person. I better understand gov- salad sandwiches. He would eat, listen he gave me another copy, and I read it. ernment. I do not have his intellect, for a while, and if it were not some- Much of his writing is famous. For his ability to write, but I think I un- thing he was really interested in, he me personally the most far-reaching, derstand a little bit about his enthu- would go back to his hideaway and the most visionary article he wrote siasm for government and how impor- start writing. That is what he did most was called ‘‘Defining Deviancy Down.’’ tant it is to people. of the time. In this brief article—probably no more Mr. INHOFE. Mr. President, I have Pat was unlike most of us. We devote than 30 pages—he discussed how our so- been listening to the tributes to a a lot of our time to constituent serv- cietal values have changed over the great man. I probably have a different ices. Pat Moynihan did not do that. He years, how one thing we would not ac- feeling about Patrick Moynihan than was an intellectual giant, and he spent cept 20 years ago, now we accept. It is most people do. Many people are not his time in the Senate reading and a wonderful article that reveals his aware Patrick Moynihan came from writing. He was a great thinker. Al- perspective and insights and calls on us Tulsa, OK, my hometown. Most people though he certainly did a good job of to recognize we have to change what is think of him as being a New Yorker, representing the State of New York, going on in our society. but really he is not. We hit it off many and served the interests of his con- Senator Moynihan had great compas- years ago before he was even in the stituents as his popularity makes sion for America’s poor, especially for Senate. I considered him one of the clear, he often focused on the bigger children growing up in poverty. He really sincere and lovable liberals of picture and contemplated big ideas. sought to develop public policy that our time. We identify Pat Moynihan with New took into account social scientific People would ask, why are the two of York. He was actually a native of the methods and analysis. He applied aca- you such close friends? I would explain American West. He was born in Tulsa, demic research to benefit people living to them that we have many things in OK. His family moved to New York in the real world. common, even though ideologically we when he was a child. His father aban- Pat was also interested in architec- have nothing in common. In fact, dur- doned them, and his mother, there- ture and historic preservation. He ing the years we served together in the after, struggled to provide for Pat and worked to improve the appearance of Senate, his office was next to mine. his siblings. Washington, D.C. to reflect its status When the bell would ring to come over Pat always worked hard. He worked as our Nation’s Capital, and of federal and vote, I would walk to the door and as a shoeshine boy, later as a long- buildings across the country. Those of wait for him so I could have those mo- shoreman. He did not come from a priv- us who leave the Capitol and travel ments with him. ileged background, but he had a privi- along Pennsylvania Avenue, and see I don’t think there is anyone who has leged education because of his great in- the beautiful buildings will remember had a more colorful career than Pat- tellect. He was able to achieve much his role in improving this area. When I rick Moynihan. It is one we will re- because he was a hard worker and ex- was back here going to law school, that member for a long time. But he had tremely smart. area of the city was a slum. It was a courage also. I used to say this about He graduated first in his class from slum. Right off Capitol Hill, it was a Paul Wellstone. There are few people high school in Harlem, and by serving slum. And Pat Moynihan recognized, who are really sincere in their philos- in the Navy, he was able to attend col- when President Kennedy was inaugu- ophy, and yet they want to do the right lege. He graduated from Tufts Univer- rated, that should change. And he thing. I remember standing right here sity and remained there to earn his changed it. He personally changed it. when Patrick Moynihan, just a few Ph.D. from the Fletcher School of Law Pennsylvania Avenue Development seats over, stood up during one of our and Diplomacy. He also studied at the Corporation was something that Pat debates on partial-birth abortion, and London School of Economics as a Ful- Moynihan thought up. When you drive he made this statement in a long and bright Scholar. down that street today, you see the passionate speech, going into all kinds Pat had enlisted in the Navy during beautiful building that we are proud of, of detail as to what this barbaric proce- World War II. Just a short time ago, that is part of the U.S. Capitol. That dure is. This is a quote. He said: when he was still serving in the Sen- was the work of Pat Moynihan. I am pro-choice, but partial-birth abortion ate, he had back surgery for an injury I can remember, there was one Sen- is not abortion. It is infanticide. sustained years ago while he was in the ator who thought it was really bad that It took an awful lot of courage for U.S. Navy. He was proud of his mili- the courthouses we were building him to say that.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.021 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4469 I can tell you from when we knew On transportation policy, Senator would see his memorial, look about each other back before our Senate Moynihan was the author of the you. days, following his colorful career has groundbreaking highway bill known as If years from now you stand outside been a wonderful experience. I am hop- ISTEA. That legislation led to the dra- the Capitol and look west down Penn- ing we will have others like him. We matic improvement in transportation sylvania Avenue, north at Union Sta- will be truly blessed if that is the case. policy by focusing on surface transpor- tion, and the Marshall Building, you I yield the floor. tation more broadly. can say the same about Senator Daniel The PRESIDING OFFICER. The Sen- On environmental policy, Senator Patrick Moynihan; that is, if you ator from Montana is recognized. Moynihan was one of the first to stress would see his memorial, look about Mr. BAUCUS. Mr. President, I join that good environmental policy should you. my colleagues in paying tribute to Sen- be based on sound science. I heard that A few years ago when we were nam- ator Moynihan. He was one of the most many times—sound science. He was ing the Foley Square Courthouse in his special, most erudite, forward-thinking right. He absolutely insisted that we honor, I used the same quote. I must persons I have had the privilege to obtain a careful understanding of the confess, I was very pleased to have meet. He was an amazing man. scientific problems and understanding found this quote in English history and Senator Moynihan died yesterday at of them on a scientific basis before we hoped to impress my very learned col- the age of 76. With a little bit of his- proceeded with environmental policy. league. However, as is often the case, I tory—and then I will give a few per- But his incredible contributions to fell a little short. No one, it turns out, sonal anecdotes—he was elected to the our Nation did not stop there. One of can match his learning. Senate in 1976. I was elected in 1978, 2 his most enduring, but least known, After my remarks, Senator Moy- years later. I had the privilege and contributions was his contribution to nihan gave me a big hug. He was so honor to join both the Environment public architecture, particularly on the happy. But he also corrected me quiet- and Public Works Committee and the Environment and Public Works Com- ly and politely. I had, he said, given Finance Committee at the same time mittee. the correct translation. I had said it as Senator Moynihan. Senator Moy- Thomas Jefferson said: was in Italian. He said: MAX, I think nihan served as both chairman and Design activity and political thought are it’s in Latin. Sure enough, it is in ranking member of both committees. I indivisible. Latin. had huge shoes to fill, as I immediately In keeping with this, Senator Moy- In his honor, I stand corrected. The followed him as chairman and ranking nihan sought to improve our public inscription memorializing the archi- member of each committee. I sat next places so they could reflect and uplift tect of St. Paul’s Cathedral, Sir Chris- to him many days and many hours. He our civic culture. He himself said it topher Wren, reads: Si monumentum was a wonderful man. We all know about Senator Moy- well in 1961. We all know he held many requiris, circumspice; Latin for: If you nihan’s great contributions in such im- important positions in Government, want to see the memorial, look about portant areas as foreign policy, trade but it is not known so well that early you. As we consider ways of memori- policy, welfare, transportation, and en- in his career, in 1961, he was the staff vironmental policy. They are enor- director of something called the Ad alizing Senator Moynihan, I have a mous. Hoc Committee on Federal Office suggestion. He loved Pennsylvania Av- On the foreign side, Senator Moy- Space. That is right, in addition to all enue. He inspired its renovation. He nihan was a visionary. In 1979, while of his books, he once wrote a document helped design it. He helped build it. He the CIA and others were talking about called ‘‘The Guiding Principles for Fed- lived there when he retired. It is his how strong the Soviet Union was, Sen- eral Architecture.’’ He wrote it in 1961, home. Therefore, I suggest that at an ator Moynihan predicted its downfall. I and it remains in effect today. It is one appropriate point on the avenue, we heard him say that many times. With page long. It says that public buildings add his inscription: Daniel Patrick keen understanding of history and the should not only be efficient and eco- Moynihan, Si monumentum requiris, laws of economics, Senator Moynihan nomical, but also should ‘‘provide vis- circumspice. understood the inherent weakness of ual testimony to the dignity, enter- I might also add, Senator Moynihan the Soviet structure. prise, vigor, and stability of the Amer- gave the commencement address this Senator Moynihan’s foreign policy ican Government.’’ last June at Harvard University. I have experience led him to his groundbreak- For many years, Pat Moynihan read it. I was very impressed with it. I ing work on Government secrecy, advo- worked with energy and vision to put said to him: Patrick, that was a great cating greater openness as a core the goals expressed in the guidelines speech. Do you mind if I put that in the strength for any democracy. into practice. As an assistant to Presi- CONGRESSIONAL RECORD? He said: I On trade policy, Senator Moynihan dent Kennedy, he was one of the driv- would love it. had a vast depth of experience from ing forces behind the effort to renovate About 2 months later, I received a being a trade negotiator to being a leg- Pennsylvania Avenue and finally letter from Senator Moynihan, and it islator. As a legislator, he was quick to achieve Pierre L’Enfant’s vision. said: Dear Max, you once offered, per- educate his colleagues on the impor- He followed through. There is the haps irrationally, to include my com- tance of pursuing a strong, bipartisan, Navy memorial, Pershing Park, the mencement address in the RECORD. open trade policy. With an unfailing Ronald Reagan Building, and Ariel Mr. President, I think it is appro- independent voice, he was a firm be- Rios, and there are other projects. priate that Senator LAUTENBERG asked liever in the principle that partisan- Along with Senator John Chafee, he that Senator Moynihan’s speech be ship should not extend beyond our bor- had the vision to restore Union Sta- printed in the RECORD. It is the com- ders. tion—now a magnificent building—and mencement address he gave last June 6 On welfare policy, Senator Moynihan then to complement it with the beau- at Harvard University. I commend it to was the center of debate for more than tiful Thurgood Marshall Judiciary my colleagues. three decades. From his groundbreak- Building not far away. Senator Moynihan’s speech includes ing report on family policy for Presi- It is a remarkable legacy leaving a many wise words about the future of dent Johnson, to his work for Presi- lasting mark on our public places that our country, about terrorism, how to dent Nixon on his welfare proposal, to brings us together as American citi- handle the world, which leads me to his own Family Support Act of 1988, zens. In fact, it is no exaggeration to another memory of him. It was at the the first welfare reform legislation say that Daniel Patrick Moynihan has end of a session, and we were about to passed in decades, to his passionate dis- had a greater positive impact on Amer- go on a 2-week recess. Senator Moy- sent to the 1996 welfare legislation, ican public architecture than any nihan’s chair is behind me at the end of Senator Daniel Patrick Moynihan statesman since Thomas Jefferson. the aisle by the door. I said: Patrick, never forgot what it was like to grow In St. Paul’s Cathedral in London, what are you going to do this recess? up in a poor family. For him it was there is a description memorializing He said: I am going to give the Ox- clearly always about helping the chil- the architect of that cathedral, Sir ford lecture. dren. Christopher Wren, and it reads: If you I said: What is that? He explained it.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.023 S27PT1 S4470 CONGRESSIONAL RECORD — SENATE March 27, 2003 He said: I am going to give the Ox- There is no sense in being Irish unless you Corps Logistics Base in Albany, GA, ford lecture. I am going over to Eng- understand the world is eventually going to which is near my home; the Marine land. break your heart. Aviation Logistics Squadron from the What are you going to talk about? I want Mrs. Moynihan to understand Naval Air Station in Atlanta; the 221st What are you going to say? that there are a lot of us—Irish and Military Intelligence Battalion in At- I am going to talk about the rise of non-Irish—who have a broken heart lanta, from the Army Reserve, and the ethnicity. today because of the passing of a man 116th Air Control Wing from Robins Air What do you mean? who was truly, truly a giant in 20th- Force Base, who are very proud of fly- At the end of the cold war, he talked century American politics. ing the Joint Stars weapon system. about the urdu, an Israeli sect, which f I have had the privilege of rep- was very strong, which epitomizes the resenting Robins Air Force Base for rise of ethnicity in the world at the HONORING OUR ARMED FORCES the last 8 years as a Member of the conclusion of the cold war. It is so Mr. CHAMBLISS. Madam President, House. I have flown with the Joint true, if one stops and thinks about it. I rise today to pay tribute to the brave Stars about four times. They are so The world order has collapsed, and we service men and women from Georgia proud of the work they do, and justly are now almost in a free-for-all when who are serving in Operation Iraqi so. They are the eyes of the Army when different ethnicities, different coun- Freedom and Enduring Freedom. Sev- it comes to gathering intelligence on tries, different people are pursuing eral weeks ago I had the privilege of the enemy and its movement. their own dreams, and it is very dif- being in Fort Stewart, GA, which is lo- Sadly, they are also prisoners of war ficult to find some managed order in cated in Hinesville, to visit with sev- and brave soldiers that have been this chaotic world today. eral hundred of our men and women killed and wounded in the line of duty That was Senator Moynihan: The rise preparing to leave as soon as we fin- from Georgia. Just this week, there of ethnicity. It is very true. was an Apache helicopter shot down. Another time, I had a wonderful en- ished our visit to board an airplane On that helicopter were two chief war- counter with him, a wonderful ex- headed for Kuwait. They are members rant officers, Rob Young from Lithia change. People often ask us: What is of the 3rd Infantry Division, one of the Springs, GA, and David Williams. Both going to happen, Senator? Who is going more notable infantry divisions in the of these men now are prisoners of war to win this election? What is going to history of our great country. I swelled happen? with pride as I had the opportunity to of the Iraqi Army. I always answered: Well, as Prime visit with those men and women who I had the opportunity to visit with Minister Disraeli would always say, in were so prepared, so well trained, and Officer Young’s father on Tuesday this politics a week is a long time. That so well equipped to ensure that democ- week. He was obviously, like all of his was before television. That was before racy and freedom continue to ring and family and all Americans, very con- radio. Today, it is even a shorter period to do what is necessary on their part to cerned about the health and safety of of time to try to predict what is going free the people of Iraq from the dreaded his son. But he was so proud of the to happen in political matters. Some- rule of Saddam Hussein. work that his son was doing and so times it is just a minute. The 3rd Infantry Division is known proud that his son was doing exactly I was standing in the well of the Sen- as the ‘‘Rock of the Marne.’’ They what he wanted to do. I share in that ate and somebody asked me: What is fought bravely in World War I and they pride with his family. going to happen? And I said: Well, Dis- held their ground during the Battle of Killed in action in Iraq over the last raeli said, in politics a week is a long Marne when surrounding units re- couple of days have been Specialist time. treated. Since then they have been op- Jamall R. Addison of the 507th Mainte- Senator Moynihan happened to over- erating under the motto ‘‘we’ll stay nance Company from Fort Bliss, TX, hear me, and very graciously and po- there.’’ Their most famous soldier was who is a resident of Roswell, GA; Spe- litely he walked up to me when the one of the most decorated soldiers in cialist Gregory P. Sanders from Com- other Senators had left. He kind of the history of the United States, Audie pany B, 3rd Battalion of 69th Armor, leaned over to me and he said: MAX, Murphy. They have a proud history of stationed at Fort Stewart, GA. Unfortunately, also killed in the heli- now I think that was Baldwin. serving in World War II, the Korean copter crash in Afghanistan over the I looked it up. Sure enough, it was war, and Operation Desert Storm. last few days, they were flying a Pave Lord Baldwin—it was not Disraeli— Georgia and America can be proud of Hawk search and rescue helicopter, who said, in politics a week is a long the history that the 3rd is making 1LT Tamara Archuleta, SSgt Jason time. today in Iraq. Currently, there are over He was an absolutely amazing man, Hicks, MSgt Michael Maltz, SrA Jason 7,000 tanks, humvees, Bradley armored the Senator’s Senator, a professor. I Plite, LTC John Stein, and SSgt John vehicles, and trucks in theater. This is have never known a Senator so gifted Teal, all from Moody Air Force Base in undoubtedly one of the largest convoys as Senator Moynihan. We are all going Valdosta, GA. We will be praying for ever in the history of the United States to certainly mourn his passing, but them and their families in this time of Military. They are facing heavy resist- even more important than that, we are hardship and sorrow. ance and fierce sandstorms, but be- going to have very fond memories of The men and women I have described cause of their training and their prepa- him and I think be guided and inspired are all part of the All-Volunteer Force ration, thankfully they have suffered by him in so many different ways. We that make up the best and brightest are very thankful he chose to serve our only light casualties. our country has to offer. They have This morning, as we speak, the 3rd country as his calling. chosen to put their lives on the line for I yield the floor. Infantry Division is less than 50 miles the freedom of their families and their Mr. BIDEN. Mr. President, I am from Baghdad, preparing to encounter country, and we could never ade- going to make a longer speech about the elite Iraqi Republican Guard. Over quately express our gratitude for the Pat Moynihan, who was a close per- the last 3 days, soldiers from the 3rd sacrifice they and their families have sonal friend. That sounds almost pre- Infantry Division have surrounded the made and will continue to make for the sumptuous to say. He was such a tow- city of Najaf and taken captive over 500 United States. ering intellect and profound political Iraqi soldiers in their effort to liberate I am proud of all of these young men figure, to claim a personal friendship the Iraqi people and overthrow the op- and women. I salute them. We want to with him seems to be somewhat pre- pressive Iraqi regime. make sure they and their families sumptuous. But he was. In addition to the 3rd Infantry Divi- know they continue to be in our pray- Of all that I recall Pat Moynihan said sion, there are many other brave men ers. We wish for immediate success and and did, there is one thing that sticks and women deployed from Georgia to a safe return of all. in my mind that seems particularly ap- the Middle East and Afghanistan, in- I yield the floor. propriate on the day after his passing. cluding the 94th Airlift Wing from Dob- The PRESIDING OFFICER. The Sen- He once said, and I am paraphrasing bins Air Reserve Base in Atlanta; the ator from Oregon. but it is close to a quote, about John 165th Airlift Wing from Savannah; the Mr. WYDEN. Madam President, in Kennedy’s death: 4th Supply Battalion from the Marine the early stages of the conflict with

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.027 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4471 Iraq, my State of Oregon is already Together, they stand between the constituents understand they have the mourning, already forced to count the citizens of our Nation and those who entire body’s thoughts and prayers cost of this war in real and human would do America harm. They all know with them. I want to expand on that a terms. that at any time they could be called little bit. This morning I expressed my condo- upon to make the ultimate sacrifice. I come to this body a little bit dif- lences to the families and friends of all Yet, each day, they go in and put their ferently than many of the other Sen- of those who have given their lives in uniform on and charge into harm’s way ators. I don’t have a long list of elected this war, but I particularly recognize for all of our sakes. positions that I have held, and in terms the brave soldiers being mourned today Throughout American history, mem- of the time I have been here, it is prob- by the people of Oregon. Army Reserve bers of our military have made the sac- ably shorter than a good many. I really Specialist Brandon Tobler, who was rifices that allow our great Republic to come as a farmer’s daughter and, I only 19, lost his life in a humvee acci- survive. Today, as the pictures of this guess more recently, as a mother. I dent during a sandstorm. Brandon was war play out on television screens thought this morning, as I put my twin the only son of Leo and Gail Tobler of across the Nation, people in this coun- boys who are in the first grade on the Portland. He grew up there and joined try can see as never before just what a school bus, sending them off to school, the military to help pay for college. He war requires of men and women who having sat at the breakfast table and was in a convoy headed to Baghdad fight on behalf of all of us. As we made sure they had a good breakfast— providing engineering support to the watch, it is important to remember one of my boys is in a school play and combat troops. Private Tobler’s death these images are not created in Holly- we were practicing his lines—when I reminds us that a soldier doesn’t have wood. They are the actions of real put them on that bus this morning, I to be on the combat line to face tre- human beings. The soldiers are real thought about the other mothers in the mendous danger and possible death. people, loved by countless Americans country whose sons and daughters are It reminds us how brave each and here at home who worry every single in a faraway land, who they cannot every person who puts on a uniform for hour for their safety, and mourn them communicate with; all they can do is the United States must be regardless of when they are lost. look up in the sky and realize that the their particular assignment. I will close today by expressing my same moon, and the same sun, and the Air National Guard MAJ Gregory gratitude to all of the Americans who same stars are shining above their pre- Stone was a 20-year veteran of military serve our great Nation, and take spe- cious children today in a foreign land service. He was killed in the grenade cial time today to reflect on the con- where their lives are in danger. I just attack at the base of the 101st Airborne tributions of the Oregonians we have lifted up my own prayer of thankful- in Kuwait. He leaves behind two young lost. Our concern for the missing peo- ness that I live in this great country, sons today, Evan and Joshua, as well as ple of this country today is great. The where people want to be a part of other his mother in Ontario—who I just people I represent at home in Oregon people’s lives, where men and women spoke with—and others across our offer their prayers every day for the are willing to give of themselves to de- State who loved him dearly. Major success of the mission of those who fend the things we believe in: freedom, Stone graduated from Oregon State serve and for their safe and speedy re- fairness, hard work, community, and University, and from Benson High turn. helping each other. School in my hometown of Portland. I yield the floor. Yesterday, I paid tribute to the He died far from the front lines but, The ACTING PRESIDENT pro tem- troops from Arkansas, from all across again, called to sacrifice in war. pore. The Senator from Arkansas is our great State—so many of whom Army SGT Donald Walters is now recognized. were from small communities, almost missing in action after his convoy was Mrs. LINCOLN. Madam President, I every community in our State rep- ambushed in Southern Iraq. His wife am truly pleased and honored to be resented. Those proud men and women, and kids are in Missouri. His parents, here today for the second continuing measuring well over 2,000, are now over Norman and Arlene, are in Salem, OR, day of the Senate’s tribute to the there in that conflict. awaiting word on his safety. Sergeant troops. I want to say to my good col- Today, I want to talk about how each Walters comes from a family with a league from Oregon, Senator WYDEN, of us can honor all of the individuals rich tradition of service across the that the purpose really of us being here who are there serving us right now. As military, including the Army, Navy, today and the time we are trying as a I said earlier, not having served in the and the Air Force. He is a specialist in body to take is to recognize and to military myself, and not having a long- decontamination. His convoy was mov- speak out to his constituents in Or- standing history of elected positions, I ing to support troops in battle when egon; and it is not just his thoughts look back to my own background, and they took a wrong turn into terrible and prayers that go out to those fami- I remember the stories my mother told circumstances. The people of Oregon lies but all of our prayers. me. She remembered every detail. She now are praying for his family and his When it comes to our troops and the had gone to the movies, and when her friends. I join with all of them in hop- tribute we pay to these men and mother picked her up from the movies, ing for his safe return. women who serve us, serve this great she told her that World War II had Each of these very brave Oregonians, Nation, we act as one body. We come begun and that her big brother would in my view, is an example of the best of together with collective thoughts and be shipping out in the next couple of the American spirit. We mourn the prayers for each and every one of these days. She remembered everything: She deaths of those killed. We pray for the service men and women. remembered the movie, she remem- safe return of Sergeant Walters and, Regarding the two Oregonians whose bered the clothes she was wearing, she above all, we give thanks for all of lives were lost and the two who are remembered the thoughts in her mind. those living as well, who still serve so missing, each of us feels what Senator She thought, what is it that I can do to bravely in this time of war. WYDEN does. We want to express that make a contribution and honor these Madam President, the special people as a body. I think it is so important at individuals who are going overseas to who are serving our country cross gen- this time in our country’s history that defend me, and who I am in this great erations, and they represent every eth- we as a body are not divided, that we country that I belong to? She thought nic group. They serve in a wide variety are here as individuals to say our about that. She was immediately intro- of capacities. Some come from Reserve thoughts and prayers are collective for duced to rations and victory gardens units or the National Guard. Others are the men and women who have put their and making sure that there were plen- in the permanent services. They are lives on hold here, left their families, ty of bandages for the Red Cross. members of very different fighting and gone to a foreign land to defend We must all look at and never under- forces—Army, Navy, Coast Guard, Ma- our freedom and our security against estimate the ways we can honor those rines, and Air Force. Amidst all of this the tyranny of this individual who has individuals. diversity, there is so much that they the unbelievable capabilities of weap- I think one of the most important share—especially a deep love for our ons of mass destruction. ways we can honor these men and country, and a common willingness to So I am pleased the Senator from Or- women who have sacrificed and are giv- risk their lives for the lives of others. egon was able to join us, and I hope his ing so much on our behalf is to look at

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.012 S27PT1 S4472 CONGRESSIONAL RECORD — SENATE March 27, 2003 ourselves as a body. As we stood here the priorities each of us may have, more important now because it deals this morning and said the Pledge of Al- even though there is a difference. with our people in the military and be- legiance to the Flag, which always I thank the Chair. cause of what is going on in Iraq at makes me proud, to be indivisible, to Mr. BAUCUS. Mr. President, I ask this moment. come together as one body when it unanimous consent that the Senator We are here today to consider the comes to our troops—we are going to from Arkansas be allowed to speak for Armed Forces Tax Fairness Act which have our differences. We always have as long as she would like. She is mak- the Finance Committee developed dur- and we always will. But I think it is so ing a good statement, and there is no ing this and the last Congress. This is important in this time of paying trib- other Member on the floor. I make that a particularly somber time in our ute to our armed services, the forces request. country as we continue our dangerous that are out there to defend our free- Mrs. LINCOLN. I thank the Senator operations in the country of Iraq. doms, that we act in a nonpartisan and from Montana. I thank him very much The contributions of the men and indivisible way. for what he is going to begin, a tax women of our uniformed services, our I was really saddened today when I package that really does serve the men reservists and our National Guard, are picked up the paper and, in what has and women in uniform. I appreciate his foremost in our minds, and our become a very common manner, there hard work and leadership on that issue. thoughts and prayers remain with their loved ones and with families. I was a sense of making fun about some f of the priorities that many of us Demo- particularly wish to extend my condo- crats had in this recent budget debate. CONCLUSION OF MORNING lences to the family of SGT Bradley Budgets are all about priorities, and in BUSINESS Korthaus of Davenport, IA, whose death was reported yesterday. SGT our household, I run our budget. We The PRESIDING OFFICER (Mr. Korthaus died while serving his Marine sometimes have to cut our spending to SUNUNU). Morning business is closed. Corps engineering unit in southeast make sure we have enough money for f college education and other priorities Iraq. So we have before us legislation affecting all of these men and women, in our household budget. ARMED FORCES TAX FAIRNESS I had an amendment on the budget ACT OF 2003 legislation to ensure that our service men and women and their families are which I thought was very important. The PRESIDING OFFICER. Under When the men and women who serve in treated fairly under tax law. It seems the previous order, the Senate will pro- to me this legislation is particularly our Reserves and National Guard are ceed to the consideration of H.R. 1307, activated, they have health care at timely. which the clerk will report. The military bill we consider today that point, but prior to that point, The senior assistant bill clerk read as rectifies a number of inequities faced they do not have health care. I think it follows: by the uniformed services, our Na- is equally as important to honor them A bill (H. R. 1307) to amend the Internal tional Guard, and even Foreign Service not just when they are serving but Revenue Code of 1986 to provide a special personnel. For example, this legisla- when they are at home preparing and rule for members of the uniformed services tion before the Senate now ensures willing to serve. in determining the exclusion of gain from that the families of military personnel I do not think it is comical in terms the sale of a principal residence and to re- called into active duty are not dis- of a Democratic ‘‘spend-o-meter.’’ It is store the tax exempt status of death gra- advantaged under the home sale exclu- my priority that these men and women tuity payments to members of the uniformed sion provisions that affect many home- are important enough to me that I am services, and for other purposes. owners in the United States because willing to ask some to delay a tax cut The Senate proceeded to consider the most Americans are permitted to ex- so we can provide that kind of health bill. The PRESIDING OFFICER. Under clude built-in gain on the sale of their care to their families and to our men personal residence if they meet certain and women serving when they are will- the previous order, there will now be 3 hours of debate on the bill. residency requirements. ing and preparing to serve us in the The situation for military personnel The Senator from Montana. armed services. owning a home is entirely different be- Mr. BAUCUS. Mr. President, we are In these continuing debates—we cer- cause we know that military personnel, now awaiting the arrival of the chair- tainly come to the floor to talk about called to active duty or asked to relo- man of the committee. Pending his ar- the men and women from our States cate, do not have the flexibility to rival, I suggest the absence of a who serve us in the armed services, meet these residency requirements and quorum. who have put their lives in harm’s way, are consequently then adversely im- to talk about their families at home The PRESIDING OFFICER. The pacted by these rules. The Tax Code is who are heartbroken, who are anxious, clerk will call the roll. unfair to them because they have no who are in thoughtful prayer—I hope The senior assistant bill clerk pro- control over where they are going to we will also remember in this body as ceeded to call the roll. live because they are called to meet we debate these priorities—whether it Mr. BAUCUS. Mr. President, I ask the command of a military com- is a budget, tax cuts, or any other unanimous consent that the order for manding officer to move out to some- issue—that we also remember what the quorum call be rescinded. place else. they fight for: Our ability in this coun- The PRESIDING OFFICER. Without The legislation, then, would suspend try to have the freedom to disagree but objection, it is so ordered. the residency test for periods of active to disagree with respect. The Senator from Iowa. duty aggregating no more than 10 My priorities in that budget were for Mr. GRASSLEY. Mr. President, it is years. We should obviously not punish the service men and women who serve, a privilege for me to be before the Sen- members of our military and their fam- and I will continue to put them as a ate again in a working relationship ilies who are asked to relocate in the priority because when I put my son on with Senator BAUCUS, the ranking name of serving their country and pro- that bus this morning, I thought about Democrat of the Senate Finance Com- tecting our national security, pro- the rest of those mothers across this mittee. It is another example of legis- tecting our freedoms. To that extent, country. I thought about those men lation that comes out of our committee the Tax Code is unfair so that they get and women serving us who left family in the bipartisan tradition of our com- punished in ways that people who are members behind who maybe did not mittee, and this one came out, I be- nonmilitary and can control more of have health care, and I think it is crit- lieve, with unanimous support. their lives would not be punished. ical. Whether or not we disagree, we I very much appreciate not only the Another important issue weighing on certainly respect the differences of cooperation of Senator BAUCUS, but the minds of many military personnel opinions that we may have in this body other members on the Democratic side called into active duty is the well- and, for the sake of those men and of the committee, for helping us move being and the care of their children. women who have put their lives in along a very important piece of legisla- The Federal Government works to en- harm’s way, that we will not be frivo- tion, one that was very important last sure that military families have ade- lous with our comments or comical in fall when we did not get it passed but quate and affordable access to child

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.015 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4473 care, as we should. This is an impor- Mr. BAUCUS. Mr. President, I rise residence if the individual has lived in tant function of the military during today in support of the Armed Forces the house for at least two of the pre- peacetime, but it is essential, even Tax Fairness Act of 2003. On February vious five years. more so, during periods of conflict such 5, 2003, the Finance Committee favor- However, when enacted, Congress as the one we are experiencing in Iraq. ably reported the bill by unanimous failed to provide a special rule for mili- The need is that much more pressing voice vote. tary and foreign service personnel who obviously for single parents and dual As the conflict in Iraq continues, our are required to move either within the military career families. This legisla- thoughts are with the men and women U.S. or abroad. tion clarifies that dependent care bene- who are leading America’s response Our proposal would permit service fits provided to families of the uni- and serving our country. Whether it be personnel and members of the foreign formed services will not be treated as the Marines deployed in Iraq, the Na- service to suspend the 5-year period taxable compensation. tional Guard supporting our troops, or while away on assignment. That means In recent days, the press has focused the Foreign Service Officers serving in that those years would not count to- significantly on the impending service dangerous diplomatic posts. ward either the two years or the five contributions of our Reserve, military I think in particular of the many year periods. people, and National Guard members. men and women in Montana. These Senators MCCAIN, GRAHAM, and LIN- To date, we have more than 200,000 re- men and women have been called to COLN proposed a bill in the last session servists and National Guard being service to defend our Nation. In fact, to correct this. called to active duty, most of them on September 11 of 2002, the members The Department of Defense provides called for the sole purpose of assisting of the 120th Fighter Wing of the Mon- payments to members of the Armed Operation Iraqi Freedom. This in- tana Air National Guard were called on Services to offset diminution in hous- cludes, in my own State of Iowa, 3,500 to secure the skies of the no-fly zone ing values due to military base realign- men and women who have been called over Iraq. ment or closure. to active duty. We have begun to rely For these dedicated public servants, For example, if a house near a base increasingly on these service personnel we are considering the Armed Forces was worth $140,000 prior to the base clo- to defend our borders and serve and Tax Fairness Act. This bill will not sure and $100,000 after the base closure, protect in other areas of the world, only correct inequities in the current DoD may provide the owner with a meeting their commitment to our total Tax Code that our military men and payment to offset some, but not all, of force concept of the military. women are subject to but it will also the $40,000 diminution in value. Under Many of Iowa’s reservists have con- provide incentives for our dedicated current law, those amounts are taxable tacted me to emphasize that reservists forces to continue their service to as compensation. who travel for training exercises that America. We should ensure that those men and they do on weekends, or any other These are the men and women who women losing value in their homes due time, are required to spend their own put their lives on the line for our free- to a federal government decision are money for these travel expenses. If our dom on a daily basis. We need to ensure not adversely affected financially. military is not able to reimburse re- that the tax laws we pass do not nega- The proposal would provide that pay- servists for travel expenses related to tively impact them. ments for lost value are not includible training assignments, we should, at a It is with these principles in mind into income. very minimum, allow these men and that I have moved forward with the in- Under current law, military per- women to fully deduct those expenses troduction of this military tax package sonnel in a combat zone are afforded an on their Federal tax returns and not be and that the Finance Committee favor- extended period for filing tax returns. hit by some threshold that precludes ably reported the bill. However, this does not apply to con- most of these deductions from being I would now like to describe the pro- tingency operations. This proposal taken. Reservists should not be in a po- visions included in this critical piece of would extend the same benefits to mili- sition of subsidizing their own military legislation: tary personnel assigned to contingency training. operations. Among other things, this legislation Why is the death gratuity payments It cannot be easy trying to figure out also ensures that military personnel provision so important? Under current our complicated tax system while you serving in Secretary of Defense-des- law, death gratuity benefits are exclud- are overseas and protecting our na- ignated contingency operations—and able from income only to the extent tion’s freedom. Those men and women this would include Operation Desert that they were as of September 9, 1986. who are sent to uphold democracy and Storm and presumably now Operation In 1986, the death gratuity benefit was Iraqi Freedom—receive appropriate re- $3,000. freedom in other countries are con- lief from the administrative burdens In 1991, the benefit was increased to fronted with the same filing complica- that our tax laws foist upon them dur- $6,000 but the Tax Code was never ad- tions as combat zone personnel. ing participation in those operations. justed to exclude the additional $3,000 Contingency operations are just as In closing, we all thank the men and from income. Because of this oversight, demanding as combat zone deploy- women of the U.S. military and Re- the U.S. government has been taxing ment, although not always in the same serve components. The onset of the families for the death of a family mem- manner. For example, in our current conflict in Iraq, no doubt, renews our ber who died in combat. war on terrorism, this proposal would deep appreciation for the tremendous Just 2 weeks ago, one of our soldiers help members of our Special Forces in sacrifices and risks that they under- from Montana, PFC Stryder the Philippines supporting Operation take to protect the freedom of Amer- Stoutenburg, was killed during a Enduring Freedom who are just as fo- ican people and others around the Blackhawk helicopter crash. A native cused on accomplishing their critical world. It is a perfect time then to en- of Missoula, Private First Class mission as our troops in the Iraqi com- sure that our military is more fairly Stoutenburg was only 18. bat zone. treated under our country’s tax laws. His mother will receive the death Some reservists who travel one week- That is what this legislation is all benefit payment, but will be taxed on end per month and two weeks in the about. half of it. She has already lost so summer for reserve duty incur signifi- So I thank my colleagues for their much. It is unfair to also take away cant travel and lodging expenses. consideration of this legislation. I urge part of the small compensation she is For the most part, these expenses are each of my colleagues to vote for this receiving. not reimbursed. Under current law, very important tax fairness measure, In 1997, Congress passed legislation these are deductible as itemized deduc- particularly considering the impor- revising the taxation of capital gains tions but must exceed 2 percent of ad- tance of it at this time of sacrifice on on the sale of a person’s principal resi- justed gross income. the battlefield of Iraq. dence. For lower income reservists, this de- I yield the floor. The new law provides that up to duction does not provide a benefit, be- The PRESIDING OFFICER. The Sen- $250,000 or $500,000 for a married couple cause they do not itemize. For higher ator from Montana. is excluded on the sale of a principal income reservists, the 2 percent floor

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.018 S27PT1 S4474 CONGRESSIONAL RECORD — SENATE March 27, 2003 limits the amount of the benefit of the This proposal would suspend the tax- ORDER OF PROCEDURE deductions. exempt status of an organization for Mr. FRIST. Mr. President, I ask In my home state of Montana, we any period during which the organiza- unanimous consent that at 1 p.m. have approximately 3,500 reservists, 800 tion is designated or identified by Ex- today, all time be yielded back on H.R. of whom travel each month across the ecutive Order as a terrorist organiza- 1307, the amendment be agreed to, the state for their training. These 800 re- tion. bill be read a third time, and the meas- servists pay travel and lodging ex- Current law provides for income tax, ure be temporarily set aside; provided penses out of their own pocket. estate tax and death benefit relief to further that the Senate then proceed to Montana ranks 48th in the nation for soldiers who are killed in a combat the consideration of S. Con. Res. 30, ex- per capita personal income. So, that zone, victims of the September 11th at- pressing gratitude to our allies; that no $200 expense for reserve duty every tacks, the Oklahoma City bombing vic- amendments or motions be in order to month means a lot to the Montana re- tims, and the victims of the anthrax the resolution or preamble; further, servist. Yet, they continue selflessly to attacks. that there be 1 hour of debate equally provide their services to our country at The crew of the Space Shuttle Colum- divided between the chairman and their own expense. For those reservists bia was heroic in every sense of the who travel out of state for their train- ranking member of the Foreign Rela- word. We have a duty to those who lost tions Committee; that at the expira- ing, this expense is even higher. their lives for the advancement of This proposal would provide an above tion or yielding back of time, the Sen- science and increasing our knowledge the line deduction for overnight travel ate proceed to a vote on adoption of of the world we live in. This legislation costs and would be available for all re- the resolution, without intervening ac- servists and members of the National makes all of the above benefits avail- tion or debate; further, that imme- Guard. able to the families of the Columbia diately following that vote, the pre- Currently, qualified veterans’ organi- crew. amble be agreed to; provided further zations under section 501(c)(19) of the In addition, this bill includes three that following that action, the Senate tax code are tax-exempt. In addition revenue offsets. First, we improve the then proceed to a vote on passage of contributions to the organization are collection of unpaid taxes from people H.R. 1307 as under the previous order. tax-deductible. who have renounced their American I further ask unanimous consent that In order to qualify under 501(c)(19), citizenship in order to avoid U.S. taxes. there be 2 minutes equally divided in the organization must meet several Second, we extend certain IRS user the usual form prior to the stacked tests, including 75 percent of the mem- fees. votes. bers must be current or former mili- Third, we restore the ability of the The PRESIDING OFFICER. Is there tary, and substantially all of the other IRS to permit partial-pay installment objection? members must be either spouses, wid- agreements with taxpayers. Mr. REID. No objection. ows, or widowers of current or former The Military bill passed by the Sen- The PRESIDING OFFICER. Without military. ate Finance Committee fixes some of objection, it is so ordered. The proposal would permit lineal de- the inequities in our tax code and, Mr. FRIST. Mr. President, as in exec- scendants and ancestors to qualify for more importantly, acknowledges the utive session, I ask unanimous consent the ‘‘substantially all’’ test. men and women who are making sac- that following any stacked votes It is important that our veterans’ or- rifices and risking their lives to defend today, the Senate proceed to executive ganizations continue the good work us all. session for the consideration of the fol- that they do. But, as the organizations I thank all of the Members who have lowing nominations: Calendar No. 76, age, they are in danger of losing their contributed to the development of the James Selna to be U.S. District Judge tax-exempt status. This bill helps en- bill: Senators LEVIN and WARNER of the of the Central District of California; sure the vitality of these organiza- Armed Services Committee, Senator Calendar No. 79, Philip Simon to be a tions. LANDRIEU for the childcare provision, U.S. District Judge for the Northern I want to ensure that parents in the Senator JOHNSON for the contingency District of Indiana. military can continue their dedicated operation provision, Senator DEWINE I further ask consent that the Senate service once they enter parenthood, for the above-the-line deduction, and then proceed to consecutive votes on with the knowledge that their children Senator HARKIN for the Veterans and the confirmation of the mentioned are being well taken care of. Expatriation provisions. nominations; further, that following The military provides extensive I especially thank the Chairman of the votes, the President be imme- childcare benefits to its employees. the Finance Committee, Senator diately notified of the Senate’s action, Employees at DoD-owned facilities pro- GRASSLEY, who has once again been a and the Senate then resume legislative vide childcare services while other partner in the development of impor- session. areas with non-DoD owned facilities tant bipartisan tax legislation. The PRESIDING OFFICER. Is there contract out their childcare. objection? When Congress passed the Tax Re- Mr. President, it is important that we continue to show members of the Mr. REID. No objection. form Act of 1986, we included a provi- The PRESIDING OFFICER. Without armed forces our support and solidarity sion stating that qualified military objection, it is so ordered. during this time of conflict. The War benefits are excluded from income. It is Mr. FRIST. Mr. President, I now ask on Terrorism and the conflict with Iraq not absolutely clear whether childcare unanimous consent that it be in order have brought to light the essential role provisions are covered under this provi- to ask for the yeas and nays at this the armed services play in upholding sion. time and with one show of hands. The proposal would clarify that any freedom throughout the world. The PRESIDING OFFICER. Is there childcare benefit provided to military I hope to see this military tax equity objection? personnel would be excludible from in- bill passed by the Senate today, and Without objection, it is so ordered. come. signed into law by the President swift- Mr. FRIST. I now ask for the yeas This bill permits penalty-free with- ly. and nays on the nominations. drawals from Coverdell education sav- Mr. President, I suggest the absence The PRESIDING OFFICER. Is there a ings accounts and qualified tuition pro- of a quorum. sufficient second? grams made on account of the attend- The PRESIDING OFFICER. The There is a sufficient second. ance of the account holder or bene- clerk will call the roll. The yeas and nays were ordered. ficiary at any of the service academies. The legislative clerk proceeded to Mr. FRIST. Mr. President, I ask The amount of the funds that can be call the roll. unanimous consent that immediately withdrawn penalty-free is limited to Mr. GRASSLEY. Mr. President, I ask following the last rollcall vote today, the costs of advanced education in that unanimous consent that the order for there be a period of morning business calendar year. the quorum call be rescinded. for tributes to the late Senator Daniel Under current law there is no proce- The PRESIDING OFFICER. Without Patrick Moynihan with Senators per- dure for the IRS to suspend the tax-ex- objection, it is so ordered. mitted to speak for up to 10 minutes empt status of an organization. The majority leader. each.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.034 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4475 The PRESIDING OFFICER. Without state of Ohio serving in our military and way of life here at home, but also objection, it is so ordered. today. My wife, Fran, and I pray for all to promote those ideals abroad. Mr. FRIST. I ask unanimous consent of them and their families—we pray Mr. President, this entire military that the tributes to Daniel Patrick that they will be safe, wherever they tax package is an important sign of Moynihan, the late Senator from New are and in whatever capacity they are support for those called to serve, as York, be printed as a Senate document, working. Many of these courageous well as their families. I urge my col- and that Members have until 12 noon, men and women are in Iraq right now. leagues to support it. Friday, April 11, to submit said trib- Four of them from Ohio have been in- I thank the Chair and yield the utes. jured or are listed as missing. Both Floor. The PRESIDING OFFICER. Without Army CPT Gregory Holden from Mr. BAUCUS. I suggest the absence objection, it is so ordered. Huron, OH, and Marine Corps Sgt. Jose of a quorum. f Torres from Lorain, OH, have been in- The PRESIDING OFFICER. The jured in the war. And Army PVT Bran- clerk will call the roll. MEASURES PLACED ON CAL- don Sloan from Bedford Heights, OH, The bill clerk proceeded to call the ENDAR—S. 711, S. 712, S. 718 and S. and Marine Corps MSgt Robert Dowdy roll. 721 from Cleveland are listed as missing. I Mr. BAUCUS. Mr. President, I ask Mr. FRIST. Mr. President, I under- would like their families to know that unanimous consent that the order for stand there are four bills at the desk we are praying for them. We pray for the quorum call be rescinded. which are due for a second reading. I their recovery and their safe return The PRESIDING OFFICER. Without ask that it be in order to read the ti- home. objection, it is so ordered. tles of the bills en bloc. Mr. President, as we debate the mer- Mr. BAUCUS. Mr. President, thou- The PRESIDING OFFICER. Without its of this bill, I would like to take a sands of men and women from Montana objection, it is so ordered. moment to discuss a specific provision are currently stationed overseas, be it The clerk will state the bills by title. that I have worked on for more than in Iraq, Afghanistan, South Korea, The legislative clerk read as follows: two years—and that is a provision that Southeast Asia or in other supporting A bill (S. 711) to amend title 37. United would allow our National Guard and missions throughout the United States States Code, to alleviate delay in the pay- Reserve members to take deductions and the rest of the world. ment of the Selected Reserve reenlistment for travel expenses incurred getting to These brave and dedicated soldiers bonus to members of Selective Reserve who and from duty assignments. This ini- have chosen to join the Armed Forces are mobilized. tiative stems from legislation I first and protect our country, which is one A bill (S. 712) to amend title 10, United of the highest forms of service there is. States Code, to provide Survivor Benefit introduced two years ago, and then again this past January. They are putting their lives on the line Plan annuities for surviving spouses of Re- to protect the freedom and security of serves not eligible for retirement who die Specifically, the provision would pro- from a cause incurred or aggravated while on vide a tax deduction for overnight trav- the United States. I take my hat off to inactive-duty training. el costs incurred more than 100 miles them. A bill (S. 718) to provide a monthly allot- from the taxpayer’s home. These ex- To date, Montana has sent almost 700 ment of free telephone calling time to mem- penses include meals, transportation, Reserve forces into Active Duty. bers of the United States Armed Forces sta- and lodging up to the amount allow- Malmstrom Air Force Base has 105 air- tioned outside the United States who are di- able under Department of Defense per men deployed overseas, including 50 rectly supporting military operations in Iraq diem allowances. members of the 819th Red Horse Squad- or Afghanistan. ron. Earlier this month 114 members of A bill (S. 721) to amend the Internal Rev- Mr. President, this provision is a enue Code of 1986 to expand the combat zone positive step in the right direction, as the Red Horse Squadron came home income tax exclusion to include income for approximately 225,000 Reservists and after being deployed in southwest Asia the period of transit to the combat zone and Guardsmen incur significant out-of- for five and a half months. The airmen to remove the limitation on such exclusion pocket expense—expenses that often are supporting six different operations for commissioned officers, and for other pur- match or even exceed their military around the world in southwest Asia, poses. take-home pay. supporting no-fly zones in Iraq or in Mr. FRIST. Mr. President, I ask The restoration of the tax deduct- Afghanistan. unanimous consent that the Senate ibility of these expenses would help al- About 390 Army Reservists from proceed en bloc to the measures, and I leviate the personal and financial costs Montana have been deployed. From object to further proceeding en bloc. of these individuals’ patriotic efforts. Great Falls, the 889th Quartermaster The PRESIDING OFFICER. Objec- And, quite frankly, our servicemen and Company unit—with 119 members—re- tion having been heard, the bills will be women should not be put in the posi- cently received mobilization orders placed on the calendar. tion of subsidizing their own training. along with 100 members of the 4225th f I thank Chairman GRASSLEY, Senator U.S. Army Hospital. BAUCUS, and the Finance Committee From Missoula, 58 soldiers from the ARMED FORCES TAX FAIRNESS for working with my office to include 279th Engineer Battalion and 16 sol- ACT OF 2003—Continued my provision. I also would like to diers from the 823rd Transportation De- Mr. DEWINE. Mr. President, I rise thank Senator MCCAIN and my 61 col- tachment have been activated. And out today to share my strong support for leagues who co-sponsored this legisla- of Billings, 161 members of the 592nd this much needed and much deserved tion with me last year. The incredible Ordnance Company recently received military tax package. I commend number of bipartisan co-sponsors dem- their orders. Most of these army Re- Chairman GRASSLEY and my many col- onstrates the widespread support our servists will take part in Operation En- leagues who have worked so hard on legislation carries, as well as the tre- during Freedom. this bill for such a long time. As we all mendous support we all share for our Montana’s Air National Guard has know, this tax package is long overdue. troops. also contributed significant human re- As my colleagues know, the Armed Mr. President, we owe these brave sources. 210 members of the 120th Forces Tax Fairness Act of 2003 would Americans our thanks and our deep Fighter Wind have been activated fly- provide critical tax relief to our service and abiding gratitude for their service ing in the no-fly zone over Iraq. men and women. Specifically, this bill and dedication to our country and all Montana’s Army National Guard has would remedy several tax problems that it represents. Whether in the contributed about 125 Army Guard that unfairly penalize the men and streets of Baghdad, the deserts of Ku- members, many of which are at other women serving in our military and wait, or the caves of Afghanistan, we bases throughout the United States Foreign Service. Certainly now, more must never forget those men and taking part in Homeland Security than ever, we must correct these in- women, who serve to uphold the ideals measures. equities. It is the right thing to do. of our great Nation. Thirty-five members of the 443rd Pe- Mr. President, there are many serv- They have sacrificed so much not troleum, Oil and Lubricants Supply ice men and women from my home only to protect our freedom, liberty, Company have been mobilized to assist

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.030 S27PT1 S4476 CONGRESSIONAL RECORD — SENATE March 27, 2003 with base security at the 120th Fighter There being no objection, the mate- land and Virginia. They have guarded al Wing unit on Gore Hill outside of Great rial was ordered to be printed in the Qaeda and Taliban detainees from Afghani- Falls, MT. Forty-five soldiers from the RECORD, as follows: stan at Guantanamo Bay in Cuba and pa- trolled Iraq’s no-fly zone. Now, area troops 495th Transportation Battalion are [From the Washington Post, Mar. 4, 2003] are getting ready to set up refugee camps in taking part in Operation Enduring CALLED-UP RESERVIST TAKE BIG HIT IN WAL- northern Iraq and to transport equipment to Freedom. Eight ground-air liaison LET; FAMILIES STRUGGLE ON MILITARY SAL- the front lines. In the Maryland National teams are in Fort Sill, OK, and 2 UH60 ARY Guard, 3,000 of 8,000 members have been Helicopter pilots are in Fort Benning, Spring should be the busy season for the called up since Sept. 11, 2001. GA. Brinkers’ Columbia home improvement busi- ‘‘The military can’t conduct a war without Most certainly, I do not want to for- ness. But instead of cashing in on the jobs the National Guard and reserve compo- get the thousands of Active Duty that will come up as the weather improves, nents,’’ said Maj. Charles Kohler, a spokes- Army, Navy, Air Force and Marines Lynn Brinker is calling customers to cancel man from the Maryland National Guard. thousands of dollars’ worth of work. Green’s unit probably will be placed some- from Montana stationed elsewhere It was less than five months ago that her where in the Middle East, he said. He doesn’t throughout the Nation and overseas. husband, Sgt. Mark Brinker, an Army re- yet know where, but it will be a world away These soldiers are sons and daugh- servist with the 400th Military Police Bat- from his civilian life, where he has two chil- ters, brothers and sisters, fathers and talion, returned from a year-long, post-Sept. dren and is in charge of Sears deliveries in mothers. And like you and I, they have 11 deployment to Fort Sam Houston in Maryland. While on active duty, he expects families to take care of and worry Texas. To get through that tour, Lynn to lost about $1,000 a month, the equivalent about. They have personal lives to at- Brinker cashed in savings bonds meant for of his monthly mortgage payment. tend to, bills to pay and tax forms to the education of their three children, took Green was called up during the Persian out a bank loan and borrowed $15,000 from a Gulf War, and this time around, he thought fill out. As they are stationed far away, relative. he knew how to prepare. But still he was they are worried about how their chil- Now, mark has been called up again, this caught somewhat off guard. dren are doing in school and how their time for the impending war in Iraq, and she ‘‘You try to put a few dollars away in case husbands or wives are coping with the doesn’t know what they’re going to do. of an emergency,’’ he said. ‘‘But this isn’t an distance. It is not easy. ‘‘There is just no way we can make ends emergency; this is a crisis.’’ Every day they are putting their meet with him gone again,’’ she said, ‘‘It’s Now, he’s praying for two things: ‘‘I hope lives back here on hold and instead just ridiculous. We’re in our forties, we’ve we win the lottery, or at least that our car worked hard, and we didn’t expect to have to doesn’t break down.’’ putting their lives on the line to pro- be starting all over again like this.’’ His fiancee, Wanda Jones, will have to tect the rights we hold so dear. As the Pentagon continues to activate re- work overtime at her pharmaceutical com- With all of the worries they are fac- serve and national Guard troops, some of the pany job to help make up the difference. And ing, I am urging for passage of the biggest sacrifices are being made on the they’ve already had a conversation about fi- military tax bill so we can take one, or home front. In addition to risking their nances when he’s gone. two, burden off of their minds. lives, many soldiers, sailors, airmen and Ma- ‘‘I’m going to cut out shopping at the These men and women should not rines are risking their livelihoods, leaving mall,’’ she said. have to worry about whether or not civilian jobs that pay much better than the Some firms continue to pay troops on ac- tive duty, or at least to make up the dif- their deployment changes their resi- military. Families are selling second cars, canceling vacations and postponing paying ference between military and civilian pay. A dency for tax purposes. They should bills as they steel themselves for drastic re- survey by the Reserve Officers Association of not have to worry about whether or not ductions in income. the United States found that of the 154 For- they can afford their weekend training, For the reservist on inactive status, the tune 500 corporations that responded to a nor should they ever have to worry duty can be a welcome source of extra cash. query, 105 make up the differences in pay. about whether their death could result A private with less than two years’ experi- Last year, just 75 of 132 responding compa- in an undue tax burden to their family. ence can pick up $2,849 a year for one week- nies did so, and in 2001, the number was 53 of One of the best ways we can support end a month of drilling and an annual two- 119. Army Reserve Sgt. Jeffery Brooks, a fraud our troops is by doing everything we week training exercise. A staff sergeant with six years can get $4,628. With a call to active detection manager from Woodbridge, said his can to ensure that they and their fami- duty, the pay bumps up—$16,282 for a private company, Capital One, has agreed to pay him lies are taken care of. As a tribute to first class and $26,448 for the staff sergeant, the difference. Otherwise, he would be losing our Armed Forces, I cannot think of a which is tax-free while the military member 42,200 a month. ‘‘I’d be in real trouble,’’ he better way to support them than by is in a combat zone. said. passing the military tax bill and allow- There are other benefits. Mortgage and Daniel Ray, editor in chief of ing them to focus on their mission credit card rates are reduced. In some cases, bankrate.com, an online financial informa- rather than their finances. the law prohibits landlords from evicting tion service that helps reservists, said many people are not so lucky. ‘‘Those are generous I encourage my colleagues to show military families even if they haven’t paid rent. And employers are required to take re- bosses to have,’’ Ray said. ‘‘But if you’re their support for our troops today by servists back once they return from duty, self-employed, or you’ve built up your prac- voting in favor of the Armed Forces with no loss in pension benefits or seniority. tice over the years, it can be very hard. Tax Fairness Act. But the package comes nowhere near mak- When you go away, your practice dries up. Ms. LANDRIEU. Mr. President, I ing up for many civilian salaries. Then it doesn’t just affect you but your sec- know that my friends and colleagues, The reservists are volunteers, of course. retary and the people who rely on you.’’ Senator GRASSLEY from Iowa and Sen- They have been reminded repeatedly that ac- Not everyone takes a financial hit. Army tive duty could come at any time. But many Reserve Lt. Orlando Amaro would make the ator BAUCUS from Montana, share my say they signed up for the several thousand same amount guarding a POW camp in Iraq concerns about the safety and welfare a year in extra pay and other perks, not for as he does as a D.C. police officer patrolling of our troops in the field and their fam- war. the streets of Columbia Heights. If he is ilies at home. With the deployment of ‘‘I thought I could get some money for shipped overseas, where his income wouldn’t the 389th Engineer Battalion and the school,’’ said Spec. Robert Moore of Pasa- be taxes, he may come out ahead. 106th Aviation Unit from the Iowa dena, who spent a year on active duty with ‘‘It won’t affect me at all,’’ he said. Guard and 495th Transportation Com- the Army’s 443rd Military Police Company Lynn Brinker isn’t thinking about coming pany and 411th Support Detachment after the Sept. 11, 2001, terrorist attacks and out ahead. She may sell the Chrysler she and her husband recently bought. She wants des- from the Montana Guard, no one can was shipped off again last week for training at Fort Lee, Va.—most likely a prelude to perately to let her 12-year-old son, Chris, doubt that the people of the Hawkeye deployment overseas. ‘‘I think most people continue private viola lessons, and for Kevin, and Big Sky States are making very just thought: ‘We’re just the reserves. We’re 10, to keep up with the trumpet. She wonders important contributions to our na- not going anywhere.’ ’’ whether she’ll be able to afford the registra- tional defense. Sgt. Kevin Green hears similar comments tion fees and equipment for youth hockey in However, I wonder if my friends saw from his Army National Guard troops in the the fall. the article in the Washington Post on 1229th Transportation Company. ‘‘My thinking is we’ll tap this line of credit March 4, entitled ‘‘Called-Up Reservists ‘‘They don’t want a weapon in their hands, and try to keep my kids’ lives as normal as riding around in another country, worried possible while their father is away. It’s very Take Big Hit in Wallet; Families that they won’t come back,’’ he said. traumatic for them,’’ she said. Struggle on Military Salary.’’ I ask As of last week, 168,083 reserve and Na- ‘‘People may say, ‘Well, he signed up for unanimous consent that this article be tional Guard troops were on active duty, in- this. You knew this could happen.’ But he printed in the RECORD. cluding thousands from Washington, Mary- was away for an entire year, and then leaves

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.014 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4477 four months later. And now we don’t know Mr. BAUCUS. I share the sentiments vidual expatriation. According to the how long he’ll be gone. I don’t think he of Chairman GRASSLEY. I would sup- Joint Committee, there is virtually no signed up for that.’’ port tax treatment for our Guardsmen enforcement of the special tax and im- Ms. LANDRIEU. This Post story cap- and Reservists like that proposed by migration rules applicable to tax-moti- tures the reality of reservists who are Senators LANDRIEU, DEWINE, and vated citizenship relinquishment and called to war and are asked to make ALLEN. S. 351 is not the appropriate residency termination. the double sacrifice of enormous pay venue, but the reconciliation package The Joint Committee also said that cuts to serve their country. present law has been highly ineffective. Because of stories like these in my should achieve the goals of S. 442. The Present law continues to provide tax home State, and across the country, I junior Senator from Louisiana is cor- introduced S. 442, the Reservists and rect that the $350 billion tax package incentives for individuals to expa- Guardsmen Pay Protection Act. This should contain both tax cuts to pro- triate. It also is difficult to collect U.S. bill would provide a tax credit to em- mote growth and benefit the quality of taxes on former citizens who are no ployers who take the patriotic step of life for the men and women in the longer physically present in the United covering the difference between their United States Armed Forces. States. employee’s pay and as a civilian, and Ms. LANDRIEU. Mr. President, I ap- Additionally, a study conducted by their pay as a soldier. The tax cut preciate the chairman’s offer and the the General Accounting Office con- would cover 50 percent of the amount, ranking member’s offer, and look for- cluded that the IRS did not have a sys- and last for 1 year. Additionally, the ward to working with them to include tematic compliance effort. That means Senate just passed a budget resolution this important legislation in the rec- that we are not even enforcing the al- that calls for $350 billion in tax cuts onciliation bill this year. ternative tax regime that is on the over 10 years. Certainly, we should en- Mr. BAUCUS. I suggest the absence books. sure that there is room in this tax cut of a quorum. That means a former citizen could to both promote economic growth and The PRESIDING OFFICER. The avoid the alternative tax regime by benefit the men and women in uniform clerk will call the roll. holding foreign assets—which are not willing to risk their lives in defense of The bill clerk proceeded to call the taxed. Or by waiting until the 10-year this great Nation. roll. period expires before disposing of U.S. As the chairman and ranking mem- Mr. BAUCUS. Mr. President, I ask property. ber know, I have been a strong sup- unanimous consent that the order for The Armed Forces Tax Fairness Act porter of Senate Bill 351, the Armed the quorum call be rescinded. includes a new system to address tax- Forces Tax Fairness Act. It contains a The PRESIDING OFFICER. Without motivated expatriation. Under this leg- provision that I introduced as separate objection, it is so ordered. islation, any U.S. citizen or long-term legislation relating to dependent care Mr. BAUCUS. Mr. President, earlier I resident who relinquishes their U.S. benefits for military personnel, and I paid tribute to Senator Daniel Patrick citizenship or residency will be subject very much appreciate Senator GRASS- Moynihan. There is a provision in the to an exit tax on the gains attributable LEY’s and Senator BAUCUS’ effort to in- legislation we are considering which to property owned during their U.S. clude these provisions in the bill. was very near and dear to the heart of citizenship. However, I think it would be a ter- Senator Moynihan, and that is the ex- Under this proposal, if the gain ex- rible mistake to ignore this looming patriation provision contained in this ceeds $600,000, then a former citizen question that affects so many Reserv- bill. It was actually developed by Sen- will be taxed on the net unrealized gain ists and Guardsmen, especially after ator Moynihan and Senator Roth sev- on property—as if it were sold at fair agreeing to $350 billion in tax cuts. S. eral years ago. That is the genesis of market value 1 day prior to expatria- 442 is both stimulative and necessary this provision. tion. The Treasury Department be- for the men and women on the front As we know, there are many men and lieves that this new system will great- lines, as well as their families back at women overseas fighting for our coun- ly improve the administrability of the home. So, I ask my friends, the distin- try. For example, there are currently tax on expatriates. The new system im- guished chairman and ranking member about 300,000 in Iraq. At the same time, poses the tax at the time the individual of the Senate Finance Committee, can there are individuals who attempt to leaves the U.S. jurisdiction. anything be done to address this prob- escape their patriotic duty. While we Additionally, by including foreign as- lem? have 300,000 men and women over in sets within the regime, this eliminates Mr. GRASSLEY. I thank the junior Iraq, other individuals are attempting a significant incentive for tax-moti- Senator from Louisiana for her bring- to escape their patriotic duty. They re- vated expatriation. ing this important issue to the com- linquish their U.S. citizenship. Why? This expatriation provision will raise mittee’s attention. The Congress has One basic reason: In order to avoid sup- $700 million. The military bill uses that an obligation to see to the well being of porting the United States through $700 million to provide tax benefits to the men and women who are defending taxes. military personnel. this Nation even now. For these rea- Between 1991 and 2002, approximately In contrast, the House version of the sons, the committee has adopted S. 351, 6,500 U.S. citizens have expatriated; military bill is simply a modification and we would like to pass that legisla- that is, they gave up their U.S. citizen- of the current alternative tax regime. tion immediately. I know it contains ship. In 1966, as part of the Foreign In- It raises $328 million. The House provisions of deep interest to the Sen- vestors Tax Act, Congress created an version will not go far enough. It sim- ator from Louisiana, and she would alternative tax regime for U.S. citizens ply adds more provisions for the IRS to agree that the sooner they are enacted who expatriated in order to avoid pay- enforce. This strikes me as odd consid- the better. However, I share her con- ing taxes. The alternative tax regime ering none of the current provisions is cern about the need to take whatever taxes a former citizen on U.S. property being enforced. steps we can to support our troops and for 10 years after expatriation. Sometimes the laws just do not work their families. For a variety of reasons, These tax rules were strengthened in the way Congress intended. So, we I do not believe that the S. 351 is the 1996 following press reports and con- must change the laws to ensure they correct vehicle to address this problem. gressional hearings indicating that are effective and administered as Con- I do recognize that the issue appears to very wealthy individuals expatriated gress intended. have drawn broad support as similar while maintaining significant contacts The current system to tax expatri- proposals have been introduced by Sen- with the United States. ates does not work. We have had nearly ators DEWINE and ALLEN. I say to my Unfortunately, these changes to the 40 years to make the system work. We friend from Louisiana, I will work with law have not deterred citizens from ex- should not wait any longer to collect her and Senators DEWINE and ALLEN on patriating to avoid paying U.S. taxes. taxes on those who do not value the including the Reservists and Guards- The changes simply never worked as freedoms our nation provides. men Pay Protection Act in the rec- Congress intended. The new proposal does not seek to onciliation package that we will bring This year, the Joint Committee on tax expatriates on income earned after to the floor soon. Taxation published a study on indi- expatriation. It just says they have to

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.017 S27PT1 S4478 CONGRESSIONAL RECORD — SENATE March 27, 2003 pay tax on the income earned while hancing the compensation of Active- Mr. BAUCUS. Mr. President, I yield they were a U.S. citizen. While our Duty, Reserve, and National Guard per- whatever time the Senator from Ar- military protected them. sonnel, and their families. kansas desires. I thank former Senator Bill Roth and In the Armed Services Committee, The PRESIDING OFFICER. The Sen- the late Senator Daniel Patrick Moy- we also are engaged in such an effort ator from Arkansas. nihan, who developed this proposal sev- and we do it annually. I assure my col- Mr. PRYOR. Mr. President, I ask eral years ago. And I thank Senator leagues that in connection with the fis- unanimous consent that I may speak HARKIN and others who have continued cal year 2004 Defense Authorization for up to 5 minutes on the pending bill. to work on this in the 107th Congress Act, we do our utmost to make sure The PRESIDING OFFICER. Is there and this year. every aspect of pay and benefits is objection? Without objection, it is so ordered. AMENDMENT NO. 433 closely examined. With respect to the legislation before Mr. PRYOR. Mr. President, in these (Purpose: In the nature of a substitute) the Senate, I am particularly pleased halls we often talk about the need to On behalf of Senator GRASSLEY and to support the provision of capital provide our military personnel with myself, I call up amendment numbered gains relief to military homeowners in the resources they need to complete 433. connection with the sale of their resi- their missions. We all acknowledge The PRESIDING OFFICER. The dence. This relief, which recognizes re- how unique and important our military clerk will report. alities of military service, is long over- personnel and their needs are to us. The bill clerk read as follows: due. It is our responsibility to have a The Senator from Montana [Mr. BAUCUS], Senator MCCAIN introduced legisla- comprehensive picture to know what for Mr. GRASSLEY, and Mr. BAUCUS, proposes tion last year, S. 1678, and I was happy we need to do to make life better for an amendment numbered 433. to be a cosponsor and sought to achieve our men and women in uniform. By Mr. BAUCUS. I ask unanimous con- this purpose with him and others. I that I mean not only salary but that sent reading of the amendment be dis- also view as particularly timely and we need to understand their health pensed with. well justified the provisions that are care needs, their housing needs, pen- The PRESIDING OFFICER. Without above-the-line tax deductions to Re- sion needs, education needs, disability objection, it is so ordered. serve and National Guard personnel and employment benefits. It is very (The amendment is in today’s who incur out-of-pocket expenses as a important, as we work in Iraq and RECORD under ‘‘Text of the Amend- result of training operations and those around the world and as we keep Amer- ment.’’) benefiting the families of the Space ica safe, that we, as Congress, have this The PRESIDING OFFICER. The Sen- Shuttle Columbia heroes. important information. ator from Virginia. It is fitting as hundreds of thousands Not long ago, I was in a hearing of the Armed Services Committee, of Mr. WARNER. Mr. President, I rise of our military personnel—and many which I am a member, and we began in strong support for this piece of legis- are engaged not only in the battle in discussing the home mortgage deduc- lation. I compliment my long-time Iraq but Afghanistan, which our group tion. One thing I realized was the home friend, the Senator from Montana, for recently visited, and other trouble mortgage deduction is a very impor- his work. We have enjoyed many spots of the world—that the Senate tant part of America’s financial pic- projects together over the quarter of a recognize their contributions to free- ture, but also it is an important cor- century, and our distinguished Senator dom and the sacrifices they and their families make. nerstone to the American way of life. GRASSLEY has taken a strong hand, as As I thought about the home mort- always, on matters regarding revenue There are roughly 290 million citizens in this country. There are on active gage deduction for military personnel, and also the Armed Forces of the I realized that the Tax Code is cum- United States. duty today about 1.5 to 1.6 million indi- viduals. The normal standing force of bersome and complicated. I could not If I had named this bill, I would have find one place, one document, that laid called it the Armed Forces Family Tax the active forces of the United States runs about 1.2 to 1.3 million. Now with out all the provisions in the Tax Code Fairness Act of 2003 because as I have designed to benefit our military per- studied this legislation and made some the augmentation of so many being called in the Reserve and the Guard to sonnel. contribution to the text of it, I have al- active duty, that is somewhat larger. And on comes the military tax bill, ways had in mind the families of the However, that group represents only this very important piece of legisla- men and women of the Armed Forces one half of 1 percent, roughly, of the tion. I commend Senator GRASSLEY and and others who serve in the cause of population of 290 million citizens in Senator BAUCUS for all their hard work freedom for our citizenry the world this country. on this bill. But I looked, and I saw a over, who take enormous risks and, We should always be mindful that so maze of Tax Code provisions, mainly frankly, accept the hardships which for many are on active duty, particularly for short-term solutions. Those are im- those who would lead sort of a normal those engaged in armed combat, those portant, there is no question about it. life are hard to understand. who are on the television screens 24 But still, I could not find a comprehen- Traveling about the world, most re- hours a day now, assuming these cou- sive view of tax treatment for our cently with Senators LEVIN and ROCKE- rageous roles they are taking in com- Armed Forces. FELLER and my colleague from Kansas, bined forces, trying to free the Iraqi So what I am proposing is very sim- covering that area in Pakistan and people of the bondage of these many ple and very clear; that is, I would like Qatar, Kuwait, we saw firsthand the years and to remove the weapons of to ask the GAO and the Departments of brave men and women not only in uni- mass destruction which threaten the Defense and Treasury to provide us form but the agency staff and others very Members who occupy this Cham- with a comprehensive study of the tax who hopefully will benefit from this ber from time to time. If those mass treatment of U.S. military personnel, legislation. weapons spread throughout the world along with a complete study of the fi- I compliment my two colleagues on through the net of terrorism, small nancial conditions of our troops. And I their timely action in extending these quantities of biological and other types would request they make recommenda- tax benefits to military and Foreign of weapons of mass destruction could tions on whether the Tax Code could be Service personnel and to the families reach our shores and, indeed, inflict used to improve the unique financial of the Space Shuttle Columbia astro- enormous harm against our people. conditions of our troops. nauts. This is a very small group, less than This powerful information will help At this historic moment in history, 1⁄2 percent, who take these risks to pre- this Congress, help this administra- with Operation Iraqi Freedom in serve the freedoms and give us a great- tion, and also help our men and women progress, it is fitting we take every op- er sense of security here at home. in uniform. This one document could portunity to express appreciation we I hope this bill receives 100 votes. I be a very powerful tool for us to help have for our men and women in uni- thank those who made it possible. our men and women in uniform. form. Certainly one way to do that is The PRESIDING OFFICER. The Sen- However, at this juncture, I do not to place a priority on legislation en- ator from Montana. want to slow down, in any way, this

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.019 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4479 very important bill on which Senator U.S. Navy CDR Laurel Clark, Dr. disrupt and dismantle the financial GRASSLEY and Senator BAUCUS have Kalpana Chawla, U.S. Air Force COL components of terrorist organizations. spent so much time. I support their ef- Rick Husband, Naval CDR William Special agents from the IRS and forts to move this bill through quickly. McCool, and Israeli Air Force COL Ilan other law enforcement agencies have We all understand how important that Ramo´ n will be remembered forever. successfully investigated numerous is. Five of the six Columbia crew mem- terrorist related entities—including Therefore, I am not asking that my bers, from the United States, had mili- tax exempt organizations that have en- amendment be adopted. But what I am tary backgrounds. They were national gaged in terrorist fundraising. asking, very respectfully, is that Sen- heroes who are deeply missed by their The Armed Forces Tax Fairness Act ators GRASSLEY and BAUCUS join me in family and friends. Through their dedi- of 2003 contains a provision that would a letter asking the GAO to do what our cation to space exploration, they lived suspend the tax-exempt status of any amendment otherwise would accom- their lives to the fullest and made long organization designated by U.S. au- plish. I thank them for their hard lasting contributions. thorities as a terrorist organization or work, and I thank them for their lead- In honor of their sacrifice, I along supporter of terrorism. ership on these very important issues, with 13 of my Senate colleagues, intro- There is no procedure under present issues the American people are very duced S. 298, the Assistance for Fami- law for the IRS to suspend the tax-ex- concerned with, and issues on which lies of Space Shuttle Columbia Heroes empt status of an organization. they have shown great leadership. Act. The IRS can revoke an organization’s The PRESIDING OFFICER. The Sen- I am pleased that the legislation was tax-exempt status only after con- ator from Montana. included by the Senate Finance Com- ducting an examination of the organi- Mr. BAUCUS. Mr. President, that is a mittee as part of the Armed Forces Tax zation. very important statement and request Fairness Act of 2003. Even then, the IRS must issue a let- that the Senator from Arkansas has Under the legislation, the families of ter proposing revocation and allow the made. I can speak on behalf of myself, the Columbia heroes would receive the organization to exhaust its administra- and I am sure Senator GRASSLEY, that same benefits as families of military tive appeals rights. we would be more than honored to join personnel who die in the line of duty. The provision in this legislation is The provisions are similar to legisla- with the Senator from Arkansas in simply common sense. It is an impor- tion passed in 2001 that provided relief making that request. It is a very time- tant weapon in our war on terrorist fi- to victims of the September 11, anthrax ly request. It is one that is very impor- nancing. and the Oklahoma City attacks. tant. Frankly, I am a little bit sur- An organization that has been des- Specifically, the bill expands the prised none of us made that same re- ignated by the Federal Government as class of those eligible for these benefits quest that he has made because it is so a terrorist organization should not be to include astronauts killed in the line important, and it is going to give us a exempt from Federal income tax. of duty. Moreover, contributions to such orga- lot better idea of the financial condi- The legislation provides income tax nizations should not be tax deductible. tion of our armed services. It is a good relief. Current law generally excludes Once the Federal Government deter- idea. from tax income received in the year of mines that an entity is a terrorist or- The PRESIDING OFFICER. The Sen- death or in a previous year for soldiers ganization pursuant to certain author- ator’s time has expired. killed in combat zones, and victims of ity—for example, the International The Senator from Iowa. September 11, anthrax and Oklahoma Mr. GRASSLEY. Mr. President, I Emergency Economic Powers Act—a City. separate investigation by the IRS is yield myself such time as I might con- The legislation expands this benefit not necessary. sume. to apply to astronauts who die in the Further, because a terrorist organi- I associate myself with the remarks line of duty. of the Senator from Montana. I share The legislation provides death ben- zation may challenge the Federal gov- Senator PRYOR’s interest in a GAO efit relief. Current law excludes from ernment’s designation under the law study and will be glad to work with income any death benefit paid by the authorizing the designation, recourse him on a letter. And, obviously, a per- U.S. Government to a soldier killed in to the declaratory judgment proce- son such as I, who relies upon the GAO a combat zone or paid by an employer dures of the Tax Code is not appro- for so much study on matters in which to the families of the victims of Sep- priate. I am involved, would not discourage tember 11, the anthrax attacks, or the If a tax-exempt organization’s sus- my colleague from likewise seeking the Oklahoma City bombing. pension is determined to be erroneous, General Accounting Office’s expertise The legislation expands this benefit the provision would allow tax refunds and look forward to what such a study to apply to death benefits paid to the for any overpayments. would show in regard to the treatment families of astronauts killed in the line Lastly, the IRS will be required to of our military personnel. of duty. update its listings of tax-exempt orga- I yield the floor. The legislation provides for estate nizations to take into account organi- The PRESIDING OFFICER. The Sen- tax relief. Current law provides estate zations that have had their exemption ator from Montana. tax relief that effectively lowers the suspended. This will give notice to tax- Mr. BAUCUS. Mr. President, when estate tax rate to 20 percent for the es- payers that contributions to these or- the space program began in 1959 there tates of soldiers killed in combat ganizations are no longer deductible. were only seven astronauts in the en- zones, the victims of September 11, the I urge my colleagues to support the tire country. They all were or had been anthrax attacks or the Oklahoma City Armed Forces Tax Fairness Act of 2003. in the Armed Forces. bombing. Mr. President, this bill includes That was only 44 years ago and since The legislation expands this benefit many important changes in the tax then, much has changed. Today, astro- to apply to the estates of any astro- treatment of income and benefits re- nauts are comprised of Americans from naut killed in the line of duty. ceived by members of our armed forces. every race, creed, color and gender. The best way to honor Columbia’s One provision is particularly important While many still come from the mili- fallen heroes is to promptly pass this for members that face the dual chal- tary, the astronaut corps now includes legislation and pledge that the goals lenge of serving their nation while rais- civilian doctors, scientists, and engi- and missions of NASA will live on in ing a family. The bill explicitly states neers. They are our best and our the years to come. that child care subsidies that members brightest. They risk their lives to ad- I urge my colleagues to support the of the military receive shall not be sub- vance our knowledge and under- Armed Forces Tax Fairness Act of 2003 ject to income tax. standing of the world. which includes tax relief for the fami- In 1986, we passed a law which stated On February 1, 2003, seven men and lies of the Space Shuttle Columbia he- that military benefits should not be in- women aboard the space shuttle Colum- roes. cluded in income for tax purposes. The bia lost their lives. LTC Michael P. An- Mr. President, since September 11, statute lists a number of benefits re- derson, U.S. Navy CAPT David Brown, significant progress has been made to ceived by members of the military—

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.039 S27PT1 S4480 CONGRESSIONAL RECORD — SENATE March 27, 2003 housing allowances, medical benefits, and the clerk will read the bill, as weakness of the 1996 provisions. That education assistance, and many others. amended, for the third time. should stop today. But child care subsidies do not appear The amendment (No. 433) was agreed In both this Congress and the last, I on the list. to. introduced legislation with Senator When we passed this law, the Depart- The amendment was ordered to be STABENOW to effectively prevent very ment of Defense did have a program to engrossed and the bill to be read the rich individuals from reducing their assist members of the military in car- third time. taxes by renouncing their U.S. citizen- ing for their children. But the impor- The bill was read the third time. ship. It is a companion to a measure in- tance of this program has increased as Mr. HARKIN. Mr. President, I am troduced by Congressman CHARLES the demographics of the members of very pleased that the Finance Com- RANGEL in 2002. The Joint Tax Com- the military have changed. mittee has moved the important provi- mittee now estimates that it saves $700 There was a time when our forces sions of this bill to the Senate floor million. The savings to the Treasury were primarily young single men. How- and I urge that the bill be passed. are important and the reality that peo- ever, times have changed. Twelve per- The current Tax Code does not ade- ple are able to save on their fair share cent of the forces are women. Over half quately deal with the special cir- of taxes by turning their back on our of the active duty members are mar- cumstances that some in our military country is in some ways even more im- ried. Two-thirds of military spouses face. One of the most important provi- portant. I call them Benedict Arnold. work outside the home. Six percent of sions, in my view, is providing for an Under current law, for 10 years after members are married to another mem- above-the-line deduction for overnight a U.S. citizen renounces his or her citi- ber of the military. And 6 percent are travel expenses of National Guard and zenship with a principal purpose of single parents. Reserve members. avoiding U.S. taxes, the person is taxed Young single soldiers are no longer I have taken a personal interest in a at the rates that would have applied the norm. Recognizing these changes, provision included in this measure that had he or she remained a citizen. In re- the Department of Defense has placed a provides that descendants of current or ality, the tax is nominally on a broader reinforced importance on assisting former active military personnel may based of income and on more types of military families. be members of veterans organizations. transactions. In addition, if the expa- The Department of Defense recog- Without this provision, many local vet- triate dies within 10 years of the expa- nizes the additional challenges faced eran posts which operate food oper- triation, more types of assets are in- by military families as they raise chil- ations will find themselves having to cluded in his or her estate. Unfortu- dren. The average military family pay unrelated business income taxes as nately, the reality is that taxes are moves every two and a half years, mak- the portion of service to members falls. very often not paid. ing it difficult for them to find quality A large share of the local posts in Iowa Once a person has expatriated and re- child care, or friends and neighbors to are very small operations and this moved U.S. assets from U.S. jurisdic- look to for help with child care respon- would be a real burden. I introduced tions, as the Joint Tax Committee re- sibilities. And with work schedules legislation in the last Congress and port notes, it is extremely difficult to that are often long and unpredictable, this one which has been included in the enforce the current rules, particularly help is often necessary. In addition, bill and I appreciate the inclusion of for an entire decade after the citizen- members of the military face the possi- this provision. ship is renounced. The measure I intro- bility of deployment anywhere in the Lastly, I want to discuss the inclu- duced simply provides that the very world at any time. sion of a provision that will effectively act of renouncing one’s citizenship They now operate over 800 child care prevent very rich individuals from re- triggers the recognition of tax. So, centers in the U.S. and abroad. These ducing their taxes by renouncing their rather than collecting tax every time include child development centers for U.S. citizenship. I cannot stress too an asset is sold over the next decade, young children, after-school centers for strongly how disgusting I find this my bill treats all of the assets of an ex- older children, and other family care group’s behavior. Their number is patriate as having been sold the day programs. They provide night and small, but their cost to the Treasury is prior to when the person renounces weekend services as well, to accommo- significant. The Joint Tax Committee their citizenship. The taxes are due up date the often hectic schedules that has estimated the savings of this provi- front rather than over time. In regard military families face. All in all, these sion at $700 million over 10 years. to estate taxes, rather than attempting programs provide care for over 200,000 Back in 1996, I became very inter- to collect the tax from the estate of an children every day. ested in this issue and introduced legis- expatriate not in U.S. jurisdiction, my The cost of these programs varies de- lation on the subject. Senator measure taxes the inheritance of an pending on the income of the parents— Monynihan took the lead in the Senate heir who remain in the U.S. in such a on average, it is about $7,700 per child. and we passed solid legislation at that way as to remove any tax benefit from This cost is shared by the military par- time. Unfortunately, the House re- the renouncement of citizenship. ents and the government, with each sisted the provision and successfully Revenue of $700 million from these paying about half the cost. proposed a mechanism which has prov- very few former citizens is a signifi- The law is unclear about whether en to be grossly inadequate. cant amount of money that must be these benefits are subject to income The Joint Tax Committee staff made up by loyal Americans in the tax. A provision in this bill ends that issued an extensive report on this issue form of higher debt or taxes that confusion. It states that these child earlier this year with considerable co- Americans will face. Last year, the care subsidies, shall not be included in operation from the GAO and the Treas- Senate passed this measure as a part of income, for tax purposes. ury. The report found that ‘‘there is the Armed Forces Tax Fairness Act As the demographics of the members little or no enforcement of the special but, unfortunately, the House opposed of the military have changed, so has tax and immigration rules applicable this provision. the policy of the Department of De- to tax-motivated citizenship relin- I am hopeful that the Senate will fense. Now it is time that we follow quishment and residency termination.’’ strongly resist any effort to weaken with these changes to the tax code. It went to say, ‘‘The Joint Committee these provisions in any way. This is a I compliment Senator LANDRIEU of staff believes that a key reason for in- matter where the Senate should insist Louisiana, who developed this pro- adequate enforcement of the alter- that the loopholes be completely posal, and insisted on its inclusion in native tax regime is the inability to closed. It is an area where lobbyists for this military tax bill. obtain necessary information from in- the Benedict Arnolds should have no It is one more reason the Senate dividuals.’’ With appendices, the report success in their efforts to escape their should pass this legislation today. is over 500 pages in length. But it tax obligations. I yield the floor. comes down to a simple point: A small ∑ Mr. KERRY. Mr. President, I offer The PRESIDING OFFICER. Under number of people continue to evade my strong support for the Armed the previous order, all time is yielded U.S. income taxes by turning their Forces Tax Fairness Act and am proud back, amendment No. 433 is agreed to, back on our country because of the to be a cosponsor of the original bill.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.042 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4481 This legislation, among other meas- lenges of war. During such times, Con- serve our support. For all these reasons ures, will remedy several provisions in gress has spared no expense to make and more, this legislation deserves to the Tax Code that needlessly penalize sure that our dedicated armed services pass. I urge my colleagues to join me in the members of our Armed Forces. personnel have everything they need to supporting this bill. The act eliminates taxes on military fight and win. We will always meet this Mr. MCCAIN. Mr. President, I am death gratuities. It allows service obligation. proud to be an original cosponsor of members to benefit from the sale of a But the men and women on the bat- the Armed Forces Tax Fairness Act of home as civilian taxpayers now do by tlefield have families back home and 2003, H.R. 1307. This important legisla- exempting up to $250,000 of the revenue there is more that we can do for them. tion provides Congress with the oppor- from the sale of a principal residence I am talking about the families of the tunity to demonstrate our firm resolve even if the owner is away on active troops from Barksdale, Belle Chasse, to support the men and women who duty. It excludes amounts received and Fort Polk in Louisiana, as well as sacrifice so much in the service of our our guardsmen from all across the under the military housing assistance country. I applaud Chairman GRASS- State. Every one of my colleagues rep- program. It expands combat zone filing LEY’s and ranking member BAUCUS’ ef- resents military families. We need to rules to include contingency oper- forts, and those of my colleagues who make sure that we support them as ations. And it takes other sound steps have worked so hard on these initia- that will benefit Americans who have well. That is why today I would like to add tives, in some cases, for many years. I chosen to serve their country so admi- want to particularly thank Senator rably in our armed services. There is my voice of strong support for the Armed Forces Tax Fairness Act of 2003. DEWINE for his stalwart leadership on also a provision to assist the families the above-the-line deduction for ex- of astronauts lost in the tragic crash of I congratulate Senator GRASSLEY, the Finance Committee chairman, and penses incurred by our National Guard the Space Shuttle Columbia. and Reserve service members who have Senator BAUCUS, the ranking member, As a veteran, I hold the dedication to travel great distances for their duty and commitment of our military per- for bringing this bill to the floor today. I urge my colleagues to vote in favor of and training. sonnel in especially high regard. They This long overdue tax benefit for our are putting their time, talent, energy this legislation. This bill contains several provisions true citizen-soldiers is even more im- and, often, their very lives on the line that would reduce taxes for members of portant today considering these facts: for our Nation. For that, I thank them our armed services. The bill would During each of the past 5 years, Re- and am proud to support this legisla- clarify that childcare benefits provided serve and National Guard service mem- tion.∑ to military personnel are to be ex- bers have performed between 12 and Mr. HATCH. Mr. President, I rise cluded from income, a provision based 13.5 million duty days in support of the today to express my support for the on legislation that I introduced earlier Active Force. These numbers are in a military tax bill that is currently in this Congress, S. 235. In addition, the direct contrast to 1990, when 1 million pending before the Senate. bill excludes all death gratuity pay- duty days were performed at a time First, I would like to commend Sen- ments from the income of surviving when there were 25 percent more re- ator GRASSLEY, the chairman of the Fi- family members. Military and Foreign servists. nance Committee, and Senator BAUCUS, Service personnel would receive capital the committee’s ranking Democrat, for Reservists and National Guardsmen gains tax relief when they have to sell their leadership in bringing this legis- currently comprise more than half of a home and move because of reassign- lation to this point. Although this bill the airlift crews and 85 percent of the ment or deployment orders. National has a great deal of support in the Sen- sealift personnel that are needed to Guard and Reserve members would re- ate and in the House, it has not been an move troops and equipment in either ceive an above-the-line deduction for easy process to get it enacted, as the wartime or peacetime operations. In overnight expenses when they travel addition, Reserve medical and con- Senate and House each have different more than 100 miles from home to at- versions of the bill. In fact, this legisla- struction battalions and other special- tend National Guard and Reserve meet- ists are critical to a wide range of oper- tion was passed in the Senate and in ings. There are other important provi- the House last fall in the final days of ations. Efforts by the Reserve compo- sions in this bill that give needed tax nents to move beyond a traditional the 107th Congress. Unfortunately, relief to our families. Congress adjourned before the dif- wartime backup role and to provide I had hoped to include language in peacetime support to active units are ferences in the bills could be worked this bill to give a much-needed tax out. thus desirable. The Naval Reserve and break to the employers for Reserve per- Air Force Reserve components have As we debate this bill today, hun- sonnel. When a reservist gets called up, dreds of thousands of our military men made particularly impressive progress as many have, to go fight in Iraq, em- in this area. and women are in harm’s way in Iraq, ployers have to keep his or her job The Reserve components are per- including 3,000 National Guardsmen open, but do not have to pay a salary forming many vital tasks: From direct and reservists from Utah who have to the reservist while they are gone. involvement in military operations to been called into active service. These This can cause an extreme hardship on liberate Iraq in the air, on the ground, brave individuals are selflessly risking a reservist’s family. While the reservist and on the sea; to guarding nuclear their lives for their country. Most, if receives military pay, in many cases power plants in the United States; to not all, of these people are also making this is much less than their civilian providing support to the war on ter- big financial sacrifices to serve in the pay. Some employers, but not all, will military. While this bill will not come pay the difference between the civilian rorism through guarding, interro- close to compensating our service peo- and military pay, but they do not re- gating, and providing medical service ple for these financial sacrifices, it will ceive any benefit for this act of patri- to detainees in Guantanamo Bay Cuba; bring some basic fairness to their tax otism. I introduced S. 442, the Reserv- to rebuilding schools in hurricane- lives. ist and Guardsmen Pay Protection Act, stricken Honduras and fighting fires in The tax provisions in this bill are to give a 50 percent tax credit to these our Western States; to overseeing civil targeted and modest. They are also patriotic employers. affairs in Bosnia; to augmenting air- very much needed. I urge my col- I regret that we were not able to in- craft carriers short on Active-Duty leagues to quickly join me in sup- clude my bill in the Armed Forces Tax sailors with critical skilled enlisted porting this bill, and I hope the House Fairness Act. But I deeply appreciate ratings during at-sea exercises as well will join with us in working out the the chairman and ranking member for as periods of deployment. differences in the two versions of this their commitment to address my tax I believe that the civilian and uni- legislation so that these modest relief credit proposal in the future reconcili- formed leadership of our Armed Forces measures can be quickly sent to the ation package. I look forward to work- and the Congress must recognize this President and signed into law. ing with them. involvement. At a minimum, Congress Ms. LANDRIEU. Mr. President, our Again our men and women in the must provide equality in benefits for Nation has always risen to the chal- Armed Forces and their families de- Reserve component service members

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.071 S27PT1 S4482 CONGRESSIONAL RECORD — SENATE March 27, 2003 when they put on the uniform and per- Section 101 simply remedies this in- capital gains exclusion available to form their weekend drills or other crit- equality in there 1997 law. It amends most homeowners, due to his or her ical training evolutions. Quality of life the Internal Revenue Code so that frequent postings to different bases, or is not just an Active-Duty obligation members of the uniformed and foreign to combat duty abroad. This bill cor- that Congress must provide. Reserv- services will be considered to be using rects that inequity, and makes it easi- ists, on duty, who resemble their Ac- their house as their main residence for er for all military personnel to sell tive-Duty counterparts during training any period that they are assigned over- their home tax free. evolutions and are deployed at times seas in the execution of their duties. In National Guard and Reserve members around the world, should be treated short, they will be deemed to be using would also benefit under the bill from equally when the administration and their house as their main home, even if an above-the-line deduction for travel Congress provide for quality of life they are stationed in Bosnia, the Per- expenses up to $1,500. This puts those benefits. sian Gulf, in the ‘‘no man’s land,’’ com- who serve on the National Guard and I would like to take a moment to dis- monly called the DMZ between North Reserve on equal footing with those cuss a provision in the bill that I have and South Korea, or anywhere else who travel on company business and do personally worked on for some time. they are assigned. not pay for those expenses out of after- Section 101 would allow members of the With Operation Iraqi Freedom, the tax income. uniformed services, as well as State global war on terrorism, and con- No one who chooses to serve in the Department personnel who are away on tinuing operations in Afghanistan, Bos- Guard or Reserve should have to pay extended duty overseas, to qualify for nia, and Kosovo, our Armed Forces are for a plane ticket or hotel room out of the same tax relief on the profit gen- deployed to an unprecedented number their after-tax income in order to join erated when they sell their main resi- of locations. They are away from their their unit when called up for duty. dence as other Americans. I am pleased primary homes, protecting and fur- This bill also contains a number of to announce that Secretary of State thering the freedoms we Americans smaller, but no less important, provi- Colin Powell fully supports this legis- hold so dear. It is wrong to penalize sions designed to ease the tax burden lation, and this legislation enjoys over- them for doing their duty. Military on military personnel, such as the whelming support by the senior uni- service entails sacrifice. We must do treatment of service academy appoint- formed leadership, the Joint Chiefs of all that we can to ensure that Congress ments as scholarships when personnel Staff, as well as the Office of Manage- is not adding to the burdens service apply to tuition programs and Cover- ment and Budget Director Mitch Dan- men and women bear with an unfair dell Education Savings Accounts. iels, the 31-member associations of the Tax Code. This narrowly tailored rem- I wish we could do more in the Sen- Military Coalition representing 5.5 mil- edy will grant equal tax relief to the ate to keep our soldiers, pilots, and lion veterans, the American Foreign members of our uniformed and foreign sailors out of harm’s way during the Service Association, and the American services, and restore fairness and con- current conflict in Iraq. I wish we Bar Association. sistency to our increasingly complex could pass a bill that guarantees that The average American participates in Tax Code. each and every one of them returns our country’s growth through home This military tax package is a clear home safely to their husbands, wives, ownership. Appreciation in the value of show of support for our men and children, and parents. a home allows everyday Americans to women in uniform. It is the right thing We cannot do that. But by passing participate in our country’s prosperity. to do, and I hope that all my colleagues this bill we can improve their financial Fortunately, the Taxpayer Relief Act will support this critical measure. security and make it easier for them to of 1997 recognized this and provided Mrs. FEINSTEIN. Mr. President, I continue to serve and to protect our this break to lessen the amount of tax rise in support of the Armed Forces country. most Americans will pay on the profit Tax Fairness Act, S. 351. I urge my colleagues to support the they make when they sell their homes. Whether we are at war, as is cur- Armed Forces Tax Fairness Act. Unfortunately, the 1997 home sale pro- rently the case, or at peace, members Ms. CANTWELL. Mr. President, I vision unintentionally discourages of the armed services should not be rise today in support of the Armed home ownership among members of the treated unfairly by the Tax Code as a Forces Tax Fairness Act substitute of- Uniformed and Foreign Services. result of their decision to serve our fered by Senator GRASSLEY. This legis- Under the 1997 Act the taxpayer must county. lation is a critical step towards full tax meet two requirements to qualify for Inequities in the Tax Code that dis- fairness for our military personnel and this tax relief. The taxpayer must: (1) advantage men and women in uniform Foreign Service officers. own the home for at least 2 of the 5 not only make it harder for them to The American people and Congress years preceding the sale, and (2) live in support their families and themselves, stand with our men and women in uni- the home as their main home for at but also threaten our own security by form, and this is the right time to ad- least 2 years of the last 5 years. The making it harder for the armed serv- vance tax parity. second part of this eligibility test unin- ices to recruit talented service men Last Congress, I was proud to cospon- tentionally and unfairly prohibits and women. sor the Foreign and Armed Services many of the women and men who serve We have a responsibility to eliminate Tax Fairness Act of 2002, which in- this country overseas from qualifying any disincentives to serving in the cluded many of the provisions that we for this beneficial tax relief. United States military, and this bill are passing today. I was pleased to co- Constant travel across the United does much to fulfill that goal. sponsor the bill again this Congress States and abroad is inherent in the The two most important provisions when it was reintroduced. uniformed and foreign services. None- in this bill are relaxed rules on the This legislation will bring some com- theless, some members of these serv- treatment of capital gains on the sale monsense changes to the way military ices choose to purchase a home in our of a home by military personnel, and and Foreign Service families are treat- communities, even though they will an above-the-line deduction on travel ed under the Tax Code. It will allow not live there much of the time. Under expenses for members of the National military and Foreign Service families current law, if they do not have a Guard and Reserve. to exclude up to half a million dollars spouse who resides in the house during Anyone who has ever served in the in capital gains from home sales; make their absence, they will not qualify for military or grown up in a military fam- death gratuity benefits tax exempt; ex- the full benefit of the home sales provi- ily knows that frequent travel is a way clude compensation from the Home- sion, because no one ‘‘lives’’ in the of life for those in uniform. A U.S. Ma- owners Assistance Program; provide a home for the required period of time. rine might spend a year or two at deduction for the National Guard’s un- The law is prejudiced against families Camp Pendleton, in my home State of reimbursed travel expenses; clarify that serve our Nation abroad. They California, then transfer to Quantico, that dependent care assistance for would not qualify for the home sales and finally end up at Camp Lejeune in military families is exempt from tax- exclusion because neither spouse North Carolina. ation; and support education individual ‘‘lives’’ in the house for enough time to Under current law, that Marine retirement accounts for students at qualify for the exclusion. might not qualify for the home sale service academies.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.026 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4483 The legislation also extends these and then punish him with increased in the 107th Congress. We should waste benefits to the families of the victims taxes if he decides to sell that home. no more time. Recently, the House of the space shuttle Columbia tragedy. The bill we will pass today rectifies passed a bill to provide tax fairness for The Columbia provisions address many this problem by suspending the resi- members of our Armed Forces. How- of the goals in the Assistance for Fami- dency requirements for military per- ever, the Senate has taken the respon- lies of Space Shuttle Columbia Heroes sonnel that are away from home on ac- sible step of offsetting the costs of Act, which I cosponsored with Senator tive duty assignment. these changes to the tax code. The Sen- BAUCUS. This bill also ensures that the full ate bill will close loopholes that cur- Finally, I would like to emphasize a death gratuity payment made to the rently allow some individuals to re- crucial provision addressing IRS treat- survivors of military personnel killed nounce their American citizenship sim- ment of terrorist organizations. Cur- on duty will be exempt from income ply to avoid paying income taxes. I can rently, when the United States des- tax. The death benefits paid to sur- think of no better way to finance tax ignates an entity a terrorist organiza- vivors are intended to cover funeral relief to the brave patriots in our mili- tion, there is a long delay before the costs and immediate expenses while tary than by forbidding anyone to IRS revokes its tax-exempt status. the family gets back on its feet. The shirk income taxes by renouncing citi- There is no reason to postpone the ac- current death benefit is not large; it is zenship in the United States. The tax tion, but it takes time to update these $6,000. Inexcusably, half of that benefit loophole that rewards such unconscion- lists. This bill will automatically sus- is subject to income tax. This legisla- able behavior ought to be closed and pend the tax-exempt status of des- tion excludes the full value of the now is the time to do so. I urge the ignated terrorist organizations, expe- death benefit from tax. To say that the House of Representatives to approve diting the consequences of the designa- survivors of those recently killed in the Senate bill. tion. Last Congress, Senators GRASS- Iraq deserve to receive the entire death Let me close by thanking all of the LEY and JOHNSON introduced bills with benefit, tax-free, is an extraordinary members of our Armed Forces. Wheth- this practical remedy, but we have yet understatement. er they are currently serving overseas to pass it into law. The House version One of the most important provisions or at home, whether they will see com- of the Armed Forces Tax Fairness Act of this bill is the above-the-line-deduc- bat this week or provide support from does not contain this language, but I tion for overnight travel expenses for far away, all these brave men and will work with my colleagues in both members of the National Guard and women are making America very bodies to ensure that when we send this Reserves. Many of these troops travel proud. This legislation recognizes their bill to the President, this important more than 100 miles to serve with their sacrifices. I urge my colleagues to sup- provision is included. units. They have to pay the costs of port the bill and hope that Congress Mr. President, the Armed Forces Tax traveling to their base; and many of will send it to the President without Fairness Act supports our men and them also have to pay for their meals delay. women in uniform during these trying and lodging while away from home. times. I urge my colleagues to give it Under current law, these expenses can f their full support. be deducted from income only if the in- I yield the floor. dividual itemizes deductions on his or EXPRESSING GRATITUDE OF Mr. ROCKEFELLER. Mr. President, I her tax return. This onerous require- UNITED STATES TO NATIONS rise today with great pride to support ment prevents many eligible individ- PARTICIPATING IN COALITION the Armed Forces Tax Fairness Act. As uals from taking advantage of the de- TO DISARM IRAQ I speak, America’s military is fighting duction. in the dangerous and inhospitable The bill we will pass today ensures The PRESIDING OFFICER. Under deserts of Iraq. And when I watch the that the expenses associated with over- the previous order, the measure is laid remarkable news coverage of the night travel to attend National Guard aside, and the Senate will proceed to progress in Iraq, I am awed by the and Reserve meetings can be deducted the consideration of S. Con. Res. 30, skills, dedication, and courage of our even if a person does not itemize deduc- which the clerk will report. fighting forces. Passing this legislation tions. This provision is expected to The senior assistant bill clerk read as is the least that we can do to show save National Guardsmen and reserv- follows: those brave men and women that we ists more than $800 million over the A concurrent resolution (S. Con. Res. 30) support them, we are proud of them, next 10 years. We have seen how val- expressing the sense of Congress to commend and their nation is grateful for their iantly these members of our Armed and express the gratitude of the United sacrifice. Forces are serving—leaving their States to the nations participating with the This Congress ought not to pretend homes, families, and regular jobs, to United States in the Coalition to Disarm that the bill we are considering is some serve in Iraq, Afghanistan, or wherever Iraq. altruistic gift to the men and women their Commander in Chief sends them. The PRESIDING OFFICER. There serving our country in the military. It is the least we can do to minimize will now be 1 hour of debate equally di- Rather, today we will pass legislation the financial burden this service places vided between the chairman and rank- that restores basic fairness to the tax on them and their families. ing member of the Foreign Relations code. We demand extraordinary sac- I have highlighted just a few of the Committee. rifices of our soldiers, sailors, airmen, important provisions of this bill. Let The Senator from Indiana. and marines. They are often stationed me speak for a moment about how im- Mr. LUGAR. Mr. President, I yield far away from their families. They are portant this legislation will be for my myself such time as I may require on frequently uprooted and forced to sell own State of West Virginia. West Vir- this initial statement. their homes on short notice. And in a ginians have a proud tradition of serv- I ask unanimous consent that Sen- military increasingly dependent on the ing in the military. Tens of thousands ators WARNER and ALLEN be added as National Guard and Reserves, we ask of West Virginians are serving on Ac- cosponsors of S. Con. Res. 30. some of our vital troops to travel great tive Duty in our Army, Navy, Air The PRESIDING OFFICER. Without distances at their own expense to train Force, and Marine Corps. More than objection, it is so ordered. with their units. 3,000 West Virginia members of the Na- Mr. LUGAR. I rise in support of this Often the burden of these sacrifices is tional Guard and Reserves have been resolution thanking those nations par- increased by the inflexibility of the activated. I am pleased to be able to ticipating with the United States in Tax Code. For example, a serviceman support legislation that recognizes the ‘‘Coalition to Disarm Iraq.’’ I am stationed in Saudi Arabia obviously their sacrifices and rewards their serv- pleased that this resolution enjoys the cannot meet the residency require- ice. strong support of the ranking member ments associated with the capital gains The Senate passed legislation very of the Committee on Foreign Rela- tax exclusion for his house in the similar to this bill last year. I was ex- tions, the Senator from Delaware, and States. It is spectacularly unfair for us tremely disappointed that the House of the leadership on both sides of the to send a soldier away from his home, Representatives did not act on that bill aisle.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.039 S27PT1 S4484 CONGRESSIONAL RECORD — SENATE March 27, 2003 Our resolution cites the important the United Kingdom, whose forces have Senator and many others disagree pro- diplomatic initiatives originally under- joined with the United States in send- foundly with the choices they have taken by our allies in Europe in sup- ing troops into harm’s way. Each of made. But this Senator, at least, re- port of U.S. resolve to enforce U.N. Se- these nation is making important con- spects—equally profoundly—that that curity Council Resolution 1441. On Jan- tributions to coalition efforts to dis- choice is the right of a sovereign na- uary 30, 2003, the Prime Ministers of arm Saddam Hussein’s regime of its tion to make, to differ with us. Denmark, Italy, Hungary, Poland, Por- weapons of mass destruction. In addi- I think it is time that we move be- tugal, and the United Kingdom, and tion, we thank the numerous other na- yond the finger-pointing and recrimi- the Presidents of the Czech Republic tions that are providing military and nations that have been flying across and the Spanish Government issued a logistical support to operations in the the Atlantic and around the world. We declaration stating the ‘‘the Iraqi re- region. need one another. We will need one an- gime and its weapons of mass destruc- We also pay special tribute to the other in other endeavors. It is time to, tion represent a clear threat to world leaders of the United Kingdom, Aus- again, heal the differences. We could security.’’ The declaration went on to tralia, and Spain. Prime Minister Tony not come together in war, but we are say that ‘‘. . . our governments have a Blair, Prime Minister John Howard, going to have to come together in common responsibility to face this and President of the Spanish Govern- peace. threat....’’ ment, Jose Maria Aznar, have provided This resolution expresses that hope. These European leaders were imme- courageous leadership to efforts to dis- By its words, it ‘‘welcomes and encour- diately joined by the Foreign Ministers arm Iraq, and the Senate of the United ages the active involvement of [the of Albania, Bulgaria, Croatia, Estonia, States commends them for their efforts countries in this coalition], other na- Latvia, Lithuania, Macedonia, Roma- and expresses its thanks. tions, and key international organiza- nia, Slovakia, and Slovenia. In a dec- I welcome the opportunity to intro- tions in the reconstruction and civil laration of February 5, 2003, the For- duce this resolution of gratitude to our administration of Iraq after the con- eign Minister stated in part: ‘‘the clear allies around the world who are sup- flict.’’ and present danger posed by Saddam porting our efforts in Iraq in so many When this war ends—hopefully, that Hussein’s regime requires a united re- important ways. I am hopeful this reso- will be soon—we will face a tremendous sponse from the community of democ- lution will receive the unanimous sup- responsibility and an equally impor- racies. We call upon the United Nations port of the Senate, to ensure a strong tant opportunity in terms of Iraq’s fu- Security Council to take the necessary expression of appreciation and com- ture. Even as our thoughts and prayers and appropriate action in response to mendation of the important contribu- are with our President, our troops, and Iraq’s continuing threat to inter- tions by members of the international our allies, we need to think about and national peace and security.’’ community who are making the ‘‘Coa- act on that future now. This is not the first time the Senate lition to Disarm Iraq’’ a success. Why is this so important? I believe it has commended the important con- I yield the floor. is important because it is profoundly tributions made by the leaders and The PRESIDING OFFICER. The Sen- against the interests of the United Foreign Ministers of these countries, ator from Delaware. States to be left the sole responsibility but at a time when some question Mr. BIDEN. Mr. President, I rise to for Iraq. As my friend, and the friends international support in Iraq, we join my colleague, the chairman of the of many here, Tom Friedman, has put thought it important to revisit their committee, in support of S. Con. Res. it: We may have to rent this country statements of support and reiterate our 30, which commends and expresses the for a time; but it is not our desire to gratitude. gratitude of the United States to the own it. In addition to these statements of other nations participating with us in There are three reasons for that: support, our resolution identifies addi- the Coalition to Disarm Iraq. The First, it will cost tens of billions of tional nations that have expressed American people and this Congress dollars and take years to rebuild an their support for coalition action in stand with our Commander in Chief Iraq that is secure, whole, free, and Iraq. Nations around the world are pro- and behind our men and women in uni- governed by its own people. We should viding important diplomatic and stra- form. It is their responsibility, and the not bear that burden or responsibility tegic support in a number of ways, in- Commander in Chief’s, to prosecute alone. cluding expressions of political sup- this war in Iraq, but it is our responsi- Second, an indefinite American mili- port, overflights and basing authoriza- bility to give them the support they tary occupation of Iraq would fuel re- tion, intelligence-sharing, and other need and deserve. sentment throughout the Middle East, important strategies contributions. There may be difficult days ahead, bolster al-Qaida’s recruitment, and This list includes long-standing U.S. but I am confident of the extraordinary make Americans a target for mal- allies and relatively new partners in skill and ultimate success of our en- contents everywhere. We need to make the war on terrorism: large nations deavor. As we gather here today, the the peace in Iraq the world’s responsi- with strong militaries and small na- sons and daughters of four countries— bility, not just our own. tions who share our view of the inher- the United Kingdom, Australia, Po- Third, failure to engage the U.N. and ent threat posed by Iraq’s weapons of land, and Denmark—are fighting along- as many countries as possible in post- mass destruction. In addition to the side our troops. Our purpose today is to Saddam Iraq would miss an oppor- nations mentioned, international sup- thank them from the bottom of our tunity to repair the damage that has port grows each day. In an effort to ac- hearts for the courage they are dem- been done to the U.N., to our alliances, knowledge the contributions of each, I onstrating. It is to tell their families and international cooperation—all of will list those nations who have made and loved ones of our gratitude for which we will need to win the war their contributions public to date: Af- their sacrifice and to express to their against terrorism, to contend with ghanistan, Angola, Australia, leaders our profound admiration for North Korea and Iran’s nuclear pro- Azerbajian, Colombia, Costa Rica, Do- their determination to join other na- grams, to slow the spread of weapons of minican Republic, El Salvador, Eri- tions, including ours, in a common and mass destruction, to deal with out- trea, Ethiopia, Georgia, Honduras, Ice- just cause. breaks of disease, and to contend with land, Japan, Kuwait, Macedonia, Mar- Several dozen nations are supporting so many other threats that have no re- shall Islands, Micronesia, Mongolia, this coalition in other ways—politi- spect for borders. The Netherlands, Nicaragua, Palau, cally, diplomatically, and strategi- I hope the administration will spare Panama, The Philippines, Rwanda, cally. They, too, have our deep appre- no effort in securing the sanction of Singapore, Solomon Islands, South ciation. The Senator from Indiana has the United Nations for everything that Korea, Tonga, Turkey, Uganda, read the names of those nations. will have to be done to keep the peace Ukraine, and Uzbekistan. Let me say a word to the leaders and in Iraq after the war, to provide hu- More specifically, our resolution ex- the people from friendly countries and manitarian aid, to rebuild the country, presses our Nation’s sincere gratitude allies who do not support our effort to and to help put Iraq back into the to Australia, Denmark, Poland, and disarm Saddam Hussein’s regime. This hands of its own people.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.029 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4485 By gaining the U.N.’s approval, we the fact is, we have to find a place be- have to be the ones to make each of would help political leaders around the tween that efficiency and the need for those decisions. world whose people oppose the war jus- legitimacy. Again, the handoff in the transition tify their participation—including fi- In the immediate weeks after the will be difficult, but as long as we move nancial participation—in building the war, our military will have to be in toward involving the international peace. It has not been lost on any of charge of the country, and long term, community without yielding any of our our colleagues in the last several days we will have to be in charge of the se- security interests, that is the way to of debate, nor upon our fellow Ameri- curity side of the equation in the coun- go. cans; it is dawning on them that in the try. Longer term, our goal—working How would they deal, for example, as last gulf war, we paid between 17 and 20 with our allies and the international I said, with the Kurds, the Turkmen, percent of the cost of the war. For this community—must be to put Iraq back and Arabs literally fighting over the gulf war, we are lucky to pay the total- in the hands of the Iraqi people, and oil-rich city of Kirkuk, trying to claim ity of the bill—if not 100 percent, very this, again, in order for it to have legit- that city? How will they contend with close to it. The meter is just beginning imacy and, in my view, the prospect of uncooperative ethnic leaders bent on to run. The chairman of the committee succeeding, will have to be viewed by revenge instead of reconciliation? and I have held hearings over the last the region and the rest of the world as We are the ones who will have to pro- 10 months on this issue. We don’t have having been and gotten the imprimatur vide the military muscle for the coali- any firm number, but we have esti- of the international community. The tion to interface between those groups, mates that it is going to cost—after we last thing we need to do is look as but we should have the rest of the world in on the deal and the responsi- win—anywhere from $19 billion a year though we are putting in a puppet gov- bility. Instead, someone must be given to numbers well in excess of that. It is ernment—which is not our intention— the authority to resolve the incredibly in our interest—our direct interest— in Baghdad in order to serve our pur- complicated problems that will arise, that other nations participate in mak- poses. There will be no legitimacy, and and we should look to those experi- ing Iraq secure. it will commit us much longer and in a By gaining U.N. approval, as I said, more costly way. ences, as I said, in the Balkans, some of we would help the political leaders During this critical interim period, it good, some of it not so good, and around the world who know that is in we must achieve a very difficult bal- draw from that experience. We should empower an international their interest as well—whose people op- ance. On the one hand, we have to civil servant to be the country’s high pose the war—to justify their partici- avoid prolonging American military commissioner or representative at occupation, and, of course, for as long pation, including financial participa- some point as this transition goes for- as our troops are there, security must tion. And we would demonstrate a U.S. ward. He or she should be backed up by be their responsibility—U.S. responsi- commitment to rebuild ties to the an international civilian administra- bility, not the responsibility of the U.N., which will be important in our tion that empowers Iraqis, by a cred- U.N. or any other organization. We also long-term security. ible international security force with I personally think Kosovo provides a had a bite out of that apple in the Bal- American forces at its core, American powerful precedent for such a course of kans, in Bosnia. It did not work. It was forces in the lead. action. In Kosovo, we chose not to pur- a mistake. We corrected that mistake God willing, this war will continue to sue a use of force resolution at the U.N. in Kosovo. But it should not be their go well. Casualties on all sides, God that we knew Russia would veto. I was role long term to administer Iraq or to willing, will be few, and, God willing, a in this Chamber urging that we bypass choose its future leaders. victory will be sooner than later. And the U.N. and go directly to a coalition We don’t want the American military working with the international com- of the willing—in this case, the EU and having to make political decisions day munity, God willing, we will put Iraq NATO—to gain support for what many in and day out and being blamed for on the path to a democratic society. of us here strongly believed was in the every grievance. That would fuel re- Even if we succeed in these difficult interest of the United States, the inter- sentment and turn us from liberators endeavors, we should not expect Iraq’s est of Europe, and in the humanitarian into occupiers. We do not want the promise that will come from this new interests of hundreds of thousands of American military putting in place a government to automatically trigger people. We moved. new Iraqi government, in my view. It progress throughout the region. Indeed, But even before the first bombs fell, would be seen as a puppet and, I be- we will not truly win the peace unless we worked closely with the Security lieve, with no legitimacy. we adopt and pursue a broader strategy Council on an agreement to put the On the other hand, we must not leave for the Middle East. I believe the Presi- U.N. and other countries front and cen- too quickly or hand over power to the dent has recognized that by under- ter in Kosovo for humanitarian aid and Iraqis who lack the ability, the author- scoring and endorsing the road map be- civil authority once the peace was ity, and the institutions to govern tween the Israelis and the Palestinians. made. As a result, we did not have to their country—and risk Iraq coming Now we must follow through and show build the peace alone. Our motives apart at the seams. a consistent commitment to its imple- were not questioned alone, and we did Again, this is a different cir- mentation. not bear the costs alone. Evidence the cumstance in Iraq than it was in Bos- Finding a solution to this problem fact that we were carrying roughly 15 nia and in Kosovo, but we had a piece would exponentially increase our abil- percent of the freight, 15 percent of the of that in both those countries. ity to promote and support democracy personnel, after Milosevic was de- This is a difficult balance. I am not and democratic reform throughout the feated. suggesting any absolute formula, but I region. We must do that for the sake of I know there is tension between am suggesting that, to the degree the its people and for the safety of our those who see the efficiency of an American military commander is seen own. For when there are no democratic American military occupation and to be handpicking and/or putting in outlets, dissent moves underground, it those who seek the legitimacy of a place a new Iraqi regime, a new Iraqi turns into resentment, and it is venti- U.N.-led effort. government, it will diminish its legit- lated by extremism and even terrorism. I have made close to a dozen trips, imacy. To the degree to which an So we must make it clear to our during and after the war in Bosnia and American sergeant, lieutenant, or cap- friends in that region that their future Kosovo, to the Balkans. I can tell you, tain has to stand someplace in Kirkuk and their future with us requires—re- there is no U.N. organization, there is and tell a returning Kurd, who was ex- quires—a move toward democratiza- no multilateral organization, there is pelled through ethnic cleansing 15 tion. no organization in the world that can years ago, whether he can go into his If we listen to the voices of Arabs deliver with the speed and efficiency home and expel the Arab Sunni living themselves, if we heed the wisdom of whatever is needed that equals that of there, that is a problem for us. I do not the U.N.’s Arab development report the U.S. military; it doesn’t exist— want some American GI having to that ties progress to empowering whether it is building a road, digging a make that decision, although they are women, reforming economies, and ex- well, or securing a neighborhood. But qualified to make it. They should not panding political participation, we can

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.045 S27PT1 S4486 CONGRESSIONAL RECORD — SENATE March 27, 2003 and will help infuse a sense of hope in as we think of the postwar situation. out various organizations have been a region that lacks hope. That is a very important set of situa- addressing this issue, our own govern- Mr. President, by refusing to disarm, tions, as a matter of fact. ment has been addressing the issue be- a defiant Saddam has made the fateful I appreciate the good counsel of my cause it will be soon upon us, but the choice between war and peace. This is colleague from Delaware when he talks necessity of staying the course is abso- not an exercise of a doctrine of preemp- not only about the inclusiveness and lutely imperative not only with regard tion. This is an exercise of enforcing a the need for participation along with to our credibility as a nation and the peace agreement. This is an enforce- us to share both the opportunities and welfare of the people in this country ment action, enforcing an agreement a the burdens but, likewise, the fact this and the people of Iraq and others who defeated president made in the early will not happen by chance; this is going are with us, but with regard to the sur- nineties to the whole world at the to require active American diplomacy. rounding neighborhood and everybody United Nations saying: If you let me I commend the President, the Sec- who may be impacted by the military remain in power, I commit to keep the retary of State, the Secretary of De- action presently. following conditions to this peace fense, Dr. Rice, and others who have The great fear of many nations, ei- agreement. That is what this was. been visibly active in this role. But ther expressed or unexpressed, is that If this had been 1919, we would have this is a role in which we can assist as without extraordinary leadership and been in Versailles having to sign an a body in commending the nations statesmanship, there will be chaos in agreement. It was 1991, and it was at a today and through all of the contacts Iraq in the postwar situation. There time when the United Nations was any of us may have with these nations are many historical reasons for that available to us. to indicate ways in which they can be which most of us have reviewed in the He made this choice. He made the helpful and reasons they should be course of discussing Iraq. choice between war and peace. Let us helpful. The whole origin of current Iraq, the make sure that in winning the war, we The distinguished Senator from Dela- repression of the Kurds which did keep also win the peace. ware, as chairman of the Foreign Rela- the peace, albeit in a very cruel and I yield the floor and suggest the ab- tions Committee last year, commenced harmful way to the people who were in- sence of a quorum. hearings which he has cited today on volved in the country, and frequently The PRESIDING OFFICER. The the post-war Iraq situation. We could with enormous loss of life to the neigh- clerk will call the roll. not have predicted last summer or last bors, as Iraq and the Saddam regime The legislative clerk proceeded to fall precisely in the circumstances, but invaded other countries, used weapons call the roll. at some point it was apparent to many of mass destruction to kill hundreds of Mr. LUGAR. Mr. President, I ask of us that it would be important for thousands of people outside of Iraq, unanimous consent that the order for those weapons of mass destruction to quite apart from those he repressed the quorum call be rescinded. be found and to be destroyed. Our pray- within the country. This is the history The PRESIDING OFFICER. Without er then was that the coalition of na- of a situation that is not on the face of objection, it is so ordered. tions in the United Nations, working itself correcting, or that of a unified Mr. LUGAR. Mr. President, I ask through the Security Council or other spirit, or with lots of basis for demo- unanimous consent that Senator groups, might, in fact, be persuasive; cratic institutions and the ways in MCCAIN be added as a cosponsor to this that declarations of the weapons would which people might find their way legislation. be made and that international au- automatically. The PRESIDING OFFICER. Without thorities that could work with us in I commend the Senator from Dela- objection, it is so ordered. verifying their destruction. We are still ware for pointing out that it is not our Mr. LUGAR. Mr. President, how in that quest. The large coalition we purpose—and we point that out in what much time remains on our side? have talked about today is determined, we are saying today—to be governors The PRESIDING OFFICER. The in fact, to find the weapons and to de- of Iraq. The whole idea is Iraq for the chairman has 231⁄2 minutes remaining, stroy them, to rid the world of the Iraqis, for people who come forward to and the ranking member has 121⁄2 min- problems of proliferation that could take leadership swiftly and surely, but utes remaining. endanger any of the nations we are cit- with the right instincts with regard to Mr. LUGAR. I thank the Chair. ing today, and others who have not human rights, freedom of expression, Mr. President, as the distinguished chosen to join with us as yet. and a respect for other nations around Senator from Delaware has pointed Our resolution is not one of censure them, and with all of the pursuits that out, the resolution addresses very spe- or condemnation. We are not about the we think are important to express up cifically the future, and I cite language job of finger-pointing and asking why front. This is one of the basic reasons from the resolution we are considering. or why not. We are affirmative. We are nations have joined with us, and we Clause 5 says: saying affirmatively, these nations commend them as they commend us. (5) welcomes and encourages the active in- have taken a stand, and we hope they This is a coalition of the willing with volvement and participation of these coun- will take a larger stand because there regard to disarmament, but it is a coa- tries— will be much work to do. We hope there lition of countries that are striving to- And those are the countries we have will be more joining with us in an in- ward some common ideals as to how listed in the resolution— clusive move. people should live and how they should other nations, and key international organi- As the Senator from Delaware has treat each other. zations in the reconstruction and adminis- spoken, and I concur with him, we We have a very large job, and I make tration of Iraq after the current conflict in would include in that, as our resolution that point now because some have Iraq; does, international organizations, our charged that the future has been That is an important clause. This is a NATO allies, the United Nations, oth- muted, that there is an impression that resolution of commendation, of affir- ers who are very important for the fu- somehow or another the war will hap- mation. This is our expression, as the ture of the world in many sectors quite pen, hopefully will be over swiftly and U.S. Senate, of thanks, and we are very apart from the one we are discussing surely, the disarmament will occur, specific about the nature of contribu- today. and some Americans, quite apart from tions many nations have made, and Having said that, it is important that the coalition of the willing we have their leaders specifically. we all understand that we are going to listed, may have the impression that It is our intent to be inclusive delib- have to stay the course with regard to we are going to leave. In fact, many erately and to indicate that we wel- operations in Iraq, both with regard to Americans, unless we have an up front come the very broadest participation the military situation, the disar- debate, may very well favor that posi- in the work to disarm Iraq of weapons mament situation, and the reconstruc- tion and say this is a dangerous part of of mass destruction. tion situation. That will not be easy. the world. Having said that, we also welcome The expense of that, regardless of the Granted, the Iraqis have lots of prob- their thoughts, their contributions, estimates—and many learned people lems. We are all for them working it their revenues, their physical support throughout this country and through- out and doing the best they can. This is

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.048 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4487 likely to lead to the chaos that is gen- side, I invited the mayors of all the has trained almost all his life to take erally feared. countries of the world to come to my on these responsibilities. Nations, not altogether cynically, ad- city of Indianapolis in 1971, and he He is too modest to talk about it, but vocated the continuation of the cur- came. we often reminisce about our some- rent regime because they said it would He gave a great speech about inter- what modest participation in the U.S. create stability. Some nations were national relations, what NATO could Navy many years ago when he was the prepared to accept tyranny because at do. He gave it at a time that he was on foreign policy adviser to one of the least it brings stability. There are not the threshold, as it turned out, of going more distinguished chiefs of naval op- going to be changes of boundaries, into a diplomacy as our Ambassador to erations in contemporary naval his- changes of government, people coming India and then to the United Nations. tory. At a very young age he began to and going with strange doctrines. Or, I remember visiting with him when assume the mantle of responsibilities from our standpoint, having watched a he was our Ambassador. It was a year of foreign affairs. We are fortunate to failed state in Afghanistan prior to the in which both of us were considering have him at the helm, together with time that al-Qaida was utilizing camps, candidacies for the Senate, which, in his distinguished colleague, the Sen- utilizing organization and finance, fact, occurred in the year of 1976, suc- ator from Delaware, Mr. BIDEN, who using that failed state as an incubator, cessfully, for both of us. We came to likewise has spent much of his life in attacked America, Iraq is a much larg- this body together and served for 24 the field of foreign affairs. These two er country. A failed state there is con- years. fine leaders bring to this Chamber this ceivably an incubator for even more Throughout that period of time, his important piece of legislation which harm, whether it be al-Qaida or any counsel, I am sure if he were on the has my strong support. number of other groups, some national, floor today speaking on some issue, But, as it relates to this coalition, some unknown to us, who find suste- would have been to be inclusive, to be our thoughts and our hearts and our nance, who find the possibility for pro- hardheaded, to understand the facts, to minds go out to the families who have liferation of dangerous weapons and understand the history, the traditions, lost their soldier, sailor, airman, ma- perhaps in due course weapons of mass the difficulties, sometimes the cyni- rine in this conflict, and those who destruction. cism and the remorse, but also the tri- have suffered the brunt of battle and To allow chaos to occur would be a umphs that can come with successful now bear the scars of conflict. monumental foreign policy and secu- diplomacy and successful international We owe a great debt to these men and rity policy failure by the United relations. Those were missions he un- women who so proudly wear the uni- States. That is why we need to be for- dertook gladly on behalf of our country form of our country, and who are will- ward looking, affirmative, inclusive, and finally in service with the Senate. ing to take the risks. I mentioned ear- signing up more partners, commending I mention that spirit today because I lier today, if you look at the 290 mil- those who come as they come. think it is appropriate. This is an im- lion citizens privileged to live in this I have heard some say, the contribu- portant resolution. I appreciate the de- great Nation, the United States of tions of some of the countries that are cision of the leadership to take it up America, less than one-half of 1 percent listed in our resolution are very mod- now before this weekend, before any are currently wearing the uniform and est. In some cases, they have barely more time passes, even this sense of ap- assuming the risks as their forebears said: We are for you. We think you are preciation and mission and what is to did, over the 200-plus years of this on the right track. We want to identify follow, it seems to me, is critically im- great Republic. Indeed, we owe them a with the United States. portant for all Americans, both to un- tremendous, great, gratitude. They say: Where is the beef? Where derstand and then to participate in the This unified support is one that our are troops? Where is money? Where are debate which we surely will have. President, a distinguished Commander supplies? Those are legitimate ques- I ask unanimous consent Senator in Chief throughout this conflict, has tions. I would simply respond for each HAGEL be added as a cosponsor to this worked so hard to put together. This of the nations that we list today. They resolution. resolution recognizes in many ways the have made a declaration that could be The PRESIDING OFFICER. Without efforts of our President and the Sec- fateful with regard to those who have objection, it is so ordered. retary of State, to some extent the authority in those countries. The lead- Mr. LUGAR. I yield the floor and Secretary of Defense, and others to put ers of those countries must answer to suggest the absence of a quorum. it together. their parliaments, to their people, to The PRESIDING OFFICER. The The coalition is currently engaged in others in the press and those who play clerk will call the roll. very hard and dangerous work, to some role in public opinion. This was The legislative clerk proceeded to eliminate the weapons of mass destruc- not a casual association or declaration. call the roll. tion from the hands of a proven despot, Nor will it be after the war is over, and Mr. LUGAR. I ask unanimous con- and to give a measure of freedom and the responsibility for Iraq comes front sent that the order for the quorum call democracy to the long-suffering people and center for all of us. be rescinded. of Iraq. Some 47 nations have publicly By ‘‘all of us,’’ I mean the countries The PRESIDING OFFICER. Without declared support. I do not doubt there we now have gathered together in the objection, it is so ordered. are others in the silence of their coun- commendation and those, prayerfully, Mr. LUGAR. I yield such time to the cils that are likewise very sympathetic that will join us. That, hopefully, at Senator from Virginia as he desires. and are constructively engaged in this some point will include all the nations Mr. WARNER. I thank my distin- effort. Each member of the coalition of the United Nations and of NATO. It guished colleague and longtime friend. that we cite here today has dem- will include those that may not be with This is a very important step that the onstrated they will face the threat and us as of this moment. Chamber is about to undertake with take the risk as relates to their indi- I will take at least a minute of this this vote. I anticipate it will be a vote vidual contributions. Certainly, the debate to commend our colleague, Dan- of resounding support for this initia- forces of Great Britain, again under the iel Patrick Moynihan, simply because tive and this resolution. It sends a sig- courageous leadership of Prime Min- he was a person, in my own experience nal far beyond the shores of our Na- ister Tony Blair, together with the as a young person, as mayor of Indian- tion. Australians, Danish commandos, the apolis going with him to Brussels when I also wish to say a word about the Czech and Slovak units, and countless he was a counselor to President Nixon distinguished chairman of the Foreign others are providing the forces nec- and representing this country in a Relations Committee. We have served essary to bring about the goals I have group called the Challenges for a Mod- in this Chamber together, for me a just mentioned. ern Society, as we talked about the quarter of a century, for 25 years. I Every contribution, no matter how problems of urbanization in our NATO have known committee chairmen on large or small, has its value. Not only countries, the problems of the environ- both sides of the aisle and we take its value, but it is part of the overall ment, the problems of jobs for people. great pride, the entire Senate, in this matrix to enable the accomplishment With Daniel Patrick Moynihan at my magnificently trained individual. He of these goals. Even though small in

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.050 S27PT1 S4488 CONGRESSIONAL RECORD — SENATE March 27, 2003 proportion, that small participation is The PRESIDING OFFICER. The Sen- I am pleased to see so many Ameri- essential to the overall success. ator from Delaware. cans and communities coming to- I hope this coalition will grow in Mr. BIDEN. How much time remains? gether, in support of our troops. Here numbers in due course, because the im- The PRESIDING OFFICER. The Sen- in our nation’s capitol, we think about portance is vital to a better under- ator from Delaware has 51⁄2 minutes re- our troops everyday. We know how standing, not only here at home but maining. hard they all are fighting for our free- across the world, as to the noble goals Mr. BYRD. Mr. President, last week, doms and for the freedoms of the Iraqi this coalition has undertaken. the Senate passed a resolution, by people. We thank them for what they I thank my colleagues who are man- unanimous vote, that expressed the are doing and want them to know our aging this bill. I yield the floor. sense of the Senate in commending our thoughts and prayers are with them I suggest the absence of a quorum. troops who are now fighting the war and their families. The PRESIDING OFFICER. The against Iraq. At that time, I expressed My colleagues in Congress and I have clerk will call the roll. my reservations about extraneous the opportunity to lighten the burden The legislative clerk proceeded to clauses in the resolution that implied service members often encounter while call the roll. that Congress acted properly in author- deployed, or upon their return home, Mr. FRIST. Mr. President, I ask izing the President to begin this war. with The Armed Forces Tax Fairness unanimous consent the order for the Soon the Senate will vote on a reso- Act of 2003. This act would allow the quorum call be rescinded. lution to commend those nations that American men and women serving our The PRESIDING OFFICER. Without are in support of U.S.-led efforts to dis- country at home and abroad a small, objection, it is so ordered. arm Saddam Hussein and end his re- well-deserved thank you in the form of Mr. FRIST. Mr. President, I will gime. Now that war has begun, the tax benefits and relief. speak using leader time. United States needs to act with the This reward for those who defend our The PRESIDING OFFICER. The lead- greatest amount of international sup- freedom would help to ensure that the er has that right. port. The countries that are supporting men and women who put themselves in Mr. FRIST. Mr. President, last our efforts deserve our gratitude, even harms way when America calls have Thursday the Senate paid tribute to though I believe more could have been peace of mind when it comes to things the military personnel and civilians of done to build a more robust coalition many take for granted, like filing tax the United States who are currently which would more equally share the returns or collecting travel reimburse- engaged in Operation Iraqi Freedom. burdens of war in Iraq. ment. The provisions of this act will Today, the Senate likewise pays trib- But this resolution, like its prede- save military families nearly $500 mil- ute to the member states of the ‘‘Coali- cessor, not only refers to the thanks lion in taxes over the next ten years. tion to Disarm Iraq’’ that are sup- that we wish to send to our friends and They deserve nothing less. Thousands of activated military, Na- porting or serving in operations allies. The resolution also contains tional Guard, Reservists, and their against Saddam Hussein’s regime. eight whereas clauses, some of which families in my home state of Montana S. Con. Res. 30 reflects our under- speak to United Nations Security will directly benefit from this act, and standing that to join with us in this en- Council Resolution 1441. After reading the benefit to members of our armed deavor places a political, military and these clauses, it seems to me that the services on a national scale is immeas- financial burden on our partners. But resolution, intentionally or not, im- urable. It is important that we con- shared by many, the burden is lighter. plies that the President of the United tinue to support our soldiers in any In particular, as we in the United States acted properly in initiating a way we can, recognizing the sacrifice States comfort our own who have suf- war against Iraq based upon the au- they make for the security of our great fered injury or the death of a family thority of Resolution 1441. I disagree Nation. member in this conflict, our prayers with that conclusion. We have the best fighting force in the are with those in other countries who The resolution contains two whereas world. I remain certain that our troops likewise have family members sepa- clauses that describe joint statements will succeed in their efforts to disarm rated from their loved ones and, in issued by several nations on January Saddam Hussein and free the Iraqi peo- some cases, who have borne the burden 30, 2003, and February 5, 2003. A reading ple. I am confident in our military and of the ultimate sacrifice. of these joint statements can be inter- know that this effort will be accom- Since the campaign to disarm Iraq preted to argue that Resolution 1441 plished as soon as possible so that all began several months ago, literally was a sufficient basis from which to our troops can safely return home to dozens of nations have provided diplo- launch a war on Iraq. I do not agree their families. matic, military, logistical, and stra- that the United Nations authorized the Mr. DASCHLE. Mr. President, today tegic support, to accomplish our shared use of force against Iraq. The U.N. Sec- the Senate is expressing its gratitude objective, the disarmament of Iraq. retary General seems to share my view to the nations of the world that sup- We are especially grateful to Aus- on this point. port the U.S. determination to remove tralia, Denmark and Poland, whose The Senate should give its thanks to Saddam Hussein from power and elimi- military forces have joined American those countries that give their support nate his regime’s weapons of mass de- and British forces on the battlefield to to our troops in the field. I hope that struction. I wholeheartedly endorse disarm and liberate Iraq. We have a the United States will work with these this resolution and the message it long friendship with the Australian, countries to address the long-term re- sends to the world about so many na- Danish and Polish people. Your govern- construction needs of Iraq. I hope that tions’ view of Saddam Hussein’s regime ments’ willingness to stand with us the administration will begin to repair and about the resolve and bravery of now will long be remembered. our ties with our other allies that did the men and women who have stepped Finally, I salute the political courage not share our view of the need to use in harm’s way to remove the threat he and vision of leaders such as Prime force in Iraq. But I do not believe that poses to international peace and basic Minister John Howard of Australia and it is proper to give a one-sided view of human decency. President Jose Maria Aznar of Spain. the diplomacy that brought us to this According to press reports, thousands In their conduct they give us the very point in the context of thanking our of additional United States troops have definition of leadership. friends. entered Iraq over the last day or so. At When the people of Iraq are free from f the same time, tens of thousands of the repressive dictatorship that they their comrades continue their relent- have lived under for decades, I have no S. CON. RES. 30 AND S. 351, THE less and courageous march to Baghdad, doubt that they will thank the coali- ARMED FORCES TAX FAIRNESS making all Americans proud as they tion states, and especially those who ACT battle extreme conditions and irreg- risked, and sacrificed, their lives to Mr. BURNS. Mr. President, I rise ular—even illegal—tactics by the help them attain the freedom to which today to join my colleagues in support enemy. Each day, our admiration of they are entitled. of S. Con. Res. 30 and S. 351, The Armed these troops and their performance I yield the floor. Forces Tax Fairness Act. grows.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.053 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4489 Unfortunately, as well as our troops end, this resolution calls on these and Sununu Thomas Warner have performed, much more fighting other countries as well as key inter- Talent Voinovich Wyden apparently lies ahead. Earlier this national organizations to support the NOT VOTING—3 week, Secretary Rumsfeld declared reconstruction and administration of a Kerry Lieberman Miller that we are closer to the beginning post-Saddam Iraq. The concurrent resolution (S. Con. than the end of this conflict. And press In closing, Mr. President, allow me to Res. 30) was agreed to. accounts indicate many in the military express my debt of gratitude to the The preamble was agreed to. believe the conditions in which they families of the troops carrying out this The resolution, with its preamble, will be fighting could get even more effort in the Persian Gulf. Yesterday reads as follows: difficult. afternoon, on this floor, Senator TIM S. CON. RES. 30 Administration reports suggest that JOHNSON, whose son Brooks is cur- Whereas on September 12, 2002, the Presi- the closer our troops get to Baghdad, rently serving in Iraq with the Third dent of the United States, appearing at the the greater the risk that Iraq will re- Brigade of the 101st Airborne, talked United Nations, called on that institution sort to chemical or biological weapons. about the intense emotions the fami- and its member states to meet their respon- sibility to disarm Iraq; Apparently, concern is growing within lies of our troops and our allies are Whereas on November 8, 2002, the United the administration that desperation going through. They never know National Security Council approved Security could cause Saddam’s sympathizers to whether the next bit of breaking news Council Resolution 1441 under chapter VII of resort to the use of poison gas to de- will include something about their sons the United Nations Charter by a vote of 15– fend their despicable leader and his re- or daughters, mothers or fathers. We 0, giving Iraq a final opportunity to comply pressive regime. owe profound gratitude to them as with its disarmament obligations; I recently received a demonstration Whereas on January 30, 2003, the Prime well. Ministers of Denmark, Hungary, Italy, Po- of what our troops must do to survive I yield the floor. land, Portugal, and the United Kingdom, and and continue to carry out their mission Mr. BIDEN. Mr. President, I am pre- the Presidents of the Czech Republic and the in an environment contaminated with pared to yield back the remainder of Spanish Government, issued a declaration toxic agents. While these briefers ex- our time on the resolution. regarding Security Council Resolution 1441, pressed confidence our soldiers in Iraq wherein they stated that ‘‘[t]he trans- Mr. President, I ask for the yeas and atlantic relationship must not become a cas- have both the necessary equipment and nays. training to deal with a chemical at- ualty of the current Iraqi regime’s persistent The PRESIDING OFFICER. Is there a tack, I pray the 250,000 American attempts to threaten world security . . . The sufficient second? Iraqi regime and its weapons of mass de- troops in the gulf—and the British, There appears to be a sufficient sec- struction represent a clear threat to world Australian, and Polish ground troops ond. security. This danger has been explicitly rec- fighting alongside them—will not have ognized by the United Nations. All of us are to make use of that training. But the The question is on adoption of the bound by Security Council Resolution 1441, very fact that our troops are equipped concurrent resolution. which was adopted unanimously.’’; and trained to deal with this possi- The clerk will call the roll. Whereas the January 30, 2003, declaration continued to state that ‘‘Resolution 1441 is bility demonstrates that the risk of a The bill clerk called the roll. Mr. REID. I announce that the Sen- Saddam Hussein’s last chance to disarm chemical attack is very real. using peaceful means. The opportunity to All the soldiers in the coalition as ator from Massachusetts (Mr. KERRY), avoid greater confrontation rests with him well as their governments deserve our the Senator from Connecticut (Mr. . . . Our governments have a common re- heartfelt appreciation for their willing- LIEBERMAN), and the Senator from sponsibility to face this threat . . . [T]he Se- ness for to join us in this important Georgia (Mr. MILLER) are necessarily curity Council must maintain its credibility cause. We owe them each an enormous absent. by ensuring full compliance with its resolu- debt of gratitude. I further announce that, if present tions. We cannot allow a dictator to system- and voting, the Senator from Massa- atically violate those resolutions. If they are Senators LUGAR and BIDEN were right not complied with, the Security Council will to want to thank those countries who chusetts (Mr. KERRY) would vote lose its credibility and world peace will suf- through their words or deeds have ex- ‘‘Aye’’. fer as a result.’’; pressed support for our effort in Iraq. The PRESIDING OFFICER (Mr. EN- Whereas on February 5, 2003, the Foreign As I have said on a number of occa- SIGN). Are there any other Senators in Ministers of Albania, Bulgaria, Croatia, Es- sions, international support of our ef- the Chamber desiring to vote? tonia, Latvia, Lithuania, Macedonia, Roma- fort in Iraq is critical to share the The result was announced—yeas 97, nia, Slovakia, and Slovenia issued a declara- costs and risks of both the fighting as tion regarding Security Council Resolution nays 0, as follows: 1441, stating that ‘‘the United States [has] well as the postwar reconstruction. [Rollcall Vote No. 109 Leg.] presented compelling evidence to the United According to information provided by YEAS—97 Nations Security Council detailing Iraq’s the administration, three other coun- weapons of mass destruction programs, its tries—Great Britain, Australia and Po- Akaka Dayton Lautenberg Alexander DeWine Leahy active efforts to deceive United Nations in- land—have contributed ground forces Allard Dodd Levin spectors, and its links to international ter- to fight alongside the U.S. troops in Allen Dole Lincoln rorism . . . The transatlantic community, of the region. While we are grateful for Baucus Domenici Lott which we are a part, must stand together to Bayh Dorgan the willingness of any country to stand Lugar face the threat posed by the nexus of ter- Bennett Durbin McCain rorism and dictators with weapons of mass with us, we are particularly grateful to Biden Edwards McConnell destruction.’’; Bingaman Ensign these three countries that have de- Mikulski Whereas the February 5, 2003, declaration Bond Enzi Murkowski ployed their young people to stand and Boxer Feingold continued to state that ‘‘it has now become fight with our troops. Breaux Feinstein Murray clear that Iraq is in material breach of While it may be too late for other Brownback Fitzgerald Nelson (FL) United Nations Security Council resolutions, countries to provide ground forces to Bunning Frist Nelson (NE) including United Nations Resolution 1441 Burns Graham (FL) Nickles . . . The clear and present danger posed by assist us in the fighting, it is not too Pryor Byrd Graham (SC) Saddam Hussein’s regime requires a united late for many others to back their Reed Campbell Grassley response from the community of democ- Cantwell Gregg Reid words up with tangible help for what racies. We call upon the United Nations Se- comes after the fighting ends. Adminis- Carper Hagel Roberts Chafee Harkin Rockefeller curity Council to take the necessary and ap- tration officials indicate they are Chambliss Hatch Santorum propriate action in response to Iraq’s con- pressing to develop additional support Clinton Hollings Sarbanes tinuing threat to international peace and se- as this conflict unfolds. That is the Cochran Hutchison Schumer curity.’’; Coleman Inhofe Sessions Whereas many of the supporters of the right thing to do, and I strongly en- Collins Inouye courage and support those efforts. Shelby January 30, 2003, and February 5, 2003, dec- Conrad Jeffords Smith larations have provided important support to Cornyn We will want the concrete assistance Johnson Snowe Corzine Kennedy the United States in addition to their polit- of our friends and allies as the military Specter Craig Kohl ical declarations; and Stabenow effort continues and as we prepare for Crapo Kyl Whereas in addition to the supporters of rebuilding a post-Saddam Iraq. To that Daschle Landrieu Stevens the January 30, 2003, and February 5, 2003,

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.040 S27PT1 S4490 CONGRESSIONAL RECORD — SENATE March 27, 2003 declarations, important diplomatic and stra- Mr. GRASSLEY. Mr. President, we Clinton Grassley Nelson (FL) tegic support to the United States-led Coali- all have an opportunity today to show Cochran Gregg Nelson (NE) Coleman Hagel Nickles tion to Disarm Iraq have been provided by support for our men and women in uni- such nations as Afghanistan, Angola, Aus- Collins Harkin Pryor form in faraway places such as Iraq. Conrad Hatch Reed tralia, Azerbaijan, Colombia, Costa Rica, the Cornyn Hollings Dominican Republic, El Salvador, Eritrea, The bill before us is the Armed Serv- Reid Corzine Hutchison Roberts Ethiopia, Georgia, Honduras, Iceland, Japan, ices Tax Fairness Act. It is a bipartisan Craig Inhofe Rockefeller Crapo Inouye Kuwait, Macedonia, the Marshall Islands, product. The bill represents the Sen- Santorum Daschle Jeffords Micronesia, Mongolia, the Netherlands, ate’s position pretty much as it was Sarbanes Dayton Johnson Nicaragua, Palau, Panama, the Philippines, last year when this bill was brought up Schumer Rwanda, Singapore, the Solomon Islands, DeWine Kennedy in the Senate. The revenue loss of the Dodd Kohl Sessions South Korea, Tonga, Turkey, Uganda, military tax relief package is offset Dole Kyl Shelby Ukraine and Uzbekistan: Now, therefore, be Smith with a crackdown on tax-motivated ex- Domenici Landrieu it Dorgan Lautenberg Snowe Resolved by the Senate (the House of Rep- patriates. I ask my colleagues to please Durbin Leahy Specter resentatives concurring), That Congress— show their support for our troops and Edwards Levin Stabenow (1) commends and expresses the gratitude support the Armed Forces Tax Fairness Ensign Lincoln Stevens of the United States to the nations partici- Act. Enzi Lott Sununu pating in and contributing to the Coalition Feingold Lugar Talent to Disarm Iraq, including— I yield the floor. Feinstein McCain Thomas (A) the supporters of the January 30, 2003, The PRESIDING OFFICER. Who Fitzgerald McConnell Voinovich declaration issued by the Prime Ministers of yields time? Frist Mikulski Warner Graham (FL) Murkowski Wyden Denmark, Hungary, Italy, Poland, Portugal, The Senator from Montana. Graham (SC) Murray and the United Kingdom, and the Presidents Mr. BAUCUS. Mr. President, this is a NOT VOTING—3 of the Czech Republic and the Spanish Gov- time to honor our men and women ernment; Kerry Lieberman Miller (B) the supporters of the February 5, 2003, fighting for us overseas. I am here hon- declaration issued by the Foreign Ministers oring PFC Stryder Stoutenburg from The bill (H.R. 1307), as amended, was of Albania, Bulgaria, Croatia, Estonia, Lat- Missoula, MT, who died in the current passed, as follows: via, Lithuania, Macedonia, Romania, Slo- conflict. Each of my colleagues knows Resolved, That the bill from the House of vakia, and Slovenia; and personnel who have died in Iraq. We Representatives (H.R. 1307) entitled ‘‘An Act (C) other allies of the United States who honor them. We grieve for their fami- to amend the Internal Revenue Code of 1986 are participating in or contributing to the to provide a special rule for members of the Coalition; lies. We are working hard to give the best benefits we can for them. uniformed services in determining the exclu- (2) expresses sincere gratitude to Aus- sion of gain from the sale of a principal resi- tralia, Denmark, Poland, and the United This bill is not going to heal wounds. dence and to restore the tax exempt status of Kingdom, whose military forces have joined It is not going to bring people back. It death gratuity payments to members of the United States Armed Forces to disarm and is not going to bring our loved ones uniformed services, and for other purposes.’’, liberate Iraq; (3) expresses sincere gratitude to the Prime back home right away. It is a small do pass with the following amendment: Strike out all after the enacting clause and Minister of the United Kingdom, Tony Blair, token of something we can do in honor insert: the Prime Minister of Australia, John How- of the men and women, mothers and fa- ard, and the President of the Spanish Gov- thers, brothers and sisters who are SECTION 1. SHORT TITLE; ETC. ernment, Jose Maria Aznar, for their coura- fighting for America. (a) SHORT TITLE.—This Act may be cited as geous support and strong commitment to the I strongly urge us to give a resound- the ‘‘Armed Forces Tax Fairness Act of 2003’’. (b) AMENDMENT OF 1986 CODE.—Except as oth- Coalition to Disarm Iraq; ing vote in favor of the men and (4) expresses sincere gratitude to other al- erwise expressly provided, whenever in this Act lied nations, including nations in the Persian women, this small token, to help them. an amendment or repeal is expressed in terms of Gulf region, for their military support, It shows we care. I urge a very strong an amendment to, or repeal of, a section or logistical support, and other assistance in vote. other provision, the reference shall be consid- the current campaign against the regime of Mr. GRASSLEY. Mr. President, I ask ered to be made to a section or other provision Saddam Hussein in Iraq; for the yeas and nays. of the Internal Revenue Code of 1986. (c) TABLE OF CONTENTS.—The table of con- (5) welcomes and encourages the active in- The PRESIDING OFFICER. Is there a volvement and participation of these coun- tents for this Act is as follows: sufficient second? tries, other nations, and key international Sec. 1. Short title; etc. There appears to be a sufficient sec- organizations in the reconstruction and ad- TITLE I—IMPROVING TAX EQUITY FOR ministration of Iraq after the current con- ond. MILITARY PERSONNEL flict in Iraq; and The bill having been read the third (6) commends and expresses the gratitude Sec. 101. Exclusion of gain from sale of a prin- time, the question is, Shall the bill, as cipal residence by a member of the of the United States to the military per- amended, pass? The clerk will call the sonnel and civilians of the member states of uniformed services or the Foreign the Coalition to Disarm Iraq who are serving roll. Service. in operations against the regime of Saddam The legislative clerk called the roll. Sec. 102. Exclusion from gross income of certain Hussein in Iraq, and to the family members Mr. REID. I announce that the Sen- death gratuity payments. of such personnel and civilians who have ator from Massachusetts (Mr. KERRY), Sec. 103. Exclusion for amounts received under borne the burden of sacrifice and separation the Senator from Connecticut (Mr. Department of Defense Home- owners Assistance Program. from their loved ones during the current con- LIEBERMAN), and the Senator from flict in Iraq. Sec. 104. Expansion of combat zone filing rules Georgia (Mr. MILLER), are necessarily to contingency operations. Mr. LUGAR. Mr. President, I move to absent. Sec. 105. Modification of membership require- reconsider the vote. I further announce that, if present ment for exemption from tax for Mr. MCCONNELL. I move to lay that and voting, the Senator from Massa- certain veterans’ organizations. motion on the table. Sec. 106. Clarification of treatment of certain chusetts (Mr. KERRY) would vote The motion to lay on the table was dependent care assistance pro- ‘‘aye.’’ agreed to. grams. The PRESIDING OFFICER. Are there Mr. MCCONNELL. Mr. President, I Sec. 107. Clarification relating to exception ask unanimous consent that the subse- any other Senators in the Chamber de- from additional tax on certain quent vote be 10 minutes and, at the siring to vote? distributions from qualified tui- tion programs, etc. on account of end of the vote, Senator SCHUMER be The result was announced—yeas 97, nays 0, as follows: attendance at military academy. recognized. Sec. 108. Suspension of tax-exempt status of ter- The PRESIDING OFFICER. Without [Rollcall Vote No. 110 Leg.] rorist organizations. objection, it is so ordered. YEAS—97 Sec. 109. Above-the-line deduction for overnight f Akaka Biden Burns travel expenses of National Guard Alexander Bingaman Byrd and Reserve members. ARMED FORCES TAX FAIRNESS Allard Bond Campbell Sec. 110. Tax relief and assistance for families ACT OF 2003—Continued Allen Boxer Cantwell of Space Shuttle Columbia heroes. Baucus Breaux Carper The PRESIDING OFFICER. The Sen- Bayh Brownback Chafee TITLE II—OTHER PROVISIONS ator from Iowa is recognized. Bennett Bunning Chambliss Sec. 201. Extension of IRS user fees.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 6343 E:\CR\FM\A27MR6.031 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4491 Sec. 202. Partial payment of tax liability in in- not apply to any adjustment to the amount of SEC. 105. MODIFICATION OF MEMBERSHIP RE- stallment agreements. death gratuity payable under chapter 75 of title QUIREMENT FOR EXEMPTION FROM Sec. 203. Revision of tax rules on expatriation. 10, United States Code, which is pursuant to a TAX FOR CERTAIN VETERANS’ ORGA- provision of law enacted after September 9, NIZATIONS. TITLE I—IMPROVING TAX EQUITY FOR (a) IN GENERAL.—Subparagraph (B) of section 1986.’’. MILITARY PERSONNEL 501(c)(19) (relating to list of exempt organiza- (b) CONFORMING AMENDMENT.—Subparagraph SEC. 101. EXCLUSION OF GAIN FROM SALE OF A tions) is amended by striking ‘‘or widowers’’ (A) of section 134(b)(3) is amended by striking PRINCIPAL RESIDENCE BY A MEM- and inserting ‘‘, widowers, ancestors, or lineal ‘‘subparagraph (B)’’ and inserting ‘‘subpara- BER OF THE UNIFORMED SERVICES descendants’’. graphs (B) and (C)’’. OR THE FOREIGN SERVICE. (b) EFFECTIVE DATE.—The amendments made (c) EFFECTIVE DATE.—The amendments made (a) IN GENERAL.—Subsection (d) of section 121 by this section shall apply to taxable years be- by this section shall apply with respect to (relating to exclusion of gain from sale of prin- ginning after the date of the enactment of this deaths occurring after September 10, 2001. cipal residence) is amended by redesignating Act. paragraph (9) as paragraph (10) and by insert- SEC. 103. EXCLUSION FOR AMOUNTS RECEIVED SEC. 106. CLARIFICATION OF THE TREATMENT OF ing after paragraph (8) the following new para- UNDER DEPARTMENT OF DEFENSE CERTAIN DEPENDENT CARE ASSIST- graph: HOMEOWNERS ASSISTANCE PRO- ANCE PROGRAMS. GRAM. ‘‘(9) MEMBERS OF UNIFORMED SERVICES AND (a) IN GENERAL.—Section 134(b) (defining FOREIGN SERVICE.— (a) IN GENERAL.—Section 132(a) (relating to qualified military benefit) is amended by adding ‘‘(A) IN GENERAL.—At the election of an indi- the exclusion from gross income of certain fringe at the end the following new paragraph: vidual with respect to a property, the running benefits) is amended by striking ‘‘or’’ at the end ‘‘(4) CLARIFICATION OF CERTAIN BENEFITS.— of the 5-year period described in subsections (a) of paragraph (6), by striking the period at the For purposes of paragraph (1), such term in- and (c)(1)(B) and paragraph (7) of this sub- end of paragraph (7) and inserting ‘‘, or’’, and cludes any dependent care assistance program section with respect to such property shall be by adding at the end the following new para- (as in effect on the date of the enactment of this suspended during any period that such indi- graph: paragraph) for any individual described in vidual or such individual’s spouse is serving on ‘‘(8) qualified military base realignment and paragraph (1)(A).’’. qualified official extended duty as a member of closure fringe.’’. (b) CONFORMING AMENDMENTS.— the uniformed services or of the Foreign Service (b) QUALIFIED MILITARY BASE REALIGNMENT (1) Section 134(b)(3)(A), as amended by section of the United States. AND CLOSURE FRINGE.—Section 132 is amended 102, is amended by inserting ‘‘and paragraph ‘‘(B) MAXIMUM PERIOD OF SUSPENSION.—The by redesignating subsection (n) as subsection (o) (4)’’ after ‘‘subparagraphs (B) and (C)’’. 5-year period described in subsection (a) shall and by inserting after subsection (m) the fol- (2) Section 3121(a)(18) is amended by striking not be extended more than 10 years by reason of lowing new subsection: ‘‘or 129’’ and inserting ‘‘, 129, or 134(b)(4)’’. subparagraph (A). ‘‘(n) QUALIFIED MILITARY BASE REALIGNMENT (3) Section 3306(b)(13) is amended by striking ‘‘(C) QUALIFIED OFFICIAL EXTENDED DUTY.— AND CLOSURE FRINGE.—For purposes of this sec- ‘‘or 129’’ and inserting ‘‘, 129, or 134(b)(4)’’. For purposes of this paragraph— tion— (4) Section 3401(a)(18) is amended by striking ‘‘(i) IN GENERAL.—The term ‘qualified official ‘‘(1) IN GENERAL.—The term ‘qualified military ‘‘or 129’’ and inserting ‘‘, 129, or 134(b)(4)’’. extended duty’ means any extended duty while base realignment and closure fringe’ means 1 or (c) EFFECTIVE DATE.—The amendments made serving at a duty station which is at least 50 more payments under the authority of section by this section shall apply to taxable years be- miles from such property or while residing under 1013 of the Demonstration Cities and Metropoli- ginning after December 31, 2002. Government orders in Government quarters. tan Development Act of 1966 (42 U.S.C. 3374) (as (d) NO INFERENCE.—No inference may be ‘‘(ii) UNIFORMED SERVICES.—The term ‘uni- in effect on the date of the enactment of this drawn from the amendments made by this sec- formed services’ has the meaning given such subsection) to offset the adverse effects on hous- tion with respect to the tax treatment of any term by section 101(a)(5) of title 10, United ing values as a result of a military base realign- amounts under the program described in section States Code, as in effect on the date of the en- ment or closure. 134(b)(4) of the Internal Revenue Code of 1986 actment of this paragraph. ‘‘(2) LIMITATION.—With respect to any prop- (as added by this section) for any taxable year ‘‘(iii) FOREIGN SERVICE OF THE UNITED erty, such term shall not include any payment beginning before January 1, 2003. STATES.—The term ‘member of the Foreign Serv- referred to in paragraph (1) to the extent that SEC. 107. CLARIFICATION RELATING TO EXCEP- ice of the United States’ has the meaning given the sum of all of such payments related to such TION FROM ADDITIONAL TAX ON CERTAIN DISTRIBUTIONS FROM the term ‘member of the Service’ by paragraph property exceeds the maximum amount described in clause (1) of subsection (c) of such section (as QUALIFIED TUITION PROGRAMS, (1), (2), (3), (4), or (5) of section 103 of the For- ETC. ON ACCOUNT OF ATTENDANCE eign Service Act of 1980, as in effect on the date in effect on such date).’’. AT MILITARY ACADEMY. of the enactment of this paragraph. (c) EFFECTIVE DATE.—The amendments made (a) IN GENERAL.—Subparagraph (B) of section ‘‘(iv) EXTENDED DUTY.—The term ‘extended by this section shall apply to payments made 530(d)(4) (relating to exceptions from additional duty’ means any period of active duty pursuant after the date of the enactment of this Act. tax for distributions not used for educational to a call or order to such duty for a period in ex- SEC. 104. EXPANSION OF COMBAT ZONE FILING purposes) is amended by striking ‘‘or’’ at the cess of 90 days or for an indefinite period. RULES TO CONTINGENCY OPER- end of clause (iii), by redesignating clause (iv) ‘‘(D) SPECIAL RULES RELATING TO ELECTION.— ATIONS. as clause (v), and by inserting after clause (iii) ‘‘(i) ELECTION LIMITED TO 1 PROPERTY AT A (a) IN GENERAL.—Section 7508(a) (relating to the following new clause: TIME.—An election under subparagraph (A) time for performing certain acts postponed by ‘‘(iv) made on account of the attendance of with respect to any property may not be made if reason of service in combat zone) is amended— the designated beneficiary at the United States such an election is in effect with respect to any (1) by inserting ‘‘, or when deployed outside Military Academy, the United States Naval other property. the United States away from the individual’s Academy, the United States Air Force Academy, ‘‘(ii) REVOCATION OF ELECTION.—An election permanent duty station while participating in the United States Coast Guard Academy, or the under subparagraph (A) may be revoked at any an operation designated by the Secretary of De- United States Merchant Marine Academy, to the time.’’. fense as a contingency operation (as defined in extent that the amount of the payment or dis- (b) EFFECTIVE DATE; SPECIAL RULE.— section 101(a)(13) of title 10, United States Code) tribution does not exceed the costs of advanced (1) EFFECTIVE DATE.—The amendments made or which became such a contingency operation education (as defined by section 2005(e)(3) of by this section shall take effect as if included in by operation of law’’ after ‘‘section 112’’, title 10, United States Code, as in effect on the the amendments made by section 312 of the Tax- (2) by inserting in the first sentence ‘‘or at date of the enactment of this section) attrib- payer Relief Act of 1997. any time during the period of such contingency utable to such attendance, or’’. (2) WAIVER OF LIMITATIONS.—If refund or operation’’ after ‘‘for purposes of such section’’, (b) EFFECTIVE DATE.—The amendments made credit of any overpayment of tax resulting from (3) by inserting ‘‘or operation’’ after ‘‘such an by this section shall apply to taxable years be- the amendments made by this section is pre- area’’, and ginning after December 31, 2002. vented at any time before the close of the 1-year (4) by inserting ‘‘or operation’’ after ‘‘such SEC. 108. SUSPENSION OF TAX-EXEMPT STATUS period beginning on the date of the enactment area’’. OF TERRORIST ORGANIZATIONS. of this Act by the operation of any law or rule (b) CONFORMING AMENDMENTS.— (a) IN GENERAL.—Section 501 (relating to ex- of law (including res judicata), such refund or (1) Section 7508(d) is amended by inserting ‘‘or emption from tax on corporations, certain trusts, credit may nevertheless be made or allowed if contingency operation’’ after ‘‘area’’. etc.) is amended by redesignating subsection (p) claim therefor is filed before the close of such (2) The heading for section 7508 is amended by as subsection (q) and by inserting after sub- period. inserting ‘‘OR CONTINGENCY OPERATION’’ section (o) the following new subsection: SEC. 102. EXCLUSION FROM GROSS INCOME OF after ‘‘COMBAT ZONE’’. ‘‘(p) SUSPENSION OF TAX-EXEMPT STATUS OF CERTAIN DEATH GRATUITY PAY- (3) The item relating to section 7508 in the TERRORIST ORGANIZATIONS.— MENTS. table of sections for chapter 77 is amended by ‘‘(1) IN GENERAL.—The exemption from tax (a) IN GENERAL.—Subsection (b)(3) of section inserting ‘‘or contingency operation’’ after under subsection (a) with respect to any organi- 134 (relating to certain military benefits) is ‘‘combat zone’’. zation described in paragraph (2), and the eligi- amended by adding at the end the following (c) EFFECTIVE DATE.—The amendments made bility of any organization described in para- new subparagraph: by this section shall apply to any period for per- graph (2) to apply for recognition of exemption ‘‘(C) EXCEPTION FOR DEATH GRATUITY ADJUST- forming an act which has not expired before the under subsection (a), shall be suspended during MENTS MADE BY LAW.—Subparagraph (A) shall date of the enactment of this Act. the period described in paragraph (3).

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‘‘(2) TERRORIST ORGANIZATIONS.—An organi- ‘‘(7) NOTICE OF SUSPENSIONS.—If the tax ex- (b) DEATH BENEFIT RELIEF.— zation is described in this paragraph if such or- emption of any organization is suspended under (1) IN GENERAL.—Subsection (i) of section 101 ganization is designated or otherwise individ- this subsection, the Internal Revenue Service (relating to certain death benefits) is amended ually identified— shall update the listings of tax-exempt organiza- by adding at the end the following new para- ‘‘(A) under section 212(a)(3)(B)(vi)(II) or 219 tions and shall publish appropriate notice to graph: of the Immigration and Nationality Act as a ter- taxpayers of such suspension and of the fact ‘‘(4) RELIEF WITH RESPECT TO ASTRONAUTS.— rorist organization or foreign terrorist organiza- that contributions to such organization are not The provisions of this subsection shall apply to tion, deductible during the period of such suspen- any astronaut whose death occurs in the line of ‘‘(B) in or pursuant to an Executive order sion.’’. duty.’’. which is related to terrorism and issued under (b) EFFECTIVE DATE.—The amendments made (2) CLERICAL AMENDMENT.—The heading for the authority of the International Emergency by this section shall apply to designations made subsection (i) of section 101 is amended by in- Economic Powers Act or section 5 of the United before, on, or after the date of the enactment of serting ‘‘OR ASTRONAUTS’’ after ‘‘VICTIMS’’. (3) EFFECTIVE DATE.—The amendments made Nations Participation Act of 1945 for the pur- this Act. by this subsection shall apply to amounts paid pose of imposing on such organization an eco- SEC. 109. ABOVE-THE-LINE DEDUCTION FOR after December 31, 2002, with respect to deaths nomic or other sanction, or OVERNIGHT TRAVEL EXPENSES OF occurring after such date. ‘‘(C) in or pursuant to an Executive order NATIONAL GUARD AND RESERVE MEMBERS. (c) ESTATE TAX RELIEF.— issued under the authority of any Federal law (1) IN GENERAL.—Section 2201(b) (defining (a) DEDUCTION ALLOWED.—Section 162 (relat- if— qualified decedent) is amended by striking ing to certain trade or business expenses) is ‘‘(i) the organization is designated or other- ‘‘and’’ at the end of paragraph (1)(B), by strik- amended by redesignating subsection (p) as sub- wise individually identified in or pursuant to ing the period at the end of paragraph (2) and section (q) and inserting after subsection (o) the such Executive order as supporting or engaging inserting ‘‘, and’’, and by adding at the end the following new subsection: in terrorist activity (as defined in section following new paragraph: 212(a)(3)(B) of the Immigration and Nationality ‘‘(p) TREATMENT OF EXPENSES OF MEMBERS ‘‘(3) any astronaut whose death occurs in the Act) or supporting terrorism (as defined in sec- OF RESERVE COMPONENT OF ARMED FORCES OF line of duty.’’. tion 140(d)(2) of the Foreign Relations Author- THE UNITED STATES.—For purposes of sub- (2) CLERICAL AMENDMENTS.— ization Act, Fiscal Years 1988 and 1989); and section (a)(2), in the case of an individual who (A) The heading of section 2201 is amended by ‘‘(ii) such Executive order refers to this sub- performs services as a member of a reserve com- inserting ‘‘, DEATHS OF ASTRONAUTS,’’ after section. ponent of the Armed Forces of the United States ‘‘FORCES’’. ‘‘(3) PERIOD OF SUSPENSION.—With respect to at any time during the taxable year, such indi- (B) The item relating to section 2201 in the any organization described in paragraph (2), vidual shall be deemed to be away from home in table of sections for subchapter C of chapter 11 the period of suspension— the pursuit of a trade or business for any period is amended by inserting ‘‘, deaths of astro- ‘‘(A) begins on the later of— during which such individual is away from nauts,’’ after ‘‘Forces’’. ‘‘(i) the date of the first publication of a des- home in connection with such service.’’. (3) EFFECTIVE DATE.—The amendments made ignation or identification described in para- (b) DEDUCTION ALLOWED WHETHER OR NOT by this subsection shall apply to estates of dece- graph (2) with respect to such organization, or TAXPAYER ELECTS TO ITEMIZE.—Section 62(a)(2) dents dying after December 31, 2002. ‘‘(ii) the date of the enactment of this sub- (relating to certain trade and business deduc- TITLE II—OTHER PROVISIONS section, and tions of employees) is amended by adding at the SEC. 201. EXTENSION OF INTERNAL REVENUE ‘‘(B) ends on the first date that all designa- end the following new subparagraph: SERVICE USER FEES. tions and identifications described in paragraph ‘‘(E) CERTAIN EXPENSES OF MEMBERS OF RE- (a) IN GENERAL.—Chapter 77 (relating to mis- (2) with respect to such organization are re- SERVE COMPONENTS OF THE ARMED FORCES OF cellaneous provisions) is amended by adding at scinded pursuant to the law or Executive order THE UNITED STATES.—The deductions allowed by the end the following new section: under which such designation or identification section 162 which consist of expenses, deter- ‘‘SEC. 7528. INTERNAL REVENUE SERVICE USER was made. mined at a rate not in excess of the rates for FEES. ‘‘(4) DENIAL OF DEDUCTION.—No deduction travel expenses (including per diem in lieu of ‘‘(a) GENERAL RULE.—The Secretary shall es- shall be allowed under any provision of this subsistence) authorized for employees of agen- tablish a program requiring the payment of user title, including sections 170, 545(b)(2), 556(b)(2), cies under subchapter I of chapter 57 of title 5, fees for— 642(c), 2055, 2106(a)(2), and 2522, with respect to United States Code, paid or incurred by the tax- ‘‘(1) requests to the Internal Revenue Service any contribution to an organization described in payer in connection with the performance of for ruling letters, opinion letters, and deter- paragraph (2) during the period described in services by such taxpayer as a member of a re- mination letters, and paragraph (3). serve component of the Armed Forces of the ‘‘(2) other similar requests. ‘‘(b) PROGRAM CRITERIA.— ‘‘(5) DENIAL OF ADMINISTRATIVE OR JUDICIAL United States for any period during which such ‘‘(1) IN GENERAL.—The fees charged under the CHALLENGE OF SUSPENSION OR DENIAL OF DEDUC- individual is more than 100 miles away from home in connection with such services.’’. program required by subsection (a)— TION.—Notwithstanding section 7428 or any ‘‘(A) shall vary according to categories (or other provision of law, no organization or other (c) EFFECTIVE DATE.—The amendments made by this section shall apply to amounts paid or subcategories) established by the Secretary, person may challenge a suspension under para- ‘‘(B) shall be determined after taking into ac- graph (1), a designation or identification de- incurred in taxable years beginning after De- cember 31, 2002. count the average time for (and difficulty of) scribed in paragraph (2), the period of suspen- complying with requests in each category (and SEC. 110. TAX RELIEF AND ASSISTANCE FOR FAM- sion described in paragraph (3), or a denial of a subcategory), and deduction under paragraph (4) in any adminis- ILIES OF SPACE SHUTTLE COLUMBIA HEROES. ‘‘(C) shall be payable in advance. trative or judicial proceeding relating to the ‘‘(2) EXEMPTIONS, ETC.— (a) INCOME TAX RELIEF.— Federal tax liability of such organization or ‘‘(A) IN GENERAL.—The Secretary shall pro- (1) IN GENERAL.—Subsection (d) of section 692 other person. vide for such exemptions (and reduced fees) (relating to income taxes of members of Armed ‘‘(6) ERRONEOUS DESIGNATION.— under such program as the Secretary determines Forces and victims of certain terrorist attacks on ‘‘(A) IN GENERAL.—If— to be appropriate. death) is amended by adding at the end the fol- ‘‘(i) the tax exemption of any organization de- ‘‘(B) EXEMPTION FOR CERTAIN REQUESTS RE- lowing new paragraph: scribed in paragraph (2) is suspended under GARDING PENSION PLANS.—The Secretary shall ‘‘(5) RELIEF WITH RESPECT TO ASTRONAUTS.— paragraph (1), not require payment of user fees under such The provisions of this subsection shall apply to ‘‘(ii) each designation and identification de- program for requests for determination letters any astronaut whose death occurs in the line of scribed in paragraph (2) which has been made with respect to the qualified status of a pension duty, except that paragraph (3)(B) shall be ap- with respect to such organization is determined benefit plan maintained solely by 1 or more eli- plied by using the date of the death of the astro- to be erroneous pursuant to the law or Execu- gible employers or any trust which is part of the naut rather than September 11, 2001.’’. tive order under which such designation or plan. The preceding sentence shall not apply to (2) CONFORMING AMENDMENTS.— any request— identification was made, and (A) Section 5(b)(1) is amended by inserting ‘‘, ‘‘(iii) the erroneous designations and identi- ‘‘(i) made after the later of— astronauts,’’ after ‘‘Forces’’. ‘‘(I) the fifth plan year the pension benefit fications result in an overpayment of income tax (B) Section 6013(f)(2)(B) is amended by insert- for any taxable year by such organization, plan is in existence, or ing ‘‘, astronauts,’’ after ‘‘Forces’’. ‘‘(II) the end of any remedial amendment pe- credit or refund (with interest) with respect to (3) CLERICAL AMENDMENTS.— riod with respect to the plan beginning within such overpayment shall be made. (A) The heading of section 692 is amended by the first 5 plan years, or ‘‘(B) WAIVER OF LIMITATIONS.—If the credit or inserting ‘‘, ASTRONAUTS,’’ after ‘‘FORCES’’. ‘‘(ii) made by the sponsor of any prototype or refund of any overpayment of tax described in (B) The item relating to section 692 in the similar plan which the sponsor intends to mar- subparagraph (A)(iii) is prevented at any time table of sections for part II of subchapter J of ket to participating employers. by the operation of any law or rule of law (in- chapter 1 is amended by inserting ‘‘, astro- ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For cluding res judicata), such credit or refund may nauts,’’ after ‘‘Forces’’. purposes of subparagraph (B)— nevertheless be allowed or made if the claim (4) EFFECTIVE DATE.—The amendments made ‘‘(i) PENSION BENEFIT PLAN.—The term ‘pen- therefor is filed before the close of the 1-year pe- by this subsection shall apply with respect to sion benefit plan’ means a pension, profit-shar- riod beginning on the date of the last determina- any astronaut whose death occurs after Decem- ing, stock bonus, annuity, or employee stock tion described in subparagraph (A)(ii). ber 31, 2002. ownership plan.

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‘‘(ii) ELIGIBLE EMPLOYER.—The term ‘eligible ‘‘(1) MARK TO MARKET.—Except as provided in action in which gain is not recognized in whole employer’ means an eligible employer (as defined subsections (d) and (f), all property of a covered or in part, until such other date as the Sec- in section 408(p)(2)(C)(i)(I)) which has at least 1 expatriate to whom this section applies shall be retary may prescribe). employee who is not a highly compensated em- treated as sold on the day before the expatria- ‘‘(2) DETERMINATION OF TAX WITH RESPECT TO ployee (as defined in section 414(q)) and is par- tion date for its fair market value. PROPERTY.—For purposes of paragraph (1), the ticipating in the plan. The determination of ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the additional tax attributable to any property is an whether an employer is an eligible employer case of any sale under paragraph (1)— amount which bears the same ratio to the addi- under subparagraph (B) shall be made as of the ‘‘(A) notwithstanding any other provision of tional tax imposed by this chapter for the tax- date of the request described in such subpara- this title, any gain arising from such sale shall able year solely by reason of subsection (a) as graph. be taken into account for the taxable year of the the gain taken into account under subsection ‘‘(iii) DETERMINATION OF AVERAGE FEES sale, and (a) with respect to such property bears to the CHARGED.—For purposes of any determination ‘‘(B) any loss arising from such sale shall be total gain taken into account under subsection of average fees charged, any request to which taken into account for the taxable year of the (a) with respect to all property to which sub- subparagraph (B) applies shall not be taken sale to the extent otherwise provided by this section (a) applies. into account. title, except that section 1091 shall not apply to ‘‘(3) TERMINATION OF POSTPONEMENT.—No tax ‘‘(3) AVERAGE FEE REQUIREMENT.—The aver- any such loss. may be postponed under this subsection later age fee charged under the program required by Proper adjustment shall be made in the amount than the due date for the return of tax imposed subsection (a) shall not be less than the amount of any gain or loss subsequently realized for by this chapter for the taxable year which in- determined under the following table: gain or loss taken into account under the pre- cludes the date of death of the expatriate (or, if Average ceding sentence. earlier, the time that the security provided with ‘‘Category fee ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— respect to the property fails to meet the require- Employee plan ruling and opinion ..... $250 ‘‘(A) IN GENERAL.—The amount which, but for ments of paragraph (4), unless the taxpayer cor- Exempt organization ruling ...... $350 this paragraph, would be includible in the gross rects such failure within the time specified by Employee plan determination ...... $300 income of any individual by reason of this sec- the Secretary). Exempt organization determination ... $275 tion shall be reduced (but not below zero) by ‘‘(4) SECURITY.— Chief counsel ruling ...... $200. $600,000. For purposes of this paragraph, allo- ‘‘(A) IN GENERAL.—No election may be made ‘‘(c) TERMINATION.—No fee shall be imposed cable expatriation gain taken into account under paragraph (1) with respect to any prop- under this section with respect to requests made under subsection (f)(2) shall be treated in the erty unless adequate security is provided to the after September 30, 2013.’’. same manner as an amount required to be in- Secretary with respect to such property. ‘‘(B) ADEQUATE SECURITY.—For purposes of (b) CONFORMING AMENDMENTS.— cludible in gross income. subparagraph (A), security with respect to any (1) The table of sections for chapter 77 is ‘‘(B) COST-OF-LIVING ADJUSTMENT.— property shall be treated as adequate security amended by adding at the end the following ‘‘(i) IN GENERAL.—In the case of an expatria- new item: tion date occurring in any calendar year after if— ‘‘(i) it is a bond in an amount equal to the de- 2003, the $600,000 amount under subparagraph ‘‘Sec. 7528. Internal Revenue Service user fees.’’. ferred tax amount under paragraph (2) for the (A) shall be increased by an amount equal to— (2) Section 10511 of the Revenue Act of 1987 is property, or ‘‘(I) such dollar amount, multiplied by repealed. ‘‘(ii) the taxpayer otherwise establishes to the ‘‘(II) the cost-of-living adjustment determined (3) Section 620 of the Economic Growth and satisfaction of the Secretary that the security is under section 1(f)(3) for such calendar year, de- Tax Relief Reconciliation Act of 2001 is repealed. adequate. termined by substituting ‘calendar year 2002’ for (c) LIMITATIONS.—Notwithstanding any other ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No election ‘calendar year 1992’ in subparagraph (B) there- provision of law, any fees collected pursuant to may be made under paragraph (1) unless the of. section 7528 of the Internal Revenue Code of taxpayer consents to the waiver of any right ‘‘(ii) ROUNDING RULES.—If any amount after 1986, as added by subsection (a), shall not be ex- under any treaty of the United States which adjustment under clause (i) is not a multiple of pended by the Internal Revenue Service unless would preclude assessment or collection of any $1,000, such amount shall be rounded to the next provided by an appropriations Act. tax imposed by reason of this section. lower multiple of $1,000. (d) EFFECTIVE DATE.—The amendments made ‘‘(6) ELECTIONS.—An election under para- by this section shall apply to requests made ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS graph (1) shall only apply to property described after the date of the enactment of this Act. UNITED STATES CITIZEN.— in the election and, once made, is irrevocable. ‘‘(A) IN GENERAL.—If a covered expatriate SEC. 202. PARTIAL PAYMENT OF TAX LIABILITY IN An election may be made under paragraph (1) INSTALLMENT AGREEMENTS. elects the application of this paragraph— with respect to an interest in a trust with re- (a) IN GENERAL.— ‘‘(i) this section (other than this paragraph spect to which gain is required to be recognized (1) Section 6159(a) (relating to authorization and subsection (i)) shall not apply to the expa- under subsection (f)(1). of agreements) is amended— triate, but ‘‘(7) INTEREST.—For purposes of section 6601— (A) by striking ‘‘satisfy liability for payment ‘‘(ii) in the case of property to which this sec- ‘‘(A) the last date for the payment of tax shall of’’ and inserting ‘‘make payment on’’, and tion would apply but for such election, the ex- be determined without regard to the election (B) by inserting ‘‘full or partial’’ after ‘‘facili- patriate shall be subject to tax under this title in under this subsection, and tate’’. the same manner as if the individual were a ‘‘(B) section 6621(a)(2) shall be applied by sub- (2) Section 6159(c) (relating to Secretary re- United States citizen. stituting ‘5 percentage points’ for ‘3 percentage quired to enter into installment agreements in ‘‘(B) REQUIREMENTS.—Subparagraph (A) shall points’ in subparagraph (B) thereof. certain cases) is amended in the matter pre- not apply to an individual unless the indi- ‘‘(c) COVERED EXPATRIATE.—For purposes of ceding paragraph (1) by inserting ‘‘full’’ before vidual— this section— ‘‘payment’’. ‘‘(i) provides security for payment of tax in ‘‘(1) IN GENERAL.—Except as provided in para- (b) REQUIREMENT TO REVIEW PARTIAL PAY- such form and manner, and in such amount, as graph (2), the term ‘covered expatriate’ means MENT AGREEMENTS EVERY TWO YEARS.—Section the Secretary may require, an expatriate. 6159 is amended by redesignating subsections (d) ‘‘(ii) consents to the waiver of any right of the ‘‘(2) EXCEPTIONS.—An individual shall not be and (e) as subsections (e) and (f), respectively, individual under any treaty of the United States treated as a covered expatriate if— and inserting after subsection (c) the following which would preclude assessment or collection ‘‘(A) the individual— new subsection: of any tax which may be imposed by reason of ‘‘(i) became at birth a citizen of the United ‘‘(d) SECRETARY REQUIRED TO REVIEW IN- this paragraph, and States and a citizen of another country and, as STALLMENT AGREEMENTS FOR PARTIAL COLLEC- ‘‘(iii) complies with such other requirements as of the expatriation date, continues to be a cit- TION EVERY TWO YEARS.—In the case of an the Secretary may prescribe. izen of, and is taxed as a resident of, such other agreement entered into by the Secretary under ‘‘(C) ELECTION.—An election under subpara- country, and subsection (a) for partial collection of a tax li- graph (A) shall apply to all property to which ‘‘(ii) has not been a resident of the United ability, the Secretary shall review the agreement this section would apply but for the election States (as defined in section 7701(b)(1)(A)(ii)) at least once every 2 years.’’. and, once made, shall be irrevocable. Such elec- during the 5 taxable years ending with the tax- (c) EFFECTIVE DATE.—The amendments made tion shall also apply to property the basis of able year during which the expatriation date oc- by this section shall apply to agreements entered which is determined in whole or in part by ref- curs, or into on or after the date of the enactment of this erence to the property with respect to which the ‘‘(B)(i) the individual’s relinquishment of Act. election was made. United States citizenship occurs before such in- SEC. 203. REVISION OF TAX RULES ON EXPATRIA- ‘‘(b) ELECTION TO DEFER TAX.— dividual attains age 181⁄2, and TION. ‘‘(1) IN GENERAL.—If the taxpayer elects the ‘‘(ii) the individual has been a resident of the (a) IN GENERAL.—Subpart A of part II of sub- application of this subsection with respect to United States (as so defined) for not more than chapter N of chapter 1 is amended by inserting any property treated as sold by reason of sub- 5 taxable years before the date of relinquish- after section 877 the following new section: section (a), the payment of the additional tax ment. ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- attributable to such property shall be postponed ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR TION. until the due date of the return for the taxable PENSION PLANS.— ‘‘(a) GENERAL RULES.—For purposes of this year in which such property is disposed of (or, ‘‘(1) EXEMPT PROPERTY.—This section shall subtitle— in the case of property disposed of in a trans- not apply to the following:

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‘‘(A) UNITED STATES REAL PROPERTY INTER- statement of voluntary relinquishment of United od applicable under section 6621 for underpay- ESTS.—Any United States real property interest States nationality confirming the performance ments of tax for such periods, except that sec- (as defined in section 897(c)(1)), other than of an act of expatriation specified in paragraph tion 6621(a)(2) shall be applied by substituting ‘5 stock of a United States real property holding (1), (2), (3), or (4) of section 349(a) of the Immi- percentage points’ for ‘3 percentage points’ in corporation which does not, on the day before gration and Nationality Act (8 U.S.C. subparagraph (B) thereof. the expatriation date, meet the requirements of 1481(a)(1)–(4)), ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY section 897(c)(2). ‘‘(C) the date the United States Department of PAID.—The balance in the tax deferred account ‘‘(B) SPECIFIED PROPERTY.—Any property or State issues to the individual a certificate of loss shall be reduced— interest in property not described in subpara- of nationality, or ‘‘(I) by the amount of taxes imposed by sub- graph (A) which the Secretary specifies in regu- ‘‘(D) the date a court of the United States paragraph (A) on any distribution to the person lations. cancels a naturalized citizen’s certificate of nat- holding the trust interest, and ‘‘(2) SPECIAL RULES FOR CERTAIN RETIREMENT uralization. ‘‘(II) in the case of a person holding a non- PLANS.— Subparagraph (A) or (B) shall not apply to any vested interest, to the extent provided in regula- ‘‘(A) IN GENERAL.—If a covered expatriate individual unless the renunciation or voluntary tions, by the amount of taxes imposed by sub- holds on the day before the expatriation date relinquishment is subsequently approved by the paragraph (A) on distributions from the trust any interest in a retirement plan to which this issuance to the individual of a certificate of loss with respect to nonvested interests not held by paragraph applies— of nationality by the United States Department such person. ‘‘(i) such interest shall not be treated as sold ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For of State. for purposes of subsection (a)(1), but purposes of this paragraph, the allocable expa- ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- ‘‘(ii) an amount equal to the present value of triation gain with respect to any beneficiary’s term resident’ has the meaning given to such the expatriate’s nonforfeitable accrued benefit interest in a trust is the amount of gain which term by section 877(e)(2). shall be treated as having been received by such would be allocable to such beneficiary’s vested ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- individual on such date as a distribution under and nonvested interests in the trust if the bene- FICIARIES’ INTERESTS IN TRUST.— the plan. ficiary held directly all assets allocable to such ‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- ‘‘(1) IN GENERAL.—Except as provided in para- graph (2), if an individual is determined under interests. TIONS.—In the case of any distribution on or ‘‘(E) TAX DEDUCTED AND WITHHELD.— paragraph (3) to hold an interest in a trust on after the expatriation date to or on behalf of the ‘‘(i) IN GENERAL.—The tax imposed by sub- the day before the expatriation date— covered expatriate from a plan from which the paragraph (A)(ii) shall be deducted and with- ‘‘(A) the individual shall not be treated as expatriate was treated as receiving a distribu- held by the trustees from the distribution to having sold such interest, tion under subparagraph (A), the amount other- which it relates. ‘‘(B) such interest shall be treated as a sepa- wise includible in gross income by reason of the ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE rate share in the trust, and subsequent distribution shall be reduced by the TREATY RIGHTS.—If an amount may not be de- ‘‘(C)(i) such separate share shall be treated as excess of the amount includible in gross income ducted and withheld under clause (i) by reason a separate trust consisting of the assets allo- under subparagraph (A) over any portion of of the distributee failing to waive any treaty cable to such share, such amount to which this subparagraph pre- right with respect to such distribution— viously applied. ‘‘(ii) the separate trust shall be treated as ‘‘(I) the tax imposed by subparagraph (A)(ii) ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- having sold its assets on the day before the ex- shall be imposed on the trust and each trustee TIONS BY PLAN.—For purposes of this title, a re- patriation date for their fair market value and shall be personally liable for the amount of such tirement plan to which this paragraph applies, as having distributed all of its assets to the indi- tax, and and any person acting on the plan’s behalf, vidual as of such time, and ‘‘(II) any other beneficiary of the trust shall shall treat any subsequent distribution described ‘‘(iii) the individual shall be treated as having be entitled to recover from the distributee the in subparagraph (B) in the same manner as recontributed the assets to the separate trust. amount of such tax imposed on the other bene- such distribution would be treated without re- Subsection (a)(2) shall apply to any income, ficiary. gard to this paragraph. gain, or loss of the individual arising from a dis- ‘‘(F) DISPOSITION.—If a trust ceases to be a ‘‘(D) APPLICABLE PLANS.—This paragraph tribution described in subparagraph (C)(ii). In qualified trust at any time, a covered expatriate shall apply to— determining the amount of such distribution, disposes of an interest in a qualified trust, or a ‘‘(i) any qualified retirement plan (as defined proper adjustments shall be made for liabilities covered expatriate holding an interest in a in section 4974(c)), of the trust allocable to an individual’s share in qualified trust dies, then, in lieu of the tax im- ‘‘(ii) an eligible deferred compensation plan the trust. posed by subparagraph (A)(ii), there is hereby (as defined in section 457(b)) of an eligible em- ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- imposed a tax equal to the lesser of— ployer described in section 457(e)(1)(A), and FIED TRUSTS.— ‘‘(i) the tax determined under paragraph (1) ‘‘(iii) to the extent provided in regulations, ‘‘(A) IN GENERAL.—If the trust interest de- as if the day before the expatriation date were any foreign pension plan or similar retirement scribed in paragraph (1) is an interest in a the date of such cessation, disposition, or death, arrangements or programs. qualified trust— whichever is applicable, or ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(i) paragraph (1) and subsection (a) shall not ‘‘(ii) the balance in the tax deferred account tion— apply, and immediately before such date. ‘‘(1) EXPATRIATE.—The term ‘expatriate’ ‘‘(ii) in addition to any other tax imposed by Such tax shall be imposed on the trust and each means— this title, there is hereby imposed on each dis- ‘‘(A) any United States citizen who relin- trustee shall be personally liable for the amount tribution with respect to such interest a tax in of such tax and any other beneficiary of the quishes citizenship, and the amount determined under subparagraph ‘‘(B) any long-term resident of the United trust shall be entitled to recover from the cov- (B). States who— ered expatriate or the estate the amount of such ‘‘(B) AMOUNT OF TAX.—The amount of tax ‘‘(i) ceases to be a lawful permanent resident tax imposed on the other beneficiary. under subparagraph (A)(ii) shall be equal to the of the United States (within the meaning of sec- ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For lesser of— tion 7701(b)(6)), or purposes of this paragraph— ‘‘(ii) commences to be treated as a resident of ‘‘(i) the highest rate of tax imposed by section ‘‘(i) QUALIFIED TRUST.—The term ‘qualified a foreign country under the provisions of a tax 1(e) for the taxable year which includes the day trust’ means a trust which is described in sec- treaty between the United States and the for- before the expatriation date, multiplied by the tion 7701(a)(30)(E). eign country and who does not waive the bene- amount of the distribution, or ‘‘(ii) VESTED INTEREST.—The term ‘vested in- fits of such treaty applicable to residents of the ‘‘(ii) the balance in the deferred tax account terest’ means any interest which, as of the day foreign country. immediately before the distribution determined before the expatriation date, is vested in the ‘‘(2) EXPATRIATION DATE.—The term ‘expatria- without regard to any increases under subpara- beneficiary. tion date’ means— graph (C)(ii) after the 30th day preceding the ‘‘(iii) NONVESTED INTEREST.—The term ‘non- ‘‘(A) the date an individual relinquishes distribution. vested interest’ means, with respect to any bene- United States citizenship, or ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes ficiary, any interest in a trust which is not a ‘‘(B) in the case of a long-term resident of the of subparagraph (B)(ii)— vested interest. Such interest shall be deter- United States, the date of the event described in ‘‘(i) OPENING BALANCE.—The opening balance mined by assuming the maximum exercise of dis- clause (i) or (ii) of paragraph (1)(B). in a deferred tax account with respect to any cretion in favor of the beneficiary and the oc- ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A cit- trust interest is an amount equal to the tax currence of all contingencies in favor of the ben- izen shall be treated as relinquishing United which would have been imposed on the allocable eficiary. States citizenship on the earliest of— expatriation gain with respect to the trust inter- ‘‘(iv) ADJUSTMENTS.—The Secretary may pro- ‘‘(A) the date the individual renounces such est if such gain had been included in gross in- vide for such adjustments to the bases of assets individual’s United States nationality before a come under subsection (a). in a trust or a deferred tax account, and the diplomatic or consular officer of the United ‘‘(ii) INCREASE FOR INTEREST.—The balance in timing of such adjustments, in order to ensure States pursuant to paragraph (5) of section the deferred tax account shall be increased by that gain is taxed only once. 349(a) of the Immigration and Nationality Act (8 the amount of interest determined (on the bal- ‘‘(v) COORDINATION WITH RETIREMENT PLAN U.S.C. 1481(a)(5)), ance in the account at the time the interest ac- RULES.—This subsection shall not apply to an ‘‘(B) the date the individual furnishes to the crues), for periods after the 90th day after the interest in a trust which is part of a retirement United States Department of State a signed expatriation date, by using the rates and meth- plan to which subsection (d)(2) applies.

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‘‘(3) DETERMINATION OF BENEFICIARIES’ INTER- ‘‘(3) CERTAIN RULES APPLY.—The rules set (B) SAFEGUARDS.— EST IN TRUST.— forth in paragraphs (1), (3), and (4) of section (i) TECHNICAL AMENDMENTS.—Paragraph (4) ‘‘(A) DETERMINATIONS UNDER PARAGRAPH 6324A(d) shall apply with respect to the lien im- of section 6103(p) of the Internal Revenue Code (1).—For purposes of paragraph (1), a bene- posed by this subsection as if it were a lien im- of 1986, as amended by section 202(b)(2)(B) of ficiary’s interest in a trust shall be based upon posed by section 6324A. the Trade Act of 2002 (Public Law 107–210; 116 all relevant facts and circumstances, including ‘‘(j) REGULATIONS.—The Secretary shall pre- Stat. 961), is amended by striking ‘‘or (17)’’ after the terms of the trust instrument and any letter scribe such regulations as may be necessary or ‘‘any other person described in subsection of wishes or similar document, historical pat- appropriate to carry out the purposes of this (l)(16)’’ each place it appears and inserting ‘‘or terns of trust distributions, and the existence of section.’’. (18)’’. and functions performed by a trust protector or (b) INCLUSION IN INCOME OF GIFTS AND BE- (ii) CONFORMING AMENDMENTS.—Section any similar adviser. QUESTS RECEIVED BY UNITED STATES CITIZENS 6103(p)(4) (relating to safeguards), as amended ‘‘(B) OTHER DETERMINATIONS.—For purposes AND RESIDENTS FROM EXPATRIATES.—Section by clause (i), is amended by striking ‘‘or (18)’’ of this section— 102 (relating to gifts, etc. not included in gross after ‘‘any other person described in subsection ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- income) is amended by adding at the end the ficiary of a trust is a corporation, partnership, (l)(16)’’ each place it appears and inserting following new subsection: ‘‘(18), or (19)’’. trust, or estate, the shareholders, partners, or ‘‘(d) GIFTS AND INHERITANCES FROM COVERED (3) EFFECTIVE DATES.— beneficiaries shall be deemed to be the trust EXPATRIATES.— beneficiaries for purposes of this section. ‘‘(1) IN GENERAL.—Subsection (a) shall not ex- (A) IN GENERAL.—Except as provided in sub- ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- clude from gross income the value of any prop- paragraph (B), the amendments made by this payer shall clearly indicate on its income tax re- erty acquired by gift, bequest, devise, or inherit- subsection shall apply to individuals who relin- turn— ance from a covered expatriate after the expa- quish United States citizenship on or after the ‘‘(I) the methodology used to determine that triation date. For purposes of this subsection, date of the enactment of this Act. taxpayer’s trust interest under this section, and any term used in this subsection which is also (B) TECHNICAL AMENDMENTS.—The amend- ‘‘(II) if the taxpayer knows (or has reason to used in section 877A shall have the same mean- ments made by paragraph (2)(B)(i) shall take ef- know) that any other beneficiary of such trust ing as when used in section 877A. fect as if included in the amendments made by is using a different methodology to determine ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE section 202(b)(2)(B) of the Trade Act of 2002 such beneficiary’s trust interest under this sec- SUBJECT TO ESTATE OR GIFT TAX.—Paragraph (1) (Public Law 107–210; 116 Stat. 961). tion. shall not apply to any property if either— (e) CONFORMING AMENDMENTS.— ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In ‘‘(A) the gift, bequest, devise, or inheritance (1) Section 877 is amended by adding at the the case of any covered expatriate, notwith- is— end the following new subsection: standing any other provision of this title— ‘‘(i) shown on a timely filed return of tax im- ‘‘(1) any period during which recognition of ‘‘(g) APPLICATION.—This section shall not posed by chapter 12 as a taxable gift by the cov- apply to an expatriate (as defined in section income or gain is deferred shall terminate on the ered expatriate, or day before the expatriation date, and 877A(e)) whose expatriation date (as so defined) ‘‘(ii) included in the gross estate of the cov- occurs on or after February 5, 2003.’’. ‘‘(2) any extension of time for payment of tax ered expatriate for purposes of chapter 11 and shall cease to apply on the day before the expa- (2) Section 2107 is amended by adding at the shown on a timely filed return of tax imposed by triation date and the unpaid portion of such tax end the following new subsection: chapter 11 of the estate of the covered expa- shall be due and payable at the time and in the ‘‘(f) APPLICATION.—This section shall not triate, or manner prescribed by the Secretary. ‘‘(B) no such return was timely filed but no apply to any expatriate subject to section ‘‘(h) IMPOSITION OF TENTATIVE TAX.— such return would have been required to be filed 877A.’’. ‘‘(1) IN GENERAL.—If an individual is required even if the covered expatriate were a citizen or (3) Section 2501(a)(3) is amended by adding at to include any amount in gross income under the end the following new subparagraph: subsection (a) for any taxable year, there is long-term resident of the United States.’’. (c) DEFINITION OF TERMINATION OF UNITED ‘‘(F) APPLICATION.—This paragraph shall not hereby imposed, immediately before the expa- STATES CITIZENSHIP.—Section 7701(a) is amend- apply to any expatriate subject to section triation date, a tax in an amount equal to the ed by adding at the end the following new para- 877A.’’. amount of tax which would be imposed if the (4)(A) Paragraph (1) of section 6039G(d) is taxable year were a short taxable year ending graph: ‘‘(48) TERMINATION OF UNITED STATES CITIZEN- amended by inserting ‘‘or 877A’’ after ‘‘section on the expatriation date. SHIP.— 877’’. ‘‘(2) DUE DATE.—The due date for any tax im- ‘‘(A) IN GENERAL.—An individual shall not posed by paragraph (1) shall be the 90th day (B) The second sentence of section 6039G(e) is cease to be treated as a United States citizen be- after the expatriation date. amended by inserting ‘‘or who relinquishes ‘‘(3) TREATMENT OF TAX.—Any tax paid under fore the date on which the individual’s citizen- United States citizenship (within the meaning of paragraph (1) shall be treated as a payment of ship is treated as relinquished under section section 877A(e)(3))’’ after ‘‘877(a))’’. the tax imposed by this chapter for the taxable 877A(e)(3). (C) Section 6039G(f) is amended by inserting year to which subsection (a) applies. ‘‘(B) DUAL CITIZENS.—Under regulations pre- ‘‘or 877A(e)(2)(B)’’ after ‘‘877(e)(1)’’. ‘‘(4) DEFERRAL OF TAX.—The provisions of scribed by the Secretary, subparagraph (A) shall (f) CLERICAL AMENDMENT.—The table of sec- subsection (b) shall apply to the tax imposed by not apply to an individual who became at birth tions for subpart A of part II of subchapter N of this subsection to the extent attributable to gain a citizen of the United States and a citizen of chapter 1 is amended by inserting after the item includible in gross income by reason of this sec- another country.’’. relating to section 877 the following new item: tion. (d) INELIGIBILITY FOR VISA OR ADMISSION TO ‘‘(i) SPECIAL LIENS FOR DEFERRED TAX UNITED STATES.— ‘‘Sec. 877A. Tax responsibilities of expatria- AMOUNTS.— (1) IN GENERAL.—Section 212(a)(10)(E) of the tion.’’. Immigration and Nationality Act (8 U.S.C. ‘‘(1) IMPOSITION OF LIEN.— (g) EFFECTIVE DATE.— ‘‘(A) IN GENERAL.—If a covered expatriate 1182(a)(10)(E)) is amended to read as follows: (1) IN GENERAL.—Except as provided in this makes an election under subsection (a)(4) or (b) ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE subsection, the amendments made by this sec- which results in the deferral of any tax imposed WITH EXPATRIATION REVENUE PROVISIONS.—Any tion shall apply to expatriates (within the by reason of subsection (a), the deferred amount alien who is a former citizen of the United meaning of section 877A(e) of the Internal Rev- (including any interest, additional amount, ad- States who relinquishes United States citizen- enue Code of 1986, as added by this section) dition to tax, assessable penalty, and costs at- ship (within the meaning of section 877A(e)(3) of whose expatriation date (as so defined) occurs tributable to the deferred amount) shall be a the Internal Revenue Code of 1986) and who is on or after February 5, 2003. lien in favor of the United States on all property not in compliance with section 877A of such of the expatriate located in the United States Code (relating to expatriation).’’. (2) GIFTS AND BEQUESTS.—Section 102(d) of the (without regard to whether this section applies (2) AVAILABILITY OF INFORMATION.— Internal Revenue Code of 1986 (as added by sub- to the property). (A) IN GENERAL.—Section 6103(l) (relating to section (b)) shall apply to gifts and bequests re- ‘‘(B) DEFERRED AMOUNT.—For purposes of disclosure of returns and return information for ceived on or after February 5, 2003, from an in- this subsection, the deferred amount is the purposes other than tax administration) is dividual or the estate of an individual whose ex- amount of the increase in the covered expatri- amended by adding at the end the following patriation date (as so defined) occurs after such ate’s income tax which, but for the election new paragraph: date. under subsection (a)(4) or (b), would have oc- ‘‘(19) DISCLOSURE TO DENY VISA OR ADMISSION (3) DUE DATE FOR TENTATIVE TAX.—The due curred by reason of this section for the taxable TO CERTAIN EXPATRIATES.—Upon written request date under section 877A(h)(2) of the Internal year including the expatriation date. of the Attorney General or the Attorney Gen- Revenue Code of 1986, as added by this section, ‘‘(2) PERIOD OF LIEN.—The lien imposed by eral’s delegate, the Secretary shall disclose shall in no event occur before the 90th day after this subsection shall arise on the expatriation whether an individual is in compliance with sec- the date of the enactment of this Act. date and continue until— tion 877A (and if not in compliance, any items Mr. GRASSLEY. Mr. President, I ‘‘(A) the liability for tax by reason of this sec- of noncompliance) to officers and employees of move to reconsider the vote. the Federal agency responsible for administering tion is satisfied or has become unenforceable by Mr. BAUCUS. I move to lay that mo- reason of lapse of time, or section 212(a)(10)(E) of the Immigration and Na- ‘‘(B) it is established to the satisfaction of the tionality Act solely for the purpose of, and to tion on the table. Secretary that no further tax liability may arise the extent necessary in, administering such sec- The motion to lay on the table was by reason of this section. tion 212(a)(10)(E).’’. agreed to.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.054 S27PT1 S4496 CONGRESSIONAL RECORD — SENATE March 27, 2003 EXECUTIVE SESSION LIEBERMAN), and the Senator from After sharing my selections with my Georgia (Mr. MILLER) are necessarily friend and colleague Senator EVAN absent. BAYH, I submitted the names and appli- JAMES V. SELNA TO BE UNITED I further announce that, if present cations of three outstanding candidates STATES DISTRICT JUDGE and voting, the Senator from Massa- to the White House for their consider- The PRESIDING OFFICER. Under chusetts (Mr. KERRY) would vote ation. The President recently selected the previous order, the Senate will go ‘‘aye.’’ Assistant United States Attorney Phil- into executive session to vote on Exec- The PRESIDING OFFICER. Are there ip Simon and United States Magistrate utive Calendar No. 76, which the clerk any other Senators in the Chamber de- Theresa Springmann. will report. siring to vote? Philip Simon has a remarkable The legislative clerk read the nomi- The result was announced—yeas 97, record as an Assistant United States nation of James V. Selna, of California, nays 0, as follows: Attorney. As Chief of the Criminal Di- to be United States District Judge for [Rollcall Vote No. 111 Ex.] vision, he is responsible for overseeing the Central District of California. YEAS—97 all criminal prosecutions in the North- The PRESIDING OFFICER. Under Akaka Dodd Lott ern District of Indiana. He has super- the previous order, there are 2 minutes Alexander Dole Lugar vised and participated in prosecutions Allard Domenici McCain involving large-scale drug distribution evenly divided. Allen Dorgan McConnell Mr. HATCH. Mr. President, I rise in Baucus Durbin Mikulski rings, illegal firearms trafficking, support of the confirmation of James Bayh Edwards Murkowski white collar fraud cases, environmental Selna to the U.S. District Court for the Bennett Ensign Murray crime, and mob related racketeering Biden Enzi Nelson (FL) Central District of California. I have Bingaman Feingold cases. In addition, he is in charge of a Nelson (NE) Bond Feinstein public corruption task force in Lake had the pleasure to review Mr. Selna’s Nickles Boxer Fitzgerald distinguished career and I am confident Pryor County, Indiana. Breaux Frist Philip has been the recipient of a that he will make a fine Federal judge. Brownback Graham (FL) Reed Judge Selna graduated Order of the Bunning Graham (SC) Reid number of awards and commendations. Coif from Stanford Law School in 1970. Burns Grassley Roberts In 1995, the Mutual Insurance Compa- Upon graduation he joined the pres- Byrd Gregg Rockefeller nies of Indiana presented the Sherlock Campbell Hagel Santorum Award to Philip for his work to combat tigious law firm of O’Melveny & Myers, Cantwell Harkin Sarbanes where he maintained a sophisticated Carper Hatch Schumer insurance fraud. In 1999, Philip was commercial practice. Upon becoming a Chafee Hollings Sessions given the Director’s award by Janet partner in 1978, Judge Selna was in- Chambliss Hutchison Shelby Reno, the highest award given to an Clinton Inhofe Smith Assistant United States Attorney by volved in many high profile cases, in- Cochran Inouye Snowe cluding representing the National Coleman Jeffords the Justice Department. Specter Aside from his outstanding public Football League in defending antitrust Collins Johnson Stabenow Conrad Kennedy Stevens service, he is a dedicated community claims. In the period immediately pre- Cornyn Kohl Sununu leader with an interest in assisting Corzine Kyl ceding his appointment to the Superior Talent Craig Landrieu children and families with autism. Court, his practice consisted of liti- Thomas Crapo Lautenberg I believe that Philip Simon will dem- gating complex commercial disputes, Voinovich Daschle Leahy onstrate remarkable leadership to Warner typically involving high technology Dayton Levin Northern Indiana and will appro- DeWine Lincoln Wyden issues and companies. priately uphold and defend our laws While in private practice, Judge NOT VOTING—3 under the Constitution. I encourage my Selna provided many hours of pro bono Kerry Lieberman Miller colleagues to support his nomination. services to various organizations. For The nomination was confirmed. Mr. HATCH. Mr. President, I am example, he has provided hundreds of f pleased to support Philip P. Simon, hours of legal services on behalf of the who has been nominated to the U.S. Newport Harbor Museum in a success- NOMINATION OF PHILIP P. SIMON, District Court for the Northern Dis- ful constitutional challenge to Federal OF INDIANA, TO BE UNITED trict of Indiana. funding restrictions in the 1989/1990 ap- STATES DISTRICT JUDGE FOR Our nominee has had a distinguished propriation for the Endowment for the THE NORTHERN DISTRICT OF IN- legal career. Upon graduation from In- Arts. In addition, he has provided legal DIANA diana University Law School, Mr. advice while serving on the board of The legislative clerk read the nomi- Simon joined the law firm of Kirkland Phoenix House of Orange County, a nation of Philip P. Simon, of Indiana, & Ellis as an associate, where he fo- nonprofit drug rehabilitation organiza- to be United States District Judge for cused on general commercial and con- tion. I would like to commend Judge the Northern District of Indiana. struction-related litigation, products Selna for the many hours he has given Mr. LUGAR. Mr. President, we will liability, and employment discrimina- to better his community. soon vote on the nomination of Philip tion and issues. Since 1998, Judge Selna has served Simon to be considered for a position He next began a long career with the with distinction on the Orange County on the United States District Court of United States Attorney’s Office, serv- Superior Court. His judicial experience Northern Indiana. It is because of that ing first in the Northern District of In- on the State bench will serve him well I rise once again to commend this re- diana, then in the District of Arizona, in the Federal district court. I urge my markable jurist. and finally returning to the Northern colleagues to join me in strong support Judge William Lee and Judge James District of Indiana, where he currently of Judge Selna’s nomination. Moody informed me of their decisions serves as Chief of the Criminal Divi- I yield the floor. to assume senior status after distin- sion. During his 13 years with the U.S. The PRESIDING OFFICER. All time guished careers of public service. Both Attorney’s Office, Mr. Simon has han- is yielded back. The question is, Will of these individuals are remarkable dled a variety of issues ranging from the Senate advise and consent to the leaders on the Federal bench, and I ap- routine drug cases to large scale drug nomination of James V. Selna, of Cali- plaud their leadership to Indiana and distribution rings, public corruption fornia, to be United States District to the legal profession. cases, firearms violations, kidnapping, Judge for the Central District of Cali- Immediately upon hearing of these and white collar fraud. fornia? On this question, the yeas and decisions, I notified the White House Mr. Simon is also a member of the nays have been ordered. The clerk will and was asked by the President to help Federal Bar Association, the Illinois call the roll. find the most qualified candidates to State Bar Association, and the Chicago The senior assistant bill clerk called fill these two important positions in Bar Association. the roll. Hammond and Fort Wayne. I took this I am confident that Mr. Simon’s ex- Mr. REID. I announce that the Sen- role very seriously and selected the tensive litigation experience will make ator from Massachusetts (Mr. KERRY), candidates who would best serve the him an excellent addition to the Fed- the Senator from Connecticut (Mr. Northern District of Indiana. eral bench.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.057 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4497 The PRESIDING OFFICER. All time cies meant ‘‘full employment’’ on the Let me say that yesterday all of us having been yielded back, the question Federal courts. Even with the vacan- were caused great sorrow when we is, will the Senate advise and consent cies that have arisen since we ad- heard the terrible news that Senator to the nomination of Philip P. Simon, journed last year, we remain below the Daniel Patrick Moynihan, a giant of Indiana, to be United States District ‘‘full employment’’ level that Senator among us, had passed from our midst. Judge for the Northern District of Indi- HATCH used to draw for the Federal While the sadness is still there, today I ana? courts with only 50 vacancies remain- rise to pay tribute to Pat Moynihan Mr. LUGAR. Mr. President, I ask ing on the district courts and courts of and to the extraordinary life that he that the yeas and nays be vitiated. appeals, according to the Judiciary led. The PRESIDING OFFICER (Mr. Committee website. Unfortunately, the It can rarely be said about someone CRAPO). Without objection, it is so or- President has not made nominations to that they changed the world and made dered. a number of those seats, and on more it a better place just with their ideas. The nomination was confirmed. than half of the current vacancies he Senator Moynihan was such an indi- Mr. LUGAR. I move to reconsider the has missed his self-imposed deadline of vidual. He was a font of ideas. He was vote, and I move to lay that motion on a nomination within 180 days. Of not afraid to utter them and he uttered the table. course, several of the nominations he them in such a way that people lis- The motion to lay on the table was has made are controversial. tened, paid attention, and changed the agreed to. This year the President has taken way they lived for the better. The PRESIDING OFFICER. The the truly unprecedented action of re- Pat Moynihan was a friend to me, a President will be notified of the Sen- nominating candidates voted down in mentor. I first met him when I at- ate’s action. committee in spite of the serious con- tended his course at Harvard while I f cerns expressed by fair-minded mem- was a student and he was a professor. Throughout the many years, he ex- JUDICIAL NOMINATIONS bers of this committee. That is a sig- nificant problem. tended me so many kindnesses I can’t Mr. LEAHY. Mr. President, while This year we have had a rocky begin- even count them. But beyond the per- there are continuing problems caused ning with a hearing that has caused a sonal—and every one of us has our per- by the administration’s refusal to work great many problems we might have sonal stories about Pat—is what he did with Democratic Senators to select avoided. The chairman’s insistence on for all of us. He was known in the Sen- consensus judicial nominees who could terminating debate on the Cook and ate as a unique individual, as a person be confirmed relatively quickly by the Roberts nominations is another serious of ideas in a body that, frankly, has al- Senate, today we again demonstrate problem. Of course, the administra- ways needed more of them. He was the what can happen when the administra- tion’s unwillingness to work with the kind of Senator that the Founding Fa- thers, as they look down on this body, tion works with us. Senate so that we may be provided the would look at and smile and say: In spite of the President’s lack of co- documents and information needed to That’s the kind of person we wanted to operation, the Senate in the 17 months proceed with a final vote on the serve in the Senate. I chaired the Judiciary Committee was Estrada nomination has already proved able to confirm 100 judges and vastly I think the Washington Post edi- to be a significant problem. The oppo- torial said it very well today. It said: reduce the judicial vacancies that had sition to the Sutton nomination is also built up and were prevented by the Re- He pursued with distinction enough careers extensive. for half a dozen men of lesser talents and publican Senate majority from being Nonetheless, the Senate has pro- filled by President Clinton. Last year imagination—politician, Presidential ad- ceeded to confirm 113 of President viser, diplomat, author, professor and public alone the Democratic-led Senate con- Bush’s judicial nominees, including 13 intellectual. firmed 72 judicial nominees, more than this year alone. The Senate confirmed As someone who is barely managing in any of the prior 6 years of Repub- the controversial nomination of Jay to pursue only one of those many ca- lican control. Not once did the Repub- Bybee to the Ninth Circuit, another reers, I can’t help but observe that, as lican-controlled committee consider pro-life judicial nominee. Already this you look around, there are no more Pat that many of President Clinton’s dis- year the Senate has confirmed more Moynihans in part because of the trict and circuit court nominees. In our circuit court judges than Republicans man—Pat Moynihan’s vision, erudi- efforts to turn the other cheek and allowed to be confirmed in the entire tion, intellect, dazzling wit, and moral treat this President’s nominees better 1996 session. In addition, I note that it conviction were second to none—and in than his predecessor’s had fared, we was not until September, 1999, that 13 part because of the times. Pat Moy- confirmed 100 judges in 17 months. Yet of President Clinton’s judicial nomi- nihan was one of the preeminent public not a single elected Republican has ac- nees were confirmed in the first session intellectuals in a time when such fig- knowledged this tremendous biparti- of the last Congress in which Repub- ures and their ideas could command sanship and fairness. When Chief Jus- licans controlled the Senate majority. the Nation’s attention in a way that I tice Rehnquist thanked the committee This year we are 6 months ahead of fear is now all but gone from American for confirming 100 judicial nominees, that schedule. life. I hope and pray that is not true. this was the first time this accomplish- The California nominee comes from But we mourn his passing. We mourn ment had been acknowledged by any- the bipartisan selection commissions the passing of his time from the na- one from a Republican background. I Senator FEINSTEIN and Senator BOXER tional stage and from this beloved in- thanked him last week when I appeared have established in California and the stitution that he loved so well and before the Judicial Conference. Indiana nominee has the bipartisan served so well in for 24 years, the Sen- Almost all of the judges confirmed support of his home State Senators. I ate. are conservatives, many of them quite congratulate the nominees and their In the coming days, many will pay to the right of the mainstream, and families. tribute to Pat Moynihan’s leadership many are pro-life. Many of these nomi- and vision on so many ideas where his f nees have been active in conservative mark on policy and his mark on indi- political causes or groups, but we LEGISLATIVE SESSION viduals are well known. There are chil- moved fairly and expeditiously on as The PRESIDING OFFICER. The Sen- dren born in this country and in for- many as we could. ate will return to legislative session. eign countries whose lives are better, We cut the number of vacancies on f who will live better lives because Pat the courts from 110 to 50, despite an ad- Moynihan lived and worked on this ditional 60 new vacancies that had aris- DANIEL PATRICK MOYNIHAN Earth. en. I recall that the chairman said in Mr. SCHUMER. Mr. President, I His leadership in Social Security, in September of 1997 that 103 vacancies, know there are a group of us who wish welfare reform, in poverty, in tax pol- during the Clinton Administration, did to speak about Senator Moynihan. I icy, in trade, in education, in immigra- not constitute a ‘‘vacancy crisis.’’ He think that would be the next order of tion, in foreign policy, and most re- also repeatedly stated that 67 vacan- business, and so I will proceed. cently in government secrecy—any one

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.060 S27PT1 S4498 CONGRESSIONAL RECORD — SENATE March 27, 2003 of those would have been enough to be his speeches, though not necessarily to fol- after his mother bought a bar there when he a capstone of an ordinary Senator’s ca- low his recommendations. He had a knack was 20. But there was enough hardship and reer. But Pat did them all. for the striking phrase, but unease at the instability in his early life so that when he Adam Clymer of the New York Times controversy it often caused. When other sen- later wrote of ‘‘social pathology,’’ he knew ators used August recesses to travel or raise what he was talking about. chronicled Pat’s career and life mov- money for re-election, he spent most of them Mr. Moynihan’s mother, Margaret Moy- ingly and brilliantly today. I ask unan- in an 1854 schoolhouse on his farm in Pindars nihan, moved the family, including a broth- imous consent his piece be printed in Corners in Delaware County, about 65 miles er, Michael, and a sister, Ellen, into a suc- the RECORD. west of Albany. He was writing books, 9 as a cession of Manhattan apartments, and Pat There being no objection, the mate- senator, 18 in all. shined shoes in Times Square. In 1943 he rial was ordered to be printed in the Mr. Moynihan was less an original re- graduated first in his class at Benjamin Franklin High School in East Harlem. He RECORD, as follows: searcher than a bold, often brilliant syn- thesizer whose works compelled furious de- also graduated to work as a stevedore at [From the New York Times, Mar. 27, 2003] bate and further research. In 1965, his fore- Piers 48 and 49 on West 11th Street. DANIEL PATRICK MOYNIHAN IS DEAD; SENATOR most work, ‘‘The Negro Family: The Case for He went to City College for a year, enlisted FROM ACADEMIA WAS 76 National Action,’’ identified the breakup of in the Navy, and was trained as an officer at (By Adam Clymer) black families as a major impediment to Middlebury College and at Tufts University. Discharged the next spring, he went to work Daniel Patrick Moynihan, the Harvard pro- black advancement. Though savaged by that summer tending bar for his mother, fessor and four-term United States senator many liberal academics at the time, it is then got his B.A. at Tufts in 1948 and an M.A. from New York who brought a scholar’s eye now generally regarded as ‘‘an important at the Fletcher School of Law and Diplo- for data to politics and a politician’s sense of and prophetic document,’’ in the words of macy at Tufts in 1949. the real world to academia, died yesterday at Prof. William Julius Wilson of Harvard. Five years later, his memo to President In 1950 he went to the London School of Ec- Washington, D.C. He was 76. onomics on a Fulbright Scholarship, and he The cause, a spokesman for the family Nixon on race relations caused another up- roar. Citing the raw feelings provoked by the lived well on it, the G.I. bill and later a job said, was complications of a ruptured appen- at an Air Force base. He started wearing a dix, which was removed on March 11 at the battles of the civil rights era, Mr. Moynihan suggested a period of rhetorical calm—‘‘be- bowler hat. He had a tailor and a bootmaker hospital, where he remained. and traveled widely, including a visit to Mr. Moynihan was always more a man of nign neglect’’ he called it—a proposal widely misinterpreted as a call to abandon federal Moynihan cousins in County Kerry, Ireland. ideas than of legislation or partisan combat. Work on his dissertation did not consume Yet he was enough of a politician to win re- programs to improve the lives of black fami- lies. him. In ‘‘Pat,’’ his 1979 biography, Doug election easily—and enough of a maverick Schoen described a 1952 visit by two former with close Republican friends to be an occa- Nonetheless, he could also be an effective legislator. In his first term he teamed with Middlebury colleagues: ‘‘Impressed at first sional irritant to his Democratic party lead- with his elaborate file cabinet full of index ers. Before the Senate, his political home Jacob K. Javits, his Republican colleague, to pass legislation guaranteeing $2 billion cards, they found that most of the cards were from 1977 to 2001, he served two Democratic recipes for drinks rather than notes on the presidents and two Republicans, finishing his worth of New York City obligations at a time when the city faced bankruptcy. In a International Labor Organization.’’ career in the executive branch as President Mr. Moynihan came home in 1953 and went brief turn leading the Environment and Pub- Richard M. Nixon’s ambassador to India and to work in the mayoral campaign of Robert lic Works Committee in 1991 and 1992 he suc- President Gerald R. Ford’s ambassador to F. Wagner. He went on to write speeches for cessfully pushed to shift highway financing the United Nations. W. Averell Harriman’s successful campaign toward mass transit—and get New York $5 For more than 40 years, in and out of gov- for governor in 1954, joined his administra- billion in retroactive reimbursement for ernment, he became known for being among tion in Albany and rose to become his chief building the New York State Thruway before the first to identify new problems and pro- aide. It was there he learned about traffic the federal government began the Interstate pose novel, if not easy, solutions, most fa- safety, which he described in a 1959 article in mously in auto safety and mass transpor- Highway System. Although Mr. Moynihan’s junior colleague The Reporter as a public health problem re- tation; urban decay and the corrosive effects quiring federal action to make automobile of racism; and the preservation and develop- for 18 years, Alfonse M. D’Amato, became known as Senator Pothole for his pork-bar- design safer. ment of architecturally distinctive federal A SEMI-MODEST PROPOSAL buildings. rel efforts of New York, Mr. Moynihan held Another former campaign worker who He was a man known for the grand gesture his own in that department. came to Albany was Elizabeth Brennan. Her as well as the bon mot, and his style some- MONUMENT OF BRICKS AND MARBLE desk and his were in the same room, and times got more attention than his pre- Long before he came to the Senate, and they grew friendly. Rather suddenly in early science, displayed notably in 1980 when he la- until he left, he was building a monument of 1955, when they had never dated, Mr. Moy- beled the Soviet Union ‘‘in decline.’’ Among bricks and marble by making Washington’s nihan did not formally propose but simply his last great causes were strengthening So- Pennsylvania Avenue, a dingy street where told her he was going to marry her. cial Security and attacking government se- he came to work for President John F. Ken- They married in May 1955, and she often crecy. nedy in 1961, into the grand avenue that said she married him because he was the fun- In the halls of academe and the corridors George Washington foresaw for the boule- niest man she ever met. of power, he was known for seizing ideas and vard that connects the Capitol and the White His wife survives him, as do their three connections before others noticed. In 1963, House. Nearly 40 years of his effort filled the children: Timothy, Maura and John, and two for example, he was the co-author of ‘‘Be- avenue with new buildings on its north side, grandchildren. yond the Melting Pot,’’ which shattered the including the apartment houses where he While he was an enthusiastic supporter of idea that ethnic identities inevitably wear lived, restored buildings on the south, and John F. Kennedy, work at Syracuse Univer- off in the United States. Then, on the day cafes and a sense of life all along. sity on a book about the Harriman adminis- that November when President Kennedy was Wherever he went, Mr. Moynihan explored tration and his Ph.D. kept his role in the shot in Dallas, he told every official he could interesting buildings and worked to preserve campaign sporadic. But Liz Brennan Moy- find that the federal government must take architectural distinction, from converting nihan organized the campaign efforts in the custody of Lee Harvey Oswald to keep him the main post office in Manhattan into the Syracuse area. alive to learn about the killing. No one lis- new Pennsylvania Station, to the Customs His Ph.D. in international relations finally tened. House at Battery Park and all around Wash- complete, he left Syracuse in 1961 for Wash- Friends also observed the intense sense of ington. Last year, over lunch and a martini ington and the Labor Department, rising to history he connected to immediate events. at Washington’s Hotel Monaco, an 1842 Rob- assistant secretary. One early research as- Bob Packwood, the former Republican sen- ert Mills building that was once the city’s signment on office space for the scattered ator from Oregon, recalled his Democratic main post office, he recalled how he had department gave him an opportunity to as- friend’s response in 1993 when a reporter on helped rescue it from decline into a shooting sert guiding architectural principles that the White House lawn asked what he thought gallery for drugs. have endured and produced striking court- of the signing of the Israeli-Palestinian Daniel Patrick Moynihan was born in houses: that federal buildings ‘‘must provide agreement to share the West Bank. ‘‘Well, I Tulsa, Okla., on March 16, 1927, the son of an visual testimony to the dignity, enterprise, think it’s the end of World War I,’’ he said, itinerant, hard-drinking newspaperman who vigor and stability of the American govern- alluding to the mandates that proposed Mid- moved the family to New York later that ment.’’ That same report enabled him to dle Eastern boundaries in 1920. year to take a job writing advertising copy. raise the Pennsylvania Avenue issue, and he Erudite, opinionated and favoring, in sea- They lived comfortably in the city and sub- was at work on development plans on Nov. son, tweed or seersucker, Mr. Moynihan con- urbs until 1937 when his father, John Moy- 22, 1963, when the word came that the presi- veyed an academic personality through a nihan, left the family and left it in poverty. dent had been shot in Dallas. chirpy manner of speech, with occasional Mr. Moynihan’s childhood has been pseudo- Beyond his failed efforts to protect Mr. Os- pauses between syllables. More than most glamorized by references to an upbringing in wald, Mr. Moynihan marked that grim assas- senators, he could get colleagues to listen to Hell’s Kitchen, which in fact he encountered sination weekend with a widely remembered

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.062 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4499 remark about the death of the president he were two ideas for which his time in the while he was in the Senate. When he arrived barely knew but idolized and eagerly fol- Nixon White House was known. in 1977, he found President Carter too soft in lowed. In 1970 he wrote to the president on race dealing with the Soviet Union and indif- On Sunday, Nov. 24, he said in a television relations, arguing that the issue had been ferent to its evil nature. interview: ‘‘I don’t think there’s any point in rubbed raw by ‘‘hysterics, paranoids and But he quickly came to believe that the being Irish if you don’t know that the world boodlers’’ on all sides. Now, he wrote, race Soviet Union was crumbling. In Newsweek in is going to break your heart eventually. I relations could profit from a period of ‘‘be- 1979 he focused on its ethnic tensions. In Jan- guess we thought we had a little more time.’’ nign neglect’’ in which rhetoric, at least, was uary 1980, he told the Senate: ‘‘The Soviet He added softly, ‘‘So did he.’’ toned down. In a return of the reaction to his Union is a seriously troubled, even sick soci- His first book, written jointly with Nathan paper on the Negro family, when this paper ety. The indices of economic stagnation and Glazer, had come out earlier that year. ‘‘Be- was leaked it was treated as if Mr. Moynihan even decline are extraordinary. The indices yond the Melting Pot’’ looked at the dif- wanted to neglect blacks. of social disorder—social pathology is not He may have invited that interpretation ferent ethnic groups of New York City and too strong a term—are even more so.’’ He by his quaintly glib language, but in fact Mr. scoffed at ‘‘the notion that the intense and added. ‘‘The defining event of the decade Moynihan was pushing an idea that might unprecedented mixture of ethnic and reli- might well be the breakup of the Soviet em- have been of vast help to poor blacks, and gious groups in American life was soon to pire.’’ blend into a homogeneous end product.’’ Eth- whites. That other idea for which he was known, the Family Assistance Plan, sought It was against that changed perception nicity persisted, they argued. that he was sharply critical of vast increases That concept won praise from the era’s to provide guaranteed income to the unem- in military spending, which, combined with leading historian of immigration, Harvard’s ployed and supplements to the working poor, the Reagan tax cuts, produced deficits that Oscar Handlin, who called it a ‘‘point of de- and together to stop fathers from leaving he charged were intended to starve domestic parture’’ in studies of immigrants. But in a home so their families could qualify for wel- spending. He called a 1983 Reagan proposal foretaste of academic criticism in years to fare. The president made a speech for the for cutting Social Security benefits a come, he said their methodology was some- program, sent it to Capitol Hill and let it times ‘‘flimsy.’’ die. ‘‘breach of faith’’ with the elderly, and ‘‘The Negro Family: The Case for National Afterward, though he remained on good worked out a rescue package that kept the Action,’’ a paper he wrote at the Labor De- terms with Mr. Nixon, Mr. Moynihan went program solvent for at least a decade into partment early in 1965, argued that despite back to Harvard in 1970. Resentment over his the 21st century. the Johnson administrations’s success in White House service chilled his welcome He also scorned the 1983 invasion of Gre- passing civil rights, laws, statutes could not back in Cambridge. His interests shifted to nada, the 1984 mining of harbors in Nica- ensure equality after three centuries of dep- foreign affairs—perhaps because the charges ragua and the 1989 invasion of Panama as rivation. He said the disintegration of black of racism left him no audience for domestic violations of international law, and voted families had reached a point of ‘‘social pa- policy, and made him welcome an appoint- against authorizing President George H. W. thology.’’ He wrote: ‘‘The principal challenge ment as ambassador to India, where he nego- Bush to make war against Iraq. It was not of the next phase of the Negro revolution is tiated a deal to end India’s huge food aid enough, he wrote in his book ‘‘On the Law of to make certain that equality of results will debt to the United States. He returned to Nations’’ in 1990, for the United States to be now follow. If we do not, there will be no so- Harvard to protect his tenure in 1975, but strong enough to get away with such actions. cial peace in the United States for genera- moved that year to the United Nations as The American legacy of international legal tions.’’ United States ambassador. norms of state behavior, he wrote, is ‘‘a leg- He cited black unemployment, welfare and There he answered the United States’ third acy not to be frittered away.’’ illegitimacy rates. His emphasis on families world critics bluntly, often contemptuously. But probably his worst relations with a headed by women led him to be accused of In his brief tenure he called Idi Amin, the president came when Bill Clinton and Hillary blaming the victims for their predicament, president of Uganda, a ‘‘racist murderer,’’ Rodham Clinton sought passage of national but in fact he wrote clearly, ‘‘It was by de- and denounced the General Assembly for health insurance. stroying the Negro family under slavery that passing a resolution equating Zionism with Certainly, the failure of health care legis- white America broke the will of the Negro racism: ‘‘the abomination of anti-Semitism lation was not primarily Mr. Moynihan’s re- people.’’ Now, he wrote, the federal govern- has been given the appearance of inter- sponsibility, but he had become chairman of ment must adopt policies especially in edu- national sanction.’’ After eight months of the Finance Committee in 1993, and health cation and employment, ‘‘designed to have struggles with Secretary of State Henry A. care fell within its jurisdiction. He said the the effect, directly or indirectly, of enhanc- Kissinger, who wanted a less confrontational administration should take on welfare re- ing the stability and resources of the Negro approach, he resigned in February 1976. form legislation first, and carped on tele- American family.’’ That made him available for a run for the vision about their health plan, quickly fixing He left the administration in 1965 as lib- Democratic nomination for the Senate, and on the role of teaching hospitals as the big- erals denounced his paper, and then ran for he edged out the very liberal Representative gest issue in health care. But otherwise he president of the New York City Council. He Bella Abzug in the primary before winning waited for Mr. Packwood and Senator Bob lost badly in the Democratic primary, but the general election easily over the incum- Dole of Kansas, the Republican leader, to went on to Wesleyan University and, in 1966, bent, James L. Buckley, the Republican-Con- propose a compromise. Mr. Dole had decided to Harvard as director of the Joint Center servative candidate. With his wife in charge all-out opposition was the better course for for Urban Studies and a tenured professor in of each campaign, he won three landslide re- his party, and they never did. elections. the Graduate School of Education. Mr. Moynihan’s career in the Senate was He set one high goal—a seat on the Fi- He spoke out against disorder, in urban marked not by legislative milestones but by slums and on select campuses. Speaking to nance Committee as a freshman—and reached it, along with a seat on the Intel- ideas. Even so, Senator Kennedy, the legisla- Americans for Democratic Action in 1967, he tive lion, once described him in 1993 as an ex- made it clear he though liberal pieties would ligence Committee. Early in office he joined Gov. Hugh L. Carey, Speaker Thomas P. emplar ‘‘of what the Founding Fathers not solve black problems. thought the Senate would be about,’’ because And in a passage that came to the eye of O’Neill Jr. and Senator Edward M. Kennedy of the New Yorker’s breadth of interests, the Republican presidential candidate Rich- of Massachusetts in a St. Patrick’s Day ap- ‘‘having read history, and thought about it, ard M. Nixon, he said liberals must ‘‘see peal to Irish-Americans to stop sending and being opinionated.’’ more clearly that their essential interest is money to arm the Irish Republican Army, in the stability of the social order’’ and whom he privately described as ‘‘a bunch of Mr. SCHUMER. As a fellow New ‘‘make alliances with conservatives who murderous thugs.’’ Yorker, I am going to speak of Pat share that concern.’’ When Nixon was elect- Every year he produced an analysis of fed- Moynihan as a builder. He was known ed, Mr. Moynihan made his alliance. He eral taxes and federal aid, known as ‘‘the as a thinker, but we forget he was also joined the White House staff as assistant to fisc,’’ which showed that New York was get- a builder, a builder of bricks and mor- the president for urban affairs. ting regularly shortchanged by Washington. He worked to reduce that imbalance, both tar, somebody who taught us in New That startled his friends, and his wife re- York and the country to think grandly fused to move to Washington. Mr. Moynihan, through Medicaid funding on the finance who never developed, even after Watergate, Committee and public works on the Environ- of public works once again. Those who the searing contempt for Mr. Nixon that ani- ment and Public Works Committee. knew Moynihan best say that is where mated so many contemporary Democrats, And his colleagues always knew he was his heart truly lay. explained that when the president of the around. Every day of the 2,454-day captivity The week after I won election for the United States asks, a good citizen agrees to of Terry Anderson, the Associated Press re- Senate, Pat Moynihan called me into porter captured by 1985 by the Hezbollah in help. Another biographer, Godfrey Hodgson, his office. He told me he would an- says that while Mr. Moynihan never stopped Lebanon, he would go to the Senate floor to remind his colleagues, in a sentence, just nounce he wasn’t going to run again. thinking of himself as a liberal Democrat, he He said: I am going to bequeath to you shared the president’s resentment of ortho- how many days it had been. dox liberalism. QUARRELED WITH WHITE HOUSE a gift. I am going to recommend that While his advice to the president to end After loyally serving four presidents, he my staffer Polly Trottenberg work for the war in Vietnam stayed private, there quarreled with those in the White House you. Well I took his advice and hired

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.045 S27PT1 S4500 CONGRESSIONAL RECORD — SENATE March 27, 2003 her to be my Legislative Director and He was responsible for the restora- at Government projects and pro- she has been with me ever since. He did tion of the spectacular Beaux-Arts Cus- grams—all of which Pat Moynihan had many nice things for me. That was cer- toms House at Bowling Green and for a tremendous effect on. tainly one of them. recognizing what a treasure we have in I join with every New Yorker and Because she worked so long and well Governors Island. every American in mourning Pat Moy- for him, I asked Polly today what Pat He is beloved in Buffalo, at the other nihan’s passing but celebrating his ex- Moynihan had regarded as his greatest end of our State, for reawakening the traordinary life, his extraordinary ca- accomplishment and she said some- city’s appreciation for its architectural reer, celebrating the extraordinary thing that surprised me. But when you heritage, which includes Frank Lloyd man himself. think about it, it should not be sur- Wright houses and the Prudential I give my heartfelt condolences to his prising. It was how he reclaimed Penn- Building, one of the best known early family—Liz and Timothy and Maura sylvania Avenue in this city and made skyscrapers by the architect Louis H. and John and his grandchilden, Mi- it big and grand and beautiful again Sullivan, a building which Moynihan chael Patrick and Zora—and count my- and how he lived out the rest of his helped restore and then chose as his self among the many others who will days there with his wonderful wife Liz. Buffalo office. miss him dearly. Pat Moynihan not only taught us to Moynihan has also spurred a power- Mr. President, I will end with a pray- think grandly about public works on ful and passionate popular movement, er. It is my hope, it is my prayer, that the national scale, he also taught us to which is gaining strength as he leaves God grant us a few more Pat Moy- cherish our cities, to make them lively us, in Buffalo to build a new signature nihans in this Senate, in this country, and beautiful, and none so more than Peace Bridge over the Niagara River. in this world. his two beloved cities, New York and His last project—one that I regret he I yield the floor. Washington. didn’t live to see completed—was his The PRESIDING OFFICER. The Sen- His groundbreaking work on Federal beloved Pennsylvania Station. In 1963, ator from New York. transportation policy remains without Pat Moynihan was one a group of pre- Mrs. CLINTON. Mr. President, I join equal. Pat Moynihan is the father of scient New Yorkers who protested the my colleague in expressing our sense of ISTEA, the Intermodal Surface Trans- tragic razing of our city’s spectacular loss at the passing of a man whom we portation Efficiency Act of 1991, the Penn Station—a glorious public build- knew, we admired, we respected, we en- most important piece of transportation ing designed by the Nation’s premier joyed. legislation since President Eisen- architectural firm of the time, McKim, Yesterday, we lost more than ‘‘The hower’s Federal Highway Act of 1956. Mead & White. Gentleman from New York.’’ We lost Pat Moynihan, as a social scientist, It was Pat Moynihan who recognized one of the great minds of America’s urban planner, and old-fashioned New years ago that across the street from 20th century. He devoted more than 50 York politician, helped change the what is now a sad basement terminal years of his life to public service in course of American transportation, that functions—barely—as New York order to build a better world. For Sen- weaning us from our highways-only ap- City’s train station, sits the James A. ator Moynihan, his service to his coun- proach that had destroyed so many Farley Post Office Building, built by try and to the State he loved was more urban neighbors. the same architects in much the same than his career. It was his calling. Instead, ISTEA encouraged so many grand design as the old Penn Station. For 24 years, New Yorkers had the communities to invest in other modes, Pat Moynihan recognized that since benefit of his intellect and his dedica- such as transit, rail, and even bipeds. I the very same railroad tracks that run tion on the floor of this Senate. When- ride a bike every Saturday around New under the current Penn Station also ever he headed to the Senate floor to York. It is another small way I thank run beneath the Farley Building, we speak, he kept the people of New York Pat Moynihan. could use the Farley Building to once close to his heart. And he came armed He provided citizens with far greater again create a train station worthy of with three signature items: his horn- say in what types of projects would be our grand city. rim glasses, a bow tie, and a great idea. built in their communities. ISTEA was He then did the impossible: He per- No one believed more in the power of especially important to New York. It suaded New York City, New York restoration than Senator Moynihan: enabled the State to restore some of State, the U.S. Postal Service, the U.S. Restoration of our cities as economic our most important but neglected pub- Department of Transportation, Am- and cultural centers; restoration of our lic works, such as the magnificent trak, congressional appropriators, and historic buildings as public places of Brooklyn Bridge as well as dream new President Clinton himself, to commit pride; restoration of the family, when dreams like I–86 across the southern to making this project succeed. And I given the proper tools to mend decades tier, and the Second Avenue subway. can tell you, I don’t think President of despair; restoration of our Govern- His passion and dedication to public Clinton even knew what hit him. ment to better serve its people. architecture is well known and dates Herbert Muschamp, the noted New It was Senator Moynihan who helped from his days as a young aide to Presi- York Times architecture critic, praised restore our sense of hope with his abil- dent Kennedy who, right before his the new Penn Station design, which ity to look at an abandoned building, a death, tasked Moynihan with restoring brilliantly fuses the classical elements neglected neighborhood, or an empty Pennsylvania Avenue here in Wash- of the Farley Building with a dramatic, school, and see not only what it could ington. Moynihan succeeded brilliantly light-filled concourse, when he wrote: become but how to make it so. in his task, with the final piece of He could ‘‘see around corners,’’ to In an era better known for the decrepitude Pennsylvania Avenue, the Ronald of its infrastructure than for inspiring new quote his Irish heritage. I always loved Reagan Building and International visions of the city’s future, the plan comes that phrase when applied to Pat Moy- Trade Center, unveiled a few years ago as proof that New York can still undertake nihan because it so aptly described his and instantly hailed as one of the best major public works. This is the most impor- unique ability to foresee how we might new buildings to grace the Capital. tant transportation project undertaken in address a difficult problem. Time after Of course, Senator Moynihan was New York City in several generations. time, he could see our Nation’s next also a leading force for architecture in We have Pat Moynihan to thank for pressing challenge—and its solution— New York. He was responsible for that and so many other things. even when it was decades away from building a beautiful Federal court- The epitaph given to Sir Christopher our own national conscience. house at 500 Pearl Street in Lower Wren, designer of St. Paul’s Cathedral His soul was anchored in the New Manhattan, which we were proud to in London, is an equally fitting epitaph Deal, but it was his ability to enhance name after him. Completed in 1994, the for Senator Daniel Patrick Moynihan: the social contract to meet the chal- Daniel Patrick Moynihan Federal ‘‘Si Monumentum Requiris lenges of the 20th and 21st century that Courthouse embodies the same spirit as Circumspice’’—‘‘If you would see this transformed the lives of millions of his previous architectural endeavors, man’s monument, look around.’’ New Yorkers and Americans. an extraordinary work of art inside and And not only look at the buildings, Whether it was Social Security, outside. look at people, look at highways, look Medicare, education, health care, the

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.063 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4501 environment, fighting poverty, or his- Senator Moynihan once said, in a passionate and thoughtful leader toric preservation, every issue illus- very Irish way: among leaders. trated what Senator Moynihan did Well, knowledge is sorrow really. A true American success story by best: He used the power of an idea as an He was right. The knowledge that he any calculation, Pat Moynihan rose engine for change. He was an architect no longer walks among us brings sor- from the rough neighborhood of New of hope. row to every New Yorker and Amer- York City’s Hell’s Kitchen to become It was Senator Moynihan who was ican. He grew up in Hell’s Kitchen, but one of America’s leading intellectuals. able to articulate that poverty in an he brought a bit of heaven to the Sen- He earned a bachelor’s degree, two urban setting was just as isolating and ate. We are grateful for his being masters degrees, a law degree, and a devastating as in a rural setting. This amongst us; his looking around those PhD as well as teaching appointments helped launch the war on poverty and corners, seeing further than any of us at Harvard, MIT, and Syracuse Univer- the idea that we now know as the could on our own. sity. earned income tax credit. Our thoughts and prayers go out to Pat Moynihan was much more than It was Senator Moynihan who real- his wonderful wife Liz, his children, his simply a man of letters. He, above all ized that States such as New York and grandchildren. We wish them strength, else, combined his intellectual capac- others across the Northeast contrib- and we want them to know that Pat ity with a strong sense of action; of uted more in taxes than we received Moynihan was a blessing, a blessing to getting things done. back from the Federal Government. the Senate, a blessing to New York, Pat Moynihan brought life to the no- This prompted what he called the FISC and a blessing to America. tion that ideas serve as the engine of Report, and his fight, which I carry on, I thank the Chair. democracy. Many of the most thought- to get New York its fair share. The PRESIDING OFFICER. The Sen- ful and progressive legislative pro- It was Senator Moynihan who looked ator from Connecticut. grams that have improved the lives of at our historic places—from Pennsyl- Mr. DODD. Mr. President, let me his beloved New York and all around vania Avenue right here in Wash- first of all commend both of our col- our Nation and across the globe for the ington, DC, to Penn Station in New leagues from New York, Senators past 40 years originated in the brilliant York City—and saw how saving these SCHUMER and CLINTON, for their very mind of Pat Moynihan. From pro- great monuments to the past held eloquent remarks about our former col- tecting underprivileged children, to meaning and purpose for our future. league and dear friend, Pat Moynihan. passionately defending the Social Se- It was Senator Moynihan, as chair- I know not only the Moynihan family curity system, to questioning Amer- man of the Senate Finance Committee, but the people of New York and others ica’s role in the world at pivotal mo- who helped write the 1993 Budget Act, around this great country who have ments in our history, Pat Moynihan’s pass the Economic Act, and the Deficit had the privilege of knowing and intellectual agility was only matched Reduction Act, that set the foundation spending time with Pat Moynihan by his desire to make America a better for the prosperity of the 1990s, lifted 7 deeply appreciate their comments and nation, a fairer nation, and a more suc- million Americans out of poverty, and their words. I join in expressing my cessful one. sent a clear message that the Federal deep sense of loss of a towering figure The description ‘‘renaissance figure’’ Government did its best work when it of American life, Senator Daniel Pat- is too liberally applied to people who did it responsibly, living within a budg- rick Moynihan, whom we all know don’t deserve it, in my view. That is et. Unlike what we have just seen here passed away yesterday. My heart cer- not the case with Pat Moynihan. He on the floor over the last several days, tainly goes out to Senator Moynihan’s truly was a renaissance figure, a person Senator Moynihan understood that a family at this most difficult time, his who could breeze easily and expertly Government which lived within its remarkable wife Liz and their three from issue to issue. He would expound means made real choices, not false children, Timothy, Maura, and John, upon what is needed to improve mass choices, and then putting it on a credit as well as the entire Moynihan family. transit systems nationwide one mo- card for our children to have to pay. All of us, every single American, ment, explain what is needed to It was Senator Moynihan who, in ad- even those who may never have heard achieve excellence in our public edu- dition to all of these domestic accom- his name or are unaware of his con- cation system in the next, and finish plishments, forged a new era of foreign tribution, lost a member of the family off with his latest idea to bring maj- policy for America with his work as in a sense with the death of Pat Moy- esty to the architecture along Pennsyl- Ambassador to India, and with his elo- nihan. That is because for more than vania Avenue, all in a very seamless quence on behalf of the United States, half a century, Pat Moynihan served way. speaking up during a contentious time the American people as a soldier, a I have heard the remarks of many of as Ambassador to the United Nations. teacher, as an author, an assistant to our colleagues and others over the last On a personal note, it was Senator four American Presidents, an Ambas- 24 hours in sharing their grief over the Moynihan who welcomed me to his sador to India and the United Nations loss of our friend. As I have read and farm in Pindars Corners on a picture- and, of course, a Member of this Cham- heard these remarks, in newspapers perfect July day in 1999 and offered his ber for 24 years, from 1976 to the year and public accounts, it struck me that support and encouragement, sending 2000. the words describing Pat Moynihan me on my way with a gesture of pro- Pat Moynihan, to those of us who that are being most repeated over and found kindness that I will never forget. knew him so well, was an intellectual over again are courageous, compas- A few months ago, Senator Moynihan giant who never lost sight of what sionate, principled, thoughtful, bril- came to see me in my office. It is the makes America tick, in its most funda- liant, and the like. office he was in for so many years. He mental way our nation’s people and our Few individuals have been so univer- sat with me, and we talked about the nation’s families. He had a deep appre- sally revered by so many here in Wash- issues confronting this Senate. I asked ciation and abiding of America’s fami- ington and across the Nation for their his advice. I told him I wanted to have lies as the backbone of our nation’s so- determination to make a difference in a chance to talk with him further cial and economic structure that has helping to steer our Nation in the right about so many of the challenges that provided us with stability and growth direction over a half century. That is are facing us. Unfortunately, that was and success for more than two cen- because for decades Pat Moynihan em- not to be. His illness prevented him turies. bodied the highest ideals and values of from coming back to the Senate and And he was, of course, an unparal- our Nation since its founding. This was from helping other Senators one last leled leader in pointing out weaknesses recognized by Democratic Presidents time. in America’s families and ways in and Republican ones alike. He served Today, we are all thinking of him which we might strengthen them. for both of them, and he served well. It and his family. We extend our condo- Generations of Americans, many of was recognized by every one of his Sen- lences, and our gratitude for the life he whom will never have known or pos- ate colleagues, regardless of party or lived, the example he set, and the sibly even have heard of Pat Moynihan, ideology, who had the great fortune to countless contributions he made. will reap the benefits of this most com- have worked with him in this Chamber.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.065 S27PT1 S4502 CONGRESSIONAL RECORD — SENATE March 27, 2003 Frederick Douglass once said: critical importance of these basic val- [was] the nation’s best thinker among The life of a nation is secure only while the ues and concerns about the deteriora- politicians since Lincoln and its best nation is honest, truthful, and virtuous. tion of these family values, long before politician among thinkers since Jeffer- For 40 years Pat Moynihan lent those others. He showed great foresight son.’’ Pat made a huge contribution to characteristics to the heart of the U.S. about our Constitution. One of the this body and its reputation. I will Government. Pat Moynihan’s death highlights for me in my service in the never forgot him. leaves a void in this Chamber, and in Senate was joining Senator Moynihan His wife, Liz, his children, grand- this country, that will not soon, if and Senator ROBERT BYRD in fighting children and the entire Moynihan fam- ever, be filled successfully against the line item veto ily are in our hearts and our prayers I would like to think that there will as a violation of our Constitution. And, today. Daniel Patrick Moynihan’s be more Pat Moynihan’s coming down he showed great foresight about the memory will continue to serve as an the pike, to serve in this Chamber, and world and the role of the United States inspiration to us all in the Senate fam- in other important capacities nation- in international affairs. His work at ily—as he was in life—to better serve wide. I would like to think that there the United Nations and in the Senate, the country that he loved so much. will be more individuals with the style, as a former chairman of the Senate Se- Mr. HOLLINGS. Mr. President, so and wit, and substance of Pat Moy- lect Committee on Intelligence, and as many Senators have spoken so elo- nihan to help guide our nation through chairman of the Finance Committee quently about the loss of Senator Moy- the multitude of complex issues we was marked by his perceptive, analyt- nihan; but no one has been listened to confront now and into the future. ical, and worldly view on trade, foreign in their speeches like they listened to I would like to think so, but the policy, and intelligence matters. Long our friend in the bow tie with the stac- truth is Pat Moynihan was one of a before others, Senator Moynihan was cato delivery. Standing in this Cham- kind. We will have to make due with- speaking of the economic and ulti- ber, he would overwhelm with his origi- out him. I only count my blessings mately military weaknesses of the So- nal thoughts, including overwhelming that I had a chance to serve with him viet Union and predicting its collapse— this Senator who had the good fortune in the United States Senate, and to at a time when most of the American to listen to his ideas for all 24 of his have been able to call him a friend. intelligence community was overesti- years here. I conclude my remarks by expressing mating its strength. The saddest part about losing our It is virtually impossible to list all of my deep sense of loss to Liz and the friend is we lose him when we need him Pat Moynihan’s accomplishments in rest of the Moynihan family. This most. the U.S. Senate. Among the most last- country has lost a remarkable indi- He was the authority on Social Secu- ing, however, will be his efforts on be- vidual, a person who made significant rity, just when we need someone to half of architectural excellence in the contributions to the health and well- stand up and expose the numbers that Nation’s Capital. He was a crucial force being of this Nation. But to those of us these voodoo tax cuts are taking out of behind the return to greatness of the who had the joy of serving with this de- the Social Security trust funds. He was Pennsylvania Avenue corridor between lightful man from Ireland, we have lost the United Nations Ambassador who the U.S. Capitol and the White House, spoke bluntly, just when we need a guy a wonderful friend, someone we will the restoration of Washington’s beau- with an opinion to straighten out those miss with a great sense of loss for the tiful, elegant, and historic Union Sta- people up in New York. He was the ar- rest of our lives. tion, and the construction of the I express my gratitude and those of chitect who turned Pennsylvania Ave- Thurgood Marshall Judiciary Building my family to the Moynihan family, the nue into a grand boulevard, just when here on Capitol Hill. people of New York, and to our col- And Pat could pack a punch, wielding we need someone to figure out how to leagues and staffs and others who his sharp sense of humor as a dev- protect against terrorism and not undo worked with him during those four dec- astating weapon as when, in 1981, when the beauty he brought to this city. ades of public service. the plastic covering used to protect the Right to the point: he was from the I yield the floor. workers on the then-new Hart Senate world of intellect, not from the non- Mr. LEVIN. Mr. President, today is a Office Building was removed. No fan of sense poll watchers. This Senator will very sad day for America and for those the lack of architectural merit of the miss the gregarious big man with the of us who served in the United States Senate’s newest office building, he sug- biggest of the big ideas, who neverthe- Senate with one of its most visionary gested that the plastic be immediately less got things done in this Chamber. and accomplished members, a great put back. He commented, ‘‘Even in a My wife Peatsy joins me in extending man, a great American, Senator Daniel democracy, there are things it is as our deepest sympathy to his wonderful Patrick Moynihan of New York, who well the people do not know about wife Elizabeth and their family. died yesterday. their Government.’’ The PRESIDING OFFICER. The Sen- It stretches the mind just to think of The author or editor of eighteen ator from Massachusetts. all of the important positions that Pat books, Senator Moynihan was at the Mr. KENNEDY. Mr. President, our Moynihan held, including Cabinet or forefront of the national debate on dear colleague, Pat Moynihan, was a sub-Cabinet posts under four Presi- issues ranging from welfare reform, to true giant in the Senate, and his loss is dents: John Kennedy, Lyndon Johnson, tax policy to international relations. deeply felt by all of us who knew him Richard Nixon, and Gerald Ford. He His most recent book, written in 1998, and admired him. He was a brilliant served as Ambassador to India in the ‘‘Secrecy: The American Experience’’ statesman and legislator, and he was 1970s and then as U.S. Ambassador to expands on the report of the Commis- also a wonderful friend to all the Ken- the United Nations. He came to the sion on Protecting and Reducing Gov- nedys throughout his extraordinary ca- United States Senate in 1977 already a ernment Secrecy of which he was the reer in the public life of the nation. scholar, author and public official of Chairman. This is a fascinating and Forty-two years ago, President Ken- great distinction and renown. In the 24 provocative review of the history of the nedy enlisted many of the finest minds years he spent here, he only greatly ex- development of secrecy in the govern- of his generation to serve in the New panded his enormous reputation and ment since World War I and argument Frontier. Among the outstanding body of work. Pat Moynihan was a Sen- for an ‘‘era of openness.’’ young men and women who answered ator’s Senator. Over the years, he At home in New York, in a State his call was the brilliant young Irish- earned the respect of every Member of which is known for its rough and tum- man who became a special assistant to the Senate—and we all learned a great ble politics, he demonstrated leader- Jack’s Secretary of Labor—and then an deal from him. ship again and again, exercising the Assistant Secretary of Labor himself— Pat Moynihan was a person who power of intellect and the ability to Daniel Patrick Moynihan. On that showed tremendous vision throughout rise above the fray. That has been a snowy Inauguration Day in January his life. He showed foresight about the wonderful contribution not just to New 1961, the torch was passed to that new importance of a strong family and York but to all of America. generation of Americans, and Pat Moy- about the importance of strong com- The ‘‘Almanac of American Politics’’ nihan helped to hold it high in all the munities in America. He raised the once noted ‘‘Daniel Patrick Moynihan years that followed.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.073 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4503 Pat leaves an outstanding legacy of And in doing so, he earned well-de- public career—once again front page extraordinary public service and bril- served renown and respect from all of news. Newspapers across the nation— liant intellectual achievement that all us in Congress on both sides of the and indeed, around the world—are of us are proud of, and that President aisle, from Republican and Democratic filled today with accounts of Senator Kennedy would have been proud of, too. administrations alike, from political Moynihan’s life and work. Throughout his remarkable career, thinkers, foreign policy experts, and What has been written in just the Pat was on the front lines on the great leaders of other nations as well. short time since his death yesterday social, political, and cultural chal- In a world of increasing specializa- afternoon reminds us how extraor- lenges of the day. To know him was to tion, there was no limit to his interest dinary pat Moynihan really was. love him—the remarkable intellect, or his intellect or his ability. In so The New York times—the newspaper the exceptional clarity of his think- many ways, he was the living embodi- Senator Moynihan read religiously ing—the abiding Irish wit that im- ment of what our Founding Fathers every day, from cover to cover, we are pressed and enthralled us all so often. had in mind when they created the told—reported that he ‘‘brought a We were not alone. Pat’s qualities and United States Senate. And he did it all scholar’s eye for data to politics and a achievements captivated, educated, without ever losing his common touch, politician’s sense of the real world to and inspired an entire generation of because he cared so deeply about the academia.’’ Americans. millions of citizens he served so well, The Washington Post noted that he All of us in Congress and around the the people of New York. ‘‘pursued with distinction enough ca- Nation learned a great deal from Pat, One of my own happiest associations reers for half a dozen men of lesser tal- and we will miss him dearly. His wis- with Pat was our work together to end ents and imagination: politician, presi- dom and experience contributed im- the violence in Northern Ireland and dential adviser, diplomat, author, pro- mensely to the progress our country bring peace to that beautiful land of fessor, public intellectual.’’ has made on a wide variety of issues. our ancestors. Pat and I worked closely In talking about Senator Moynihan We loved the professor in him. with Tip O’Neill and Hugh Carey on with colleagues and friends last night It was not unusual for Senators on that issue, and they called us the and today, it strikes me that everyone both sides of the aisle to come to the ‘‘Four Horsemen.’’ seems to come back to one idea: People Senate floor to hear Pat speak—Sen- Pat believed very deeply in that like Pat Moynihan simply do not come ators sitting like students in a class, cause and in all the other great causes along every day. trying to understand a complex issue he did so much to advance during his I said yesterday that he seemed larg- we were struggling with. long and brilliant career. Whether serv- er than life. He was also, truly, one of The whole Senate loved and re- ing in the Navy or as professor, adviser a kind. Senator Moynihan’s myriad spected Pat. As he often said, ‘‘If you to Presidents, Ambassador, or Senator, public accomplishments are being—and don’t have 30 years to devote to social Pat brought out the best in everyone will no doubt continue to be—well doc- policy, don’t get involved.’’ He dedi- he touched, and his mark on earth will umented. cated his brilliant mind and his beau- be remembered forever. Today, I want to add to what has tiful Irish heart to that challenge, and At another dark time in our history, been said in the press and on this floor America is a stronger and better and after President Kennedy was taken some of the less-frequently mentioned fairer nation today because of his con- from us, Pat said, ‘‘I don’t think things that made Pat special to those tributions. With his great insight, and there’s any point in being Irish if you of us who had the privilege to know wisdom, he skillfully questioned the don’t know that the world is going to him and work with him. way things worked, constantly search- break your heart eventually.’’ Pat’s Pat Moynihan enlivened the Senate. ing for new and better ways to enable loss breaks all our hearts today, and He did so in many ways, but there are all Americans to achieve their dreams. we know we will never forget him. We three in particular that come to mind In the 24 years Pat served with us in never forgot the lilt of his Irish laugh- for me today. the Senate, he was the architect of ter that stole our hearts away. First was the way he applied his en- many of the Nation’s most progressive My heart goes out to Liz and the en- cyclopedic mind to the deliberations of initiatives to help our fellow citizens, tire Moynihan family. We will miss Pat the Senate. In our Democratic caucus especially those in need. He left his very much, and we will do our best to meetings, in committee hearings, and mark on virtually every major piece of carry on his incomparable work to here on the floor, he elevated our dis- domestic policy legislation enacted by make our country and our world a bet- course. He would make a point, and Congress. ter place. drive it home, by drawing on his sweep- He had a central role in shaping the Mr. President, I suggest the absence ing knowledge of history, literature, debate on welfare reform, and he was a of a quorum. poetry, and the arts. He could quote visionary when it came to protecting The PRESIDING OFFICER. The from hundreds of sources—from mem- and strengthening Medicare and Social clerk will call the roll. ory. Security. He spearheaded the major The bill clerk proceeded to call the Listening to Pat speak extempo- transportation legislation that pro- roll. raneously, you might be treated to ver- vides indispensable support for high- Mr. DASCHLE. Mr. President, I ask batim quotes from Disraeli or Church- ways throughout the country and for unanimous consent that the order for ill, Yeats or Robert Frost, Dylan mass transit in our cities. the quorum call be rescinded. Thomas, Evelyn Waugh, Arthur Conan An important part of Pat’s legacy is The PRESIDING OFFICER. Without Doyle, or Shakespeare. He always had the restoration of Pennsylvania Ave- objection, it is so ordered. just the right quote to support his ar- nue, which my friend and colleague, Mr. DASCHLE. Mr. President, I gument, and he always quoted accu- Senator SCHUMER, referenced—the na- spoke briefly last night of the sorrow rately. tion’s principal thoroughfare. The key we all felt on hearing that our former In once read that the staff of the to that dream was the preservation of colleague, Daniel Patrick Moynihan, Shakespeare Theater here—where Pat Lafayette Park, right across from the passed away. This afternoon, I join was a frequent patron—often noticed White House. Jackie Kennedy Onassis with Senators SCHUMER, CLINTON, KEN- him silently mouthing the words of the put forward the vision that she and Pat NEDY, DODD, and others to return to the play—as the actors spoke them. shared to preserve that famous na- floor to say a bit more for the record A second gift of Pat’s that we all tional square and the townhouses that about this truly remarkable man and treasured was his ready sense of surround it, which are such a vital part about how much the Senate and the humor. It was a puckish, mischievous of our history and our architectural Nation will miss him. wit, and it never failed to surprise and heritage. Opening this morning’s newspapers amuse us. Throughout his career, Pat worked at a time when news of the war in Iraq I remember when the Hart Senate Of- brilliantly, effectively, tirelessly, and seems to eclipse all else, I found it fit- fice Building was completed. Pat was with great political skill, to promote ting that Daniel Patrick Moynihan never an admirer of the architecture of the highest values of public service. was—as he was so often during his long the Hart Senate Office Building. In

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.074 S27PT1 S4504 CONGRESSIONAL RECORD — SENATE March 27, 2003 fact, he thought it was downright ugly. with him rather strongly, but you serving with a lot of men and women When the building was finished and the knew if Pat Moynihan spoke, it was who have since retired from this body. construction tarp was taken down, Pat going to be worth listening to. If you He was one of those people. introduced a resolution saying the tarp did not agree with him, you were going That was a great trip to the Persian should be put back up. to have to work hard to counter it. Gulf. We spent a lot of hours in flight Pat also knew how to use his wit to I had some disagreements with the and spent a lot of hours in conversa- disarm. He was famously blunt and di- distinguished Senator from New York. tion, which was truly enlightening to rect with the press. But he also knew As a matter of fact, in the 1992 highway this Senator from a rural State such as how to use humor to avoid questions he bill, I had a spectacular confrontation Montana. Our relationship grew from preferred not to answer. with him. We disagreed over a court- that point, and I realized what a mar- Nearly every week, he invited the house that was included in the highway velous man he really was. New York press corps into his office in bill. Thereafter, we became very good He was a man true to his faith and the Russell Building for coffee and to friends, and I think as a result of our principles. His intellect stood him answer questions. If he chose to, he rather tumultuous getting acquainted, apart from most men I have ever could crack a hilarious joke and have I had the opportunity to spend a good known, but he coupled that intellect the press in stitches. By the time they bit of time with him. with good old-fashioned common sense got through laughing, they had forgot- We were neighbors in an area of the and deep wisdom. ten the question altogether. Capitol where we both had workspaces. The subject matter of the conversa- Finally, Pat Moynihan was a fierce I spent a number of evenings enjoying tion did not make any difference. He Senate institutionalist—a quality that a discussion with him as we watched could relate to anyone on a common endeared him to me, to Senator BYRD, the debates on the floor of the Senate. ground. The ability to communicate and to so many of us. His ability to discuss and have insight- with anybody who is not blessed with Pat Moynihan loved and revered this ful observations about so many sub- the same amount of institutional infor- institution—much as he loved and re- jects was truly impressive. If I ever mation or knowledge of any issue that vered public service. met a Renaissance man, it was Pat may confront policymakers on a daily His respect for the Senate showed Moynihan. basis is a wonderful talent. He was one itself in many ways, from his stout de- I will give one example. Everybody I held in high esteem, as he was one of fense of Senate powers and preroga- knows the great role he played in revi- the most intelligent men I have ever tives to his keen interest in the archi- talizing Pennsylvania Avenue and the known. It is unusual to find a person of that tectural preservation of the Capitol leadership he provided. He was a great caliber to be blessed with a great sense Building and its environs. student of architecture. One of the of humor, and to put it on our level. He Pat had a sentimental side, as many projects we worked on in Missouri was was quick, and his humor would sneak of us do, when it came to this building. saving the Wainwright Building, the up on you. A man of his own style, very On special occasions, he loved to first steel-framed skyscraper designed comfortable with himself, his presen- present friends with a gift of sandstone by Louis Sullivan. I mentioned it to tations on the floor, in committee, or bookends made from the old East him one day. He proceeded to give me in public were strictly Pat Moynihan. Front of the Capitol. With each presen- a short course in architecture and the We shall miss his voice on the floor of tation of those treasured stones, Pat role of Louis Sullivan and his drafts- the Senate for several reasons, and loved to tell an elaborate story about man, Frank Lloyd Wright, which went printed words cannot describe that dis- the political intrigue surrounding the far beyond the knowledge I had of the tinct sound. extension of the East Front in the building in St. Louis. As a student of I notice my friend from West Vir- 1950s. architecture, as a student who appre- ginia is in the Chamber. Senator Moy- These are just a few of the special ciated the benefits architecture brings nihan sat only two seats behind Sen- things that come to mind as we reflect to the quality of life, he was absolutely ator BYRD. on the unique life and legacy of our without peer. We can hear him today say: Mr. friend and former colleague. There were many other issues, and I President, may we have order. I said last night that in losing Pat know my colleagues will have many That was distinctly a call we all Moynihan, New York and the Nation thoughts to share about him, but I knew, understood, and respected. I have lost a giant. And, as Winston wanted to rise to say to those he leaves shall miss him. I shall never forget Churchill once said of another great behind that he was truly an out- him. Whatever accolades he may re- patriot, we shall not see his like again. standing servant, one whose friendship ceive, he earned every one. On behalf of the entire United States and whose insights and experiences I I yield the floor. Senate, I again extend sincerest condo- personally will always hold dear. I The PRESIDING OFFICER. The Sen- lences to Pat’s beloved wife and part- know this body is far richer for his ator from West Virginia. ner, Liz, to their children, Tim, John, presence and his service. Mr. BYRD. Mr. President: and Maura, and to their grandchildren, I thank the Chair. I yield the floor. There is a Catskill eagle in some souls that Zora and Michael Patrick. The PRESIDING OFFICER. The Sen- can alike dive down into the blackest gorges We thank them for sharing so much ator from Montana. and soar out of them again and become invis- of their husband, father and grand- Mr. BURNS. Mr. President, I also rise ible in the sunny spaces. And even if he for- father with us. Our thoughts and pray- to join with my colleagues on the pass- ever flies within the gorge, that gorge is in the mountains; so that even in his lowest ers are with them at this hour. ing of Pat Moynihan. Where does one swoop, the mountain eagle is still higher I yield the floor. start when a friend and colleague than other birds upon the plain, even though The PRESIDING OFFICER. The Sen- leaves us? they soar. ator from Missouri. When Senator Moynihan retired from I was saddened to learn last night of Mr. BOND. Mr. President, I rise the Senate, where he served our coun- the death of one of the most educated, today to join my colleagues to mourn try and his State so well, he really did most versatile, and most gifted persons the passing of and express respect and not leave us. Now in this, his last tran- ever to bless this Chamber, and one of admiration for the service of our sition, he will not leave us. He left so my favorites, our former colleague, former colleague, Daniel Patrick Moy- much of himself with us. His words will Senator Daniel Patrick Moynihan. nihan, whom we recently lost. remain with us for years to come. With doctorate and law degrees from Before I came to this body, I had I did not join the Senate until 1989. the Fletcher School of Law and Diplo- heard a great deal about Pat Moy- Being on the opposite side of the macy, he was a Fulbright scholar and nihan. Who had not? If you followed aisle—I was one who had not earned his the author of a number of sometimes Government, if you were interested in spurs yet—I did not have the oppor- controversial, but important, books. policy, Pat Moynihan probably said tunity to get to know him until we He held academic positions at several something that was very important. He went on a trip together to the Persian of our country’s most prestigious uni- was way ahead of his time on some Gulf during Desert Shield in 1990. I can versities, including Syracuse, Harvard, issues. On other issues, I disagreed say my life has been richly blessed and MIT.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.050 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4505 Unable to settle into an academic gogues fear and like to portray but a Men who serve not for selfish booty; life, Pat Moynihan went on to serve in positive, creative force in American But real men, courageous, who flinch not at high positions in the administrations life that has helped all Americans to duty. of Presidents John F. Kennedy, Lyndon enjoy better, safer, and more produc- Men of dependable character; Men of sterling worth; Johnson, Richard Nixon, and Gerald tive lives. Then wrongs will be redressed, and right will Ford—making him the first and only Senator Moynihan retired from the rule the earth. person to serve in the Cabinet or sub- Senate in the year 2000. But he was one God Give us Men! cabinets of four successive administra- of those Senators who was so much a Mr. President, those of us who knew tions. His Government work included part of this institution that he has Daniel Patrick Moynihan, especially serving as the American Ambassador never really left it. I still look over at those of us who served with him here in to India and as the United States Per- his seat and sit in my own and turn it the Senate, will remember his ‘‘strong manent Representative to the United in that direction and listen to him. I mind,’’ his ‘‘great heart,’’ his ‘‘true Nations. can hear him; I can still see him. Yes, faith,’’ and his ‘‘ready hands.’’ We will Even with this background, and these just like I still see Richard B. Russell remember him as a man of ‘‘dependable accomplishments, Daniel Patrick Moy- who sat at this seat and who departed character’’ and ‘‘sterling worth.’’ nihan still refused to rest. In fact, his this life on January 21, 1971; like I can Thank you, God, for giving us Sen- greatest work, I might even go so far still see Everett Dirksen, that flamboy- ator Daniel Patrick Moynihan. as to say his destiny, was still ahead. ant Republican orator and leader; as I I yield the floor and suggest the ab- In 1976, he was elected to the first of can see Lister Hill of Alabama, and the sence of a quorum. four terms in the United States Senate. other great lawmakers with whom I The PRESIDING OFFICER. The I was then the Democratic whip. I have had the privilege and the honor of clerk will call the roll. knew I was going to be the next Senate serving. The assistant legislative clerk pro- majority leader, so I welcomed Pat I look over there and see his unruly ceeded to call the roll. Moynihan to the Senate and assured hair, his crooked bow tie, his glasses Mr. BROWNBACK. Mr. President, I him I would do my best to see that he that always seemed about to fall off his ask unanimous consent that the order got appointed to the Senate Finance face, and that unforgettable Irish twin- for the quorum call be rescinded. Committee. That is where he wanted to kle in his eyes. The PRESIDING OFFICER. Without go. But I have missed his incredible objection, it is so ordered. So it was in this chamber that the grasp of the issues. I have missed his Mr. BROWNBACK. I ask unanimous talents, the skills, and the powerful in- intellectual vigor, and his incisive wit consent to speak as in morning busi- tellect of this philosopher-statesman and wisdom. In these difficult and try- ness for 10 minutes. shined the brightest. ing times, I, and the Senate, have sore- The PRESIDING OFFICER. Without It was more than his outstanding ly missed his innate sense of fairness, objection, it is so ordered. work as a Senator from a large and and his unbounded and unqualified de- Mr. BROWNBACK. Mr. President, I powerful State. termination to do the right thing re- rise today to join my colleagues in of- It was more than his outstanding gardless of political party or political fering a tribute to the late distin- work as chairman of the Senate Envi- consequences. As I said when he retired guished Senator Patrick Moynihan, a ronment and Public Works Committee from the Senate, ‘‘His conscience is his role model, an inspiration, a friend, and as chairman of the Senate Finance compass. . . . Senator Moynihan states and my fellow Senator. I can only hope Committee. facts, the cold, hard truths that many that with my poor speaking skills, in It was that he was a visionary with others in high places refuse to face and comparison certainly to his, I can do the strongest sense of the pragmatic, that some are unable to see.’’ justice to his many virtues and innu- an idealist with the most profound Senator Moynihan lived the lifetime merable contributions he made to this grasp of what was practical, an inter- of ten mortals. An author, ambassador, Nation. I know today many of my col- nationalist who always put our country a college professor, an outstanding leagues are lauding him for his prin- first. With his keen and profound his- public servant, and a great United cipled stands, even if it meant feeling torical perspective and his incredible States Senator, he accomplished so exiled in Siberia. He many times breadth of knowledge ranging from much. He leaves an indelible mark on fought the lonely and oftentimes frus- taxes to international law, he had the this country. His legacy is intact. His trating fight, but he knew what was uncanny ability to make us confront was a creative and successful life. And, right and that sustained him through issues that needed to be confronted, he was blessed with a wonderful and the years of criticism and controversy and to cut to the core of a problem and gracious wife, Elizabeth. My wife, and, ultimately, was normally proven then help us to solve it. Erma, and I extend our deepest and right. He was a great role model. A person and a Senator not only of heartfelt condolences to Pat’s entire high intellectual quality, but also high In fact, when I first met the Senator family. from New York, one of the things that intellectual honesty, Senator Moy- I close my remarks by reciting the nihan took on the complicated and po- came to my mind was what the Ger- immortal words of Josiah Gilbert Hol- man poet, Johann Wolfgang von Goe- litically sensitive issues, like Social land: Security, health care, and welfare re- the, once said: God give us men! Talents are best nurtured in solitude; char- form, with passion and compassion; he A time like this demands strong minds, took on these mighty subjects with de- acter is best formed in the stormy billows of great hearts, true faith, and ready hands. the world. termination and foresight and with un- Men whom the lust of office does not kill; flinching integrity. Men whom the spoils of office cannot buy; He also said: I have never forgotten, and will never Men who possess opinions and a will; He who is firm and resolute in will, molds forget, our valiant fight together to Men who have honor; men who will not lie. the world to himself. challenge and defeat the line-item Men who can stand before a demagogue I can’t think of anybody to which veto. I wish he were here now. This was And brave his treacherous flatteries without this statement applies better than to one of his many struggles to preserve winking. Senator Moynihan. He has always been and to protect our constitutional sys- Tall men, sun—crowned; willing to stand upon his principles, in tem. We need more Pat Moynihans who Who live above the fog, solitude if necessary, to weather the would take an unflinching stand for In public duty and in private thinking. stormy billows of the world, to truly the Constitution and this institution. For while the rabble with its thumbworn mold the world to himself. creeds, He truly believed in our Constitution It’s large professions and its little deeds, He has been someone who has been just as he truly believed in the mission mingles in selfish strife, the epitome of being firm and resolute as well as the traditions, the rules, and Lo! Freedom weeps! in will, no matter the criticism, the the folkways of the United States Sen- Wrong rules the land and waiting justice controversy or the circumstances. ate. He knew that the American Gov- sleeps. In fact, when he first wrote his report ernment is not the monster that dema- God give us men! to President Johnson, for example, 40

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.104 S27PT1 S4506 CONGRESSIONAL RECORD — SENATE March 27, 2003 years ago, highlighting the rising out- pleasure of participating in seeing. The commencement speech at Har- of-wedlock birthrates that were taking Senator Moynihan was all of this and vard, 2002, is entitled ‘‘Civilization place in the country, he felt that this much, much more. Need Not Die’’ by Daniel Patrick Moy- threatened the stability of the family, He was often described as the great nihan: particularly minority families, one of statesman of the Senate, a breed that Last February, some 60 academics of the the building blocks of our society. He seems more and more difficult to find widest range of political persuasion and reli- was roundly attacked at that time. in politics. He was always a steadfast gious belief, a number from here at Harvard, Rather than seeing this report rightly defender of American principles. He including Huntington, published a manifesto: was also someone who brought dignity, ‘‘What We’re Fighting For: A Letter from as a chilling foreboding of problems to America.’’ come, people chose to turn a blind eye character, and humor to this body. He It has attracted some attention here; per- to the truth upon which he so correctly has been and always will be the role haps more abroad, which was our purpose. shed light. Now we have reached a model of the true statesman. Our references are wide, Socrates, St. Augus- stage where the out-of-wedlock birth- In the Second Epistle to Timothy, tine, Franciscus de Victoria, John Paul II, rates in all the communities in our Paul writes: Martin Luther King, Jr., Alexander Sol- country have reached dangerous pro- I have fought the good fight, I finished the zhenitsyn, the Universal Declaration of Human Rights. portions, and everyone is in agreement course, I have kept the faith. Senator Moynihan certainly did so. We affirmed ‘‘five fundamental truths that about exactly how dangerous this is. pertain to all people without distinction,’’ How many times we have heard, All of us here and across the Nation beginning ‘‘all human beings are born free ‘‘Patrick Moynihan was right.’’ How have benefited. and equal in dignity and rights.’’ many times should we have had to hear Mr. President, I yield the floor, and I We allow for our own shortcomings as a it said? Senator Moynihan always un- suggest the absence of a quorum. nation, sins, arrogance, failings. But we as- derstood the overriding importance of The PRESIDING OFFICER. The sert we are no less bound by moral obliga- the truth, of ensuring that there is sub- clerk will call the roll. tion. And finally, . . . reason and careful The legislative clerk proceeded to moral reflection . . . teach us that there are stance behind one’s politics and not call the roll. times when the first and most important just words. He showed this time and Mr. FRIST. Mr. President, I ask reply to evil is to stop it. time again. unanimous consent that the order for But there is more. Forty-seven years ago, For example, one of the most impor- the quorum call be rescinded. on this occasion, General George C. Marshall tant chapters of our Nation’s story of The PRESIDING OFFICER (Mr. summoned our nation to restore the coun- tries whose mad regimes had brought the human freedom and dignity is the his- CHAMBLISS). Without objection, it is so tory and legacy of the African-Amer- world such horror. It was an act of states- ordered. manship and vision without equal in history. ican march towards freedom, legal Mr. FRIST. Mr. President, as we equality, and full participation in History summons us once more in different bring to a close what has been a very ways, but with even greater urgency. Civili- American society. Senator Moynihan productive week over the last 4 days zation need not die. At this moment, only understood the importance of this his- here in the Senate, we have had ups the United States can save it. As we fight tory, which is why in the 102d Congress and downs and a lot of very productive the war against evil, we must also wage he championed the effort to create a debate. Many sad events have been peace, guided by the lesson of the Marshall National African American Museum, a talked about on the floor, and many Plan—vision and generosity can help make vital project upon which Congressman happy events have actually been talked the world a safer place. LEWIS and I now have spent several about on the floor, with the range from Those are the words of Daniel Pat- years working and which we hope to the death of Daniel Patrick Moynihan, rick Moynihan, again, in 2002. They re- get to completion. an icon who has spoken so many times flect very much the global thinking, With Senator Moynihan’s leadership, from this floor to the American peo- the compassion, the integrity, the fore- at that time the museum idea success- ple—indeed, to the world—to the many sight of this great icon in this body. fully passed the Senate but, unfortu- comments made in morning business f nately, did not pass the House and to over the course of this week paying SUPPORTING COALITION TROOPS this day we picked up his mantle and tribute to our men and women, our sol- are still working on it. diers overseas; a resolution today com- Mr. FRIST. Mr. President, I want to Senator Moynihan understood why it mending the coalition of allies who take just one final moment and com- was so critical to honor this history, support the United States and our Brit- ment on our troops overseas. President truly the history of not just African ish friends in the efforts that are un- Bush and Prime Minister Blair met Americans but of our Nation. His com- derway as I speak today; all the way to today at Camp David, just a few hours mitment was key to the first efforts. a budget that is a culmination, in ago. Today we passed in this Senate As I seek to move forward the legis- many ways, of weeks and weeks of unanimously a Senate resolution to lation to create the museum, I am hon- work as we have defined the priorities commend the members of the coalition ored that I am now carrying on the of this body in spending the taxpayers’ for their support of this noble cause. work he began in this body. It cer- dollars for the foreseeable future—a On this day of Prime Minister Blair’s tainly makes for very big shoes to fill, first step, the culmination of a lot of visit, I want him to know, and I want but I am only hopeful that in his mem- debate and discussion as we go through the RECORD to reflect, that the Senate ory I may do just efforts justice. our conference with the House over the and the American people are grateful Billy Graham once said: next several weeks. for his courage, for the courage of the Courage is contagious. When a brave man We had a lot of ups and a lot of downs British people and, above all, for the takes a stand the spine of others are often but a lot of progress, and we are doing courage of the British troops fighting stiffened. the Nation’s business at the same time shoulder to shoulder with the Amer- This was always true when we associ- we are paying respect to the incidents ican troops in Iraq. ated with Senator Moynihan. Some- that are playing out before us in the We have seen more evidence of the how, people seemed to stand a little international and domestic realm. Last brutal tactics of Saddam Hussein’s re- taller, act more resolute. They even ar- night I had the opportunity of intro- gime: Iraqi soldiers dressed in civilian gued better. No one could ever out ducing the resolution, along with Sen- clothes; Iraqi soldiers surrendering and argue Senator Moynihan, but somehow ator DASCHLE, paying respects to Sen- then firing on coalition forces; mili- the challenge of having such a talented ator Moynihan and, as I mentioned in tary equipment placed in residential opponent made one’s own skills sharp- my opening comments today, once areas and near cultural sites; even re- er. again, the great legacy that he leaves ports of Iraqi soldiers using women as There is so much more to my friend, all of us. shields and giving weapons to children. though, than what is so obviously and I would like to pay one final tribute These and other horrific acts that we publicly known. For example, so many to him, and read just a few paragraphs have been able to witness firsthand as of us here experienced his wonderful from the commencement speech he they played out over the last 7 days and robust sense of humor, something I gave at Harvard in 2002, which has pre- lead us only to strengthen our coali- wish everyone could have had the viously been printed in the RECORD. tion’s resolve. Let there be no doubt,

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.106 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4507 we are engaged in a just war against After the first full week of the con- The Geneva Convention, relevant to evil. flict, the allied forces have pushed well the protection of civilian persons in We continue to see the courage of our into the country, liberating Iraqi popu- time of war, states that the occupying troops. I am especially proud as a Ten- lations across western and southern power is also responsible for estab- nessean of the 101st Airborne out of Iraq. These developments, then, raise lishing a direct system of administra- Fort Campbell. It is Fort Campbell, an issue that must be explored and dis- tion and maintaining the public order. KY. But if you look on a map, you see cussed before we obligate taxpayers’ The key restriction to the use of almost all of it—I have to be careful— money to rebuilding Iraq; that is, with Iraq’s oil is that the proceeds are lim- almost all of the land, the majority of regard to the United States and allied ited to occupation purposes, which in- the land, is in Tennessee. The 101st Air- occupation of Iraq, what does inter- cludes measures taken in the further- borne, as we all know from the media national law tell us? What does inter- ance of fulfilling that obligation that I coverage, has been dispatched to the national law dictate with regard to our just read under article 43, to reestab- battlefield. I have had the opportunity rights as the occupying power to ad- lish peace and order to Iraq. Clearly, to look at a number of photographs. minister Iraq’s oil resources and our international law provides that the Although I know it is difficult for my obligations to the citizens of Iraq? United States is entitled to use the colleagues in the room to see, I just The Hague Convention of 1907 and the money from oil sales to pay for such want to share one of those photo- Geneva Convention provide the basis obligations as long as food and water, graphs. for international law with regard to health care, roads and bridges, schools The caption underneath it reads as the obligations and rights of an occu- and airports, as examples. follows: pying power. They provide specific Once a viable Iraqi government is es- U.S. Pvt. Elizandro Gonzales, of the 502nd guidelines for administering the re- tablished, the oilfields must be re- Infantry Regiment, 101st Airborne Division, sources of the occupied territory and turned to Iraq in a reasonable condi- Air Assault, prepares his M249 light machine gun before pressing forward to the north, the obligations of the occupying power tion. Thursday, March 26, 2003 in Iraq. to provide for the welfare and the safe- One final issue for debate will be the And the caption continues to read: ty of the occupied people. role of the U.N. in the reconstruction With regard to the rights of an occu- and administration of Iraq. For exam- Gonzales said that he and the rest of his ground assault convoy were ready to take pying power to use public property and ple, what will remain of the United Na- the fight to the enemy. resources, article 53 of Hague regula- tions Oil For Food Program in post- That is the caption from the reporter tions of 1907 provides that an occu- Saddam Iraq? Given the U.N.’s inabil- who was with the photographer who pying power can only take possession ity to fulfill its obligations with regard took this individual picture. of state-owned property, and any sei- to enforcing Security Council Resolu- I show that picture and mention it zure of private property must be re- tion 1441, it is unclear whether the U.N. because I look forward to the oppor- stored and compensation provided will be relevant at all in the recon- tunity of joining members of the fami- when peace is made. struction efforts of Iraq. lies of many of these soldiers on Sun- Further, article 55 provides: It is my hope that the U.N. will fol- day at Fort Campbell so that I can per- The occupying State shall only be regarded low the lead of the United States, Brit- sonally express my appreciation for the as administrator and usufructuary of the ain, and the other 40 or more allies cur- public buildings, real property, forests and sacrifices they are making, their fami- rently in Iraq enforcing the U.N. reso- agricultural works belonging to the hostile lutions. After all, it must be made very lies are making, and their friends are State. making overseas for all of us. clear that the resources of Iraq will fi- The rules of usufruct provide a ten- Mr. President, our prayers and our nally be available for the use of the people continue to be with our brave ant—in this case it would be the United Iraqi people, for the betterment of men and women in battle in Iraq. States or the coalition forces—the those same people. right to use and enjoy the profits of f For far too long, we know the pris- property owned by Iraq, as long as the oners of Saddam’s regime have been de- INTERNATIONAL LAW REGARDING property is not damaged or altered in prived of their country’s riches and OCCUPIED IRAQ any way. In addition, the allied forces forced to survive as peasants. While the Mr. GRASSLEY. Mr. President, next may use the public assets only for the responsibility for providing for the wel- week we are going to have a supple- benefit of Iraq and the Iraqi people, and fare of the Iraqi people belonged to mental appropriations bill of at least to defray the costs of administration. Saddam Hussein, he was, as we know, $75 billion before the Congress of the Secretary Powell recently reaffirmed more interested in spending it on him- United States for the funding nec- this right. When discussing the issue of self in the form of elaborate palaces essary for the military action in Iraq, oilfields, he stated: and in the pursuit of weapons of mass at least for the early part of that ac- You can be sure that they [meaning the destruction. tion, which number could not have oilfields] would be protected and the revenue The Iraqi people will finally share in been decided when we passed the appro- generated from any such oil fields would be used in accordance with international law the wealth of their country that has al- priations bills in January because at and to the benefit of the Iraqi people. ways belonged to them rather than that point there would not have been The occupying power may also take Saddam sharing it with his family and any military action. I raise this issue possession of public movable property the cronies of his brutal regime. now in conjunction with what there is only if such property can be directly or I hope the Congress will take into in international law in regard to a vic- indirectly used for military operations. consideration the rights the taxpayers torious power in a nation, after the war Clearly, Iraq’s oil reserves are suscep- of the United States have under this is done, of what can be used of the nat- tible to military use and thereby sub- Geneva Convention, to make sure the ural resources of a country for the vic- ject to seizure by U.S. military forces resources for the rebuilding of Iraq torious country to administer the na- under the laws of war to restore Iraq. come from Iraqi natural resources and tion as well as to rebuild that nation. In addition, the oil produced from not from the American taxpayers. That The reason I raise these points about Iraqi wells may be considered similar should be fully taken into consider- international law is because there is to the produce of public land which, ation, as some of the money we appro- very clear international law about under article 55, may be appropriated priate next week will probably be used what a victorious nation can do and by the occupying power. for that purpose of at first establishing cannot do in regard to the resources of With regard to the obligations of the administration in Iraq. the defeated nation. I raise this issue occupying power, article 43 of Hague I yield the floor. at this point because I want to make regulations of 1907 state: f sure the American taxpayers are not The authority of the legitimate power, saddled with any of the costs of re- THE PROTECTION OF LAWFUL having actually passed into the hands of the COMMERCE IN ARMS ACT building Iraq that can be legitimately occupant, the latter shall take steps in his paid for, under international law, out power to restore and ensure, as far as pos- Mr. STEVENS. Mr. President, the of the resources of Iraq. sible, public order and safety. Protection of Lawful Commerce in

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.109 S27PT1 S4508 CONGRESSIONAL RECORD — SENATE March 27, 2003 Arms Act is an important piece of leg- guns because they’re too smart for reductions to rural providers under islation that will address the growing that.’’ Second, 35 percent said ‘‘my Medicare. problem of junk lawsuits filed with the children would not touch guns because The budget resolution we are debat- intention of driving the firearms indus- I’ve told them not to.’’ And third, 11 ing today includes tax cuts that total try out of business. I thank Senator percent said, ‘‘my children would prob- $1.3 trillion. The budget also proposes CRAIG and Senator BURNS for their ef- ably pick up or play with guns they that $725 billion of these tax cuts be en- forts to ensure this legislation is ad- found, because that’s just what kids acted immediately, under the rec- dressed and moved through Congress. do.’’ onciliation process. This act does not curtail the legal However, the earlier David and Lu- Two years ago, we passed a $1.3 tril- rights of victims who suffer injuries cille Packard Foundation study dem- lion tax cut. I supported that tax cut. from the actions of firearm or ammuni- onstrated that children often do not But those were different times. We had tion manufacturers. The purpose of behave as their parents might believe. a surplus. We did not foresee the sig- this legislation is to prevent the mul- In fact, according to the foundation’s nificant decline in revenues. Or the tiple lawsuits that have materialized report, children and young people are deficits that followed. which name the firearms and ammuni- actually likely to handle a gun if they This is not the time to reduce reve- tion industries as defendants and at- find one. nues by $725 billion. It would hurt our tempt to hold these industries liable All parents want to ensure the safety budget and our economy. for the criminal acts of a third party. of their children. One thing the Senate In order to prevent the passage of tax cuts that would drive up the deficit and These frivolous lawsuits target the can do to help is pass common sense hurt our economy, I believe that we legitimate firearm and ammunition in- safe storage legislation for firearms. must reduce the size of this tax cut. dustries in attempts to destroy these Under Senator DURBIN’s Child Access While Senator KYL has stated that he industries. If firearm and ammunition Prevention Act, adults who fail to lock intends to pay for his amendment, I am manufacturers were forced to pay for up loaded firearms or an unloaded fire- concerned that his offset would have a the criminal acts of third parties, the arm with ammunition could be held negative impact on rural providers in concept of fairness would be elimi- liable if that weapon is taken by a Montana. The cost of his amendment is nated. The impact of these suits would child and used to kill or injure him or estimated to be $46 billion. And when also affect this country economically herself or another person. The bill asked how he proposed to offset this and socially. Any limitation of one’s would also increase the penalties for cost, he stated that it should come constitutional right to bear arms is not selling a gun to a juvenile and create a from a general fund for Finance Com- acceptable. The destruction of the fire- gun safety education program that in- mittee action. arms and ammunition industries would cludes parent-teacher organizations, According to the Senate Budget Com- cause many Americans to lose their local law enforcement and community mittee, this amendment would result jobs. In addition, if the firearms and organizations. I support this bill, urge in a negative allocation to the Finance ammunition industries were destroyed, my colleagues to support it, and hope Committee in 2009 through 2013. More the right to lawfully bear arms may be the Senate will act on it during the specifically, the committee’s alloca- curtailed. Many Alaskans depend upon 108th Congress. tion for these years would be negative the right to bear firearms for subsist- f $22 billion. That’s minus $22 billion. ence purposes as well as for self-de- Quite a deficit to overcome, and those fense. LOCAL LAW ENFORCEMENT ACT OF 2001 savings would be difficult to find. Courts across the Nation are wasting Those of us who were here when the valuable time on frivolous lawsuits. At Mr. SMITH. Mr. President, I rise Balanced Budget Act of 1997 passed rec- this time, 28 States have enacted legis- today to speak about the need for hate ognize full well that these savings lation to prevent frivolous lawsuits crimes legislation. In the last Congress would come from Medicare. An esti- against the firearms and ammunition Senator KENNEDY and I introduced the mated 90 percent of the savings passed industries based on the criminal behav- Local Law Enforcement Act, a bill that by the Finance Committee in the 1997 ior of others. I encourage all of my col- would add new categories to current law came from the Medicare Program, leagues to join me and take a stand hate crimes law, sending a signal that through reductions in payments to pro- against the lawsuits that attempt to violence of any kind is unacceptable in viders. abuse the legal system of this great our society. I would hesitate to cut the program a country, by supporting the Protection I would like to describe a terrible year before the baby boom generation of Lawful Commerce in Arms Act. crime that occurred September 28, 2001 starts to retire to finance a tax cut f in New York, NY. A Yemeni man was that we pass in 2003. Providers are cur- badly beaten in the Bronx while work- rently facing severe reductions in Med- THEY’RE TOO SMART FOR THAT ing at his newsstand. Before dragging icaid payments. They are coping with Mr. LEVIN. Mr. President, last him outside and hitting him in the an uninsured rate that continues to month the American Academy of Pedi- head with a bottle, the assailants, climb, which means that they must atrics published a survey reporting three local men, yelled, ‘‘You Arabs get shoulder an increasing burden of un- that most parents believe that their out of my neighborhood! We hate compensated care. These problems may children would not touch a gun they Arabs! This is war!’’ worsen by the time these cuts take ef- found. Unfortunately, these beliefs are I believe that Government’s first fect. They may also improve. But we inconsistent with other studies of the duty is to defend its citizens, to defend cannot know for sure. And looking at way kids actually react around guns, them against the harms that come out the current state of our health care including a July 2002 report by the of hate. The Local Law Enforcement system, I am simply not prepared to David and Lucille Packard Foundation. Enhancement Act is a symbol that can take the chance that providers can sus- The American Academy of Pediatrics become substance. I believe that by tain these cuts. survey reported that an estimated one passing this legislation and changing Mr. President, let me reiterate that I third of American homes with children current law, we can change hearts and support estate tax repeal, and I will contain at least one firearm and nearly minds as well. continue to support thoughtful and re- half of all firearms in homes with chil- f sponsible changes to tax policy. But I dren are not stored safely. According cannot support this amendment at this ESTATE TAX REPEAL to the article, 87 percent of respondents time. predicted that their children would not Mr. BAUCUS. I support estate tax re- f handle guns they found, whereas 13 per- peal. But I am forced to vote against cent predicted that there was a chance Senator KYL’s amendment for perma- CITIZEN SOLDIER WEEK their children would do so. Researchers nent repeal because of two concerns. Mr. ALLEN. Mr. President, I take to grouped parents’ responses into three First, I am concerned about mounting the floor today to discuss the impor- categories. First, 46 percent of respond- deficits, and second, I believe that this tance of acknowledging the tremen- ents said ‘‘my children would not touch amendment would result in payment dous risks and sacrifices our men and

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.102 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4509 women in our Armed Forces make to The exclusion of tax from death gra- terror are performing duties at least as ensure our continued freedom. In these tuity payments should have been im- hazardous as those performed by per- turbulent and difficult times it is more plemented generations ago. The free- sonnel in some existing qualified haz- important than ever to express our sin- doms that every American enjoys are ardous duty areas. cere and deep appreciation for the serv- protected by the service and sacrifice As our Active, Guard and Reserve ice of our Guard, Reserve, and active of those brave Americans who lost Armed Forces engage in a war with military. their life for this country. For the Fed- Iraq, while continuing our worldwide To show our gratitude, I am pleased eral Government to tax any portion of campaign against terrorism, it is vital to announce that the first 7 days of a death gratuity payment is wrong and that we do all we can to support the June will be designated as Citizen Sol- insulting. The debt owed to the men men and women who bear the burden of dier Week. Through the passage of my and women who have died fighting for our defense and security. Passage of resolution, S. Res. 58, we will recognize the principles of this country is incal- the Armed Forces Tax Fairness Act the unique sacrifices of members of the culable, but the least this Government and the legislation I have introduced Reserves and National Guard. can do is offer the family some degree would further indicate to the brave Reserve and National Guard troops of comfort and compensation without men and women of the Armed Forces provide a substantial proportion of the asking for a portion in a tax return. and their families that their service is combat forces required to carry out Nothing can replace a soldier, sailor, of great value and their sacrifices are military operations. In doing so, many airman or marine who does not come understood and appreciated by a grate- ful Nation. leave higher-paying jobs and place home; however, at least we can offer their civilian careers on hold to answer compensation without tax. f the call when our country needs their I fully support the Armed Forces Tax ADDITIONAL STATEMENTS service. To begin providing the well-de- Fairness Act. However, I believe there served recognition for their service, my are some other additional ideas that colleagues and I have worked to make we, as the Senate, can adopt to im- BENEDICT COLLEGE GOSPEL the first week of June, 2003, Citizen prove the lives of those serving in our CHOIR WINS NATIONAL TITLE Soldier Week. military. As many of my colleagues are ∑ Mr. HOLLINGS. Mr. President, for As I discuss this resolution and the aware, our troops are accorded a tax the fourth time in as many years, the importance of recognizing our citizen exclusion when serving in designated Gospel Choir of Benedict College in Co- soldiers, I would like to make my col- combat zones. lumbia, SC, has won first place in the leagues aware of an active duty soldier, Earlier this year, I introduced legis- National Collegiate Choir Competition. David S. Williams. David is a native of lation that would expand those combat This year the choir performed the Chesapeake, VA who was captured by zones to provide additional exclusion ‘‘Hallelujah Chorus’’ and gospel tunes Iraqi forces after his AH–64 Apache at- when our troops are deploying to dan- such as ‘‘We Are At War’’ in the com- tack helicopter was downed in central gerous areas around the globe. petition held in New York City under Iraq. I would like to offer my heartfelt I believe the combat zones tax exclu- the sponsorship of the Black Music concern and hope to David’s family, sion should include the period in tran- Caucus of New York. and let them know I will do everything sit to that combat zone. By not sub- The singers are not only fine musi- within my power to ensure David’s safe jecting military personnel to Federal cians, but they are outstanding mem- return to his loved ones and his mother or State taxes for this transit time, we bers of the community—many of them in Chesapeake, VA. would be providing a necessary benefit are preparing for some form of service While David isn’t a reservist or Na- for the dangers associated with enter- to the church. Although this Senator tional Guardsman, his capture, and the ing a combat zone. Deploying to a com- cannot always carry a tune, having the effect it is having on his family and bat zone is a military operation that best choir in the land is a source of loved ones at home could happen to has its own set of dangers, from acci- great pride to me and my State, and I anyone who has the gumption to volun- dents to the constant threat of ter- wish to congratulate all the singers teer, serve, and defend our freedoms rorist attack from the moment they and the choir’s director, Mr. Darryl ∑ around the world. leave their home port. And, our mili- Izzard. And for that, all American soldiers— tary personnel, including officers, f and their families—should be com- should be covered by the full extent of PAYING TRIBUTE TO ALMA ZWICK mended and thanked. the combat zone tax provisions during ∑ Mr. LAUTENBERG. Mr. President, I As our soldiers move closer and clos- this critical period. pay tribute to one of my constituents er to Baghdad and continue to meet As we focus on the ongoing conflict who is celebrating her retirement from treacherous resistance, I believe it ap- in Iraq, I would like to remind my col- the government of Camden County. propriate and right for the Senate to leagues that we also have military per- Alma Zwick first joined county govern- consider legislation to provide long sonnel executing the war on terrorism. ment in 1978 as a Clerk Typist. On overdue benefits to those who protect My legislation would also provide the April 1 of this year she will officially our cherished freedoms. proper tax breaks for service men and retire as a Purchasing Expeditor. For The Armed Forces Tax Fairness Act women serving on Operation Enduring 25 years she has dedicated herself to is an opportunity to provide our Armed Freedom in Guantanamo Bay, Cuba, helping her community be a better Forces with logical tax relief to com- and the Horn of Africa. We know that place. pensate them for their tireless and dan- these two areas remain filled with dan- Ms. Zwick has also been involved gerous service to our country. ger and instability from terrorist civically in Haddon Township. The men and women who join our threats, so the combat zone exclusion Throughout the years she has served as military services are constantly faced should also be applied to these duty Vice-President of the Haddon Township with uprooting their families, being stations. Democrat Club and as a Committee- shipped off to foreign lands for months Many of my constituents know the woman of the township. She has also at a time, and long and difficult hours dangers associated with operating in been a member of the Haddon Town- on the job. The jobs performed by our Guantanamo Bay. The soldiers of the ship Rent Control Board and treasurer troops are often extremely demanding 2nd Battalion, 116th Infantry Regiment of the Haddonview Tenants’ Associa- and come with great risk. As we are of the Virginia National Guard are tion. seeing daily in our liberation of the serving in Cuba. They are playing an Just as Alma Zwick has been dedi- Iraqi people, these missions come with integral part in the war on terrorism cated to her fellow citizens, she has the real potential of casualties. While and should be properly and fairly com- also been dedicated to her family of no legislation can compensate for the pensated for that service without tax- three brothers, three sisters and 28 risks taken by our Armed Forces, I be- ation by the Federal Government dur- nieces and nephews. lieve this legislation provides our ing their service at Guantanamo. I ask my colleagues to join me in sa- troops deserved relief from unfair and I believe that personnel serving over- luting Alma Zwick for her 25 years of burdensome tax. seas in support of the global war on service to Camden County.∑

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.058 S27PT1 S4510 CONGRESSIONAL RECORD — SENATE March 27, 2003 TRIBUTE TO FIRE CHIEF ROBERT ever and whenever needed. Staff Ser- Service to Crime Prevention for 2002.’’ GIORGIO geant Jordan was a true citizen sol- This award recognizes Mr. Bove for his ∑ Mr. LAUTENBERG. Mr. President, dier—a model marine, and a credit to achievements in the reduction of crime today I pay tribute to a brave human his family, his community, his corps, on both a local and national level. The being. Robert Giorgio is the Fire Chief and his country. same organization also recognized Mr. in the town of Cherry Hill, New Jersey. Staff Sergeant Jordan served as a Bove with the 2002 ‘‘Presidential Award In April of last year Chief Giorgio put messenger of high justice and idealism for Dedicated Service’’ for his service himself in harm’s way and performed in the best tradition of American prin- to the organization and the commu- honorably in the face of danger. ciples and patriotism. I am both proud nity. It was April 3, 2002, and Chief Giorgio and grateful that we have the kind of Vincent Bove is an amazing indi- was in his office when he heard reports fighting force exemplified by Staff Ser- vidual. He dedicates his life to making of a vehicle that had crashed over a geant Jordan serving in the Persian his fellow citizens and communities highway overpass on a State highway Gulf—and the strong families back at safer and more secure. I ask all my col- in Cherry Hill. Although not required home sending their love and support. leagues to join me in honoring Vincent to respond to the incident, Chief Our Nation extends its heartfelt con- Bove for his sense of duty, determina- Giorgio chose to do so. dolences to his wife Amanda and his tion, and dedication in making our When Chief Giorgio arrived on the son Tyler. We extend our appreciation country a safer and more secure place ∑ scene he saw that the car was sus- for sharing this outstanding marine to live. pended about five feet above the with us, and we offer our prayers and f ground, just barely held in place by a support. You may be justifiably proud of his contributions which extend JEAN HOEFER TOAL SALUTED small tree. There was also a fire from FOR BRINGING INNOVATIVE the engine compartment that was above and beyond the normal call of duty.∑ TECHNOLOGY TO SOUTH CARO- spreading into the interior of the car. LINA COURTS The driver, Deborah Trainor, was f ∑ Mr. HOLLINGS. Mr. President, Jean pinned behind the steering wheel. TRIBUTE TO VINCENT BOVE Chief Giorgio gave orders to arriving Hoefer Toal, Chief Justice of the South ∑ Mr. LAUTENBERG. Mr. President, Carolina Supreme Court, has just been firefighters and directed civilians to today I pay tribute to a truly extraor- use portable fire extinguishers. He recognized by Government Technology dinary citizen of New Jersey and Amer- Magazine as one of the top 25 leaders quickly realized that the units dis- ica. Vincent Bove is the region man- patched by the fire department would from across the Nation who has done ager for Summit Security Services, the most to bring technology to the not reach the scene by the time the fire Inc. His region covers the New York reached Ms. Trainor. Understanding public sector. I rise today to congratu- metropolitan area and his more than late her. the gravity of the situation Chief 2,000 officers secure sites including Giorgio placed himself beneath the ve- We are a small State, much of it NBC Studios, JFK International Air- rural, and she has been the guiding hicle in an attempt to free her. To say port, and the Federal Reserve Bank of that there was a serious chance of the force for linking the judicial courts in New York. Prior to September 11, 2001, all 46 counties. She is making the car falling on the Chief is a severe un- Summit Security had 300 officers at derstatement. Though Ms. Trainor was county courts, all with their own cases the World Trade Center, many of whom and business, into a truly unified court burned by the fire, Chief Giorgio was assisted with the evacuation of the two successful in freeing her from the car. system so that cases can be managed towers. all across the jurisdictions. After Sep- I ask my colleagues to join me in Mr. Bove is also a nationally ac- honoring and saluting this brave Amer- tember 11, the Nation saw the impor- claimed expert on school violence in tance of a well-connected criminal jus- ican. Chief Robert Giorgio acted with America. Since the Columbine tragedy honor and bravery in putting himself tice system, and I am proud that my in 1999, Mr. Bove has given presen- State is leading the way with automa- in harm’s way to save another person’s tations to over 15,000 educators, cor- life.∑ tion. I know everyone in this body porate representatives, and law en- joins me in thanking Chief Justice f forcement officials. He also trained 100 Toal for bringing this about.∑ New York Police Department Crime f SSGT. PHILLIP A. JORDAN Prevention Specialists in advanced ∑ Mr. LIEBERMAN. Mr. President, I techniques of crime prevention and MESSAGES FROM THE PRESIDENT rise today to pay tribute to SSgt. Phil- community policing. Messages from the President of the lip A. Jordan, United States Marine Recently, the American Police Hall United States were communicated to Corps, of Enfield, CT. Staff Sergeant of Fame conferred five nationally ac- the Senate by Ms. Evans, one of his Jordan lived as a true patriot and de- claimed medals to Vincent Bove, in- secretaries. fender of our great Nation’s principles cluding the Medal of Honor for Public f of freedom and justice. A veteran of Service for outstanding leadership Operation Desert Storm in the Persian skills in reducing crime and assisting EXECUTIVE MESSAGES REFERRED Gulf and Operation Just Cause in law enforcement throughout the As in executive session the Presiding Kosovo, Staff Sergeant Jordan was a United States; the J. Edgar Hoover Officer laid before the Senate messages proud family man and an example of Gold Medal for his leadership in police from the President of the United the powerful American spirit that per- and private security issues as a nation- States submitting sundry nominations meates this Nation’s history. ally respected law enforcement in- which were referred to the appropriate A member of the 1st Battalion, 2nd structor; the Knights of Justice Medal committees. Marine Regiment, 2nd Marine Expedi- for his outstanding service exem- (The nominations received today are tionary Brigade, Staff Sergeant Jordan plifying the Biblical Act of the Good printed at the end of the Senate pro- and his unit were ambushed when Iraqi Samaritan in protecting the commu- ceedings.) soldiers feigned surrender before open- nity; the Patriotism Medal for pro- f ing fire. By the time the dust settled moting faithfulness to the Federal, around this despicable and cowardly State, and local laws and for sup- MESSAGES FROM THE HOUSE act, nine gallant marines, including porting the Constitution and Bill of At 11:57 a.m., a message from the Staff Sergeant Jordan, were dead. Rights; and the Civilian Medal of Ap- House of Representatives, delivered by Staff Sergeant Jordan was more than preciation for leadership in private se- Mr. Hays, one of its reading clerks, an- a marine. He was a husband and a fa- curity, which assists law enforcement nounced that the House has passed the ther; he was devoted to his friends and officers. following bills, in which it requests the to his family. He was known as He was also named the North Jersey concurrence of the Senate: ‘‘Gump’’ by those who knew and loved Regional Crime Prevention Officers As- H.R. 825. An act to redesignate the facility him. He quickly offered a hand wher- sociation Recipient for ‘‘Exceptional of the United States Postal Service located

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.094 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4511 at 7401 West 100th Place in Bridgeview, Illi- H.R. 145. An act to designate the Federal By Mr. WARNER for the Committee on nois, as the ‘‘Michael J. Healy Post Office building located at 290 Broadway in New Armed Services. Building.’’ York, New York, as the ‘‘Ted Weiss Federal *John Paul Woodley, Jr., of Virginia, to be H.R. 917. An act to designate the facility of Building’’; to the Committee on Environ- an Assistant Secretary of the Army. the United States Postal Service located at ment and Public Works. Army nominations beginning Brig. Gen. 1830 South Lake Drive in Lexington, South H.R. 825. An act to redesignate the facility Dennis M. Kenneally and ending Col. Oscar Carolina, as the ‘‘Floyd Spence Post Office of the United States Postal Service located B. Hilman, which nominations were received Building.’’ at 7401 West 100th Place in Bridgeview, Illi- by the Senate and appeared in the CONGRES- H.R. 981. An act to designate the facility of nois, as the ‘‘Michael J. Healy Post Office SIONAL RECORD on January 9, 2003. the United States Postal Service located at Building’’; to the Committee on Govern- Army nomination of Brig. Gen. Edwin H. 141 Erie Street in Linesville, Pennsylvania, mental Affairs. Roberts, Jr. as the ‘‘James R. Merry Post Office.’’ H.R. 917. An act to designate the facility of Army nomination of Col. Sheila R. Baxter. The message also announced that the the United States Postal Service located at Army nominations beginning Brigadier House has agreed to the following con- 1830 South Lake Drive in Lexington, South General Jeffery L. Arnold and ending Colonel Carolina, as the ‘‘Floyd Spence Post Office current resolution, in which it requests Ennis C. Whitehead III, which nominations Building’’; to the Committee on Govern- were received by the Senate and appeared in the concurrence of the Senate: mental Affairs. the CONGRESSIONAL RECORD on March 13, H. Con. Res. 44. Concurrent resolution to H.R. 981. An act to designate the facility of 2003. express the support for the celebration in the United States Postal Service located at Navy nominations beginning Capt. David 2004 of the 150th anniversary of the Grand 141 Erie Street In Linesville, Pennsylvania, O. Anderson and ending Capt. Frank F. Excursion of 1854. as the ‘‘James R. Merry Post Office’’; to the Rennie IV, which nominations were received The message further announced that Committee on Governmental Affairs. by the Senate and appeared in the CONGRES- the House has passed the following bill, The following concurrent resoltion SIONAL RECORD on March 11, 2003. with an amendment: was read, and referred as indicated: Mr. WARNER. Mr. President for the S. 342. an act to amend the Child Abuse H. Con. Res. 44. Concurrent resolution to Committee on Armed Services. I report Prevention and Treatment Act to make im- express support for the celebration in 2004 of favorably the following nomination provements to and reauthorize programs the 150th anniversary of the Grand Exclusion lists where were printed in the under that Act and for other purposes. of 1854; to the Committee on the Judiciary. RECORDS on the dates indicated, and At 2:13 p.m., a message from the The following bill, previously re- ask unanimous consent, to save the ex- House of Representatives, delivered by ceived from the House of Representa- pense of reprinting on the Executive Ms. Niland, one of its reading clerks, tives for concurrence, was read the Calendar that these nominations lie at announced that the House has agreed first and second times by unanimous the Secretary’s desk for the informa- consent, and referred as indicated: to the following concurrent resolution, tion of Senators. in which it requests the concurrence of H.R. 145. An act to designate the Federal The PRESIDING OFFICER. Without the Senate: building located at 290 Broadway in New York, New York, as the ‘‘Ted Weiss Federal objection, it is so ordered. H. Con. Res. 118. Concurrent resolution Air Force nominations beginning * Colby concerning the treatment of members of the Building’’; to the Committee on Environ- D. Adams and ending * Robert K. Young, Armed Forces held as prisoners of war by ment and Public Works. which nominations were received by the Sen- Iraqi authorities. f ate and appeared in the CONGRESSIONAL The message also announced that MEASURES PLACED ON THE RECORD on January 13, 2003. pursuant to the provisions of 44 U.S.C. CALENDAR Air Force nominations beginning Raymond 2702, the Clerk of the House reappoints B. Abarca and ending Michael A. Zrostlik, as a member of the Advisory Com- The following bills were read the sec- which nominations were received by the Sen- mittee on the Records of Congress the ond time, and placed on the calendar: ate and appeared in the CONGRESSIONAL following person: Susan Palmer of Au- S. 711. A bill to amend title 37, United RECORD on January 16, 2003. States Code, to alleviate delay in the pay- rora, Illinois. Air Force nominations beginning Joyce A. ment of the Selected Reserve reenlistment Adkins and ending Steven A. Wilson, which The message further announced that bonus to members of Selected Reserve who nominations were received by the Senate and pursuant to 44 U.S.C. 2702, and the are mobilized. appeared in the CONGRESSIONAL RECORD on order of the House of January 8, 2003, S. 712. A bill to amend title 10, United February 25, 2003. the Speaker reapoints the following States Code, to provide Survivor Benefit Air Force nominations beginning John J. member on the part of the House of Plan annuities for surviving spouses of Re- Abbatiello and ending Michel P. Zumwalt, Representatives to the Advisory Com- serves not eligible for retirement who die which nominations were received by the Sen- mittee on the Records of Congress: Mr. from a cause incurred or aggravated while on ate and appeared in the CONGRESSIONAL inactive-duty training. Timothy Johnson of Minnetonka, Min- RECORD on February 25, 2003. S. 718. A bill to provide a monthly allot- Air Force nominations beginning Cath- nesota. ment of free telephone calling time to mem- erine M. Amitrano and ending Cynthia K. At 5:25 p.m., a message from the bers of the United States armed forces sta- Wright, which nominations were received by House of Representatives, delivered by tioned outside the United States who are di- the Senate and appeared in the CONGRES- Mr. HAYS, one of its reading clerks, an- rectly supporting military operations in Iraq SIONAL RECORD on February 25, 2003. nounced that the House insists upon its or Afghanistan. Army nominations beginning Brian K. amendments to the bill (S. 151) to S. 721. A bill to amend the Internal Rev- Balfe and ending James H. Trogdon III, enue Code of 1986 to expand the combat zone which nominations were received by the Sen- amend title 18, United States Code, income tax exclusion to include income for ate and appeared in the CONGRESSIONAL with respect to the sexual exploitation the period of transit to the combat zone and of children, and ask a conference with RECORD on February 25, 2003. to remove the limitation on such exclusion Army nomination of William O. Prettyman the Senate on the disagreeing votes of for commissioned officers, and for other pur- II. the two Houses thereon: From the poses. Army nomination of Darrell S. Ransom. Committee on the Judiciary, for con- f Army nomination of Frederick D. White. sideration of the Senate bill and the Marine Corps nominations beginning Brian REPORTS OF COMMITTEES House amendments, and modifications T. Alexander and ending Phillip J. Zimmer- man, which nominations were received by committed to conference: Mr. SENSEN- The following reports of committees the Senate and appeared in the CONGRES- BRENNER, Mr. COBLE, Mr. SMITH of were submitted: By Mr. DOMENICI, from the Committee on SIONAL RECORD on February 25, 2003. Texas, Mr. GREEN of Wisconsin, Ms. Marine Corps nominations beginning Mi- Energy and Natural Resources: HART, Mr. CONYERS, and Mr. SCOTT of Special Report entitled ‘‘History, Jurisdic- chael P. Killion and ending Douglas S. Virginia. For consideration of the Sen- tion, and a Summary of Activities of the Kurth, which nominations were received by ate bill and House amendments, and Committee on Energy and Natural Resources the Senate and appeared in the CONGRES- modification committed to conference: During the 107th Congress’’ (Rept. No. 108– SIONAL RECORD on March 11, 2003. Mr. FROST. 30). Navy nomination of Rosemarie H. O’Carroll. f f Navy nomination of John M. Hakanson. MEASURES REFERRED EXECUTIVE REPORTS OF Navy nominations beginning Daniel P. Ar- COMMITTEES thur and ending Walter C. Wrye IV, which The following bills were read the first nominations were received by the Senate and and the second times by unanimous The following executive reports of appeared in the CONGRESSIONAL RECORD on consent, and referred as indicated: committees were submitted: February 25, 2003.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.104 S27PT1 S4512 CONGRESSIONAL RECORD — SENATE March 27, 2003

By Mr. HATCH for the Committee on the S. 729. A bill to amend the Internal Rev- S. 740. A bill to amend title XVIII of the Judiciary. enue Code of 1986 to establish a pilot pro- Social Security Act to improve patient ac- Priscilla Richman Owen, of Texas, to be gram to encourage the use of medical sav- cess to, and utilization of, the colorectal United States Circuit Judge for the Fifth ings accounts by public employees of the cancer screening benefit under the medicare Circuit. State of Minnesota and political jurisdic- program; to the Committee on Finance. Mary Ellen Coster Williams, of Maryland, tions thereof; to the Committee on Finance. By Mr. SESSIONS (for himself, Mr. to be a Judge of the United States Court of By Mr. WARNER: BINGAMAN, Mr. GREGG, Mr. MILLER, Federal Claims for a term of fifteen years. S. 730. A bill to amend title 38, United Mr. ALLARD, Mrs. LINCOLN, Mr. EN- Victor J. Wolski, of Virginia, to be a Judge States Code, to permit the transfer to SIGN, Ms. COLLINS, Mr. CRAPO, Mr. of the United States Court of Federal Claims spouses and children of a portion of the enti- CRAIG, and Mr. HARKIN): for a term of fifteen years. tlement of certain members of the Armed S. 741. A bill to amend the Federal Food, McGregor William Scott, of California, to Forces to educational assistance under the Drug, and Cosmetic Act with regard to new be United States Attorney for the Eastern Montgomery GI Bill, and for other purposes; animal drugs, and for other purposes; to the District of California for the term of four to the Committee on Veterans’ Affairs. Committee on Health, Education, Labor, and years. By Mr. BIDEN (for himself and Mr. Pensions. Michael E. Horowitz, of Maryland, to be a HATCH): By Mr. BROWNBACK (for himself, Mrs. S. 731. A bill to prohibit fraud and related Member of the United States Sentencing CLINTON, Mr. LEAHY, Ms. MIKULSKI, activity in connection with authentication Commission. Mr. SMITH, Mrs. FEINSTEIN, Mrs. features, and for other purposes; to the Com- Ricardo H. Hinojosa, of Texas, to be a MURRAY, and Mr. BINGAMAN): Member of the United States Sentencing mittee on the Judiciary. S. 742. A bill to authorize assistance for in- Commission. By Mr. BAUCUS (for himself, Mr. dividuals with disabilities in foreign coun- HATCH, Mr. ROCKEFELLER, and Mr. *Nomination was reported with rec- tries, including victims of warfare and civil JEFFORDS): strife, and for other purposes; to the Com- ommendation that it be confirmed sub- S. 732. A bill to amend title XI of the So- mittee on Foreign Relations. ject to the nominee’s commitment to cial Security Act to create an independent respond to requests to appear and tes- and nonpartisan commission to assess the f tify before any duly constituted com- health care needs of the uninsured and to SUBMISSION OF CONCURRENT AND mittee of the Senate. monitor the financial stability of the Na- SENATE RESOLUTIONS tion’s health care safety net; to the Com- (Nominations without an asterisk mittee on Finance. The following concurrent resolutions were reported with the recommenda- By Ms. SNOWE: and Senate resolutions were read, and tion that they be confirmed.) S. 733. A bill to authorize appropriations referred (or acted upon), as indicated: f for fiscal year 2004 for the United States Coast Guard, and for other purposes; to the By Mr. FRIST (for Mr. LIEBERMAN (for INTRODUCTION OF BILLS AND Committee on Commerce, Science, and himself, Mr. STEVENS, Mr. INOUYE, JOINT RESOLUTIONS Transportation. Mr. FRIST, Mr. DASCHLE, and Mr. By Mr. CORZINE (for himself, Mr. WARNER)): The following bills and joint resolu- S. Con. Res. 31. A concurrent resolution ex- LIEBERMAN, and Mr. MCCAIN): tions were introduced, read the first S. 734. A bill to provide adequate funding pressing the outrage of Congress at the and second times by unanimous con- for the National Commission on Terrorist treatment of certain American prisoners of sent, and referred as indicated: Attacks Upon the United States; to the Se- war by the Government of Iraq; to the Com- mittee on Foreign Relations. By Mr. ENZI (for himself, Mr. BEN- lect Committee on Intelligence. NETT, Mr. INHOFE, Mr. COLEMAN, Mr. By Mr. BOND (for himself and Mr. f JOHNSON): CRAPO, Mr. BURNS, Mr. ALLARD, and ADDITIONAL COSPONSORS Mr. SANTORUM): S. 735. A bill to amend the Internal Rev- S. 724. A bill to amend title 18, United enue Code of 1986 to clarify the exemption S. 140 States Code, to exempt certain rocket pro- from tax for small property and casualty in- At the request of Mrs. FEINSTEIN, the pellants from prohibitions under that title surance companies; to the Committee on Fi- name of the Senator from New Mexico nance. on explosive materials; to the Committee on INGAMAN By Mr. ENSIGN (for himself, Mr. AL- (Mr. B ) was added as a cospon- the Judiciary. sor of S. 140, a bill to amend the Higher By Mr. BINGAMAN (for himself, Mrs. LARD, Ms. CANTWELL, Mr. DORGAN, Mr. HARKIN, Mr. LEVIN, Mr. LUGAR, Education Act of 1965 to extend loan FEINSTEIN, Mr. DAYTON, and Mr. Mr. HAGEL, Mr. LIEBERMAN, Mr. forgiveness for certain loans to Head LEAHY): S. 725. A bill to amend the Transportation WYDEN, Mr. REID, and Mr. LEAHY): Start teachers. S. 736. A bill to amend the Animal Welfare Equity Act for the 21st Century to provide S. 215 Act to strengthen enforcement of provisions from the Highway Trust Fund additional relating to animal fighting, and for other At the request of Mrs. FEINSTEIN, the funding for Indian reservation roads, and for purposes; to the Committee on Agriculture, names of the Senator from Vermont other purposes; to the Committee on Indian Nutrition, and Forestry. (Mr. JEFFORDS) and the Senator from Affairs. By Mr. DURBIN: Delaware (Mr. BIDEN) were added as co- By Ms. STABENOW: S. 737. A bill to amend title 37, United S. 726. A bill to treat the Tuesday next sponsors of S. 215, a bill to authorize States Code, to increase the rate of immi- funding assistance for the States for after the first Monday in November as a nent danger special pay and the amount of legal public holiday for purposes of Federal the family separation allowance; to the Com- the discharge of homeland security ac- employment, and for other purposes; to the mittee on Armed Services. tivities by the National Guard. Committee on the Judiciary. By Mrs. BOXER: S. 271 By Mr. BYRD (for himself, Mr. ROCKE- S. 738. A bill to designate certain public At the request of Mr. SMITH, the FELLER, Mr. THOMAS, Mr. BURNS, Mr. lands in Humboldt, Del Norte, Mendocino, name of the Senator from Rhode Island DORGAN, Mr. ALLARD, Mr. DURBIN, Lake, Napa, and Yolo Counties in the State (Mr. CHAFEE) was added as a cosponsor Mr. VOINOVICH, Mr. BAYH, Mr. ENZI, of California as wilderness, to designate cer- Mr. CAMPBELL, and Mr. CONRAD): tain segments of the Black Butte River in of S. 271, a bill to amend the Internal S. 727. A bill to reauthorize a Department Mendocino County, California as a wild or Revenue Code of 1986 to allow an addi- of Energy program to develop and implement scenic river, and for other purposes; to the tional advance refunding of bonds accelerated research, development, and dem- Committee on Energy and Natural Re- originally issued to finance govern- onstration projects for advanced clean coal sources. mental facilities used for essential gov- technologies for use in coal-based electricity By Mr. AKAKA (for himself, Mr. ernmental functions. generating facilities, to amend the Internal DOMENICI, Mr. LIEBERMAN, Mr. KYL, S. 287 Revenue Code of 1986 to provide incentives Mr. REID, Mr. BAYH, Mr. INOUYE, and for the use of those technologies, and for Mr. BINGAMAN): At the request of Mr. LEAHY, the other purposes; to the Committee on Fi- S. 739. A bill to reauthorize and amend the name of the Senator from Rhode Island nance. Spark M. Matsunaga Hydrogen Research, De- (Mr. CHAFEE) was added as a cosponsor By Mr. COLEMAN (for himself, Mr. velopment, and Demonstration Act of 1990, of S. 287, a bill to amend the Internal STEVENS, and Mr. DAYTON): and for other purposes; to the Committee on Revenue Code of 1986 to provide that a S. 728. A bill to reimburse the airline in- Energy and Natural Resources. deduction equal to fair market value dustry for homeland security costs, and for By Mr. LIEBERMAN (for himself, Ms. other purposes; to the Committee on Com- COLLINS, Mr. BUNNING, Mr. HOLLINGS, shall be allowed for charitable con- merce, Science, and Transportation. Mr. DAYTON, Ms. LANDRIEU, Ms. tributions of literary, musical, artistic, By Mr. COLEMAN (for himself and Mr. STABENOW, Mr. LAUTENBERG, and Mr. or scholarly compositions created by CHAMBLISS): GRAHAM of South Carolina): the donor.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.062 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4513 S. 289 York (Mrs. CLINTON), the Senator from lect the data necessary to move islet At the request of Mr. GRASSLEY, the Minnesota (Mr. COLEMAN), the Senator cell transplantation from an experi- names of the Senator from New York from North Dakota (Mr. CONRAD), the mental procedure to a standard ther- (Mrs. CLINTON) and the Senator from Senator from Texas (Mr. CORNYN), the apy. Massachusetts (Mr. KERRY) were added Senator from New Jersey (Mr. S. 527 as cosponsors of S. 289, a bill to amend CORZINE), the Senator from Idaho (Mr. At the request of Mr. MILLER, the the Internal Revenue Code of 1986 to CRAIG), the Senator from South Dakota name of the Senator from Georgia (Mr. improve tax equity for military per- (Mr. DASCHLE), the Senator from Min- CHAMBLISS) was added as a cosponsor of sonnel, and for other purposes. nesota (Mr. DAYTON), the Senator from S. 527, a bill to establish the Southern S. 349 Connecticut (Mr. DODD), the Senator Regional Commission for the purpose At the request of Mrs. FEINSTEIN, the from New Mexico (Mr. DOMENICI), the of breading the cycle of persistent pov- name of the Senator from South Caro- Senator from North Dakota (Mr. DOR- erty among the southeastern States. GAN), the Senator from Illinois (Mr. lina (Mr. HOLLINGS) was added as a co- S. 560 DURBIN), the Senator from Nevada (Mr. sponsor of S. 349, a bill to amend title At the request of Mr. CRAIG, the ENSIGN), the Senator from Wisconsin II of the Social Security Act to repeal name of the Senator from North Da- (Mr. FEINGOLD), the Senator from Cali- the Government pension offset and kota (Mr. DORGAN) was added as a co- fornia (Mrs. FEINSTEIN), the Senator windfall elimination provisions. sponsor of S. 560, a bill to impose tariff- from Illinois (Mr. FITZGERALD), the S. 380 rate quotas on certain casein and milk Senator from Florida (Mr. GRAHAM), At the request of Ms. COLLINS, the protein concentrates. name of the Senator from Missouri the Senator from Iowa (Mr. GRASSLEY), the Senator from Nebraska (Mr. S. 591 (Mr. TALENT) was added as a cosponsor HAGEL), the Senator from Iowa (Mr. At the request of Mr. MILLER, the of S. 380, a bill to amend chapter 83 of name of the Senator from Georgia (Mr. title 5, United States Code, to reform HARKIN), the Senator from Utah (Mr. HATCH), the Senator from Texas (Mrs. CHAMBLISS) was added as a cosponsor of the funding of benefits under the Civil S. 591, a bill to provide for a period of Service Retirement System for em- HUTCHISON), the Senator from Hawaii (Mr. INOUYE), the Senator from quiet reflection at the opening of cer- ployees of the United States Postal Vermont (Mr. JEFFORDS), the Senator tain schools on every school day. Service, and for other purposes. from South Dakota (Mr. JOHNSON), the S. 606 S. 451 Senator from Massachusetts (Mr. KEN- At the request of Mr. GREGG, the At the request of Ms. SNOWE, the NEDY), the Senator from Wisconsin (Mr. names of the Senator from Arkansas names of the Senator from Florida (Mr. KOHL), the Senator from New Jersey (Mr. PRYOR) and the Senator from Ar- NELSON), the Senator from Maine (Ms. (Mr. LAUTENBERG), the Senator from kansas (Mrs. LINCOLN) were added as COLLINS), the Senator from Con- Vermont (Mr. LEAHY), the Senator cosponsors of S. 606, a bill to provide necticut (Mr. LIEBERMAN), the Senator from Michigan (Mr. LEVIN), the Sen- collective bargaining rights for public from Nebraska (Mr. HAGEL), the Sen- ator from Arkansas (Mrs. LINCOLN), the safety officers employed by States or ator from South Carolina (Mr. Senator from Mississippi (Mr. LOTT), their political subdivisions. GRAHAM) and the Senator from Oregon the Senator from Indiana (Mr. LUGAR), S. 647 (Mr. SMITH) were added as cosponsors the Senator from Arizona (Mr. of S. 451, a bill to amend title 10, At the request of Mr. KENNEDY, the MCCAIN), the Senator from Kentucky name of the Senator from Massachu- United States Code, to increase the (Mr. MCCONNELL), the Senator from setts (Mr. KERRY) was added as a co- minimum Survivor Benefit Plan basic Maryland (Ms. MIKULSKI), the Senator annuity for surviving spouses age 62 sponsor of S. 647, a bill to amend title from Alaska (Ms. MURKOWSKI), the Sen- 10, United States Code, to provide for and older, to provide for a one-year ator from Washington (Mrs. MURRAY), open season under that plan, and for Department of Defense funding of con- the Senator from Florida (Mr. NELSON), tinuation of health benefits plan cov- other purposes. the Senator from Nebraska (Mr. NEL- erage for certain Reserves called or or- S. 481 SON), the Senator from Oklahoma (Mr. dered to active duty and their depend- At the request of Mr. ALLEN, the NICKLES), the Senator from Arkansas ents, and for other purposes. names of the Senator from Alaska (Mr. (Mr. PRYOR), the Senator from Rhode S. 678 STEVENS) and the Senator from Illinois Island (Mr. REED), the Senator from (Mr. DURBIN) were added as cosponsors Nevada (Mr. REID), the Senator from At the request of Mr. AKAKA, the of S. 481, a bill to amend chapter 84 of West Virginia (Mr. ROCKEFELLER), the name of the Senator from Minnesota title 5, United States Code, to provide Senator from Pennsylvania (Mr. (Mr. DAYTON) was added as a cosponsor that certain Federal annuity computa- SANTORUM), the Senator from New of S. 678, a bill to amend chapter 10 of tions are adjusted by 1 percentage York (Mr. SCHUMER), the Senator from title 39, United States Code, to include point relating to periods of receiving Alabama (Mr. SESSIONS), the Senator postmasters and postmasters organiza- disability payments, and for other pur- from Alabama (Mr. SHELBY), the Sen- tions in the process for the develop- poses. ator from Oregon (Mr. SMITH), the Sen- ment and planning of certain policies, schedules, and programs, and for other S. 498 ator from Maine (Ms. SNOWE), the Sen- purposes. At the request of Mr. HOLLINGS, the ator from Michigan (Ms. STABENOW), names of the Senator from Hawaii (Mr. the Senator from New Hampshire (Mr. S. 704 AKAKA), the Senator from Colorado SUNUNU), the Senator from Ohio (Mr. At the request of Mr. ALLEN, his (Mr. ALLARD), the Senator from Vir- VOINOVICH), the Senator from Virginia name was added as a cosponsor of S. ginia (Mr. ALLEN), the Senator from (Mr. WARNER) and the Senator from Or- 704, a bill to amend title 10, United Montana (Mr. BAUCUS), the Senator egon (Mr. WYDEN) were added as co- States Code, to increase the amount of from Indiana (Mr. BAYH), the Senator sponsors of S. 498, a bill to authorize the death gratuity payable with re- from Delaware (Mr. BIDEN), the Sen- the President to posthumously award a spect to deceased members of the ator from New Mexico (Mr. BINGAMAN), gold medal on behalf of Congress to Jo- Armed Forces. the Senator from Missouri (Mr. BOND), seph A. De Laine in recognition of his S. 709 the Senator from California (Mrs. contributions to the Nation. At the request of Mrs. DOLE, the BOXER), the Senator from Louisiana S. 518 names of the Senator from Hawaii (Mr. (Mr. BREAUX), the Senator from Mon- At the request of Ms. COLLINS, the AKAKA), the Senator from Colorado tana (Mr. BURNS), the Senator from name of the Senator from New Mexico (Mr. ALLARD), the Senator from Indi- West Virginia (Mr. BYRD), the Senator (Mr. BINGAMAN) was added as a cospon- ana (Mr. BAYH), the Senator from Utah from Colorado (Mr. CAMPBELL), the sor of S. 518, a bill to increase the sup- (Mr. BENNETT), the Senator from Mis- Senator from Washington (Ms. CANT- ply of pancreatic islet cells for re- souri (Mr. BOND), the Senator from WELL), the Senator from Delaware (Mr. search, to provide better coordination Kansas (Mr. BROWNBACK), the Senator CARPER), the Senator from Georgia of Federal efforts and information on from Montana (Mr. BURNS), the Sen- (Mr. CHAMBLISS), the Senator from New islet cell transplantation, and to col- ator from Colorado (Mr. CAMPBELL),

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.064 S27PT1 S4514 CONGRESSIONAL RECORD — SENATE March 27, 2003 the Senator from Washington (Ms. S. 721 Roads that serve Indian Country are CANTWELL), the Senator from New At the request of Mr. ALLEN, the part of one single national transpor- York (Mrs. CLINTON), the Senator from name of the Senator from Virginia (Mr. tation network and Congress has long Mississippi (Mr. COCHRAN), the Senator WARNER) was added as a cosponsor of S. recognized the importance of improv- from Minnesota (Mr. COLEMAN), the 721, a bill to amend the Internal Rev- ing transportation in Indian Country. I Senator from Idaho (Mr. CRAIG), the enue Code of 1986 to expand the combat believe the Federal Government has an Senator from Idaho (Mr. CRAPO), the zone income tax exclusion to include obligation to provide safe and efficient Senator from South Dakota (Mr. income for the period of transit to the transportation for all tribes. Indians DASCHLE), the Senator from Con- combat zone and to remove the limita- pay the same Federal gasoline, tire, necticut (Mr. DODD), the Senator from tion on such exclusion for commis- and other taxes, as all other Americans New Mexico (Mr. DOMENICI), the Sen- sioned officers, and for other purposes. and are entitled to the same quality of ator from Nevada (Mr. ENSIGN), the S. CON. RES. 26 transportation. Senator from Wyoming (Mr. ENZI), the At the request of Ms. LANDRIEU, the This bill is a 6-year reauthorization Senator from California (Mrs. FEIN- name of the Senator from Wisconsin and improvement of the Indian Res- STEIN), the Senator from Illinois (Mr. (Mr. FEINGOLD) was added as a cospon- ervation Roads program, which funds FITZGERALD), the Senator from South sor of S. Con. Res. 26, a concurrent res- transportation programs for all tribes. Carolina (Mr. GRAHAM), the Senator olution condemning the punishment of This year, Congress must reauthorize from New Hampshire (Mr. GREGG), the execution by stoning as a gross viola- the IRR program, along with all other Senator from Iowa (Mr. HARKIN), the tion of human rights, and for other transportation programs in TEA–21. I Senator from Utah (Mr. HATCH), the purposes. am introducing the bill today as the Senator from South Carolina (Mr. HOL- S. CON. RES. 30 first step in the reauthorization proc- LINGS), the Senator from Texas (Mrs. At the request of Mr. LUGAR, the ess. HUTCHISON), the Senator from Okla- names of the Senator from Virginia The Indian Reservation Roads Pro- homa (Mr. INHOFE), the Senator from gram was established in 1928, and in (Mr. WARNER), the Senator from Vir- Hawaii (Mr. INOUYE), the Senator from 1946 the BIA and the FHWA executed ginia (Mr. ALLEN), the Senator from Massachusetts (Mr. KENNEDY), the Sen- the first memorandum of agreement Arizona (Mr. MCCAIN) and the Senator ator from Arizona (Mr. KYL), the Sen- for joint administration of the pro- from Nebraska (Mr. HAGEL) were added ator from Louisiana (Ms. LANDRIEU), as cosponsors of S. Con. Res. 30, a con- gram. Since 1982, funding for tribal the Senator from New Jersey (Mr. LAU- current resolution expressing the sense transportation programs has been pro- TENBERG), the Senator from Vermont of Congress to commend and express vided from the federal Highway Trust (Mr. LEAHY), the Senator from Ken- the gratitude of the United States to Fund. Major changes to the program tucky (Mr. MCCONNELL), the Senator were again made in 1998 as part of from Maryland (Ms. MIKULSKI), the the nations participating with the United States in the Coalition to Dis- TEA–21. Senator from Georgia (Mr. MILLER), Today, the Indian Reservation Roads arm Iraq. the Senator from Alaska (Ms. MUR- program serves more than 560 federally KOWSKI), the Senator from Florida (Mr. S. CON. RES. 30 recognized Indian tribes and Alaskan NELSON), the Senator from Arkansas At the request of Mr. CORZINE, his native villages in 33 States. The IRR (Mr. PRYOR), the Senator from Kansas name was added as a cosponsor of S. system comprises 25,700 miles of BIA (Mr. ROBERTS), the Senator from West Con. Res. 30, supra. and tribally owned roads and another Virginia (Mr. ROCKEFELLER), the Sen- S. CON. RES. 30 25,600 miles of State, county, and local ator from Pennsylvania (Mr. At the request of Mr. VOINOVICH, his government public roads. There are SANTORUM), the Senator from Alabama name was added as a cosponsor of S. also 4,115 bridges on the IRR system, (Mr. SESSIONS), the Senator from Or- Con. Res. 30, supra. and one ferryboat operation, the egon (Mr. SMITH), the Senator from S. RES. 74 Inchelium-Gifford Ferry in Washington Maine (Ms. SNOWE), the Senator from At the request of Mrs. FEINSTEIN, the State. Pennsylvania (Mr. SPECTER), the Sen- name of the Senator from Washington Of the 25,700 miles of BIA and tribal ator from Alaska (Mr. STEVENS), the (Ms. CANTWELL) was added as a cospon- roads on the IRR system, only about Senator from New Hampshire (Mr. sor of S. Res. 74, a resolution to amend one quarter are paved. Of the 25,600 SUNUNU), the Senator from Missouri rule XLII of the Standing Rules of the miles of State, county, or local govern- (Mr. TALENT), the Senator from Wyo- Senate to prohibit employment dis- ment IRR roads, about 40 percent are ming (Mr. THOMAS), the Senator from crimination in the Senate based on sex- paved. In total, over two-thirds of all Ohio (Mr. VOINOVICH), the Senator from ual orientation. IRR roads remain unpaved. Many of South Dakota (Mr. JOHNSON), the Sen- f these unpaved roads are not passable in ator from West Virginia (Mr. BYRD), bad weather. In addition, about 140 of STATEMENTS ON INTRODUCED the Senator from New Jersey (Mr. the 753 bridges owned by the BIA are BILLS AND JOINT RESOLUTIONS CORZINE) and the Senator from Ne- currently rated as deficient. braska (Mr. NELSON) were added as co- By Mr. BINGAMAN (for himself, Some of the roads on tribal lands re- sponsors of S. 709, a bill to award a con- Mrs. FEINSTEIN, Mr. DAYTON, semble roads in third-world countries. gressional gold medal to Prime Min- and Mr. LEAHY): Some are little more than wheel ister Tony Blair. S. 725. A bill to amend the Transpor- tracks. Even though the IRR system S. 711 tation Equity Act for the 21st Century has perhaps the most rudimentary in- At the request of Mr. WARNER, his to provide from the Highway Trust frastructure of any transportation net- name was added as a cosponsor of S. Fund additional funding for Indian res- work in the country, over 2 billion ve- 711, a bill to amend title 37, United ervation roads, and for other purposes; hicle miles are annually traveled on States Code, to alleviate delay in the to the Committee on Indian Affairs. the system. payment of the Selected Reserve reen- Mr. BINGAMAN. Mr. President, I am According to the Federal Highway listment bonus to members of Selected very pleased today to introduce the Administration’s most recent assess- Reserve who are mobilized. Tribal Transportation Program Im- ment of the nation’s highways, bridges, S. 712 provement Act of 2003. The bill is co- and transit, only 34 percent of paved At the request of Mr. WARNER, his sponsored by Senators FEINSTEIN, DAY- IRR roads are rated in good condition, name was added as a cosponsor of S. TON, and LEAHY. 37 percent are rated only fair, and 29 712, a bill to amend title 10, United The goal of this legislation is to help percent are rated poor. Of course, these States Code, to provide Survivor Ben- provide safe and efficient transpor- ratings apply only to the paved roads efit Plan annuities for surviving tation throughout Indian country. At on the IRR system, not the 33,000 miles spouses of Reserves not eligible for re- the same time, this bill will help pro- of dirt and gravel roads. tirement who die from a cause incurred mote economic development, self-de- The poor road quality also has a seri- or aggravated while on inactive-duty termination, and employment of Indi- ous impact on highway safety. Accord- training. ans and Alaska Natives. ing to FHWA, the highway fatality

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.064 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4515 rate on Indian Reservation Roads is munity’s efforts to sustain robust small. I’d like to briefly summarize the four times above the national average. economies and to attract new jobs and major provisions of the bill. Automobile accidents are the number businesses. First, the bill increases funding for one cause of death among young Amer- Unfortunately, most tribes today the Indian Reservation Roads program ican Indians. lack the basic road systems that most to $2.775 billion for the six years from Reflecting the current poor state of of us take for granted. Indian commu- 2004 to 2009. Under TEA–21, the IRR roads throughout Indian country, nities continue to lag behind the rest program is currently authorized for FHWA now estimates the backlog of of the Nation in quality of life and eco- $275 million per year. This level rep- improvement needs for IRR roads at a nomic vitality. Unemployment rates in resents less than 1 percent of annual whopping $6.8 billion. Indian country frequently top 50 per- federal funding for road construction The current authorized funding level cent and poverty rates often exceed 40 and rehabilitation. However, the 50,000 for IRR is $275 million from the high- percent. miles of the IRR system represent way trust fund. As required in TEA–21, The limited availability of housing about 5 percent of the Nation’s 957,000 the BIA distributes highway funding to and jobs on the reservation forces peo- miles of Federal-aid highways. I do be- federally recognized tribes each year ple to commute long distances every- lieve the substantial increase in IRR using a relative need formula. This for- day for work, school, health care, basic funding in my bill is fully justified mula reflects the cost to improve eligi- government services, shopping, or even based on the very poor condition of so ble roads, road usage, and population of to obtain drinking water. many IRR roads as well as the impor- each tribe. Some modifications to the I’d now like to take a moment to dis- tance of transportation to economic formula are currently being made as cuss the impact of the Indian Reserva- development in Indian country. part of a negotiated rule making. tion Roads Program on just one tribe, Second, the bill removes the obliga- I hope all Senators recognize the the Navajo Nation. I think most Sen- tion limitation from the Indian Res- broad scope of the IRR program and its ators know that Navajo is the largest ervation Roads program. This funding impact on 33 of the 50 States. I’d like federally recognized Indian tribe. The limitation was first applied to the IRR to read a list of the fiscal year 2002 dis- current membership is about 280,000 program in 1998 in TEA–21, and over tribution of IRR funding in the States people. By itself, Navajo lands hold the six years of TEA–21 the limitation that have tribal roads and ask unani- about one quarter of the entire Indian will have cut about $31 million per year mous consent that the table be printed Reservation Roads program. in much-needed funding out of IRR. in the RECORD. The Navajo Reservation covers 17.1 The reduction for 2003 is about $36 mil- There being no objection, the table million acres in the States of Arizona, lion. The IRR was not subject to any was ordered to be printed in the New Mexico, and Utah. It is roughly obligation limitation from 1983 to 1997, RECORD, as follows: the size of the State of West Virginia. and my bill restores the program to the The reservation includes the three sat- Exhibit 1.—Approximate distribution of FY02 status it had before 1998. Indian Reservation Road Funding ellite communities of Alamo, Ramah, Third, the bill restores the Indian and To’hajiilee in New Mexico. Reservation Bridge Program with sepa- FY2002 IRR According to BIA, the Navajo IRR State Funding to Tribes rate funding of $90 million over six Arizona ...... 56,100,000 system includes 9,800 miles of public years. TEA–21 had eliminated separate Oklahoma ...... 34,000,000 roads, or about 20 percent of all IRR funding for the Indian reservation New Mexico ...... 31,900,000 roads. However, 78 percent of the roads bridge program in 1998. In addition, the Alaska ...... 18,500,000 within Navajo are unpaved. Because of bill streamlines the bridge program by Montana ...... 13,600,000 the nature of the soil and terrain, expanding the allowable uses of bridge South Dakota ...... 11,700,000 many of the unpaved roads are impass- Washington ...... 10,100,000 funding to include planning, design, en- Wisconsin ...... 6,600,000 able after snow or rain. Navajo esti- gineering, construction, and inspection North Dakota ...... 6,500,000 mates a current backlog of road con- of Indian reservation road bridges. Minnesota ...... 5,780,000 struction projects totaling $2 billion. Fourth, the bill increases the current California ...... 5,100,000 The safety of bridges is also a con- limit for tribal transportation planning Oregon ...... 3,900,000 tinuing concern on the Navajo reserva- from 2 percent to 4 percent. These Utah ...... 2,970,000 tion. Of the 173 bridges on Navajo, 51 funds will be used by tribes to compile Idaho ...... 2,850,000 are rated deficient. Of the deficient Wyoming ...... 2,070,000 important transportation data and to Michigan ...... 1,560,000 bridges, 27 must be completely replaced forecast their future transportation Nevada ...... 1,290,000 and the rest need major rehabilitation. needs and long-range plans. Many of North Carolina ...... 1,190,000 The Navajo Nation also operates a the tribes have indicated they cur- Colorado ...... 1,100,000 transit system with 14 buses and three rently don’t have funding for adminis- New York ...... 949,000 vans. The system carries 75,000 pas- trative capacity building, and the addi- Maine ...... 890,000 sengers each year. The system serves tional planning funds in my bill would Kansas ...... 851,000 Mississippi ...... 706,000 both Navajo people as well as the near- address this need. Nebraska ...... 626,000 by communities of Gallup, Farm- Fifth, TEA–21 established a nego- Florida ...... 550,000 ington, Flagstaff, and Winslow. tiated rule making for distribution of Texas ...... 220,000 Finally, the few roads that are being funds based on the relative needs of Louisiana ...... 197,000 built on the Navajo Reservation are each tribe for transportation. To en- Rhode Island ...... 162,000 not being properly maintained. Fund- sure the distribution is tied to actual Iowa ...... 126,000 ing for road maintenance is not part of needs, my bill requires the Secretary of Alabama ...... 100,000 the IRR program. Instead road mainte- South Carolina ...... 89,000 Transportation to verify the existence Connecticut ...... 83,000 nance is funded each year as part of the of all roads that are part of the Indian Massachusetts ...... 47,000 BIA’s annual appropriation bill. Unfor- reservation road system. Source: BIA. Data are approximate because some tunately, BIA’s budget lags woefully Sixth, the bill establishes a pilot pro- reservations and roads extend into more than one behind the need for road maintenance. gram, in accordance with the Indian state. Each year the Navajo Region of BIA re- Self-Determination and Education Act, I know every Senator is keenly aware quests about $32 million to maintain P.L. 93–638, authorizing 12 tribes to of the importance of transportation to about 6000 miles of roads, but receives contract directly with FHWA for IRR the basic quality of life and economic only about $6 million, or about 20 per- funding to improve efficiency and development of a region. Safe roads are cent of the funds needed just to main- streamline the administration of the essential for children to get to school, tain the existing roads. program. The 12 tribes will be selected for sick and elderly to receive basic The bill I am introducing today will to ensure representation from each re- health and medical treatment, and for begin to address this crushing need for gion of the country. food and other necessities to move to road construction and transit programs Seventh, the bill establishes a new shops and to consumers. Moreover, throughout Indian Country. The bill six-year, $120 million tribal transpor- transportation is critical to any com- will benefit all tribes, both large and tation safety program. Tribes may

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.083 S27PT1 S4516 CONGRESSIONAL RECORD — SENATE March 27, 2003 apply directly to the Department of funding for the IRR program in fiscal comprises more than 50,000 miles of roads Transportation for grants to improve year 2003 to $238 million, about $40 mil- under the jurisdiction of the Bureau of In- transportation safety. The program lion below the 2002 level. At the same dian Affairs and tribal, State, county, and parallels existing safety programs for time, FY2003 highway funding for the local governments; (9) more than 2⁄3 of those roads are not the states. states was increased slightly above the paved, and many resemble roads in third- Eighth, I propose a new tribal transit 2002 level. I believe this year’s reduc- world countries; program to provide direct funding to tion in IRR funding may reflect a lack (10) as of the date of enactment of this Act, tribes from the Federal Transit Admin- of understanding on the part of many approximately 140 of the 753 bridges under istration. The new program would par- senators of the current poor state of the jurisdiction of the Bureau of Indian Af- allel the existing Indian Reservation transportation in Indian Country. fairs are rated as being deficient; Roads program funded through FHWA. To try to raise awareness, last year I (11) The Indian reservation roads system In general, while States may allocate circulated a ‘‘dear colleague’’ letter to serves both Indians and the general public to tribal areas some of their transit and is part of a unified national road net- the Chair and Ranking Members of the work; funding under the existing formula Transportation Appropriations Sub- (12) even though the Indian reservation grant programs for transit for elderly committee to urge them to fund the roads system is perhaps the most rudi- and disabled, section 5210, and for non- IRR program at the full $275 million mentary of any transportation network in urbanized areas, section 5311, they authorized level. The bipartisan letter, the United States, more than 2,000,000,000 ve- rarely do so. Because the tribes are at signed by eleven of my colleagues, laid hicle miles are traveled annually on the sys- a disadvantage in having to compete out the case for full funding of the trib- tem; for funding within the States, I believe al transportation program in 2003. (13) the poor quality of so many Indian res- we need a direct funding program to ervation roads has a serious impact on high My goal in introducing the bill today safety; allow tribes to provide better transit is to start the process of improving (14) according to the Federal Highway Ad- services to young people, elderly, and IRR as soon as possible. The tribes can- ministration, the highway fatality rate on others who lack access to private vehi- not bear another cut in funding like oc- Indian reservation roads is 4 times the na- cles. The bill sets aside a very modest curred in 2003. tional average highway fatality rate on all level of funding of $120 million over six I hope that Chairman CAMPBELL and roads; years for the new tribal transit pro- Vice Chairman INOUYE of the Com- (15) automobile accidents are the primary gram. mittee on Indian Affairs will soon hold cause of death for young Indian individuals; Ninth, the bill states the sense of hearings on the reauthorization of the and (16) the Federal Highway Administration Congress that the BIA should have suf- Indian Reservation Roads Program. I estimates the backlog of improvement needs ficient funding to maintain all roads on look forward to working with them and for Indian reservation roads at approxi- the Indian Reservation Roads system. the other members of the committee mately $6,800,000,000. Maintenance of IRR roads is a Federal on developing a consensus proposal (b) PURPOSE.—The purpose of this Act is to responsibility and adequate funding is that is fair to all tribes. reauthorize, expand, and streamline the In- needed to protect the Federal invest- I ask unanimous consent that the dian reservation roads program to improve ment in transportation infrastructure. text of the bill and the bipartisan let- transportation safety and better meet the needs of Indian individuals and other mem- Federal funding for road maintenance ter be printed in the RECORD. bers of the traveling public. is provided through the BIA’s annual There being no objection, the mate- appropriations bill. Unfortunately, rial was ordered to be printed in the SEC. 3. INDIAN RESERVATION ROADS. (a) AUTHORIZATION OF APPROPRIATIONS.— year after year, the Appropriations RECORD, as follows: Section 1101(a)(8)(A) of the Transportation Committees have failed to provide ade- S. 725 Equity Act for the 21st Century (112 Stat. quate funding for maintenance. Fund- Be it enacted by the Senate and House of Rep- 112) is amended by striking ‘‘of such title’’ ing for BIA’s road maintenance pro- resentatives of the United States of America in and all that follows and inserting ‘‘of that gram has typically been around $25 Congress assembled, title— million per year about one-fifth of the SECTION 1. SHORT TITLE. ‘‘(i) $225,000,000 for fiscal year 1998; level needed to protect the federal in- This Act may be cited as the ‘‘Tribal ‘‘(ii) $275,000,000 for each of fiscal years 1999 vestment in IRR roads. Transportation Program Improvement Act through 2003; The IRR system doesn’t just serve In- of 2003’’. ‘‘(iii) $350,000,000 for fiscal year 2004; SEC. 2. FINDINGS AND PURPOSE. ‘‘(iv) $425,000,000 for fiscal year 2005; and dian communities, but also visitors, in- ‘‘(v) $500,000,000 for each of fiscal years 2006 cluding tourists, recreational, commer- (A) FINDINGS.—Congress finds that— (1) because many Indian tribes are located through 2009.’’. cial and industrial users of roads and in remote areas, transportation is particu- (b) OBLIGATION CEILING.—Section 1102(c)(1) transit throughout Indian country. For larly important to the basic quality of life of the Transportation Equity Act for the 21st the tribes, transportation is an impor- and economic development of Indian tribes; Century (23 U.S.C. 104 note; 112 Stat. 116) is tant contributor to economic develop- (2) safe roads are essential for— amended— ment, self-determination, and employ- (A) Indian children to travel to and from (1) by striking ‘‘distribute obligation’’ and ment for all Indian communities. This school; inserting the following: ‘‘distribute— (B) sick and elderly individuals to receive ‘‘(A) obligation’’; bill represents a very modest, but im- (2) by inserting ‘‘and’’ after the semicolon portant step toward providing basic basic health care and medical treatment; and (C) food and other necessities to be deliv- at the end; and transportation services throughout In- ered to shops and consumers; (3) by adding at the end the following: dian country. (3) transportation is critical to the efforts ‘‘(B) for any fiscal year after fiscal year The proposals in my bill are similar of Indian tribes to— 2003, any amount of obligation authority to many of the recommendations of the (A) sustain robust economies; and made available for Indian reservation road National Congress of American Indi- (B) attract new jobs and businesses; bridges under section 202(d)(4), and for Indian ans’ TEA–21 Reauthorization Task (4) most Indian tribes lack the basic trans- reservation roads under section 204, of title Force. portation systems that other people in the 23, United States Code;’’. (c) INDIAN RESERVATION ROAD BRIDGES.— I well appreciate that tribes in dif- United States take for granted; (5) Indian communities continue to lag be- Section 202(d)(4) of title 23, United States ferent regions of the country may have hind the rest of the United States in quality Code, is amended— different views and proposals on how of life and economic vitality; (1) in subparagraph (B)— best to improve Indian transportation (6) unemployment rates in Indian country (A) by striking ‘‘(B) RESERVATION.—Of the programs. I see my bill as just the first frequently exceed 50 percent, and poverty amounts’’ and all that follows through ‘‘to step in a yearlong process leading up to rates often exceed 40 percent; replace,’’ and inserting the following: the reauthorization of TEA–21. (7) the limited availability of housing and ‘‘(B) FUNDING.— It is essential that we begin this jobs on Indian reservations forces people to ‘‘(i) RESERVATION OF FUNDS.—Notwith- process as soon as possible because I commute long distances each day to travel standing any other provision of law, there is to work or school, obtain health care, take authorized to be appropriated from the High- believe the tribes are being short- advantage of basic government services, go way Trust Fund $15,000,000 for each of fiscal changed in annual federal funding. I shopping, or even obtain drinking water; years 2004 through 2009 to carry out plan- was disappointed this year when the (8) the Indian reservation roads system es- ning, design, engineering, construction, and appropriations committee cut the tablished under title 23, United States Code, inspection of projects to replace,’’; and

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.084 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4517

(B) by adding at the end the following: paragraph shall receive funding in an ‘‘(c) FEDERAL SHARE.—The federal share of ‘‘(ii) AVAILABILITY.—Funds made available amount equal to the sum of the funding that the cost of carrying out the program under to carry out this subparagraph shall be the Indian tribe would otherwise receive in this section shall be 100 percent. available for obligation in the same manner accordance with the funding formula estab- ‘‘(d) FUNDING.—Notwithstanding any other as if the funds were apportioned under chap- lished under the other provisions of this sub- provision of law, there are authorized to be ter 1.’’; and section, and an additional percentage of that appropriated from the Highway Trust Fund (2) in subparagraph (D)— amount equal to the percentage of funds (other than the Mass Transit Account) to (A) by striking ‘‘(D) APPROVAL REQUIRE- withheld during the applicable fiscal year for carry out this section— MENT.—’’ and inserting the following: the road program management costs of the ‘‘(1) $10,000,000 for each of fiscal years 2004 ‘‘(D) APPROVAL AND NEED REQUIRE- Bureau of Indian Affairs under subsection and 2005; MENTS.—’’; and (B) by striking ‘‘only on approval of the (f)(1). ‘‘(2) $20,000,000 for each of fiscal years 2006 ‘‘(II) APPLICANT POOL.—The applicant pool and 2007; and plans, specifications, and estimates by the described in this sub-clause shall consist of Secretary.’’ and inserting ‘‘only— ‘‘(3) $30,000,000 for each of fiscal years 2008 each Indian tribe (or consortium) that— and 2009.’’. ‘‘(i) on approval by the Secretary of plans, ‘‘(aa) has successfully completed the plan- (b) CONFORMING AMENDMENT.—The analysis specifications, and estimates relating to the ning phase described in subclause (III); projects; and ‘‘(bb) has requested participation in the for chapter 4 of title 23, United States Code, ‘‘(ii) in amounts directly proportional to demonstration project under this subpara- is amended by inserting after the item relat- the actual need of each Indian reservation, graph through the adoption of a resolution ing to section 411 the following: as determined by the Secretary based on the or other official action by the tribal gov- ‘‘412. Tribal Transportation Safety Pro- number of deficient bridges on each reserva- erning body; and gram.’’. tion and the projected cost of rehabilitation ‘‘(cc) has demonstrated financial stability of those bridges.’’. SEC. 6. INDIAN RESERVATION RURAL TRANSIT and financial management capability in ac- PROGRAM. (d) FAIR AND EQUITABLE DISTRIBUTION.— cordance with subclause (III) during the 3- Section 5311 of title 49, United States Code, Section 202(d) of title 23, United States Code, fiscal year period immediately preceding the is amended by adding at the end the fol- is amended by adding at the end the fol- fiscal year for which participation under this lowing: lowing: subparagraph is being requested. ‘‘(k) INDIAN RESERVATION RURAL TRANSIT ‘‘(5) FAIR AND EQUITABLE DISTRIBUTION.—To ‘‘(III) CRITERIA FOR DETERMINING FINANCIAL PROGRAM.— ensure that the distribution of funds to an STABILITY AND FINANCIAL MANAGEMENT CAPAC- ‘‘(1) DEFINITION OF INDIAN TRIBE.—In this Indian tribe under this subsection is fair, eq- ITY.—For the purpose of subclause (II), evi- uitable, and based on valid transportation dence that, during the 3-year period referred subsection, the term ‘Indian tribe’ has the needs of the Indian tribe, the Secretary to in subclause (II)(cc), an Indian tribe had meaning given the term in section 4 of the shall— no uncorrected significant and material Indian Self-Determination and Education ‘‘(A) verify the existence, as of the date of audit exceptions in the required annual audit Assistance Act (25 U.S.C. 450b). the distribution, of all roads that are part of of the Indian tribe’s self-determination con- ‘‘(2) PROGRAM.— the Indian reservation road system; and tracts or self-governance funding agreements ‘‘(A) IN GENERAL.—The Secretary of Trans- ‘‘(B) distribute funds based only on those portation shall establish and carry out a pro- roads.’’. with any Federal agency shall be conclusive evidence of the required stability and capa- gram to provide competitive grants to Indian (e) INDIAN RESERVATION ROAD PLANNING.— tribes to establish rural transit programs on Section 204(j) of title 23, United States Code, bility. ‘‘(IV) PLANNING PHASE.— reservations or other land under the jurisdic- is amended in the first sentence by striking ‘‘(aa) IN GENERAL.—An Indian tribe (or con- tion of the Indian tribes. ‘‘2 percent’’ and inserting ‘‘4 percent’’. sortium) requesting participation in the ‘‘(B) AMOUNT OF GRANTS.—The amount of a SEC. 4. FEDERAL LANDS HIGHWAY PROGRAM demonstration project under this subpara- grant provided to an Indian tribe under sub- DEMONSTRATION PROJECT. graph shall include legal and budgetary re- paragraph (A) shall be based on the need of Section 202(d)(3) of title 23, United States search and internal tribal government and the Indian tribe, as determined by the Sec- Code, is amended by adding at the end the organization preparation. retary of Transportation. following: ‘‘(bb) ELIGIBILITY.—A tribe (or consortium) ‘‘(C) FEDERAL LANDS HIGHWAY PROGRAM ‘‘(3) FUNDING.—Notwithstanding any other described in item (aa) shall be eligible to re- provision of law, for each fiscal year, of the DEMONSTRATION PROJECT.— ceive a grant under this subclause to plan ‘‘(i) IN GENERAL.—The Secretary shall es- amount made available to carry out this sec- and negotiate participation in a project de- tablish a demonstration project under which tion under section 5338 for the fiscal year, scribed in that item.’’. all funds made available under this title for the Secretary of Transportation shall use Indian reservation roads and for highway SEC. 5. TRIBAL TRANSPORTATION SAFETY PRO- $20,000,000 to carry out this subsection.’’. GRAM. bridges located on Indian reservation roads SEC. 7. SENSE OF CONGRESS REGARDING INDIAN (a) IN GENERAL.—Chapter 4 of title 23, RESERVATION ROADS. as provided for in subparagraph (A) shall be United States Code, is amended by adding at made available, on the request of an affected the end the following: (a) FINDINGS.—Congress finds that— Indian tribal government, to the Indian trib- (1) the maintenance of roads on Indian res- ‘‘§ 412. Tribal Transportation Safety Program al government for use in carrying out, in ac- ‘‘(a) DEFINITION OF INDIAN TRIBE.—In this ervations is a responsibility of the Bureau of cordance with the Indian Self-Determination section, the term ‘Indian tribe’ has the Indian Affairs; and Education Assistance Act (25 U.S.C. 450 meaning given the term in section 4 of the (2) amounts made available by the Federal et seq.), contracts and agreements for the Indian Self-Determination and Education Government as of the date of enactment of planning, research, engineering, and con- Assistance Act (25 U.S.C. 450b). this Act for maintenance of roads on Indian struction described in that subparagraph. ‘‘(b) PROGRAM.— reservations under section 204(c) of title 23, ‘‘(ii) EXCLUSION OF AGENCY PARTICIPA- ‘‘(1) IN GENERAL.—The Secretary shall United States Code, comprise only 30 percent TION.—In accordance with subparagraph (B), carry out a program to provide to eligible In- of the annual amount of funding needed for all funds for Indian reservation roads and for dian tribes (as determined by the Secretary) maintenance of roads on Indian reservations highway bridges located on Indian reserva- competitive grants for use in establishing in the United States; and tion roads to which clause (i) applies shall be tribal transportation safety programs on— (3) any amounts made available for con- paid without regard to the organizational ‘‘(A) Indian reservations; and struction of roads on Indian reservations will level at which the Federal lands highway ‘‘(B) other land under the jurisdiction of an be wasted if those roads are not properly program has previously carried out the pro- Indian tribe. maintained. ‘‘(2) USE OF FUNDS.—Funds from a grant grams, functions, services, or activities in- (b) SENSE OF CONGRESS.—It is the sense of volved. provided under paragraph (1) may be used to Congress that Congress should annually pro- ‘‘(iii) SELECTION OF PARTICIPATING TRIBES.— carry out a project or activity— ‘‘(A) to prevent the operation of motor ve- vide to the Bureau of Indian Affairs such ‘‘(I) PARTICIPANTS.— funding as is necessary to carry out all ‘‘(aa) IN GENERAL.—For each fiscal year, hicles by intoxicated individuals; maintenance of roads on Indian reservations the Secretary shall select 12 geographically ‘‘(B) to promote increased seat belt use in the United States. diverse Indian tribes from the applicant pool rates; ENATE, described in subclause (II) to participate in ‘‘(C) to eliminate hazardous locations on, U.S. S the demonstration project carried out under or hazardous sections or elements of— Washington, DC, April 26, 2002. ‘‘(i) a public road; Hon. PATTY MURRAY, clause (i). ‘‘(ii) a public surface transportation facil- ‘‘(bb) CONSORTIA.—Two or more Indian Chairman, Senate Appropriations Subcommittee ity; on Transportation, Dirksen Senate Office tribes that are otherwise eligible to partici- ‘‘(iii) a publicly-owned bicycle or pedes- Building, Washington, DC. pate in a program or activity to which this trian pathway or trail; or title applies may form a consortium to be ‘‘(iv) a traffic calming measure; Hon. RICHARD C. SHELBY, considered as a single tribe for the purpose of ‘‘(D) to eliminate hazards relating to rail- Ranking Member, Senate Appropriations Sub- becoming part of the applicant pool under way-highway crossings; or committee on Transportation, Hart Senate subclause (II). ‘‘(E) to increase transportation safety by Office Building, Washington, DC. ‘‘(cc) FUNDING.—An Indian tribe partici- any other means, as determined by the Sec- DEAR CHAIRMAN MURRAY AND SENATOR pating in the pilot program under this sub- retary. SHELBY: We are writing to ask you to provide

VerDate Jan 31 2003 06:20 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.117 S27PT1 S4518 CONGRESSIONAL RECORD — SENATE March 27, 2003 at least $275 million in funding in the Fiscal poll workers would be available to staff for use in coal-based electricity gener- Year 2003 Transportation Appropriations bill polling places. ating facilities, to amend the Internal for the Indian Reservation Roads Program. Businesses complain that a new Fed- Revenue Code of 1986 to provide incen- This program plays a critical role in eco- eral holiday will cost them money. But tives for the use of those technologies, nomic development, self-determination, and employment of Native Americans in 33 this problem can be easily solved. Pres- and for other purposes; to the Com- states, including Alaska Native Villages. ently we celebrate Veterans Day on mittee on Finance. The IRR system comprises 52,738 miles of Nov. 11. On even numbered years, we Mr. BYRD. Mr. President, time after road. Half are BIA and tribally owned roads could simply celebrate Veterans Day time, coal has been there for this coun- and half are state, county and local govern- on the second Tuesday after the first try. Coal has been and will continue to ment roads. The system includes 4,152 Monday of November, which Congress be an important part of America—its bridges and also one ferryboat. More than 2 has designated as Election Day for Fed- history, its economy, and its people. billion vehicle miles are traveled on the IRR eral elections. During World War I, when coal sup- system each year. Unfortunately, many of plied the Nation’s heat and powered the roads are among the worst in the nation. The Commission’s report noted that Over two-thirds of the system is unimproved both Presidents Ford and Carter are our battleships and industries, Presi- earth and gravel roads and about one-quarter veterans themselves and would not rec- dent Woodrow Wilson proclaimed that of the bridges are rated deficient. ommend any change that would dilute the Nation’s war effort ‘‘rested on the The Federal Highway Administration de- the significance of Veterans Day. shoulders of [the American coal] scribed the state of roads on reservations in Rather, our two former Presidents miner.’’ its 1999 study of the nation’s highways and found it fitting to hold the ‘‘supreme During World War II, when enemy bridges: ‘‘Some of the isolation (of Native national exercise of our freedom on the conquests in Asia and Africa threat- American communities) is perpetuated by a ened to stop the worldwide flow of oil, lack of transportation facilities . . . Except day we honor those who preserved it.’’ for a few tribes with oil and mineral re- This idea is also supported by civil the American government responded sources, or recreational operations, nearly rights, labor and other groups trying to by initiating a federally sponsored syn- all reservations are among the most eco- increase participation in our electoral thetic fuels program based on coal. nomically depressed areas of the country process. Secretary of the Interior Harold Ickes . . . Some tribal governments have been suc- I think it is an idea whose time has acknowledged, ‘‘We should not have cessful in initiating economic development come. waited until war was upon us to begin activities, including small industries . . . I ask unanimous consent that the the development of synthetic fuels.’’ These require a viable Indian Reservation After the war, that program was dis- Roads (IRR) system.’’ text of this legislation be printed in In 1998, Congress reauthorized the Indian the RECORD. mantled. Far-sighted men warned of Reservation Road Program as part of Trans- There being no objection, the bill was the dangers of this decision. John L. portation Efficiency Act for the 21st Century ordered to be printed in the RECORD, as Lewis, President of the United Mine (TEA–21). Recognizing the huge backlog in follows: Workers, predicted a growing reliance basic highway and transportation needs in S. 726 upon foreign oil in the post-war era Indian Country, the authorized funding level Be it enacted by the Senate and House of Rep- would one day result in outrageous was increased from $191 million per year to prices at the gas pump and cars lined $275 million. Last year the Transportation resentatives of the United States of America in Congress assembled, up for blocks to purchase gasoline. Appropriations Act provided $279 million. We Those of us old enough to remember very much appreciate your subcommittee’s SECTION 1. SHORT TITLE. efforts in FY2002 to fund this program at the This Act may be cited as the ‘‘Democracy the oil embargoes and energy crises of higher level. Day Act of 2003’’. the 1970s know how accurate that pre- ——— ———. SEC. 2. TREATMENT OF ELECTION DAY IN SAME diction was. Those oil embargoes and MANNER AS OTHER FEDERAL HOLI- energy crises prompted the Carter Ad- By Ms. STABENOW: DAYS. ministration to establish a national S. 726. A bill to treat the Tuesday The Tuesday next after the first Monday in synthetic fuels program largely based next after the first Monday in Novem- November in 2004 and in each even-numbered year thereafter shall be treated as a legal on coal as the United States was la- ber as a legal public holiday for pur- public holiday for purposes of statutes relat- beled ‘‘the Saudi Arabia of coal.’’ poses of Federal employment, and for ing to pay and leave of Federal employees. However, the Reagan Administration other purposes; to the Committee on SEC. 3. STUDY BY COMPTROLLER GENERAL OF all but eliminated the Department of the Judiciary. IMPACT ON VOTER PARTICIPATION. Energy’s fossil fuels and renewable en- Ms. STABENOW. Mr. President, I (a) IN GENERAL.—The Comptroller General ergy programs, and withdrew support rise today to introduce legislation that shall conduct a study of the impact of sec- for the development of alternative en- would make Election Day a national tion 2 on voter participation. ergy technologies. holiday. (b) REPORT.—Not later than May 1, 2009, How short-sighted that was. I correct After the problems of the 2000 elec- the Comptroller General shall submit a re- myself. It wasn’t just short-sighted, it port to Congress and the President on the re- tions, a bipartisan Commission headed sults of the study conducted under sub- was blind, and I said so at the time. In by former Presidents Jimmy Carter section (a). a speech on this Senate floor, I warned and Gerald Ford was created to rec- SEC. 4. SENSE OF CONGRESS REGARDING TREAT- that the Reagan administration’s cut- ommend election reforms. MENT OF DAY BY PRIVATE EMPLOY- backs in our energy programs were Among the reforms the commission ERS. ‘‘leaving us dangerously vulnerable to recommended was making Election It is the sense of Congress that private em- foreign transgressions.’’ Historians like Day a national holiday. ployers in the United States should provide to point out that those who do not re- If you read the report, the advantage their employees with flexibility on the Tues- member the past are condemned to re- day next after the first Monday in November of making Election Day a national hol- in 2004 and in each even-numbered year live it. Why must we continue to relive iday becomes obvious. thereafter to enable the employees to cast yesterday’s mistakes? Can we not learn In a survey done by the U.S. Census votes in the elections held on that day. from the past? shortly after the 2000 elections, the Once again, concerns about our Na- number-one reason cited for not voting By Mr. BYRD (for himself, Mr. tion’s current and future energy needs was because it conflicted with work or ROCKEFELLER, Mr. THOMAS, Mr. are on the minds of citizens across the classroom schedules. Declaring Elec- BURNS, Mr. DORGAN, Mr. AL- country. Worrisome gas prices, erratic tion Day a national holiday would LARD, Mr. DURBIN, Mr. fuel costs, electricity supply needs, en- make it easier for millions of busy VOINOVICH, Mr. BAYH, Mr. ENZI, ergy efficiency improvements, and U.S. Americans to get to the polls. Mr. CAMPBELL, and Mr. dependence on foreign oil are major But declaring Election Day a na- CONRAD): challenges that we must tackle. To de- tional holiday has other advantages as S. 727. A bill to reauthorize a Depart- velop a bipartisan, national energy well, according to the Commission’s re- ment of Energy program to develop and plan, Congress must establish balanced port. More public buildings, especially implement accelerated research, devel- energy policies that recognize the need schools, would be available as polling opment, and demonstration projects for both economic growth, energy secu- places. And more and better trained for advanced clean coal technologies rity, and environmental protection.

VerDate Jan 31 2003 06:20 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.077 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4519 Coal will play a key role in that strat- cess was built on the framework out- consideration of a national energy pol- egy. lined, developed, and refined with my icy. It is paramount that we develop a support in past Congress. The R&D provisions, and in fact the comprehensive plan built on a balanced There is a little verse that goes: entire package we introduce here portfolio of resources, technologies, God and soldier all men adore, today, have had no more fervent cham- and ideas. Such a plan must look in time of trouble and no more, pion than my colleague, the senior broadly across all sectors of the econ- for when war is over, and all things righted, Senator from West Virginia, Senator omy and set objectives to meet these God is neglected and the old soldier slighted. BYRD. Indeed, Senator BYRD has been a needs both today and down the road. In times of national struggle and ad- stalwart friend of coal far longer than And, as we look at the needs of our versity, in times of war, coal has been the more than 5-year duration of this economy and our future, we need to there. But in times of calm, when the effort on clean coal technologies. I better understand where to put critical urgency subsides, so does our national would be remiss if I did not commend and precious research and development determination to establish and imple- Senator BYRD for his dedication and resources and how to best stimulate ment a comprehensive energy strategy. diligence in advocating for clean coal. I these technologies in the marketplace. To fail to incorporate a comprehensive cannot overstate the importance of Undoubtedly, fossil fuels will con- energy plan into our vision for the Na- coal to our state of West Virginia. I am tinue to be a primary source for meet- tion’s future would ultimately be to proud to join Senator BYRD in this ef- ing our energy needs into the coming America’s detriment. fort to improve the environmental per- decades. Coal, used in cleaner and more The development of clean coal tech- formance of coal, and to affirm its crit- efficient ways, will be a key component nologies is essential to the betterment ical role in the economy of our State, of that energy strategy. Coal is this of our Nation’s economic, energy, envi- and of the entire Nation. country’s most abundant natural re- ronmental, and security future. I urge When enacted, this legislation will source, providing over half of the Na- my colleagues to support this legisla- foster crucial, collaborative, and cut- tion’s electricity and accounting for tion. ting edge scientific research by the De- one third of our Nation’s total energy Mr. ROCKEFELLER. Mr. President, I partment of Energy and its industry production. am proud today to join with my col- partners into technologies allowing in- Today, a bipartisan group of Mem- league from West Virginia, Senator creasingly cleaner and more efficient bers join me in introducing the Na- BYRD, and Senators THOMAS, BURNS, use of our Nation’s most abundant fos- tional Coal Research, Development, DURBIN, ALLARD, DORGAN, BAYH, sil fuel, coal, as a fuel to produce elec- and Demonstration Act of 2003. I very VOINOVICH, ENZI, CAMPBELL, and tricity. At the same time, this bill will much appreciate the support of Sen- CONRAD, to introduce the National Coal create tax incentives to help coal-fired ators ROCKEFELLER, THOMAS, BURNS, Research, Development and Dem- utilities defray the high cost of instal- DORGAN, ALLARD, DURBIN, VOINOVICH, onstration Act of 2003. This is a bill I lation of clean coal technologies on BAYH, ENZI, CAMPBELL, and CONRAD. We will work very hard to see enacted, be- coal-fired power plants. We have in- believe that this legislation will help cause I believe both that the Nation’s cluded incentives for clean coal tech- to maintain our Nation’s fuel diversity economy will grind to a halt without nologies on both existing power plants by ensuring a key role for coal in our coal, and because sustaining the indis- and those yet to be built. Clean coal Nation’s energy future. pensable role of the Nation’s most technologies used to repower existing This initiative provides a roadmap to abundant energy source can only be ac- plants will allow them to meet our the future by authorizing $2 billion complished by finding environmentally most stringent Clean Air Act standards over that next ten years for a clean sensitive ways of using it. for stationary source emissions. Instal- coal technology demonstration pro- This legislation is the byproduct of lations of these technologies on exist- gram to help speed these technologies more than 5 years of effort to foster ing facilities is important not only to from the laboratory to the market- new scientific research and commercial protect the environment. Perhaps as place. Our legislation aims to improve application of clean coal technologies. significant for our economy, sustaining air quality as well as the efficiency of This has been a collaborative effort be- energy production from these reliable the current fleet of coal-fired power tween members of Congress from both sources of electricity helps insulate plants by providing targeted tax incen- sides of the aisle and both sides of the consumers from the kind of extraor- tives for the installation of these tech- Hill working together with the coal dinary price shocks we have seen re- nologies at existing coal-fired facili- and utility industries, the Department cently in the natural gas and petro- ties. of Energy, the United Mine Workers, leum markets. Additionally, this legislation will and academic and industrial scientists. New facilities designed and built with help meet the need for new infrastruc- The legislation we introduce today is next generation, advanced clean coal ture by providing incentives to deploy substantially similar to legislation in- technologies will be cleaner and more a targeted number of advanced clean troduced in the 107th Congress, which reliable still. Energy experts estimate coal technologies to prove their viabil- formed the basis of the coal tax and that to meet our Nation’s burgeoning ity in the marketplace now and in the coal R&D provisions of the comprehen- demand for electricity, we may see future. Finally, it ensures that all gen- sive energy bill the Senate passed last more than a thousand new electricity erators of coal can compete for these year. generating plants built in the next 20 targeted tax incentives on an equal I have a particular interest in the years. Modest incentives for installa- basis. This initiative is an important clean coal tax provisions. I aggres- tion of advanced clean coal tech- component of a strategy to achieve en- sively argued for them in the Finance nologies will give utilities the ability ergy diversity and independence. Committee, and I was gratified by the to choose cheap and abundant coal as a I have been around Congress for a willingness of then-Chairman BAUCUS fuel source, and still produce air emis- very long time—more than 50 years. and Ranking Member GRASSLEY to sions as clean or cleaner than those Recently, I became the third longest work with me to include meaningful produced by natural gas plants. serving Member of Congress. My asso- coal tax incentives in the bill this body The two sections of this bill con- ciation with coal started early in my passed by an overwhelming majority centrate on different aspects of the life and has continued throughout my and sent to conference with the House. coal picture, and will be considered by many years of service in Congress. Coal As a tax conferee, I again pushed hard different committees in the Senate. has always been with me, it has been for inclusion of the Senate-passed pro- Yet the programs and commercial de- there fore us. Coal is abundant. Coal is visions, over the more expensive and velopment this bill will engender will affordable. Coal is ours! less-inclusive House provisions. Unfor- work hand in hand. The advanced clean Clean coal research and development tunately, the energy conference and coal research and development funded funding and tax incentive legislation the comprehensive energy legislation by this bill, augmented by the data in- gained significant bipartisan and bi- it was so close to producing were al- dustry, academic, and government sci- cameral support during the energy bill lowed to die by some who thought this entists hope to gain from the perform- debates in the 107th Congress. This suc- Congress would be a better setting for ance of the reconfigured existing

VerDate Jan 31 2003 06:20 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.100 S27PT1 S4520 CONGRESSIONAL RECORD — SENATE March 27, 2003 plants, will hasten the deployment of a (A) the screening of catering supplies; tion an amount equal to the amount contrib- fleet of near-zero emission coal-fired (B) checking documents at security check- uted during the taxable year by such indi- plans in the coming decade or two. points; vidual to the Minnesota public employee (C) screening of passengers; and MSA of such individual. I represent a State that produces a (D) screening of persons with access to air- lot of coal, and uses a lot of coal. Be- ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of craft. this section, the term ‘eligible individual’ tween 98 and 99 percent of the elec- (2) The provision of space and facilities means an individual who— tricity in West Virginia is generated used to perform screening functions and ‘‘(1) is in receipt of retirement benefits for with coal. This is higher than any other space used by the Transportation Se- the taxable year from a retirement plan as- other State in the Nation, but West curity Administration. sociated with the State of Minnesota or a po- Virginia electricity consumers are by SEC. 3. REIMBURSEMENT OF AIR CARRIERS FOR litical subdivision thereof, or FORTIFYING COCKPIT DOOR. ‘‘(2) is an employee of the State of Min- no means alone in their dependence on The Secretary of Homeland Security shall coal. The United States is dependent nesota or a political subdivision thereof. reimburse air carriers for the cost of for- ‘‘(c) MINNESOTA PUBLIC EMPLOYEE MSA.— on coal to a degree that I am sure tifying cockpit doors in accordance with sec- ‘‘(1) IN GENERAL.—The term ‘Minnesota comes as a surprise to most people. tion 48301(b) of title 49, United States Code. public employee MSA’ means an Archer MSA Coal produces more than half of the SEC. 4. REIMBURSEMENT OF STATE AND LOCAL which is created or organized exclusively for electricity used in this country. It is LAW ENFORCEMENT. the purpose of playing the qualified medical the primary source of electricity in 32 The Secretary of Homeland Security shall expenses of the eligible individual and— States, accounting for at least 55 per- reimburse State and local law enforcement ‘‘(A) which is designated as a Minnesota cent of the electricity in 25 of these. Of and airport police for complying with any di- public employee MSA, and rectives to provide security for air carriers the remaining 18 States, coal is the ‘‘(B) with respect to which no contribution or at airports. may be made other than a contribution made second most prevalent source of elec- SEC. 5. REIMBURSEMENT FOR AIR MARSHAL by the eligible individual or the employer of tricity in six of them, and a close third TRANSPORTATION. the eligible individual. in two more. So, I thank my fellow co- Section 44917(a) of title 49, United States ‘‘(2) ARCHER MSA; QUALIFIED MEDICAL EX- sponsors for their work on this bill, but Code, is amended by striking paragraphs (4) PENSES.—For purposes of this section, the I say to my colleagues, this is not just and (5), and inserting the following: terms ‘Archer MSA’ and ‘qualified medical important to those of us whose States ‘‘(4) shall require air carriers providing expenses’ shall have the respective meanings flights described in paragraph (1) to provide given to such terms by section 220(d). produce coal. Coal will continue to be a seating for a Federal air marshal on any vital economic resource for the entire ‘‘(d) SPECIAL RULES.—In applying section such flight without regard to the availability 220 to a Minnesota public employee MSA— country. Because of this, and because of seats on the flight at the lowest possible ‘‘(1) subsection (d)(1)(A)(ii) shall not apply, the future health of our environment airfare available for such flight at the time and depends on good decisions made today, of booking; ‘‘(2) subsection (f)(3) shall be treated as in- I recommend this legislation to all of ‘‘(5) may require air carriers to provide, on cluding a reference to this section. my colleagues, and ask for their sup- a space-available basis, to an off-duty Fed- ‘‘(e) REPORTS.—In the case of a Minnesota port in passing it. eral air marshal a seat on a flight to the air- public employee MSA, the report under sec- port nearest the marshal’s home at the low- tion 220(h)— By Mr. COLEMAN (for himself, est possible airfare available for such flight ‘‘(1) shall include the fair market value of if the marshal is traveling to that airport Mr. STEVENS, and Mr. DAYTON): the assets in such Minnesota public em- S. 728. A bill to reimburse the airline after completing his or her security duties;’’. ployee MSA as of the close of each calendar SEC. 6. MORATORIUM ON SECURITY SERVICE year, and industry for homeland security costs, FEE. ‘‘(2) shall be furnished to the account hold- and for other purposes; to the Com- Notwithstanding any other provision of er— mittee on Commerce, Science, and law, the security fees imposed under section ‘‘(A) not later than January 31 of the cal- Transportation. 44940 of title 49, United States Code, shall endar year following the calendar year to Mr. COLEMAN. Mr. President, I ask not apply for the 1-year period beginning on which such reports relate, and unanimous consent that the text of the the date of enactment of this Act and the ‘‘(B) in such manner as the Secretary pre- bill be printed in the RECORD. costs of providing civil aviation security scribes. There being no objection, the bill was services shall be reimbursed by the Sec- ‘‘(f) COORDINATION WITH LIMITATION ON retary of Homeland Security. NUMBER OF TAXPAYERS HAVING ARCHER ordered to be printed in the RECORD, as MSAS.—Subsection (i) of section 220 shall follows: By Mr. COLEMAN (for himself not apply to an individual with respect to a S. 728 and Mr. CHAMBLISS): Minnesota public employee MSA, and Min- Be it enacted by the Senate and House of Rep- S. 729. A bill to amend the Internal nesota public employee MSAs shall not be resentatives of the United States of America in Revenue Code of 1986 to establish a taken into account in determining whether Congress assembled, pilot program to encourage the use of the numerical limitations under section SECTION 1. AVIATION INSURANCE. medical savings accounts by public em- 220(j) are exceeded.’’. (a) AUTHORITY.—Section 44302(a)(1) of title ‘‘(b) DEDUCTION ALLOWED WHETHER OR NOT 49, United States Code, is amended by strik- ployees of the State of Minnesota and TAXPAYER ITEMIZES.—Subsection (a) of sec- ing ‘‘may’’ and inserting ‘‘shall’’. political jurisdictions thereof; to the tion 62 is amended by inserting after para- (b) EXTENSION OF POLICIES.—Section Committee on Finance. graph (18) the following new item: 44302(f)(1) of title 49, United States Code, is Mr. COLEMAN. Mr. President, I ask ‘‘(19) MINNESOTA PUBLIC EMPLOYEE MSAS.— amended by striking ‘‘August 31, 2003, and unanimous consent that the text of the The deduction allowed by section 223.’’. may extend through December 31, 2003,’’ and bill be printed in the RECORD. ‘‘(c) TAX ON EXCESS CONTRIBUTIONS.—Sec- inserting ‘‘December 31, 2007,’’. There being no objection, the bill was tion 4973(d)(1) of such Code (relating to ex- (c) COVERAGE.—Section 44303 of title 49, cess contributions to Archer MSAs) is ordered to be printed in the RECORD, as United States Code, is amended— amended by inserting ‘‘or 223’’ after ‘‘220’’. follows: (1) in subsection (a) by striking ‘‘IN GEN- ‘‘(d) CLERICAL AMENDMENT.—The table of ERAL.—’’ and inserting ‘‘IN GENERAL.—’’; and S. 729 sections for part VII of subchapter B of chap- (2) in subsection (b)— Be it enacted by the Senate and House of Rep- ter 1 of such Code is amended by striking the (A) by striking ‘‘during the period begin- resentatives of the United States of America in last item and inserting the following new ning on’’ and inserting ‘‘on or after’’; and Congress assembled, items: (B) by striking ‘‘and ending on December SECTION 1. SHORT TITLE. 31, 2003,’’. ‘‘Sec. 223. Minnesota public employee MSAs. This Act may be cited as the ‘‘Minnesota (d) TERMINATION DATE.—Section 44310 of ‘‘Sec. 224. Cross reference.’’. title 49, United States Code, and the item re- MSA Empowerment Act of 2003’’. ‘‘(e) EFFECTIVE DATE.—The amendments by lating to such section in the analysis for SEC. 2. DEDUCTION FOR MINNESOTA PUBLIC EM- this section shall apply to taxable years be- chapter 443 are repealed. PLOYEE MSA PILOT PROGRAM. ginning after December 31, 2003. (a) IN GENERAL.—Part VII of subchapter B SEC. 2. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND RELATED of chapter 1 of the Internal Revenue Code of By Mr. BIDEN (for himself and 1986 (relating to additional itemized deduc- ACTIVITIES. Mr. HATCH): The Secretary of Homeland Security shall tions) is amended by redesignating section 223 as section 224 and by inserting after sec- S. 731. A bill to prohibit fraud and re- reimburse air carriers and airports for the lated activity in connection with au- following: tion 222 the following new section: (1) All screening and related activities that ‘‘SEC. 223. MINNESOTA PUBLIC EMPLOYEE MSAS. thentication features, and for other the air carriers or airports perform or are re- ‘‘(a) IN GENERAL.—In the case of an eligible purposes; to the Committee on the Ju- sponsible for performing, including— individual, there shall be allowed as a deduc- diciary.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.102 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4521 Mr. BIDEN. Mr. President, I rise fense, identity theft and underage (2) by inserting before paragraph (2), as re- today, along with Senator HATCH, to drinking. The SAFE ID Act would do designated, the following: introduce the Secure Authentication just that, by cutting the legs out from ‘‘(1) the term ‘authentication feature’ Feature and Enhanced Identification under those who would misuse tech- means any hologram, watermark, certifi- cation, symbol, code, image, sequence of Defense Act of 2003, also known as the nology to mislead government authori- numbers of letters, or other feature that ei- ‘‘SAFE ID’’ Act. My good friend, the ties. ther individually or in combination with an- Senior Senator from Utah, is joining I look forward to working with Sen- other feature is used by the issuing author- me on this important piece of legisla- ator HATCH, Chairman of the Judiciary ity on an identification document, docu- tion. Committee, and my other colleagues, ment-making implement, or means of identi- Two of the terrorists who perpetrated to secure consideration and passage of fication to determine if the document is the acts of 9/11 held false identification this bill. counterfeit, altered, or otherwise falsified;’’; documents, which they purchased from I ask unanimous consent that the (3) in paragraph (4)(A), as redesignated, by inserting ‘‘or was issued under the authority a broker of false IDs. That broker was text of this bill be printed in the of a governmental entity but was subse- convicted, but sentenced merely to pro- RECORD. quently altered for purposes of deceit’’ after bation. The judge and the prosecutor There being no objection, the bill was ‘‘entity’’; publicly lamented that the law did not ordered to be printed in the RECORD, as (4) by inserting after paragraph (4), as re- subject such a person to harsher pen- follows: designated, the following: alties. These events focused new atten- S. 731 ‘‘(5) the term ‘false authentication feature’ means an authentication feature that— tion on an existing, growing problem— Be it enacted by the Senate and House of Rep- the ease with which individuals and or- ‘‘(A) is genuine in origin, but, without the resentatives of the United States of America in authorization of the issuing authority, has ganizations can forge and steal IDs and Congress assembled, been tampered with or altered for purposes use them to harm our society. These SECTION 1. SHORT TITLE. of deceit; circumstances weaken our efforts in This Act may be cited as the ‘‘Secure Au- ‘‘(B) is genuine, but has been distributed, the fight against terrorism; identity thentication Feature and Enhanced Identi- or is intended for distribution, without the theft; underage drinking and drunk fication Defense Act of 2003’’ or ‘‘SAFE ID authorization of the issuing authority and driving; driver’s license, passport and Act’’. not in connection with a lawfully made iden- birth certificate fraud, among others. SEC. 2. FRAUD AND FALSE STATEMENTS. tification document, document-making im- In the post-9/11 era, we must do more to (a) OFFENSES.—Section 1028(a) of title 18, plement, or means of identification to which United States Code, is amended— such authentication feature is intended to be prevent the creation of false, mis- (1) in paragraph (1), by inserting ‘‘, authen- affixed or embedded by the respective issuing leading or inaccurate government IDs. tication feature,’’ after ‘‘an identification authority; or This has become an issue of national document’’; ‘‘(C) appears to be genuine, but is not; importance and therefore merits a na- (2) in paragraph (2)— ‘‘(6) the term ‘issuing authority’— tional response. (A) by inserting ‘‘, authentication fea- ‘‘(A) means any governmental entity or In recent years, the ability of crimi- ture,’’ after ‘‘an identification document’’; agency that is authorized to issue identifica- nals to produce authentic-looking fake and tion documents, means of identification, or IDs has grown immensely. Today, un- (B) by inserting ‘‘or feature’’ after ‘‘such authentication features; and document’’; fortunately, it is becoming increas- ‘‘(B) includes the United States Govern- (3) in paragraph (3), by inserting ‘‘, authen- ment, a State, a political subdivision of a ingly common for criminals to either tication features,’’ after ‘‘possessor)’’; State, a foreign government, a political sub- steal or forge, and traffic in, the very (4) in paragraph (4)— division of a foreign government, or an inter- items that issuing authorities use to (A) by inserting ‘‘, authentication fea- national government or quasi-governmental verify the authenticity of their IDs. ture,’’ after ‘‘possessor)’’; and organization;’’; These ‘‘authentication features’’ are (B) by inserting ‘‘or feature’’ after ‘‘such (5) in paragraph (10), as redesignated, by the holograms, watermarks, and other document’’; striking ‘‘and’’ at the end; (5) in paragraph (5), by inserting ‘‘or au- (6) in paragraph (11), as redesignated, by symbols, letters and codes used in iden- thentication feature’’ after ‘‘implement’’ tification documents to prove that striking the period at the end and inserting; each place that term appears; and’’; and they are authentic. Unfortunately, (6) in paragraph (6)— (7) by adding at the end the following: today IDs carrying authentication fea- (A) by inserting ‘‘or authentication fea- ‘‘(12) the term ‘traffic’ means— tures can be purchased on the Internet ture’’ before ‘‘that is or appears’’; ‘‘(A) to transport, transfer, or otherwise or through mail order outfits. In addi- (B) by inserting ‘‘or authentication fea- dispose of, to another, as consideration for tion, breeder documents, such as birth ture’’ before ‘‘of the United States’’; anything of value; or (C) by inserting ‘‘or feature’’ after ‘‘such ‘‘(B) to make or obtain control of with in- certificates, are desk-top published, document’’; and with an illegitimate embossed or foil tent to so transport, transfer, or otherwise (D) by striking ‘‘or’’ at the end; dispose of.’’. seal. Put another way, not only do (7) in paragraph (7), by inserting ‘‘or’’ after (e) ADDITIONAL PENALTIES.—Section 1028 of crooks forge identification documents, the semicolon; and title 18, United States Code, is amended— they also now illegally fake or steal (8) by inserting after paragraph (7) the fol- (1) by redesignating subsection (h) as sub- the very features issuing authorities lowing: section (i); and use to fight that crime. ‘‘(8) knowingly traffics in false authentica- (2) by inserting after subsection (g) the fol- Under current law, it is not illegal to tion features for use in false identification lowing: documents, document-making implements, possess, traffic in, or use false or mis- ‘‘(h) FORFEITURE; DISPOSITION.—In the cir- or means of identification;’’. cumstance in which any person is convicted leading authentication features whose (b) PENALTIES.—Section 1028(b) of title 18, of a violation of subsection (a), the court purpose is to create fraudulent IDs. United States Code, is amended— shall order, in addition to the penalty pre- (1) in paragraph (1)— That is why I am today introducing the scribed, the forfeiture and destruction or (A) in subparagraph (A)— SAFE ID Act. other disposition of all illicit authentication (i) by inserting ‘‘, authentication feature,’’ The SAFE ID Act would prohibit the features, identification documents, docu- before ‘‘or false’’; and fraudulent use of authentication fea- ment-making implements, or means of iden- (ii) in clause (i), by inserting ‘‘or authen- tures in identity documents. Specifi- tification.’’. tication feature’’ after ‘‘document’’; and cally, the SAFE ID Act adds authen- (B) in subparagraph (B), by inserting ‘‘, au- (f) TECHNICAL AND CONFORMING AMEND- tication features to the list of items thentication features,’’ before ‘‘or false’’; and MENT.—Section 1028 of title 18, United States covered by 10 U.S.C. 1028(a), an existing (2) in paragraph (2)(A), by inserting ‘‘, au- Code, is amended in the heading by inserting law prohibiting fraud and related activ- thentication feature,’’ before ‘‘or a false’’. ‘‘, AUTHENTICATION FEATURES,’’ after ‘‘DOCUMENTS’’. ity in connection with identification (c) CIRCUMSTANCES.—Section 1028(c)(1) of documents. In addition, the Act re- title 18, United States Code, is amended by quires forfeiture of any violative items, inserting ‘‘, authentication feature,’’ before By Mr. BAUCUS (for himself, Mr. ‘‘or false’’ each place that term appears. such as false authentication features HATCH, Mr. ROCKEFELLER, and Mr. (d) DEFINITIONS.—Section 1028(d) of title 18, JEFFORDS): and relevant equipment. United States Code, is amended— It is rare that we have before us leg- (1) by redesignating paragraphs (1), (2), (3), S. 732. A bill to amend title XI of the islation that would effectively address (4), (5), (6), (7), and (8) as paragraphs (2), (3), Social Security Act to create an inde- problems as disparate as homeland de- (4), (7), (8), (9), (10), and (11), respectively; pendent and nonpartisan commission

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.071 S27PT1 S4522 CONGRESSIONAL RECORD — SENATE March 27, 2003 to assess the health care needs of the later, the CHIP program was signed S. 733. A bill to authorize appropria- uninsured and to monitor the financial into law, bipartisan legislation to tions for fiscal year 2004 for the United stability of the Nation’s health care cover children of working families. And States Coast Guard, and for other pur- safety net; to the Committee on Fi- last year, we worked together to pro- poses; to the Committee on Commerce, nance. vide health coverage for workers who Science, and Transportation. Mr. BAUCUS. Mr. President, it has lost their jobs because of increased Ms. SNOWE. Mr. President, today I been said that, ‘‘Good health and good international trade. am pleased to introduce the Coast sense are two of life’s greatest bless- While these incremental steps have Guard Authorization Act of 2003. ings.’’ Senators HATCH, ROCKEFELLER, helped, we need to do more. Last year The Coast Guard serves as the guard- JEFFORDS and I hope to further the I introduced bipartisan legislation to ian of our maritime homeland security cause of good health and good sense provide employers with tax credits so and provides many critical services for today, through introduction of the they can offer their employees health our Nation. Last year alone, the Coast Health Care Safety Net Oversight Act insurance. And I am hopeful that the Guard responded to over 39,000 calls for of 2003. Baucus-Smith, OR bill can be enacted assistance, assisted $1.5 billion in prop- Currently no entity oversees Amer- into law. erty, and saved 3,653 lives. These brave ica’s health care safety net. This But the fact remains, for most unin- men and women risk their lives to de- means that safety net providers—in- sured and underinsured Americans, the fend our borders from drugs, illegal im- cluding public and teaching hospitals, safety net is still the only place to migrants, act of terror, and other na- emergency departments, community turn. tional security threats. In 2002, the health centers and rural health clin- Yet, the safety net has been seriously Coast Guard seized 117,780 pounds of co- ics—are laboring on their own. They damaged in recent years. According to caine and 40,316 pounds of marijuana are like master musicians performing report a few years ago by the Institute preventing them from reaching our without a conductor. Each is trying of Medicine, the health care safety net streets and playgrounds. They also their hardest and performing their is ‘‘intact but endangered.’’ stopped over 5,100 illegal migrants from And according to a report I requested part—but no one is coordinating their reaching our shores. They conducted of the General Accounting Office, efforts. patrols to protect our vital fisheries This Act changes that, by creating issued today, emergency departments stocks and they responded to over across the nation are facing severe the Safety Net Organizations and Pa- 12,000 pollution incidents. overcrowding problems, forced to send tient Advisory Commission— In the wake of September 11, the men patients to other hospitals. The GAO SNOPAC—an independent and non- and women of the Coast Guard have found that about two-thirds of hos- partisan commission to monitor the been working harder than ever in the pitals reported asking ambulances to health care safety net. service’s largest peace-time port secu- be diverted to other hospitals at some Safety net providers are often the rity operation since World War II. This point in fiscal year 2001. And about 10 last resort for patients unable to afford rapid escalation of the Coast Guard’s percent of hospitals reported being on the health care they need. For exam- homeland security mission continues diversion status for more than 20 per- ple, in my State of Montana, we have today. Last year alone, the Coast cent of the year. Guard aggressively defended our home- eight community health centers, serv- September 11 taught us that we need land by conducting more than 36,000 ing about 44,000 Montanans per year. to be ready. Our emergency response Without these health centers, many of systems must be prepared to manage port security patrols, boarded over these uninsured and underinsured Mon- an unexpected terrorist attack. But 10,000 vessels, escorted over 6,000 ves- tanans would have no place to turn. based on the GAO’s findings, it seems sels, and maintained more than 115 se- According to a recent report, nearly that we are far from prepared. If emer- curity zones. While our new reality re- 75 million Americans lacked health in- gency departments cannot care for all quires the Coast Guard to maintain a surance at some time in the past two the patients they are sent under cur- robust homeland security posture, years—amounting to almost one-third rent conditions, how can we expect these new priorities must not diminish of all Americans younger than 65. Of them to manage a terrorist attack of the Coast Guard’s focus on its tradi- these 74.7 million individuals, about 30 potentially catastrophic proportions? tional missions such as marine safety, percent had no coverage at some time We need an entity responsible for rec- search and rescue, aids to navigation, in 2001 and 2002 while 65 percent had no ommending changes to our safety net, fisheries law enforcement, and marine coverage for at least six months. including our emergency departments. environmental protection. And who are these people? In Mon- And though SNOPAC will not solve the And recently we have asked even tana, about 80 percent of uninsured in- problems of America’s uninsured, it more of the Coast Guard. Last Novem- dividuals are in working families. And will work to ensure that safety net is ber we passed the Homeland Security self-employed workers—including own- not further frayed. An independent, Act of 2002 which recently transferred ers of small businesses—and their de- non-partisan commission, modeled on the Coast Guard from the Department pendents account for about one-fifth of the Medicare Payment Advisory Com- of Transportation to the new Depart- the uninsured in our State. Montana mission (MedPAC), SNOPAC will in- ment of Homeland Security. This his- has one of the lowest rates of em- clude professionals from across the pol- toric law positions the Coast Guard as ployer-sponsored insurance in the Na- icy and practical spectrum of health a cornerstone of the new Department, tion, with about 46 percent of Mon- care. And like MedPAC, SNOPAC will but also recognizes that the Coast tanans receiving health insurance report to the relevant committees of Guard is responsible for many other through their employers. Congress on the status of its mission: missions on which Americans depend. So what do we do about this prob- tracking the well-being of the health First and foremost, it ensures that lem? How do we ensure that all Ameri- care safety net. the Coast Guard will remain a distinct cans, irrespective of color, creed, gen- SNOPAC is not a panacea. But it is a entity and continue in its role as one of der, or geography, have access to qual- positive step toward a coordinated ap- the five Armed Services. The Coast ify health care? proach in caring for the uninsured. Ab- Guard plays a unique role in our gov- About 10 years ago Congress and the sent large-scale improvements in the ernment, by serving both an armed Administration worked on the problem number of insured Americans, we service as well as a law enforcement of the uninsured. A tremendous should at least work to monitor and agency and this must not be changed amount of time and effort went into care for what we already have—an in- or altered. It also contains language the Health Security Act, on both sides tact, but endangered, health care safe- which maintains the primacy of the of the issue. As we know, passage of ty net. Coast Guard’s diverse missions, pre- that bill failed. Since then, Congress I urge all my colleagues to join me in vents the Secretary of this new depart- has taken a more incremental ap- this effort towards good health and ment from making substantial or sig- proach to the uninsured. Congress good sense. nificant changes to the Coast Guard’s passed legislation in 1996 to ensure non-homeland security missions, and portability of health insurance. A year By Ms. SNOWE: prohibits the new department from

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.092 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4523 transferring any Coast Guard personnel and aircraft. The Coast Guard operates Sec. 309. Increase in civil penalties for or assets to another agency except for the third oldest of the world’s 39 simi- violations of certain bridge personnel details and assignment that lar naval fleets with several cutters statutes. Sec. 310. Civil penalties for failure to do not reduce the Service’s capability dating back to World War II. These comply with recreational vessel to perform its non-homeland security platforms are technologically obsolete, and associated equipment safe- missions. require excessive maintenance, lack es- ty standards. By introducing the Coast Guard Au- sential speed, and have poor interoper- Sec. 311. Oil spill liability trust fund; thorization bill today, I intend to con- ability which in turn limit their over- emergency fund. tinue giving the Coast Guard my full all mission effectiveness and efficiency. Sec. 312. Law enforcement powers. support, and I hope my colleagues will Sec. 313. Correction to definition of Fed- Unfortunately they are reaching the eral law enforcement agencies work with me to provide the Coast end of their serviceable life just as the in the Enhanced Border Secu- Guard with the resources that it needs Coast Guard needs them the most. rity and Visa Entry Reform Act to carry out its many critically impor- The Coast Guard is in the early of 2002. tant missions. Unfortunately Coast stages of a major recapitalization pro- Title IV—Miscellaneous Guard’s rapid operational escalation gram for the ships and aircraft de- Sec. 401. Conveyance of lighthouses. has come on the backs of its 38,000 men signed to operate more than 50 miles Sec. 402. LORAN-C. and women who faithfully serve our offshore. The Integrated Deepwater TITLE I—AUTHORIZATION country. I believe we need to shift this System acquisition program is critical SEC. 101. AUTHORIZATION OF APPROPRIATIONS burden off our people and instead ade- to the future viability of the Coast FOR FISCAL YEAR 2004. quately provide the Coast Guard with Guard. I wholeheartedly support this There are authorized to be appropriated for the resources it needs. initiative and the system-of-systems necessary expenses of the Coast Guard for The bill I introduce today authorizes procurement strategy the Coast Guard fiscal year 2004 the following amounts: funding and personnel levels for the is utilizing. This bill authorizes full (1) For the operation and maintenance of Coast Guard in Fiscal Year 2004. The the Coast Guard, $4,729,000,000, of which funding for this critical long-term re- $25,000,000 shall be derived from the Oil Spill bill authorizes funding for FY 2004 at capitalization program. Liability Trust Fund. $6.7 billion. This represents a 9.4 per- I ask unanimous consent that the (2) For the acquisition, construction, re- cent increase over the levels contained text of the bill be printed in the building, and improvement of aids to naviga- in last year’s authorization bill and a RECORD. tion, shore and offshore facilities, vessels, 13 percent increase over the funds re- There being no objection, the bill was and aircraft, including equipment related quested for Fiscal Year 2003. This au- ordered to be printed in the RECORD, as thereto, $775,000,000 to remain available until thorization will help restore the Coast follows: expended, of which $20,000,000 shall be de- Guard’s non-homeland security mis- rived from the Oil Spill Liability Trust Fund S. 733 to carry out the purposes of section 1012(a)(5) sions such as search and rescue, fish- Be it enacted by the Senate and House of Rep- of the Oil Pollution Act of 1990. eries enforcement, and marine environ- resentatives of the United States of America in (3) For research, development, test, and mental protection to near their pre- Congress assembled, evaluation of technologies, materials, and September 11, 2001 levels. SECTION 1. SHORT TITLE. human factors directly relating to improving This bill also includes numerous This Act may be cited as the ‘‘Coast Guard the performance of the Coast Guard’s mis- measures which will improve the Coast Authorization Act of 2003’’. sion in support of search and rescue, aids to Guard’s ability to recruit, reward, and SEC. 2. TABLE OF CONTENTS. navigation, marine safety, marine environ- retain high-quality personnel. It ad- The table of contents for this Act is as fol- mental protection, enforcement of laws and dresses various Coast Guard personnel lows: treaties, ice operations, oceanographic re- search, and defense readiness, $22,000,000, to management and quality of life issues Sec. 1. Short title. Sec. 2. Table of contents. remain available until expended, of which such by providing eligible enlisted per- $3,500,000 shall be derived from the Oil Spill sonnel with a critical skills training Title I—Authorization Liability Trust Fund. bonus, amending the number and dis- Sec. 101. Authorization of appropria- (4) For retired pay (including the payment tribution of commissioned officers to tions. of obligations otherwise chargeable to lapsed retain needed skill sets and experi- Sec. 102. Authorized Levels of military appropriations for this purpose), payments strength and training. ences, expanding the Coast Guard’s under the Retired Serviceman’s Family Pro- housing authorities to ease housing Title II—Coast Guard Personnel, Financial, and tection and Survivor Benefit Plans, and pay- Property Management ments for medical care of retired personnel shortages, and including several meas- Sec. 201. Enlisted member critical skill and their dependents under chapter 55 of ures that grant the Coast Guard parity training bonus. title 10, United States Code, $1,020,000,000, to with the other Armed Services. Sec. 202. Amend limits to the number remain available until expended. Another critical provision in the bill and distribution of officers. (5) For environmental compliance and res- will enable us to better oversee the his- Sec. 203. Expansion of Coast Guard hous- toration at Coast Guard facilities (other toric and beautiful lighthouses that we ing authorities. than parts and equipment associated with have entrusted to non-profit groups Sec. 204. Property owned by auxiliary operations and maintenance), $17,000,000, to across the country. Over the years we units and dedicated solely for remain available until expended. auxiliary use. have transferred numerous lighthouses (6) For alteration or removal of bridges Sec. 205. Coast Guard auxiliary units as over navigable waters of the United States and we need to ensure that these instrumentalities of the United constituting obstructions to navigation, and groups continue to be responsible stew- States for taxation purposes. for personnel and administrative costs asso- ards of these national treasures. Unfor- Title III—Law Enforcement, Marine Safety, and ciated with the Bridge Alteration Program— tunately, we have recently learned of Environmental Protection (A) $16,000,000, to remain available until ex- lighthouses which have been allowed to Sec. 301. Marking of underwater wrecks. pended; and deteriorate and one that was even of- Sec. 302. Ports and waterways partner- (B) $2,000,000, to remain available until ex- fered for sale through a real estate ships/cooperative ventures. pended, which may be utilized for construc- broker. This provision will ensure Sec. 303. Reports from charterers. tion of a new Chelsea Street Bridge over the Sec. 304. Revision of temporary suspen- Chelsea River in Boston, Massachusetts. these national treasures are protected sion criteria in suspension and SEC. 102. AUTHORIZED LEVELS OF MILITARY and will allow the Secretary of Interior revocation cases. STRENGTH AND TRAINING. to monitor future lighthouse convey- Sec. 305. Revision of bases for suspension (a) END-OF-YEAR STRENGTH FOR FISCAL ances and ensure that they meet all of and revocation cases. YEAR 2004.—The Coast Guard is authorized the conditions of the original transfers. Sec. 306. Removal of mandatory revoca- an end-of-year strength of active duty per- Finally, we must recognize that the tion for proved drug convic- sonnel of 45,500 as of September 30, 2004. United States Coast Guard is a force tions in suspension and revoca- (b) TRAINING STUDENT LOADS FOR FISCAL conducting 21st century operations tion cases. YEAR 2004.—For fiscal year 2004, the Coast Sec. 307. Records of merchant mariner’s Guard is authorized average military train- with 20th century technology. To ac- documents. ing student loads as follows: complish its many vital missions, the Sec. 308. Exemption of unmanned barges (1) For recruit and special training, 2,250 Coast Guard desperately needs to re- from certain citizenship re- student years. capitalize its offshore fleet of cutters quirements. (2) For flight training, 125 student years.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.086 S27PT1 S4524 CONGRESSIONAL RECORD — SENATE March 27, 2003 (3) For professional training in military mines are suitable for use as military family ment to mark a wrecked vessel, raft, or and civilian institutions, 300 student years. housing or as military unaccompanied hous- other craft with a light at night if the Com- (4) For officer acquisition, 1,150 student ing. mandant determines that placing a light years. ‘‘(2) The Secretary shall establish such would be impractical and granting such a TITLE II—COAST GUARD PERSONNEL, FI- terms and conditions with respect to loans waiver would not create an undue hazard to NANCIAL, AND PROPERTY MANAGE- made under this subsection as the Secretary navigation.’’. MENT considers appropriate to protect the inter- SEC. 302. PORTS AND WATERWAYS PARTNER- ests of the United States, including the pe- SHIPS; COOPERATIVE VENTURES. SEC. 201. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS. riod and frequency for repayment of such Section 4 of the Ports and Waterways Safe- loans and the obligations of the obligors on (a) IN GENERAL.—Chapter 11 of title 14, ty Act (33 U.S.C. 1223), is amended— United States Code, is amended by adding at such loans upon default.’’; (1) by striking ‘‘and’’ after the semicolon the end the following: (4) by striking ‘‘subsection (b),’’ in sub- in subsection (a)(4)(D); section (b), as redesignated, and inserting (2) by striking ‘‘environment.’’ in sub- ‘‘§ 374. Critical skill training bonus ‘‘subsection (c),’’; and section (a)(5) and inserting ‘‘environment;’’; ‘‘(a) The Secretary may provide a bonus, (5) by striking the subsection heading for (3) by adding at the end of subsection (a) not to exceed $20,000, to enlisted members subsection (c), as redesignated, and inserting the following: who complete training in a skill designated ‘‘(c) DIRECT LOANS AND LOAN GUARANTEES.— ‘‘(6) may carry out the functions under as critical, provided at least four years of ob- ’’. paragraph (1) of this subsection, at the Sec- ligated active service remain on the mem- (c) CONFORMING AMENDMENT.—The chapter retary’s discretion and on such terms and ber’s enlistment at the time the training is analysis for chapter 17 of title 14, United conditions as the Secretary deems appro- completed. A bonus under this section may States Code, is amended by striking the item priate, either solely, or in cooperation with a be paid in a single lump sum or in periodic related to section 682 and inserting the fol- public or private agency, authority, associa- installments. lowing: tion, institution, corporation, organization ‘‘(b) If an enlisted member voluntarily or ‘‘682. Direct loans and loan guarantees.’’. or persons, except that a non-governmental because of misconduct does not complete his SEC. 204. PROPERTY OWNED BY AUXILIARY entity may not carry out an inherently gov- or her term of obligated active service, the UNITS AND DEDICATED SOLELY FOR ernmental function; and Secretary may require the member to repay AUXILIARY USE. ‘‘(7) may, for the purpose of carrying out the United States, on a pro rata basis, all Section 821 of title 14, United States Code, the Secretary’s functions under paragraph sums paid under this section. The Secretary is amended by adding at the end the fol- (1) of this subsection, convey or lease real shall charge interest on the reimbursed lowing: property under the administrative control of amount at a rate, to be determined quar- ‘‘(d) Subject to the approval of the Com- the Coast Guard to public or private agen- terly, equal to 150 percent of the average of mandant: cies, authorities, associations, institutions, the yields on the 91-day Treasury bills auc- ‘‘(1) The Coast Guard Auxiliary and each corporations, organizations, or persons for tioned during the preceding calendar quar- organizational element and unit (whether or such consideration and upon such terms and ter.’’. not incorporated), shall have the power to conditions as the Secretary considers appro- (b) CONFORMING AMENDMENT.—The chapter acquire, own, hold, lease, encumber, mort- priate, except that the term of any such analysis for chapter 11 of title 14, United gage, transfer, and dispose of personal prop- lease shall not exceed 20 years.’’; and States Code, is amended by inserting after erty for the purposes set forth in section 822. (4) by adding at the end the following: the item relating to section 373 the fol- Personal property owned by the Auxiliary or ‘‘(e) SPECIAL PROVISIONS RELATING TO SUB- lowing: an Auxiliary unit, or any element thereof, SECTION (a)(6) AND (7).— ‘‘374. Critical skill training bonus.’’. whether or not incorporated, shall at all ‘‘(1) DEFINITION OF INHERENTLY GOVERN- SEC. 202. AMEND LIMITS TO THE NUMBER OF times be deemed to be property of the United MENTAL FUNCTION.—For purposes of sub- COMMANDERS AND LIEUTENANT States for the purposes of the statutes de- section (a)(6), the term ‘inherently govern- COMMANDERS. scribed in paragraphs (1) through (6) of sub- mental function’ means any activity that is Section 42 of title 14, United States Code, section (b) while such property is being used so intimately related to the public interest is amended — by or made exclusively available to the Aux- as to mandate performance by an officer or (1) by striking ‘‘The’’ in subsection (a) and iliary as provided in section 822. employee of the Federal Government, includ- inserting ‘‘Except in time of war or national ‘‘(2) Personal property owned by the Auxil- ing an activity that requires either the exer- emergency declared by Congress or the iary or an Auxiliary unit or any element or cise of discretion in applying the authority President, the’’; unit thereof, shall not be considered prop- of the Government or the use of judgment in (2) by striking ‘‘6,200.’’ in subsection (a) erty of the United States for any other pur- making a decision for the Government). and inserting ‘‘7,100. In time of war or na- pose or under any other provision of law ex- ‘‘(2) DISPOSITION OF PROCEEDS FROM CON- tional emergency, the Secretary shall estab- cept as provided in sections 821 through 832 VEYANCES AND LEASES.—Amounts collected lish the total number of commissioned offi- and section 641 of this title. The necessary under subsection (a)(7) shall be credited to a cers, excluding commissioned warrant offi- expenses of operation, maintenance and re- special fund in the Treasury and ascribed to cers, on active duty in the Coast Guard.’’; pair or replacement of such property may be the Coast Guard. The amounts collected and reimbursed using appropriated funds. shall be available to the Coast Guard’s ‘Oper- (3) by striking ‘‘commander 12.0; lieuten- ‘‘(3) For purposes of this subsection, per- ating Expenses’ account without further ap- ant commander 18.0.’’ in subsection (b) and sonal property includes, but is not limited propriation and without fiscal year limita- inserting ‘‘commander 15.0; lieutenant com- to, motor boats, yachts, aircraft, radio sta- tion, and the amounts appropriated from the mander 22.0.’’. tions, motorized vehicles, trailers, or other general fund for that account shall be re- SEC. 203. EXPANSION OF COAST GUARD HOUSING equipment.’’. duced by the amounts so collected. AUTHORITIES. SEC. 205. COAST GUARD AUXILIARY UNITS AS IN- ‘‘(3) NONAPPLICATION OF CERTAIN ACTS.—A (a) DEFINITIONS.—Section 680 of title 14, STRUMENTALITIES OF THE UNITED conveyance or lease of real property under United States Code, is amended by adding at STATES FOR TAXATION PURPOSES. subsection (a)(7) is not subject to the Federal the end the following: Section 821(a) of title 14, United States Property and Administrative Services Act of ‘‘(5) The term ‘eligible entity’ means any Code, is amended by inserting ‘‘The Auxil- 1949 (40 U.S.C. 471 et seq.), section 321 of the private person, corporation, firm, partner- iary and each organizational element and Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. ship, company, State or local government, or unit shall be deemed to be instrumentalities 303b), or the Stewart B. McKinney Homeless housing authority of a State or local govern- and political subdivisions of the United Assistance Act (42 U.S.C. 11301 et seq.).’’. ment.’’. States for taxation purposes and for those SEC. 303. REPORTS FROM CHARTERERS. exemptions as provided under section 107 of (b) DIRECT LOANS AND LOAN GUARANTEES.— Section 12120 of title 46, United States title 4, United States Code.’’ after the second Section 682 of title 14, United States Code, is Code, is amended by striking ‘‘owners and sentence. amended — masters’’ and inserting ‘‘owners, masters, (1) by striking the section heading and in- TITLE III—LAW ENFORCEMENT, MARINE and charterers’’. serting the following: SAFETY, AND ENVIRONMENTAL PRO- SEC. 304. REVISION OF TEMPORARY SUSPENSION ‘‘§ Direct loans and loan guarantees’’ ; TECTION CRITERIA IN SUSPENSION AND REV- (2) by redesignating subsections (a) and (b) SEC. 301. MARKING OF UNDERWATER WRECKS. OCATION CASES. as subsections (b) and (c), respectively; Section 15 of the Act of March 3, 1899 (30 Section 7702(d)(1) of title 46, United States (3) by inserting before subsection (b), as re- Stat. 1152; 33 U.S.C. 409) is amended — Code, is amended— designated, the following: (1) by striking ‘‘day and a lighted lantern’’ (1) by striking ‘‘if, when acting under the ‘‘(a) DIRECT LOANS.— in the second sentence inserting ‘‘day and, authority of that license, certificate, or doc- ‘‘(1) Subject to subsection (c), the Sec- unless otherwise granted a waiver by the ument—’’ and inserting ‘‘if—’’; retary may make direct loans to an eligible Commandant of the Coast Guard, a light’’; (2) by striking ‘‘has’’ in subparagraph (B)(i) entity in order to provide funds to the eligi- and and inserting ‘‘has, while acting under the ble entity for the acquisition or construction (2) by adding at the end ‘‘The Commandant authority of that license, certificate, or doc- of housing units that the Secretary deter- of the Coast Guard may waive the require- ument,’’;

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.076 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4525 (3) by striking ‘‘or’’ at the end of subpara- (2) by striking ‘‘4307(a)(1),’’ in the second for operation of the LORAN-C system, for graph (B)(ii); sentence of subsection (b) and inserting capital expenses related to LORAN-C naviga- (4) by striking ‘‘1982.’’ in subparagraph ‘‘4307(a),’’: tion infrastructure, $25,000,000 for fiscal year (B)(iii) and inserting ‘‘1982; or’’; and (3) by redesignating paragraphs (1) and (2) 2004. The Secretary of Transportation may (5) by adding at the end of subparagraph of subsection (b) as subparagraphs (A) and transfer from the Federal Aviation Adminis- (B) the following: (B), respectively; tration and other agencies of the Depart- ‘‘(iv) is a threat to the safety or security of (4) by adding at the end of subsection (b) ment funds appropriated as authorized under a vessel or a public or commercial structure the following: this section in order to reimburse the Coast located within or adjacent to the marine en- ‘‘(2) Any person, including, a director, offi- Guard for related expenses. vironment.’’. cer, or executive employee of a corporation, Mr. KERRY. Mr. President, I rise SEC. 305. REVISION OF BASES FOR SUSPENSION who knowingly and willfully violates section today to discuss the merits of the & REVOCATION CASES. 4307(a) of this title, shall be fined not more Coast Guard Authorization Act of 2003. Section 7703 of title 46, United States Code, than $10,000, imprisoned for not more than This bill authorizes appropriations for is amended— one year, or both.’’; and fiscal year 2004 for the Coast Guard and (5) by striking ‘‘$1,000.’’ in subsection (c) (1) by striking ‘‘incompetence’’ in para- will be introduced by my sub- graph (1)(B); and inserting ‘‘$5,000.’’. committee chairman Senator SNOWE (2) by striking ‘‘or’’ after the semicolon in SEC. 311. OIL SPILL LIABILITY TRUST FUND; paragraph (2); EMERGENCY FUND. today. I thank Senator SNOWE for her (3) by striking ‘‘1982.’’ in paragraph (3) and Section 6002(b) of the Oil Pollution Act of work on this legislation and her will- inserting ‘‘1982;’’; and 1990 (33 U.S.C. 2752(b)) is amended by striking ingness to work with me and others on (4) by adding at the end the following: ‘‘$50,000,000’’ and inserting ‘‘$150,000,000’’. the Commerce Committee to improve ‘‘(4) has committed an act of incom- SEC. 312. LAW ENFORCEMENT POWERS. it. petence; or (a) IN GENERAL.—Chapter 5 of title 14, The events of September 11 resulted ‘‘(5) is a threat to the safety or security of United States Code, is amended by inserting in a new mandate for the Coast Guard a vessel or a public or commercial structure after section 95 the following: located within or adjacent to the marine en- as port security and homeland defense ‘‘§ 95a. Law enforcement powers vironment.’’. missions rose to the forefront of its re- ‘‘(a) IN GENERAL.—Subject to guidelines SEC. 306. REMOVAL OF MANDATORY REVOCA- sponsibilities. Homeland Security offi- TION FOR PROVED DRUG CONVIC- approved by the Secretary and the Attorney cials realized that our ports and TIONS IN SUSPENSION & REVOCA- General, members of the Coast Guard may, sddcoastlines were vulnerable to ter- TION CASES. in the performance of official duties— ‘‘(1) carry firearms; rorist attacks and quickly charged the Section 7704(b) of title 46, United States Coast Guard with additional missions Code, is amended by inserting ‘‘suspended ‘‘(2) make arrests without warrant for any or’’ after ‘‘shall be’’. offense against the United States committed to help protect the homeland. Though I SEC. 307. RECORDS OF MERCHANT MARINERS’ in their presence, or for any felony cog- have no doubt that the Coast Guard DOCUMENTS. nizable under the laws of the United States will continue to play a valuable role in Section 7319 of title 46, United States Code, if they have reasonable grounds to believe our domestic security, as it should, I is amended by striking the second sentence. that the person to be arrested has committed have voiced my concern over the past SEC. 308. EXEMPTION OF UNMANNED BARGES or is committing such felony; and year that traditional missions have ‘‘(3) seize property as provided by law. FROM CERTAIN CITIZENSHIP RE- suffered as a result of these new secu- QUIREMENTS. ‘‘(b) APPLICATION WITH OTHER AUTHOR- (a) Section 12110(d) of title 46, United ITY.—The provisions of this section are in ad- rity responsibilities. Fishery patrols, States Code, is amended by inserting ‘‘or an dition to any powers conferred by law upon drug and illegal immigrant interdic- unmanned barge operating outside of the ter- such officers, and not in limitation of any tion and Marine resources protection ritorial waters of the United States,’’ after powers conferred by law upon such officers, have in large measure fallen by the ‘‘recreational endorsement,’’. or any other officers of the United States.’’. wayside since September 11. We simply (b) Section 12122(b)(6) of title 46, United (b) CONFORMING AMENDMENT.—The chapter cannot allow this to happen. We should States Code, is amended by inserting ‘‘or an analysis for chapter 5 of title 14, United provide the Coast Guard sufficient States Code, is amended by inserting after unmanned barge operating outside of the ter- funding to meet its new and traditional ritorial waters of the United States,’’ after the item relating to section 95 the following: ‘‘recreational endorsement,’’. missions. ‘‘95a. Law enforcement powers.’’. In light of this, I am pleased that the SEC. 309. INCREASE IN CIVIL PENALTIES FOR SEC. 313. CORRECTION TO DEFINITION OF FED- VIOLATIONS OF CERTAIN BRIDGE ERAL LAW ENFORCEMENT AGEN- bill increases the Coast Guard’s budget STATUTES. CIES IN THE ENHANCED BORDER SE- by 10 percent, to $6.8 billion. This re- (a) Section 5(b) of the Bridge Act of 1906 (33 CURITY AND VISA ENTRY REFORM flects a $500 million increase over last U.S.C. 495) is amended by striking ‘‘$1,000.’’ ACT OF 2002. year’s budget and is virtually identical and inserting ‘‘$25,000.’’. Paragraph (4) of section 2 of the Enhanced to what the President has requested. Of (b) Section 5(c) of the Act entitled ‘‘An Act Border Security and Visa Entry Reform Act making appropriations for the construction, of 2002, Pub.L. 107-173, is amended by striking this amount, roughly $4.7 billion is ear- repair, and preservation of certain public subparagraph (G) and inserting the fol- marked for operating expenses, an in- works on rivers and harbors, and for other lowing: crease of $400 million over fiscal year purposes’’, approved August 18, 1894 (33 ‘‘(G) The United States Coast Guard.’’. 2003. The bill also authorizes $775 mil- U.S.C. 499), is amended by striking ‘‘$1,000.’’ TITLE IV—MISCELLANEOUS lion for acquisition, construction and and inserting ‘‘$25,000.’’. SEC. 401. CONVEYANCE OF LIGHTHOUSES. improvements, a $33 million increase (c) Section 18(c) of the Act entitled ‘‘An over fiscal year 2003. Act making appropriations for the construc- Section 308(c) of the National Historic Lighthouse Preservation Act of 2000 (16 Although I support these budget tion, repair, and preservation of certain pub- numbers, I have not co-sponsored the lic works on rivers and harbors, and for other U.S.C. 470w-7(c)) is amended by adding at the purposes’’, enacted March 3, 1899 (33 U.S.C. end the following: bill because it does not include an au- ‘‘(4) LIGHTHOUSES ORIGINALLY CONVEYED 502) is amended by striking ‘‘$1,000.’’ and in- thorization for the costs the Coast UNDER OTHER AUTHORITY.—Upon receiving no- serting ‘‘$25,000.’’. Guard will incur complying with the (d) Section 510(b) of the General Bridge Act tice of an executed or intended conveyance Maritime Transportation Security Act by sale, gift, or any other manner of a light- of 1946 (33 U.S.C. 533) is amended by striking we passed last year. We know that the ‘‘$1,000.’’ and inserting ‘‘25,000.’’. house conveyed under authority other than this Act, the Secretary shall review the exe- Coast Guard will require addition funds SEC. 310. CIVIL PENALTIES FOR FAILURE TO cuted or proposed conveyance to ensure that to oversee and coordinate the port se- COMPLY WITH RECREATIONAL VES- SEL AND ASSOCIATED EQUIPMENT any new owner will comply with any and all curity upgrades mandated by the law, SAFETY STANDARDS. conditions of the original conveyance. If the and I feel strongly that a port security Section 4311 of title 46, United States Code, Secretary determines that the new owner provision needs to be added to the bill is amended— has not or is unable to comply with those before it passes the Senate. Consid- (1) by striking the first sentence of sub- conditions the Secretary shall immediately ering that we are waging a war on ter- section (b) and inserting ‘‘(1) A person vio- invoke any reversionary interest or take such other action as may be necessary to ror, port security should be part of any lating section 4307(a) of this title is liable to Coast Guard reauthorization bill. Sen- the United States Government for a civil protect the interests of the United States.’’. penalty of not more than $5,000, except that SEC. 402. LORAN-C. ator SNOWE has agreed to work with me the maximum civil penalty may be not more There are authorized to be appropriated to to draft additional language which than $250,000 for a related series of viola- the Department of Transportation, in addi- would provide the Coast Guard with tions.’’; tion to funds authorized for the Coast Guard adequate funding. I look forward to

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.076 S27PT1 S4526 CONGRESSIONAL RECORD — SENATE March 27, 2003 drafting a comprehensive provision not simply throw all of our eggs in one to bring them up to the level they with my colleague to help the Coast basket. GPS signals can be jammed and would have been this year if the 1986 Guard improve port security. are subject to interference. The Loran- tax code had included an inflation ad- The Coast Guard has unique missions C provision has been in past Coast justment. Accordingly, the tax exemp- not covered by any other Federal agen- Guard reauthorization bills and was tion would apply to P&C insurers with cy. It is the only U.S. military service fully appropriated by the Congress for premiums that do not exceed $575,000, with domestic law enforcement author- fiscal year 2003. It is important that we and the alternative for taxation of in- ity, and it has taken on many new continue to support this system. vestment income would apply to com- homeland security missions since Sep- I support the provisions in this bill panies with premiums above $575,000 tember 11. As such, I am pleased that and I look forward to improving it as it but not more than $1,971,000. The bill the bill authorizes an active duty per- moves through the legislative process. would apply for taxable years begin- sonnel level of 45,500. I’ve consistently ning in 2003 and would index both supported raising personnel levels be- By Mr. BOND (for himself and thresholds for inflation thereafter. cause the agency is charged with pa- Mr. JOHNSON): According to the National Associa- trolling 95,000 miles of coastline, en- S. 735. A bill to amend the Internal tion of Mutual Insurance Companies, forcing fish and marine conservation Revenue Code of 1986 to clarify the ex- this legislation will help at least 665 laws, conducting search-and-rescue emption from tax for small property small P&C insurance companies na- missions, drug and illegal immigrant and casualty insurance companies; to tionwide. In my State under current interdiction, along with its new home- the Committee on Finance. law, only 23 out of 86 small insurance land security missions. This is an awe- Mr. BOND. Mr. President, I rise companies are currently tax-exempt. some responsibility for an agency that today to introduce a bill that addresses Under this proposed legislation, at is smaller than the New York City Po- an inequity facing an important seg- least 66 of the 86 small insurance com- lice Department. Ultimately, as the ment of the small business community. panies will be covered, thereby ena- Coast Guard becomes more integrated This legislation is simple and straight bling them to continue providing crit- into the Department of Homeland Se- forward—it adjusts the current tax ex- ical insurance coverage to small busi- curity, we may need to authorize high- emption that has existed since 1942 for nesses across Missouri. er personnel levels to ensure that the small property and casualty, P&C, in- With this legislation, we have an op- agency can adequately meet all its surance companies so that it keeps portunity to infuse some fairness into missions. pace with inflation. our tax code and at the same time help I am also pleased that the bill in- As the former Chairman and Ranking the thousands of farmers, ranchers, and cludes a provision increasing funding Member of the Committee on Small entrepreneurs covered by small P&C levels for the Oil Spill Liability Trust Business and Entrepreneurship, I have insurers in this country. I ask my col- Fund. For the past 3 years, emergency heard from many small P&C insurers leagues to support this legislation, and fund expenditures have exceeded the in Missouri and across the Nation that I look forward to working with the Fi- $50 million annual appropriation, they are having to consider raising nance Committee to see it enacted into reaching a projected high of over $100 their premiums simply because the tax law. million this fiscal year. The fund has laws have not kept pace with inflation. Mr. President, I ask unanimous con- relied on carryovers from prior year Under current law, mutual and stock sent that the text of the bill be printed balances to augment the annual appro- P&C insurance companies are exempt in the RECORD. priation and meet the increased need. from Federal income taxes if the great- There being no objection, the bill was This provision would increase the er of their direct or net written pre- ordered to be printed in the RECORD, as amount of the annual appropriation miums in a taxable year do not exceed follows: from $50 million to $150 million, thus $350,000. S. 735 reducing reliance on carryovers from For companies that grow above the $350,000 threshold, current law permits Be it enacted by the Senate and House of Rep- prior year balances to augment the an- resentatives of the United States of America in nual appropriation and meet the in- electing P&C insurance companies to Congress assembled, creased need. be taxed only on their investment in- SECTION 1. SHORT TITLE. I will also be working with my col- come, provided their premiums do not This Act may be cited as the ‘‘Small Insur- leagues to include several other impor- exceed $1.2 million. Unfortunately, ance Company Inflation Adjustment Act’’. tant provisions in this legislation as we these thresholds, which were last up- SEC. 2. CLARIFICATION OF EXEMPTION FROM move forward. For example, because dated in the Tax Reform Act of 1986, TAX FOR SMALL PROPERTY AND the Coast Guard is still below pre-9/11 have not been adjusted for inflation. CASUALTY INSURANCE COMPANIES. levels for fisheries enforcement, I will This situation has created an unin- (a) PREMIUM LIMITATIONS INCREASED TO RE- be seeking a provision that will require tended outcome. Take, for instance, a FLECT INFLATION SINCE FIRST IMPOSED.— (1) INCREASED LIMITATIONS FOR EXEMPTION small P&C insurer in my State that the Coast Guard to better coordinate FROM TAX.— its fisheries enforcement efforts with started insuring the local farmers in (A) Subparagraph (A) of section 501(c)(15) other Federal agencies, such as NOAA, the late 1980s. Over the ensuing years, of the Internal Revenue Code of 1986 is and relevant State and local agencies. the company’s client base changed very amended by striking ‘‘$350,000’’ and inserting Also, some measures ought to be taken little, but the insurance premiums in- ‘‘$575,000’’. to extend certain provisions of the Oil creased gradually to keep pace with in- (B) Paragraph (15) of section 501(c) of such Pollution Act to vessels that, due to flationary pressures. As a result, while Code is amended by adding at the end the their size, still pose a significant risk the business itself has not grown, its following new subparagraph: ‘‘(D) In the case of any taxable year begin- to our environment in the event of an premium base has and with it the loss ning in a calendar year after 2003, the $575,000 oil spill. of the tax exemption (or the alter- amount set forth in subparagraph (A) shall Lastly, I would like to acknowledge native tax on investment income). be increased by an amount equal to— the inclusion of a $25 million author- For the farmers and ranchers covered ‘‘(i) $575,000, multiplied by ization for the Loran-C radio naviga- by the small P&C insurer, this loss is ‘‘(ii) the cost-of-living adjustment deter- tion system, which is used by fisher- certain to mean higher insurance pre- mined under section 1(f)(3) for such calendar men and general aviation pilots as well miums, leaving the client with the year by substituting ‘calendar year 2002’ for as the Coast Guard. The Loran system choice of cutting coverage or paying ‘calendar year 1992’ in subparagraph (B) thereof. is very reliable, and I feel strongly that higher costs, neither of which is a real we should continue to fund it as a sec- option. And for our agricultural com- If the amount as adjusted under the pre- ondary navigation system to the Glob- munity over the past few years, this ceding sentence is not a multiple of $1,000, al Positioning System. Although GPS choice is about the last thing they such amount shall be rounded to the next lowest multiple of $1,000.’’. is certainly the most sophisticated and need. (2) INCREASED LIMITATIONS FOR ALTER- modern tracking system now in oper- The bill I introduce today would cor- NATIVE TAX LIABILITY.— ation, it is imperative that we retain rect this problem by simply adjusting (A) Clause (i) of section 831(b)(2)(A) of such an alternative navigation system and the $350,000 and $1.2 million thresholds Code is amended to read as follows:

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.073 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4527 ‘‘(i) the net written premiums (or, if great- the Animal Welfare Act from one year DREWS for his leadership on a House er, direct written premiums) for the taxable to two years, making any violation a version of this bill. Surely, this is an year exceed the amount applicable under federal felony. However, during the issue that must be addressed as soon as section 501(c)(15)(A) but do not exceed conference, the jail-time increase was possible. We cannot allow this barbaric $1,971,000, and ’’. (B) Paragraph (2) of section 831(b) of such removed. practice to continue in our civilized so- Code is amended by adding at the end the The legislation that I am introducing ciety. following new subparagraph: today seeks to do three things. First, it ‘‘(C) INFLATION ADJUSTMENT.—In the case restores the jail-time increase to treat By Mrs. BOXER: of any taxable year beginning in a calendar the violations as a felony. I am in- S. 738. A bill to designate certain year after 2003, the $1,971,000 amount set formed by U.S. Attorneys that they are public lands in Humboldt, Del Norte, forth in subparagraph (A) shall be increased hesitant to pursue animal fighting Mendocino, Lake, Napa, and Yolo by an amount equal to— Counties in the State of California as ‘‘(i) $1,971,000, multiplied by cases with merely a misdemeanor pen- ‘‘(ii) the cost-of-living adjustment deter- alty. To illustrate this, it is important wilderness, to designate certain seg- mined under section 1(f)(3) for such calendar to note that only three cases since 1976 ments of the Black Butte River in year by substituting ‘calendar year 2002’ for have advanced, even though the USDA Mendocino County, California as a wild ‘calendar year 1992’ in subparagraph (B) has received innumerable tips from in- or scenic river, and for other purposes; thereof. formants and requests to assist with to the Committee on Energy and Nat- If the amount as adjusted under the pre- State and local prosecutions. Increased ural Resources. ceding sentence is not a multiple of $1,000, penalties will provide a greater incen- Mrs. BOXER. Mr. President, today I such amount shall be rounded to the next tive for Federal authorities to pursue am introducing a bill that will protect lowest multiple of $1,000.’’. hundreds of thousands of acres of wil- (b) EFFECTIVE DATE.—The amendments animal fighting cases. made by this section shall apply to taxable Second, the bill prohibits the inter- derness in Northern California. The years beginning after December 31, 2002. state shipment of cockfighting imple- Northern California Coastal Wild Her- ments, such as razor-sharp knives and itage Wilderness Act would designate By Mr. ENSIGN (for himself, Mr. gaffs. The specific knives are com- 295,410 acres in 14 areas as Federal wil- ALLARD, Ms. CANTWELL, Mr. monly known as ‘‘slashers.’’ The slash- derness and would protect 24.4 miles of DORGAN, Mr. HARKIN, Mr. ers and ice-pick-like gaffs are attached the Black Butte Creek. LEVIN, Mr. LUGAR, Mr. HAGEL, to the legs of birds to make the cock- California’s natural treasures have Mr. LIEBERMAN, Mr. WYDEN, Mr. fighting more violent and to induce always been one of the things that REID, and Mr. LEAHY): bleeding of the animals. These weapons make California unique, drawing mil- S. 736. A bill to amend the Animal are used only in cockfights. Since Con- lions of people to them over the years Welfare Act to strengthen enforcement gress has restricted shipment of birds to revel in their wild beauty. But that of provisions relating to animal fight- for fighting, it should also restrict im- beauty must not be taken for granted. ing, and for other purposes; to the plements designed specifically for That is why I introduced the California Committee on Agriculture, Nutrition, fights. Wild Heritage Act during the 107th and Forestry. Finally, the bill updates language re- Congress and will soon be reintro- Mr. ENSIGN. Mr. President, I rise to garding the procedures that enforce- ducing it. It was the first statewide introduce the Animal Fighting En- ment agents follow when they seize the wilderness bill for California since 1984. forcement Prohibition Act. I would animals. This regards the proper care The California Wild Heritage Act like to thank my colleagues for their and transportation of the animals that would protect more than 2.5 million support in this endeavor to protect the are seized. It also states that the court acres of public land, as well as the free- welfare of animals. This legislation may order the convicted person to pay flowing portions of 22 rivers. Every targets the troubling, widespread, and for the costs incurred in the housing, acre of wild land is a treasure, but the sometimes underground activities of care, feeding, and treatment of the ani- areas protected in this bill are some of dogfighting and cockfighting where mals. California’s most precious. dogs and birds are bred and trained to This legislation is timely. Its need is I was thrilled that the 107th Congress fight to the death. This is done for the emphasized with the recent outbreaks passed legislation to designate over sheer enjoyment and illegal wagering of Exotic Newcastle disease among 56,000 acres of my statewide bill, lands of the animals’ handlers and spec- poultry in my home state of Nevada. in the Los Padres National Forest, as tators. Exotic Newcastle disease is a deadly wilderness. It was a wonderful first These activities are reprehensible virus that spreads through migratory step. While I look forward to passage of and despicable. Our States’ laws reflect birds, vehicles, people’s shoes, even the entire statewide bill, it is impor- this sentiment. All 50 States have pro- across great distances through the air tant that we move now to designate hibited dogfighting. It is considered a to attack birds of all types. It already these special places as California wil- felony in 46 states. Cockfighting is ille- has led to the destruction of about derness areas. gal in 47 States, and it is a felony in 26 three million chickens and other birds That is why today I am pleased to be States. In my home State of Nevada, in Nevada, California, and Arizona. It joining Representative MIKE THOMPSON both dogfighting and cockfighting are is widely suspected that illegal cock- of California in introducing legislation considered felonies. In fact, it is a fel- fighting contributes to the continuing that contains the portions of my bill in ony to even attend a dogfighting or spread of this disease. Agriculture in- five counties in California’s First Con- cockfighting match. terests in every state that houses the gressional District. Let me mention a Unfortunately, in spite of public op- poultry industry are at risk of destruc- couple of examples. In southwestern position to extreme animal suffering, tion by the possible spread of this dis- Humboldt and northwestern Mendocino these animals fighting industries ease. One of the ways to ensure greater counties, 41,100 acres of the King Range thrive. There are 11 underground protection against the spread of Exotic will be protected as wilderness. This is dogfighting publications and several Newcastle Disease is to enforce the ban the wildest portion of the California above-ground cockfighting magazines. on interstate shipments of birds for the coast, boasting the longest stretch of These magazines advertise and sell ani- purpose of fighting. Our bill ensures undeveloped coastline in the United mals and the materials associated with that penalties are in place that will States outside of Alaska. This bill also animal fighting. They also seek to le- guarantee the enforcement of this ban. protects 24.4 miles of the Black Butte gitimize this shocking practice. I appreciate the strong support of Creek as a wild and scenic river. Black During the consideration of the Farm Senators ALLARD, CANTWELL, DORGAN, Butte Creek is so wild it is only crossed Bill last year, a provision was included HAGEL, HARKIN, LEAHY, LEVIN, by one road for its entire length. that closed loopholes in Section 26 of LIEBERMAN, LUGAR, REID, and WYDEN in This bill would also protect the pre- the Animal Welfare Act. Both the this effort and look forward to the cious plant and animal species that House and the Senate increased the overwhelming support of my other col- make their homes in these areas. En- maximum jail time for individuals who leagues in the Senate. I also wish to dangered and threatened species whose violate any provision of Section 26 of recognize Representative ROBERT AN- habitats will be protected by this bill

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.078 S27PT1 S4528 CONGRESSIONAL RECORD — SENATE March 27, 2003 include the California brown pelican, drogen research program in this coun- In these days of soaring energy steelhead trout, coho salmon, bald try, designed to accelerate develop- prices, oil cartels, air pollution, global eagle, peregrine falcon, northern spot- ment of a domestic capability to climate change and greenhouse gases, ted owl, and Roosevelt elk. produce an economically renewable en- hydrogen is a dazzling alternative. We For every Californian, there is cur- ergy source. He introduced legislation can have a zero-pollution fuel. It can be rently less than half an acre of wilder- in 1982 and his perseverance led to the produced domestically, ending our de- ness set aside. This is too little. During Matsunaga Hydrogen Act, enacted in pendence on foreign oil. The question is the last 20 years, 675,000 acres of unpro- 1990 shortly after his death. When I not whether there will be a hydrogen tected wilderness—approximately the succeeded Spark in the Senate, I took age but when. size of Yosemite National Park—lost up the cause of hydrogen and continue Hydrogen as a fuel can help us re- their wilderness character due to ac- to believe that it is one of our best solve our energy problems and satisfy tivities such as logging and mining. As hopes for independence from fossil much of the world’s energy needs. I am our population increases, and Cali- fuels. convinced that sometime in the 21st fornia becomes home to almost 50 mil- The Hydrogen Future Act of 1996, century, hydrogen will join electricity lion people by the middle of the cen- which followed the Matsunaga Hydro- as one of our Nation’s primary energy tury, these development pressures are gen Act, expanded the research, devel- carriers, and hydrogen will ultimately going to skyrocket. If we fail to act opment, and demonstration program. be produced from renewable sources. now, there simply will not be any wild It authorized activities leading to pro- In the next twenty years, increasing lands or wild rivers left to protect. duction, storage, transformation, and concerns about global climate change Those of us who live in the United use of hydrogen for industrial, residen- and energy security will help bring States have a very special responsi- tial, transportation, and utility appli- about the penetration of hydrogen in bility to protect our natural heritage. cations. It has enjoyed bipartisan sup- several niche markets. The growth of Past generations have done it. They port in Congress. fuel cell technology will allow the in- have left us with the wonderful and More recently in the 107th Congress, troduction of hydrogen in both the amazing gifts of Yosemite, Big Sur and I have worked closely with Senator transportation and electricity sectors. Joshua Tree. These are places that HARKIN and my colleagues on the En- I realize that fossil fuels are and will Americans cannot imagine living with- ergy Committee to reauthorize the Hy- continue to be a significant long-term out. Now it is our turn to protect this drogen Future Act. We were able to in- transitional resource as we move to- legacy for future generations—for our clude it in the Energy Policy Act of ward renewables. I am optimistic, how- children’s children, and their children. 2002, the comprehensive energy policy ever, that in my lifetime I will be able This bill is a start. bill considered by the Senate during to see hospitals, homes, military bases the spring of 2002. While the Senate and and cars running on locally-produced By Mr. AKAKA (for himself, Mr. House were unable to come to agree- sources of hydrogen. DOMENICI, Mr. LIEBERMAN, Mr. ment on the omnibus bill itself, Clearly, this is a long-term vision for KYL, Mr. REID, Mr. BAYH, Mr. progress was made on the research and hydrogen energy as a renewable re- INOUYE, and Mr. BINGAMAN): development provisions, including hy- source. Progress on hydrogen tech- S. 739. A bill to reauthorize and drogen. I am pleased that many of my nology is being made, and challenges amend the Spark M. Matsunaga Hydro- colleagues have begun to recognize the and barriers are being surmounted, at gen Research, Development, and Dem- potential of hydrogen as a clean source an accelerating pace on a global scale. onstration Act of 1990, and for other of energy. I expect the numbers will According to the Japanese Automobile purposes; to the Committee on Energy only increase. Manufacturers Association, Toyota and and Natural Resources. You may well ask, ‘‘Why do we need Honda will sell or lease fuel cell vehi- Mr. AKAKA. Mr. President, I am the Hydrogen Future Act of 2003 when cles in the U.S. and Japan this year. pleased to join Senator DOMENICI, we have the President’s initiatives for Ford Motor Company is now showing Chairman of the Senate Energy and hydrogen?’’ Because we need to reau- its new hydrogen powered prototype, Natural Resources Committee, and my thorize the underlying Federal frame- the Ford Model U. Fuel cells for dis- colleagues Senator LIEBERMAN, Sen- work for the direction of and invest- tributed stationary power are being ator KYL, Senator REID, Senator BAYH, ment in hydrogen research and devel- commercialized and installed in var- and Senator INOUYE, in introducing leg- opment. The authorization for the pro- ious locations in the United States and islation that affirms the priority and gram expired at the end of calendar worldwide. General Motors recently importance of hydrogen programs in year 2001. While I share the President’s unveiled a stationary, hydrogen-pow- Federal research and development ini- enthusiasm for hydrogen, I believe we ered generator that could be used to tiatives and charts a course of action must provide a robust legislative foun- provide energy for homes and busi- toward the ‘‘hydrogen economy.’’ The dation for research and development nesses. Transit bus demonstrations are legislation reauthorizes the hydrogen involving hydrogen—for fuel cells, for underway in the U.S. and Europe. The programs in the Department of Energy demonstration projects at Government Nation’s capital city, Washington, DC, and strengthens the Federal inter- facilities, stationary and mobile is one of the cities participating in the agency effort to promote hydrogen re- projects, and near- and short-term project. search and development programs. It goals, as well as long-term goals. The We are all familiar with Iceland’s far- establishes a new program to dem- Hydrogen Future Act of 2003 reauthor- sighted bid to become the world’s first onstrate hydrogen technologies and izes and improves this strong founda- hydrogen-based economy. It has al- their integration with fuel cells at Fed- tion. I like to call my bill a ‘‘work- ready made great strides in using re- eral, State, and local government fa- horse’’ bill. It is not fancy, but we need newable resources for its heating and cilities. it and it gets the job done. electricity needs. The Nation is com- Growing numbers of my colleagues in The bill highlights hydrogen’s poten- mitted to transforming its remaining the Senate and in the House have indi- tial as an efficient and environ- fossil fuel-based transportation sector, cated their interest in and commit- mentally friendly source of energy. It and its economically important fishing ment to promoting a hydrogen econ- emphasizes the need for strong partner- fleet, to hydrogen power. Iceland will omy for the future. This commitment ships between the Federal Government, have no need to import oil. Now there comes from a substantial legacy in the industry, and academia; and it under- is a revolutionary thought! House and the Senate. This bill carries scores the importance of hydrogen re- Closer to home, I am particularly the names of two former Congress- search. The bill also encourages private pleased that the State of Hawaii is tak- men—the late George E. Brown, Jr., sector investment and cost sharing for ing the lead in ushering in the hydro- and Robert S. Walker—to honor their the development of hydrogen as an en- gen era. The State has identified hy- formidable and dedicated advocacy of ergy source. These basic steps will drogen-based renewable fuels, and the hydrogen as a fuel source. In the Sen- move hydrogen closer to being a fuel jobs it can create, as a high priority, ate, my predecessor, Senator Spark we can rely on in many different as- high-tech opportunity that can jump- Matsunaga, created the first formal hy- pects of our lives. start and diversify our economy. The

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.088 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4529 cost of electricity and gasoline in Ha- areas of hydrogen production, storage, scale production systems that are ap- waii are important incentives for find- and use in a safe and cost-effective plicable to distributed-generation and ing cheaper, home-grown power. The manner. Some of these new tech- vehicle applications, advanced pressure Hawaii Natural Energy Institute of the nologies may become available for vessels, photobiological and University of Hawaii concluded that wider use in the next few years. The photocatalytic production of hydrogen, large-scale hydrogen use for transpor- most promising include advanced nat- and carbon nanotubes, graphite tation can be competitive this decade. ural gas- and biomass-based hydrogen nanofibers, and fullerenes. I am particularly pleased with the production technologies, high pressure The bill also authorizes $135 million public-private partnership between the gaseous and cryogas storage systems, for conducting integrated demonstra- University of Hawaii’s Natural Energy and reversible Proton Exchange Mem- tions of hydrogen technologies at gov- Institute, the Naval Research Labora- brane, PEM, fuel cell systems. Other ernmental facilities. This provision tory, United Technologies Fuel Cells, projects lay the groundwork for long will help secure industry participation and Hawaiian Electric Company. In range opportunities. These activities through competitive solicitations for January 2002, the Institute announced need continued support if the Nation is technology development and testing. It a partnership with the Department of to enjoy the benefits of a clean energy will test the viability of hydrogen pro- Defense to establish a hydrogen fuel source. duction, storage, and use, and lead to cell test facility in Honolulu. The facil- The Hydrogen Program utilizes the the development of hydrogen-based op- ity will house up to eight state-of-the talents of our national laboratories and erating experience acceptable to meet art fuel cell test stands and related op- our universities. The Lawrence Liver- safety codes and standards. erations supporting fuel cell develop- more, Los Alamos, Sandia, and Oak By supporting this bill, we will be ment. The Institute has made Hawaii a Ridge National Laboratories, as well as ushering in a new era of non-polluting leader in the development and testing Jet Propulsion Laboratory and Na- energy. I urge my colleagues to support of advanced fuel cell systems and fuels tional Renewable Energy Laboratory, this important legislation. are involved in the program. The DOE processing. By Mr. LIEBERMAN (for himself, In California, the State’s zero emis- Field Office at Golden, Colorado, and Ms. COLLINS, Mr. BUNNING, Mr. sions vehicle requirements favor early Nevada Operations Office in Nevada are HOLLINGS, Mr. DAYTON, Ms. introduction of hydrogen-powered vehi- also involved. University-led centers- LANDRIEU, Ms. STABENOW, Mr. cles. The city of Richmond, CA, opened of-excellence have been established at LAUTENBERG, and Mr. GRAHAM the area’s first hydrogen fueling sta- the University of Miami and the Uni- versity of Hawaii. U.S. participation in of South Carolina): tion in October, 2002. The hydrogen S. 740. A bill to amend title XVII of the International Energy Agency con- fueling station looks like a gasoline the Social Security Act to improve pa- tributes to the advancement of DOE pump, and can supply the daily fueling tient access to, and utilization of, the hydrogen research through inter- needs of a small fleet of vehicles at a colorectal cancer screening benefit national cooperation. The program has fueling rate of one to two minutes per under the medicare program; to the also built strong links with the indus- vehicle. These are important initia- Committee on Finance. tives and illustrate the value of public- try. This has resulted in strong indus- Mr. LIEBERMAN. Mr. President, I private partnerships along the pathway try participation and cost sharing. Co- rise to introduce the ‘‘Colon Cancer to a different energy source that re- operation between government, indus- Screen for Life Act of 2003.’’ I am quires an entirely different infrastruc- try, universities, and the national lab- pleased that my colleagues Senators ture. oratories is key to the successful devel- COLLINS, BUNNING, DAYTON, HOLLINGS, Despite the progress, problems and opment and commercialization of new and LANDRIEU have joined me in intro- challenges remain. First, hydrogen pro- and environmentally friendly energy ducing this very important bill. duction costs from fossil and renewable technologies. As many of my colleagues know from energy sources remain high. Second, Today we are introducing legislation personal experience, colon cancer is a attractive low-cost storage tech- that reauthorizes and expands the Hy- devastating disease, taking the lives of nologies are not available. Third, the drogen Future Act of 1996. It highlights 57,000 Americans each year. It is the infrastructure is inadequate. We need the need for a strong partnership be- fourth most commonly diagnosed can- to address these challenges and bar- tween the Federal government, indus- cer in both men and women and the riers if we are to enjoy the benefits of try, and academia, and the importance second most common cause of cancer- an efficient and environmentally of continued support for hydrogen re- related death in the nation. Close to friendly energy sources. search. It fosters collaboration between 150,000 new cases are diagnosed each An aggressive research and develop- Federal agencies, state and local gov- year. ment program can help us overcome ernments, universities, and industry, But colon cancer can be combated, these challenges by reducing produc- and modifies the current cost-sharing controlled, and potentially conquered tion costs from fossil and renewable requirements to enable more participa- if it’s caught in the earliest stages. In sources, advancing storage tech- tion in research projects by small com- fact, colon cancer is a rare form of can- nologies, and addressing safety con- panies. It adds provisions for the dem- cer in that it can even be prevented cerns with efforts in establishing codes onstration of hydrogen technologies at through screening—if pre-cancerous and standards. Our Nation needs a sus- government facilities to expedite wider polyps are quickly identified and re- tained and focused research, develop- application of these technologies. The moved. ment, and demonstration program to bill includes language to encourage The survival rate when colon cancer make hydrogen a viable source of en- international activities where appro- is detected at an early, localized stage ergy. priate in the DOE programs, both be- is 90 percent. But only 37 percent of The strategy should focus on mid- cause of the need to develop world mar- such cancers are discovered at that term and long-term goals. We must kets for our products and to encourage stage. The later the disease is caught, support development of technologies international development on a sus- the lower the survival rate. that enable distributed electric-genera- tainable path. The legislation clarifies That’s why, in 1997, Congress led the tion fuel cell systems and hydrogen the composition of the Hydrogen Tech- fight against colon cancer by making fuel cell vehicles for transportation ap- nical Advisory Panel that oversees the screening for the disease a covered ben- plications. For the long term, we program for DOE and enhances inter- efit for every Medicare recipient. That should look to hydrogen technologies agency and inter-governmental co- is especially significant because the that enhance renewable systems and operation in the hydrogen program. risk of colon cancer rises with age. offer us the promise of clean, abundant The legislation we are introducing Heightened awareness and greater ac- fuels. today authorizes $300 million over the cess to treatment are working. Over The current Hydrogen Program, ad- next five years for research and devel- the last 15 years, we’ve seen steady, if ministered by the Department of En- opment for hydrogen production, stor- slow, annual declines in both incidence ergy, supports a broad range of re- age and use. This will allow advance- rates and mortality rates tied to colon search and development projects in the ment of technologies such as smaller- cancer.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G27MR6.099 S27PT1 S4530 CONGRESSIONAL RECORD — SENATE March 27, 2003 But we can do more, because barriers contend with and more survivors to approved and available for use in treat- to screening still exist. Since the pre- celebrate the simple fact that screen- ing aquaculture animal diseases. This ventive benefits were enacted in 1997, ing saves lives. results in tremendous economic hard- there has been only a one percent in- ship and animal suffering. crease in utilization by Medicare bene- By Mr. SESSIONS (for himself, Because of limited market oppor- ficiaries of either a screening or diag- Mr. BINGAMAN, Mr. GREGG, Mr. tunity, low profit margins, and the nostic colonoscopy. The Centers for MILLER, Mr. ALLARD, Mrs. enormous capital investment required, Disease Control reports that screening LINCOLN, Mr. ENSIGN, Ms. it is seldom economically feasible for for colon cancer lags far behind screen- COLLINS, Mr. CRAPO, Mr. CRAIG, drug manufacturers to pursue research ing for other cancers. and Mr. HARKIN): and development and then seek ap- We must do better and we can. S. 741. A bill to amend the Federal proval for drugs used in treating minor Modern technology has blessed us Food, Drug, and Cosmetic Act with re- species and for infrequent conditions with extremely accurate screening gard to new animal drugs, and for and diseases in all animals. tools, in particular the colonoscopy— other purposes; to the Committee on I, along with Senator BINGAMAN, Sen- which results in higher colon cancer Health, Education, Labor, and Pen- ator ALLARD, Senator COLLINS, Senator identification rates and better long- sions. CRAPO, Senator MILLER, Senator CRAIG, term survival rates. A consultation Mr. SESSIONS. Mr. President, I rise Senator ENSIGN, and Senator LINCOLN, with a doctor before a colonoscopy is today in order to bring attention to a resolve to improve this situation by in- required to ensure that patients are problem that unfortunately goes large- troducing the Minor Use and Minor properly prepared before they undergo ly unnoticed except by those who are Species Animal Health Act of 2003. This the procedure. directly affected. Livestock and food legislation will allow animal drug man- Unfortunately, Medicare does not animal producers, pet owners, zoo and ufacturers the opportunity to develop pay for that consultation before a wildlife biologists, and animals them- and obtain approval for minor use screening, creating an obvious obstacle selves face a severe shortage of ap- drugs which are vitally needed by a to preventive treatment for many men proved animal drugs for use in minor wide variety of animal industries. Our and women. The Colon Cancer ‘‘Screen species. legislation incorporates the major pro- for Life’’ Act would cover these med- Minor species include thousands of posals of the FDA’s Center for Veteri- ical visits so that more Medicare bene- animal species, including all fish, most nary Medicine to increase the avail- ficiaries will have easy access to birds, and sheep. By definition, minor ability of drugs for minor animal spe- screening. species are any animals other than the cies and rare diseases in all animals. Further, with this legislation, just as major species—cattle, horses, chickens, The Act creates incentives for animal Congress has done for screening mam- turkeys, dogs, and cats. A similar drug manufacturers to invest in prod- mography, screening colonoscopy will shortage of drugs and medicines for uct development and obtain FDA mar- not count toward a senior’s Medicare major animal species exists for dis- keting approvals. deductible. This will remove additional eases that occur infrequently or which This legislation creates a program financial disincentives to screening. occur in limited geographic areas. Due very similar to the successful Human Finally, with this bill, we’re breaking to the lack of availabiliity for these Orphan Drug Program that has dra- through another big barrier to early minor use drugs, millions of animals go matically increased the availability of detection and treatment. untreated or treatment is delayed. Un- drugs to treat rare human diseases The medical reality is that necessary animal physical and human over the past 20 years. colonoscopy procedures are invasive emotional suffering results, and human The bill establishes two new ways to and require sedation to perform—mak- health may be threatened as well. lawfully market new animal drugs: ing it safer for them to be conducted in Without access to these necessary First, it establishes a conditional ap- a hospital setting, where safety stand- minor use drugs, farmers and ranchers proval mechanism for new animal ards and emergency procedures are in also suffer. An unhealthy animal that drugs for minor uses and minor species. place, rather than in a private doctor’s is left untreated can spread disease Conditionally approved new animal office. But when doctors perform throughout an entire stock of its fellow drugs must meet the same new ap- colonoscopies for Medicare patients in specie. This causes severe economic proval requirements for safety as new a hospital, they take a hit on cost—be- hardship to struggling ranchers and animal drugs approved under section cause reimbursement for the procedure farmers. For example, sheep ranchers 512 of the FDC Act. However, the effec- performed there has decreased by near- lost nearly $42 million worth of live- tiveness standard for conditionally ap- ly 36 percent since 1997. stock alone in 2002. The sheep industry proved drugs would differ from the ef- As a result, to balance their budgets, estimates that if it had access to effec- fectiveness standard for new drugs ap- doctors and hospitals may choose to tive and necessary drugs to treat dis- proved under Section 512 in that a space out their Medicare patients, cre- eases, growers’ reproduction costs for ‘‘reasonable expectation of effective- ating long waits for and limited access their animals would be cut by up to 15 ness’’ rather than ‘‘substantial evi- to these vital screenings. percent. In addition, feedlot deaths dence of effectiveness’’ would be dem- The job of medical services should be would be reduced by 1 to 2 percent, add- onstrated. If the FDA approves an ap- cutting cancer, not cutting costs. Un- ing approximately $8 million of rev- plication for conditional approval, this fortunately, today something as crit- enue to the industry. approval will be in effect for 1 year, re- ical as colon cancer screening is mod- Alabama’s catfish industry ranks newable for a maximum of 4 additional erated not by the real needs of patients second in the Nation. Though it is not 1 year terms. This conditional approval and their medical doctors, but by mar- the State’s only aquacultural com- is intended to allow drug sponsors to ket forces and market forces alone. modity, catfish is by far its largest. recoup some development costs To address the problem, the ‘‘Screen The catfish industry generates enor- through marketing the product prior for Life’’ Act would increase the pay- mous economic opportunity in the to full, unconditional approval. ment rates for colonoscopies performed State, particularly in West Alabama, Second, this legislation provides for in hospital facilities by 30 percent. The one of the poorest regions in the State. an index of legally marketed unap- result will be more access to early de- The catfish industry estimates its proved new animal drugs for some non- tection and treatment and thousands losses at $60 million per year attrib- food minor animal species. The index is of lives saved. utable to diseases for which drugs are intended to provide a way to lawfully Colon cancer is a formidable foe, but not available. Indeed, it is not uncom- market those minor species drugs for we can make a difference in the fight mon for a catfish producer to lose half which there is unlikely to be sufficient against it. Early detection and treat- his stock due to disease. The U.S. aqua- financial incentive to seek a full or ment is our first line of defense. culture industry overall, including food conditional approval. If the FDA deter- With the help of the Colon Cancer fish and ornamental fish, produces and mines that a new animal drug is eligi- ‘‘Screen for Life’’ Act, I hope that in a raises over 800 different species. Unfor- ble for listing on the index, the new decade we’ll have fewer cancer cases to tunately, this industry has only 6 drugs drug will be added to the index if the

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.081 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4531 benefits of using the drug outweigh the (1)(A) According to the International Com- abilities of individuals with disabilities, in- risks, taking into account the harm mittee of the Red Cross, there are tens of cluding victims of civil strife and warfare. caused by the absence of an approved millions of landmines in over 60 countries ‘‘(3) Coordination of programs established or conditionally approved drug for the around the world, and it has estimated that pursuant to subsection (a) with existing pro- grams for individuals with disabilities, in- use in question. The addition of a drug as many as 24,000 people are maimed or killed each year by landmines, mostly civil- cluding victims of civil strife and warfare, in to the index will be based in large part ians, resulting in amputations and disabil- foreign countries. on a report of an independent expert ities of various kinds. ‘‘(4) Support for establishment of appro- panel. (B) While the United States Government priate entities in foreign countries to coordi- The Minor Use and Minor Species invests more than $100,000,000 in mine action nate programs, projects, and activities re- Animal Health Act will not alter FDA programs annually, including funding for lated to assistance for individuals with dis- drug-approval responsibilities that en- mine awareness and demining training pro- abilities, including victims of civil strife and sure the safety of animal drugs to the grams, only about ten percent of these funds warfare. go to directly aid landmine victims. ‘‘(5) Support for primary, secondary, and public. The FDA Center for Veterinary vocational education, public awareness and Medicine currently evaluates new ani- (C) The Patrick Leahy War Victims Fund, administered by the United States Agency training programs and other activities that mal drug products prior to approval for International Development, has provided help prevent war-related injuries and assist and use. This rigorous testing and re- essential prosthetics and rehabilitation for individuals with disabilities, including vic- view process provides consumers with landmine and other war victims in devel- tims of civil strife and warfare, with their re- the confidence that animal drugs are oping countries who are disabled and has integration into society and their ability to safe for animals and consumers of prod- provided long-term sustainable improve- make sustained social and economic con- ucts derived from treated animals. Cur- ments in quality of life for victims of civil tributions to society. ‘‘(c) PRIORITY.—To the maximum extent rent FDA requirements include guide- strife and warfare, addressing such issues as barrier-free accessibility, reduction of social feasible, assistance under this section shall lines to prevent harmful residues and be provided through nongovernmental orga- evaluations to examine the potential stigmatization, and increasing economic op- portunities. nizations, and, as appropriate, through gov- for the selection guidelines to prevent (D) Enhanced coordination is needed ernments to establish appropriate norms, harmful residues and evaluations to ex- among Federal agencies that carry out as- standards, and policies related to rehabilita- amine the potential for the selection of sistance programs in foreign countries for tion and issues affecting individuals with resistant pathogens. Any food animal victims of landmines and other victims of disabilities, including victims of civil strife medicine or drug considered for ap- civil strife and warfare to make better use of and warfare. ‘‘(d) FUNDING.—Amounts made available to proval under this bill would be subject interagency expertise and resources. (2) According to a review of Poverty and carry out the other provisions of this part to these same assessments. (including chapter 4 of part II of this Act) The Minor Use and Minor Species Disability commissioned by the World Bank, ‘‘disabled people have lower education and and the Support for East European Democ- Animal Health Act is supported by 43 income levels than the rest of the popu- racy (SEED) Act of 1989 are authorized to be organizations, including the American lation. They are more likely to have incomes made available to carry out this section and Farm Bureau Federation, the Animal below poverty level than the non-disabled are authorized to be provided notwith- Health Institute, the American Veteri- population, and they are less likely to have standing any other provision of law.’’. nary Medical Association, and the Na- savings and other assets . . . [t]he links be- SEC. 4. RESEARCH, PREVENTION, AND ASSIST- tional Aquaculture Association. This is tween poverty and disability go two ways— ANCE RELATED TO INTERNATIONAL not only does disability add to the risk of DISABILITIES AND LANDMINE AND vital legislation. OTHER WAR VICTIMS. poverty, but conditions of poverty add to the This Act will reduce the economic (a) AUTHORIZATION.— risks and hardships which fall upon risk of disability.’’. (1) IN GENERAL.—The Secretary of Health (3) Numerous international human rights ranchers and farmers as a result of and Human Services, acting through the Di- conventions and declarations recognize the rector of the Centers for Disease Control and livestock diseases. It will benefit pets need to protect the rights of individuals re- and their owners and benefit various Prevention, is authorized— gardless of their status, including those indi- (A) to conduct programs in foreign coun- endangered species and aquatic ani- viduals with disabilities, through the prin- tries related to individuals with disabilities, mals. The Act also will promote the ciples of equality and non-discrimination. including victims of landmines and other health of all animal species while pro- (b) PURPOSE.—The purpose of this Act is to victims of civil strife and warfare; tecting human health and will allevi- authorize assistance for individuals with dis- (B) to provide grants to nongovernmental ate unnecessary animal suffering. This abilities, including victims of landmines and organizations for the purpose of carrying out is common-sense legislation which will other victims of civil strife and warfare. research, prevention, public awareness and SEC. 3. INTERNATIONAL DISABILITIES AND WAR assistance programs in foreign countries re- benefit millions of American pet own- VICTIMS ASSISTANCE. ers, farmers, and ranchers. lated to individuals with disabilities, includ- The Foreign Assistance Act of 1961 (22 ing victims of landmines and other victims U.S.C. 2151 et seq.) is amended by inserting By Mr. BROWNBACK (for him- of civil strife and warfare. after section 134 the following: (2) APPROVAL OF SECRETARY OF STATE.—Ac- self, Mrs. CLINTON, Mr. LEAHY, SEC. 135. INTERNATIONAL DISABILITIES AND tivities under programs established pursuant Ms. MIKULSKI, Mr. SMITH, Mrs. WAR VICTIMS ASSISTANCE. to paragraph (1) may be carried out in for- FEINSTEIN, Mrs. MURRAY, and ‘‘(a) AUTHORIZATION.—the President is au- eign countries only in coordination with the Mr. BINGAMAN): thorized to furnish assistance to individuals Administrator of the United States Agency S. 742. A bill to authorize assistance with disabilities, including victims of civil for International Development, and upon ap- for individuals with disabilities in for- strife and warfare, in foreign countries.l proval for such activities in such countries eign countries, including victims of ‘‘(b) ACTIVITIES.—The programs established by the Secretary of State. pursuant to subsection (a) may includes pro- warfare and civil strife, and for other (b) ACTIVITIES.—Programs established pur- grams, projects, and activities such as the suant to subsection (a) may include the fol- purposes; to the Committee on Foreign following: lowing activities: Relations. ‘‘(1) Development of local capacity to pro- (1) Research on trauma, physical, psycho- Mr. BROWNBACK. Mr. President, I vide medical and rehabilitation services for logical, and social rehabilitation, and con- ask unanimous consent that the text of individuals with disabilities, including vic- tinuing medical care related to individuals the bill be printed in the RECORD. tims of civil strife and warfare, in foreign with disabilities, including victims of land- There being no objection, the bill was countries, such as— mines and other victims of civil strife and ordered to be printed in the RECORD, as ‘‘(A) support for and training of medical warfare, including— follows: professionals, including surgeons, nurses, (A) conducting research on psychological and physical therapists, to provide effective and social factors that lead to successful re- S. 742 emergency and other medical care and for covery; Be it enacted by the Senate and House of Rep- the development of training manuals relat- (B) developing, testing, and evaluating resentatives of the United States of America in ing to first aid and other medical treatment; model interventions that reduce post-trau- Congress assembled, ‘‘(B) support for sustainable prosthetic and matic stress and promote health and well- SECTION 1. SHORT TITLE. orthotic services; and being; This Act may be cited as the ‘‘Inter- ‘‘(C) psychological and social rehabilita- (C) developing basic instruction tools for national Disability and Victims of Warfare tion of such individuals, together with their initial medical response to traumatic inju- and Civil Strife Assistance Act of 2003’’. families as appropriate, for the reintegration ries; and SEC. 2. FINDINGS AND PURPOSE. of such individuals into local communities. (D) developing basic instruction manuals (a) FINDINGS.—Congress makes the fol- ‘‘(2) Support for policy reform and edu- for patients and healthcare providers, includ- lowing finding: cational efforts related to the needs and ing for emergency and follow-up care, proper

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.086 S27PT1 S4532 CONGRESSIONAL RECORD — SENATE March 27, 2003

amputation procedures, and reconstructive S. CON. RES. 31 humanely treated’’ and specifically ‘‘must at surgery. Whereas the Authorization for Use of Mili- all times be protected, particularly against (2) Facilitation of peer support networks tary Force Against Iraq Rresolution of 2002 acts of violence or intimidation and against for individuals with disabilities, including (Public Law 107–243; 166 Stat. 1498), enacted insults and public curiosity’’; victims of landmines and other victims of into law on October 16, 2002, authorizes the Whereas the Geneva Convention stipulates civil strife and warfare, in foreign countries, President to use the Armed Forces of the that ‘‘[p]risoners of war are entitled in all including— United States to defend the national secu- circumstances to respect for their persons (A) establishment of organizations at the rity of the United States against the threat and their honour’’ and that ‘‘[w]omen shall local level, administered by such individuals, posed by Iraq and to enforce all relevant be treated with all the regard due to their to assess and address the physical, psycho- United Nations Security Council resolutions sex’’; logical, economic and social rehabilitation regarding Iraq; Whereas the Geneva Convention declares and other needs of such individuals, together Whereas a coalition of nations, under the that the detaining power is responsible for with their families as appropriate, for the authority of United Nations Security Coun- the treatment afforded prisoners of war, re- purpose of economic and social reintegration cil resolution 678 adopted on November 29, gardless of the identity of the individuals or into local communities; and 1990 and authorizing member states to use military units who have captured them; and (B) training related to the implementation ‘‘all necessary means to uphold and imple- Whereas the United States and the other of such peer support networks, including ment resolution 660 (1990),’’ initiated mili- coalition nations have complied, and will training of outreach workers to assist in the tary action against Iraq in 1991 to enforce continue to comply, with international law establishment of organizations such as those compliance with the resolutions of the Secu- and custom and the Geneva Convention: described in subparagraph (A) and assistance rity Council; Now, therefore, be it to facilitate the use of the networks by such Whereas the United Nations Security Resolved by the Senate (the House of Rep- individuals. Council, pursuant to Security Council reso- resentatives concurring), That Congress— (3) Sharing of expertise from limb-loss and lution 687 adopted on April 3, 1991, estab- (1) expresses its outrage at the flagrant disability research centers in the United lished a cease-fire subject to compliance violations by the Government of Iraq of the States with similar centers and facilities in with specific conditions and obligations on customary international law of war and the war-affected countries, including promoting the part of Iraq; Convention Relative to the Treatment of increased health for individuals with limb Whereas the United Nations Security Prisoners of War, dated at Geneva, August loss and limb deficiency and epidemiological Council unanimously approved Security 12, 1949, and entered into force October 21, research on secondary medical conditions re- Council resolution 1441 on November 8, 2002, 1950; lated to limb loss and limb deficiency. declaring that Iraq ‘‘has been and remains in (2) supports in the strongest terms the (4) Developing a database of best practices material breach of its obligations under rel- President’s warning to Iraq that the United to address the needs of the war-related dis- evant resolutions, including resolution 687 States will hold the Government of Iraq, its abled through comprehensive examination of (1991), in particular through Iraq’s failure to officials, and military personnel involved ac- support activities related to such disability cooperate with United Nations inspectors countable for any and all such violations; and access to medical care and supplies. and the [International Atomic Energy Agen- (3) expects Iraq to comply with the require- (c) AUTHORIZATION OF APPROPRIATIONS.— cy (IAEA)], and to complete the actions re- ments of the international law of war and There are authorized to be appropriated to quired under paragraphs 8 to 13 of resolution the explicit provisions of the Convention the Secretary of Health and Human Services 687 (1991)’’; Relative to the Treatment of Prisoners of to carry out this section such sums as may Whereas Iraq failed to avail itself of the War, which afford prisoners of war the proper be necessary for each of fiscal years 2003 ‘‘final opportunity to comply with its disar- and humane treatment to which they are en- through 2004. mament obligations under relevant resolu- titled; and SEC. 5. EXPERTISE OF THE DEPARTMENT OF tions of the Council’’ that was offered by (4) expects that Iraq will afford prisoners of VETERANS AFFAIRS. United Nations Security Council resolution war access to representatives of the Inter- The Secretary of Veterans Affairs is au- 1441 by failing to ‘‘cooperate immediately, national Committee of the Red Cross, as re- thorized— unconditionally, and actively with [the quired by the Convention Relative to the (1) to provide advice and expertise on pros- United Nations Monitoring Verification and Treatment of Prisoners of War. Inspection Commission (UNMOVIC)] and the thetics, orthotics, physical and psycho- f logical rehabilitation and treatment, and IAEA’’ and by failing to ‘‘not take or threat- disability assistance to other Federal depart- en hostile Acts directed against any rep- AMENDMENTS SUBMITTED AND ments and agencies, including providing for resentative or personnel of the United Na- PROPOSED temporary assignment on a non-reimburs- tions or the IAEA or of any Member State SA 433. Mr. BAUCUS (for Mr. GRASSLEY able basis of appropriate Department of Vet- taking action to uphold any Council resolu- (for himself, Mr. BAUCUS, and Mr. MILLER)) erans Affairs personnel, with respect to the tion’’; proposed an amendment to the bill H.R. 1307, implementation of programs to provide as- Whereas the President, acting pursuant to to amend the Internal Revenue Code of 1986 sistance to victims of landmines and other his constitutional authority and the author- to provide a special rule for members of the victims of civil strife and warfare in foreign ization of Congress, declared on March 19, uniformed services in determining the exclu- countries and landmine research and health- 2003 that the United States had initiated sion of gain from the sale of a principal resi- related programs, including programs estab- military operations in Iraq; Whereas, in the ensuing conflict, Iraq has dence and to restore the tax exempt status of lished pursuant to section 135 of the Foreign captured uniformed members of the United death gratuity payments to members of the Assistance Act of 1961 (as added by section 3 States Armed Forces and the armed forces of uniformed services, and for other purposes. of this Act) and programs established pursu- other coalition nations, including the United ant to section 4 of this Act; and f Kingdom; (2) to provide technical assistance to pri- Whereas several American prisoners of war TEXT OF AMENDMENTS vate voluntary organizations on a reimburs- appear to have been publicly and summarily able basis with respect to the planning, de- executed following their capture in the vi- SA 433. Mr. BAUCUS (for Mr. GRASS- velopment, operation, and evaluation of such cinity of An Nasiryah, demonstrating, as the LEY (for himself, Mr. BAUCUS, and Mr. landmine assistance, research, and preven- President said on March 26, 2003, that in the MILLER)) proposed an amendment to tion programs. ranks of that regime are men whose idea of the bill H.R. 1307, to amend the Inter- f courage is to brutalize unarmed prisoners’’; nal Revenue Code of 1986 to provide a Whereas Iraqi state television has sub- SUBMITTED RESOLUTIONS special rule for members of the uni- jected American prisoners of war to humilia- formed services in determining the ex- tion, interrogating them publicly and pre- senting them as objects of public curiosity clusion of gain from the sale of a prin- SENATE CONCURRENT RESOLU- and propaganda in clear contravention of cipal residence and to restore the tax TION 31—EXPRESSING THE OUT- international law and custom; exempt status of death gratuity pay- RAGE OF CONGRESS AT THE Whereas the customary international law ments to members of the uniformed TREATMENT OF CERTAIN AMER- of war has, from its inception, prohibited and services, and for other purposes; as fol- condemned as war crimes the killing of pris- lows: ICAN PRISONERS OF WAR BY oners of war and military personnel attempt- THE GOVERNMENT OF IRAQ ing to surrender; Strike all after the enactment clause and insert the following: Mr. FRIST (for Mr. LIEBERMAN (for Whereas Iraq is a signatory to the Conven- tion Relative to the Treatment of Prisoners SECTION 1. SHORT TITLE; ETC. himself, Mr. STEVENS, Mr. INOUYE, Mr. of War, dated at Geneva, August 12, 1949, and (a) SHORT TITLE.—This Act may be cited as FRIST, Mr. DASCHLE, and Mr. WARNER)) entered into force October 21, 1950 (‘‘the Ge- the ‘‘Armed Forces Tax Fairness Act of submitted the following concurrent neva Convention’’); 2003’’. resolution; which was referred to the Whereas the Geneva Convention requires (b) AMENDMENT OF 1986 CODE.—Except as Committee on Foreign Relations: that ‘‘[p]risoners of war must at all times be otherwise expressly provided, whenever in

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.108 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4533 this Act an amendment or repeal is ex- siding under Government orders in Govern- means 1 or more payments under the author- pressed in terms of an amendment to, or re- ment quarters. ity of section 1013 of the Demonstration Cit- peal of, a section or other provision, the ref- ‘‘(ii) UNIFORMED SERVICES.—The term ‘uni- ies and Metropolitan Development Act of erence shall be considered to be made to a formed services’ has the meaning given such 1966 (42 U.S.C. 3374) (as in effect on the date section or other provision of the Internal term by section 101(a)(5) of title 10, United of the enactment of this subsection) to offset Revenue Code of 1986. States Code, as in effect on the date of the the adverse effects on housing values as a re- (c) TABLE OF CONTENTS.—The table of con- enactment of this paragraph. sult of a military base realignment or clo- tents for this Act is as follows: ‘‘(iii) FOREIGN SERVICE OF THE UNITED sure. Sec. 1. Short title; etc. STATES.—The term ‘member of the Foreign ‘‘(2) LIMITATION.—With respect to any prop- Service of the United States’ has the mean- erty, such term shall not include any pay- TITLE I—IMPROVING TAX EQUITY FOR ing given the term ‘member of the Service’ ment referred to in paragraph (1) to the ex- MILITARY PERSONNEL by paragraph (1), (2), (3), (4), or (5) of section tent that the sum of all of such payments re- Sec. 101. Exclusion of gain from sale of a 103 of the Foreign Service Act of 1980, as in lated to such property exceeds the maximum principal residence by a mem- effect on the date of the enactment of this amount described in clause (1) of subsection ber of the uniformed services or paragraph. (c) of such section (as in effect on such the Foreign Service. ‘‘(iv) EXTENDED DUTY.—The term ‘extended date).’’. Sec. 102. Exclusion from gross income of cer- duty’ means any period of active duty pursu- (c) EFFECTIVE DATE.—The amendments tain death gratuity payments. ant to a call or order to such duty for a pe- made by this section shall apply to payments Sec. 103. Exclusion for amounts received riod in excess of 90 days or for an indefinite made after the date of the enactment of this under Department of Defense period. Act. Homeowners Assistance Pro- ‘‘(D) SPECIAL RULES RELATING TO ELEC- SEC. 104. EXPANSION OF COMBAT ZONE FILING gram. TION.— RULES TO CONTINGENCY OPER- Sec. 104. Expansion of combat zone filing ‘‘(i) ELECTION LIMITED TO 1 PROPERTY AT A ATIONS. rules to contingency oper- TIME.—An election under subparagraph (A) (a) IN GENERAL.—Section 7508(a) (relating ations. with respect to any property may not be to time for performing certain acts post- Sec. 105. Modification of membership re- made if such an election is in effect with re- poned by reason of service in combat zone) is quirement for exemption from spect to any other property. amended— tax for certain veterans’ orga- ‘‘(ii) REVOCATION OF ELECTION.—An election (1) by inserting ‘‘, or when deployed out- nizations under subparagraph (A) may be revoked at side the United States away from the indi- Sec. 106. Clarification of treatment of cer- any time.’’. vidual’s permanent duty station while par- tain dependent care assistance (b) EFFECTIVE DATE; SPECIAL RULE.— ticipating in an operation designated by the programs. (1) EFFECTIVE DATE.—The amendments Secretary of Defense as a contingency oper- Sec. 107. Clarification relating to exception made by this section shall take effect as if ation (as defined in section 101(a)(13) of title from additional tax on certain included in the amendments made by section 10, United States Code) or which became distributions from qualified tui- 312 of the Taxpayer Relief Act of 1997. such a contingency operation by operation of tion programs, etc. on account (2) WAIVER OF LIMITATIONS.—If refund or law’’ after ‘‘section 112’’, of attendance at military acad- credit of any overpayment of tax resulting (2) by inserting in the first sentence ‘‘or at emy. from the amendments made by this section any time during the period of such contin- Sec. 108. Suspension of tax-exempt status of is prevented at any time before the close of gency operation’’ after ‘‘for purposes of such terrorist organizations. the 1-year period beginning on the date of section’’, Sec. 109. Above-the-line deduction for over- the enactment of this Act by the operation (3) by inserting ‘‘or operation’’ after ‘‘such night travel expenses of Na- of any law or rule of law (including res judi- an area’’, and tional Guard and Reserve mem- cata), such refund or credit may nevertheless (4) by inserting ‘‘or operation’’ after ‘‘such bers. be made or allowed if claim therefor is filed area’’. Sec. 110. Tax relief and assistance for fami- before the close of such period. (b) CONFORMING AMENDMENTS.— lies of Space Shuttle Columbia SEC. 102. EXCLUSION FROM GROSS INCOME OF (1) Section 7508(d) is amended by inserting heroes. CERTAIN DEATH GRATUITY PAY- ‘‘or contingency operation’’ after ‘‘area’’. MENTS. (2) The heading for section 7508 is amended TITLE II—OTHER PROVISIONS (a) IN GENERAL.—Subsection (b)(3) of sec- by inserting ‘‘OR CONTINGENCY OPER- Sec. 201. Extension of IRS user fees. tion 134 (relating to certain military bene- ATION’’ after ‘‘COMBAT ZONE’’. Sec. 202. Partial payment of tax liability in fits) is amended by adding at the end the fol- (3) The item relating to section 7508 in the installment agreements. lowing new subparagraph: table of sections for chapter 77 is amended by Sec. 203. Revision of tax rules on expatria- ‘‘(C) EXCEPTION FOR DEATH GRATUITY AD- inserting ‘‘or contingency operation’’ after tion. JUSTMENTS MADE BY LAW.—Subparagraph (A) ‘‘combat zone’’. TITLE I—IMPROVING TAX EQUITY FOR shall not apply to any adjustment to the (c) EFFECTIVE DATE.—The amendments MILITARY PERSONNEL amount of death gratuity payable under made by this section shall apply to any pe- chapter 75 of title 10, United States Code, riod for performing an act which has not ex- SEC. 101. EXCLUSION OF GAIN FROM SALE OF A which is pursuant to a provision of law en- pired before the date of the enactment of PRINCIPAL RESIDENCE BY A MEM- BER OF THE UNIFORMED SERVICES acted after September 9, 1986.’’. this Act. OR THE FOREIGN SERVICE. (b) CONFORMING AMENDMENT.—Subpara- SEC. 105. MODIFICATION OF MEMBERSHIP RE- (a) IN GENERAL.—Subsection (d) of section graph (A) of section 134(b)(3) is amended by QUIREMENT FOR EXEMPTION FROM 121 (relating to exclusion of gain from sale of striking ‘‘subparagraph (B)’’ and inserting TAX FOR CERTAIN VETERANS’ ORGA- NIZATIONS. principal residence) is amended by redesig- ‘‘subparagraphs (B) and (C)’’. (a) IN GENERAL.—Subparagraph (B) of sec- nating paragraph (9) as paragraph (10) and by (c) EFFECTIVE DATE.—The amendments tion 501(c)(19) (relating to list of exempt or- inserting after paragraph (8) the following made by this section shall apply with respect ganizations) is amended by striking ‘‘or wid- new paragraph: to deaths occurring after September 10, 2001. owers’’ and inserting ‘‘, widowers, ancestors, ‘‘(9) MEMBERS OF UNIFORMED SERVICES AND SEC. 103. EXCLUSION FOR AMOUNTS RECEIVED UNDER DEPARTMENT OF DEFENSE or lineal descendants’’. FOREIGN SERVICE.— HOMEOWNERS ASSISTANCE PRO- (b) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—At the election of an in- GRAM. made by this section shall apply to taxable dividual with respect to a property, the run- (a) IN GENERAL.—Section 132(a) (relating to years beginning after the date of the enact- ning of the 5-year period described in sub- the exclusion from gross income of certain ment of this Act. sections (a) and (c)(1)(B) and paragraph (7) of fringe benefits) is amended by striking ‘‘or’’ SEC. 106. CLARIFICATION OF THE TREATMENT this subsection with respect to such property at the end of paragraph (6), by striking the OF CERTAIN DEPENDENT CARE AS- shall be suspended during any period that period at the end of paragraph (7) and insert- SISTANCE PROGRAMS. such individual or such individual’s spouse is ing ‘‘, or’’, and by adding at the end the fol- (a) IN GENERAL.—Section 134(b) (defining serving on qualified official extended duty as lowing new paragraph: qualified military benefit) is amended by a member of the uniformed services or of the ‘‘(8) qualified military base realignment adding at the end the following new para- Foreign Service of the United States. and closure fringe.’’. graph: ‘‘(B) MAXIMUM PERIOD OF SUSPENSION.—The (b) QUALIFIED MILITARY BASE REALIGNMENT ‘‘(4) CLARIFICATION OF CERTAIN BENEFITS.— 5-year period described in subsection (a) AND CLOSURE FRINGE.—Section 132 is amend- For purposes of paragraph (1), such term in- shall not be extended more than 10 years by ed by redesignating subsection (n) as sub- cludes any dependent care assistance pro- reason of subparagraph (A). section (o) and by inserting after subsection gram (as in effect on the date of the enact- ‘‘(C) QUALIFIED OFFICIAL EXTENDED DUTY.— (m) the following new subsection: ment of this paragraph) for any individual For purposes of this paragraph— ‘‘(n) QUALIFIED MILITARY BASE REALIGN- described in paragraph (1)(A).’’. ‘‘(i) IN GENERAL.—The term ‘qualified offi- MENT AND CLOSURE FRINGE.—For purposes of (b) CONFORMING AMENDMENTS.— cial extended duty’ means any extended duty this section— (1) Section 134(b)(3)(A), as amended by sec- while serving at a duty station which is at ‘‘(1) IN GENERAL.—The term ‘qualified mili- tion 102, is amended by inserting ‘‘and para- least 50 miles from such property or while re- tary base realignment and closure fringe’ graph (4)’’ after ‘‘subparagraphs (B) and (C)’’.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.122 S27PT1 S4534 CONGRESSIONAL RECORD — SENATE March 27, 2003 (2) Section 3121(a)(18) is amended by strik- to such Executive order as supporting or en- is amended by redesignating subsection (p) ing ‘‘or 129’’ and inserting ‘‘, 129, or gaging in terrorist activity (as defined in as subsection (q) and inserting after sub- 134(b)(4)’’. section 212(a)(3)(B) of the Immigration and section (o) the following new subsection: (3) Section 3306(b)(13) is amended by strik- Nationality Act) or supporting terrorism (as ‘‘(p) TREATMENT OF EXPENSES OF MEMBERS ing ‘‘or 129’’ and inserting ‘‘, 129, or defined in section 104(d)(2) of the Foreign Re- OF RESERVE COMPONENT OF ARMED FORCES OF 134(b)(4)’’. lations Authorization Act, Fiscal Years 1988 THE UNITED STATES.—For purposes of sub- (4) Section 3401(a)(18) is amended by strik- and 1989); and section (a)(2), in the case of an individual ing ‘‘or 129’’ and inserting ‘‘, 129, or ‘‘(ii) such Executive order refers to this who performs services as a member of a re- 134(b)(4)’’. subsection. serve component of the Armed Forces of the (c) EFFECTIVE DATE.—The amendments ‘‘(3) PERIOD OF SUSPENSION.—With respect United States at any time during the taxable made by this section shall apply to taxable to any organization described in paragraph year, such individual shall be deemed to be years beginning after December 31, 2002. (2), the period of suspension— away from home in the pursuit of a trade or ‘‘(A) begins on the later of— (d) NO INFERENCE.—No inference may be ‘‘(i) the date of the first publication of a business for any period during which such in- drawn from the amendments made by this designation or identification described in dividual is away from home in connection section with respect to the tax treatment of paragraph (2) with respect to such organiza- with such service.’’. any amounts under the program described in tion, or (b) DEDUCTION ALLOWED WHETHER OR NOT section 134(b)(4) of the Internal Revenue ‘‘(ii) the date of the enactment of this sub- TAXPAYER ELECTS TO ITEMIZE.—Section Code of 1986 (as added by this section) for section, and 62(a)(2) (relating to certain trade and busi- any taxable year beginning before January 1, ‘‘(B) ends on the first date that all designa- ness deductions of employees) is amended by 2003. tions and identifications described in para- adding at the end the following new subpara- SEC. 107. CLARIFICATION RELATING TO EXCEP- graph (2) with respect to such organization graph: TION FROM ADDITIONAL TAX ON are rescinded pursuant to the law or Execu- ‘‘(E) CERTAIN EXPENSES OF MEMBERS OF RE- CERTAIN DISTRIBUTIONS FROM tive order under which such designation or SERVE COMPONENTS OF THE ARMED FORCES OF QUALIFIED TUITION PROGRAMS, identification was made. THE UNITED STATES.—The deductions allowed ETC. ON ACCOUNT OF ATTENDANCE ‘‘(4) DENIAL OF DEDUCTION.—No deduction by section 162 which consist of expenses, de- AT MILITARY ACADEMY. shall be allowed under any provision of this termined at a rate not in excess of the rates (a) IN GENERAL.—Subparagraph (B) of sec- title, including sections 170, 545(b)(2), for travel expenses (including per diem in tion 530(d)(4) (relating to exceptions from ad- 556(b)(2), 642(c), 2055, 2106(a)(2), and 2522, with lieu of subsistence) authorized for employees ditional tax for distributions not used for respect to any contribution to an organiza- of agencies under subchapter I of chapter 57 educational purposes) is amended by striking tion described in paragraph (2) during the pe- of title 5, United States Code, paid or in- ‘‘or’’ at the end of clause (iii), by redesig- riod described in paragraph (3). curred by the taxpayer in connection with nating clause (iv) as clause (v), and by in- ‘‘(5) DENIAL OF ADMINISTRATIVE OR JUDICIAL the performance of services by such taxpayer serting after clause (iii) the following new CHALLENGE OF SUSPENSION OR DENIAL OF DE- as a member of a reserve component of the clause: DUCTION.—Notwithstanding section 7428 or Armed Forces of the United States for any ‘‘(iv) made on account of the attendance of any other provision of law, no organization period during which such individual is more the designated beneficiary at the United or other person may challenge a suspension than 100 miles away from home in connec- States Military Academy, the United States under paragraph (1), a designation or identi- tion with such services.’’. Naval Academy, the United States Air Force fication described in paragraph (2), the pe- (c) EFFECTIVE DATE.—The amendments Academy, the United States Coast Guard riod of suspension described in paragraph (3), made by this section shall apply to amounts Academy, or the United States Merchant or a denial of a deduction under paragraph paid or incurred in taxable years beginning Marine Academy, to the extent that the (4) in any administrative or judicial pro- after December 31, 2002. amount of the payment or distribution does ceeding relating to the Federal tax liability not exceed the costs of advanced education SEC. 110. TAX RELIEF AND ASSISTANCE FOR FAM- of such organization or other person. ILIES OF SPACE SHUTTLE COLUM- (as defined by section 2005(e)(3) of title 10, ‘‘(6) ERRONEOUS DESIGNATION.— BIA HEROES. United States Code, as in effect on the date ‘‘(A) IN GENERAL.—If— (a) INCOME TAX Relief.— ‘‘(i) the tax exemption of any organization of the enactment of the section) attributable (1) IN GENERAL.—Subsection (d) of section to such attendance, or’’. described in paragraph (2) is suspended under 692 (relating to income taxes of members of (b) EFFECTIVE DATE.—The amendments paragraph (1), Armed Forces and victims of certain ter- ‘‘(ii) each designation and identification made by this section shall apply to taxable rorist attacks on death) is amended by add- described in paragraph (2) which has been years beginning after December 31, 2002. ing at the end the following new paragraph: made with respect to such organization is de- SEC. 108. SUSPENSION OF TAX-EXEMPT STATUS ‘‘(5) RELIEF WITH RESPECT TO ASTRO- termined to be erroneous pursuant to the OF TERRORIST ORGANIZATIONS. NAUTS.—The provisions of this subsection law or Executive order under which such des- (a) IN GENERAL.—Section 501 (relating to shall apply to any astronaut whose death oc- ignation or identification was made, and exemption from tax on corporations, certain curs in the line of duty, except that para- trusts, etc.) is amended by redesignating ‘‘(iii) the erroneous designations and iden- tifications result in an overpayment of in- graph (3)(B) shall be applied by using the subsection (p) as subsection (q) and by in- date of the death of the astronaut rather serting after subsection (o) the following new come tax for any taxable year by such orga- nization, than September 11, 2001.’’. subsection: (2) CONFORMING AMENDMENTS.— credit or refund (with interest) with respect ‘‘(p) SUSPENSION OF TAX-EXEMPT STATUS OF (A) Section 5(b)(1) is amended by inserting to such overpayment shall be made. TERRORIST ORGANIZATIONS.— ‘‘, astronauts,’’ after ‘‘Forces’’. ‘‘(B) WAIVER OF LIMITATIONS.—If the credit ‘‘(1) IN GENERAL.—The exemption from tax (B) Section 6013(f)(2)(B) is amended by in- under subsection (a) with respect to any or- or refund of any overpayment of tax de- scribed in subparagraph (A)(iii) is prevented serting ‘‘, astronauts,’’ after ‘‘Forces’’. ganization described in paragraph (2), and (3) CLERICAL AMENDMENTS.— at any time by the operation of any law or the eligibility of any organization described (A) The heading of section 692 is amended rule of law (including res judicata), such in paragraph (2) to apply for recognition of by inserting ‘‘ ’’ after credit or refund may nevertheless be allowed , ASTRONAUTS, exemption under subsection (a), shall be sus- ‘‘ ’’. or made if the claim therefor is filed before FORCES pended during the period described in para- (B) The item relating to section 692 in the the close of the 1-year period beginning on graph (3). table of sections for part II of subchapter J the date of the last determination described ‘‘(2) TERRORIST ORGANIZATIONS.—An organi- of chapter 1 is amended by inserting ‘‘, astro- zation is described in this paragraph if such in subparagraph (A)(ii). ‘‘(7) NOTICE OF SUSPENSIONS.—If the tax ex- nauts,’’ after ‘‘Forces’’. organization is designated or otherwise indi- emption of any organization is suspended (4) EFFECTIVE DATE.—The amendments vidually identified— under this subsection, the Internal Revenue made by this subsection shall apply with re- ‘‘(A) under section 212(a)(3)(B)(vi)(II) or 219 Service shall update the listings of tax-ex- spect to any astronaut whose death occurs of the Immigration and Nationality Act as a empt organizations and shall publish appro- after December 31, 2002. terrorist organization or foreign terrorist or- priate notice to taxpayers of such suspension (b) DEATH BENEFIT RELIEF.— ganization, and of the fact that contributions to such or- (1) IN GENERAL.—Subsection (i) of section ‘‘(B) in or pursuant to an Executive order ganization are not deductible during the pe- 101 (relating to certain death benefits) is which is related to terrorism and issued riod of such suspension.’’. amended by adding at the end the following under the authority of the International (b) EFFECTIVE DATE.—The amendments new paragraph: Emergency Economic Powers Act or section made by this section shall apply to designa- ‘‘(4) RELIEF WITH RESPECT TO ASTRO- 5 of the United Nations Participation Act of tions made before, on, or after the date of NAUTS.—The provisions of this subsection 1945 for the purpose of imposing on such or- the enactment of this Act. shall apply to any astronaut whose death oc- ganization an economic or other sanction, or SEC. 109. ABOVE-THE-LINE DEDUCTION FOR curs in the line of duty.’’. ‘‘(C) in or pursuant to an Executive order OVERNIGHT TRAVEL EXPENSE OF (2) CLERICAL AMENDMENT.—The heading for issued under the authority of any Federal NATIONAL GUARD AND RESERVE subsection (i) of section 101 is amended by in- law if— MEMBERS. serting ‘‘OR ASTRONAUTS’’ after ‘‘VICTIMS’’. ‘‘(i) the organization is designated or oth- (a) DEDUCTION ALLOWED.—Section 162 (re- (3) EFFECTIVE DATE.—The amendments erwise individually identified in or pursuant lating to certain trade or business expenses) made by this subsection shall apply to

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amounts paid after December 31, 2002, with ‘‘(iii) DETERMINATION OF AVERAGE FEES covered expatriate to whom this section ap- respect to deaths occurring after such date. CHARGED.—For purposes of any determina- plies shall be treated as sold on the day be- (c) ESTATE TAX RELIEF.— tion of average fees charged, any request to fore the expatriation date for its fair market (1) IN GENERAL.—Section 2201(b) (defining which subparagraph (B) applies shall not be value. qualified decedent) is amended by striking taken into account. ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the ‘‘and’’ at the end of paragraph (1)(B), by ‘‘(3) AVERAGE FEE REQUIREMENT.—The aver- case of any sale under paragraph (1)— striking the period at the end of paragraph age fee charged under the program required ‘‘(A) notwithstanding any other provision (2) and inserting ‘‘, and’’, and by adding at by subsection (a) shall not be less than the of this title, any gain arising from such sale the end the following new paragraph: amount determined under the following shall be taken into account for the taxable ‘‘(3) any astronaut whose death occurs in table: year of the sale, and the line of duty.’’. Average ‘‘(B) any loss arising from such sale shall (2) CLERICAL AMENDMENTS.— ‘‘Category fee be taken into account for the taxable year of (A) The heading of section 2201 is amended Employee plan ruling and opinion .. $250 the sale to the extent otherwise provided by by inserting ‘‘DEATHS OF ASTRONAUTS,’’ Exempt organization ruling ...... $350 this title, except that section 1091 shall not after ‘‘FORCES’’. Employee plan determination ...... $300 apply to any such loss. (B) The item relating to section 2201 in the Exempt organization determina- $275 Proper adjustment shall be made in the table of sections for subchapter C of chapter tion. amount of any gain or loss subsequently re- 11 is amended by inserting ‘‘, deaths of astro- Chief counsel ruling ...... $200 alized for gain or loss taken into account nauts,’’ after ‘‘Forces’’. ‘‘(c) TERMINATION.—No fee shall be imposed under the preceding sentence. (3) EFFECTIVE DATE.—The amendments under this section with respect to requests ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— made by this subsection shall apply to es- made after September 30, 2013.’’. ‘‘(A) IN GENERAL.—The amount which, but tates of decedents dying after December 31, (b) CONFORMING AMENDMENTS.— for this paragraph, would be includible in the 2002. (1) The table of sections for chapter 77 is gross income of any individual by reason of TITLE II—OTHER PROVISIONS amended by adding at the end the following this section shall be reduced (but not below zero) by $600,000. For purposes of this para- SEC. 201. EXTENSION OF INTERNAL REVENUE new item: SERVICE USER FEES. ‘‘Sec. 7528. Internal Revenue Service user graph, allocable expatriation gain taken into account under subsection (f)(2) shall be (a) IN GENERAL.—Chapter 77 (relating to fees.’’. treated in the same manner as an amount re- miscellaneous provisions) is amended by add- (2) Section 10511 of the Revenue Act of 1987 quired to be includible in gross income. ing at the end the following new section: is repealed. ‘‘(B) COST-OF-LIVING ADJUSTMENT.— (3) Section 620 of the Economic Growth and ‘‘SEC. 7528. INTERNAL REVENUE SERVICE USER ‘‘(i) IN GENERAL.—In the case of an expa- FEES. Tax Relief Reconciliation Act of 2001 is re- triation date occurring in any calendar year ‘‘(a) GENERAL RULE.—The Secretary shall pealed. after 2003, the $600,000 amount under sub- establish a program requiring the payment (c) LIMITATIONS.—Notwithstanding any paragraph (A) shall be increased by an of user fees for— other provisions of law, any fees collected amount equal to— ‘‘(1) requests to the Internal Revenue Serv- pursuant to section 7528 of the Internal Rev- ‘‘(I) such dollar amount, multiplied by ice for ruling letters, opinion letters, and de- enue Code of 1986, as added by subsection (a), ‘‘(II) the cost-of-living adjustment deter- termination letters, and shall not be expended by the Internal Rev- mined under section 1(f)(3) for such calendar ‘‘(2) other similar requests. enue Service unless provided by an appro- year, determined by substituting ‘calendar ‘‘(b) PROGRAM CRITERIA.— priations Act. year 2002’ for ‘calendar year 1992’ in subpara- ‘‘(1) IN GENERAL.—The fees charged under (d) EFFECTIVE DATE.—The amendments graph (B) thereof. the program required by subsection (a)— made by this section shall apply to requests ‘‘(ii) ROUNDING RULES.—If any amount after ‘‘(A) shall vary according to categories (or made after the date of the enactment of this adjustment under clause (i) is not a multiple subcategories) established by the Secretary, Act. of $1,000, such amount shall be rounded to ‘‘(B) shall be determined after taking into SEC. 202. PARTIAL PAYMENT OF TAX LIABILITY the next lower multiple of $1,000. account the average time for (and difficulty IN INSTALLMENT AGREEMENTS. ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS of) complying with requests in each category (a) IN GENERAL.— UNITED STATES CITIZEN.— (and subcategory), and (1) Section 6159(a) (relating to authoriza- ‘‘(A) IN GENERAL.—If a covered expatriate ‘‘(C) shall be payable in advance. tion of agreements) is amended— elects the application of this paragraph— ‘‘(2) EXEMPTIONS, ETC.— (A) by striking ‘‘satisfy liability for pay- ‘‘(i) this section (other than this paragraph ‘‘(A) IN GENERAL.—The Secretary shall pro- ment of’’ and inserting ‘‘make payment on’’, and subsection (i)) shall not apply to the ex- vide for such exemptions (and reduced fees) and patriate, but under such program as the Secretary deter- (B) by inserting ‘‘full or partial’’ after ‘‘fa- ‘‘(ii) in the case of property to which this mines to be appropriate. cilitate’’. section would apply but for such election, ‘‘(B) EXEMPTION FOR CERTAIN REQUESTS RE- (2) Section 6159(c) (relating to Secretary the expatriate shall be subject to tax under GARDING PENSION PLANS.—The Secretary required to enter into installment agree- this title in the same manner as if the indi- shall not require payment of user fees under ments in certain cases) is amended in the vidual were a United States citizen. such program for requests for determination matter preceding paragraph (1) by inserting ‘‘(B) REQUIREMENTS.—Subparagraph (A) letters with respect to the qualified status of ‘‘full’’ before ‘‘payment’’. shall not apply to an individual unless the a pension benefit plan maintained solely by (b) REQUIREMENT TO REVIEW PARTIAL PAY- individual— 1 or more eligible employers or any trust MENT AGREEMENTS EVERY TWO YEARS.—Sec- ‘‘(i) provides security for payment of tax in which is part of the plan. The preceding sen- tion 6159 is amended by redesignating sub- such form and manner, and in such amount, tence shall not apply to any request— sections (d) and (e) as subsections (e) and (f), as the Secretary may require, ‘‘(i) made after the later of— respectively, and inserting after subsection ‘‘(ii) consents to the waiver of any right of ‘‘(I) the fifth plan year the pension benefit (c) the following new subsection: the individual under any treaty of the plan is in existence, or ‘‘(d) SECRETARY REQUIRED TO REVIEW IN- United States which would preclude assess- ‘‘(II) the end of any remedial amendment STALLMENT AGREEMENTS FOR PARTIAL COL- ment or collection of any tax which may be period with respect to the plan beginning LECTION EVERY TWO YEARS.—In the case of imposed by reason of this paragraph, and within the first 5 plan years, or an agreement entered into by the Secretary ‘‘(iii) complies with such other require- ‘‘(ii) made by the sponsor of any prototype under subsection (a) for partial collection of ments as the Secretary may prescribe. or similar plan which the sponsor intends to a tax liability, the Secretary shall review ‘‘(C) ELECTION.—An election under sub- market to participating employers. the agreement at least once every 2 years.’’. paragraph (A) shall apply to all property to ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For (c) EFFECTIVE DATE.—The amendments which this section would apply but for the purposes of subparagraph (B)— made by this section shall apply to agree- election and, once made, shall be irrev- ‘‘(i) PENSION BENEFIT PLAN.—The term ments entered into on or after the date of ocable. Such election shall also apply to ‘pension benefit plan’ means a pension, prof- the enactment of this Act. property the basis of which is determined in it-sharing, stock bonus, annuity, or em- SEC. 203. REVISION OF TAX RULES ON EXPATRIA- whole or in part by reference to the property ployee stock ownership plan. TION. with respect to which the election was made. ‘‘(ii) ELIGIBLE EMPLOYER.—The term ‘eligi- (a) IN GENERAL.—Subpart A of part II of ‘‘(b) ELECTION TO DEFER TAX.— ble employer’ means an eligible employer (as subchapter N of chapter 1 is amended by in- ‘‘(1) IN GENERAL.—If the taxpayer elects the defined in section 408(p)(2)(C)(i)(I)) which has serting after section 877 the following new application of this subsection with respect to at least 1 employee who is not a highly com- section: any property treated as sold by reason of pensated employee (as defined in section ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- subsection (a), the payment of the additional 414(q)) and is participating in the plan. The TION. tax attributable to such property shall be determination of whether an employer is an ‘‘(a) GENERAL RULES.—For purposes of this postponed until the due date of the return eligible employer under subparagraph (B) subtitle— for the taxable year in which such property shall be made as of the date of the request ‘‘(1) MARK TO MARKET.—Except as provided is disposed of (or, in the case of property dis- described in such subparagraph. in subsections (d) and (f), all property of a posed of in a transaction in which gain is not

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recognized in whole or in part, until such ‘‘(1) EXEMPT PROPERTY.—This section shall before a diplomatic or consular officer of the other date as the Secretary may prescribe). not apply to the following: United States pursuant to paragraph (5) of ‘‘(2) DETERMINATION OF TAX WITH RESPECT ‘‘(A) UNITED STATES REAL PROPERTY INTER- section 349(a) of the Immigration and Na- TO PROPERTY.—For purposes of paragraph (1), ESTS.—Any United States real property in- tionality Act (8 U.S.C. 1481(a)(5)), the additional tax attributable tax attrib- terest (as defined in section 897(c)(1)), other ‘‘(B) the date the individual furnishes to utable to any property is an amount which than stock of a United States real property the United States Department of State a bears the same ratio to the additional tax holding corporation which does not, on the signed statement of voluntary relinquish- imposed by this chapter for the taxable year day before the expatriation date, meet the ment of United States nationality con- solely by reason of subsection (a) as the gain requirements of section 897(c)(2). firming the performance of an act of expa- taken into account under subsection (a) with ‘‘(B) SPECIFIED PROPERTY.—Any property triation specified in paragraph (1), (2), (3), or respect to such property bears to the total or interest in property not described in sub- (4) of section 349(a) of the Immigration and gain taken into account under subsection (a) paragraph (A) which the Secretary specifies Nationality Act (8 U.S.C. 1481(a)(1)–(4)), with respect to all property to which sub- in regulations. ‘‘(C) the date the United States Depart- section (a) applies. ‘‘(2) SPECIAL RULES FOR CERTAIN RETIRE- ment of State issues to the individual a cer- ‘‘(3) TERMINATION OF POSTPONEMENT.—No MENT PLANS.— tificate of loss of nationality, or tax may be postponed under this subsection ‘‘(A) IN GENERAL.—If a covered expatriate ‘‘(D) the date a court of the United States later than the due date for the return of tax holds on the day before the expatriation date cancels a naturalized citizen’s certificate of imposed by this chapter for the taxable year any interest in a retirement plan to which naturalization. which includes the date of death of the expa- this paragraph applies— Subparagraph (A) or (B) shall not apply to ‘‘(i) such interest shall not be treated as triate (or, if earlier, the time that the secu- any individual unless the renunciation or sold for purposes of subsection (a)(1), but rity provided with respect to the property voluntary relinquishment is subsequently ‘‘(ii) an amount equal to the present value fails to meet the requirements of paragraph approved by the issuance to the individual of of the expatriate’s nonforfeitable accrued (4), unless the taxpayer corrects such failure a certificate of loss of nationality by the benefit shall be treated as having been re- within the time specified by the Secretary). United States Department of State. ‘‘(4) SECURITY.— ceived by such individual on such date as a ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- ‘‘(A) IN GENERAL.—No election may be distribution under the plan. term resident’ has the meaning given to such made under paragraph (1) with respect to ‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- term by section 877(e)(2). any property unless adequate security is pro- TIONS.—In the case of any distribution on or ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- vided to the Secretary with respect to such after the expatriation date to or on behalf of FICIARIES’ INTERESTS IN TRUST.— property. the covered expatriate from a plan from ‘‘(1) IN GENERAL.—Except as provided in ‘‘(B) ADEQUATE SECURITY.—For purposes of which the expatriate was treated as receiv- paragraph (2), if an individual is determined subparagraph (A), security with respect to ing a distribution under subparagraph (A), under paragraph (3) to hold an interest in a any property shall be treated as adequate se- the amount otherwise includible in gross in- trust on the day before the expatriation curity if— come by reason of the subsequent distribu- date— ‘‘(i) it is a bond in an amount equal to the tion shall be reduced by the excess of the ‘‘(A) the individual shall not be treated as deferred tax amount under paragraph (2) for amount includible in gross income under having sold such interest, the property, or subparagraph (A) over any portion of such ‘‘(B) such interest shall be treated as a sep- ‘‘(ii) the taxpayer otherwise establishes to amount to which this subparagraph pre- arate share in the trust, and the satisfaction of the Secretary that the se- viously applied. ‘‘(C)(i) such separate share shall be treated curity is adequate. ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- as a separate trust consisting of the assets TIONS BY PLAN.—For purposes of this title, a allocable to such share, tion may be made under paragraph (1) unless retirement plan to which this paragraph ap- ‘‘(ii) the separate trust shall be treated as the taxpayer consents to the waiver of any plies, and any person acting on the plan’s be- having solid its assets on the day before the right under any treaty of the United States half, shall treat any subsequent distribution expatriation date for their fair market value which would preclude assessment or collec- described in subparagraph (B) in the same and as having distributed all of its assets to tion of any tax imposed by reason of this sec- manner as such distribution would be treat- the individual as of such time, and tion. ed without regard to this paragraph. ‘‘(6) ELECTIONS.—An election under para- ‘‘(iii) the individual shall be treated as ‘‘(D) APPLICABLE PLANS.—This paragraph graph (1) shall only apply to property de- shall apply to— having recontributed the assets to the sepa- scribed in the election and, once made, is ir- ‘‘(i) any qualified retirement plan (as de- rate trust. revocable. An election may be made under fined in section 4974(c)), Subsection (a)(2) shall apply to any income, paragraph (1) with respect to an interest in a ‘‘(ii) an eligible deferred compensation gain, or loss of the individual arising from a trust with respect to which gain is required plan (as defined in section 457(b)) of an eligi- distribution described in subparagraph to be recognized under subsection (f)(1). ble employer described in section (C)(ii). In determining the amount of such ‘‘(7) INTEREST.—For purposes of section 457(e)(1)(A), and distribution, proper adjustments shall be 6601— ‘‘(iii) to the extent provided in regulations, made for liabilities of the trust allocable to ‘‘(A) the last date for the payment of tax any foreign pension plan or similar retire- an individual’s share in the trust. shall be determined without regard to the ment arrangements or programs. ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- election under this subsection, and EFINITIONS.—For purposes of this sec- FIED TRUSTS.— ‘‘(B) section 6621(a)(2) shall be applied by ‘‘(e) D tion— ‘‘(A) IN GENERAL.—If the trust interest de- substituting ‘5 percentage points’ for ‘3 per- ‘‘(1) EXPATRIATE.—The term ‘expatriate’ scribed in paragraph (1) is an interest in a centage points’ in subparagraph (B) thereof. means— qualified trust— ‘‘(c) COVERED EXPATRIATE.—For purposes ‘‘(A) any United States citizen who relin- ‘‘(i) paragraph (1) and subsection (a) shall of this section— not apply, and ‘‘(1) IN GENERAL.—Except as provided in quishes citizenship, and ‘‘(ii) in addition to any other tax imposed paragraph (2), the term ‘covered expatriate’ ‘‘(B) any long-term resident of the United by this title, there is hereby imposed on each means an expatriate. States who— distribution with respect to such interest a ‘‘(2) EXCEPTIONS.—An individual shall not ‘‘(i) ceases to be a lawful permanent resi- tax in the amount determined under sub- be treated as a covered expatriate if— dent of the United States (within the mean- ‘‘(A) the individual— ing of section 7701(b)(6)), or paragraph (B). ‘‘(i) became at birth a citizen of the United ‘‘(ii) commences to be treated as a resident ‘‘(B) AMOUNT OF TAX.—The amount of tax States and a citizen of another country and, of a foreign country under the provisions of under subparagraph (A)(ii) shall be equal to as of the expatriation date, continues to be a a tax treaty between the United States and the lesser of— citizen of, and is taxed as a resident of, such the foreign country and who does not waive ‘‘(i) the highest rate of tax imposed by sec- other country, and the benefits of such treaty applicable to resi- tion 1(e) for the taxable year which includes ‘‘(ii) has not been a resident of the United dents of the foreign country. the day before the expatriation date, multi- States (as defined in section 7701(b)(1)(A)(ii)) ‘‘(2) EXPATRIATION DATE.—The term ‘expa- plied by the amount of the distribution, or during the 5 taxable years ending with the triation date’ means— ‘‘(ii) the balance in the deferred tax ac- taxable year during which the expatriation ‘‘(A) the date an individual relinquishes count immediately before the distribution date occurs, or United States citizenship, or determined without regard to any increases ‘‘(B)(i) the individual’s relinquishment of ‘‘(B) in the case of a long-term resident of under subparagraph (C)(ii) after the 30th day United States citizenship occurs before such the United States, the date of the event de- preceding the distribution. individual attains age 181⁄2, and scribed in clause (i) or (ii) of paragraph ’‘(C) DEFERRED TAX ACCOUNT.—For purposes ‘‘(ii) the individual has been a resident of (1)(B). of subparagraph (B)(ii)— the United States (as so defined) for not ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A ‘‘(i) OPENING BALANCE.—The opening bal- more than 5 taxable years before the date of citizen shall be treated as relinquishing ance in a deferred tax account with respect relinquishment. United States citizenship on the earliest of— to any trust interest is an amount equal to ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR ‘‘(A) the date the individual renounces the tax which would have been imposed on PENSION PLANS.— such individual’s United States nationality the allocable expatriation gain with respect

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.132 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4537 to the trust interest if such gain had been in- shall be determined by assuming the max- tional amount, addition to tax, assessable cluded in gross income under subsection (a). imum exercise of discretion in favor of the penalty, and costs attributable to the de- ‘‘(ii) INCREASE FOR INTEREST.—The balance beneficiary and the occurrence of all contin- ferred amount) shall be a lien in favor of the in the deferred tax account shall be in- gencies in favor of the beneficiary. United States on all property of the expa- creased by the amount of interest deter- ‘‘(iv) ADJUSTMENTS.—The Secretary may triate located in the United States (without mined (on the balance in the account at the provide for such adjustments to the bases of regard to whether this section applies to the time the interest accrues), for periods after assets in a trust or a deferred tax account, property). the 90th day after the expatriation date, by and the timing of such adjustments, in order ‘‘(B) DEFERRED AMOUNT.—For purposes of using the rates and method applicable under to ensure that gain is taxed only once. this subsection, the deferred amount is the section 6621 for underpayments of tax for ‘‘(v) COORDINATION WITH RETIREMENT PLAN amount of the increase in the covered expa- such periods, except that section 6621(a)(2) RULES.—This subsection shall not apply to triate’s income tax which, but for the elec- shall be applied by substituting ‘5 percentage an interest in a trust which is part of a re- tion under subsection (a)(4) or (b), would points’ for ‘3 percentage points’ in subpara- tirement plan to which subsection (d)(2) ap- have occurred by reason of this section for graph (B) thereof. plies. the taxable year including the expatriation ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY ‘‘(3) DETERMINATION OF BENEFICIARIES’ IN- date. PAID.—The balance in the tax deferred ac- TEREST IN TRUST.— ‘‘(2) PERIOD OF LIEN.—The lien imposed by count shall be reduced— ‘‘(A) DETERMINATIONS UNDER PARAGRAPH this subsection shall arise on the expatria- ‘‘(I) by the amount of taxes imposed by (1).—For purposes of paragraph (1), a bene- tion date and continue until— subparagraph (A) on any distribution to the ficiary’s interest in a trust shall be based ‘‘(A) the liability for tax by reason of this person holding the trust interest, and upon all relevant facts and circumstances, section is satisfied or has become unenforce- ‘‘(II) in the case of a person holding a non- including the terms of the trust instrument able by reason of lapse of time, or vested interest, to the extent provided in and any letter of wishes or similar docu- ‘‘(B) it is established to the satisfaction of regulations, by the amount of taxes imposed ment, historical patterns of trust distribu- the Secretary that no further tax liability by subparagraph (A) on distributions from tions, and the existence of and functions per- may arise by reason of this section. the trust with respect to nonvested interests formed by a trust protector or any similar ‘‘(3) CERTAIN RULES APPLY.—The rules set not held by such person. adviser. forth in paragraphs (1), (3), and (4) of section ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For ‘‘(B) OTHER DETERMINATIONS.—For purposes 6324A(d) shall apply with respect to the lien purposes of this paragraph, the allocable ex- of this section— imposed by this subsection as if it were a patriation gain with respect to any bene- ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- lien imposed by section 6324A. ficiary’s interest in a trust is the amount of ficiary of a trust is a corporation, partner- ‘‘(j) REGULATIONS.—The Secretary shall gain which would be allocable to such bene- ship, trust, or estate, the shareholders, part- prescribe such regulations as may be nec- ficiary’s vested and nonvested interests in ners, or beneficiaries shall be deemed to be essary or appropriate to carry out the pur- the trust if the beneficiary held directly all the trust beneficiaries for purposes of this poses of this section.’’. assets allocable to such interests. section. ‘‘(b) INCLUSION IN INCOME OF GIFTS AND BE- ‘‘(E) TAX DEDUCTED AND WITHHELD.— ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- QUESTS RECEIVED BY UNITED STATES CITIZENS ‘‘(i) IN GENERAL.—The tax imposed by sub- payer shall clearly indicate on its income AND RESIDENTS FROM EXPATRIATES.—Section paragraph (A)(ii) shall be deducted and with- tax return— 102 (relating to gifts, etc. not included in held by the trustees from the distribution to ‘‘(I) the methodology used to determine gross income) is amended by adding at the which it relates. that taxpayers’ trust interest under this sec- end the following new subsection: ‘‘(d) GIFTS AND INHERITANCES FROM COV- ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE tion, and ERED EXPATRIATES.— TREATY RIGHTS.—If an amount may not be ‘‘(II) if the taxpayer knows (or has reason ‘‘(1) IN GENERAL.—Subsection (a) shall not deducted and withheld under clause (i) by to know) that any other beneficiary of such exclude from gross income the value of any reason of the distributee failing to waive any trust is using a different methodology to de- property acquired by gift, bequest, devise, or treaty right with respect to such distribu- termine such beneficiary’s trust interest inheritance from a covered expatriate after tion— under this section. the expatriation date. For purposes of this ‘‘(I) the tax imposed by subparagraph ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In subsection, any term used in this subsection (A)(ii) shall be imposed on the trust and each the case of any covered expatriate, notwith- which is also used in section 877A shall have trustee shall be personally liable for the standing any other provision of this title— the same meaning as when used in section amount of such tax, and ‘‘(1) any period during which recognition of 877A. ‘‘(II) any other beneficiary of the trust income or gain is deferred shall terminate on ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE shall be entitled to recover from the dis- the day before the expatriation date, and ‘‘(2) any extension of time for payment of SUBJECT TO ESTATE OR GIFT TAX.—Paragraph tributee the amount of such tax imposed on tax shall cease to apply on the day before the (1) shall not apply to any property if either— the other beneficiary. expatriation date and the unpaid portion of ‘‘(A) the gift, bequest, devise, or inherit- ‘‘(F) DISPOSITION.—If a trust ceases to be a such tax shall be due and payable at the time ance is— qualified trust at any time, a covered expa- and in the manner prescribed by the Sec- ‘‘(i) shown on a timely filed return of tax triate disposes of an interest in a qualified retary. imposed by chapter 12 as a taxable gift by trust, or a covered expatriate holding an in- ‘‘(h) IMPOSITION OF TENTATIVE TAX.— the covered expatriate, or terest in a qualified trust dies, then, in lieu ‘‘(1) IN GENERAL.—If an individual is re- ‘‘(ii) included in the gross estate of the of the tax imposed by subparagraph (A)(ii), quired to include any amount in gross in- covered expatriate for purposes of chapter 11 there is hereby imposed a tax equal to the come under subsection (a) for any taxable and shown on a timely filed return of tax im- lesser of— year, there is hereby imposed, immediately posed by chapter 11 of the estate of the cov- ‘‘(i) the tax determined under paragraph (1) before the expatriation date, a tax in an ered expatriate, or as if the day before the expatriation date amount equal to the amount of tax which ‘‘(B) no such return was timely filed but no were the date of such cessation, disposition, would be imposed if the taxable year were a such return would have been required to be or death, whichever is applicable, or short taxable year ending on the expatria- filed even if the covered expatriate were a ‘‘(ii) the balance in the tax deferred ac- tion date. citizen or long-term resident of the United count immediately before such date. ‘‘(2) DUE DATE.—The due date for any tax States.’’ Such tax shall be imposed on the trust and imposed by paragraph (1) shall be the 90th (c) DEFINITION OF TERMINATION OF UNITED each trustee shall be personally liable for the day after the expatriation date. STATES CITIZENSHIP.—Section 7701(a) is amount of such tax and any other bene- ‘‘(3) TREATMENT OF TAX.—Any tax paid amended by adding at the end the following ficiary of the trust shall be entitled to re- under paragraph (1) shall be treated as a pay- new paragraph: cover from the covered expatriate or the es- ment of the tax imposed by this chapter for ‘‘(48) TERMINATION OF UNITED STATES CITI- tate the amount of such tax imposed on the the taxable year to which subsection (a) ap- ZENSHIP.— other beneficiary. plies. ‘‘(A) IN GENERAL.—An individual shall not ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For ‘‘(4) DEFERRAL OF TAX.—The provisions of cease to be treated as a United States citizen purposes of this paragraph— subsection (b) shall apply to the tax imposed before the date on which the individual’s ‘‘(i) QUALIFIED TRUST.—The term ‘qualified by this subsection to the extent attributable citizenship is treated as relinquished under trust’ means a trust which is described in to gain includible in gross income by reason section 877A(e)(3). section 7701(a)(30)(E). of this section. ‘‘(B) DUAL CITIZENS.—Under regulations ‘‘(ii) VESTED INTEREST.—The term ‘vested ‘‘(i) SPECIAL LIENS FOR DEFERRED TAX prescribed by the Secretary, subparagraph interest’ means any interest which, as of the AMOUNTS.— (A) shall not apply to an individual who be- day before the expatriation date, is vested in ‘‘(1) IMPOSITION OF LIEN.— came at birth a citizen of the United States the beneficiary. ‘‘(A) IN GENERAL.—If a covered expatriate and a citizen of another country.’’. ‘‘(iii) NONVESTED INTEREST.—The term makes an election under subsection (a)(4) or (d) INELIGIBILITY FOR VISA OR ADMISSION TO ‘nonvested interest’ means, with respect to (b) which results in the deferral of any tax UNITED STATES.— any beneficiary, any interest in a trust imposed by reason of subsection (a), the de- (1) IN GENERAL.—Section 212(a)(10)(E) which is not a vested interest. Such interest ferred amount (including any interest, addi- of the Immigration and Nationality

VerDate Jan 31 2003 06:20 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.135 S27PT1 S4538 CONGRESSIONAL RECORD — SENATE March 27, 2003 Act (8 U.S.C. 1182(a)(10)(E)) is amended ‘‘Sec. 877A. Tax responsibilities of expatria- Witnesses tion.’’. to read as follows: Panel 1: Ms. Heather A. Conley, Dep- (g) EFFECTIVE DATE.— ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE uty Assistant Secretary of State Euro- WITH EXPATRIATION REVENUE PROVISIONS.— (1) IN GENERAL.—Except as provided in this Any alien who is a former citizen of the subsection, the amendments made by this pean & Eurasian Affairs, Department United States who relinquishes United section shall apply to expatriates (within the of State, Washington, DC; Ms. Janet L. States citizenship (within the meaning of meaning of section 877A(e) of the Internal Bogue, Deputy Assistant Secretary of section 877A(e)(3) of the Internal Revenue Revenue Code of 1986, as added by this sec- State European & Eurasian Affairs, De- Code of 1986) and who is not in compliance tion) whose expatriation date (as so defined) partment of State, Washington, DC; with section 877A of such Code (relating to occurs on or after February 5, 2003. Mr. Ian Brzezinski, Deputy Assistant (2) GIFTS AND BEQUESTS.—Section 102(d) of expatriation).’’. Secretary European & NATO Affairs, (2) AVAILABILITY OF INFORMATION.— the Internal Revenue Code of 1986 (as added (A) IN GENERAL.—Section 6103(I) (relating by subsection (b)) shall apply to gifts and be- Department of Defense, Washington, to disclosure of returns and return informa- quests received on or after February 5, 2003, DC; and Mr. Robert A. Bradtke, Deputy tion for purposes other than tax administra- from an individual or the estate of an indi- Assistant Secretary European & Eur- tion) is amended by adding at the end the vidual whose expatriation date (as so de- asian Affairs, Department of State, following new paragraph: fined) occurs after such date. Washington, DC. ‘‘(19) DISCLOSURE TO DENY VISA OR ADMIS- (3) DUE DATE FOR TENTATIVE TAX.—The due The PRESIDING OFFICER. Without date under section 877A(h)(2) of the Internal SION TO CERTAIN EXPATRIATES.—Upon written objections, it is so ordered. request of the Attorney General or the At- Revenue Code of 1986, as added by this sec- torney General’s delegate, the Secretary tion, shall in no event occur before the 90th COMMITTEE ON HEALTH, EDUCATION, LABOR, shall disclose whether an individual is in day after the date of the enactment of the AND PENSIONS compliance with section 877A (and if not in Act. Mr. WARNER. Mr. President, I ask compliance, any items of noncompliance) to f unanimous consent that the Com- officers and employees of the Federal agency mittee on Health, Education, Labor, AUTHORITY FOR COMMITTEES TO responsible for administering section and Pensions be authorized to meet for MEET 212(a)(1)(E) of the Immigration and Nation- a hearing on AIDS Crisis in Africa: ality Act solely for the purpose of, and to the COMMITTEE ON ARMED SERVICES Health Care Transmission during the extent necessary in, administering such sec- Mr. WARNER. Mr. President, I ask tion 212(a)(10)(E).’’. session of the Senate on Thursday, (B) SAFEGUARDS.— unanimous consent that the Com- March 27, 2003, at 10:00 a.m. in SD–430. (i) TECHNICAL AMENDMENTS.—Paragraph (4) mittee on Armed Services be author- The PRESIDING OFFICER. Without of section 6103(p) of the Internal Revenue ized to meet during the session of the objection, it is so ordered. Code of 1986, as amended by section Senate on Thursday, March 27, 2003, at COMMITTEE ON THE JUDICIARY 202(b)(2)(B) of the Trade Act of 2002 (Public 10 a.m., in open and possibly closed ses- Law 107–210; 116 Stat. 961), is amended by Mr. WARNER. Mr. President, I ask sion to receive testimony on the future unanimous consent that the Com- striking ‘‘or (17)’’ after ‘‘any other person de- of The North Atlantic Treaty Organiza- scribed in subsection (1)(16)’’ each place it mittee on the Judiciary be authorized appears and inserting ‘‘or (18)’’. tion, (NATO). to meet to conduct a markup on Thurs- (ii) CONFORMING AMENDMENTS.—Section Witnesses day, March 27, 2003, at 9:30 a.m. in 6103(p)(4) (relating to safeguards), as amend- Dirksen Room 226. ed by clause (i), is amended by striking ‘‘or Honorable Marc I. Grossman, Under Secretary of State for Political Affairs; I. Nominations: Priscilla Richmond (18)’’ after ‘‘any other person described in Owen to be U.S. Circuit Judge for the subsection (1)(16)’’ each place it appears and Honorable Douglas J. Feith, Under Sec- inserting ‘‘(18), or (19)’’. retary of Defense for Policy. Fifth Circuit; Mary Ellen Coster Wil- (3) EFFECTIVE DATES.— The PRESIDING OFFICER. Without liams to be Judge for the Court of Fed- (A) IN GENERAL.—Except as provided objection, it is so ordered. eral Claims; Victor J. Wolski to be in subparagraph (B), the amendments COMMITTEE ON COMMERCE, SCIENCE, AND Judge for the Court of Federal Claims; made by this subsection shall apply to in- TRANSPORTATION Ricardo H. Hinojosa to be U.S. Sen- dividuals who relinquish United States citi- Mr. WARNER. Mr. President, I ask tencing Commissioner; Michael E. zenship on or after the date of the enact- unanimous consent that the Com- Horowitz to be U.S. Sentencing Com- ment of this Act. mittee on Commerce, Science, and missioner; McGregor Scott to be U.S. (B) TECHNICAL AMENDMENTS.—The amend- Attorney for the Eastern District of ments made by paragraph (2)(B)(i) shall take Transportation, Subcommittee on effect as if included in the amendments made Science, Technology, and Space, be au- California. by section 202(b)(2)(B) of the Trade Act of thorized to meet on Thursday, March II. Bills: S. 274 Class Action Fairness 2002 (Public Law 107–210; 116 Stat. 961). 27, 2003, at 9:30 a.m., in SR–253, for a Act of 2003. (e) CONFORMING AMENDMENTS.— hearing on Cloning: A Risk to Women? II. Committee Business: Discussion of (1) Section 877 is amended by adding at the The PRESIDING OFFICER. Without Rule IV. end the following new subsection: objection, it is so ordered. The PRESIDING OFFICER. Without ‘‘(g) APPLICATION.—This section shall not objection, it is so ordered. apply to an expatriate (as defined in section COMMITTEE ON ENERGY AND NATURAL 877A(e)) whose expatriation date (as so de- RESOURCES COMMITTEE ON THE JUDICIARY fined) occurs on or after February 5, 2003.’’. Mr. WARNER. Mr. President, I ask Mr. WARNER. Mr. President, I ask (2) Section 2107 is amended by adding at unanimous consent that the Com- unanimous consent that the Com- the end the following new subsection: mittee on Energy and Natural Re- mittee on the Judiciary be authorized ‘‘(f) APPLICATION.—This section shall not sources be authorized to meet during to meet to conduct a hearing on ‘‘Judi- apply to any expatriate subject to section the session of the Senate on Thursday, cial Nominations’’ on Thursday, March 877A.’’. (3) Section 2501(a)(3) is amended by adding March 27 at 9:30 a.m. to receive testi- 27, 2003, at 2:00 p.m. in Dirksen Room at the end the following new subparagraph: mony regarding to receive testimony 226. ‘‘(F) APPLICATION.—This paragraph shall on various electricity proposals includ- Panel I: The Honorable PAUL SAR- not apply to any expatriate subject to sec- ing, but not limited to, S. 475, the Elec- BANES, United States Senator [D–MD]; tion 877A.’’. tric Transmission and Reliability En- The Honorable BARBARA MIKULSKI, (4)(A) Paragraph (1) of section 6039G(d) is hancement Act of 2003. United States Senator [D–MD]; The amended by inserting ‘‘or 877A’’ after ‘‘sec- The PRESIDING OFFICER. Without tion 877’’. Honorable JEFF BINGAMAN, United (B) The second sentence of section 6039G(e) objection, it is so ordered. States Senator [D–NM]; The Honorable is amended by inserting ‘‘or who relinquishes COMMITTEE ON FOREIGN RELATIONS JOHN BREAUX, United States Senator United State citizenship (within the meaning Mr. WARNER. Mr. President, I ask [D–LA]; The Honorable MARY of section 877A(e)(3)’’ and ‘‘877(a))’’. unanimous consent that the Com- LANDRIEU, United States Senator [D– (C) Section 6039G(f) is amended by insert- mittee on Foreign Relations be author- LA]; The Honorable KAY BAILEY ing ‘‘or 877A(e)(2)(B)’’ after ‘‘877(e)(1)’’. ized to meet during the session of the HUTCHISON, United States Senator [R– (f) CLERICAL AMENDMENT.—The table of sections for subpart A of part II of sub- Senate on Thursday, March 27, 2003 at TX]; The Honorable JOHN CORNYN, chapter N of chapter 1 is amended by insert- 2:30 p.m. to hold a hearing on NATO United States Senator [R–TX]; The ing after the item relating to section 877 the Enlargement: Qualifications and Con- Honorable BLANCHE LINCOLN, United following new item: tributions. States Senator [D–AR]; The Honorable

VerDate Jan 31 2003 06:20 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.139 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — SENATE S4539 MARK PRYOR, United States Senator Mr. LEAHY. Mr. President, I am strumentality of interstate or foreign com- [D–AR]; The Honorable GEORGE ALLEN, proud to be a cosponsor of this measure merce; or United States Senator [R–VA]; The and commend Senator CAMPBELL for ‘‘(2) the structure, plaque, statue, or other monument described in subsection (a) is lo- Honorable BILLY TAUZIN, United States his leadership on this matter. This is a cated on property owned by, or under the ju- Representative [R–LA–3rd District]. measure the Senate passed last year as risdiction of, the Federal Government.’’. Panel II: Edward C. Prado to be S. 1644. The Senate’s action in May, (b) CLERICAL AMENDMENT.—The table of United States Circuit Judge for the 2002, unfortunately met with resistance sections at the beginning of chapter 65 of Fifth Circuit. in the House of Representatives and title 18, United States Code, is amended by Panel III: Richard D. Bennett to be our bill was not enacted into law last adding at the end the following: United States District Judge for the year as it should have been. ‘‘1369. Destruction of veterans’ memorials.’’. District of Maryland; Dee D. Drell to Senator CAMPBELL correctly pro- SEC. 3. HIGHWAY SIGNS RELATING TO VETERANS be United States District Judge for the ceeded to reintroduce the bill as S. 330, CEMETERIES. Western District of Louisiana; J. Leon earlier this year. The bill provides for (a) IN GENERAL.—Notwithstanding the Holmes to be United States District two things: highway signs to guide terms of any agreement entered into by the Court Judge for the Eastern District of visitors to veterans cemeteries and a Secretary of Transportation and a State under section 109(d) or 402(a) of title 23, Arkansas; Susan G. Braden to be Judge criminal provision for the willful de- United States Code, a veterans cemetery for the Court of Federal Claims; struction of memorials and cemeteries shall be treated as a site for which a supple- Charles F. Lettow to be Judge for the for our Armed Forces veterans. mental guide sign may be placed on any Fed- Court of Federal Claims. I have urged all Senators, Repub- eral-aid highway. The PRESIDING OFFICER. Without licans and Democrats, to support this (b) APPLICABILITY.—Subsection (a) shall objection, it is so ordered. modest legislative effort to help honor apply to an agreement entered into before, on, or after the date of the enactment of this SUBCOMMITTEE ON PERSONNEL our Armed Forces veterans. In addi- Act. Mr. WARNER. Mr. President, I ask tion, of course, I will continue to sup- unanimous consent that the Sub- port efforts to improve medical serv- f committee on Personnel of the Com- ices, veterans hospitals, and other ben- EXECUTIVE SESSION mittee on Armed Services be author- efits for the women and men who risk ized to meet during the session of the and have risked their lives and liveli- Senate on Thursday, March 27, 2003, at hoods to protect all of us. EXECUTIVE CALENDAR I asked the chairman of the Judici- 2:30 p.m., in open session to receive tes- Mr. FRIST. Mr. President, I ask ary Committee to include this matter timony on compensation for disabled unanimous consent that the Senate im- on the agenda for Judiciary Committee military retirees, in review of the De- mediately proceed to executive session action last week I thank him for ac- fense authorization request for fiscal to consider Calendar No. 85, on today’s commodating our request and am year 2004. Executive Calendar; I further ask happy that this bill was reported The PRESIDING OFFICER. Without unanimous consent that the nomina- unanimously by the Judiciary Com- objection, it is so ordered. tion be confirmed, the motion to recon- mittee to the full Senate. I am con- SUBCOMMITTEE ON STRATEGIC FORCES sider be laid upon the table, the Presi- fident that the Senate will again pass Mr. WARNER. Mr. President, I ask dent be immediately notified of the it. I trust that this year the House of unanimous consent that the Sub- Senate’s action, and the Senate then Representatives will act favorably on committee on Strategic Forces of the return to legislative session. this good legislation to honor our vet- Committee on Armed Services be au- The PRESIDING OFFICER. Without erans. objection, it is so ordered. thorized to meet during the session of Mr. FRIST. Mr. President, I ask The nomination considered and con- the Senate on Thursday, March 27, 2003, unanimous consent that the bill be firmed is as follows: at 2:30 p.m., in closed session to receive read a third time, and passed, the mo- testimony on intelligence support to tion to reconsider be laid upon the DEPARTMENT OF AGRICULTURE warfighters, in review of the Defense table, and that any statements relating Vernon Bernard Parker, of Arizona, to be authorization request for fiscal year to the bill be printed in the RECORD. an Assistant Secretary of Agriculture. 2004. The PRESIDING OFFICER. Without f The PRESIDING OFFICER. Without objection, it is so ordered. LEGISLATIVE SESSION objection, it is so ordered. The bill (S. 330) was read the third f time and passed, as follows: The PRESIDING OFFICER. Under S. 330 the previous order, the Senate will now PRIVILEGE OF THE FLOOR return to legislative session. Be it enacted by the Senate and House of Rep- Mr. BAUCUS. Mr. President, I ask resentatives of the United States of America in f unanimous consent that Mark Congress assembled, Kirbabas, Tyler Garrett, and Shawn UNANIMOUS CONSENT AGREE- SECTION 1. SHORT TITLE. MENTS—EXECUTIVE CALENDAR White of my staff be granted the privi- This Act may be cited as the ‘‘Veterans’ lege of the floor for the consideration Memorial Preservation and Recognition Act Mr. FRIST. Mr. President, as in exec- of H.R. 1307. of 2003’’. utive session, I ask unanimous consent The PRESIDING OFFICER. Without SEC. 2. CRIMINAL PENALTIES FOR DESTRUCTION that at 6 o’clock on Monday, March 31, objection, it is so ordered. OF VETERANS’ MEMORIALS. the Senate proceed to executive session (a) IN GENERAL.—Chapter 65 of title 18, for the consideration of Calendar No. f United States Code, is amended by adding at the end the following: 77, the nomination of Theresa VETERANS’ MEMORIAL PRESERVA- Springmann, to be U.S. District Judge TION AND RECOGNITION ACT OF ‘‘§ 1369. Destruction of veterans’ memorials for the Northern District of Indiana; 2003 ‘‘(a) Whoever, in a circumstance described further, I ask that the Senate then pro- Mr. FRIST. Mr. President, I ask in subsection (b), willfully injures or de- stroys, or attempts to injure or destroy, any ceed to a vote on the confirmation of unanimous consent that the Senate structure, plaque, statue, or other monu- the nomination; that after the vote, proceed to the immediate consider- ment on public property commemorating the the President be immediately notified ation of Calendar No. 44, S. 330. service of any person or persons in the armed of the Senate’s action and the Senate The PRESIDING OFFICER. The forces of the United States shall be fined then resume legislative session. clerk will report the bill by title. under this title, imprisoned not more than 10 The PRESIDING OFFICER. Without The legislative clerk read as follows: years, or both. objection, it is so ordered. ‘‘(b) A circumstance described in this sub- A bill (S. 330) to further the protection and Mr. FRIST. Mr. President, as in exec- section is that— recognition of veterans’ memorials, and for ‘‘(1) in committing the offense described in utive session, I ask unanimous consent other purposes. subsection (a), the defendant travels or that at 9:30 a.m., on Tuesday, April 1, There being no objection, the Senate causes another to travel in interstate or for- the Senate proceed to executive session proceeded to consider the bill. eign commerce, or uses the mail or an in- for the consideration of Calendar No.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A27MR6.090 S27PT1 S4540 CONGRESSIONAL RECORD — SENATE March 27, 2003 55, the nomination of Timothy PROGRAM ADJOURNMENT UNTIL MONDAY, Tymkovich, to be U.S. Circuit Judge MARCH 31, 2003, AT 3 P.M. for the Tenth Circuit; I further ask Mr. FRIST. For the information of all Senators, the Senate will reconvene Mr. FRIST. If there is no further consent that there be 6 hours for de- business to come before the Senate, I Monday, at 3 p.m. This will allow Mem- bate, equally divided in the usual form, ask unanimous consent that the Sen- and that following the use or yielding bers to attend services for our departed ate stand in adjournment under the back of that time, the Senate proceed colleague, Senator Daniel Patrick previous order. to a vote on the confirmation of the Moynihan. When the Senate convenes, There being no objection, the Senate, nomination, with no further inter- the first hour of the morning business at 6:46 p.m., adjourned until Monday, vening action or debate; I finally ask period will be devoted to statements March 31, 2003, at 3 p.m. consent that following the vote the regarding our men and women in the President be immediately notified of f Armed Forces who are engaged in con- the Senate’s action and the Senate NOMINATIONS then resume legislative session. flict in Iraq. Following those state- ments of support, there will be addi- Executive nominations received by The PRESIDING OFFICER. Without tional time for Senators to give further the Senate March 27, 2003: objection, it is so ordered. tributes to Senator Daniel Patrick DEPARTMENT OF HEALTH AND HUMAN SERVICES Moynihan. CHARLES W. GRIM, OF OKLAHOMA, TO BE DIRECTOR OF f THE INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH Under a previous order, the next vote AND HUMAN SERVICES, FOR A TERM OF FOUR YEARS, VICE MICHAEL H. TRUJILLO. will occur at 6 p.m., on Monday, on a ORDERS FOR MONDAY, MARCH 31, THE JUDICIARY 2003 district court judge. And under the order, on Tuesday morning, the Senate JOHN A. WOODCOCK, JR., OF MAINE, TO BE UNITED Mr. FRIST. Mr. President, I ask STATES DISTRICT JUDGE FOR THE DISTRICT OF MAINE, will consider the Tymkovich nomina- VICE GENE CARTER, RETIRED. unanimous consent that when the Sen- MARK R. KRAVITZ, OF CONNECTICUT, TO BE UNITED tion to be a U.S. Circuit Judge for the STATES DISTRICT JUDGE FOR THE DISTRICT OF CON- ate completes its business today, it NECTICUT, VICE ALFRED V. COVELLO, RETIRED. stand in adjournment until 3 p.m., Tenth Circuit. The vote on that nomi- L. SCOTT COOGLER, OF ALABAMA, TO BE UNITED nation will occur at some time on STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT Monday, March 31; I further ask con- OF ALABAMA, VICE H. DEAN BUTTRAM, JR., RESIGNED. sent that following the prayer and Tuesday, upon the use or yielding back pledge, the morning hour be deemed of the 6 hours of debate. f expired, the Journal of proceedings be Next week, the Senate may also con- CONFIRMATIONS approved to date, the time for the two sider any other legislative or executive Executive nominations confirmed by leaders be reserved for their use later items that can be cleared for action, the Senate March 27, 2003: in the day, and there then be a period including executive nominations that DEPARTMENT OF AGRICULTURE of morning business until 6 p.m., with have been reported and are on the cal- VERNON BERNARD PARKER, OF ARIZONA, TO BE AN AS- the time equally divided between the SISTANT SECRETARY OF AGRICULTURE. two leaders or their designees, and endar, other measures supporting our THE ABOVE NOMINATION WAS APPROVED SUBJECT TO troops, FISA—that is, the Foreign In- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- statements limited to 10 minutes each. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY I further ask consent that the first telligence Surveillance Act—the CARE CONSTITUTED COMMITTEE OF THE SENATE. hour be equally divided between Sen- Act, and the supplemental appropria- THE JUDICIARY ators Hutchison and Lincoln or their tions. JAMES V. SELNA, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT designees. I look forward to another productive OF CALIFORNIA. The PRESIDING OFFICER. Without week. And I wish everyone a safe and PHILIP P. SIMON, OF INDIANA, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF INDI- objection, it is so ordered. restful weekend. ANA.

VerDate Jan 31 2003 05:17 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 0624 Sfmt 9801 E:\CR\FM\G27MR6.115 S27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E593 EXTENSIONS OF REMARKS

PAYING TRIBUTE TO CASEY The rule in the House should mirror the TRIBUTE TO THE NATIONAL SERV- BROWN opinion of our colleagues in the Senate, that ICE ORGANIZATION OF SCHO- H.R. 1104 should be reduced to one single LASTIC HON. SCOTT McINNIS issue: The Amber Alert system. OF COLORADO The rule as written, however, provides for HON. IKE SKELTON IN THE HOUSE OF REPRESENTATIVES debate on extraneous issues ranging from OF MISSOURI IN THE HOUSE OF REPRESENTATIVES Thursday, March 27, 2003 sentencing guidelines, to penalties for posses- sion of child pornography, to the investigative Thursday, March 27, 2003 Mr. MCINNIS. Mr. Speaker, it is with great powers of the U.S. Secret Service. pride that I rise today to recognize Casey Mr. SKELTON. Mr. Speaker, let me take While these and the other extraneous provi- Brown of Ignacio, Colorado. Mr. Brown has this means to recognize the fine accomplish- sions in H.R. 1104 are worthy of our full con- ments of the National Service Organization of been a dedicated citizen and leader of the sideration, those provisions should not be con- Scholastic, which is the largest employer in Southwest Colorado community and it is my sidered in H.R. 1104. Jefferson City, MO. Scholastic was rewarded honor to pay tribute to his accomplishments the PR News 2002 Corporate Social Respon- before this body of Congress and this nation. The House should debate and pass a clean Amber Alert bill, just as the Senate passed a sibility Award. Casey graduated from New Mexico State Scholastic has been awarded this honor due clean Amber Alert bill with S. 121. University and the University of Wyoming with to their ongoing innovation campaigns and on- a focus on wool production. After college and By passing a clean Amber Alert bill we send going programs. Scholastic was honored in a brief teaching stint at California State Poly- a clear message to America’s families that the the category of Diversity Communications for technic University in Pomona, California, safety of our children is a priority second to its partnership with Lincoln University on spon- Casey returned to the Four Corners area to none. sorships, scholarships, job internships, and help his father run their family ranch in New We also increase the likelihood that more book donations. The company sponsors pro- Mexico. Casey has continued to manage the child abductions will have the happy ending grams that provide speakers and curriculum ranch, which now includes a herd of 2,500 experienced by the family of Elizabeth Smart, literature, and also recognizes outstanding sheep and 200 cattle. who, as we all know, was safely returned to achievement of faculty, staff, and volunteers Casey has always been active in agricultural her family after a nine-month-long kidnapping for local schools. and community activities, serving as a mem- ordeal. Scholastic also has a long-term commitment ber of the San Juan County Fair Association, to Missouri through their annual summer book the New Mexico State University experimental The Republican majority’s decision to bog donation program, which provides children at station advisory board, the Pine River Irriga- down the Amber Alert bill with several unnec- more than 150 schools with a donation of tion District board, and as the founder of Citi- essary and unrelated provisions is inexplicable three books for each student for summer read- zens for Common Sense Government. Addi- and endangers our children. ing. Scholastic also provides Lincoln University tionally, Casey is the past president of the It seems as though the majority has used books and materials each month for their chil- Colorado Wool Growers Association, which every conceivable measure to load up the bill dren’s library. In addition, the company fosters recognized him as Wool Grower of the Year in and make it more difficult to pass. recruitment opportunities and sponsors writing 1993. Among other honors, Casey was the La The Senate set aside their partisan agendas and student awards programs. Many of Scho- Plata County Cattleman of the Year in 1992, and took a giant step toward protecting Amer- lastic’s employees also serve on Lincoln Uni- DACRA Agriculturalist of the Year in 1999, ica’s children by passing a clean, bipartisan versity’s advisory board. and earned special recognition for service by Amber Alert bill. Mr. Speaker, I know that the National Serv- the National Public Lands Council in 1994. ice Organization of Scholastic should be hon- For his significant contributions in the agri- The Majority should set aside their agenda ored for their commitment to serving their local cultural community, Casey was named the and eliminate these extraneous provisions so communities. They can be proud of their ac- seventh recipient of the Southwestern Colo- that the House, too, can pass a clean Amber complishments. I know the Members of the rado Livestock Association’s Distinguished Alert bill. House will join me in congratulating Scholastic Service Award, which honors members who Mr. Speaker, I support H.R. 412, a clean for this well deserved award. have gone above and beyond in their contribu- Amber Alert bill. f tions to the livestock industry. Mr. Speaker, it I oppose the rule, H. Res. 160. PAYING TRIBUTE TO ROBERT is with honor that I commend Mr. Casey DUNCAN Brown before this body of Congress and this f great nation for his dedication to his trade and his community. His contributions have greatly CONGRATULATING MEMBERS OF HON. SCOTT McINNIS benefited the people of the Four Corners re- THE MATIGNON HIGH SCHOOL OF COLORADO gion and I am honored to have the opportunity BASKETBALL TEAM IN THE HOUSE OF REPRESENTATIVES to represent such a fine Coloradan. I wish Thursday, March 27, 2003 Casey the best of luck with all of his future en- Mr. MCINNIS. Mr. Speaker, it is with much deavors. HON. MICHAEL E. CAPUANO pleasure that I rise today to honor the accom- f OF MASSACHUSETTS plishments of Robert Duncan of the San Juan Technical School located in Denver, Colorado. IN THE HOUSE OF REPRESENTATIVES PROVIDING FOR CONSIDERATION Robert has dedicated his life to passing on his OF H.R. 1104, CHILD ABDUCTION Thursday, March 27, 2003 extensive knowledge and experience, pro- PREVENTION ACT viding many students with otherwise unthink- Mr. CAPUANO. Mr. Speaker, I rise today to able opportunities. I wish to take this oppor- SPEECH OF recognize two more members of the Matignon tunity to acknowledge Robert’s dedication and HON. SHEILA JACKSON-LEE Warriors boys’ basketball team that won the commitment to education before this body of OF TEXAS MIAA Division 4 state championship on March Congress and this Nation. IN THE HOUSE OF REPRESENTATIVES 10, 2003. Last week I submitted for the record Robert is known for his expertise in auto- the Warriors’ team roster, and inadvertently motive technology and his dedication to his Wednesday, March 26, 2003 left out Jimmy Burns and Michael Flaherty. I students. His recent award recognizes Rob- Ms. JACKSON-LEE of Texas. Mr. Speaker, would like to correct that today, and congratu- ert’s ability as a teacher, particularly empha- I rise in opposition to this rule, H. Res. 160. late them on their successful season. sizing the dramatic increases in enrollment in

∑ 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 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K27MR8.001 E27PT1 E594 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 Robert’s courses and his success recruiting hances the prospects of fighting a war with death of children ages 1–4 in the United women into his automotive technology pro- few allies. States. In that same year, children under 1 Lack of clarity about the possible insta- gram. Furthermore, Robert has won acclaim bility in the Middle East during the war and year old accounted for two out of five of all fa- for his unique talent for welcoming special subsequent foreign occupation of Iraq. It talities reported. education students and helping them excel in seems unlikely that the Muslim world will In the State of Texas, Child Protective Serv- the program. Great teachers, like Robert, draw for long passively accept America’s incur- ices reported there were 131,147 investiga- on their own practical experience in order to sion—whatever our provocation. tions of child abuse and neglect and 47,532 bring the real world into the classroom. Re- Respectfully, were confirmed victims. In fact, of the child cently, the State Board of Community Col- Don Perata, Byron Sher, Jack Scott, abuse and neglect related fatalities in the leges and Occupational Education named Mike Machado, Tom Torlakson, Gloria State of Texas, figures from 2001 data show Robert faculty member of the year. Romero, Wesley Chesbro, Debra Bowen, Harris County with the most occurrences. Mr. Speaker, I am proud to stand today and Deborah Ortiz, John Burton, Liz To this end, there is no doubt that child Figueroa, Gil Cedillo, Sheila Kuehl, recognize Robert Duncan before this Con- John Vasconcellos, Edward Vincent, abuse and neglect continues to be a signifi- gress and this Nation. We should all express Richard Alarco´ n, Jackie Speier, Dede cant problem in the United States. These sta- our deepest gratitude to teachers like Robert. Alpert. tistics can only begin to help us understand They make an enormous difference one life at Paul Koretz, John Longville, Mervyn the scope of the problem—who is affected and a time, providing countless students with op- Dymally, Christine Kehoe, Jackie what extents to which they are. Nonetheless, portunity and hope. Teaching truly is a noble Goldberg, Fabian Nun´ ez, Sally J. this legislation makes way for others in the calling, and Robert has answered that call. Lieber, Ronald Calderon, John Laird, public who may not ordinarily think about such f Loni Hancock, Judy Chu, Patricia problems more acutely aware of these issues. Wiggins, Alan Lowenthal, Hannah-Beth Our children are our future, but their health LETTER TO THE PRESIDENT Jackson, Gene Mullin, Cindy Montan˜ ez, Marco Firebaugh, Patty and safety in our society continues to decline. HON. FORTNEY PETE STARK Berg, Wilma Chan. Everyone has an obligation to ensuring chil- f dren have a chance at a great life and a pros- OF CALIFORNIA perous future. The reality is alarming, but our IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE SOCIAL PROB- commitment to the goals of this legislation Thursday, March 27, 2003 LEM OF CHILD ABUSE AND NE- must be strong. Mr. Speaker, I urge my col- Mr. STARK. Mr. Speaker, I commend to my GLECT, AND SUPPORTING EF- leagues to support this legislation. colleagues’ attention the following letter sent FORTS TO ENHANCE PUBLIC to President George W. Bush by members of AWARENESS OF THE PROBLEM f the California Legislature stating their opposi- SPEECH OF TRIBUTE TO THE VETERANS OF tion to war against Iraq. I am proud of these FOREIGN WARS, GREATER RIV- 52 lawmakers who represent a diversity of HON. SHEILA JACKSON-LEE ERSIDE CHAMBERS OF COM- OF TEXAS California’s citizens. They understand first- MERCE, MORENO VALLEY CHAM- IN THE HOUSE OF REPRESENTATIVES hand the cost of this capricious act. Financing BER OF COMMERCE, AMERICAN this war will mean less federal investment in Wednesday, March 26, 2003 RED CROSS, SALVATION ARMY schools and nursing homes and the loss of Ms. JACKSON-LEE of Texas. Mr. Speaker, AND COMMUNITY FOUNDATION, basic services for the working poor, the dis- I rise in support of H. Res. 113 recognizing MARCH CANTEEN, HARVEST abled and mentally-ill. They are rightly con- the social problem of child abuse and neglect, CHRISTIAN FELLOWSHIP AND cerned about the impact this war will have on and supporting efforts to enhance public OTHERS those young Americans who have been called awareness of the problem. Although we live in to fight. They are disappointed about the di- the world’s wealthiest nation, we have yet to HON. KEN CALVERT minished respect and influence America will eradicate some of the most disheartening so- have in the world given the President’s use of OF CALIFORNIA cial ills that plague our society. Throughout IN THE HOUSE OF REPRESENTATIVES military power, not the interests of peace and this great republic, it is a fact that many of our democracy, in his approach to foreign affairs. children are in great need, impacted by the Thursday, March 27, 2003 I commend my fellow Californians for their elo- horrifying realities of unsafe and unhealthy liv- Mr. CALVERT. Mr. Speaker, I rise today to quence and outspokenness on an issue of ing environments, wherein abuse and neglect honor and pay tribute to several organizations such great importance to the American peo- tear away at the very core of their youthful- whose patriotism, dedication and contributions ple. ness. to the troops deploying out of March Air Re- CALIFORNIA LEGISLATURE, With regards to the prevalence of this prob- serve Base in Riverside, California are excep- March 4, 2003. lem, in 1999, an estimated 3,244,000 children tional. As our troops have been preparing to Hon. GEORGE W. BUSH, President, United States of America, The White were reported to Child Protective Services deploy to the Middle East many local organi- House, Pennsylvania Avenue, Washington, agencies as alleged victims of child maltreat- zations have taken it upon themselves to pro- DC. ment. Child abuse reports have maintained a vide an outpouring of support and assistance. DEAR MR. PRESIDENT: As Members of the steady growth for the past ten years, with the The local organizations involved have been California State Legislature, we respectfully total number of reports nationwide increasing the Veterans of Foreign Wars, Greater River- write in opposition to a war on Iraq without 45 percent since 1987. Neglect represents the side Chambers of Commerce, Moreno Valley a formal resolution by the United Nations most common type of reported and substan- Chamber of Commerce, American Red Cross, Security Council and a declaration of war by Congress. tiated form of maltreatment. In 1996, 25 States Salvation Army and Community Foundation, As elected representatives of the largest provided the following breakdown for reported March Canteen and Harvest Christian Fellow- population and economy in America, we have cases: 62 percent involved neglect, 25 percent ship. many concerns over the policies your admin- physical abuse, 7 percent sexual abuse, 3 March Air Reserve Base has a long history istration is pursuing. These include: percent emotional maltreatment, and 4 percent of honorable service to our country and once A lack of credible evidence that meets the other. For substantiated cases, 31 States gave again it will hold a place in U.S. military his- standard of ‘‘beyond a reasonable doubt’’ the following breakdowns: 60 percent neglect, tory. The substantial airlift of 6,500 tons of that shows the imminent danger Iraq poses to America’s essential interests. Neither 23 percent physical, 9 percent sexual, 4 per- cargo and the movement of 26,400 Marines Colin Powell nor Hans Blix presented a case cent emotional maltreatment and 5 percent headed for overseas has been helped by pub- sufficient to warrant an attack by American other. lic donations of food and $30,000. The volun- forces. Figures issued by another study conducted teers have handed out fruit, potato chips, A failure to persuade other nations to sup- in 2000, which surveyed 48 States, rep- cookies and paperback books to each Marine port our intentions. Unlike the aftermath of resenting over 95 percent of the population passing through the Marine deployment ter- the Attack on America, you have not been under 18, reveal a serious need for concern. minal. The Marines were also given personal able to enlist the support of other key na- tions, who presumably have been given even Approximately 1,356 children died due to items in order to provide a measure of comfort more intelligence data than has the Amer- causes of child abuse and neglect. More spe- during their stay in the Middle East. ican public. This lack of geo-political soli- cifically, children under 5 years old accounted The groups and individuals involved in the darity substantially weakens America’s case for four out of five of all fatalities reported, volunteer effort expressed nothing but appre- in the court of world opinion. Further, it en- which served as the 2nd leading cause of ciation and admiration for the men and women

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K27MR8.002 E27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E595 who have answered their call to duty. Their or- forts to help others and by their own excep- receiving her nursing degree. Susan came to ganization, determination, and work on behalf tional example, provide a vision of hope to Craig in 1992 after 12 years working with of our military are an example for every citizen Massachusetts citizens.’’ newborns in California, ready to retire. In- of the United States of America. Their own call Gerard Doherty’s lifelong commitment to stead, a friend inspired her to join Visiting to the duty of volunteerism represents com- Massachusetts is admirable and deserving of Nurses. Now Susan is facing the challenges of passion and caring through organization. As recognition. The Commonwealth of Massachu- public health head-on, meeting the needs of our soldiers carry out their mission in Iraq, setts is fortunate to have a citizen who is in- the local community. VNA operates programs those last acts of generosity, kindness, sup- volved in so many worthwhile efforts in his for child immunization, nursing services to jail port and love will be remembered as our community. I congratulate Gerard Doherty on inmates, nutrition, and even contributes to troop’s face what may be the most difficult his extraordinary public service and I wish him Moffat County’s response to potential bioterror time in their lives. continued success. attacks. Susan and her staff play an invalu- The Veterans of Foreign Wars, Greater Riv- f able role in maintaining the health of the citi- erside Chambers of Commerce, Moreno Val- zens of northwest Colorado. ley Chamber of Commerce, American Red STATEMENT ON HOUSE Mr. Speaker, the role of a public health offi- Cross, Salvation Army and Community Foun- RESOLUTION 153 cial is full of challenges and opportunities, and dation, March Canteen, Harvest Christian Fel- it is a great privilege to salute Susan Bowler lowship and others have shown their patriot- HON. JANE HARMAN before this body of Congress and this Nation ism and I am proud of the work they have OF CALIFORNIA for her willingness to take on those chal- done for our troops. I am honored to have IN THE HOUSE OF REPRESENTATIVES lenges. Her dedication to addressing the such dedicated community organizations in my Thursday, March 27, 2003 health care needs of Moffat and Routt coun- congressional district as well as a military ties is an inspiration to others and an im- base that contributes to the national security Ms. HARMAN. Mr. Speaker, I rise to explain mense benefit to her community. of our country and the liberation of the Iraqi my vote on House Resolution 153, a resolu- f people. tion ‘‘recognizing the public need for fasting RECOGNIZING AND SUPPORTING f and prayer in order to secure the blessings of Providence for the people of the United States GOALS AND IDEALS OF NA- RECOGNIZING THE CONTRIBU- and our Armed Forces during the conflict in TIONAL RUNAWAY PREVENTION TIONS OF GERARD F. DOHERTY Iraq and under the threat of terrorism at MONTH TO THE STATE OF MASSACHU- home’’. SETTS Like all Americans, I strongly support our SPEECH OF nation’s Armed Forces and hope for the suc- HON. SHEILA JACKSON-LEE HON. MICHAEL E. CAPUANO cessful completion of their mission in Iraq and OF TEXAS OF MASSACHUSETTS their safe return home. But, upon taking the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES oath of office, each Member of Congress has sworn to uphold the Constitution. As such, we Wednesday, March 26, 2003 Thursday, March 27, 2003 must carefully differentiate the intent of the Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. CAPUANO. Mr. Speaker, I rise today to resolution we vote on from its language. I rise today to support House Resolution 57. I recognize Gerard F. Doherty, a distinguished House Resolution 153 has the laudatory strongly support the goals and the ideals of resident of the 8th Congressional District. Mr. goal of protecting our troops and our citizens ‘‘National Runaway Prevention Month.’’ Doherty is a graduate of Malden Catholic High from harm. But, despite the sponsor’s inten- It shocks me, that every year, it is estimated School and Harvard College. He earned a tions, the actual language calling for prayer that up to 2.8 million youths in America are liv- Masters Degree in Health Administration at and fasting and asking for the intercession of ing on the street. In my home state of Texas, Wayne University and a Law Degree from Suf- Providence violates, in my view, our Constitu- more than 100,000 children between the age folk University. tional obligation to respect the separation be- of seven and 17 run away from home each Gerard Doherty’s involvement in state poli- tween church and state. year. This shocking amount indicates that tics began in 1957 as a member of the Mas- The resolution may reflect the religious there is a significant need for resources and sachusetts’ House of Representatives, where views of some of our citizens as well as some outreach programs that effect this population. he served until 1965. He served as the Chair- of our Members. But, it may also offend the Runaway children have families, friends, and man of the Massachusetts Democratic Party religious views of others and, consequently, carry a despondence so great that they feel from 1962 until 1965 and, in 1968, Mr. be divisive rather than unifying—a concern they can no longer stay in their homes. Doherty managed Senator Robert F. Ken- clearly anticipated by our Constitution. Thus, I We need to take action and prevent teens nedy’s Presidential campaign in Indiana, help- cannot vote yes in support of the resolution. running away from becoming commonplace in ing Senator Kennedy win the Indiana Demo- f our country. Many family related problems and cratic primary. Since 1961, Mr. Doherty has pressure cause teens to leave home. been practicing real estate, public policy, and HONORING SUSAN BOWLER This is a problem that is not limited to any energy law in private practice. class or racial group. Millions of homes and Mr. Doherty also serves numerous organiza- HON. SCOTT McINNIS families are involved. This is a national and tions in Massachusetts. He is a Trustee at OF COLORADO community problem. We are obligated to stand Suffolk University in Boston and a Board IN THE HOUSE OF REPRESENTATIVES up for the frustrated youths who are banished Member and Trustee of Malden Catholic High from the only homes they know out into the School. He serves on the Board for the Thursday, March 27, 2003 street. Many of these runaways have been Friends Charlestown Catholic and the Massa- Mr. MCINNIS. Mr. Speaker, I would like to physically, sexually, or emotionally abused. chusetts Eye and Ear Infirmary. He is also a take this opportunity to recognize Susan Bowl- Imagine a child, who feels so alone in their member of the John F. Kennedy Library Foun- er of Craig, Colorado. Susan is the public world and feels their only option is to live in dation. health nurse manager at the Northwest Colo- the street. The pain and loneliness they feel To honor his contributions to a number of rado Visiting Nurse Association, an organiza- only creates a negative cycle, which leads to causes and organizations, the John F. Ken- tion that serves the health care needs of Routt depression, isolation, and desperation. We nedy Library Foundation named Mr. Doherty and Moffat counties. Susan has done much to need to place an emphasis and value on the their 1998 ‘‘Irishman of the Year.’’ That same improve the lives of others in her community, community services that can reach out and year, the Charlestown Community Awards and I would like to take this opportunity to rec- help these youths. If no help is given, how can Committee presented Mr. Doherty with the ognize that service and the important role she we expect the youth to turn around their life ‘‘Unsung Hero Award’’ for his service to the fills in her community before this body of Con- and get back on track? A runaway teen does Charlestown Community. On May 28, 2002, gress and this Nation. not have an easy life, and often turn to drugs Mr. Doherty was honored with the ‘‘Vision of Susan grew up in an Air Force family and or prostitution to simply survive. Hope’’ award by the John F. Kennedy Center got her first exposure to medicine in hospitals I am proud to stand here today and speak in Charlestown, Massachusetts. This award all over the world. She began working with in- on behalf of those runaway youths whom few paid tribute to Mr. Doherty and his wife fants in Thailand at local orphanages as a before me have spoken for. This is an issue Marilyn as ‘‘persons who, through selfless ef- teenager and made infant care a career after that we must address and come to understand

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.006 E27PT1 E596 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 thoroughly, not something to be swept under the ability to retain their private health insur- ‘‘Woman of Distinction’’ by the Business Press the rug. The youths who flee their homes in ance coverage by utilizing the continuation-of- in 1998. She is also the owner of Archive search of a safe haven on the street to be coverage rule offered by COBRA. While the Management Service in Riverside. given an opportunity to seek help. family would assume the cost of retaining the Carole’s tireless passion for community We need to increase public awareness private health insurance, the legislation would service has contributed immensely to the bet- about the circumstances and trauma of the provide tax credits to cover the cost of the in- terment of the community of Riverside, Cali- runaway youths. The National Network for surance. A substantial portion of the tax cred- fornia. Carole’s involvement in the community Youth and the National Runaway Switchboard its will be refundable, while the remaining and on behalf of the local businesses makes provides a myriad of services and resources amount can be included as part of the family’s me proud to call her a fellow community mem- to runaway and homeless youths. It is our job itemized tax deductions. The tax credits will ber, American and friend. I know that many as congressmen to support these movements enable these families continue their private community members are grateful for her serv- and tell them we value their services. Both health insurance coverage without a financial ice and salute her as she exits as the Chair- National Network for Youth and the National burden. man of the Board for the Greater Riverside Runaway Switchboard are cosponsoring Na- Mr. Speaker, I hope you will join me and my Chambers of Commerce. tional Runaway Prevention Month. This is a fellow cosponsors in assisting the families of f time for us to commend them on their work our mobilized National Guard and Reserve PAYING TRIBUTE TO MARC AND and offer our continuing gratitude with this res- personnel and address this important health JOAN ADLER olution to support National Runaway Preven- coverage issue. tion Month. f I applaud the organizations that take this HON. SCOTT McINNIS first step to reach out. My heart goes out to TRIBUTE TO CAROLE A. GUDDE, OF COLORADO the youths and families that have been failed OUTGOING CHAIRMAN OF THE IN THE HOUSE OF REPRESENTATIVES by the system. It is in your honor that Con- BOARD FOR THE GREATER RIV- Thursday, March 27, 2003 gress will recognize the National Runaway ERSIDE CHAMBERS OF COM- MERCE Mr. MCINNIS. Mr. Speaker, I would like to Prevention Month. take this opportunity to recognize Marc and f SPEECH OF Joan Adler of Glenwood Springs, Colorado MOBILIZED RESERVE FAMILY HON. KEN CALVERT and thank them for their contributions to their HEALTH CARE ACT OF 2003 community before this body of Congress and OF CALIFORNIA this nation. The couple is closing the Glen- IN THE HOUSE OF REPRESENTATIVES wood Springs pet store that they have owned HON. MICHAEL E. CAPUANO Thursday, March 27, 2003 for over thirty years, and, though their store OF MASSACHUSETTS will be dearly missed, I am happy to congratu- IN THE HOUSE OF REPRESENTATIVES Mr. CALVERT. Mr. Speaker, I rise today to honor and pay tribute to an individual whose late the Adlers on their retirement. Thursday, March 27, 2003 dedication and contributions to the community Marc and Joan both worked at Valley View Mr. CAPUANO. Mr. Speaker, since the trag- of Riverside, California are exceptional. River- Hospital when they first moved to Glenwood ic events of September 11, 2001, America has side has been fortunate to have dynamic and Springs in 1971, and decided to open their relied heavily upon the men and women of the dedicated community leaders who willingly own business in their living room. The result National Guard and Reserves. Whether pro- and unselfishly give their time and talent to was the Glenwood Fishbowl, a pet store which tecting and defending the nation here at making their communities a better place to live built upon Marc’s boyhood experience with home, or as part of an overseas deployment, and work. Carole A. Gudde is one of these in- aquariums. The business grew and moved to these citizen soldiers have made tremendous dividuals. After a year of exemplary service, downtown Glenwood, where the pet store ex- sacrifices in support of our national security in- we salute Carole as the outgoing Chairman of panded to include toys. Eventually, the store terests. the Board for the Greater Riverside Chambers moved to the Glenwood Springs Mall in 1982, At the same time, the families of these of Commerce. under the name Marc’s Toys and Pets. In ad- brave men and women are also making enor- As one of the oldest, largest and most influ- dition to running their business, the Adlers mous sacrifices. Currently, over 215,000 mem- ential chambers in the state, the Greater Riv- have been active community leaders, with bers of the guard and reserve are mobilized. erside Chambers of Commerce (GRCC) works Marc serving on the City Council and for two Many of these individuals are deployed to as- closely with local government and other enti- years as Glenwood’s mayor. Mr. Speaker, it is a great privilege to honor signments that will likely last anywhere from ties to stimulate development and improve the Marc and Joan Adler and wish them all the six months to more than a year. For the family quality of life in Riverside County. Carole best in retirement. Their store was a shining members of those deployed for such long du- Gudde’s vision, leadership and ability to work example of local entrepreneurship and a cor- rations, the challenge of maintaining a stable with others have continued the mission of the nerstone of the Glenwood Springs small busi- home environment can be daunting. This is GRCC in its work to promote economic devel- ness community for over thirty years. Their especially true when considering the issue of opment and pro-actively address problems kind and dedicated service to their customers health insurance. within the community. The GRCC is approxi- will be sorely missed in Glenwood Springs. I Employers are not legally required to pro- mately 1,600 members strong and Carole has congratulate the Adlers on their well-deserved vide health insurance coverage for an em- been instrumental in maintaining and adding retirement. ployee and his/her family once that employee members to the Chamber. is called to active duty. As a result, the family Carole’s efforts as Chairman of the Board f in many cases must make the switch to have extended beyond the boundaries of Riv- SECURING BLESSINGS OF PROVI- TRICARE in order to continue receiving health erside and into the State Capitol and Wash- DENCE FOR PEOPLE OF THE benefits. This can be extremely burdensome ington, DC. She has been actively involved in UNITED STATES AND OUR since many hospitals and family doctors out- advocating pro-business legislation and fight- ARMED FORCES side the military health system do not partici- ing against measures that would put strains on pate in TRICARE. In addition, individuals with local small business. She consistently kept HON. FORTNEY PETE STARK pre-existing conditions face an uncertain future members informed of the happenings in Sac- OF CALIFORNIA with respect to their ability to regain employer- ramento as well as Washington, DC and made IN THE HOUSE OF REPRESENTATIVES sponsored health insurance once the mobi- sure that Riverside’s voice was heard. lized family member returns from active duty. Carole has also been instrumental in pro- Thursday, March 27, 2003 To address this problem, I am introducing moting quality education for our children. Car- Mr. STARK. Mr. Speaker, I rise in opposi- today, the Mobilized Reserve Family Health ole is also a member of the Executive Council tion to this resolution expressing the sense of Care Act of 2003. This legislation will provide of the Riverside Community Hospital, the Congress that the President should designate families of reservists and guard personnel with YMCA Professional Business Women’s Asso- a national day of prayer and fasting for all the option of continuing their private health in- ciation, and the A. Gary Anderson School of Americans; and calling on all people of the surance coverage while their family members Management Forum. She has been a recipient United States to ‘‘seek guidance from God to are called to serve lengthy active duty deploy- of the Small Business Eagle Award, 1996 Vol- achieve a greater understanding of our own ments. Under this bill, these families will have unteer of the Year Award, and was named a failings.’’

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.009 E27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E597 I’m sure God may have something to say post office to fly its flag at half-mast, and and this great nation for his dedication and about the President’s failure to preserve peace launching a drive to fly 82 U.S. flags in honor leadership within his community. His contribu- in the effort to disarm Iraq. But, we do know of all of Lomita’s fallen soldiers, sailors and tions have greatly benefited the people of Cor- what the Bible says, Mr. Speaker: ‘‘blessed airmen. tez and I am honored to have this opportunity are the peacemakers.’’ Corporal Gutierrez’s ultimate sacrifice un- to represent such a fine Coloradan. I wish Most major religious organizations in the derscores for us how fragile and how precious Darrell the best of luck in all his future en- world—the Vatican, Muslim, Buddhist, Jewish, are the freedoms we enjoy. He died to keep deavors. and Protestant religious groups—oppose war us free. f in Iraq on moral grounds. Yet, this resolution f seeks to deflect moral criticism from the Presi- RECOGNIZING JOHN DIGILIO dent’s immoral act of war, and despite his re- TRIBUTE TO LIEUTENANT COLO- fusal to listen to the leaders of his own faith. NEL STAN SHURMANTINE, RET. HON. STEVE ISRAEL Regardless, religion is not an area for Con- OF NEW YORK gressional debate. HON. IKE SKELTON IN THE HOUSE OF REPRESENTATIVES I respect the right of everyone to reflect on OF MISSOURI Thursday, March 27, 2003 these difficult events as they see fit. I under- IN THE HOUSE OF REPRESENTATIVES stand the value of people of various religions Mr. ISRAEL. Mr. Speaker, I rise today to Thursday, March 27, 2003 or moral convictions finding resolve in their be- recognize John Digilio as Chef de Chemin de liefs or faiths during this trying time. That is Mr. SKELTON. Mr. Speaker, let me take Fer of La Societe des Quarante Hommes et everyone’s right. However, this resolution this opportunity to pay tribute to Lieutenant Huit Chevaux. The ‘‘Forty and Eight,’’ as it is today has Congress encouraging all Ameri- Colonel (Ret.) Stan Shurmantine, of Lexington, popularly known, is an independent fraternal cans, regardless of their beliefs, to engage in MO, who recently retired from the United organization of veterans comprised of approxi- specific religious acts that are Christian in na- States Army Reserves after 28 years. mately 50,000 veterans from World War II and ture. On February 28, 2003, Stan ended an out- the Korean, Vietnam and Desert Storm con- Our country was founded on the principles standing career in the Army Reserves. flicts. The members of the ‘‘Forty and Eight’’ of free expression and religious liberty. The Through the years, he has dedicated himself dedicate much of their time to their Child Wel- Constitution requires that Congress must not to serving the American people. fare Program, Nurses Scholarship Trust Fund, legislate religion, but instead honor the diver- Currently, Stan serves as the manager of as well as many activities dedicated to Ameri- sity of convictions and beliefs in our nation. IBS Industries, Inc., in Independence, MO. IBS canism, respect for the flag, the Constitution This resolution fails to respect the separation honored Stan’s military service with a recep- and Law and Order. of church and state and to uphold our commit- tion, which was attended by 250 guests. Chef Digilio grew up in Bay Shore, New ment to honor religious diversity. I urge my Stan in addition to his military service, has York and entered active duty in the United colleagues to vote ‘‘no.’’ served his home community of Lexington, States Army in 1969. From 1970–1971 he f where he lives with his wife Marcie. He is a served in the 95th Evacuation Hospital, councilman and also serves as mayor pro- DaNang, Republic of Vietnam. After his return IN HONOR OF LANCE CORPORAL tem. to the United States, he entered the New York JOSE GUTIERREZ Mr. Speaker, Lieutenant Colonel Stan Army National Guard and worked his way up Shurmantine has honored the United States the ranks to senior commander of all medical HON. JANE HARMAN Army Reserves with service for 28 years. As units by 1986. On December 1, 1996, John OF CALIFORNIA he continues his work at IBS Industries, Inc. was brevetted and placed on the New York IN THE HOUSE OF REPRESENTATIVES and the city of Lexington, I know that the State Retired List as brigadier general by the Members of the House will join me in wishing Governor of New York upon his retirement Thursday, March 27, 2003 him all the best in the days ahead. from military service. Ms. HARMAN. Mr. Speaker, I rise today to f I am most grateful for Chef Digilio’s dedi- honor the memory of Marine Corps Lance cated service to our county over the last 34 Corporal Jose Gutierrez, who was one of the TRIBUTE TO DARRELL VEACH years. In this time of war, especially, it is crit- first Americans to give his life in battle during ical that we take the time to show our support Operation Iraqi Freedom. I ask my colleagues HON. SCOTT McINNIS for America’s men and women who have to join me in commemorating the heroism of OF COLORADO served in uniform. I wish the ‘‘Forty and Eight’’ this young man. IN THE HOUSE OF REPRESENTATIVES a festive and enjoyable Homecoming this up- Corporal Gutierrez was a symbol of Amer- Thursday, March 27, 2003 coming weekend. ica’s promise. Born in Guatemala, Jose lost f his parents at a young age and spent years Mr. MCINNIS. Mr. Speaker, it is with great on the streets in his home country. He came pride that I rise today to recognize Darrell REVOCATION OF EXECUTIVE to the United States seeking a better life, and Veach of Cortez, Colorado. Darrell is a dedi- ORDER LIMITING ACCESS TO after moving around a bit, found a home with cated citizen and leader of the Cortez commu- PRESIDENTIAL RECORDS foster parents in Lomita, California, a small nity and it is my honor to pay tribute to his ac- town in my congressional district. complishments before this body of Congress HON. DOUG OSE Jose attended local schools—North High and this nation. OF CALIFORNIA School in Torrance and Harbor College in Wil- Darrell is a third-generation stockman and a IN THE HOUSE OF REPRESENTATIVES mington—playing soccer and hoping one day Korean War veteran who began his career to study architecture. His foster brother told raising sheep before becoming a cowboy. He Thursday, March 27, 2003 local newspapers that ‘‘he joined the Marines is well known throughout the community as a Mr. OSE. Mr. Speaker, today, I rise to intro- to pay back a little of what he’d gotten from good steward of his land and the environment. duce a simple bill to revoke Executive Order the U.S.’’ In addition to Darrell’s ranching activities, his 13233, ‘‘Further Implementation of the Presi- Mr. Speaker, it makes me proud to learn service to the local community goes back over dential Records Act,’’ which President Bush about the passionate feelings this young man thirty years with the Boy Scouts, the Church of issued on November 1, 2001. My bill would re- had for his adopted country. Undoubtedly, Jesus Christ of Latter-day Saints, the Monte- place this Order with President Reagan’s 1989 they are feelings shared by hundreds or per- zuma County Planning Commission, and the implementing Executive Order 12267. During haps thousands of the other young men and Colorado Cattleman’s Association. The South- the 107th Congress, on April 11, 2002, Rep- women who volunteered for military service western Colorado Livestock Association, of resentative STEVE HORN introduced the ‘‘Presi- and are now participating in Operation Iraqi which Darrell is a board member and past dential Records Act Amendments of 2002’’ Freedom. president, honored him as its 2003 Stockman (H.R. 4187). I co-sponsored this bi-partisan I am proud too of the citizens of Lomita, of the Year. A proud family man, Darrell bill. The Government Reform Committee held who immediately began to organize tributes to shares his love for the outdoors with his chil- hearings on the Bush Order and then, after in- Corporal Gutierrez, including plans to add his dren and grandchildren. troduction, on Mr. HORN’s bill. On October 9th, name to the memorial to fallen soldiers adja- Mr. Speaker, it is with honor that I commend the House Government Reform Committee re- cent to the local post office, requesting that Darrell Veach before this body of Congress ported out an amended version of this bill. On

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.012 E27PT1 E598 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 November 22nd, an accompanying House Re- On October 1, 1983, Pete joined the staff of Nearly 3,500 members of the 509th Bomb port (Report 107–790) was published. Unfortu- the Armed Services Committee as a profes- Wing, operating from both their home base in nately, the full House never considered this sional staff member where his dedication and Missouri and from a forward-deployed loca- bill. exhaustive commitment to national security tion, have kept B–2s in the air around the In the 1978 Presidential Records Act, Con- continued. clock, day and night, since the beginning of gress clearly intended to make Presidential While initially assigned to the military instal- our campaign to liberate the people of Iraq. records available for Congressional investiga- lations and facilities subcommittee and the en- The 509th Bomb Wing started Night One of tions and then for the public after a 12-year vironment restoration panel, Pete assisted in Operation Iraqi Freedom by launching six B– period. The Act authorized the National Ar- the drafting of the Superfund Reauthorization 2s and hitting 92 separate regime, command- chives and Records Administration (NARA) to Act of 1985, a consequential piece of environ- and-control, and other high-value targets in issue implementing regulations. President mental legislation of national significance. Pete downtown Baghdad. This unprecedented feat Reagan’s Order expanded on NARA’s imple- was assigned to the Military Readiness Sub- in aerial history was successfully completed by menting regulations. The Reagan Order clari- committee in 1990; and in 1996, he was cho- crews flying 38-hour round-trip sorties. fied some areas not specifically addressed in sen to serve as lead professional staff. While the regulations. Most importantly, the Order on the Military Readiness Subcommittee Pete A tremendous effort has gone into training identified only three areas where access to was responsible for one-third of the Depart- and equipping our great American airmen. Presidential records could be limited—if disclo- ment of Defense Budget. Pete’s previous mili- They have proven, once again, that the B–2 is sure might impair national security, law en- tary experience and unique insights helped the first to fight. In this case, they have been forcement, or the deliberative processes of the clarify the true state of military readiness for the only bomber thus far that has been put di- executive branch. the Armed Services Committee, the Congress, rectly in harm’s way over Baghdad. The B–2 President Bush’s Order changed these ac- and the American people. Through Pete’s ef- has demonstrated that it is an invaluable asset cess limitations. In a nutshell, law enforcement forts, the committee has been able to compel to coalition operations. was dropped and two areas were added: the Department of Defense to examine and We recognize and thank the members of ‘‘communications of the President or his advi- portray its level of readiness more honestly, the 509th Bomb Wing for their sacrifices, both sors (the presidential communications privi- and contribute the commitment of resources at home and overseas. I know that the mem- lege); [and] legal advice or legal work (the at- necessary to raise military readiness to a high- bers of the famed 509th are also proud and torney-client or attorney work product privi- er level of preparedness. greatly appreciative of the outstanding support leges).’’ This broadening could severely limit Also during this time, Pete lead the drafting they continue to receive from their friends and Congressional access to key documents in its efforts for the public sale of the Elk Hills Naval neighbors in Missouri. On this day and every investigations of a former Administration. Petroleum Reserve that brought over $3.8 bil- day, our thoughts and prayers are with all our Besides broadening the grounds for execu- lion to the U.S. Treasury. Pete was also re- military members and their families. tive privilege claims, the Order is inconsistent sponsible for a multi-year effort to reform the both with the Presidential Records Act itself operational structure of the Armed Forces Re- f and with NARA’s codified implementing regu- tirement Home to properly care for veteran lations. NARA’s rules were promulgated after military service men and women. TRIBUTE TO NED AMSTUTZ the public had notice and an opportunity to In addition to his subcommittee responsibil- comment, as required by the Administrative ities, Pete also arranged and accompanied Procedure Act. Members of Congress on 128 congressional HON. SCOTT McINNIS In November 2001, a week after issuance of delegations (CODELS). He has jokingly re- the Order, I raised concerns in a Sub- marked that four and one-half years of his OF COLORADO committee hearing on the Order. I questioned government service were spent traveling. IN THE HOUSE OF REPRESENTATIVES the Administration witness about the legal and Pete’s committee service spanned four substantive justification for the policy changes. presidents, eight secretaries of defense, five Thursday, March 27, 2003 After the hearing and further discussions with committee chairmen, and six staff directors. I White House officials, I had hoped that the speak for myself, past chairmen and ranking Mr. MCINNIS. Mr. Speaker, I would like to Administration would amend or revoke its minority members, and any and everyone who take this opportunity to pay tribute to Pastor Order. Unfortunately, it has not done so. As a has had the privilege of working with Pete, in Ned Amstutz of the First Baptist Church in Du- consequence, I believe that legislation is thanking him for his tireless work for our mili- rango, Colorado for his extraordinary dedica- needed to void the Order. My bill would do tary men and women, and his dedication to tion to the community. After 8 years of service, just that. the Armed Services Committee. Ned is retiring from the church, and today I The Order violates not only the spirit but Pete is married to the former Barbara Eileen would like to honor his accomplishments be- also the letter of the Presidential Records Act. Jones. They have two children, Nicholette and fore this body of Congress and this nation. It undercuts the public’s rights to be fully in- Timothy, and five grandchildren. After first working as a lawyer and a school- formed about how its government operated in Mr. Speaker, we wish Pete Steffes all the teacher, Ned found his calling in the ministry the past. My bill would restore the public’s best in his new position as vice president of and attended seminary in Dallas, Texas. After right to know and its confidence in our govern- Government Policy, National Defense Indus- years of dedicated service, Ned is known as ment. trial Association (NDIA). Members and com- a pastor with boundless energy whose out- f mittee staff will surely miss him, and we will reach efforts extend to all sectors of the com- always remember and be thankful for his dis- munity and support programs such as the Du- SALUTE TO MR. PETER MICHAEL tinguished service to the House of Represent- STEFFES rango Manna Soup Kitchen and a monthly atives and our Nation. lunch for local business people. Ned’s out- f reach also covers the globe, supporting world- HON. JOEL HEFLEY wide missionary programs including one in OF COLORADO TRIBUTE TO THE 509TH BOMB WING AT WHITEMAN AIR FORCE Belarus, where he once spent time as a guest IN THE HOUSE OF REPRESENTATIVES BASE teacher at a Bible college. Further dem- Thursday, March 27, 2003 onstrating his dedication to Durango, Ned Mr. HEFLEY. Mr. Speaker, I rise today to HON. IKE SKELTON serves as the chaplain for the Durango Police pay tribute to Mr. Peter M. Steffes, who re- Department, working with both victims and po- OF MISSOURI lice officers in crisis situations. cently retired from the House Committee on IN THE HOUSE OF REPRESENTATIVES Armed Services after 41 years of distinguished Mr. Speaker, the work of Ned Amstutz has public service. Pete’s entire career was dedi- Thursday, March 27, 2003 clearly had a profound effect not only in Du- cated to national security and the defense of Mr. SKELTON. Mr. Speaker, I want to rec- rango but throughout the world. Ned’s tireless our country. ognize the outstanding men and women of the determination is an inspiration to his con- Pete’s career began in 1961 in the Air Force 509th Bomb Wing at Whiteman Air Force gregation and to his community as a whole. as an Airman Basic, E–1; and after 21 years Base, Missouri, who are responsible for the His energy will be greatly missed at First Bap- of rapid advancement through the ranks, he most advanced flying machine in the hands of tist and I wish him the best in his future en- retired as an E–9, a Chief Master Sergeant. our armed forces, the B–2 Spirit Bomber. deavors. Thank you Ned for your service.

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A27MR8.016 E27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E599 EXPRESSING SUPPORT AND AP- sequently, having made this explanation, I am contact the Center annually. Many who call PRECIATION FOR THE PRESI- content to vote ‘‘present.’’ are parents who have just received the dev- DENT AND MEMBERS OF THE f astating news that their child has autism. ARMED FORCES PARTICIPATING Through Tony’s efforts, parents receive valu- IN OPERATION IRAQI FREEDOM FLOYD SPENCE POST OFFICE able information in a timely manner that short- BUILDING cuts their delay in seeking necessary services SPEECH OF for a son or daughter. SPEECH OF HON. MELVIN L. WATT An addition, on a regular basis, Tony do- OF NORTH CAROLINA HON. SOLOMON P. ORTIZ nates an evening for group work with autistic IN THE HOUSE OF REPRESENTATIVES OF TEXAS adults. He provides support for their job crises, Thursday, March 20, 2003 IN THE HOUSE OF REPRESENTATIVES he coaches them on searching for employ- ment and he provides a social outlet for peo- Wednesday, March 26, 2003 Mr. WATT. Mr. Speaker, some may think ple who are sometimes branded as different. that my vote of ‘‘present’’ on this Resolution is Mr. ORTIZ. Mr. Speaker, I loved Floyd He also serves on the Board of Trustees for a cowardly way out. In fact, a vote of Spence like a brother and he would be hon- COSAC where he provides advice on all ‘‘present’’ seems to me to be the only reason- ored by the fact the House is honoring him in issues pertaining to autism, particularly on the able and logical vote to cast for the following Lexington, South Carolina, by naming a post needs of the adults with whom he has recently reasons: I dare not vote ‘‘no’’ and express op- office to commemorate his life and service to worked. position to the two parts of the Resolution I so the United States. He was a dear friend, a col- What makes this effort particularly remark- strongly support. Those two parts of the Reso- league, and a stalwart for our nation’s armed able is that Tony Meyer is himself autistic. He lution put Congress on record to express the services and the country. did fairly well in school, but never made ‘‘unequivocal support and appreciation of the In addition to his zeal and dedication on be- friends. He held several jobs, but most were Nation to the members of the United States half of his constituents in South Carolina, I ad- minimum wage positions that did not take ad- Armed Forces serving in Operation Iraqi Free- mired his outlook on life. Floyd was deter- vantage of his intellect or potential. It was not dom, who are carrying out their missions with mined to squeeze every drop of life he could until Tony decided to turn his efforts toward excellence, patriotism, and bravery; and to the from his time on this earth . . . and he suc- volunteer work at COSAC that he discovered families of the United States military personnel ceeded. a place that appreciated his skill, needed his serving in Operation Iraqi Freedom, who are He was supremely dedicated to his duty to work and valued his perspective. As a result providing support and prayers for their loved South Carolina, to our armed services, and to of their appreciation and respect, they nomi- ones currently engaged in military operations the United States of America. I know this be- nated Anthony Myers for the prestigious NFL in Iraq.’’ If the Resolution limited itself to these cause I traveled with Floyd to places on every award. two parts, the Resolution would no doubt part of the planet to inspect our military bases. I ask that all the Members join me in con- enjoy the unanimous support of the Congress. Wherever we went, he and I were the ones gratulating Tony as one of the ten recipients of On the other hand, I cannot in good con- who insisted we talk to the enlisted men, not the NY Giants Community Quarterback Award science vote ‘‘yes’’ for the part of the Resolu- just the generals. Floyd served in the military; for making a significant volunteer contribution tion that ‘‘expresses the unequivocal support he and I were among the few Members of this to a non-profit organization. and appreciation of the Nation to the President House who served in uniform. as Commander-in-Chief for his firm leadership Floyd was a great hero, and a great friend f and decisive action in the conduct of military to thousands of people here on Capitol Hill, in INTRODUCING THE AMATEUR operations in Iraq as part of the ongoing Glob- the Pentagon, throughout the services, and in RADIO EMERGENCY COMMUNICA- al War on Terrorism.’’ I have previously stated his beloved South Carolina. I still miss that TIONS CONSISTENCY ACT that I do not support the President’s decision giant of a man with the funny laugh he was to pursue this war without having exhausted quick to share. every possible alternative short of war. I have The camaraderie often noted as now miss- HON. STEVE ISRAEL also expressed my firm belief that pursuing ing in the House of Representatives has led OF NEW YORK war to enforce a United Nations Resolution our critics, and ourselves, to say that we lack IN THE HOUSE OF REPRESENTATIVES without having even majority support of the either bi-partisanship or simple human trust. Thursday, March 27, 2003 members of the United Nations and the UN But because of my friendships with so many Security Council will undoubtedly feed the per- of my Republican colleagues, most notably my Mr. ISRAEL. Mr. Speaker, I rise today to in- ception of U.S. arrogance around the world friend Floyd Spence, I know the trust we en- troduce an important piece of legislation that and increase the prospect of terrorism domes- gender here is real and it works on behalf of will assist not only amateur radio operators, tically and internationally. While our military the American people. but society as a whole. superiority will no doubt assure our military I thank the committee for honoring my Organized amateur radio operators, or victory in the war against Iraq, we have no ef- friend, our colleague in this momentous way. ‘‘hams,’’ regularly provide emergency commu- fective way to defend ourselves and innocent Floyd would be so proud. I am proud for him nication when regular communications chan- people against individual acts of terror. For me and his family. nels are disrupted by disaster. Hams have for- to express ‘‘unequivocal support’’ for the f mal agreements with federal agencies such as President to follow a course of action I believe FEMA and private relief organizations like the is misguided would be both contrary to my THANK YOU MR. ANTHONY MEYER Red Cross. Hams are federally licensed volun- own beliefs and contrary to the overwhelming teers and provide a variety of important com- sentiments I have heard and continue to hear HON. RUSH D. HOLT munications services that protect lives while from my constituents on a daily basis. OF NEW JERSEY using their own equipment without compensa- I applaud the efforts of those who sought to IN THE HOUSE OF REPRESENTATIVES tion. craft a Resolution supporting our troops and With the growth of developed communities, their families. I am in full support of their ef- Thursday, March 27, 2003 amateur radio operators have begun to fall forts and those parts of this Resolution. While Mr. HOLT. Mr. Speaker, I rise today to under an array of inconsistent regulations, 1 do not agree with them, I also respect the thank Mr. Anthony Meyer for his volunteer making it increasingly difficult for them to oper- opinions of those who believe, in good faith, service to the Center of Outreach and Serv- ate. Burdensome regulations are imposed on that the President’s actions deserve ‘‘un- ices for the Autism Community and congratu- amateur radio operators making it difficult, and equivocal support.’’ I resoundingly reject the late him for his receipt of the NFL Community in some cases impossible, for them to erect efforts of those who would use this resolution Quarterback Award. antenna vital to their communications capabili- as a means of dividing Congress at this criti- Twice a week for the past five years Mr. ties. We should remember that many of these cally important time, especially those who Meyers has volunteered at the office of the antennas are stealth in nature. Hams can would do so for political reasons or to make Center of Outreach and Services for the Au- place antennas behind drainpipes or attach themselves appear more patriotic than those tism Community, COSAC, in Central New Jer- flexible antennas along the gutters of their who intend to vote ‘‘no.’’ I do not feel obliged sey. His primary responsibility has been to own home. In some cases, when the home- to be put to such a choice on a Resolution create, then send autism information packets owners associations have found these anten- that has no substantive or binding effect. Con- to the approximately 6,000 individuals who nas, the Hams were forced to take it down.

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.019 E27PT1 E600 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 Amateur Radio operators, who work with ago, Americans never forget where they come eventually purchased in 1937. Mike and Emily local disaster communication groups, are find- from. ran the Antlers Cafe´ and Bar in Yampa, Colo- ing it more difficult to erect antennas. Some- Today, getting the money earned in the rado for nearly sixty years and saw the Yampa times homeowner associations arbitrarily for- United States to one’s family is easier than community through the momentous changes bid installation of any kind of antenna. It is es- ever. Large money-transfer companies can of the twentieth century, always providing a pecially important to keep in mind that most send money almost anywhere in the world in comfortable meeting place for the miners and homeowners associations are not elected, and an instant. More and more banks and other fi- ranchers of the area. The Antlers changed most Hams have no recourse or appeal proc- nancial institutions are also providing these with the times, too, becoming a pool hall dur- ess to pursue. services. ing prohibition, and later adding food to the This is particularly troubling given the role But one group of institutions, often heavily menu. that Hams have played in communications involved in local and immigrant community The Antlers was always a place to visit, and during emergency and catastrophic situations projects, is limited in their activity. To use a any customer knew they would receive a in the past. Not allowing Hams the equipment local credit union for check cashing and wire friendly welcome from Mike and Emily. De- they need could restrict communication to the transfer services, you must be a member. spite many hardships after World War II in the local community in similar situations in the fu- Many in the immigrant community do not re- 1950s and 1960s, Mike and Emily stayed ture. alize the benefits of credit union membership open for business. In 1996, Mike and Emily To remedy this situation, we have intro- and see this is a barrier. They would rather closed the bar, and it was sold shortly there- duced legislation, the Amateur Radio Emer- pay higher prices for the service than go after. However, customers and community gency Communications Consistency Act, through the paperwork involved in joining— members alike recall Mike and Emily as wel- which seeks to ensure the continued viability even though they are fully eligible to be a coming and warm-hearted people, who were always stern in their ways. of amateur radio through consistent applica- member of a specific credit union. It is, in ef- Mr. Speaker, it is with great sadness that fect, a barrier for them to take advantage of tion of federal regulations. we mourn the loss of Mike and Emily The Amateur Radio Emergency Commu- another member of the marketplace. Benedick. Their genuine concern and care to- This bill, which I am pleased to introduce nications Consistency Act is based upon a wards others have truly made a difference in 1985 Federal Communications Commission with my colleagues Mr. GONZALEZ, Dr. PAUL, the lives of their family, friends, and commu- (FCC) regulation that required state and local Mr. KANJORSKI, Mr. GUTIERREZ, Mr. nity, and they will be greatly missed. authorities to ‘‘reasonably accommodate’’ LATOURRETTE and Mr. SHERMAN, would simply amateur radio antennas. This ruling failed, allow credit unions to provide these services f however, to address situations affecting pri- to people who would be eligible to join that ORVILLE L. FREEMAN vate land developments. credit union, but for whatever reason choose The Amateur Radio Emergency Commu- not to do so. HON. BETTY McCOLLUM nications Consistency Act will include home- The marketplace thrives on competition. In a OF MINNESOTA owner associations and other land use regu- recent study by the Greenlining Institute, an IN THE HOUSE OF REPRESENTATIVES lators in the regulation. This bill would grant organization dedicated to expanding access to Thursday, March 27, 2003 the FCC the authority to consistently apply the financial services for disadvantaged commu- 1985 ruling to all homeowners, regardless of nities, the credit union had one of the lowest Ms. MCCOLLUM. Mr. Speaker, the state of whether they are petitioning state or local au- fees and best exchange rates for those seek- Minnesota lost a friend in February. thorities, or public land-use regulators or ing to send money overseas. Everyone should Born in 1918, Orville L. Freeman grew up in homeowners’ associations. This simply means have the opportunity to take advantage of this south Minneapolis, where his father owned a that these organization will be required to work service. men’s clothing shop. Graduating from Central High School at the height of the Depression, with homeowners to achieve a ‘‘reasonable There are still many issues that need to be he attended the University of Minnesota be- accommodation’’ when homeowners seek to addressed on the issue of sending support cause, as he stated, it ‘‘was convenient and install an antenna on their own property. back to one’s family. In my own district, not affordable.’’ The FCC recognizes the invaluable service only do Latin American immigrants continue to For 25 cents an hour, Freeman scrubbed amateur radio operators provide to our nation. support those overseas, but also many from walls at the University Hospital to help pay for Congress also recognizes the contribution that Asia, India and even the Ukraine. We need to his college tuition. As a summer job, he wa- Hams make. These good faith negotiations will make sure that they have access to good tered grass at Memorial Stadium and har- help ensure that amateur radio operators’ services and are not taken advantage of by a vested grain with crews in Minnesota and technical needs and the public service they few less-scrupulous businesses. North Dakota. provide are met while preserving the general An open market, with true competition will And somewhere in between, he made time welfare of the community. help us improve the costs and other burdens to play quarterback for the University of Min- f associated with this industry. nesota Gophers football team. f INTRODUCING LEGISLATION TO He received his diploma from the University of Minnesota magna cum laude and Phi Beta GIVE GREATER CHOICE TO TRIBUTE TO MIKE AND EMILY Kappa in 1940 and began law school in 1941. THOSE WORKING TO HELP THEIR BENEDICK But, Freeman’s law school career was cut FAMILIES short with the bombing at Pearl Harbor that HON. SCOTT McINNIS same year. HON. DOUG OSE OF COLORADO The day after the attack, Freeman volun- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES teered for the Marines. During World War II, IN THE HOUSE OF REPRESENTATIVES Thursday, March 27, 2003 as a Second Lieutenant, Orville L. Freeman Thursday, March 27, 2003 led his combat patrol behind enemy lines on Mr. MCINNIS. Mr. Speaker, I would like to the island of Bougainville in the South Pacific Mr. OSE. Mr. Speaker, I am pleased to in- take this opportunity to pay tribute to Mike and in 1943. He was hit in the jaw by a bullet but troduce bipartisan legislation addressing the Emily Benedick of Yampa, Colorado for the managed to successfully lead his men to safe- issue of remittances. This is a simple bill generosity and dedication to their community ty. Second Lieutenant Freeman spent 8 aimed at an increasingly complex issue: how that they exhibited throughout their lives. Mike months in a military hospital, overcame partial recent immigrants and New Americans send and Emily sadly passed away within a week of paralysis, learned to speak again and was support to their families ‘‘back home.’’ each other recently and I join their friends and eventually awarded a Purple Heart before he People come from around the world to the family in mourning this tremendous loss. It is was discharged as a Major. United States, seeking not just to live the truly an honor to recognize their lives before Upon returning to Minnesota, Orville com- American Dream, but also to help support this body of Congress and this nation. pleted law school at the University of Min- their families in their native lands. New Ameri- Mike and Emily were married on June 30, nesota, married his college sweetheart Jane cans have a history of supporting those with- 1928 while Mike was a coal miner in Oak Shields and had two children, Constance and out the same opportunities, whether it is the Creek. An avid card player, he spent a great Michael. Mexican farm worker helping his family today deal of time at his brother-in-law’s saloon, The Mr. Freeman’s interest and involvement in or the Irish settler who helped keep his family Antlers. Five years later, Mike and Emily were politics began as a college student at the Uni- during the potato famine more than 100 years both working at The Antlers, which the couple versity of Minnesota where he befriended

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.022 E27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E601 soon to be United States Senator, Hubert H. fants and Children (WIC) program. Addition- May God protect our troops and continue to Humphrey. They worked tirelessly to ensure ally, he was a major proponent of food safety. watch over the United States of America. the re-election of President Franklin D. Roo- Secretary Freeman remembered those f sevelt and committed themselves to the reor- whose most basic needs were not being met ganization of Minnesota’s Democratic party. by establishing a goal of eliminating hunger. CONCERNING TREATMENT OF 1944 marked the year that brought the Tying American farmers with the world market, MEMBERS OF ARMED FORCES Farmer-Labor and Democratic parties together he expanded the Foreign Agriculture Service HELD AS PRISONER OF WAR BY to form the Democratic-Farmer-Labor (DFL) and visited other countries to encourage op- IRAQI AUTHORITIES party in Minnesota. Together, Humphrey and portunities for further U.S. trade abroad. Glob- SPEECH OF Freeman built the DFL party—uniting farmers, ally, he organized a massive program to ship unions, academicians, small-business owners, U.S. grain to India that was instituted early HON. J. RANDY FORBES veterans and female activists through their enough to avert an impending famine. OF VIRGINIA common interests and goals for a better Min- Vice President Walter Mondale, his friend IN THE HOUSE OF REPRESENTATIVES nesota. and mentor, may have put it best by saying With his political involvement and role as this of Orville Freeman: Wednesday, March 26, 2003 party secretary—Orville Freeman shaped the He was one of the great public men in mod- Mr. FORBES. Mr. Speaker, I rise today in DFL and gave the party a face. His position ern Minnesota history and American history. support of H. Con. Res. 118 concerning the gave him the opportunity to schedule events, He fits Tom Brokaw’s definition of America’s treatment of members of the Armed Forces control the party message and make connec- greatest generation—enlisting in the Ma- held as prisoners of war by Iraqi authorities. tions in the community. He eventually made rines, becoming an officer, being seriously Mr. Speaker, I stand before you today with wounded and almost dying, fighting back, two bids for statewide office, first in 1950 for becoming a lawyer, leading the new genera- a heavy heart. For the past two days, we’ve Attorney General—and then in 1952 for Gov- tion in the DFL that was so successful and watched emotionally stirring television footage ernor. Although Freeman lost these two state- regaining the governorship.’’ of POW’s who are being detained by Iraqi wide races, at the suggestion of his good Orville L. Freeman, Minnesota’s 29th Gov- forces. These soldiers were on missions to de- friend Humphrey, Freeman ran for governor ernor, died at the age of 84 on Thursday Feb- fend and protect Americans from the evils of again in 1954. Humphrey was running for re- ruary 20, 2003 in Minneapolis, MN. weapons of mass destruction when they were election to the Senate that year—and wanted Minnesotans will miss the leadership and captured. I am saddened when I see these someone he knew he could work with in the the dedication of Orville Freeman—his family soldiers being detained, but I am confident governor’s office. will miss the wonderful, loving family man. that their extensive training has given them Freeman’s 1954 campaign for governor From the military to elected office to an ap- the strength and courage of conviction to pre- brought a new dynamic to political races in pointed office, Orville Freeman dedicated his vail even at the hands of an evil regime. Minnesota. As the leader of the DFL, Freeman life to public service. He was a dynamic lead- While we do not know when our POW’s will organized a statewide television campaign, er, an organizer and pioneer for his party. He return home, I do know that we as Members and implemented a sample ballot that proved was always a champion for the state of Min- of Congress expect the Iraqi regime to treat all a very successful tool for the DFL that year, nesota and the United States and a champion POW’s humanely and in accordance with the and years to follow. The sweeping DFL victory for those that could not fight for themselves. It requirements set forth in the Geneva Conven- included electing Minnesota’s first woman is from his example that we should learn and tion. Those who violate this doctrine, and use member of Congress, Coya Knutson, and win- follow. force or other methods of inhumane treatment ning all but one statewide DFL race. Freeman The Honorable Orville L. Freeman is sur- will be held accountable for their actions, and became the first DFL governor in Minnesota vived by his loving wife of 61 years, Jane, will be subject to prosecution to the fullest ex- history, and was re-elected for two consecu- their two children Constance and Michael, and tent of the law. Brave soldiers, who give so tive terms in 1956 and 1958. three grandchildren Katie, Beth and Matthew. much for our country, deserve no less. In his three terms as governor—Freeman’s My deepest and heartfelt sympathy goes out f commitment to education for all students was to the families of all of the POW’s. We can truly inspirational to me. He understood the THE SPIRIT OF AMERICAN only begin to imagine the pain and concern strong desire for a quality education for all VOLUNTEERISM that the families of POW’s must feel knowing Minnesotans. He instituted the state-aid sys- that they are in the hands of the enemy half- tem for K–12 education that guaranteed a HON. MICHAEL BILIRAKIS way around the world. basic minimum education for all students, re- OF FLORIDA It is our hope and prayer that American and gardless of their school districts’ wealth. In ad- IN THE HOUSE OF REPRESENTATIVES coalition forces will be protected throughout dition, he was a strong supporter of making this struggle as well as the Iraqi people. Thursday, March 27, 2003 college more accessible and affordable to stu- These POW’s and their families are making dents. Mr. BILIRAKIS. Mr. Speaker, I rise today to a tremendous sacrifice for our country—our In 1960, Governor Freeman delivered the commend America’s spirit of volunteerism and country that soldiers are so proud to serve. nomination speech in support of John F. Ken- to highlight an organization that is helping the Our country—where families await the safe nedy as the Democratic Party candidate for families of active-duty military personnel in my and speedy return of loved ones. President of the United States and actively congressional district. Millions of Americans My thoughts and prayers go out to all of our campaigned for Kennedy throughout Min- perform acts of kindness and compassion servicemen and women and to their families, nesota. Lutherans in Minnesota were appre- every day by helping their neighbors or by who wish them a speedy and safe return. hensive about electing the first Catholic Presi- working through the many volunteer organiza- f dent for fear the Vatican might influence him. tions that make our country great. This inspired Freeman to participate in a state- One such organization, Operation Brave ON THE DEATH OF SENATOR wide television broadcast stating that religious Kids, is a Tampa Bay area charitable organi- DANIEL PATRICK MOYNIHAN prejudice had no place in Minnesota politics. zation that provides financial assistance to the While Freeman’s dedication to Kennedy paid families of active-duty military personnel. The HON. TOM DAVIS off—Kennedy won Minnesota by a 20,000 group provides resources that can make the OF VIRGINIA vote margin—Freeman unfortunately lost his difference between obtaining the necessities IN THE HOUSE OF REPRESENTATIVES re-election bid for governor by 20,000 votes. of daily life or going without. John Ghee, the The new President did not forget the strong founder of Operation Brave Kids, summarized Thursday, March 27, 2003 support Governor Freeman had given him in the group’s mission by stating that ‘‘we want Mr. TOM DAVIS of Virginia. Mr. Speaker, Minnesota. Kennedy rewarded these efforts by the family and the soldier to know that the today we mourn the passing of a great Amer- nominating Freeman as Secretary of Agri- community is behind them.’’ ican. culture, and Freeman continued his public Mr. Speaker, these troubled times require For decades, Senator Daniel Patrick Moy- service in Washington, DC. each of us to contribute in our own way to the nihan was a central figure in the nation’s polit- As Secretary of Agriculture, he initiated a cause of freedom and the care of our country- ical and intellectual life. He was a committed, revolution in U.S. programs by launching the men. I am proud to say that the spirit of caring determined, and diligent leader who rep- Food Stamp program, proposing the School and volunteerism is flourishing today in the resented the citizens of New York in the U.S. Breakfast program, as well as the Women, In- land of liberty. Senate for four terms. We came to know him

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.024 E27PT1 E602 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 as a uniquely independent thinker and great and friends as they mourn the loss of such an in Strategic Studies—from Maxwell A.F.B. friend to both political parties. exemplary public servant. Married to Deborah, the McLaurins have two Those of us from the Washington, D.C. met- f children: Justin, 15 and Maya, 8. I have en- ropolitan area will always note the critical role joyed working with Mac the past few years Senator Moynihan played in revitalizing Penn- TRIBUTE TO COL. SANFORD ‘‘MAC’’ and wish him all the best in his future endeav- sylvania Avenue, the grand route between the McLAURIN ors. May God bless Col. McLaurin and his Capitol and the White House that was in dis- family. repair when he first arrived here during the HON. ROBIN HAYES f Kennedy Administration. He recognized the OF NORTH CAROLINA benefits in revitalizing the avenue and in- IN THE HOUSE OF REPRESENTATIVES SECURING BLESSINGS OF PROVI- DENCE FOR PEOPLE OF THE vested his skills to make this vision come Thursday, March 27, 2003 alive. The Pennsylvania Avenue effort was UNITED STATES AND OUR one of the most successful redevelopment Mr. HAYES. Mr. Speaker, I would like to ARMED FORCES projects in the nation. Throughout his Senate take this opportunity to commend Col. Sanford SPEECH OF career he was an authoritative collaborator in ‘‘Mac’’ McLaurin for his valuable service to our shaping this historic project. nation. On Friday, April 18, 2003, a retirement HON. JIM McDERMOTT ceremony in honor of Colonel McLaurin, Staff The revitalization of Pennsylvania Avenue OF WASHINGTON Director, Corporate Communications, Defense attracted projects to the city that might not IN THE HOUSE OF REPRESENTATIVES have come otherwise. Subsequently, this Logistics Agency, Fort Belvoir, Virginia, will be Wednesday, March 26, 2003 project was used as a model for other redevel- held in recognition of 21 years, 10 months, opment projects in the city, such as the MCI and 19 days of distinguished service in the Mr. MCDERMOTT. Mr. Speaker, House Center and the Washington Convention Cen- United States Air Force. Resolution 153 will undoubtedly pass this ter. Not only has the District benefited, but so Colonel McLaurin began his military career morning. Many members, having read the has the entire country. Thousands of visitors in 1977 as the Deputy Information Officer at summary, are probably uneasy because the can come each year to visit the Nation’s Cap- Seymour Johnson AFB, North Carolina. From resolution asks Americans to pray on behalf of ital and be proud to stand on ‘‘America’s Main there, he went on to be the Radio and Tele- the American Armed Forces and people—not Street’’ as it was intended to be. Daniel Pat- vision Station Manager at Galena, Alaska. He for the British soldiers dying in the desert, nor rick Moynihan’s fingerprints will forever be on held several positions as Chief, Public Affairs for the Iraqi mothers searching for their chil- Pennsylvania Avenue. and Chief, Plans before becoming the Deputy, dren in the flames, nor for the countless oth- Mr. Speaker, today I want to express my Media Relations (SAF/PAM) and Chief of ers who need the blessings of Providence. I gratitude for Senator Moynihan’s pioneering Press Desk in 1995. His last position before know I feel uneasy about the narrowness of work and salute him as a scholar, leader, and coming to DLA was Chief, Air Force News & the resolution. gentleman. He will be sorely missed. Information (SAF/PAI), liaison for Air Force However, I want to urge my colleagues to News Service, San Antonio, TX, where he su- f read and take seriously the entire resolution. I pervised 168 employees. especially urge them to read the section which TRIBUTE TO LUTHER ELDRIDGE Serving an illustrious and most impressive says: ‘‘IKEY’’ MILLER military career, Colonel McLaurin accom- ‘‘Whereas through prayer, fasting, and self- plished a great variety of tasks, to include reflection, we may better recognize our own HON. FRANK R. WOLF working the evacuation of non-essential Amer- faults and shortcomings and submit to the wis- OF VIRGINIA icans in Sierra Leone, Africa, with Special Op- dom and love of God in order that we may IN THE HOUSE OF REPRESENTATIVES eration Forces in 1991; working the hostage have guidance and strength in those daily ac- release out of Lebanon in 1992 (including tions and decisions we must take;’’ Thursday, March 27, 2003 Terry Anderson); flying with the Presidential I urge my colleagues to take seriously the Mr. WOLF. Mr. Speaker, I would like to call mission to Rwanda, Africa, for first water puri- admonishment to remember that we, as indi- to the attention of the House the passing of fication system in 1993; serving 3 months in viduals and as a nation, have faults and short- Luther Eldridge ‘‘Ikey’’ Miller. I had the pleas- Riyadh, Saudi Arabia, as Chief of PA—Joint comings. We are not, as individuals or as a ure of working with Mr. Miller during his serv- Task Force/Southwest Asia; launching the Air nation, lords of this earth. We must do our ice as the clerk of the Page County Circuit Force’s first electronic official newspaper, U.S. best with imperfect knowledge and imperfect Court and chairman of the Page County Re- Air Force Online News—March 1999; and was wisdom, never assuming we act on God’s be- publican Party when Page County was a part instrumental in developing U.S. Air Force half. of Virginia’s 10th District between 1992 and Image Express—receiving video and imagery Mr. Speaker, I ask my colleagues to recall 2002. and supplying it to national media in real time. I Corinthians, 13:11–12: Mr. Miller, age 71, died at his Rileyville After completing Student Air War College in ‘‘For now we see through a glass darkly, but home March 17 after suffering a heart attack. 2000, Col. Mack joined DLA. The DLA 21 re- then face to face; now I know in part, but then Funeral services were held Wednesday, organization of the Agency brought together I shall know even as I am known.’’ March 19, at Bradley Funeral Home, and he Public Affairs, Congressional Affairs, Visual f was interred in Luray. Presentations, Visual Communications, Free- Many grieve the loss of this man who was dom of Information/Privacy Act, Corporate INTRODUCING THE HOMELAND IN- known as fair, straight-talking, dedicated and Promotions, and History—all under Corporate FRASTRUCTURE POWER SECU- driven by integrity. According to a longtime Communications and under the capable direc- RITY AND ASSURANCE INCEN- friend, ‘‘Ikey was looked at by other [party] tion of Colonel McLaurin. TIVES ACT OF 2003 chairmen in the area as a person with a lot of As Staff Director, Corporate Communica- experience, who they could go to for advice.’’ tions, Colonel McLaurin has numerous impres- HON. LEE TERRY ‘‘He was always that wise man that had ad- sive accomplishments under his belt. He es- OF NEBRASKA vice. He’d already been through whatever was tablished the agency’s first electronic official IN THE HOUSE OF REPRESENTATIVES coming up,’’ according to Brian Plum, the cur- newspaper, DLA Today and Tomorrow. He rent Page County Republican chairman. also developed the Communications Plan and Thursday, March 27, 2003 In addition to his court and political careers, traveled to DLA activities around the globe to Mr. TERRY. Mr. Speaker, today I am intro- Ikey Miller was a dedicated father and hus- deliver a well-received Communications Road ducing, along with Mr. DOYLE of Pennsylvania, band, a military veteran, a solid baseball play- Show. He tackled the toughest media and the ‘‘Homeland Infrastructure Power Security er in his youth, a talented musician, an active congressional affairs issues and developed a and Assurance Act of 2003.’’ This legislation civic leader, a member of the Masonic Lodge, ‘‘Hill Strategy’’ plan to aggressively pursue a will encourage the deployment and increased and a successful farmer. He also loved to hunt better working relationship with congress. use of advanced technologies for the produc- for coon and squirrel. In addition to a distinguished list of military tion of secure, reliable, efficient, and clean It was an honor to have known and worked courses completed, Colonel McLaurin has a electric power needed to reduce our depend- with Ikey Miller, who not only lived according Bachelor of Arts in Drama and a Master’s in ence on foreign oil and to protect our energy to his beliefs, but he was driven by them to Psychology and Counseling from North Caro- infrastructure from terrorist threats. In a radio excel. My condolences go out to his family lina Central University, as well as a Master’s address to the nation President Bush stated:

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A27MR8.028 E27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E603 As our economy continues to grow, U.S. oil The bill establishes two qualifying require- would improve access to pre-entrepreneurship consumption is projected to increase by ments for eligibility. First it must qualify as a training and skills building for veterans and about one-third during the next 20 years. Our ‘‘qualifying advanced technology facility.’’ Fa- certain others, as well. Disabled veterans, de- demand for electricity is expected to rise by 45 percent. America is already using more cilities meeting this requirement are eligible for pendent spouses and children of certain dis- energy than our domestic resources can pro- payments based on 1.8 cents per kilowatt- abled or deceased veterans, and members of vide, and unless we act to increase our en- hour generated during a fiscal year. If an the Guard and Reserve, also would be eligi- ergy independence, our reliance on foreign owner or operator provides power that quali- ble. sources of energy will only increase. (Feb- fies as a ‘‘qualifying security and assurance Second, the bill would clarify that disabled ruary 23, 2002 Radio Address to Nation) power facility’’ a bonus of 0.7 cents per kilo- veterans enrolled in school under a VA voca- Reducing dependence on foreign oil is a watt-hour may be earned. The maximum num- tional rehabilitation program may establish significant aspect of America’s homeland se- ber of kilowatt-hours a single owner or oper- self-employment in a small business enter- curity strategy, and this will require better utili- ator may accrue for each year is 10 million kil- prise as a vocational goal. The bill recognizes zation of our nation’s domestic natural re- owatt-hours. There is authorized $250 million that self-employment is a legitimate rehabilita- source fuels. Another critical goal is to mini- for the first four years of the program and sep- tion goal. It intends to discontinue any current mize risk of terrorist attacks on the nation’s arate appropriations will be required. VA practices that could require a disabled vet- critical power supplies, especially at military in- Mr. Speaker, this legislation is timely. Amer- eran to establish that he or she is unable to stallations and major financial centers. In my ica is engaged in a war with Iraq that may dis- be employed in another job before being per- own congressional district, First National Bank rupt our access to world oil supplies. Weather mitted to benefit from the essential entrepre- has installed fuel cells in its new building in in the United States this winter has been un- neurship services VA’s vocational rehabilita- downtown Omaha that can each produce 200 usually cold—raising home heating fuel prices tion program currently furnishes. These serv- kilowatts of electricity using natural gas. The to millions of consumers. Recently, President ices include necessary equipment, supplies, electricity produced by these fuel cells powers Bush elevated the threat of terrorist acts to and other needs associated with starting a the bank’s data center in a secure and reliable Level Orange—the secondhighest level. Our small business. We note VA still could estab- manner. The ultra-clean power plant located national critical infrastructure, including power lish certain controls, so that aspiring disabled securely inside the First National’s Data Tech- plants, electric transmission lines, and the na- veterans would have the best chance of suc- nology Center assures that the facility has less tion’s information technology system, are all ceeding as small business owners. This sec- than one second of power downtime a year. At another popular attraction in Omaha, the potential targets. Secure, protected, reliable tion of the bill is especially important for dis- Henry Doorly Zoo, a fuel cell has been in- power must be a priority of any homeland se- abled veterans who desire to start and grow stalled at the Lied Jungle that is a 200 kW unit curity measures undertaken by the new De- home-based small businesses. that serves 50 percent of its power needs. It partment of Homeland Security. Third, our bill would give federal agency operates at a 75 percent capacity factor and Finally, Mr. Speaker, as a member of the contracting officers the discretionary authority generates more than 1.3 million kilowatt-hours Energy and Commerce Committee, I look for- to create sole source contracts for disabled annually. ward to participating in the Committee’s early veteran-owned businesses up to $5 million for This use of distributed stationary power gen- consideration of this year’s version of the ‘‘Se- manufacturing awards and $3 million for non- eration is a prime example of what we can do curing America’s Future Energy Act.’’ I also manufacturing awards. It also would furnish to protect our critical infrastructure facilities urge my colleagues to consider including pro- contracting officers discretionary authority to like military installations, financial entities, utili- visions that will encourage increased use of restrict certain contracts to disabled veteran- ties, first responder facilities like firehouses advanced technologies like fuel cells and other owned small businesses if at least two such and police stations, and information tech- low emission, high efficiency energy tech- concerns are qualified to bid on the contract. nology systems from potential terrorist threats. nologies. These innovative advanced tech- This section of the bill is designed simply to Dispersed networks of decentralized, distrib- nologies must be a part of both our national create a ‘‘level playing field’’ for those individ- uted generation power modules are less vul- energy and homeland security plans. uals who have been wounded or injured in de- nerable to attack, and there is a wide range of f fending our freedoms. advanced distributed technology options that Mr. Speaker, the smaller business sector is can be deployed by U.S. electricity generators H.R. 1460—VETERANS our economy’s job generator. Our former in order to fortify America’s energy infrastruc- ENTREPRENEURSHIP ACT OF 2003 servicemembers indeed are engaging and re- ture. sourceful individuals. Our bill simply gives Improving the reliability of our electric power HON. RICK RENZI them additional tools to realize the dream of infrastructure will also help our economy grow. OF ARIZONA entrepreneurship. It is estimated that power outages, brownouts, IN THE HOUSE OF REPRESENTATIVES f and other voltage disturbances cost U.S. in- Thursday, March 27, 2003 dustry up to $150 billion per year. On the EXPRESSING SUPPORT AND AP- other hand, it is estimated that energy efficient Mr. RENZI. Mr. Speaker, today I am intro- PRECIATION FOR THE PRESI- and renewable energy markets account for a ducing H.R. 1460, the Veterans Entrepreneur- DENT AND MEMBERS OF THE $500 billion annual global market to U.S. com- ship Act of 2003, a bill to help veterans create, ARMED FORCES PARTICIPATING panies and could lead to a net increase of 1.3 manage, and grow their own small busi- IN OPERATION IRAQI FREEDOM million jobs over the next 20 years. We need nesses. I am joined by Mr. SMITH of New Jer- SPEECH OF to use new, advanced turbines, fuel cells, and sey, Mr. EVANS, Mr. BROWN of South Carolina, storage technologies to reduce these costly Mr. MANZULLO, Mr. BEAUPREZ, and Mr. HON. JESSE L. JACKSON, JR. outages. We also need to export these tech- MICHAUD as original cosponsors. We believe OF ILLINOIS nologies. This will improve both our energy se- Congress should accord veterans a full oppor- IN THE HOUSE OF REPRESENTATIVES tunity to participate in the economic system curity and our economic security. Thursday, March 20, 2003 My legislation is directed at promoting and that their military service has helped sustain. encouraging faster deployment of advanced Veterans indeed represent a unique national Mr. JACKSON of Illinois. Mr. Speaker, I technologies, primarily to protect the home- resource and we need to harness their engag- want to make it clear that our young men and land, but with the added environmental bene- ing abilities in our economy. women, who are putting their lives on the line fits that come from clean and efficient power First, this measure would allow veterans to in Iraq, have my unequivocal support. I will do equipment. The legislation empowers the Sec- use VA education benefits to enroll in a non- everything in my power as a member of Con- retary of Energy to administer an Advanced degree, non-credit business course offered by gress to see to it that they have everything Technology Incentives Program. In order to re- a Small Business Development Center they need to win this war and return home ceive incentive payments eligible owners and (SBDC) and the National Veterans Small Busi- safe and sound to their families. We can only operators must submit an application to the ness Development Corporation. The Small hope and pray that this war will end quickly, Secretary that documents the use of qualifying Business Administration helps fund 1,000 and a minimum number of American, British, technologies that reduce system costs, and SBDCs in the United States; Puerto Rico, U.S. and Iraqi civilian and military lives are lost, de- improve performance and reliability of ad- Virgin Islands, Guam, and American Samoa. stroyed or maimed for the rest of their lives. vanced distributed power generation and en- SBDCs are operated in partnership with col- While the troops have 100 percent of my ergy storage systems. This is a voluntary, not leges and universities or governmental enti- support, when appropriate, I will continue to a mandatory program. ties. We have drafted this section so that it articulate the grave concerns I have about the

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.032 E27PT1 E604 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 policies that sent them there. That is why I the threat to U.S. interests at home and Iranian regime’s nuclear program and the two cannot ‘‘express . . . unequivocal support and abroad. new nuclear sites that Iran was using to appreciation ... to the President ... for his firm So today, even as I give our young men threaten world peace and security. The infor- leadership and decisive action in the conduct and women in Iraq my unconditional support, mation was made available by the committee of military operations in Iraq as part of the on- I also renew my dedication to strengthening that Ebrahim Zakeri chaired. going Global War on Terrorism.’’ There is no the United Nations, collective security, and the Ebrahim Zakeri was an assistant professor convincing evidence that Iraq was involved or rule of international law. They help guarantee in the Department of Communications at connected to Osama bin Laden, AI Qaeda or peace and security in the world and, when Tehran University. He was imprisoned by the the events of September 11, 2001—despite fully utilized, make it less likely that American Shah from 1972 to 1975. About one year after President Bush’s many failed attempts to service men and women may have to be sent his release from prison, he was rearrested and morph the two, in order to convince the Amer- to possibly make the ultimate sacrifice in de- sentenced to life imprisonment. He was ican people that there is such a connection. fense of our country in the future. among the last group of prisoners to be freed Most Americans think that when our young f by the people at the time of the Revolution in men and women are risking their lives on the 1979. He was a candidate for parliamentary battlefield that Democrats, Republicans and PERSONAL EXPLANATION elections in Abadan after the revolution that Independents in this House would come to- overthrew the monarchy. Despite a strong gether in a non-partisan manner to support HON. ADAM SMITH propaganda campaign against the Mojahedin our troops—because everyone does support OF WASHINGTON and ballot rigging, the regime was forced to them. An appropriate resolution supporting our IN THE HOUSE OF REPRESENTATIVES announce that he received the second highest troops in the Senate passed earlier by a vote Thursday, March 27, 2003 number of votes in the election. of 99–to–0. But the Republican extremists in He then served in different posts at the Na- Mr. SMITH of Washington. Mr. Speaker, the House have no shame and no limits. They tional Liberation Army of Iran (NLA). Ebrahim due to family reasons, I missed the following will politicize the blood of our soldiers if they Zakeri was a member of the General Com- rollcall votes: think they can gain a political advantage. They Motion to Suspend the Rules and Pass. mand of the NLA and became a member of have never met an issue they were unwilling the National Council of Resistance of Iran in Sponsor: Representative RON KIND; Motion to ‘‘wedge.’’ That’s what Section 1 of this reso- agreed to: 411–13. To promote Department of November of 1992. In 1993, he was appointed lution is designed to do—create a wedge the Interior efforts to provide a scientific basis Chairman of the Security and Counter-ter- issue. I have no problem with Sections 2 and for the management of sediment and nutrient rorism Committee of the NCRI. Since then, his 3. loss in the Upper Mississippi River Basin, and committee has exposed many of the Intel- Many Democrats, myself included, separate for other purposes. ligence Ministry’s terrorist plots, as well as support for the troops from support for the Mr. Speaker, due to family reasons, I was Tehran’s efforts to obtain nuclear weapons. President’s policy. But the Republicans delib- unable to vote on rollcall No. 85, a motion to In a word, his 31 years of struggle serve as erately joined the two so they could make it a suspend the rules and pass H.R. 961, the a lesson and a guide for the young people of political wedge issue. Therefore, if you vote Upper Mississippi River Basin Protection Act. his country, and will always be honored by our ‘‘for’’ the resolution it appears that you support Had I been present, I would have voted ‘‘yes’’. nation and certainly by my colleagues in the the President’s policy. But if you vote Motion to Suspend the Rules and Pass. U.S. Congress. I express my condolences to ‘‘against’’ the resolution, the Republicans in- Sponsor: Representative CHRIS CANNON; Mo- the Iranian people and to the Resistance’s tend to paint you as against our troops and tion agreed to: 423–0. To revise the boundary President- elect, Mrs. Maryam Rajavi. unpatriotic in future elections. In other words, of the Glen Canyon National Recreation Area f the Republicans have deliberately tried to set in the States of Utah and Arizona. INTRODUCING THE SECURING a ‘‘Catch 22’’ trap. Thus, to avoid the ‘‘damned Mr. Speaker, due to family reasons, I was if you do and damned if you don’t’’ wedge TRANSPORTATION ENERGY EFFI- unable to vote on rollcall No. 84, a motion to CIENCY FOR TOMORROW ACT issue the Republicans created, I am voting suspend the rules and pass H.R. 788, the ‘‘present’’ on an issue for only the second time Glen Canyon National Recreation Area since I came to Congress on December 12, Boundary Revision Act. Had I been present, I HON. JAMES L. OBERSTAR 1995. would have voted ‘‘yes’’. OF MINNESOTA I do not support the President’s policy in IN THE HOUSE OF REPRESENTATIVES Iraq. Indeed, I filed a federal lawsuit to stop f Thursday, March 27, 2003 the President from going to war in Iraq without HONORING A GREAT HERO FOR a declaration of war from Congress. I believe IRAN’S FREEDOM, AND WORLD Mr. OBERSTAR. Mr. Speaker, today I have the President’s actions in Iraq are unconstitu- PEACE AND SECURITY introduced the ‘‘Securing Transportation En- tional and in violation of international law. Arti- ergy Efficiency for Tomorrow Act’’ (the cle 1, Section 8 of the Constitution says Con- HON. EDOLPHUS TOWNS STREET ACT). This bill recognizes the close connection between transportation policy and gress alone—not the President—has the OF NEW YORK energy policy. In many respects, transportation power to declare war. The October resolution IN THE HOUSE OF REPRESENTATIVES was not a declaration of war! Indeed, I believe policy is energy policy. Our transportation en- that not just going to war without a declaration Thursday, March 27, 2003 ergy needs are increasing, but we have not of war, but the attempt to cede such war-mak- Mr. TOWNS. Mr. Speaker, I would like to done enough to be able to meet these needs ing powers to the President in the October use this opportunity to ask my colleagues in with new technologies and alternative fuels. Resolution was unconstitutional. And there is the U.S. House of Representatives to observe As a result, our dependence on foreign oil nothing in U.S., UN or other international law a moment of silence for a great man who is continues unabated. that justifies the unprecedented doctrine of no longer among us, Ebrahim Zakeri. The late Today, the transportation sector consumes preemption—preemptively attacking another Mr. Zakeri was a great champion of freedom a greater share of petroleum (66 percent) than sovereign country without first being attacked, that not only helped the Resistance Movement it did in 1973 (50 percent). Each year for the or without presenting convincing evidence to to establish freedom and democracy in Iran, past two decades, energy use in the transpor- the American people and the world that such but he also fought for human dignity, global tation sector has increased by a rate of 1.5 a threat or attack is imminent. peace, and security. percent. It is time, indeed it is long overdue, Therefore, I am concerned about a UN-ig- As the Chairman of the Security and for the Federal Government to lead in the de- nored, but U.S.-led preemptive policy that has Counter-terrorism Committee of the National velopment and promotion of energy efficient weakened the United Nations, weakened the Council of Resistance of Iran, Ebrahim Zakeri technologies and alternative and renewable structures of ‘‘collective security,’’ and weak- was truly a resistance hero and a symbol of fuels. ened the rule of international law. devotion, struggle and selflessness for the As the Nation’s largest energy consumer, As the wealthiest and only superpower in cause of Iran’s freedom, as well as global the Federal Government is in a unique posi- the world, the U.S. has the most economic peace and security. His mother was also exe- tion to promote energy conservation and effi- and military interests in the world. The United cuted at the age of 70 after suffering extreme ciency, particularly in the transportation sector Nations, collective security, and the rule of torture in Evin Prison. and in the operation of Federal buildings. The international law have well-served those U.S. My colleagues in the House remember, that STREET ACT ensures that the Government interests. Weakening any of them increases last August, I circulated information about the does just that. The bill authorizes more than

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.035 E27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E605 $2 billion to promote greater energy efficiency world in the research, development, and de- crease energy efficiency including the use of and further the development and use of alter- ployment of fuel cell bus technology. photovoltaic solar energy systems, district native and renewable fuels on our highways, In addition, the bill provides a $75 transpor- heating, and other unconventional and renew- railroads, airplanes, ships, and in our Federal tation fringe benefit to employees who com- able energy resources. The bill authorizes buildings. mute to work by bicycling, carpooling or car- such sums as may be necessary for this For example, the bill provides for the use of sharing. Currently, employees who drive to study. photovoltaic solar energy systems work can receive a $190 per month parking Brightfields. Amends the Public Works and (photovoltaics) in our Federal buildings. benefit and employees who use transit can re- Economic Development Act of 1965 to author- Photovoltaics reduce the consumption of fossil ceive up to $100 per month. This bill rep- ize the Secretary of Commerce to carry out a fuels and offer distinct advantages over diesel resents a first step in extending those benefits demonstration grant program for the develop- generators and primary batteries. They are to citizens who choose to promote energy ment of brightfield sites. Brightfield sites are highly efficient and have no moving parts, so conservation while commuting to and from defined as brownfield sites that are redevel- the need for maintenance is virtually non-exist- their jobs. oped using solar energy technologies. The bill ent. Over twenty-five Federal buildings Mr. Speaker, the war with Iraq has once authorizes $200 million over 5 years for this throughout the country, from Boston, Massa- again focused our attention on the need to re- grant program. chusetts to San Francisco, California, already duce our dependence on foreign oil. It is time SURFACE TRANSPORTATION use photovoltaics to great effect. This bill to make a real and lasting commitment to the Highway Fuel Conservation. Establishes a seeks to fulfill the promise of the Million Solar development of these new technologies and grant program through which the Secretary of Roofs Initiative of 1997 of having photovoltaic the use of alternative and renewable fuel that Transportation may provide grants to States solar energy systems installed in 20,000 of our can help make America more self-sufficient in and local governments for projects designed Federal buildings by 2010. meeting her energy needs. We have the to make operational improvements to reduce In addition, the bill authorizes the Economic means available; the place to begin is with the fuel consumption on Federal-aid highways and Development Administration (EDA) to make Federal government and with this bill. roads, including data collection and analysis grants for the development of brightfield sites. A detailed summary of the bill’s provisions is for improved traffic signal timing, implementa- Brightfields are brownfield sites, i.e., aban- attached. tion of improved and coordinated traffic sig- doned or contaminated property sites, which SECURING TRANSPORTATION ENERGY EFFICIENCY FOR nals, and planning and implementation of free- are redeveloped using solar energy tech- TOMORROW ACT OF 2003 (THE STREET ACT) way management systems. The bill authorizes nologies. Brightfields are being successfully The Securing Transportation Energy Effi- $200 million over 5 years for this grant pro- developed across the country. This bill allows ciency for Tomorrow Act (the STREET Act) gram. the EDA to contribute to this development by recognizes the connection between energy Fuel Cell Bus Technology. Amends Section providing assistance to economically dis- policy and transportation policy and the impor- 5308, Title 49 of the United States Code to tressed communities so that they can rede- tance of utilizing new technologies and alter- allow the Secretary of Transportation to make velop contaminated or abandoned property. native fuels to meet our transportation energy grants to up to 10 recipients for the research Making these properties viable for commercial needs. The STREET Act promotes the Fed- and development of fuel cell bus technology. use can significantly improve the economic eral Government’s leadership in the develop- Preference is given to grant applicants who opportunities in the area where the brightfield ment and utilization of alternative and renew- have an existing fuel cell bus technology pro- site is located. able fuels in the transportation sector and in gram and have made investments in hydrogen The bill also provides for the development the operation of Federal buildings. Our Na- fuel cell infrastructure. The bill authorizes $300 and deployment of new technologies to create tion’s energy needs are increasing. Energy million over 5 years for this grant program. Conserve by Bicycling. Authorizes the Sec- cleaner, more fuel-efficient engines for use in use in the transportation sector alone has in- retary of Transportation to establish a pilot all modes of transportation including on rail, in creased by a rate of 1.5 percent each year for program that would provide funding for up to water, and in the air. The bill authorizes the the past two decades. The vast majority of 10 geographically dispersed projects to en- Department of Transportation to enter into that energy (approximately 99 percent) comes courage the use of bicycles in place of motor public-private partnerships with universities from traditional fuels. Today, the transportation vehicles. The bill authorizes $10 million for this and industry leaders to promote the develop- sector consumes a greater share of petroleum program. ment of cleaner, more fuel-efficient engines for (66 percent) than it did in 1973 (50 percent). Energy Impacts. Requires that environ- As the Nation’s largest energy consumer, our Nation’s railroads, ships, and airplanes. mental impact statements prepared for Fed- the Federal Government is in a unique posi- These clean engines would help reduce eral-aid highway and transit projects quantify tion to promote energy efficiency and the use ozone-forming emissions and would be espe- and consider energy impacts as an environ- cially significant in areas of nonattainment. Re- of alternative and renewable fuels. The mental consequence of the project. Currently, search on many of these projects has already STREET Act authorizes more than $2 billion in Federal Highway Administration guidelines begun, and this bill ensures that the Federal federal funds to promote greater energy effi- state that energy impacts should be consid- Government remains committed to the devel- ciency in our transportation sector and our ered as one of 25 environmental con- opment and deployment of these promising Federal buildings, and to further the develop- sequences in an EIS. However, the guidelines new technologies. ment and use of alternative and renewable state that ‘‘except for large projects, a detailed To promote the use of cleaner energy on fuels in our highways, our railroads, our air- energy analysis . . . is not needed.’’ As a our Nation’s highways, the bill establishes a planes, our ships, and in our Federal build- consequence, the energy impact of smaller- grant program by which the Department of ings. scale projects is often not quantified and not Transportation can make up to ten grants for ECONOMIC DEVELOPMENT AND PUBLIC BUILDINGS thoroughly considered. This section remedies the development and demonstration of fuel Photovoltaic Solar Energy Systems for Pub- that by requiring that all Federal-aid highway cell-powered buses. Heavy-duty vehicles, lic Buildings. Amends the Public Buildings Act and transit projects quantify and consider en- which include buses, account for only 6 per- of 1959 to authorize the Administrator of Gen- ergy impacts. cent of the total vehicle population, but gen- eral Services to establish a photovoltaic en- Extension of Transportation Fringe Benefits. erate 60 percent of nitrogen oxide emissions ergy commercialization program for the pro- Amends section 1320(f) of the Internal Rev- and over 80 percent of all particulate matter curement and installation of photovoltaic solar enue Code to include as a transportation emissions. Fuel cell buses would reduce pollu- energy systems for electric production in new fringe benefit that is excludable from an em- tion on our roads through the use of a clean, and existing public buildings. The purposes of ployee’s gross income, a $75 commuting al- environmentally-friendly energy source and this section include a reduction in fossil fuel lowance for employees who commute to work would help reduce our dependence on foreign consumption and attainment of the goal of in- by bicycling, carpooling or car-sharing. oil. Further, we are falling behind other Na- stalling 20,000 solar energy systems in federal Railroad Efficiency. Authorizes the Secretary tion’s in the development of these tech- public buildings set forth in the Federal Gov- of Transportation, in conjunction with the Ad- nologies. While there are a few prototype ernment’s Million Solar Roof Initiative of 1997. ministrator of the Environmental Protection buses currently being tested in this country, The bill authorizes approximately $1.3 billion Agency, to establish a public-private research the European Union has stated its goal of de- over 5 years for this program. partnership to develop and demonstrate loco- ploying 30 buses for revenue use in ten Euro- Capitol Complex Energy Efficiency. Author- motive technologies that increase fuel econ- pean cities by the close of this year. We can- izes the Architect of the Capitol to conduct a omy, reduce emissions, and lower costs. The not cede another transportation technology to study to evaluate the energy infrastructure of bill authorizes $105 million over 3 years for our foreign competitors. We should lead the the Capitol complex to determine ways to in- this program.

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.038 E27PT1 E606 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 AVIATION ganization marshalls important segments of have this opportunity to represent such fine Clean Airport Bus Pilot Program. Directs the the community to focus on increasing edu- Coloradans. I wish both Steve and Jeanne the Secretary of Transportation to establish a pilot cational opportunities for Oak Park students. best of luck with all of their future endeavors. grants award program for the acquisition of Since its inception in 1993, they have become f buses powered by alternative fuels and low- an invaluable asset to the community. sulfur diesel fuel at public airports through air- On Friday, this fine organization will honor a FISCAL WINDS OF WAR port bus replacement and fleet expansion community activist, Mike Tobin, and a commu- grants. Grants are to be used to purchase nity institution, Oakland Community College. HON. DOUG BEREUTER Mike Tobin, President of Mike Building buses powered by alternative fuels and low- OF NEBRASKA sulfur diesel fuel to be used as part of the air- Company of Farmington, learned his trade IN THE HOUSE OF REPRESENTATIVES port fleet for a minimum of 5 years and, to the from his father who from the beginning con- extent possible, grants are to be awarded to centrated on building homes that would open Thursday, March 27, 2003 ensure a broad geographic distribution with no the residential market to more families. That Mr. BEREUTER. Mr. Speaker, this Member State receiving more than 10 percent of the practice continues today because Mr. Tobin’s commends to his colleagues this March 27, available grant funding. The bill authorizes his first love is the single family affordable 2003, editorial from the Omaha World Herald. $200 million over 5 years for this grant pro- home. He shares the enjoyment of first-time The editorial rightly praises the other body for gram. buyers when they realize they have become its vote to reduce the President’s proposed tax Clean Aircraft Engines. Authorizes the Ad- ‘‘homeowners.’’ Aside from his love of build- cut in the budget resolution in the face of the ministrator of the Federal Aviation Administra- ing, and his commitment to the future of the cost of the war in Iraq. tion to establish a public-private research part- building industry and the workforce of tomor- [From the Omaha World-Herald, Mar. 27, nership with the National Aeronautics and row, Mr. Tobin is a recognized leader in the 2003] Space Administration, research universities, community and a devoted supporter of many FISCAL WINDS OF WAR and members of the aero-propulsion industry charities and institutions, including the Cutting taxes in an effort to reinvigorate a to develop a clean ground demonstrator en- OPBEA. sputtery economy is an idea that has merit, gine utilizing technologies developed by NASA Oakland Community College (OCC) estab- and the Bush administration can be praised and to focus on the development and certifi- lished in 1964, began with 2 campuses and for pursuing the effort. But the U.S. Senate, cation of environmentally friendly manufac- was proud of its initial enrollment of 3860 stu- in its surprise vote on Tuesday, got it right: turing technologies, materials, and overhaul dents. Today, they have grown to more than $726 billion was simply too much in the face and repair. The bill authorizes such sums as 27,000 students covering 5 campuses in Oak- of an open-ended and obviously costly war may be necessary for the establishment of this land County. OCC is an invaluable resource with Iraq. The Senate, in a stance it reconfirmed yes- public-private partnership. for the community, the region and the State as terday, voted to reduce the tax cut (as part WATER RESOURCES they provide a wide range of affordable serv- of a $2.2 trillion budget) to $350 billion, still Marine Efficiency. Authorizes the Secretary ices and educational opportunities to students a substantial tax reduction. Next comes the of Transportation to establish a public-private of all ages. OCC is an active participant in the haggling between House and Senate, since research partnership with the Federal Govern- OPBEA Board as a connecting link between the House-approved version would give Presi- ment, vessel operators, ports, terminal opera- education and employment. dent Bush the full $726 billion cut he sought. tors, shipyards, and equipment suppliers to Mr. Speaker, I ask my colleagues to join me By the best available evidence, the admin- in congratulating Mike Tobin, Oakland Com- istration lost track of its vote tally in the develop and demonstrate technologies that in- Senate. It asked for an initial $75 billion for crease fuel economy, reduce emissions, and munity College and the Oak Park Business the war in Iraq, evidently confident that it lower costs of marine transportation and in- and Education Alliance and wish them suc- would win both that and the full tax reduc- crease the efficiency of intermodal transfers. cess in their future endeavors. tion. But the Senate, by a narrow margin, The bill authorizes such sums as may be nec- f opted for prudence. The majority rightly saw essary for the establishment of this public-pri- the $75 billion as a down payment—enough TRIBUTE TO STEVE AND JEANNE vate partnership. to sustain the effort for six months, with BECKLEY Improving Hydropower Capabilities. Directs more bills to come later and yet more after that as the effort gets under way to recon- the Secretary of the Army to study the poten- struct Iraq. tial for reduced fossil fuel consumption through HON. SCOTT McINNIS Bush’s reluctance until this week to put an increase in U.S. hydropower capabilities at OF COLORADO even a tentative price tag on the Iraq war dams owned or operated by the Corps of En- IN THE HOUSE OF REPRESENTATIVES and aftermath has raised a question in our gineers. Thursday, March 27, 2003 minds: Is the administration concerned that Encouragement of Prohibitions on Great domestic support for the war will fade if the Lakes Off-Shore Drilling. Contains a finding by Mr. McINNIS. Mr. Speaker, it is with great average American is asked to sacrifice some- Congress that environmental dangers associ- pride that I rise today to recognize Steve and thing? ated with off-shore drilling in the Great Lakes Jeanne Beckley of Glenwood Springs, Colo- If so, we would hope to disabuse the White rado. The Beckleys are dedicated members of House of such a notion. Several recent polls for oil and gas outweigh the potential benefits suggest that 70 to 75 percent of Americans of such drilling and encourages the Great the Glenwood Springs community, and it is my honor to pay tribute to their accomplishments support this effort to dislodge the evils of Lake states to continue to prohibit off-shore Saddam Hussein. We believe that if it takes drilling for oil and gas where such prohibitions before this body of Congress and this great giving up (at least for now) part of a pro- already exist and to enact a prohibition of nation. posed tax cut to undergird the fight finan- such drilling where one does not yet exist. Steve and Jeanne are the owners of Glen- cially, most Americans are ready to do that. wood Caverns, a landmark tourist attraction in We are reminded of World War II, when f the Glenwood Springs area. Recently, they Americans willingly observed meatless days, RECOGNITION OF THE OAK PARK have expanded the caves into a year-round endured gasoline rationing, drove on bald BUSINESS EDUCATION ALLIANCE attraction, beginning construction of an aerial tires and so on to bolster the war effort. We tramway to be completed this spring, which have no reason to believe that today’s citi- zens are made of less stern stuff. HON. SANDER M. LEVIN will allow visitors to access the site from Iron Congress should unhesitatingly give the OF MICHIGAN Mountain. Their contributions to tourism in president the war funding he is asking for. IN THE HOUSE OF REPRESENTATIVES Glenwood Springs will help to bring even more His tax-cut plan can be revisited later. Mean- visitors to the area. For their efforts, the Beck- while, as a people we’re in this fight and had Thursday, March 27, 2003 leys were recognized as Glenwood Springs better pay for it. (Don’t forget the hyper- Mr. LEVIN. Mr. Speaker, I rise today to rec- Chamber Resort Association’s Citizens of the inflation that resulted from President Lyn- ognize the Oak Park Business and Education Year for 2002. don Johnson’s insistence on conducting the Alliance (OPBEA) at their Annual Community Mr. Speaker, it is with honor that I commend Vietnam war on the cuff.) Congress has a duty here, too. Whatever Awards Luncheon on Friday, March 28th at Steve and Jeanne Beckley before this body of tax-cut figure it ends up with, it should Glen Oaks Country Club in Farmington Hills. Congress and this great nation for their efforts make good on its word: Spend the difference The Oak Park Business and Education Alli- in the Glenwood Springs community. Their on the war, and if there’s any left, shore up ance is a non-profit organization of educators, contributions have greatly benefited the people the Social Security system. Any other use of businesses and government entities. This or- of Glenwood Springs and I am honored to the funds constitutes a breach of promise.

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A27MR8.040 E27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E607 HONORING MR. FRED HILL UPON deficits and is unable to continue to cover the and enlisted personnel in the Reserves. Given HIS INDUCTION INTO THE PLYM- difference in salary after 12 months, even for the Pentagon’s increasing reliance on the Re- OUTH, MICHIGAN HALL OF FAME a two-time ‘‘Firefighter of the Year’’ award win- serve Component, there exists a valid concern ner. Firefighter Kibbee was recently notified that the potential for financial losses would HON. THADDEUS G. McCOTTER that his activation has been extended for an- have a negative impact on recruiting and re- OF MICHIGAN other 12 months, taking his total time on ac- tention in the Reserves. Passage of H.R. 1345 IN THE HOUSE OF REPRESENTATIVES tive duty to the full two years. would alleviate this concern and provides both Mr. Speaker, if Firefighter Kibbee’s concern for the financial security for our Reservists as Thursday, March 27, 2003 was unique it would be extremely unfortunate. well as security to our nation as a whole. Mr. MCCOTTER. Mr. Speaker, I ask the However, the fact that there are many other Mr. Speaker, this important legislation is de- House of Representatives to join me in recog- brave men and women sharing his concerns is signed to ensure that federal, state and local nizing Mr. Fred Hill, as he was recently in- truly a tragedy. Too many members of our Re- government employees and those employed in ducted into the Plymouth, Michigan Hall of serve components are faced with the difficult the private sector can continue to defend our Fame. choice of defending their country or providing country without being forced to worry about His passion for Plymouth, Michigan has led for their family. their families pinching pennies to adjust to a him to serve as President of the Plymouth When a civilian is called up to active duty life on a reduced salary. The legislation covers Community Chamber of Commerce, Plymouth the Reservist’s civilian salary is placed on hold members of the Reserves who are involun- Community United Way, Kiwanis Club of Colo- and their paycheck now comes from the mili- tarily called up for a period of longer than 30 nial Plymouth, and Plymouth Downtown De- tary. Often the amount of military pay is signifi- days as defined in Section 101(19) of Title 37 velopment Authority. Mr. Hill also served on cantly less than the amount of their civilian United States Code. numerous boards and committees including salary. As a result of this discrepancy the fam- The coverage of Federal employees uses a the City Charter Commission, Salvation Army ilies of reservists are asked to carry a double commonsense and cost neutral approach. The Board, and the Plymouth Jaycees. He is also burden; a member of their family is temporarily bill simply requires the employee’s federal the founder and leader of the nationally known absent—as is a portion of his or her salary. agency to pay the employee the difference be- Fred Hill Briefcase Drill Team. In order to substantially reduce the discrep- tween their military pay as defined by Section Mr. Hill is a tremendous ambassador for the ancy in pay between civilian and military sala- 101(21) of Title 37 (not including allowances) Plymouth community, and we at home are in- ries for Reservists and members of the Na- and their civilian base pay. Since Federal debted to, and grateful for his dedication, pas- tional Guard who are involuntary activated for agencies and departments have already budg- sion, and humor—if not his singing. more than thirty days, I, along with five of my eted for their employees’ salaries, there Mr. Spreaker, I extend my sincere apprecia- colleagues, have introduced H.R. 1345, ‘‘The should not be additional expenditures required tion to Mr. Fred Hill, as he is inducted into the Equity for Reservists Pay Act.’’ I am pleased to cover any discrepancy the reservist em- Plymouth, Michigan Hall of Fame, for his fine to report that this bi-partisan legislation also ployee suffers as a result of his or her involun- service to our country. has the support of both the National Guard tary call up. Association and the Reserve Officers Associa- f In addition to the numerous Federal govern- tion. I request that copies of both are included ment employees that this bill would cover, I INTRODUCTION OF H.R. 1345, THE in the CONGRESSIONAL RECORD. EQUITY FOR RESERVIST ACT While the problems caused by this discrep- believe that Congress should also assist state (ERA) ancy in salary has long been known, the re- and municipal governments in providing the cent shift in the frequency and length of acti- difference in salary that their Reservist em- HON. TOM LANTOS vations has aggravated the salary discrepancy ployees face. H.R. 1345 also provides assist- issue. During the Cold War era, the Reserve ance to the state and municipal governments OF CALIFORNIA who choose to provide financial equity to their IN THE HOUSE OF REPRESENTATIVES components were hardly utilized, and in fact between 1945 and 1989 Reservists were in- employees by allowing the states to request a Thursday, March 27, 2003 voluntarily activated by the federal government reimbursement of 50 percent of the expendi- Mr. LANTOS. Mr. Speaker, recently I only four times, an average of less than once tures required for the first 9 months. After 9 learned about an extraordinary individual, Mr. a decade. In the aftermath of the Cold War months, the participating state and municipal Gary Kibbee, a firefighter with the South San our nation has relied more heavily on the Re- governments are eligible for a full 100 percent Francisco Fire Department and member of the serve components, involuntarily activating Re- reimbursement. Navy reserves. Firefighter Kibbee was acti- servists units six times since 1990, an average In order to ensure that our government’s vated shortly after September 11, 2001 and of about once every two years. generosity is not taken advantage of, I have has remained deployed in an active duty role Mr. Speaker, the mobilization of Reservists included language into this legislation to pre- since then. He serves his country with honor in the aftermath of the September 11th ter- vent abuse. The anti-fraud provision of this and distinction, and I feel safe knowing that rorist attacks has been the largest and longest bill, which is analogous to California law, re- men like him are defending our nation. since the 1990–91 Gulf War. Currently there quires municipal employees to return to their I am deeply concerned, however, that while are over 210,000 men and women Reservists government jobs upon deactivation. An em- Firefighter Kibbee is concentrating on the ex- on active federal duty. The average length of ployee who accepts money to make up their traordinarily difficult and dangerous mission he deployment since September 11th has been, salary discrepancy and doesn’t return will had been deployed to perform, he is also for some, the longest continuous activation have the received funds treated as a loan to being forced to worry about the welfare of his ever. be paid back in a manner to be determined by wife and two children. For Firefighter Kibbee’s The brave men and women serving in the Secretary of the Treasury. Additionally, the family has to worry not only about whether he America’s Reserve and National Guard make appropriate Secretary has the discretion to will return, but also about how they will make tremendous sacrifices for their country. Some waive all or part of the loan should an appro- ends meet. are called to make the ultimate sacrifice. One priate situation arise. The Kibbee family is victim of a ‘‘pay gap’’ sacrifice they and their families should not Finally, Mr. Speaker, in order to provide the suffered by many of the over 200,000 Reserv- have to make is worrying about their financial necessary incentive for non-government em- ists and National Guardsmen currently acti- security. It is the duty of our government to ployers to make up the discrepancy in income vated. While he is activated, Firefighter Kibbee ensure that the men and women of the military that their brave employees encounter as a re- receives military pay that is significantly less reserves are not financially burdened when sult of being involuntarily activated for more than his civilian pay. This is a sacrifice he, his they answer their call to duty. than 30 days, this legislation amends Subpart family, and his brothers and sisters serving in Mr. Speaker, it is important to note that this D of Part IV of subchapter A of Chapter 1 of the Reserves and National Guard should not bill does not provide extra compensation to the Internal Revenue Code, creating an ‘‘Ac- have to bear. members of the National Guard and Reserve tive-duty Reserve Component Employee Cred- Thankfully, for the past year Firefighter components, but rather ensures that our it.’’ This credit should provide an incentive for Kibbee has been able to rely on the gen- Guardsmen continue to receive the amounts private companies to continue to pay their em- erosity of the City of South San Francisco to of their civilian salaries. ployees. This credit will be equal to 50 percent cover the discrepancy between his civilian and It is well known in the Department of De- of the compensation paid to the reservist em- military salary. However, South City, like so fense that the potential for income loss during ployee to make up the difference between many other cities and towns, is facing looming activation is a major concern for both officers their private salary and reservist pay.

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.044 E27PT1 E608 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 This legislation is a common sense solution NATIONAL GUARD ASSOCIATION that ob-gyns, in many cases, have the most to the unfortunate problem of financial insecu- OF THE UNITED STATES, appropriate medical background to address rity suffered by the brave men and women of Washington, DC, March 19, 2003. these needs. My legislation removes the bar- Hon. TOM LANTOS, the Reserves. We cannot ask courageous U.S. House of Representatives, riers complicating women’s access to their men and women like Firefighter Kibbee to Washington, DC. doctors. Women will no longer have to con- choose between supporting their families and DEAR CONGRESSMAN LANTOS: On behalf of tend with the gatekeeper system that can pre- defending our country. Since an extended acti- the men and women of the National Guard vent or delay appropriate care. vation results in financial loss for the Reserv- Association of the United States, I would It is easy to understand what a difference ists and their families, it is only equitable that like to commend you for your efforts in in- direct ob-gyn access makes in women’s health our government limits the financial loss as troducing the ‘‘Omnibus Equity for Reserv- care. Imagine, for a moment, a woman in San much as possible. H.R. 1345 is a fair and bal- ists Pay Act of 2003.’’ Diego who works 45 hours a week and has Thousands of Guardsmen and women are limited sick and vacation time. Now, imagine anced approach to resolve this unacceptable currently being called to active duty in sup- and intolerable situation. I urge its expedited port of the Global War on Terrorism, defense she has an urgent medical problem requiring passage. of the homeland, and the pending war in an ob-gyn visit. On Monday, she calls from RESERVE OFFICERS ASSOCIATION Iraq, in addition to the multitude of other work to make an appointment with her primary OF THE UNITED STATES, state and federal operational missions nor- care physician. If she is lucky, she gets an ap- Washington, DC, March 19, 2003. mally performed. Many Guardsmen and pointment for the following morning. She takes Hon. TOM LANTOS, women are experiencing financial hardship time off Tuesday to go see her doctor. Her pri- U.S. House of Representatives, when they serve their country for extended Washington, DC. mary care doctor agrees she should be seen periods of time due to the difference of in- by her ob-gyn and gives her a referral. Tues- DEAR CONGRESSMAN LANTOS: On behalf of come between their civilian and military the nearly 80,000 members of the Reserve Of- pay. Your legislation, the ‘‘Omnibus Equity day afternoon she returns to work and calls ficers Association of the United States, con- for Reservists Pay Act of 2003’’ will help her ob-gyn for an appointment. The doctor is gressionally chartered to ‘‘support the devel- mitigate financial loss by making up the dif- in surgery on Wednesday, but they offer her opment and execution of a military policy ference between a person’s civilian and mili- an appointment on Friday morning. On Friday for the United States, that will provide ade- tary salaries. she takes another morning off from work and quate national security,’’ I want to thank The employer credit will encourage private finally, after almost a week, gets the care she you for your efforts in introducing the Omni- industry to compensate their National Guard needs. The unnecessary referral process re- bus Equity for Reservists Pay Act of 2003. employees. The high National Guard is draw- The bill is an important step forward in rec- ing members of the National Guard away sulted in her taking an extra morning off work ognizing the contributions of the members of from their employers for up to two years at and delayed her proper medical care by 5 the Reserve components of our Armed Forces a time. This increased operational tempo days. The patient, employer, primary care phy- to the Total Force and our national defense. places additional financial burdens on em- sician, and health plan provider would have Today as we wait anxiously for news of ployers, to a much greater extent than in saved money and time if the patient had been whether or when we will go to war with Iraq, past years. Employers should not be ex- able to go directly to her ob-gyn. more than 200,000 members of the Reserve pected to bear the increased financial bur- An American College of Obstetricians and components of our Armed Forces have been dens Guard deployments place on them. As- Gynecologists/Princeton survey of obgyns mobilized and/or deployed in anticipation of sisting employers with tax credit provides showed that 60 percent of all ob-gyns in man- the ability to inject those funds back into that event. Since September 11, 2001, a quar- aged care reported that their patients are ei- ter-million citizen-soldiers, sailors, Marines, their businesses in order to offset the effects and airmen have been called to active duty of the temporary loss of their National ther limited or barred from seeing their ob- and have left their homes, families, and com- Guard employees. gyns without first getting permission from an- munities in response to emerging contin- As always, the NGAUS stands ready to as- other physician. Nearly 75 percent also re- gencies. By the Department of Defense’s own sist you and looks forward to our continued ported that their patients have to return to their estimate, about one third of these activated relationship ensuring a strong and viable Na- primary care physician for permission before reservists are losing money when their civil- tional Guard. If you have any questions, they can see their ob-gyn for necessary fol- ian paycheck is compared to their military please do not hesitate to contact my staff or low-up care. Equally astounding is that 28 per- me, salary (including the tax advantages of var- cent of the ob-gyns surveyed reported that ious benefits and allowances). Nearly sev- Respectfully, enty thousand troops is a hefty slice of Total RICHARD C. ALEXANDER, even pregnant women must first receive an- Force assets going broke on active duty, Major General (RET), AUS, other physician’s permission before seeing an going bankrupt before they even see the President. ob-gyn. enemy they came to fight. The situation is f The public overwhelmingly supports direct bad and it can only get worse when you con- access to ob-gyn care. A survey conducted by sider that Iraq will very likely take several THE WOMEN’S OBSTETRICIAN AND the Kaiser Family Foundation and Harvard years to be rebuilt, that the Reserve compo- GYNECOLOGIST MEDICAL AC- University found that 82 percent support direct nents will probably be supervising the CESS NOW ACT OF 2003 (THE access legislation and 63 percent would sup- project, and that if recent history is any WOMAN ACT) port it even if their health insurance costs in- guide, such occasions will continue. creased. When asked about a range of health The issue here is that if we are serious about the societal benefits of the Total HON. SUSAN A. DAVIS policy issues another Kaiser survey discov- Force policy and the popular support it OF CALIFORNIA ered that women rate direct access to ob-gyns brings to any military undertaking, we need IN THE HOUSE OF REPRESENTATIVES as their second priority. to reinforce it in every way possible. We can- While serving in the California State Assem- not allow the compensation aspects of the Thursday, March 27, 2003 bly, I heard from many women who experi- system to drift so far off center that fully a Mrs. DAVIS of California. Mr. Speaker, enced the same problems I have outlined third of its Reserve component members be- today, I am reintroducing the Women’s Obste- today. After meeting with women, obstetricians come economically dysfunctional merely by trician and Gynecologist Medical Access Now and gynecologists, health plan representa- putting on their uniforms. Bankruptcy is not Act, the WOMAN Act. This bill will ensure that tives, and providers in the State of California, an effective recruiting or retention tool. With all of the other more immediate (and every woman has direct access to her ob-gyn. I wrote the state law allowing women direct less tractable) issues mobilized reservists I believe women should not need a permis- access to their ob-gyn. That law was a good must face, we should do all we can to elimi- sion slip to receive ob-gyn care. Unfortunately, first step; however, it still does not cover the nate or ameliorate financial insecurity that is the reality faced by many women when almost 5 million Californians enrolled in self-in- caused by post-mobilization compensation they need to see their doctor. Numerous man- sured, federally regulated health plans. This dysfunction. aged care plans require women to visit their means that if a woman lives in a state with di- Your bill provides a range of solutions to primary care physicians before seeking the rect access protections, like California, she the problem that has long plagued reservists health care services they need from the pro- may not be able to see her ob-gyn without a and by extension the Total Force, and ulti- viders they want. Denying direct access, or referral if she is covered by a federally regu- mately the nation. We are pleased at your vi- sion in introducing it and we stand ready to forcing women to jump through numerous bu- lated ERISA health plan. This also means that assist in any way we can. reaucratic hoops to see their ob-gyn is not ac- one in four insured families are not protected Sincerely, ceptable treatment. by state direct access to ob-gyn laws. JAYSON L. SPIEGEL, The WOMAN Act recognizes that women I believe the time has come to make direct Executive Director. have different medical needs than men and access to an ob-gyn a national standard.

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K27MR8.009 E27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E609 I urge you, Mr. Speaker, and all of my col- ing almost two dollars on men’s sports. In lim- I want my daughter and the daughters of leagues to pass this critical legislation quickly ited situations where men’s athletic teams every family in the nation to have the right and into law. have been cut, it is often due to a lack of sup- the opportunity to compete and receive schol- WOMEN’S OB/GYN MEDICAL ACCESS NOW ACT port for those teams combined with inflated arships if their heart desires. (WOMAN ACT) budgets for football and men’s basketball It is a myth that the requirements of Title IX BILL SUMMARY teams. take away funding for male sports teams! The Grants Direct Access: Gives women direct Given these realities, changes to Title IX overwhelming majority of funding available access to an OB/GYN or a participating fam- would be premature and a set-back to the goes to support college football and college ily practice physician or surgeon designated work we have accomplished over the last 30 basketball. Furthermore, in 30 years we have by the plan or issuer as providing OB/GYN years. The task laid at our feet by the Honor- seen the number of college baseball teams in- services. Prohibits plans or issuers from re- able Patsy Mink to fight for gender equality re- crease exponentially! If it were true that Title quiring a referral or prior approval. Plan Considerations: Plan can set reason- quires us to make sure that the advances IX robs funding from male sports teams then able communication requirements between women have made as a result of the imple- why is it that for every dollar spent on wom- OB/GYNs and primary care physician. Plan mentation of Title IX do not overshadow the en’s collegiate sports, two dollars are spent for can set reasonable utilization protocols, as fact that our work is not complete. Therefore the male teams? We need to stop the myths long as those protocols are the same for OB/ I urge my colleagues to support the intent of about Title IX and allow the program to remain GYNs as they are for other physicians, such this resolution. intact. as primary care providers. (cannot be more f No longer do young girls need to hide their restrictive for OB/GYNs) hair in a cap and pretend to be boys if they Nodfication for ERISA plans: Requires TITLE IX group health plans to comply with the notice want to play ball. No longer do we harbor requirements for ERISA when they modify under the misconception that women can’t and their plan to comply with the rule. HON. JOE BACA don’t want to play. Title IX was a bold step to- OF CALIFORNIA f ward equality and it was a necessary element IN THE HOUSE OF REPRESENTATIVES toward achieving fairness. Sports teach us CHANGES TO TITLE IX ATHLETICS Thursday, March 27, 2003 how to win with integrity and how to lose with POLICIES CONTRADICT THE grace. They teach us healthy competition and SPIRIT OF ATHLETIC QUALITY Mr. BACA. Mr. Speaker, I come to the floor how to strategize for success. They help pro- AND GENDER PARITY AND today to voice my opposition to any efforts to mote healthy exercise and lifestyles. Women SHOULD NOT BE IMPLEMENTED, change Title IX. For over 30 years, Title IX need to be offered the opportunity to enrich AND TITLE IX SHOULD BE KEPT has been a successful program that has their lives by playing sports. We need to keep INTACT helped open doors for women in education Title IX in play. and employment. I don’t understand how peo- f HON. ENI F. H. FALEOMAVAEGA ple can argue with success and try to change such an important piece of legislation. TRIBUTE TO DAVID KEELEY OF AMERICAN SAMOA Times have changed in this nation for com- IN THE HOUSE OF REPRESENTATIVES petitive sports, and it is all because of Title IX. Thursday, March 27, 2003 HON. MICHAEL H. MICHAUD Title IX has helped change assumptions and OF MAINE Mr. FALEOMAVAEGA. Mr. Speaker, June attitudes about sexual stereotypes. It is hard IN THE HOUSE OF REPRESENTATIVES 19, 2002 marked the 30th Anniversary of the to comprehend that less than 30 years ago passing of Title IX of the Education Amend- people believed women were physically in- Thursday, March 27, 2003 ments of 1972. This legislation was introduced capable of running the marathon. It was be- Mr. MICHAUD. Mr. Speaker, I rise today to and tirelessly fought for by my late colleague lieved that female body composition made it recognize David Keeley for his tireless leader- and friend the Honorable Patsy Mink of Ha- impossible for them to run long distances! It ship over two decades in the field of coastal waii. Congresswoman Mink left a legacy for us wasn’t until women began defying this irra- resource management and to congratulate him to continue, one which demands our continued tional and unfounded notion by competing for receiving the 2003 Walter B. Jones Memo- diligence in promoting and maintaining gender anyway that the world took notice and a crip- rial Award for Coastal Steward of the Year. equality. Since its passing, Title IX has been pling stereotype died. It is a myth that women For over 25 years, Mr. Keeley has worked crucial in setting a standard of equal education are not interested in sports or competition. It at the local, state and regional level in envi- opportunities. is a myth that women would rather be cheer- ronmental management, policy development Today, and as a result of Title IX, the oppor- ing on the sidelines than competing on the and planning with an emphasis on coastal and tunities that women enjoy far surpass those of field, the court, the green, track, or the dia- estuarine issues. Over thirteen years ago, Mr. previous generations. These accomplishments mond. Any effort to repeal a program that al- Keeley created the Gulf of Maine Council on are being threatened by current recommenda- lows access to sports and education for the Marine Environment, a voluntary regional tions to implement changes to Title IX athletic women reincarnates myths and stereotypes governance structure that includes the states policies that contradict the spirit of athletic that should have been put to rest decades of Maine, New Hampshire, and Massachu- equality and gender parity. We cannot allow ago. setts, and the Canadian provinces of New this to happen. Title IX has helped knock down the sense- Brunswick and Nova Scotia, as well as rep- Some argue that Title IX has accomplished less barriers that have prevented women from resentatives from Canadian and U.S. federal all its goals and some even suggest that it has engaging in competition by requiring that agencies. The Council is an excellent example exceeded what it was set forth to accomplish. equal funding be contributed to women’s of a bilateral regional governance organization The reality Mr. Speaker, is that while great sports throughout all levels of education. Girls and is one of the best in North America. It is strides have been made to level the playing have an equal right with boys to receive at a also a wonderful example of David’s dedica- field for women in sports we have not minimum a basic education and to compete tion and leadership. The success of the Coun- achieved complete gender equity in athletics. for scholarships—whether they are academic cil can be, in large part, directly attributed to Data from the NCAA 1999–2000 Gender Eq- or athletic. Since 1972, the number of women the activism and involvement of Mr. Keeley, uity Report shows that female athletes in Divi- playing collegiate sports has quadrupled! And who nurtured, encouraged and challenged the sion I schools receive only 41% of the oppor- the number of girls playing high school sports group to succeed. Like so many other coastal tunities to play intercollegiate sports, 43% of has increased to 3 million in the 30 years that issues and projects in which David becomes the total athletic scholarship dollars, 36% of Title IX has been on the books. Before Title IX involved, the Council is where it is today be- the athletic operating budgets, and 32% of the was enacted, only 300,000 high school girls cause of his long-term guidance and support, dollars spent to recruit new athletes. competed. The principle of equality requires and his unwavering ability to question, re- Additionally Mr. Speaker, Title IX does not that women be provided equal access and spond, and deliver. For all of his hard work deprive men of athletic resources, nor has equal opportunity for education and sports. and dedication, David was recently honored men’s participation in athletics suffered as a My 16-year-old daughter Jennifer plays on with the 2003 Walter B. Jones Memorial result of Title IX. In fact, by 2001 male partici- her high school golf team. Before Title IX, a Award for Coastal Steward of the Year. pation in collegiate sports rose 22.6% from girl’s golf team in most schools would never Mr. Speaker, Maine is honored, grateful and 1972. In 2000, for every dollar being spent on have existed. Before Title IX many women fortunate to have a devoted citizen like David women’s sport, Division I schools were spend- weren’t even allowed to step foot on a green! Keeley. His tireless work to protect our coastal

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.046 E27PT1 E610 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 resources has truly made a difference to the I support Title IX and all of its’ opportunities ney, John served as County Prosecutor, hold- great state of Maine and to the entire nation. for women and girls. ing that position for 12 years. f Protect Title IX and let it fulfill its mission. Mr. Speaker, in all his years of practice, f John never tried a single murder case until the TITLE IX last two years as Prosecutor, and then there HONORING BLACK WOMEN UNITED were four. Mr. Zimmerman got a conviction on HON. JUANITA MILLENDER-McDONALD FOR ACTION (BWUFA) each one, he would tell you proudly. OF CALIFORNIA Prior to doing battle in the local tribunal, IN THE HOUSE OF REPRESENTATIVES HON. JAMES P. MORAN John served in the 91st Infantry and received Thursday, March 27, 2003 OF VIRGINIA a battlefield commission and Bronze Star in Ms. MILLENDER-McDONALD. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES Italy during WW II. While serving overseas, his father, Elmer, who worked as an agent for the I stand today on behalf of a great majority of Thursday, March 27, 2003 Americans who support Title IX. IRS, received a transfer and moved the family Thirty years ago, my friend, The Late Rep. Mr. MORAN of Virginia. Mr. Speaker, I rise from its home in Old Fort, Ohio to Defiance, Patsy Mink of Hawaii, the first woman of color today to recognize the contributions of Ohio. His mother, Effa, a music teacher, to be elected in Congress, unremittingly and BWUFA, Black Women United For Action. taught around the various schools in Defiance dauntlessly challenged old stereotypes like a Over the course of their 17 year history, County. ‘‘woman’s place being in the home.’’ BWUFA has been an outspoken voice for the Upon returning to the states in 1946, John Representative Mink was nationally recog- concerns of women, the impoverished, and came to Defiance in the spring of that year, nized as a crusader for the rights of women, vulnerable families throughout the world. enrolled in classes at Defiance College going minorities and the poor. She co-authored the As a volunteer, non-profit community service straight through his undergraduate years with- Women’s Educational Equity Act, now known organization based in Springfield, Virginia, out a break. It was about this same time that as Title IX, which prohibits gender discrimina- BWUFA has continued to successfully provide he helped to reorganize the local National tion by institutions receiving federal funding. a variety of community programs that offer Guard Company in Defiance. He finished his Title IX is credited for helping push schools support services with a social, cultural and studies at the University of Toledo and earned and universities to invest equally in women’s educational focus. As BWUFA volunteers will his Juris Doctorate in 1951 from The Ohio athletics and educational programming. She attest, there is no price that can be placed on State University School of Law. envisioned the law to serve as a means to re- the gifts of love, compassion and caring from John entered into a partnership with Defi- duce and eventually eliminate gender discrimi- one person to another. This is the guiding phi- ance native, attorney, and artist, Ed Hummer nation. losophy that drives BWUFA to help make the in 1957. That same year they established a USA Today, CNN and the Gallup Poll pub- world a better place for tomorrow’s leaders. satellite office in Hicksville, Ohio. In 1963, lished on January 8, 2003, their survey results They consider it both a distinct pleasure and John formed a law firm with Karl Weaner and showing that 7 out of 10 adults familiar with an obligation to touch the lives of others for Reeder Hutchinson. That office was located in Title IX think that the law should be strength- the improvement of our community. the offices above the State Bank and Trust ened or left alone. One of BWUFA’s major efforts is to readily Co. until 1991, when the firm purchased the Statistics will prove why our people support disseminate pertinent information to the public modern-looking, stone and cedar-sided build- Title IX: through forums such as their Roundtable Dis- ing on the corner of Wayne and Third Streets. Women student athletes graduate at a sig- cussions. From talking about healthy living ini- Mr. Zimmerman is one of the last remaining nificantly higher rate of 68% than women stu- tiatives to the need for solid investment strate- from the original firm that still exists today. dents in general who graduate at a rate of gies, BWUFA provides these mediated con- Mr. Speaker, I ask my colleagues to join me 59%. versations to encourage critical thinking on in paying special tribute to Mr. John E. Zim- 80% of women identified as key leaders in complex issues that affect us all. It is through merman. Our communities are served well by Fortune 500 companies participated in sports this exchange of ideas in a relaxed setting that having such honorable and giving citizens, like as students. many can develop plans to radically alter their John, who care about their well being and sta- 82% of women business executives who lives for the better. played sports said that the lessons they bility. We wish John, his wife, Loisann, and Mr. Speaker, I am pleased to have had the learned on the playing field contributed to their their family all the best as we pay tribute to opportunity of working closely with this valu- success in business. one of our state’s finest citizens. able organization in the past and look forward A Women’s Sports Foundation study f to continued interaction in the future. BWUFA showed that teenage athletes are less likely to CONDEMNING THE ARRESTS OF use marijuana, cocaine or other illicit drugs, sets the example as a model organization striving to improve the lives of others every- OPPOSITION PARTY MEMBERS IN less likely to be suicidal, less likely to smoke NORTHERN CYPRUS and are more likely to have a positive body day. I salute their stewardship and wish them image than female non-athletes. the best in their future endeavors. Through the years, Title IX has diminished f HON. ROBERT E. ANDREWS OF NEW JERSEY the inequity against women without depriving A SPECIAL TRIBUTE TO JOHN ZIM- IN THE HOUSE OF REPRESENTATIVES men of the same funds and opportunities. MERMAN ON THE OCCASION OF In 2000, Division I educational institutions HIS RETIREMENT FROM THE Thursday, March 27, 2003 spent one dollar on women’s sports for every LEGAL PROFESSION two dollars spent on men’s sports, and yet Mr. ANDREWS. Mr. Speaker. I rise before women increasingly continued to participate in you today to condemn the recent acts of the sports activities. HON. PAUL E. GILLMOR Turkish-Cypriot leadership. Only two weeks From 1971–2001, women’s college athletic OF OHIO after denying their citizens the right to conduct participation increased by 403% and high IN THE HOUSE OF REPRESENTATIVES a referendum vote on acceptance of the UN plan for reunification of the island, the illegit- school girls’ athletic participation increased by Thursday, March 27, 2003 a whopping 847%. imate Turkish-Cypriot government has once This proves that women’s interest in sports Mr. GILLMOR. Mr. Speaker, it is with great again denied the will of its constituency. follows opportunity. pride that I rise today to pay special tribute to In response to Rauf Denktash’s refusal to Let us remember that the women of Amer- an outstanding gentleman, and good friend, allow a referendum vote, an opposition party ica comprise half of the population of this from Ohio. John Zimmerman has always ad- in Northern Cyprus, the United Cyprus Party, great country. We share the future with the mired the practice of law and has always en- planned to hold its own vote to explicitly dem- men of America. joyed doing it. After 52 years in the practice, onstrate the desire of Turkish-Cypriots for a The landmark Title IX legislation is the last- he is as upbeat about his work today as the resolution to the Cyprus Question. Under the ing memory of how tenaciously Congress- day he began. He opened his first office on direction of Mr. Denktash, the Turkish-Cypriot woman Patsy Mink fought to improve the lives April 15, 1951, on the second floor of the old police surrounded the village of Elia, and of girls for generations to come. Masterson’s building. Mr. Zimmerman was forcefully ensured that the vote could not take On behalf of many women and Asian Amer- elected shortly thereafter as Defiance City At- place. The General Secretary of the United ican organizations, I submit my position on torney and served in that capacity from 1952– Cyprus Party, Izzet lzcan, was arrested in the Title IX to the CONGRESSIONAL RECORD. 1955. Subsequent to his service as City Attor- incident along with five trade unionists.

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.049 E27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E611 Mr. Speaker, I ask that the Members of the According to the U.S. State Department’s Russian Government might better instruct its House of Representatives join me in con- Country Reports on Human Rights Practices military to stop terrorizing the civilian popu- demning these acts which took place at the for 2001, ‘‘The indiscriminate use of force by lation, prosecute human rights violators and hands of the illegal Turkish-Cypriot regime. government troops in the Chechen conflict re- rebuild Chechnya. Then perhaps it would not Mr. Denktash has already harmed the people sulted in widespread civilian casualties and have to hold referenda in Chechnya under he is supposed to represent by denying them the displacement of hundreds of thousands of armed guard. the opportunity to unite with their Greek-Cyp- persons, the majority of whom sought refuge f riot neighbors and join the European Union in in the neighbouring republic of Ingushetia. At- April, and it is absolutely detestable to see him tempts by government forces to regain control TRIBUTE TO VICKI DOUGLAS silencing the will of his citizens once again. I over Chechnya were accompanied by the in- urge my fellow colleagues to continue offering discriminate use of air power and artillery. HON. SHELLEY MOORE CAPITO their support to the people of Cyprus, and re- There were numerous reports of attacks by OF WEST VIRGINIA quest that the United Nations persevere in government forces on civilian targets, includ- IN THE HOUSE OF REPRESENTATIVES their efforts to bring about a fair and agreeable ing the bombing of schools and residential resolution to the longstanding division of the areas.’’ The report continues: ‘‘Command and Thursday, March 27, 2003 Republic of Cyprus. control among military and special police units Mrs. CAPITO. Mr. Speaker, I rise today in f often appeared to be weak, and a climate of honor of both a friend and constituent of mine, lawlessness, corruption, and impunity flour- the Honorable Vicki Douglas. Tonight, Vicki THE REFERENDUM IN CHECHNYA ished, which fostered individual acts by gov- Douglas is receiving the Distinguished Citizen ernment forces of violence and looting against Award from the Shenandoah Area Council, HON. CHRISTOPHER H. SMITH civilians.’’ Among the examples of such law- Boy Scouts of America, in Martinsburg, West OF NEW JERSEY lessness and impunity in the Country Reports Virginia for her years of continuous service to IN THE HOUSE OF REPRESENTATIVES were ‘‘. . . reports of mass graves and ‘dump- her community and state government. Thursday, March 27, 2003 ing grounds’ for victims allegedly executed by Serving as my first committee chair in the Russian forces in Chechnya’’ and ‘‘cleansing’’ West Virginia House of Delegates, Vicki was a Mr. SMITH of New Jersey. Mr. Speaker, last operations directed against guerrillas but re- colleague and a mentor. To this day, I value Sunday, while the world’s eyes were focused sulting in deaths and the disappearance of her leadership and tenacity and applaud her on the momentous events taking place in Iraq, non-combatants. dedication. Throughout her career, Ms. Doug- a constitutional referendum was held in the The State Department points out that las has worked tirelessly to bring women’s war-torn region of Chechnya. The referendum Chechen forces also committed serious issues to the forefront and promote the well was held as part of the Russian Government’s abuses: ‘‘According to unconfirmed reports, being of all West Virginians. attempt to ‘‘normalize’’ the situation in that tor- rebels killed civilians who would not assist It is a great honor to commend Ms. Douglas tured part of Russia’s North Caucasus. them, used civilians as human shields, forced on her service to the great state of West Vir- For the last ten years, Chechnya has been civilians to build fortifications, and prevented ginia and recognize this extraordinary achieve- the scene of a bloody war between armed refugees from fleeing Chechnya. In several ment. Chechen rebels and Russian military forces. cases, elderly Russian civilians were killed for f Hostilities were precipitated in late 1994 when, no apparent reason other than their ethnicity.’’ in the wake of Chechnya’s attempt to secede Against this unsettling backdrop, with an es- TRIBUTE TO MEMBERS OF OUR from the Russian Federation, Russian military timated 100,000 internally displaced persons ARMED FORCES SERVING OVER- forces launched a fullscale assault on the living in refugee camps in neighbouring SEAS Chechen capital of Grozny. There was a res- Ingushetia, and under the guns of approxi- tive peace from 1996 until the summer of mately 80,000 Russian soldiers in Chechnya, HON. CASS BALLENGER 1999, when the armed clashes erupted anew. the Chechen people have reportedly voted OF NORTH CAROLINA The roots of this conflict go back to Tsarist overwhelmingly for the proposed new constitu- IN THE HOUSE OF REPRESENTATIVES conquests in the 19th century and Stalin’s bru- tion. Nevertheless, it is difficult to believe that tal deportation of the Chechen people to Cen- a genuine assessment of the public will would Thursday, March 27, 2003 tral Asia during World War II. Unfortunately, have been determined under such cir- Mr. BALLENGER. Mr. Speaker, today I rise certain radical Islamic militant elements linked cumstances. I would ask the same question I to pay tribute to the members of our armed to international terrorism have become in- asked in a Helsinki Commission press release forces serving overseas, but I do not wish to volved on the Chechen side, though the State over a month ago: ‘‘Are we supposed to be- use words of my own. I want to use those of Department has stressed that not all lieve that this referendum will stabilize my constituent, Miss Lisa Seviers. Miss Chechens are terrorists. Chechnya while armed conflict between the Seviers is only ten years old, but her words Despite Moscow’s repeated claims that Russian military and Chechen fighters con- are of an understanding far greater than her heavy-handed Russian tactics in Chechnya tinue to produce death and destruction?’’ age. Miss Seviers wrote a poem which I would are part of the war against global terrorism, The well-respected Russian human rights like to share with you now: the situation is far more complex. Many group, Memorial, has charged that Chechens ‘‘THESE TROUBLED TIMES’’ Chechens have taken up arms against what were pressured to vote with the threat of los- In this time of 2003, a troubled year ahead we they believe is a repressive colonial power ing their pensions or humanitarian aid. A joint see, and wish to see Chechnya as an independent assessment mission of the Organization for But lose no confidence for we are strong, state that will be able to make the critical Security and Cooperation in Europe (OSCE) bounded by our choice regarding the future of its people. As is and the Council of Europe stated that ‘‘no Nation’s thoughts of liberty, justice and so frequently the case, the civilian population group has been able to campaign officially freedom for all. has suffered terribly from the war. While both against the referendum in the mass media or We are the ones who will stand tall, sides are guilty of violations of international distribute literature arguing against the ref- When and if the economy falls. humanitarian law, the Russian military and erendum,’’ although some opposition opinions We will not lose hope—we will hope even more. special operations units have been respon- were voiced in the media. Incidentally, in the Stand at the thought we are free, sible for numerous and well-documented in- concluding communique of the 1999 Istanbul No matter what happens in other countries. stances of gratuitous, brutal and mass vio- OSCE Summit, the Russian Government We will stand strong, we will not give in. lence against the civilian population. agreed that all sides should seek a political For the people of our land, we sent soldiers During my years in the leadership of the solution to the conflict, and avail themselves of out to fight. Commission on Security and Cooperation in the assistance of the OSCE. This commitment So fearless, bold and courageous. Europe, the Commission has conducted eight was seriously undermined when the Russian They are being sent to a new land, hearings and briefings on Chechnya. Wit- government evicted the OSCE Assistance Yet they show not signs of being afraid. We will pray to God to keep them safe. nesses, including a nurse who was present in Mission to Chechnya at the end of last year. If he will, we will praise the Lord. a Chechen town where some of the worst Mr. Speaker, the Bush Administration has If they don’t come back safe, most will say atrocities by Russian forces took place, have stated that ‘‘. . . we hope [the referendum] ‘‘Why did you take my loved one away?’’ described the appalling fate of the civilian pop- can be the basis for a political solution to that The answer hides on a coin: ‘‘In God We ulation. tragic conflict.’’ I find that rather optimistic. The Trust’’

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A27MR8.054 E27PT1 E612 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 Your answer is—we trust in God to keep vada, Colorado, who have dedicated their ices, and the Education Appropriations Sub- them safe lives to over five hundred orphans in Matoso, committee, Congressman Pursell oversaw For God is wise, and what you say is— Kenya. funding for all of the nation’s job training, ‘‘The best way to die is dying free.’’ Raising more than $300,000 a year through labor, health care, biomedical research, and I want to thank Miss Seviers for sending me private donations and small businesses, the education programs. Congressman Pursell her poem. I want to join with her and express Downeys are able to run a home and medical also served on the Appropriations Committee, my faith in our troops and my hope for their center for the children that is known as ‘‘the the Committee on Standards of Official Con- safe and speedy return. place of hope’’ or Lalmba to the people of duct, and the Energy and Water Development f Kenya. Appropriations Subcommittee during his ten- HONORING MARY IMBRIACO Stationed with the U.S. Army as a commu- ure. nications specialist in Africa over forty years Carl, who once graced this chamber with his ago, Hugh Downey knew little of Africa and intellect, wit, and kindness, has been, is now, HON. ROB SIMMONS the role he would play with Kenya’s children. and always will be a tremendous inspiration to OF CONNECTICUT Today, he and Marty spend six months out of our community back home, and to this Con- IN THE HOUSE OF REPRESENTATIVES the year raising 500 children in African grass gressman in particular. Thursday, March 27, 2003 huts and the other six months with their own Mr. Speaker, I extend my sincere apprecia- tion to former Congressman Carl D. Pursell for Mr. SIMMONS. Mr. Speaker, I rise today to grown children back in Colorado. his fine service to our country as he is in- honor Mrs. Mary Imbriaco of Groton, Con- Home to 2.2 million out of 3 million AIDS ducted into the Plymouth, Michigan Hall of necticut who is celebrating her 100th birthday victims, Africa has found itself in an epidemic Fame. on April 9, 2003. affecting both children and adults. In Kenya, Mary was born in Italy and traveled to the 190,000 deaths a year are caused by HIV/ f AIDS, so it is not surprising that the majority United States with her family at the age of 13. CONCERNING TREATMENT OF of the Downey’s orphans were born to parents She grew up in the town of Groton and be- MEMBERS OF ARMED FORCES who died from AIDS. The rate of Kenyans came a United States citizen in the 1930’s. HELD AS PRISONER OF WAR BY contracting the AIDS virus has doubled in the Dedicated to her family and her community, IRAQI AUTHORITIES Mary raised four children and worked almost past decade, and will continue to rise and af- her entire life, only retiring recently at the age fect children. SPEECH OF Of 85. Just 10 years ago she suffered a As AIDS continues to greatly affect the Afri- HON. JEB HENSARLING stroke. Her strong will and determination have can economy and society, Marty and Hugh Downey have been called upon to educate OF TEXAS helped her to triumph during this difficult time. IN THE HOUSE OF REPRESENTATIVES Today Mary resides in the same house that and house an increasing number of orphans. she has called her home since 1933. She has Many African adults, because they suffer from Wednesday, March 26, 2003 a passion for music and singing and brings AIDS, are unable to support their families—in Mr. HENSARLING. Mr. Speaker, today I many gifts to her community and her family. fact, their children are forced to drop out of urge all Americans to unite in support of our Mary’s life is an inspiration to all who know school and work to support their dying par- troops now engaged in battle in Iraq. her and I commend her on a lifetime of ents. As the cost for AIDS medication and Our Commander and Chief, with the ap- achievements. school fees increase, most children have no proval of Congress, called our armed forces Mr. Speaker, I would encourage the Mem- choice but to begin working at a young age. into action to disarm a rogue regime that bers of the House of Representatives to join By offering education and preventive AIDS threatens our freedom and security. me in celebration of Mary Imbriaco’s 100th medication for the children, the Downey’s are With our troops now in the line of fire, with birthday. She is a blessing to our community giving these Kenyan children the chance at a more than 28 Americans having made the ulti- and to this country. future. mate sacrifice for freedom, the time for protest Tanti Auguri! I ask my colleagues to join me in honoring has past. The time for unity has arrived. Marty and Hugh Downey for their dedication f We live in a free society where we all share and commitment to bettering the future for the right to debate the best policies for our na- SECURING BLESSINGS OF PROVI- over 500 African children with their creation of tion. And in a free society, each of us also has DENCE FOR PEOPLE OF THE Lalmba and to wish them continued success the right to assemble and to protest. These UNITED STATES AND OUR with their chosen mission of mercy and hope. are sacred rights. ARMED FORCES f But once our nation has decided to act through our democratic process, and once our SPEECH OF HONORING CONGRESSMAN CARL D. troops have been sent into harm’s way, the PURSELL UPON HIS INDUCTION time for debate and protest is over. HON. BARBARA LEE INTO THE PLYMOUTH, MICHIGAN OF CALIFORNIA Just as we share sacred rights, we also HALL OF FAME share sacred duties. Today, with American IN THE HOUSE OF REPRESENTATIVES troops in the field, we all share a duty to unite Wednesday, March 26, 2003 HON. THADDEUS G. McCOTTER behind them and ensure that our actions do Ms. LEE. Mr. Speaker, I hope and pray for OF MICHIGAN them no harm. the safe return of our troops, and I pray for IN THE HOUSE OF REPRESENTATIVES But if just one floor speech by a member of peace. I know that many other Americans do Thursday, March 27, 2003 Congress, just one acceptance speech by a as well. I do not believe, however, that it is the Hollywood director, or just one street protest place of government to tell Americans how or Mr. MCCOTTER. Mr. Speaker, I ask the causes Saddam Hussein and his forces to when to pray. Matters of faith are deeply per- House of Representatives to join me in recog- hold on for even one day longer, then those sonal, and it is one of the founding principles nizing former Congressman Carl D. Pursell, responsible will have done a terrible disservice of this government that the state should not in- who was recently inducted into the Plymouth, to those serving so bravely in our name. trude upon them. Michigan Hall of Fame. I would never question any American’s right Congressman Pursell’s career in public f to speak or protest, I only question the wis- service began as a member of the Wayne dom of doing so at this time. IN HONOR OF HUGH AND MARTY County Board of Commissioners. He was No matter what political beliefs we hold, we DOWNEY AND THE PLACE OF quickly elected to the Michigan State Senate, are all Americans—and those soldiers in uni- HOPE and subsequently to eight terms in the U.S. form fighting on the front lines are our brothers House of Representatives, where he held nu- and sisters, sons and daughters, mothers and HON. MARK UDALL merous leadership posts. fathers. OF COLORADO Congressman Pursell was a national figure Those who undertake further protests at this IN THE HOUSE OF REPRESENTATIVES in efforts to balance the budget. As Budget point only fuel the resolve of our enemy, and Task Force Chairman, he led the authorship of they must take full responsibility for their ac- Thursday, March 27, 2003 two federal budgets proposing no new taxes tions. Mr. UDALL of Colorado. Mr. Speaker, I rise and no new spending. As the Ranking Repub- Perhaps some need to be reminded why we today to honor Hugh and Marty Downey of Ar- lican on the Labor, Health and Human Serv- are fighting and what we are fighting against.

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A27MR8.058 E27PT1 March 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E613 Americans were sent to disarm an evil re- Congress of Republicans, the Republican Mrs. Schlafly has been a leader of the pro- gime that has stockpiled weapons of mass de- Women Federated, the Young Republicans family movement since 1972, when she start- struction that threaten the peace and security and the Lincoln Club. ed her national volunteer organization now of the free world. Judy Belty, a young soldier’s mother, was called Eagle Forum. In a ten-year battle, she 26,000 liters of anthrax. 38,000 liters of bot- so touched by the demonstration that she led the profamily movement to victory over the ulinum toxin. 500 tons of sarin, mustard gas, wrote the following letter to the editor of our principal legislative goal of the radical femi- and VX nerve agents; enough chemical and local paper, The Signal. I share it with my col- nists, called the Equal Rights Amendment. An biological weapons to kill millions of innocent leagues in hopes they will find it as inspiring articulate and successful opponent of the rad- people in a single act of terrorism. as I did. ical feminist movement, she appears in debate I agree with President Bush, the risk of EDITOR: As I was driving home today I saw on college campuses more frequently than doing nothing is far greater than the risk of about 100 people dressed in red, white and any other conservative. doing something. blue, waving flags, holding up signs and Mrs. Schlafly’s monthly newsletter called Americans were also sent to Iraq to end a cheering in support of our president and troops. Most of the cars passed by honking The Phyllis Schlafly Report is now in its 36th regime of terror. A regime that has used year. Her syndicated column appears in 100 chemical weapons on its own population, a re- their horns in support of the waving display. 1 wanted to stop right there, get out of my newspapers, her radio commentaries are gime that has made rape and torture an in- car and hug the first person I ran into. I heard daily on 460 stations, and her radio talk strument of public policy. wanted to say ‘‘thank you’’ for being a voice show on education called ‘‘Phyllis Schlafly Just ask 68-year-old mother, Zahra Khafi, for my boy. Live’’ is heard weekly on 45 stations. Both can recently liberated by American forces, whose I am the mom of an Army 82nd Airborne be heard on the internet. 28-year-old son was summarily executed two medic soldier and my heart has been heavy In addition, she is the author or editor of 21 years ago by Saddam Hussein’s regime for with the rhetoric that has been voiced in the books on subjects as varied as family (The merely practicing his religion, a branch of name of ‘‘peace.’’ I think I can safely say Power of the Positive Woman) and feminism Islam out of official favor. She greeted our that none of us wants war, not even Presi- dent Bush. But it is no secret that our coun- (Feminist Fantasies), nuclear strategy (Strike troops saying, ‘‘peace be upon you, peace be try’s freedom has always had a cost. From Space and Kissinger on the Couch), upon you.’’ Since 9–11, I have been asked often if I ‘‘Should I be afraid?’’ she said, wiping her education (Child Abuse in the Classroom), and think we should go to war. I think most ex- child care (Who Will Rock the Cradle?). Her eyes. ‘‘Is Saddam coming back?’’ pect me to say no, because I am a soldier’s Ask All Khemy, who said after the 1st Ma- mom. Well, as a mom, I don’t want my son recent book, Turbo Reader, is a system to en- rine Expeditionary Unit liberated his village, or any other young person to have to experi- able every parent to teach his child to read. ‘‘Americans very good . . . Iraq wants to be ence what may be ahead. As an American, I Mrs. Schlafly is a Phi Beta Kappa graduate free.’’ want to keep my right to speak my opinion, of Washington University, received her J.D. to practice my Christian faith, to display my President Ronald Reagan once said ‘‘no from Washington University Law School, and country’s flag, to make choices for my life received her Master’s in Political Science from weapon in the arsenals of the world is so for- that are usually politically incorrect,’’ and midable as the will and moral courage of free even to write this letter. I want to be able to Harvard University. She is a lawyer who men and women.’’ The minions of tyranny and ride up an elevator and believe I am safe, to served on the Commission on the Bicentennial evil are learning that lesson today. board a plane and reach my destination. of the U.S. Constitution appointed by Presi- Our nation has met much greater chal- More importantly, I want this freedom for dent Reagan, has testified before more than lenges and we have faced darker days. During our children. 50 Congressional and State Legislative com- the Civil War when brother fought brother, I drove by the supporting display about mittees on constitutional, national defense, President Abraham Lincoln solemnly stated, ‘‘I three times, and each time I was stirred with and family issues. emotion. I wished my son could see the sup- have often been driven to my knees with the port for what he is doing. When I hear others The mother of six children and an Illinois overwhelming conviction I had no where else speak against the war, I wonder if they real- Mother of the Year, Mrs. Schlafly is America’s to go.’’ ly remember the human lives stationed all best-known advocate of the dignity and honor I believe now is a good time for all Ameri- over the world for them? that we as a society owe to the role of fulltime cans to be driven to our knees and pray for a The military is not paradise. It’s not all homemaker. speedy victory . . . pray for our men and fun and games. My son has been to the Mid- dle East and will probably be returning again Phyllis Schlafly was honored in 2002 by women in uniform, and pray for a peaceful Focus on the Family as the Mother of the world no longer threatened with weapons of within a few months. I have so much com- passion in my heart for the moms of sons Profamily Movement, and in 2003) she was mass destruction. who were in combat, for the spouses of sol- the honoree at dinners hosted by the Council Our cause is just. Our victory is inevitable. diers, and the children. for National Policy and the Conservative Polit- Freedom will prevail. But we must all must Do I want war? No, but I want peace and ical Action Committee. She has since 1972 unite behind our troops today. freedom. Do I want my son to go to war? Of traveled at least annually to Alabama to de- f course not, but I am extremely proud of him bate and speak eloquently on issues that af- and his fellow comrades for valuing my life CONCERNING TREATMENT OF over their own. fect the family. MEMBERS OF ARMED FORCES So to those of you that stood out there, The Alabama Policy Institute, Christian Coa- HELD AS PRISONER OF WAR BY thank you. Thank you for helping people re- lition of Alabama, and the Southeast Law Insti- IRAQI AUTHORITIES member that regardless of whether you agree tute have joined the Eagle Forum of Alabama with war, there are real men and women, our to honor Mrs. Schlafly and express their admi- troops, in need of our love, our support, our SPEECH OF ration, appreciation, and affirmation of her ex- words of encouragement. Thank you and HON. HOWARD P. ‘‘BUCK’’ McKEON please, God in heaven, bless America. emplary service to God, family and country. As President Ronald Reagan said: ‘‘Our nation OF CALIFORNIA f needs the kind of volunteer service you and IN THE HOUSE OF REPRESENTATIVES HONORING PHYLLIS SCHLAFLY Eagle Forum have demonstrated . . .’’ And as Wednesday, March 26, 2003 American Conservative Union Chairman David Mr. MCKEON. Mr. Speaker, on Saturday, HON. ROBERT B. ADERHOLT Keene said in a statement this year about Mrs. Schlafly: ‘‘If there are giants among us, March 8th, citizens of the Santa Clarita Valley OF ALABAMA you are certainly one. The movement of which gathered at a busy intersection to show their IN THE HOUSE OF REPRESENTATIVES support for our American troops and for Presi- we are all part would never have achieved the dent Bush. Over a period of several hours, Thursday, March 27, 2003 successes it has without you . . . you had the hundreds of people of all ages participated. Mr. ADERHOLT. Mr. Speaker, I rise today courage to be ‘conservative before it was Carrying signs and waving flags, they elicited to honor the work of a great American, Phyllis cool’. . . the fact that so many young people a steady chorus of honking and cheering from Schlafly. Mrs. Schlafly was named one of the are attracted to our banner today is a tribute passing motorists. 100 most important women of the 20th century to your work.’’ Barbara Barrick, Elizabeth Makous, Stacy by the Ladies’ Home Journal, and has been a I stand with these groups and individuals to and Brad Meyer, Denise Grimes and Betty national leader of the conservative movement honor Phyllis Schlafly for her service to our Lanning planned this wonderful display of pa- since the publication of her bestselling 1964 country and culture, and her commitment to triotism with assistance from the Santa Clarita book, A Choice Not An Echo. conservative family values.

VerDate Jan 31 2003 06:18 Mar 28, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A27MR8.064 E27PT1 E614 CONGRESSIONAL RECORD — Extensions of Remarks March 27, 2003 HONORING EDITH PALMER ON THE CONCURRENT RESOLUTION ON penny stolen through fraud or abuse is money OCCASION OF HER RETIREMENT THE BUDGET FOR FISCAL YEAR robbed from veterans—and none of us will tol- FROM THE SPRINGVILLE 2004 erate this. LEAGUE FOR THE HANDICAPPED I also support this budget’s call to cut one SPEECH OF cent on the dollar from other federal agencies HON. TIM MURPHY by reducing fraud, waste, and abuse. I believe HON. THOMAS M. REYNOLDS we can find these savings and, as a taxpayer, OF PENNSYLVANIA I believe we are obligated to try. We must en- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES sure, down to the last penny, that every tax IN THE HOUSE OF REPRESENTATIVES Thursday, March 20, 2003 dollar is spent wisely and efficiently. The House in Committee of the Whole I urge my colleagues to vote in favor of pro- Thursday, March 27, 2003 House on the State of the Union had under tecting Medicare, providing funds for a Medi- consideration the concurrent resolution (H. care prescription drug benefit, and increasing Mr. REYNOLDS. Mr. Speaker, I rise today Con. Res. 95) establishing the congressional spending on veterans’ health care needs. to recognize and honor a remarkable and de- budget for the United States Government for f voted individual. Tomorrow, Edith Palmer will fiscal year 2004 and setting forth appropriate be honored by her community on the occasion budgetary levels for fiscal years 2003 and 2005 INTRODUCTION OF H.R. 1462, THE INTERNATIONAL DISABILITIES of her retirement from the Springville League through 2013: Mr. MURPHY. Mr. Chairman, I rise today in AND VICTIMS OF WARFARE AND for the Handicapped and Preschool Learning CIVIL STRIFE ASSISTANCE ACT Center. support of the fiscal year 2004 budget resolu- tion. I would like to thank the gentleman from OF 2003 For 43 years, Edie has been the heart and Iowa for his hard work on the budget resolu- soul of a facility that has given new hope to tion. Over the last several days, I’ve met with HON. TOM LANTOS parents and new opportunities for the more House Leadership to voice my concerns with OF CALIFORNIA than 160 preschool children who come this resolution. Although this budget does not IN THE HOUSE OF REPRESENTATIVES through its doors each year. I know that not have everything in it I am requesting, it is Thursday, March 27, 2003 only because Edie lives in my hometown, but showing considerable momentum in the right Mr. LANTOS. Mr. Speaker, today I am intro- also because I am one of those parents. direction. ducing H.R. 1462, the International Disabilities Most Americans agree that the federal gov- and Victims of Warfare and Civil Strife Assist- In May, 1960, Edie answered a newspaper ernment must tighten its fiscal belt. This budg- ad calling together parents of disabled children ance Act of 2003. Mr. Speaker, as we speak et controls federal spending, while also ensur- thousands of young men and women in our to meet and discuss the special educational ing that priority items are adequately funded. Armed Forces are beginning the long process needs of their children. These concerned par- This budget protects the Medicare program of transforming Iraq and the entire Middle East ents first met under a tree on East Avenue, while also beginning the process of reforming by risking their lives in the desert plains before where they planted the seeds for what has be- the system. This budget also provides $400 Baghdad. These brave members of our Armed come one of the premiere educational facilities billion over ten years to provide a prescription Forces are facing many threats—threats from for handicapped and learning disabled children drug benefit. I strongly support this funding, Iraqi’s Fedayeen, who violate international hu- in all of New York state. and I will continue to work for a Medicare pre- manitarian law by pretending to surrender and scription drug benefit for Pennsylvania’s sen- then attacking our troops, from weapons of Edie’s devotion to the Springville League for iors. mass destruction and from landmines. Mr. the Handicapped began from her own experi- This budget protects our veterans. Although Speaker, I understand that already many of ence as the parent of a hearing disabled son. earlier drafts of this resolution provided lower our casualties are related to these devices or Like other parents of handicapped children in levels of veterans’ funding than in the Presi- have injuries similar to those inflicted by these the 1950’s, Edie felt, as she said in her own dent’s fiscal year 2004 Budget, I strongly ad- weapons. words, ‘‘adrift on the ocean with no help on vocated the need for higher levels in my dis- The bill I am introducing today is intended to the horizon.’’ cussions with Leadership and the Committee. help those who face identical injuries. The suf- This resolution matches the President’s pro- That first day, Edie volunteered to handle all fering of individuals with disabilities and the in- posed 6.1 percent increase in veterans’ dis- nocent victims of landmines, civil strife and the group’s secretarial work, and later that cretionary spending over fiscal year 2003, and warfare—men, women and children who often year became Board Secretary for their volun- a 7.5 percent increase in mandatory outlays. I lead shattered lives—transcends any politics. teer board of directors—a post she would hold would like to thank the Chairman for his com- An often-difficult life in the developing world is for 20 years. For its first dozen years, the mitment to veterans, and for promising to sup- instantly made nearly impossible, for example, League provided volunteer help for children, port even higher levels of funding during con- as a landmine indiscriminately transforms a using donated space, volunteer staff and pro- ference negotiations. productive member of a village, an irreplace- viding help to children at no cost to their par- I have met with numerous veterans in my able provider for a family, a child hoping for a ents. district and across Pennsylvania. Let me reas- better life, a young woman looking forward to sure those who served our country that I will marriage and children, into a crippled, demor- Thanks, in part, to Edie’s leadership, dedi- continue to support stronger funding for vet- alized person who is often shunned as a liabil- cation and passion, the Springville League for erans, especially in the area of health benefits. ity by his or her society. Persons with disabil- the Handicapped and Preschool Center More needs to be done. For example, wait ities—either from birth, accidents, civil strife or opened the doors of its own facility in 1987; times for veterans seeking medical care re- other means—are marginalized, often without and today employs 95 people, serving 160 main much too long. But this budget is not the any hope of leading useful and productive disabled preschool children each year. Earlier end of the road on veterans’ funding, and, as lives. this year, Edie Palmer was named the Spring- the only Pennsylvania Member of the Vet- The United States provides some assist- ville Chamber of Commerce ‘‘Citizen of the erans’ Affairs Committee, I will continue to ance for rehabilitation and societal reintegra- Year,’’ an honor well deserved. work on this. tion of individuals suffering from disabilities That Committee and several veterans’ and landmine victims, but so much more Mr. Speaker, I ask that this Congress join groups are working together to identify waste, needs to be done; currently, only about 10 me in saluting Edie Palmer for her 43 years of fraud and abuse to ensure that the VA is percent of U.S. assistance to address the service to the Springville League for the using its resources efficiently. For example, landmine problem actually helps survivors. Handicapped and Preschool Learning Center. the VA Inspector General has identified more The International Disabilities and Victims of As a parent, I can personally attest to the tre- than 5,500 cases of individuals who may be Warfare and Civil Strife Assistance Act of mendous difference that she has made in the defrauding the VA by receiving benefits in- 2003 grants the President new statutory au- lives of children and families in Western New tended for veterans who have died. The VA thority to conduct international disability and York, and I am proud and grateful to be able has recovered $4.7 million from these cases. landmine victim programs, primarily through We must also update and improve purchasing private organizations; authorizes and coordi- to call her my friend. procedures such as for medical supplies and nates related activities of appropriate U.S. prescription drugs. Every dollar wasted, every agencies; and authorizes increased funding

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levels for such programs. Let me make one and children who face disabilities throughout well as the Senate cosponsors, Senator SAM additional point, Mr. Speaker, this bill is not their lives. BROWNBACK and Senator HILLARY CLINTON, about questions regarding the ban on land- I want to thank my cosponsor and cochair- who have been leaders in this area. mines. It is simply a humanitarian measure man of the Congressional Human Rights Cau- cus, my good friend from Virginia, FRANK I urge swift consideration and enactment of designed to help the innocent men, women WOLF for making this bipartisan legislation, as this legislation.

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HIGHLIGHTS Senate agreed to S. Con. Res. 30, Commending Coalition to Disarm Iraq. Senate passed H.R. 1307, Armed Forces Tax Fairness Act. The House passed S. 151, after amending it to contain the text of H.R. 1104, Child Abduction Prevention Act, as passed the House. The House then insisted on its amendments and requested a conference with the Senate. Senate Veterans’ Memorial Preservation and Recogni- Chamber Action tion Act: Senate passed S. 330, to further the protec- Routine Proceedings, pages S4459–S4540 tion and recognition of veterans’ memorials. Measures Introduced: Nineteen bills and one reso- Page S4539 lution were introduced, as follows: S. 724–742, and Tributes to Daniel Patrick Moynihan—Agree- S. Con. Res. 31. Page S4512 ment: A unanimous-consent agreement was reached Measures Reported: providing that tributes to Daniel Patrick Moynihan, Special Report entitled ‘‘History, Jurisdiction, and late a Senator from New York, be printed as a Sen- a Summary of Activities of the Committee on En- ate document, and that Members have until 12 ergy and Natural Resources During the 107th Con- noon, Friday, April 11, to submit said tributes. gress’’. (S. Rept. No. 108–30) Page S4511 Pages S4474–75 Measures Passed: Nomination—Agreement: A unanimous-consent agreement was reached providing for consideration of Commending Coalition to Disarm Iraq: By a the nomination of Theresa Lazar Springmann, to be unanimous vote of 97 yeas (Vote No. 109), Senate United States District Judge for the Northern Dis- agreed to S. Con. Res. 30, expressing the sense of trict of Indiana, at 6 p.m., on Monday, March 31, Congress to commend and express the gratitude of 2003, with a vote to occur on confirmation of the the United States to the nations participating with nomination. Page S4539 the United States in the Coalition to Disarm Iraq. Pages S4483–90 Nomination—Agreement: A unanimous-consent- time agreement was reached providing for consider- Armed Forces Tax Fairness Act: By a unanimous ation of the nomination of Timothy M. Tymkovich, vote of 97 yeas (Vote No. 110 ), Senate passed H.R. of Colorado, to be United States Circuit Judge for 1307, to amend the Internal Revenue Code of 1986 the Tenth Circuit, at 9:30 a.m., on Tuesday, April to provide a special rule for members of the uni- 1, 2003; that there be 6 hours for debate, and the formed services in determining the exclusion of gain Senate then vote on confirmation of the nomination. from the sale of a principal residence and to restore Pages S4539–40 the tax exempt status of death gratuity payments to members of the uniformed services, after agreeing to Nominations Confirmed: Senate confirmed the fol- the following amendment proposed thereto: lowing nominations: Pages S4472–83, S4490–95 By unanimous vote of 97 yeas (Vote No. Ex. 111), Baucus (for Grassley/Baucus) Amendment No. James V. Selna, of California, to be United States 433, in the nature of a substitute. Pages S4478–80 District Judge for the Central District of California. Pages S4496, S4540

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VerDate Jan 31 2003 06:52 Mar 28, 2003 Jkt 019061 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27MR3.REC D27MR3 March 27, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D309 Vernon Bernard Parker, of Arizona, to be an As- wartime supplemental appropriations, for the fiscal sistant Secretary of Agriculture. (New Position) year ending September 30, 2003, after receiving tes- Page S4540 timony from Tom Ridge, Secretary of Homeland Se- Philip P. Simon, of Indiana, to be United States curity; and Donald Rumsfeld, Secretary of Defense. District Judge for the Northern District of Indiana. Pages S4496–97, S4540 APPROPRIATIONS: GAO/GPO/CBO Nominations Received: Senate received the fol- Committee on Appropriations: Subcommittee on Legisla- lowing nominations: tive Branch concluded hearings to examine proposed Charles W. Grim, of Oklahoma, to be Director of budget estimates for fiscal year 2004 for the General the Indian Health Service, Department of Health Accounting Office, Government Printing Office, and and Human Services, for a term of four years. Congressional Budget Office, after receiving testi- John A. Woodcock, Jr., of Maine, to be United mony from David Walker, Comptroller, General Ac- States District Judge for the District of Maine. counting Office; Bruce James, Public Printer, Gov- Mark R. Kravitz, of Connecticut, to be United ernment Printing Office; and Douglas Holtz-Eakin, States District Judge for the District of Connecticut. Director, Congressional Budget Office. L. Scott Coogler, of Alabama, to be United States NATO District Judge for the Northern District of Alabama. Page S4540 Committee on Armed Services: Committee concluded hearings to examine the future of the North Atlantic Messages From the House: Pages S4510–11 Treaty Organization (NATO), after receiving testi- Measures Referred: Page S4510 mony from Marc I. Grossman, Under Secretary of Measures Placed on Calendar: Page S4511 State for Political Affairs; and Douglas J. Feith, Under Secretary of Defense for Policy. Executive Reports of Committees: Pages S4511–12 Additional Cosponsors: Pages S4512–14 DISABLED MILITARY RETIREES Statements on Introduced Bills/Resolutions: Committee on Armed Services: Subcommittee on Per- Pages S4514–32 sonnel concluded hearings to examine proposed leg- islation authorizing funds for fiscal year 2004 for the Additional Statements: Pages S4509–10 Department of Defense, focusing on compensation Amendments Submitted: Pages S4532–38 for disabled military retirees, after receiving testi- Authority for Committees to Meet: Pages S4538–39 mony from Senator Reid; Charles S. Abell, Principal Deputy Under Secretary of Defense for Personnel and Privilege of the Floor: Page S4539 Readiness; Daniel L. Cooper, Under Secretary of Vet- Record Votes: Three record votes were taken today. erans Affairs for Benefits; Sarah T. Jennings, Prin- (Total—111) Pages S4489–90, S4496 cipal Analyst, Defense Cost Estimate Unit, Congres- Adjournment: Senate met at 10 a.m., adjourned at sional Budget Office; Carolyn L. Merck, former Spe- 6:46 p.m., until 3 p.m., on Monday, March 31, cialist in Social Legislation, Congressional Research 2003. (For Senate’s program, see the remarks of the Service, Library of Congress; Cynthia A. Bascetta, Majority Leader in today’s Record on page S4540.) Director, Education, Work, and Income Security Issues, General Accounting Office; Colonel Steve Strobridge, USAF (Ret.), Military Officers Associa- Committee Meetings tion of America, Alexandria, Virginia; Master Gun- (Committees not listed did not meet) nery Sergeant Benjamin H. Butler, USMC (Ret.), National Association for the Uniformed Services, APPROPRIATIONS: DEPARTMENT OF Springfield, Virginia; and G. Michael Schlee, Amer- EDUCATION ican Legion National Headquarters, Indianapolis, In- Committee on Appropriations: Subcommittee on Labor, diana. Health and Human Services, and Education, and Re- DEFENSE AUTHORIZATION: lated Agencies concluded hearings to examine pro- WARFIGHTERS posed budget estimates for fiscal year 2004 for the Department of Education, after receiving testimony Committee on Armed Services: Subcommittee on Stra- from Roderick Paige, Secretary of Education. tegic Forces concluded closed hearings to examine proposed legislation authorizing funds for fiscal year SUPPLEMENTAL APPROPRIATIONS 2004 for the Department of Defense, focusing on in- Committee on Appropriations: Committee concluded telligence support to warfighters, after receiving tes- hearings to examine proposed legislation making timony from Stephen A. Cambone, Under Secretary

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of Defense for Intelligence; Joan A. Dempsey, Dep- cago, Illinois, on behalf of the Electric Power Supply uty Director of Central Intelligence for Community Association; and Phil Tollefson, Colorado Springs Management; Lieutenant General Robert W. Utilities, Colorado Springs, Colorado. Noonan, Jr., USA, Deputy Chief of Staff for Intel- NATO ENLARGEMENT ligence, Department of the Army; Rear Admiral Richard B. Porterfield, USN, Director of Naval In- Committee on Foreign Relations: Committee held hear- telligence, Department of the Navy; Major General ings to examine North Atlantic Treaty Organization Ronald F. Sams, USAF, Director of Intelligence, Sur- (NATO) enlargement, focusing on qualifications and veillance and Reconnaissance, Department of the Air contributions, accession protocols, and the NATO Force; and Brigadier General Michael E. Ennis, Response Force, receiving testimony from Ian USMC, Director of Intelligence, Headquarters, Ma- Brzezinski, Deputy Assistant Secretary of Defense for rine Corps. European and NATO Affairs; Heather A. Conley, Janet L. Bogue, and Robert A. Bradtke, each a Dep- HUMAN CLONING uty Assistant Secretary of State for European and Committee on Commerce, Science, and Transportation: Sub- Eurasian Affairs. committee on Science, Technology, and Space con- Hearings continue on Tuesday, April 1. cluded hearings to examine implications of cloning on women’s health, focusing on reproductive tech- HIV/AIDS nology, experimentation, and egg donations, after re- Committee on Health, Education, Labor, and Pensions: ceiving testimony from Senator Landrieu; R. Alta Committee concluded hearings to examine the Fed- Charo, University of Wisconsin Law and Medical eral role in combating the global transmission of Schools, Madison; Andrew Kimbrell, International AIDS in Africa, focusing on issues relating to re- Center for Technology Assessment, and Richard search, prevention, care and treatment, HIV trans- Doerflinger, United States Conference of Catholic mission through unsafe medical practices, and global Bishops, both of Washington, D.C.; Maria del Car- control of tuberculosis and malaria, after receiving men Bustillo, South Florida Institute for Reproduc- testimony from Claude A. Allen, Deputy Secretary of tive Medicine, Miami; Lynne Millican, Boston, Mas- Health and Human Services; Maria J. Wawer, Co- sachusetts; and John T. Bruchalski, Fairfax, Virginia. lumbia University Mailman School of Public Health, ELECTRIC INDUSTRY Rakai District, Uganda; and David Gisselquist, Her- shey, Pennsylvania. Committee on Energy and Natural Resources: Committee concluded hearings to examine various electricity NOMINATIONS proposals including S.475, to reform the nation’s Committee on the Judiciary: Committee ordered favor- outdated laws relating to the electric industry, im- ably reported the nominations of Priscilla Richman prove the operation of our transmission system, en- Owen, of Texas, to be United States Circuit Judge hance reliability of our electric grid, increase con- for the Fifth Circuit, Mary Ellen Coster Williams, of sumer benefits from whole electric competition, and Maryland, and Victor J. Wolski, of Virginia, each to restore investor confidence in the electric industry, be a Judge of the United States Court of Federal after receiving testimony Pat Wood III, Chairman, Claims, Ricardo H. Hinojosa, of Texas, and Michael Nora Mead Brownell, Commissioner, William E. Horowitz, of Maryland, each to be a Member of Massey, Commissioner, all of the Federal Energy the United States Sentencing Commission, and Regulatory Commission; P.G. Para, Jacksonville McGregor William Scott, to be United States Attor- Electric Authority, Jacksonville, Florida; Ray Gif- ney for the Eastern District of California, Depart- ford, Progress and Freedom Foundation, David S. ment of Justice. Svanda, National Association of Regulatory and Util- ity Commissioners, John Anderson, Electricity Con- NOMINATIONS sumers Resource Council, H. Allen Franklin, South- Committee on the Judiciary: Committee concluded ern Company, Alan H. Richardson, American Public hearings on the nominations of Edward C. Prado, of Power Association, all of Washington, D.C.; Gerald Texas, to be United States Circuit Judge for the Norlander, National Association of State Utility Fifth Circuit, who was introduced by Senator Consumer Advocates, Silver Spring, Maryland; Phil- Cornyn, Richard D. Bennett, to be United States lip G. Harris, PJM Interconnection, LLC, Norris- District Judge for the District of Maryland, who was town, Pennsylvania; James P. Torgerson, Midwest introduced by Senators Sarbanes and Mikulski, Dee Independent Transmission System Operator, Inc., In- D. Drell, to be United States District Judge for the dianapolis, Indiana; Glenn English, National Rural Western District of Louisiana, who was introduced Electric Cooperative Association, Arlington, Vir- by Senator Landrieu and Representative Tauzin, J. ginia; Elizabeth A. Moler, Exelon Corporation, Chi- Leon Holmes, to be United States District Judge for

VerDate Jan 31 2003 06:52 Mar 28, 2003 Jkt 019061 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D27MR3.REC D27MR3 March 27, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D311 the Eastern District of Arkansas, who was introduced of Virginia, each to be a Judge of the United States by Senators Lincoln and Pryor, and Susan G. Braden, Court of Federal Claims, who were both introduced of the District of Columbia, and Charles F. Lettow, by Senator Bingaman. h House of Representatives of conference to offer and debate amendments at all Chamber Action meetings and that all meetings be open to the pub- Measures Introduced: 48 public bills, H.R. lic and media and be held in venues selected to 1458–1505; 2 private bills, H.R. 1506–1507; and 8 maximize the capacity for attendance of the public resolutions, H. Con. Res. 124–129, and H. Res. and the media. Page H2443 165–166, were introduced. Pages H2470–72 Pursuant to the rule the amendment in the nature Additional Cosponsors: Pages H2472–74 of the substitute recommended by the Committee on the Judiciary now printed in the bill (H. Rept. Reports Filed: Reports were filed today as follows: 108–47 Part I) shall be considered as an original bill H.R. 735, to amend chapter 83 of title 5, United for the purpose of amendment. Pages H2416–18 States Code, to reform the funding of benefits under Agreed To: the Civil Service Retirement System for employees of the United States Postal Service, amended (H. Rept. Pence amendment No. 1 printed in H. Rept. 108–49); 108–48 that makes it a criminal act to knowingly use a misleading domain name with the intent to H.R. 522, to reform the Federal deposit insurance deceive a person into viewing obscenity on the Inter- system, amended (H. Rept. 108–50); and H.R. 21, net or knowingly deceive a minor into viewing ma- to prevent the use of certain bank instruments for terial that is harmful to minors; Pages H2418–20 unlawful Internet gambling (H. Rept. 108–51 Pt. Feeney amendment No. 2 printed in H. Rept. 1). Page H2470 108–48 that places strict limits on departures from Guest Chaplain: The prayer was offered by the Federal sentencing guidelines (agreed to by recorded guest Chaplain, Sister Benedict Kesock, O.S.B., vote of 357 ayes to 58 noes with 1 voting ‘‘present’’, Principal, St. Charles School of Arlington, Virginia. Roll No. 87); Pages H2420–24, H2436 Page H2403 Pomeroy amendment No. 3 printed in H. Rept. Child Abduction Prevention Act: The House 108–48 that reauthorizes grant programs within the passed H.R. 1104, to prevent child abduction by re- victims of Child Abuse act that provide funding to corded vote of 410 ayes to 14 noes, Roll No. 89. child advocacy centers; Pages H2424–25 Subsequently the House passed S. 151, a similar Foley amendment No. 4 printed in H. Rept. Senate passed measure, after amending it to contain 108–48 that requires the AMBER alert coordinator the text of H.R. 1104, as passed the House. Agreed to submit a report by March 1, 2005 on the effec- to amend the title so as to read: ‘‘an Act to prevent tiveness of the AMBER Alert plans and establishes child abduction and the sexual exploitation of chil- a $5 million grant program to implement new tech- dren, and for other purposes.’’ H.R. 1104 was then nologies; Pages H2425–26 laid on the table. Pages H2405–2443 Carter amendment No. 5 printed in H. Rept. The House then insisted on its amendments and 108–48 that provides for a feasibility study of issues requested a conference with the Senate. Appointed as relating to background checks for volunteers of conferees from the Committee on the Judiciary, for groups that work with children, the disabled, and consideration of the Senate bill and the House the elderly; Pages H2426–27 amendments, and modifications committed to con- Lampson amendment No. 6 printed in H. Rept. ference: Chairman Sensenbrenner and Representatives 108–48 that gives jurisdiction to the U.S. Secret Coble, Smith of Texas, Green of Wisconsin, Hart, Service to continue to provide forensic and investiga- Conyers, and Scott of Virginia. Appointed as con- tive support upon request from local law enforce- feree, Representative Frost for consideration of the ment or from the National Center for Missing and Senate bill and House amendments, and modifica- exploited children; Pages H2427–28 tions committed to conference. Page H2443 Acevedo-Vila´ amendment No. 7 printed in H. Agreed to the Scott motion to instruct conferees Rept. 108–48 that requires certain procedures to be to allow opportunity for members of the committee established and followed when a child is reported

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lost or missing in a public building, commonly Adjournment: The House met at 10 a.m. and ad- known as ‘‘Code Adam’’; Pages H2428–29 journed at 5:27 p.m. Smith of Texas amendment No. 8 printed in H. Rept. 108–48 that narrows the definition of child Committee Meetings pornography and creates new obscenity offenses to cover virtual and real child pornography that in- COMMERCE, JUSTICE, AND STATE, THE volves visual depictions of prepubescent children and JUDICIARY AND RELATED AGENCIES minors (agreed to by recorded vote of 406 ayes to APPROPRIATIONS 15 noes, Roll No. 88). Pages H2429–37 Committee on Appropriations: Subcommittee on Com- The Clerk was authorized to make technical cor- merce, Justice and State, the Judiciary and Related rections and conforming changes in the engrossment Agencies held a hearing on the FBI, the Federal Ju- of the bill. Page H2440 diciary, and the U.S. Marshals Service. Testimony H. Res. 160, the rule that provided for consider- was heard from the following officials of the Depart- ation of the bill was agreed to on March 26. ment of Justice: Robert S. Mueller III, Director, FBI; Suspensions: The House agreed to suspend the rules and Benigno G. Reyna, Director, U.S. Marshals Serv- and pass the following motions that were debated on ice; Judge John G. Heyburn II, U.S. District Court, March 26: Western District of Kentucky; and Leonidas Ralph Mecham, Director, Administrative Office of the U.S. Public Need for Fasting and Prayer: H. Res. Courts. 153, recognizing the public need for fasting and prayer in order to secure the blessings and protection DEFENSE APPROPRIATIONS of Providence for the people of the United States and Committee on Appropriations: Subcommittee on Defense our Armed Forces during the conflict in Iraq and held a hearing on Fiscal Year 2003 Emergency Sup- under the threat of terrorism at home (agreed to by plemental. Testimony was heard from the following 2/3 yea-and-nay vote of 346 yeas to 49 nays with 23 officials of the Department of Defense: Donald H. voting ‘‘present’’, Roll No. 90); and Pages H2438–39 Rumsfield, Secretary; Paul D.Wolfowitz, Deputy Treatment of Prisoners of War Held by Iraqi Secretary; Dov S. Zakheim, Under Secretary, Comp- Authorities: H. Con. Res. 118, concerning the treat- troller; Gen. Richard B. Meyers, USAF, Chairman; ment of members of the Armed Forces held as pris- and Lt. Gen. James E. Cartwright, USMC, Director, oner of war by Iraqi authorities (agreed to by 2/3 Force Structure, Resources and Assessment, both yea-and-nay vote of 419 yeas with none voting with the Joint Chiefs of Staff. ‘‘nay’’, Roll No. 91). Pages H2439–40 FOREIGN OPERATIONS, EXPORT Legislative Program: The Majority Leader an- FINANCING, AND RELATED PROGRAMS nounced the Legislative Program for the week of APPROPRIATIONS March 31. Page H2444 Committee on Appropriations: Subcommittee on Foreign Meeting Hour—Monday, March 31: Agreed that Operations, Export Financing, and Related Programs when the House adjourns today, it adjourn to meet held a hearing on Supplemental Request for Iraq and at 12:30 p.m. on Monday, March 31. Page H2446 the Global War on Terrorism. Testimony was heard from the following officials of the Department of Calendar Wednesday: Agreed to dispense with the State: Richard L. Armitage, Deputy Secretary; and Calendar Wednesday business of Wednesday, April Andrew S. Natsios, Administrator, AID. 2. Page H2446 Rules Committee Resolution: Agreed that H. Res. HOMELAND SECURITY APPROPRIATIONS 152, waiving a requirement of clause 6(a) of rule Committee on Appropriations: Subcommittee on Home- XIII with respect to consideration of certain resolu- land Security held a hearing on Border Security and tions reported from the Committee on Rules be laid Transportation Security. Testimony was heard from on the table. Page H2444 the following officials of the Department of Home- Senate Messages: Message received from the Senate land Security: Asa Hutchinson, Under Secretary, Border Security; and James M. Loy, Assistant Sec- today appears on page H2438. retary, Transportation Security Administration. Quorum Calls—Votes: Two yea-and-nay votes and three recorded votes developed during the pro- LABOR, HHS, EDUCATION AND RELATED ceedings of the House today and appear on pages AGENCIES APPROPRIATIONS H2436, H2437, H2438, H2438–39, H2439–40. Committee on Appropriations: Subcommittee on Labor, There were no quorum calls. Health and Human Services, Education and Related

VerDate Jan 31 2003 06:52 Mar 28, 2003 Jkt 019061 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D27MR3.REC D27MR3 March 27, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D313 Agencies held a hearing on Centers for Disease Con- Naval Research; and James B. Engle, Deputy Assist- trol and Prevention. Testimony was heard from Julie ant Secretary, Air Force (Science, Technology, and L. Gerberding, M.D., Director, Centers for Disease Engineering). Control and Prevention, Department of Health and Human Services. NATIONAL DEFENSE AUTHORIZATION TRANSPORTATION, TREASURY AND BUDGET REQUEST—HEALTH PROGRAM INDEPENDENT AGENCIES Committee on Armed Services: Subcommittee on Total APPROPRIATIONS Force held a hearing on the fiscal year 2004 national Committee on Appropriations: Subcommittee on Trans- defense authorization budget request for the defense portation, Treasury and Independent Agencies held a health program and the next generation of hearing on U.S. Postal Service Retirement Payments. TRICARE contracts and TRICARE retail pharmacy Testimony was heard from John E. Potter, Post- contracts. Testimony was heard from the following master General, U.S. Postal Service; and Dan G. officials of the Department of Defense: William Blair, Deputy Director, OPM. Winkenwerder, Jr., M.D., Assistant Secretary, Health Affairs; Lt. Gen. James B. Peake, USA, Sur- VA, HUD AND INDEPENDENT AGENCIES geon General, Army, Commander, U.S. Army Med- APPROPRIATIONS ical Command; Vice Adm. Michael L. Cowan, USN, Committee on Appropriations: Subcommittee on VA, Surgeon General, Navy; and Lt. Gen. George P. Tay- HUD and Independent Agencies held a hearing on lor, Jr., USAF, Surgeon General, Air Force; Marjorie National Institute of Environmental Health and Kanof, M.D., Director, Clinical and Military Health Services and on Consumer Product Safety Commis- Care, GAO; and public witnesses. sion. Testimony was heard from Kenneth Olden, M.D., Director, National Institute of Environmental WORKFORCE REINVESTMENT AND ADULT Health Science, Department of Health and Human EDUCATION ACT Services; and Harold Stratton, Chairman, Consumer Product Safety Commission. Committee on Education and the Workforce: Ordered re- ported, as amended, H.R. 1261, Workforce Rein- NATIONAL DEFENSE AUTHORIZATION vestment and Adult Education Act of 2003. BUDGET REQUEST—NAVY PROJECTION FORCES FURTHERING PUBLIC HEALTH SECURITY; Committee on Armed Services: Subcommittee on Projec- PROJECT BIOSHIELD tion Forces held a hearing on the fiscal year 2004 Committee on Energy and Commerce: Subcommittee on national defense authorization budget request for Health and the Subcommittee on Emergency Pre- Navy Projection Forces. Testimony was heard from paredness and Response of the Select Committee on the following officials of the Department of the Homeland Security held a joint hearing entitled Navy: John J. Young, Assistant Secretary (Research, ‘‘Furthering Public Health Security: Project Bio- Development and Acquisition); Vice. Adm. John B. shield,’’ Testimony was heard from Tommy G. Nathman, USN, Deputy Chief of Naval Operations, Thompson, Secretary of Health and Human Services; Warfare Requirements and Programs; and Vice and public witnesses. Adm. Michael G. Mullen, USN, Deputy Chief, Naval Operations, Resources, Requirements, and As- FINANCIAL SERVICES REGULATORY sessments. RELIEF ACT DOD SCIENCE AND TECHNOLOGY POLICY Committee on Financial Services: Subcommittee on Fi- AND PROGRAMS nancial Services Institutions and Consumer Credit Committee on Armed Services: Subcommittee on Ter- held a hearing on H.R. 1375, Financial Services rorism, Unconventional Threats and Capabilities Regulatory Relief Act of 2003. Testimony was heard held a hearing on Department of Defense science and from Mark Olson, member, Board of Governors, technology policy and programs for fiscal year Federal Reserve System; Dennis Dollar, Chairman, 2004.Testimony was heard from the following offi- National Credit Union Administration; the fol- cials of the Department of Defense: Ronald M. Sega, lowing officials of the Department of the Treasury: Director, Defense Research and Engineering; An- Julie L. Williams, First Senior Deputy Comptroller thony J. Tether, Director, Defense Advanced Re- and Chief Counsel, Office of the Comptroller of the search Projects Agency; A. Michael Andrews, Dep- Currency; and Carolyn Buck, Chief Counsel, Office uty Assistant Secretary, Army, Research and Tech- of Thrift Supervision; William S. Kroener, General nology; Rear Adm. Jay M. Cohen, USN, Chief, Counsel, FDIC; and public witnesses.

VerDate Jan 31 2003 06:52 Mar 28, 2003 Jkt 019061 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D27MR3.REC D27MR3 D314 CONGRESSIONAL RECORD — DAILY DIGEST March 27, 2003 CONSUMER SAFEGUARDS ON INTERNET FAA AND AVIATION PROGRAMS PHARMACY SITES—OVERSIGHT PLAN REAUTHORIZATION Committee on Government Reform: Held a hearing enti- Committee on Transportation and Infrastructure: Sub- tled ‘‘Point, Click, Self-Medicate: A Review of Con- committee on Aviation held a hearing on Reauthor- sumer Safeguards on Internet Pharmacy Sites.’’ Testi- ization of the Federal Aviation Administration and mony was heard from William Hubbard, Senior As- the Aviation Programs. Testimony was heard from sociate Commissioner, Policy Planning and Legisla- Marion C. Blakey, Administrator, FAA, Department tion, FDA, Department of Health and Human Serv- of Transportation. ices; J. Howard Beales, Director, Bureau of Con- sumer Protection, FTC; and public witnesses. OVERSIGHT—DEPARTMENT OF VETERANS The Committee approved recommendations for an AFFAIRS EMERGENCY PREPAREDNESS Oversight Plan for the 108th Congress for all House Committee on Veterans’ Affairs: Subcommittee on Committees. Health held an oversight hearing on the status of the REAUTHORIZATION—OFFICE OF implementation of Public Law 107–287, Depart- NATIONAL DRUG CONTROL POLICY ment of Veterans Affairs Emergency Preparedness Act of 2002, and post deployment health care for Committee on Government Reform: Subcommittee on veterans. Testimony was heard from William Criminal Justice, Drug Policy and Human Resources Winkenwerder, Jr., M.D., Assistant Secretary, held a hearing entitled ‘‘ONDCP Reauthorization: Health Affairs, Department of Defense; Robert H. The National Youth Anti-Drug Media Campaign.’’ Roswell, M.D., Under Secretary, Health, Department Testimony was heard from Representative Portman; of Veterans Affairs; representatives of veterans orga- Christopher Marston, Chief of Staff, Office of Na- nizations; and public witnesses. tional Drug Control Policy; and public witnesses. EUROPE-U.S. ASSISTANCE PROGRAMS CONSOLIDATED CRYPTOLOGIC PROGRAM Committee on International Relations: Subcommittee on Permanent Select Committee on Intelligence: Met in execu- Europe held a hearing on U.S. Assistance Programs tive session to hold a hearing on Consolidated in Europe: An Assessment. Testimony was heard Cryptologic Program. Testimony was heard from de- from the following officials of the Department of partmental witnesses. State: Thomas Adams, Acting Coordinator, U.S. As- f sistance to Europe ad Eurasia, Bureau of European and Eurasia Affairs; and Kent R. Hill, Assistant Ad- COMMITTEE MEETINGS FOR FRIDAY, ministrator, Bureau for Europe and Eurasia, AID. MARCH 28, 2003 MISCELLANEOUS MEASURES (Committee meetings are open unless otherwise indicated) Committee on Resources: Subcommittee on Fisheries Senate Conservation, Wildlife and Oceans held a hearing on No meetings/hearings scheduled. the following bills: H.R. 958, Hydrographic Services Amendments of 2003; H.R. 959, National Oceanic House and Atmospheric Administration Oceanography Select Committee on Homeland Security, hearing on H.R. Amendment Act of 2003; and H.R. 984, National 1416, Homeland Security Technical Corrections Act of Oceanic and Atmospheric Administration Act of 2003, 8:30 a.m., 2128 Rayburn. 2003. Testimony was heard from Vice Adm. Conrad f C. Lautenbacher, USN (Ret.), Under Secretary, Oceans and Atmosphere, NOAA, Department of CONGRESSIONAL PROGRAM AHEAD Commerce; and D. James Baker, President and Chief Week of March 31 through April 5, 2003 Executive Officer, Academy of Natural Sciences. Senate Chamber WATER RECYCLING On Monday, at 2 p.m., Senate will be in a period Committee on Resources: Subcommittee on Water and of morning business until 6 p.m.; following which, Power held an oversight hearing on Water Supply Senate will consider the nomination of Theresa Lazar and Reliability: The Role of Water Recycling. Testi- Springmann, to be United States District Judge for mony was heard from Betsy Cody, Specialist in Nat- the Northern District of Indiana, with a vote to im- ural Resources, Congressional Research Service, Li- mediately occur on confirmation of the nomination. brary of Congress; Peggy Neely, Councilwoman, On Tuesday, at 9:30 a.m., Senate will consider the Phoenix, Arizona; and public witnesses. nomination of Timothy M. Tymkovich, of Colorado,

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Senate Committees Committee on Banking, Housing, and Urban Affairs: April 3, to hold oversight hearings to examine the Federal Re- (Committee meetings are open unless otherwise indicated) serve Board proposal on check truncation; to be followed Committee on Agriculture, Nutrition, and Forestry: April 3, by a business meeting to consider the nominations of to hold hearings to examine proposed legislation author- Thomas Waters Grant, of New York, Noe Hinojosa, Jr., izing funds for child nutrition programs, 10 a.m., of Texas, Thomas Waters Grant, of New York, and Wil- SR–328A. liam Robert Timken, Jr., of Ohio, each to be a Director Committee on Appropriations: April 1, Subcommittee on of the Securities Investor Protection Corporation, and Al- Labor, Health and Human Services, and Education, to fred Plamann, of California, to be a Member of the Board hold hearings to examine Alzheimer’s Disease, 9:30 a.m., of Directors of the National Consumer Cooperative Bank, SH–216. 10 a.m., SD–538. April 1, Subcommittee on Commerce, Justice, State, Committee on Commerce, Science, and Transportation: April and the Judiciary, to hold hearings to examine proposed 2, Subcommittee on Science, Technology, and Space, to budget estimates for fiscal year 2004 for the Department hold hearings to examine NASA maned space flight, 2:30 of Justice, 10 a.m., SD–192. p.m., SR–254. April 2, Subcommittee on Defense, to hold hearings to Committee on Energy and Natural Resources: April 1, busi- examine an overview of the fiscal year 2004 Navy Budg- ness meeting to consider comprehensive energy legisla- et, 10 a.m., SD–192. tion, 10 a.m., SD–366. April 2, Subcommittee on District of Columbia, to April 2, Full Committee, business meeting to consider hold hearings to examine the status of foster care in the comprehensive energy legislation, 10 a.m., SD–366. District of Columbia, 10 a.m., SD–138. April 3, Full Committee, business meeting to consider April 2, Subcommittee on Transportation, to hold comprehensive energy legislation, 10 a.m., SD–366. hearings to examine proposed budget estimates for fiscal Committee on Environment and Public Works: April 1, to year 2004 for the Federal Aviation Administration, 10:30 hold hearings to examine the Nominations: of Ricky Dale a.m., SD–124. James, of Missouri, and Rear Adm. Nicholas Augustus April 3, Subcommittee on VA, HUD, and Independent Prahl, National Oceanic and Atmospheric Administra- Agencies, to hold hearings to examine proposed budget tion, both to be a Member of the Mississippi River Com- estimates for fiscal year 2004 for the National Science mission, and Richard W. Moore, of Alabama, to be In- Foundation and the Office of Science Technology Policy, spector General, Tennessee Valley Authority, 9:30 a.m., 10 a.m., SD–138. SD–406. April 3, Subcommittee on Foreign Operations, to hold April 2, Full Committee, to hold oversight hearings to hearings to examine proposed budget estimates for fiscal examine issues relating to military encroachment, 9:30 year 2004 for the Department of State, 2 p.m., SD–192. a.m., SD–406. Committee on Armed Services: March 31, Subcommittee Committee on Finance: April 1, to hold hearings to exam- on Emerging Threats and Capabilities, to hold hearings ine tax payer issues, focusing on public accountants and to examine proposed legislation authorizing funds for the charitable car donations; to be followed by hearings on Department of Defense for fiscal year 2004 focusing on the nominations of Mark Van Dyke Holmes, of New the science and technology program and the role of the York, to be a Judge of the United States Tax Court, Department of Defense laboratories, 2 p.m., SR–222. Diane L. Kroupa, of Minnesota, to be a Judge of the March 31, Full Committee, to hold hearings to exam- United States Tax Court, Robert Allen Wherry, Jr., of ine the U.S. Air Force investigations into allegations of Colorado, to be a Judge of the United States Tax Court, sexual assault at the U. S. Air Force Academy and related and Harry A. Haines, of Montana, to be a Judge of the recommendations, 4 p.m., SH–216. United States Tax Court, 10 a.m., SD–215. April 1, Subcommittee on Readiness and Management April 3, Full Committee, to hold hearings to examine Support, to resume hearings to examine proposed legisla- health care services, 10 a.m., SD–215. tion authorizing funds for fiscal year 2004 for the Depart- Committee on Foreign Relations: April 1, to hold hearings ment of Defense, focusing on impacts of environmental to examine NATO enlargement, focusing on Brussels, laws on readiness and the related Administration Legisla- 9:30 a.m., SD–419. tive Proposal, 9 a.m., SD–106. April 2, Full Committee, to resume hearings to exam- April 1, Subcommittee on SeaPower, to hold hearings ine foreign assistance oversight, 9:30 a.m., SD–419. to examine proposed legislation authorizing funds for fis- April 3, Full Committee, to resume hearings to exam- cal year 2004 for the Department of Defense for Navy ine NATO enlargement, focusing on qualifications and and Marine Corps development, procurement priorities, contributions, 2:30 p.m., SD–419.

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Committee on Governmental Affairs: April 2, to hold hear- April 2, Subcommittee on VA, HUD, and Independent ings to examine the nominations of Clay Johnson III, of Agencies, on EPA, 10 a.m., 2359 Rayburn, and 2 p.m., Texas, to be Deputy Director for Management, Office of H–143 Capitol. Management and Budget, Albert Casey, of Texas, to be April 3, Subcommittee on Commerce, Justice, and a Governor of the United States Postal Service, and James State, the Judiciary and Related Agencies, on State De- C. Miller III, of Virginia, to be a Governor of the United partment Management, 10 a.m., H–309 Capitol. States Postal Service, 10 a.m., SD–342. April 3, Subcommittee on Homeland Security, on Bor- Committee on Health, Education, Labor, and Pensions: April der Protection; Customs and Immigration Enforcement, 2, business meeting to consider S.231, to authorize the 10 a.m., and Homeland Security Training, 2 p.m., use of certain grant funds to establish an information H–140 Capitol. clearinghouse that provides information to increase public April 3, Subcommittee on Labor, Health and Human access to defibrillation in schools, proposed legislation en- Services, Education and Related Agencies, on Center for titled ‘‘Genetics Information Nondiscrimination Act of Medicare and Medicaid Services, 10:15 a.m., and on 2003’’, ‘‘Smallpox Emergency Personnel Protection Act of Agency for Healthcare Research Quality, 11:15 a.m., 2003’’, ‘‘The Improved Vaccine Affordability and Avail- 2358 Rayburn. ability Act’’, ‘‘Caring for Children Act of 2003’’, and April 3, Subcommittee on Transportation and Treas- pending nominations, 10 a.m., SD–430. ury, and Independent Agencies, on Transportation Safety, April 3, Full Committee, to hold hearings to examine 2358 Rayburn. mammography, 10 a.m., SD–430. April 3, Subcommittee on VA, HUD, and Independent Committee on Indian Affairs: April 2, to hold hearings Agencies, on Congressional Witnesses, 9:30 a.m., H–143 to examine S. 556, to amend the Indian Health Care Im- Capitol. provement Act to revise and extend that Act, 10 a.m., Committee on Armed Services, April 1, hearing on all SR–485. major Department of Defense acquisition programs, and Committee on the Judiciary: April 1, to hold hearings to review the Department’s plans for acquisition reform and examine the nominations of Carolyn B. Kuhl, of Cali- future acquisition programs, 4 p.m., 2118 Rayburn. fornia, to be United States Circuit Judge for the Ninth April 1, Subcommittee on Terrorism, Unconventional Circuit, Cecilia M. Altonaga, to be United States District Threats and Capabilities, hearing on the fiscal year 2004 Judge for the Southern District of Florida, and Patricia national defense authorization budget request for the Spe- Head Minaldi, to be United States District Judge for the cial Operations Command, 2 p.m., 2212 Rayburn. Western District of Louisiana, 9 a.m., SD–226. April 1, Subcommittee on Total Force, hearing on the Select Committee on Intelligence: April 1, to hold closed U.S. Air Force report on sexual assault at the academy, hearings to examine intelligence matters, 2:30 p.m., 1 p.m., 2118 Rayburn. SH–219. April 2, Subcommittee on Tactical Air and Land Forces, hearing on the fiscal year national defense author- House Chamber ization budget request for the Department of the Navy and the Department of the Air Force tactical weapon sys- To be announced. tem acquisition programs and future technology initia- tives, 2 p.m., 2118 Rayburn. House Committees April 2, Subcommittee on Total Force, hearing on Committee on Appropriations, April 1, Subcommittee on Military Resale and Morale, Welfare and Recreation Pro- District of Columbia, on Court Services and Offender Su- grams Activities, 3:30 p.m., 2212 Rayburn. pervision Agency, 2 p.m., 2362A Rayburn. April 3, Subcommittee on Projection Forces, hearing April 1 and 2, Subcommittee on Labor, Health and on the Department of the Navy fiscal year 2004 research Human Services, Education and Related Agencies, on and development program in support of naval trans- NIH, 10:15 a.m., 2358 Rayburn. formation and future naval capabilities, 12 p.m., 2212 April 1, Subcommittee on Transportation and Treas- Rayburn. ury, and Independent Agencies, on Cost Controls and April 3, Subcommittee on Terrorism, Unconventional Cost Drivers in Federal Transit Investments Panel, 10 Threats and Capabilities, hearing on the fiscal year 2004 a.m., and on Executive Office of the President, 2 p.m., national defense authorization budget request for Depart- 2358 Rayburn. ment of Defense Information Technology Programs, 3 April 2, Subcommittee on District of Columbia, on p.m., 2212 Rayburn. D.C. Courts; Defender Services; and Public Defender April 3, Subcommittee on Total Force, hearing on Service, 10 a.m., 2362A Rayburn. Views from the Field—Perspectives of Mobilized Reserv- April 2, Subcommittee on Foreign Operations, Export ists, 1 p.m., 2216 Rayburn. Financing and Related Programs, on Member of Con- Committee on Education and the Workforce, April 1, Sub- gress, 10 a.m., H–144 Capitol. committee on Select Education, hearing on the ‘‘Perform- April 2, Subcommittee on Interior, on Members of ance, Accountability, and Reforms at the Corporation for Congress, 10 a.m., B–308 Rayburn. National and Community Service,’’ 2 p.m., 2175 Ray- April 2, Subcommittee on Transportation and Treas- burn. ury, and Independent Agencies, on GSA Building Cost April 2, Subcommittee on Education Reform, to mark Drivers, 10 a.m., and on OPM, 2 p.m., 2358 Rayburn. up H.R. 1350, Improving Education Results for Children

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With Disabilities Act of 2003 10:30 a.m., 2175 Ray- the San Gabriel Basin Demonstration project, 2 p.m., burn. 1324 Longworth. Committee on Financial Services, April 1, Subcommittee Committee on Science, April 1, to mark up H.R. 238, En- on Domestic and International Monetary Policy, Trade, ergy Research, Development, Demonstration, and Com- and Technology, hearing entitled ‘‘Opening Trade in Fi- mercial Application Act of 2003, 10 a.m., 2318 Rayburn. nancial Services—The Chile and Singapore Examples,’’ 10 April 3, Subcommittee on Research, hearing on The a.m., 2128 Rayburn. National Earthquake Hazards Reduction Program: Past, April 1, Subcommittee on Housing and Community Present, and Future, 10 a.m., 2318 Rayburn. Opportunity, hearing entitled ‘‘The National Flood Insur- Committee on Small Business, April 1, Subcommittee on ance Program: Review and Reauthorization,’’ 2 p.m., Workforce, Empowerment and Government Programs 2128 Rayburn. and the Subcommittee on Regulatory Reform and Over- April 2, Subcommittee on Capital Markets, Insurance, sight, joint hearing with respect to improving and and Government Sponsored Enterprises, hearing entitled strengthening the SBA Office of Advocacy, 2 p.m., 2360 ‘‘Rating the Rating Agencies: the State of Transparency Rayburn. and Competition,’’ 10 a.m., 2128 Rayburn. April 2, full Committee, hearing on the impact of for- Committee on Government Reform, March 31, Sub- eign titanium purchased by the Air Force on small and committee on National Security, Emerging Threats and medium sized U.S. manufacturers, 2 p.m., 2360 Rayburn. International Relations and the Subcommittee on Tech- April 3, Subcommittee on Tax, Finance, and Exports, nology, Information Policy, Intergovernmental Relations hearing on small business expensing limits, 10 a.m., and the Census, joint hearing on Strengthening Oversight 2360 Rayburn. of DOD Business Systems Modernization, 1 p.m., 2154 Committee on Transportation and Infrastructure, April 1, Rayburn. Subcommittee on Coast Guard and Maritime Transpor- April 1, Subcommittee on Civil Service and Agency tation, oversight hearing on the Coast Guard’s Move to Organization, oversight hearing ‘‘Compensation Reform: the Department of Homeland Security, 10 a.m., 2360 How Should the Federal Government Pay Its Employ- Rayburn. ees?’’ 1 p.m., 2247 Rayburn. April 1, 2 and 3, Subcommittee on Highways, Transit, April 1, Subcommittee on Government Efficiency and and Pipelines, hearings on Member Policy Initiatives and Financial Management, oversight hearing entitled ‘‘Per- Project Requests for Reauthorization of Federal Highway formance, Results, and Budget Decisions,’’ 2 p.m., 2154 and Transit Programs, 10 a.m., 2167 Rayburn. Rayburn. April 2, Subcommittee on Economic Development, April 3, full Committee, hearing entitled ‘‘Toward a Public Buildings and Emergency Management, hearing Logical Governing Structure: Restoring Executive Reorga- on local economic development association issues relating nization Authority,’’ 10 a.m., 2154 Rayburn. to reauthorization of the Economic Development Admin- April 3, Subcommittee on Human Rights and istration, 10 a.m., 2253 Rayburn. Wellness, hearing entitled ‘‘International Prescription Permanent Select Committee on Intelligence, April 1, execu- Drug Parity: Are Americans Being Protected or tive, briefing on Sensitive Program, 2 p.m., H–405 Cap- Gouged?’’ 2 p.m., 2247 Rayburn. itol. Committee on International Relations, April 1, hearing on April 2, executive, hearing on National Reconnaissance U.S. Response to East African Families and the Future Program, 2 p.m., H–405 Capitol. Outlook for Food Aid in Africa, 10:15 a.m., 2172 Ray- April 3, executive, hearing on Joint Military Intel- burn. ligence Program/Tactical Intelligence and Related Pro- April 3, Subcommittee on Africa, hearing on Demo- grams, 1 p.m., H–405 Capitol. cratic Republic of Congo: Key to the Crisis in the Great April 4, executive, briefing on Intelligence Community Lakes Region, 2 p.m., 2172 Rayburn. Overview, 9 a.m., H–405 Capitol. Committee on Resources, April 1, Subcommittee on Water Select Committee on Homeland Security. March 31, to mark and Power, hearing on the following bills: H.R. 135, up H.R. 1416, Homeland Security Technical Corrections Twenty-First Century Water Commission Act of 2003; Act of 2003, 3 p.m., 2128 Rayburn. H.R. 495, Zuni Indian Tribe Rights Settlement Act of 2003; H.R. 901, to authorize the Secretary of the Interior Joint Meetings to construct a bridge on Federal land west of and adjacent Commission on Security and Cooperation in Europe: April 2, to Folsom Dam in California; and H.R. 1284, to amend to hold hearings to examine arming rogue regimes, focus- the Reclamation Projects Authorization and Adjustment ing on the role of OSCE participating states, 2:30 p.m., Act of 1992 to increase the Federal share of the costs of 334 Cannon Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, March 31 12:30 p.m., Monday, March 31

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 6 p.m.), Senate will consider the nomination of Theresa Lazar Springmann, to be United States District Judge for the Northern District of Indiana, with a vote to immediately occur on confirmation of the nomination.

Extensions of Remarks, as inserted in this issue

HOUSE Hefley, Joel, Colo., E598 Murphy, Tim, Pa., E614 Hensarling, Jeb, Tex., E612 Oberstar, James L., Minn., E604 Aderholt, Robert B., Ala., E613 Holt, Rush D., N.J., E599 Ortiz, Solomon P., Tex., E599 Andrews, Robert E., N.J., E610 Israel, Steve, N.Y., E597, E599 Ose, Doug, Calif., E597, E600 Baca, Joe, Calif., E609 Jackson, Jesse L., Jr., Ill., E603 Renzi, Rick, Ariz., E603 Ballenger, Cass, N.C., E611 Jackson-Lee, Sheila, Tex., E593, E594, E595 Bereuter, Doug, Nebr., E606 Lantos, Tom, Calif., E607, E614 Reynolds, Thomas M., N.Y., E614 Bilirakis, Michael, Fla., E601 Lee, Barbara, Calif., E612 Simmons, Rob, Conn., E612 Calvert, Ken, Calif., E594, E596 Levin, Sander M., Mich., E606 Skelton, Ike, Mo., E593, E597, E598 Capito, Shelley Moore, W.Va., E611 McCollum, Betty, Minn., E600 Smith, Adam, Wash., E604 Capuano, Michael E., Mass., E593, E595, E596 McCotter, Thaddeus G., Mich., E607, E612 Smith, Christopher H., N.J., E611 Davis, Susan A., Calif., E608 McDermott, Jim, Wash., E602 Stark, Fortney Pete, Calif., E594, E596 Davis, Tom, Va., E601 McInnis, Scott, Colo., E593, E593, E595, E596, E597, Terry, Lee, Nebr., E602 Faleomavaega, Eni F.H., American Samoa, E609 E598, E600, E606 Towns, Edolphus, N.Y., E604 Forbes, J. Randy, Va., E601 McKeon, Howard P. ‘‘Buck’’, Calif., E613 Udall, Mark, Colo., E612 Gillmor, Paul E., Ohio, E610 Michaud, Michael H., Me., E609 Harman, Jane, Calif., E595, E597 Millender-McDonald, Juanita, Calif., E610 Watt, Melvin L., N.C., E599 Hayes, Robin, N.C., E602 Moran, James P., Va., E610 Wolf, Frank R., Va., E602

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