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

Vol. 150 WASHINGTON, TUESDAY, FEBRUARY 24, 2004 No. 20 House of Representatives The House met at 2 p.m. and was last day’s proceedings and announces a rate based on long-term corporate bonds called to order by the Speaker pro tem- to the House his approval thereof. for certain pension plan funding require- pore (Mr. LEACH). Pursuant to clause 1, rule I, the Jour- ments and other provisions, and for other purposes. f nal stands approved. Mr. PEARCE. Mr. Speaker, pursuant The message also announced that the DESIGNATION OF THE SPEAKER to clause 1, rule I, I demand a vote on Senate insists upon its amendment to PRO TEMPORE agreeing to the Speaker’s approval of the bill (H.R. 3108) ‘‘An Act to amend The SPEAKER pro tempore laid be- the Journal. the Employee Retirement Income Se- fore the House the following commu- The SPEAKER pro tempore. The curity Act of 1974 and the Internal Rev- nication from the Speaker: question is on the Speaker’s approval enue Code of 1986 to temporarily re- of the Journal. place the 30-year Treasury rate with a WASHINGTON, DC, rate based on long-term corporate February 24, 2004. The question was taken; and the bonds for certain pension plan funding I hereby appoint the Honorable JAMES A. Speaker pro tempore announced that requirements and other provisions, and LEACH to act as Speaker pro tempore on this the ayes appeared to have it. for other purposes,’’ requests a con- day. Mr. PEARCE. Mr. Speaker, I object ference with the House on the dis- J. DENNIS HASTERT, to the vote on the ground that a Speaker of the House of Representatives. agreeing votes of the two Houses there- quorum is not present and make the on, and appoints Mr. GRASSLEY, Mr. f point of order that a quorum is not GREGG, Mr. MCCONNELL, Mr. BAUCUS, present. PRAYER and Mr. KENNEDY, to be the conferees The SPEAKER pro tempore. Pursu- on the part of the Senate. Bishop Alfred A. Owens, Jr., Greater ant to clause 8, rule XX, further pro- Mount Calvary Holy Church, Wash- The message was announced that the ceedings on this question will be post- Senate has passed a bill of the fol- ington, DC, offered the following pray- poned. er: lowing title in which the concurrence The point of no quorum is considered of the House is requested: Most gracious and everlasting God, withdrawn. we thank You for this, another glorious S. 1786. An act to revise and extend the day that You have allowed us to see, f Community Services Block Grant Act, the Low-Income Home Energy Assistance Act of and we honor You for Your undying PLEDGE OF ALLEGIANCE 1981, and the Assets for Independence Act. faithfulness towards us. The SPEAKER pro tempore. Will the The message also announced that Lord, help us to continually hold up gentleman from California (Mr. FIL- pursuant to Public Law 100–175, as the light of Your love, and may we be NER) come forward and lead the House amended by Public Laws 102–375, 103– always mindful of our collective duty in the Pledge of Allegiance. 171, and 106–501, the Chair, on behalf of to serve each other as we serve You. Mr. FILNER led the Pledge of Alle- the Democratic Leader, after consulta- Teach us Your ways and lead us in a giance as follows: tion with the members of the Com- plain path. Shine Your light upon the I pledge allegiance to the Flag of the mittee on Health, Education, Labor, road that our Members of Congress United States of America, and to the Repub- and Pensions, and the Committee on must travel. Give them grace and truth lic for which it stands, one nation under God, Aging, appoints the following individ- to guide their every decision. Unite indivisible, with liberty and justice for all. uals as members of the Policy Com- them under the banner of Your love f mittee to the White House Conference and allow them to speak with one clar- on Aging— MESSAGE FROM THE SENATE ion voice that which You would have The Senator from Iowa (Mr. HARKIN); them say. A message from the Senate by Mr. and Teach us all to lean on Your ever- Monahan, one of its clerks, announced The Senator from Nevada (Mr. REID). lasting arms, and give us the grace to that the Senate has passed with an f lead according to Your everlasting amendment in which the concurrence COMMUNICATION FROM THE Word. Amen. of the House is requested, a bill of the CLERK OF THE HOUSE f House of the following title: The SPEAKER pro tempore laid be- THE JOURNAL H.R. 3108. An act to amend the employee Retirement Income Security Act of 1974 and fore the House the following commu- The SPEAKER pro tempore. The the Internal Revenue Code of 1986 to tempo- nication from the Clerk of the House of Chair has examined the Journal of the rarily replace the 30-year Treasury rate with Representatives:

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

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VerDate jul 14 2003 00:54 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.000 H24PT1 H518 CONGRESSIONAL RECORD — HOUSE February 24, 2004 OFFICE OF THE CLERK, Mario, and Pablo, and to pray for the minute and to revise and extend his re- HOUSE OF REPRESENTATIVES, enslaved people of Cuba. marks.) Washington, DC, February 13, 2004. f Mr. FILNER. Well, there they go Hon. J. DENNIS HASTERT, again. The Commander in Chief has Speaker, House of Representatives, ETHICAL CLOUD HANGING OVER signalled the start of the culture wars, Washington, DC. WASHINGTON GROWS DARKER DEAR MR. SPEAKER: Pursuant to the per- so they are here with their wedge poli- mission granted in Clause 2(h) of Rule II of (Mr. ALLEN asked and was given tics, trying to divide us, trying to di- the rules of the U.S. House of Representa- permission to address the House for 1 vide us as a Nation. tives, the Clerk received the following mes- minute and to revise and extend his re- Three million jobs lost since this sage from the Secretary of the Senate on marks.) President took office, a war in Iraq February 13, 2004 at 10:10 a.m. Mr. ALLEN. Mr. Speaker, the ethical that we cannot seem to win, 545 of our That the Senate passed without amend- cloud hanging over Republicans in bravest young men and women killed, ment H. Con. Res. 361. Washington grows darker. more waiting as sitting ducks; but Appointments: Every good lawyer and judge knows what we are going to talk about in this Board of Visitors United States Naval the importance of avoiding conflicts of Academy. House is a constitutional amendment Board of Visitors United States Air Force interest and the appearance of conflicts to preserve marriage. Talk about Academy. of interest. Last month, Supreme wedge politics at its finest. Talk about With best wishes, I am Court Justice Antonin Scalia went something to divide the Nation. Sincerely, hunting in Louisiana with Vice Presi- Mr. Speaker, the gentleman from In- JEFF TRANDAHL, dent CHENEY, on land owned by an oil diana, and I assume all those who are Clerk of the House. executive. They flew on Air Force Two, going to come after him, should look at f at taxpayer expense. the history of the United States and ANNOUNCEMENT BY THE SPEAKER Three weeks earlier, the Supreme the Constitution, the Constitution PRO TEMPORE Court agreed to decide In Re Cheney, a which represents for us expanding the case brought to force Vice President rights of all Americans, expanding. The SPEAKER pro tempore. Pursu- CHENEY to disclose information about We went from giving the right to ant to clause 4 of rule I, the Speaker his secret energy task force meetings citizenship to African Americans to pro tempore signed the following en- with oil executives. Justice Scalia said giving the right to vote to women, al- rolled bills on Thursday, February 19, afterwards, ‘‘I do not think my impar- ways expanding what the American 2004: tiality could reasonably be ques- Dream was about, always expanding H.R. 743, to amend the Social Secu- tioned.’’ what America ought to be. But now we rity Act and the Internal Revenue Code He is wrong. He has no business de- are going to pass an amendment that of 1986 to provide additional safeguards ciding a case of enormous significance restricts rights. Now we are going to for Social Security and Supplemental to his friend and hunting companion. pass an amendment that says do not Security Income beneficiaries with rep- To preserve the integrity of the Su- look at jobs, do not look at the war in resentative payees, to enhance pro- preme Court and to maintain the trust Iraq, do not look at any of the things gram protections, and for other pur- of the public, Justice Scalia should that bother the American people at poses; recuse himself from any role in the their dinner table, their lack of health S. 523, to make technical corrections Cheney case. And Vice President CHE- insurance, their lack of quality edu- to laws relating to Native Americans, NEY should have been the first to ask cation. No, let us focus on this con- and for other purposes. him to do so. stitutional amendment. f f Mr. Speaker, the Commander in REMEMBERING VICTIMS OF Chief has unleashed his Weapon of IN SUPPORT OF PROPOSED CON- Mass Distraction. BROTHERS TO THE RESCUE STITUTIONAL AMENDMENT RE- SHOOTDOWN ON EIGHTH ANNI- GARDING MARRIAGE f VERSARY (Mr. PENCE asked and was given per- UNBORN VICTIMS AND MORAL (Ms. ROS-LEHTINEN asked and was mission to address the House for 1 LEADERSHIP given permission to address the House minute and to revise and extend his re- (Mr. DELAY asked and was given per- for 1 minute and to revise and extend marks.) mission to address the House for 1 her remarks.) Mr. PENCE. Mr. Speaker, after weeks minute and to revise and extend his re- Ms. ROS-LEHTINEN. Mr. Speaker, I of legal and moral confusion, from marks.) rise today to honor the memory of Car- Massachusetts to California, today Mr. DELAY. Mr. Speaker, this week los Costa, Armando Alejandre, Mario President George W. Bush called on the House will hear a lot, on the floor de la Pena, and Pablo Morales, who, 8 this Congress to adopt a constitutional and off the floor, about the Unborn years ago today, were murdered by the amendment defining marriage histori- Victims of Violence Act, also known as terrorist regime in Havana. cally and culturally as it has ever been, Laci and Conner’s Law, which acknowl- These four brave men, committed to as the union between a man and a edges the victimhood of unborn chil- the cause of freedom and democracy in woman. In so doing, President George dren injured during attacks against Cuba, ventured out over international W. Bush brought moral clarity to the their pregnant mothers. waters in search of those who risked it debate by calling for this amendment Though the bill says nothing about all to reach here, the United States, banning gay marriage, in his words, Roe v. Wade, Casey v. Planned Parent- the land of liberty. But what they preventing courts from changing that hood, or any abortion law at any level came face to face with was the evil, ‘‘most enduring of human institu- of government in this Nation, we will ruthless, and brutal nature of the Cas- tions.’’ hear false arguments to the contrary. tro dictatorship in the form of MiG–29 And so marriage is. Ordained by God, We will hear the usual arguments, from fighter jets. Like vultures circling confirmed by law, marriage is the glue the usual suspects, that any legislation their prey, these MiGs closed in, and at of the family and the safest harbor for that in any way recognizes the human- 3:21 and 3:27 p.m. aimed their missiles children. Congress should heed Presi- ity of unborn children is an assault on and destroyed these two Brothers to dent Bush’s courageous moral leader- the Constitution. the Rescue planes. ship, pass the marriage amendment, Those of us who support this legisla- There would be no international out- and affirm the confidence of the Amer- tion, who, I should add, represent a cry. Yet their deaths at the hands of ican people in our ability to defend point of view shared by more than 80 the tyrant and his agents of terror their most cherished of institutions. percent of the American people, will be would serve as a catalyst, a call to ac- f scolded and have fingers wagged at us tion, a new Grito de Baire, for Cuba’s by people telling us in ominous tones internal opposition. A WEAPON OF MASS DISTRACTION that they ‘‘know what we are doing.’’ I ask my colleagues to remember (Mr. FILNER asked and was given Well, I should hope so. I hope the these fallen heroes, Carlos, Armando, permission to address the House for 1 whole world knows what we are doing,

VerDate jul 14 2003 04:49 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.004 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H519 sees the stands that we are taking on Mr. WILSON of South Carolina. Mr. ness expansion and entrepreneurship, behalf of pregnant mothers and their Speaker, I rise today to commend a both of which lead to new jobs, and tax families, providing justice and codi- South Carolinian who has been a model relief encourages growth. That is what fying common sense. of public service for the last 35 years. we have seen this year. There is nothing in Laci and Conner’s Eric Thompson of North Augusta, When small businesses and working Law we should hide from. Indeed, so in- South Carolina, retired this January families keep more of their own tuitive is the notion that an attack from his post as executive director of money, they spend it far better than against a pregnant mother involves the Lower Savannah Council of Gov- we do here in Washington. But many, two victims, so essential to both nat- ernments, where he had worked since even many here in this Chamber today, ural law and basic human experience, 1981. do not believe that. So we will hear that I would venture to guess that even lots of talk about repealing tax cuts b 1415 most children in this country just as- and spending more. But, Mr. Speaker, sume that legislation like the Unborn The Council is a regional planning that is the wrong way to go. Raising Victims of Violence Act is already on and development organization serving 6 taxes will hurt this economy. Lower the books. counties and 45 incorporated munici- tax rates on American families will un- This is a no-brainer, Mr. Speaker. Of palities. leash the full potential of this econ- course Laci and Conner’s Law should Mr. Thompson has helped the Lower omy. be passed. Of course this House and Savannah Council secure nearly $172 We need to let American workers this Nation can stand up for pregnant million in State and Federal grants for keep the reward for their hard work. women and their families and acknowl- cities and counties in the region, which We need to act this year to make the edge the injuries their children suffer includes Aiken, Allendale, Bamberg, tax relief permanent. This will encour- at the hand of violent predators and set Barnwell, Calhoun, and Orangeburg age long-term growth and allow fami- penalties accordingly. Counties. He has worked previously as lies and small business owners to plan Defending the family is part of our part of planning commissions for Aiken with confidence for the future. core agenda in this Congress, and pass- and Brunswick-Glynn County, and cur- f ing Laci and Conner’s Law is one of the rently serves as a member of the Board CONGRATULATING SENATOR JANE ways we can fulfill it. After all, what of Directors of the National Associa- NELSON tion of Development Organizations, kind of moral leaders would we be if, (Mr. BURGESS asked and was given given the choice, we rejected the nat- where he has served as president. South Carolina is so thankful for permission to address the House for 1 ural instinct of all people that they all minute and to revise and extend his re- have to recoil at news of violence Eric Thompson’s dedication to our State, and I ask all of my colleagues to marks.) against pregnant mothers? Mr. BURGESS. Mr. Speaker, I rise join me in commending him for his Fortunately, Mr. Speaker, come today to congratulate Texas State Sen- commitment to public service. Thursday’s vote, we will not have to ator Jane Nelson on her recent receipt In conclusion, may God bless our find out. of the Nathan Davis Award for Out- troops. We will never forget September f standing Government Service from the 11. SECRETARY OF EDUCATION American Medical Association. f SHOULD RESIGN Senator Nelson is a Republican who BLUE DOG DEFICIT UPDATE represents senate district 12 in Texas. (Ms. MCCOLLUM asked and was She is my senator. She was elected to given permission to address the House (Mr. STENHOLM asked and was the Texas Senate in 1992 after serving for 1 minute and to revise and extend given permission to address the House two terms on the Texas State Board of her remarks.) for 1 minute and to revise and extend Education. At the board of education, Ms. MCCOLLUM. Mr. Speaker, yes- his remarks.) future Senator Nelson led her col- terday the Secretary of Education Mr. STENHOLM. Mr. Speaker, today leagues on a fight to correct over 5,000 branded the 2.7 million teacher-strong we owe the country $7,078 billion, being errors in textbooks across the State of National Education Association a ‘‘ter- swept under the rug every day. Foreign Texas. rorist organization.’’ holdings of our debt now total $1.5 tril- During all of this activity, Senator Mr. Paige’s words were a hateful lion. Foreign investors financed 70 per- Nelson has also managed to own and comment, beneath the dignity of any cent of our record $373 billion debt last operate an aircraft component manu- Cabinet Secretary. Rather than trying year. In January of 2002, foreign inves- facturing firm with her husband Mike, to achieve the highest standards of ci- tors held $1 trillion of our U.S. debt; while raising a son and four daughters, vility, setting the best example for today it is $1.5 trillion. Japan holds three of whom I delivered. American children, Mr. Paige’s ‘‘teach- $545 billion, and China holds $149 bil- Senator Nelson has made health care able moment’’ was to stand in the lion of our debt. By far, the United policy and advocacy for Texas patients White House and vilify the NEA and States’ largest foreign aid program is a top priority. She wrote Texas’ first America’s teachers by labeling them our interest payments to foreign inves- comprehensive privacy law, she fought terrorists, in effect, enemies of Amer- tors, yet we continue to not want to for HMO reform, and wrote the law re- ica. change our economic game plan to do turning physical education classes to This vile language was no joke. It something about it. The largest single help fight childhood obesity. was not insensitive. In fact, it was a debt tax increase in the history of our In the most recent session of the deliberate attack, an example of neo- country is being perpetrated on us State legislature, Senator Nelson McCarthyism at its worst. today. worked for liability reform in the The Secretary’s words harmed public Mr. Speaker, $7,078 billion, that is health care industry and for relief of education, and they were clear in their what we owe today. rising health care costs. She also spon- intent to threaten the millions of f sored prompt pay legislation, which American citizens that the NEA honor- simply requires HMOs to pay their bills MAKE TAX RELIEF PERMANENT ably represents. on time. It is time for Mr. Paige to resign. (Mr. PITTS asked and was given per- This is definitely a high honor for Resign now, sir. mission to address the House for 1 Senator Nelson, as it would be for any f minute and to revise and extend his re- elected official. In the years to come, marks.) hopefully, the Nation will be honoring THANKING ERIC THOMPSON FOR 35 Mr. PITTS. Mr. Speaker, the eco- more great leaders such as Senator YEARS OF PUBLIC SERVICE nomic numbers we are seeing right now Nelson for their hard work and dedica- (Mr. WILSON of South Carolina do not lie. Our economy is growing and tion to worthy causes as health care asked and was given permission to ad- jobs are being created, but to stay on reform. dress the House for 1 minute and to re- that track, we need to keep our econ- Senator Nelson, congratulations. I vise and extend his remarks.) omy growing. Growth encourages busi- regard you as a friend and mentor, and,

VerDate jul 14 2003 00:54 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.005 H24PT1 H520 CONGRESSIONAL RECORD — HOUSE February 24, 2004 certainly, Texas physicians have no optimal methods for disposal or use of such Federal share of the costs of any activity on better friend in the State legislature, growth. private lands funded under the project shall and you have been a true friend to the (5) Determination of methods to prevent be no more than 75 percent of the total cost family of medicine across the country. the regrowth and reintroduction of Salt of the activity. Cedar and Russian Olive and to reestablish (d) REPORTING REQUIREMENT.—During the f native species. period in which the demonstration projects ANNOUNCEMENT BY THE SPEAKER (c) REPORT ON ASSESSMENT.— are carried out, the Secretaries shall submit (1) PREPARATION AND CONTENT.—The Secre- PRO TEMPORE to the congressional committees specified in taries shall prepare a report containing the section 3(c)(2) an annual report describing— The SPEAKER pro tempore (Mr. results of the assessment. The report shall (1) the demonstration projects; LEACH). Pursuant to clause 8 of rule identify long-term management and funding (2) the progress made in carrying out the XX, the Chair will postpone further strategies that could be implemented by projects during the period covered by the re- proceedings today on motions to sus- Federal, State, Tribal, and private land man- port; and agers and owners on all land management pend the rules on which a recorded vote (3) the costs of the projects under sub- types to address the invasion of Salt Cedar section (c). or the yeas and nays are ordered, or on and Russian Olive. The report shall also (e) MONITORING.—Demonstration projects which the vote is objected to under identify deficiencies or areas for further shall include the following: clause 6 of rule XX. study and where actual field demonstrations (1) Documentation of the quantity of water Record votes on postponed questions would be useful in the control effort. saved due to various control methods, in- will be taken after 6:30 p.m. today. (2) SUBMISSION.—The Secretaries shall sub- cluding the portion of water saved that re- mit the report to the Committee on Re- turns to surface water or groundwater sup- f sources and the Committee on Agriculture of plies and at what rates. SALT CEDAR AND RUSSIAN OLIVE the House of Representatives and the Com- (2) Optimal revegetative states to prevent CONTROL ASSESSMENT AND mittee on Agriculture, Nutrition, and For- the regrowth and reintroduction of Salt DEMONSTRATION ACT estry and the Committee on Energy and Nat- Cedar and Russian Olive and to reestablish ural Resources of the Senate. native species. Mr. PEARCE. Mr. Speaker, I move to (d) SUPPORT FOR IDENTIFICATION OF LONG- (f) COOPERATION.—The Secretaries shall use suspend the rules and pass the bill TERM MANAGEMENT AND FUNDING STRATE- the expertise of their various agencies, as (H.R. 2707) to direct the Secretaries of GIES.—The Secretaries may make grants to well as other Federal agencies, institutions the Interior and Agriculture, acting institutions of higher education or nonprofit of higher education, State and local govern- through the U.S. Forest Service, to organizations (or both) with an established ments and political subdivisions thereof, in- background and expertise in the public pol- cluding soil and water conservation districts, carry out a demonstration program to icy issues associated with the control of Salt assess potential water savings through and Indian tribes, which are actively con- Cedar and Russian Olive to obtain technical ducting assessments on or implementing control of Salt Cedar and Russian Olive experience, support, and recommendations Salt Cedar and Russian Olive control activi- on forests and public lands adminis- related to the identification of the long-term ties. management and funding strategies required tered by the Department of the Inte- SEC. 5. RELATION TO OTHER AUTHORITY. to be included in the report under subsection rior and the U.S. Forest Service, as Nothing in this Act shall be construed to amended. (c)(1). Each grant awarded under this sub- section may not be less than $250,000. affect, or otherwise bias, the use by the Sec- The Clerk read as follows: retaries of other statutory or administrative SEC. 4. DEMONSTRATION PROGRAM FOR CON- H.R. 2707 TROL OF SALT CEDAR AND RUSSIAN authorities to plan or conduct Salt Cedar or Russian Olive control and eradication that is Be it enacted by the Senate and House of Rep- OLIVE IN WESTERN STATES. not planned or conducted under this Act. resentatives of the United States of America in (a) DEMONSTRATION PROJECTS.— Congress assembled, (1) PROJECTS REQUIRED.—Based on the re- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. sults of the assessment and report in section (a) ASSESSMENT.—There are authorized to SECTION 1. SHORT TITLE. 3, the Secretaries shall initiate a program of be appropriated to the Secretaries $5,000,000 This Act may be cited as the ‘‘Salt Cedar not fewer than three demonstration projects for fiscal year 2005 to conduct the assessment and Russian Olive Control Assessment and in the Western United States designed to ad- required by section 3. Demonstration Act’’. dress the deficiencies and areas for further (b) GRANTS.—There are authorized to be SEC. 2. DEFINITIONS. study to address the invasion of Salt Cedar appropriated to the Secretaries $1,000,000 for In this Act: and Russian Olive, including the test of addi- fiscal year 2005 to award as grants under sec- (1) SECRETARIES.—The term ‘‘Secretaries’’ tional control methods, identified by the re- tion 3(d). means the Secretary of Agriculture, in co- port. (c) DEMONSTRATION PROJECTS.—There are operation with the Secretary of the Interior. (2) IMPLEMENTATION.—The Secretaries may authorized to be appropriated to the Secre- (2) WESTERN UNITED STATES.—The term enter into an agreement with a State in the taries $18,000,000 for each of the fiscal years ‘‘Western United States’’ refers to the States Western United States to carry out a dem- 2005 through 2009 to carry out the program of defined by the Act of June 17, 1902 (com- onstration project. If the Secretaries select a demonstration projects under section 4. monly known as the 1902 Reclamation Act; demonstration project for implementation The SPEAKER pro tempore. Pursu- 43 U.S.C. 371 et seq.), which includes Arizona, on National Forest System lands, the Sec- California, Colorado, Idaho, Kansas, Mon- retary of Agriculture shall be responsible for ant to the rule, the gentleman from tana, Nebraska, Kansas, Oklahoma, Nevada, implementation of the project. New Mexico (Mr. PEARCE) and the gen- New Mexico, Oregon, Texas, Utah, Wash- (b) ELEMENTS OF PROJECTS.— tleman from American Samoa (Mr. ington, and Wyoming. (1) DESIGN AND SCALE.—Each demonstra- FALEOMAVAEGA) each will control 20 SEC. 3. ASSESSMENT OF SALT CEDAR AND RUS- tion project shall be designed with inte- minutes. SIAN OLIVE INFESTATION IN WEST- grated methods and adaptive management The Chair recognizes the gentleman ERN UNITED STATES. strategies and carried out over time frames from New Mexico (Mr. PEARCE). (a) ASSESSMENT.—Not later than one year and spatial scales large enough to accom- after the date on which funds are first made plish the goals laid out in the report. GENERAL LEAVE available to carry out this section, the Sec- (2) SCIENTIFIC REVIEW.—Before being car- Mr. PEARCE. Mr. Speaker, I ask retaries shall complete an assessment of the ried out, the methods and strategies pro- unanimous consent that all Members extent of Salt Cedar and Russian Olive inva- posed for each demonstration project shall may have 5 legislative days within sion in the Western United States. be subject to review by scientific experts, in- which to revise and extend their re- (b) CONTENT.—The assessment shall include cluding non-Federal experts, selected by the marks and include extraneous material the following: Secretaries. The Secretaries may use exist- on the bill under consideration. (1) To the extent practicable, documenta- ing scientific review processes to the extent tion of the quantity of water lost due to the they comply with this requirement. The SPEAKER pro tempore. Is there infestation. (c) PROJECT COSTS AND COST SHARING.—The objection to the request of the gen- (2) Documentation of the quantity of water total cost of each demonstration project may tleman from New Mexico? saved due to various control methods, in- not exceed $7,000,000, including the costs of There was no objection. cluding the portion of saved water that re- planning, design, implementation, revegeta- Mr. PEARCE. Mr. Speaker, I yield turns to surface water or groundwater sup- tion, maintenance, and monitoring. In the myself such time as I may consume. plies and at what rates. case of a demonstration project conducted on Mr. Speaker, H.R. 2707, the Salt (3) Determination of the optimum control lands under the jurisdiction of the Secretary method for the various land types and land of the Interior or the Secretary of Agri- Cedar and Russian Olive Control Dem- uses. culture, the Secretaries may accept, but not onstration Act, provides for the Secre- (4) Determination of what conditions indi- require, funds or in-kind contributions, in- taries of the Interior and Agriculture cate the need to remove such growth and the cluding State agency provided services. The to carry out a demonstration program

VerDate jul 14 2003 00:54 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.006 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H521 assessing potential water savings bill will take the first step to enhance are under way. In order to effectively through control of Salt Cedar and Rus- our capability to control these species. eliminate Salt Cedar, these projects sian Olive on forests and public lands Under this proposed legislation, land must cover many miles of rivers and administered by the Department of the managers will quantify the scope of the stream banks. Taking out large areas Interior and the U.S. Forest Service. Salt Cedar and Russian Olive invasion of Salt Cedar at a time reduces the Salt Cedar and Russian Olive are and then develop demonstration spread of new plants. both invasive species that adversely projects to eradicate the invasives. A mature Salt Cedar can use up to impact the water supply, increases soil Invasive species control should be- 200 gallons of water per day, much salinity, lowers the potential water come a national priority. I believe this more water than native vegetation that the soil can hold, and increases bill is only a tip of the iceberg. We that could be replanted to stabilize fire frequency. Last summer in Albu- must find a solution not only to Salt those stream banks. Salt Cedars add to querque, New Mexico, several hundred Cedar and Russian Olive invasions, but the salinity of water, which kills other acres along the Rio Grande River also to the spread of other invasive plants and displaces wildlife. burned, forcing about 600 people to be plants and animals. While we still need rain in west evacuated from their homes. This fire I want to commend my good friend, Texas to alleviate the drought and re- burned many native cottonwood and the gentleman from New Mexico (Mr. plenish water supplies, we also need to willow trees. However, one of the cul- PEARCE), for his management of this take proactive steps to save the water prits being blamed for the escalation of legislation, and commend him also for resources we already have. Large-scale the fire is the large amount of under- sponsoring this legislation. I also eradication of Salt Cedars is one of the brush that had collected, which was thank the majority for incorporating means to conserve water. Enacting this mostly Salt Cedar. Without this build- amendments to the text at our request. legislation to further demonstration up of Salt Cedar, the fire probably I would also like to recognize the mem- projects and additional research will would not have burned as extensively bers of the Committee on Resources help other States, our State and other or with the intensity that it did. and members on this side of the aisle communities implement the best strat- Regardless of what side of the aisle who also have been cosponsors of this egies to deal with this Salt Cedar infes- one is on, most can agree that control- bill: the gentleman from Arizona (Mr. tation sucking down our water sup- ling Salt Cedar and Russian Olive is GRIJALVA), the gentleman from Cali- plies. important for water salvage, riparian fornia (Mr. CARDOZA), the gentleman I urge my colleagues to support this restoration, salinity control, habitat from Colorado (Mr. MARK UDALL), and legislation. restoration, and wildlife management. the gentleman from New Mexico (Mr. Mr. FALEOMAVAEGA. Mr. Speaker, Salt Cedar is widely distributed and TOM UDALL) as sponsors of this legisla- I yield 3 minutes to the distinguished is extensive along riparian areas in the tion. gentleman from California (Mr. FIL- Western United States, particularly Mr. Speaker, I urge my colleagues to NER). along the Colorado, Rio Grande, the support this bill. Mr. FILNER. Mr. Speaker, I rise in Pecos and Gila Rivers. Controlling and Mr. Speaker, I reserve the balance of support of H.R. 2707. I thank the gen- hopefully one day completely eradi- my time. tleman from New Mexico for his spon- cating Salt Cedar and Russian Olive is Mr. PEARCE. Mr. Speaker, I yield sorship and leadership. We have heard important. As we eradicate Salt Cedar, such time as he may consume to the about how important it is to the areas we increase the flow of water in the gentleman from Texas (Mr. of Texas and New Mexico. It is also im- streams, springs, and rivers, and re- NEUGEBAUER). portant to my district, one of the most store native plants that are less water- Mr. NEUGEBAUER. Mr. Speaker, I important agricultural areas in the consuming and improve habitat. rise today in support of H.R. 2707, the United States, the Imperial Valley of Because of the widespread nature of Salt Cedar and Russian Olive Control California. Salt Cedar and Russian Olive, there Demonstration Act. We use water from the Colorado have been many projects to clear these In Texas, New Mexico, and other River, and we have heard how invasive trees and then to estimate how much Western States prone to drought, Salt this Salt Cedar can be. In fact, the Im- water was saved. These increased Cedar trees are absorbing millions of perial County Agriculture Commis- stream flows and water restoration es- gallons of water that our communities sioners Office and the Brawley, Cali- timates vary widely. The high ranges and farms can put to better use. Land- fornia Research Station have been from 6 to 9 acrefeet saved per year, owners and local State agencies have studying for a long time now how to down to a low of between zero to 1.5 been working to slow the spread of Salt control Salt Cedar. John Kershaw, the acrefeet per year, per acre cleared, the Cedars and eradicating them from the president of the Imperial Valley Con- last estimate based on a study done by banks of rivers and streams, but this servation Research Center Committee, USGS on the Pecos River in New Mex- effort has been an uphill battle. Their and Stephen Birdsall, Imperial County ico. vast root systems and abundant seeds Agricultural Commissioner, have Mr. Speaker, H.R. 2707 will begin to carried by wind and water make get- briefed me on the great strides that address these problems by providing ting rid of them very challenging. Un- have been made to controlling Salt sound science and, in turn, developing less we eliminate them, Salt Cedars Cedar in our area. This bill will greatly and expanding on innovative ap- will continue soaking up valuable and help with those efforts. proaches to control these harmful scarce water that west Texas commu- We have heard how much water these weeds. nities need. species use. Salt Cedar is like a giant I urge adoption of the bill. The demonstration projects and re- straw: One tree can suck up to 200 gal- Mr. Speaker, I reserve the balance of search authorized by this legislation lons of water a day. my time. will help find more effective means to Mr. FALEOMAVAEGA. Mr. Speaker, speed the eradication of Salt Cedars. I yield myself such time as I may con- Better strategies for fighting the b 1430 sume. spread of Salt Cedars will benefit com- It can cause an increase in fire and (Mr. FALEOMAVAEGA asked and munities across State lines. Much flooding, a decrease in water quantity was given permission to revise and ex- water used in west Texas originates in and quality and an increase in soil sa- tend his remarks.) other States, and Salt Cedars along linity. It can replace native species, de- Mr. FALEOMAVAEGA. Mr. Speaker, those rivers are reducing the supply grade wildlife habitat, and limit the I rise in strong support of this legisla- available to all of us. human use of riverbanks. tion, H.R. 2707. Salt Cedar and Russian Salt Cedar eradication projects are Salt Cedar was originally introduced Olive trees have caused severe ecologi- showing results. A project in the Pecos in order to stabilize stream banks, but cal damage in the Southwest. These River in Texas has saved 12 billion gal- it has turned into a nightmare for our invasive species crowd out native spe- lons of water, nearly enough water to farming communities. We have spent cies while crossing public and private serve my hometown of Lubbock for 1 millions of dollars trying to eradicate lands, spreading indiscriminately. This year, and additional eradication efforts this pest. Million of gallons of water

VerDate jul 14 2003 00:54 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.007 H24PT1 H522 CONGRESSIONAL RECORD — HOUSE February 24, 2004 have been wasted. We have become in- compete with invasive pests for an al- guished gentleman from New Mexico creasingly concerned about water con- ready limited supply of drinking water. (Mr. UDALL), one of the cosponsors of servation and the best use of our nat- I have represented west Texas now this legislation. ural resources in this Nation. Those of for 25 years, and there is virtually (Mr. UDALL of New Mexico asked us who rely on the Colorado River see nothing of greater daily concern out and was given permission to revise and that Salt Cedar squanders this pre- there than the availability of fresh extend his remarks.) cious, precious water. water. Like much of the West, the 17th Mr. UDALL of New Mexico. Mr. Removing it would allow native Congressional District of Texas has Speaker, as a cosponsor of H.R. 2707, I plants which have been squeezed out by certainly experienced the consequences am extremely pleased that this bill is the noxious tree to come back to our of drought. Stream banks and lakebeds on the floor of the House today. community. Removing the tree would continued to recede during the dry pe- I would like to thank my colleague also encourage wildlife populations to riods, while Salt Cedar proliferates in from New Mexico (Mr. PEARCE) for in- increase, including several species, those areas. troducing this important legislation such as the Willow Flycatcher, that are The devastating results can be seen and for his leadership on this issue. I declining or are threatened or endan- all over west Texas as dense thickets of would also like to thank the gentleman gered. The Flycatcher is an endangered Salt Cedar have overtaken native plant from American Samoa for his hard bird that eats insects that thrive on species in the Colorado River basin. In work and his leadership in bringing native plants in my district, which the fact, the Colorado River Municipal this to the floor today. Mr. Speaker, those of us from the Salt Cedar has displaced. Water District estimated that Salt I commend the Departments of Inte- Cedar consumed more water in 2002 West are all too familiar with the rior and Agriculture for their dedica- than the district’s largest municipal water troubles that our communities tion to controlling or eradicating customer, a city with more than 100,000 are facing. Many of us are trying to find commonsense approaches to sus- invasive species such as Salt Cedar. We people. The combined capacity of the tainable water management. This leg- must continue this important work. district’s three reservoirs fell below 25 islation is an important step in that di- We can protect our most precious nat- percent during 2002, and it became rection. readily apparent that Salt Cedar was ural resources, water, wildlife, and soil, H.R. 2707 authorizes funds for dem- by eradicating this invasive species. robbing municipalities of this precious onstration projects on the Pecos and Mr. Speaker, clearly these species resource. Rio Grande rivers to find the most effi- are serious problems across all the The water district has worked closely cient way to eliminate the invasive with many Federal, State, and local United States, but particularly in the Salt Cedar species. The legislation au- entities to begin brush control projects Southwest. The challenges they thorizes up to $7 million per trial for within the Colorado River watershed. present to our communities are enor- the Army Corps of Engineers to begin mous, but we cannot let them ruin our They have implemented Salt Cedar examining the most effective methods natural native resources. We can and control projects with reasonable suc- to remove the Salt Cedar. The invasive we must take back the land and water cess on both public and private lands. Salt Cedar species is very damaging to for our communities. Further, private landowners have suc- water efficiency, has no natural en- I thank the gentleman from New cessfully partnered with the National emies such as insects and diseases, and Mexico (Mr. PEARCE) for his leadership Resources Conservation Service to em- has a ravenous thirst. A large tree can in this struggle. ploy brush control on their properties. soak up as much as 200 gallons of water Mr. PEARCE. Mr. Speaker, I reserve In several cases, dormant streams and per day. the balance of my time. creeks have again begun to flow where Removing the Salt Cedar alone will Mr. FALEOMAVAEGA. Mr. Speaker, those control programs were imple- not be a panacea for our water trou- I yield such time as he may consume to mented. bles, but will certainly go a long way the distinguished gentleman from I am convinced that this bill moves towards improving our water effi- Texas (Mr. STENHOLM), our most senior towards real solutions to the Salt ciency. ranking member on the Committee on Cedar and Russian Olive invasion. It Because of the importance of this Agriculture, and certainly commend lays out the framework for private and task, support of efforts to eradicate him for his expertise on agriculture-re- public land managers to cooperate with non-native plants in New Mexico are lated issues. the U.S. Department of the Interior, widely supported by a diverse number Mr. STENHOLM. Mr. Speaker, I U.S. Department of Agriculture, local of groups. The Alliance for the Rio thank my friend from American Samoa soil and water conservation districts Grande Heritage and the Northern New for yielding me this time. and State agencies to work together on Mexico Sierra Club have supported ef- Mr. Speaker, I rise today in strong the demonstration programs author- forts by the New Mexico legislature to support of H.R. 2707. I am an original ized in this bill. After all, it will take eliminate Salt Cedar and other cosponsor of this legislation, and I integrated control and management phreatophytes along the State’s river- worked hard to push it through the practices to significantly deter the fur- banks. House Committee on Agriculture; and I ther spread of these non-native species. Farmers and conservationists agree also want to commend highly my col- I have worked tirelessly during my that everything possible must be done league from New Mexico (Mr. PEARCE) time in Congress to address the scarce to remove Salt Cedars and other for his diligent work on the Committee water situation in west Texas, and I invasive species. Addressing a problem on Resources to make this issue a top can attest that brush control efforts of this magnitude will require signifi- priority and to shepherd this bill to the have produced the most lasting results cant resources; and it is, therefore, im- floor of the House of Representatives in the 17th district. Most of our Nation perative that we develop the most ef- today. Again, I thank my friend from faces an urgency to develop long-term fective approaches. Passing this legis- American Samoa (Mr. FALEOMAVAEGA) plans to ensure that communities will lation will allow the Federal Govern- for his work on bringing it to the floor have an adequate supply of drinking ment to make a significant contribu- today. water. I truly believe this legislation tion to helping communities through- My friend from New Mexico and I will help public and private land man- out the Nation eradicate the Salt share similar constituencies, and we agers across the Western United States Cedar. maintain the same concerns that we take a giant step toward implementing Mr. Speaker, the water problems fac- must act now to ensure the availability more efficient and effective brush con- ing the West are complex and politi- of fresh water in the future. This legis- trol projects that will result in better cally charged. However, we all stand lation is not about simply eliminating water conservation. here today committed to taking an im- Salt Cedar and Russian Olive from wa- I close by saying, unlike a barrel of portant step in the fight against water tersheds. It is about controlling these oil, it is tough to put a price on clean, shortages by passing this legislation. I plants to increase our supplies of fresh fresh water. urge my colleagues to support this bill. water in the Western United States. Mr. FALEOMAVAEGA. Mr. Speaker, I thank, once again, the gentleman America’s citizens should not have to I gladly yield 5 minutes to the distin- from New Mexico (Mr. PEARCE).

VerDate jul 14 2003 00:54 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.025 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H523 Mr. PEARCE. Mr. Speaker, I yield table. Tamarisk, originally introduced by set- SECTION 1. SHORT TITLE. myself 2 minutes. tlers trying to control stream bank erosion, is This Act may be cited as the ‘‘Southwest As the assembled body can hear, this inedible to most animals and is notoriously dif- Forest Health and Wildfire Prevention Act of 2004’’. bipartisan bill has great importance, ficult to kill. Even when it’s burned, it gen- SEC. 2. FINDINGS. and especially throughout the West. I erates new shoots. Congress finds that— thank the gentleman from Texas (Mr. This plant’s effects are particularly dev- (1) there is an increasing threat of wildfire STENHOLM), the gentleman from Amer- astating in our state and in our neighboring to millions of acres of forest land and range- ican Samoa (Mr. FALEOMAVAEGA), and states, and so I have worked on the Science land throughout the United States; the gentleman from New Mexico (Mr. Committee to create new opportunities to (2) forest land and rangeland are degraded UDALL) for their hard work on behalf of combat tamarisk. This bill is an important step as a direct consequence of land management this bill. towards eradicating the threat that tamarisk practices, including practices to control and prevent wildfires and the failure to harvest I have areas, Mr. Speaker, in my dis- poses in Utah and other Western states, and I will continue to support it and other legisla- subdominant trees from overstocked stands trict which typically get around 16 that disrupt the occurrence of frequent low- inches of rainfall a year. In the last tion which furthers our battle to remove this intensity fires that have periodically re- several years, we have gotten less than threat. moved flammable undergrowth; 6 inches in many of those areas; in Mrs. WILSON of New Mexico. Mr. Speaker, (3) at least 39,000,000 acres of land of the some areas, as little as 2 inches in the I rise today to support H.R. 2707, the Salt National Forest System in the interior West last 12 months. Cedar and Russian Olive Control Demonstra- are at high risk of wildfire; tion Act, introduced by my colleague from New (4) an average of 95 percent of the expendi- Mr. Speaker, our entire agricultural tures by the Forest Service for wildfire sup- production system is at risk. We need Mexico STEVE PEARCE. The Russian Olive and Salt Cedar are pression during fiscal years 1990 through 1994 to support our farming and ranching. invasive species that are soaking up our were made to suppress wildfires in the inte- We need to understand that one of the water. Water is the lifeblood of the American rior West; (5) the number, size, and severity of most critical things we can provide for West and foundation of our economy. The Salt ourselves and our Nation is a secure wildfires in the interior West are increasing; Cedar can consume up to 200 gallons of (6) of the timberland in National Forests in supply of food. water per day during growing season. This is Mr. Speaker, this bill should begin to the States of Arizona and New Mexico, 59 more than the average Albuquerque house- percent of such land in Arizona, and 56 per- deliver more water to the agriculture hold consumes in a day. cent of such land in New Mexico, has an av- community of America. Additionally, these invasive species are erage diameter of 9 to 12 inches diameter at Mr. Speaker, I reserve the balance of highly flammable and put our communities at breast height; my time. risk. In 2003 two major fires, fueled by these (7) the population of the interior West grew Mr. FALEOMAVAEGA. Mr. Speaker, invasive species, broke out in the heart of Al- twice as fast as the national average during I yield myself 1 minute. the 1990s; buquerque. These fires left 16,000 people (8) catastrophic wildfires— Mr. Speaker, my district has 200 temporarily without electrical power, threat- inches of rainwater a year, and I would (A) endanger homes and communities; ened 600 homes and led to the evacuation of (B) damage and destroy watersheds and be more than glad to share some of my about 1,000 people. soils; and water with my colleagues. Unfortu- This legislation begins an important Federal (C) pose a serious threat to the habitat of nately, they would have to go many initiative to reduce the negative effect of these threatened and endangered species; miles to get these 200 inches of water invasive species. (9) a 1994 assessment of forest health in the that we would be more than glad to Mr. PEARCE. Mr. Speaker, I have no interior West estimated that only a 15- to 30- share with our friends here in the con- additional speakers, and I yield back year window of opportunity exists for effec- tinental United States. tive management intervention before dam- the balance of my time. age from uncontrollable wildfire becomes Mr. Speaker, I think the spirit of bi- The SPEAKER pro tempore (Mr. widespread, with 8 years having already partisanship has been demonstrated LEACH). The question is on the motion elapsed since the assessment; this afternoon as we debate and discuss offered by the gentleman from New (10) healthy forest and woodland eco- this issue; and, again, I urge my col- Mexico (Mr. PEARCE) that the House systems— leagues to support this legislation. suspend the rules and pass the bill, (A) reduce the risk of wildfire to forests Mr. Speaker, I yield back the balance H.R. 2707, as amended. and communities; of my time. The question was taken. (B) improve wildlife habitat and biodiver- Mr. PEARCE. Mr. Speaker, I accept The SPEAKER pro tempore. In the sity; opinion of the Chair, two-thirds of (C) increase tree, grass, forb, and shrub the gentleman’s offer of the rain that productivity; he has and shares so willingly, and we those present have voted in the affirm- (D) enhance watershed values; will address that in the next bill. ative. (E) improve the environment; and Mr. MATHESON. Mr. Speaker, as Utah Mr. PEARCE. Mr. Speaker, on that I (F) provide a basis in some areas for eco- copes with its most severe drought in recent demand the yeas and nays. nomically and environmentally sustainable times, protecting our native species from The yeas and nays were ordered. uses; The SPEAKER pro tempore. Pursu- invasive plants is vital to both agriculture and (11) sustaining the long-term ecological ant to clause 8 of rule XX and the the environment. It is important to those of us and economic health of interior West forests Chair’s prior announcement, further and woodland, and their associated human in the West to take those steps necessary to proceedings on this motion will be communities requires preventing severe stop non-native species from consuming our postponed. wildfires before the wildfires occur and per- precious water resources. mitting natural, low-intensity ground fires; Throughout the development of the West, f (12) more natural fire regimes cannot be we have maintained a healthy and vibrant bal- SOUTHWEST FOREST HEALTH AND accomplished without the reduction of ex- ance between our economic and residential WILDFIRE PREVENTION ACT OF cess fuels and thinning of subdominant trees needs and the needs of our native plants and 2004 (which fuels and trees may be of commercial animals. The tamarisk threatens that balance. value); Mr. RENZI. Mr. Speaker, I move to (13) ecologically based forest and woodland For this reason, I support H.R. 2707—The suspend the rules and pass the bill ecosystem restoration on a landscape scale Salt Cedar and Russian Olive Control Dem- (H.R. 2696) to establish Institutes to will— onstration Act. This bill has particular meaning demonstrate and promote the use of (A) improve long-term community protec- to me and to my constituents, because of the adaptive ecosystem management to re- tion; efforts it promotes to eradicate tamarisk. duce the risk of wildfires, and restore (B) minimize the need for wildfire suppres- Overall, experts estimate the economic im- the health of fire-adapted forest and sion; (C) improve resource values; pact of invasive species in the U.S. to be over woodland ecosystems of the interior $100 billion annually. Scientists have cal- (D) improve the ecological integrity and West, as amended. resilience of these systems; culated that tamarisk plants soak up an esti- The Clerk read as follows: (E) reduce rehabilitation costs; mated 2–4 million acre-feet of water per year H.R. 2696 (F) reduce loss of critical habitat; and in the West. A single plant can absorb up to Be it enacted by the Senate and House of Rep- (G) protect forests for future generations; 300 gallons of water a day through a taproot resentatives of the United States of America in (14) although landscape scale restoration is that can reach down 50 feet into the water Congress assembled, needed to effectively reverse degradation,

VerDate jul 14 2003 00:54 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.011 H24PT1 H524 CONGRESSIONAL RECORD — HOUSE February 24, 2004 scientific understanding of landscape scale (iv) uses the resulting new knowledge to (A) the State of Arizona, to be located at treatments is limited; modify future management methods and pol- Northern Arizona University; (15) rigorous, objective, understandable, icy. (B) the State of New Mexico, to be located and applied scientific information is needed (B) CLARIFICATION.—This paragraph shall at New Mexico Highlands University, while for— not define the term ‘‘adaptive ecosystem engaging the full resources of the consor- (A) the design, implementation, moni- management’’ for the purposes of the Forest tium of universities represented in the Insti- toring, and adaptation of landscape scale res- and Rangeland Renewable Resources Plan- tute of Natural Resource Analysis and Man- toration treatments and improvement of ning Act of 1974 (16 U.S.C. 1600 et seq.). agement (INRAM); and wildfire management; (2) AFFECTED ENTITIES.—The term ‘‘af- (C) the State of Colorado. (B) the environmental review process; and fected entities’’ includes— (c) DUTIES.—Each Institute shall— (C) affected entities that collaborate in the (A) land managers; (1) develop, conduct research on, transfer, development and implementation of wildfire (B) stakeholders; promote, and monitor restoration-based haz- treatment. (C) concerned citizens; and ardous fuel reduction treatments to reduce SEC. 3. PURPOSES. (D) the States of the interior West, includ- the risk of severe wildfires and improve the The purposes of this Act are— ing political subdivisions of the States. health of dry forest and woodland eco- (1) to enhance the capacity to develop, (3) DRY FOREST AND WOODLAND ECO- systems in the interior West; transfer, apply, monitor, and regularly up- SYSTEM.—The term ‘‘dry forest and woodland (2) synthesize and adapt scientific findings date practical science-based forest restora- ecosystem’’ means an ecosystem that is from conventional research to implement tion treatments that will reduce the risk of dominated by ponderosa pines and associated restoration-based hazardous fuel reduction severe wildfires, and improve the health of dry forest and woodland types. treatments on a landscape scale using an dry forest and woodland ecosystems in the (4) INSTITUTE.—The term ‘‘Institute’’ adaptive ecosystem management framework; interior West; means an Institute established under section (3) translate for and transfer to affected (2) to synthesize and adapt scientific find- 5(a). entities any scientific and interdisciplinary ings from conventional research programs to (5) INTERIOR WEST.—The term ‘‘interior knowledge about restoration-based haz- the implementation of forest and woodland West’’ means the States of Arizona, Colo- ardous fuel reduction treatments; restoration on a landscape scale; rado, Idaho, Nevada, New Mexico, and Utah. (4) assist affected entities with the design (3) to facilitate the transfer of inter- (6) LAND MANAGER.— of adaptive management approaches (includ- disciplinary knowledge required to under- (A) IN GENERAL.—The term ‘‘land man- ing monitoring) for the implementation of stand the socioeconomic and environmental ager’’ means a person or entity that prac- restoration-based hazardous fuel reduction impacts of wildfire on ecosystems and land- tices or guides natural resource manage- treatments; and scapes; ment. (5) provide peer-reviewed annual reports. (4) to require the Institutes established (B) INCLUSIONS.—The term ‘‘land manager’’ (d) QUALIFICATIONS.—Each Institute shall— under this Act to collaborate with Federal includes a Federal, State, local, or tribal (1) develop and demonstrate capabilities in agencies— land management agency. the natural, physical, social, and policy (A) to use ecological restoration treat- (7) RESTORATION.—The term ‘‘restoration’’ sciences; and ments to reverse declining forest health and means a process undertaken to move an eco- (2) explicitly integrate those disciplines in reduce the risk of severe wildfires across the system or habitat toward— the performance of the duties listed in sub- forest landscape; and (A) a sustainable structure of the eco- section (c). (B) to design, implement, monitor, and reg- system or habitat; or (e) COOPERATION.—Each Institute may co- ularly revise representative wildfire treat- (B) a condition that supports a natural operate with— ments based on the use of adaptive eco- complement of species, natural function, or (1) researchers and cooperative extension system management; ecological process (such as a low-intensity programs at colleges, community colleges, (5) to assist land managers in— fire). and universities in the States of Arizona, (A) treating acres with restoration-based (8) SECRETARY.—The term ‘‘Secretary’’ New Mexico, and Colorado that have a dem- applications; and means the Secretary of Agriculture, acting onstrated capability to conduct research de- (B) using new management technologies through the Chief of the Forest Service. scribed in subsection (c); and (including the transfer of understandable in- (9) SECRETARIES.—The term ‘‘Secretaries’’ (2) other organizations and entities in the formation, assistance with environmental means— interior West (such as the Western Gov- review, and field and classroom training and (A) the Secretary of Agriculture, acting ernors’ Association). collaboration) to accomplish the goals iden- through the Chief of the Forest Service; and (f) ANNUAL WORK PLANS.—As a condition of tified in— (B) the Secretary of the Interior. the receipt of funds made available under (i) the National Fire Plan; (10) STAKEHOLDER.—The term ‘‘stake- this Act, for each fiscal year, each Institute (ii) the report entitled ‘‘Protecting People holder’’ means any person interested in or shall develop in consultation with the Sec- and Sustaining Resources in Fire-Adapted affected by management of forest or wood- retary, for review by the Secretary, in con- Ecosystems-A Cohesive Strategy’’ (65 Fed. land ecosystems. sultation with the Secretary of the Interior, Reg. 67480); and (11) SUBDOMINANT TREES.—Are trees that an annual work plan that includes assur- (iii) the report entitled ‘‘10-Year Com- occur underneath the canopy or extend into ances, satisfactory to the Secretaries, that prehensive Strategy: A Collaborative Ap- the canopy but are smaller and less vigorous the proposed work of the Institute will serve proach for Reducing Wildland Fire Risks to than dominant trees. the informational needs of affected entities. Communities and the Environment’’ of the (12) OVERSTOCKED STANDS.—Where the (g) ESTABLISHMENT OF ADDITIONAL INSTI- Western Governors’ Association; number of trees per acre exceeds the natural TUTES.—If after 2 years after the date of the (6) to provide technical assistance to col- carrying capacity of the site. enactment of this Act, the Secretary finds laborative efforts by affected entities to de- (13) RESILIENCE.—The ability of a system that the Institute model established at the velop, implement, and monitor adaptive eco- to absorb disturbance without being pushed locations named in subsection (b)(2) would be system management restoration treatments into a different, possibly less desirable stable constructive for other interior West States, that are ecologically sound, economically state. the Secretary may establish 1 institute in viable, and socially responsible; and SEC. 5. ESTABLISHMENT OF INSTITUTES. each of those States. (7) to assist Federal and non-Federal land (a) IN GENERAL.—The Secretary, in con- SEC. 6. COOPERATION BETWEEN INSTITUTES managers in providing information to the sultation with the Secretary of the Interior, AND FEDERAL AGENCIES. public on the role of fire and fire manage- shall— In carrying out this Act, the Secretary, in ment in dry forest and woodland ecosystems (1) not later than 180 days after the date of consultation with the Secretary of the Inte- in the interior West. enactment of this Act, establish Institutes rior— SEC. 4. DEFINITIONS. to promote the use of adaptive ecosystem (1) to the extent that funds are appro- In this Act: management to reduce the risk of wildfires, priated for the purpose, shall provide finan- (1) ADAPTIVE ECOSYSTEM MANAGEMENT.— and restore the health of forest and wood- cial and technical assistance to the Insti- (A) DEFINITION.—The term ‘‘adaptive eco- land ecosystems, in the interior West; and tutes to carry out the duties of the Insti- system management’’ means a natural re- (2) provide assistance to the Institutes to tutes under section 5; source management process under which promote the use of collaborative processes (2) shall encourage Federal agencies to use, planning, implementation, monitoring, re- and adaptive ecosystem management in ac- on a cooperative basis, information and ex- search, evaluation, and incorporation of new cordance with paragraph (1). pertise provided by the Institutes; knowledge are combined into a management (b) LOCATION.— (3) shall encourage cooperation and coordi- approach that— (1) EXISTING INSTITUTES.—The Secretary nation between Federal programs relating (i) is based on scientific findings and the may designate an institute in existence on to— needs of society; the date of enactment of this Act to serve as (A) ecological restoration; (ii) treats management actions as experi- an Institute established under this Act. (B) wildfire risk reduction; and ments; (2) STATES.—Of the Institutes established (C) wildfire management technologies; (iii) acknowledges the complexity of these under this Act, the Secretary shall establish (4) notwithstanding chapter 63 of title 31, systems and scientific uncertainty; and 1 Institute in each of— United States Code, may—

VerDate jul 14 2003 00:54 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.007 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H525 (A) enter into contracts, cooperative agree- The SPEAKER pro tempore. Is there Mr. UDALL of New Mexico. Mr. ments, and interagency personal agreements objection to the request of the gen- Speaker, I rise today in strong support to carry out this Act; and tleman from Arizona? of H.R. 2696, the Southwest Forest (B) carry out other transactions under this There was no objection. Health and Wildfire Prevention Act of Act; Mr. RENZI. Mr. Speaker, I yield my- (5) may accept funds from other Federal 2003. This is extremely important legis- agencies to supplement or fully fund grants self such time as I may consume. lation, and I applaud the gentleman made, and contracts entered into, by the H.R. 2696 establishes institutes to from Arizona (Mr. RENZI) for his work Secretaries; demonstrate and promote the use of on this issue. I also thank the gen- (6) may support a program of internships adaptive ecosystem management to re- tleman from American Samoa for his for qualified individuals at the under- duce the risk of wildfires and restore leadership on this important issue. graduate and graduate levels to carry out the health of fire-adaptive forest and Mr. Speaker, in my home State of the educational and training objectives of woodland ecosystems of the interior New Mexico, we are experiencing a this Act; West. (7) shall encourage professional education very serious and prolonged drought. This legislation directs the Secretary Not only does this further exacerbate and public information activities relating to of Agriculture, in consultation with the purposes of this Act; and our water shortage as well as the dif- (8) may promulgate such regulations as the the Secretary of Interior, to establish ficulties faced by agriculture and live- Secretaries determine are necessary to carry the Ecological Restoration Institute at stock communities, but it also makes out this Act. Northern Arizona University, under the for very dangerous fire conditions as SEC. 7. MONITORING AND EVALUATION. leadership of Dr. Wally Covington, and we approach spring and summer. (a) IN GENERAL.—Not later than 5 years similar institutes in New Mexico and Unfortunately, the issue of fire pre- after the date of enactment of this Act, and Colorado, with the purpose of sup- vention and suppression is extremely every 5 years thereafter, the Secretary, in porting groups to assist in the design consultation with the Secretary of the Inte- controversial. That is why I believe it rior, shall complete and submit to the Com- and implementation of large-scale for- is important that our country establish mittee on Resources and the Committee on est restoration treatments. a science-based common-sense fire pol- Agriculture of the House of Representatives Research has shown that large forest icy. This bipartisan legislation before and to the Committee on Energy and Nat- fires will continue unless large scale us today lays the groundwork for a ural Resources of the Senate a detailed eval- action is taken. The treatment of our science-based strategy to combat wild- uation of the programs and activities of each forests must begin with solid, sound Institute— fire in the West. science to restore the balance of our H.R. 2696 directs the Forest Service, (1) to ensure, to the maximum extent prac- unhealthy forests. H.R. 2696 will facili- ticable, that the research, communication in consultation with the Department of tools, and information transfer activities of tate this important research. the Interior, to establish institutes to each Institute are sufficient to achieve the I urge adoption of the bill. promote the use of adaptive ecosystem purposes of this Act, including— Mr. Speaker, I reserve the balance of management to reduce the risk of (A) implementing active adaptive eco- my time. wildfires and restore the health of fire- system management practices at the land- Mr. FALEOMAVAEGA. Mr. Speaker, adapted woodland in the West. The scape level; I yield myself such time as I may con- Agency would be required to provide (B) reducing unnecessary planning costs; sume. the institutes with financial and tech- (C) avoiding duplicative and conflicting ef- (Mr. FALEOMAVAEGA asked and nical assistance. Creating these insti- forts; was given permission to revise and ex- tutions will create a solid foundation (D) increasing public acceptance of active tend his remarks.) adaptive ecosystem management practices; Mr. FALEOMAVAEGA. Mr. Speaker, for scientific knowledge and the ability and to rapidly convert new insights into (E) achieving general satisfaction on the I would like to extend my commenda- tion to the gentleman from Arizona for technology and tools. part of affected entities; These institutes will also create com- his sponsorship of this proposed bill; (2) to determine the extent to which each mon ground for environmental, rec- and, Mr. Speaker, H.R. 2696 directs the Institute has implemented its duties under reational, commercial, and govern- section 5(c); and Secretary of Agriculture to establish mental interests to work together and (3) to determine whether continued provi- three university-based institutes to end the gridlock that has often para- sion of Federal assistance to each Institute conduct and promote research to assist lyzed forest management initiatives. is warranted. Federal land managers in the com- (b) TERMINATION OF ASSISTANCE.—If, as a Mr. Speaker, I am also extremely plicated process of reducing risks of result of an evaluation under subsection (a), pleased the Forest Management Insti- wildfires and improving forest health the Secretary, in consultation with the Sec- tute in New Mexico will be centered at retary of the Interior, determines that an In- in the interior West. New Mexico Highlands University, lo- stitute does not qualify for further Federal The bill specifically designates two cated in my congressional district. assistance under this Act, the Institute shall universities to house institutes, North- While being centered at Highlands, receive no further Federal assistance under ern Arizona University in Arizona and however, the institute will engage the this Act until such time as the qualifications Highlands University in New Mexico. of the Institute are reestablished to the sat- full resources of the consortium of uni- The Secretary shall also designate a isfaction of the Secretaries. versities represented in the Institute of third institute to be located in the SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Natural Resource Analysis and Man- State of Colorado. The bill authorizes (a) IN GENERAL.—There is authorized to be agement, INRAM. This includes the appropriated to carry out this Act $15,000,000 $15 million annually for these insti- other New Mexico education institu- for each fiscal year. tutes, subject to appropriations. (b) LIMITATION.—No funds made available tions of higher learning, such as New under subsection (a) shall be used to pay the b 1445 Mexico State University, University of costs of constructing any facilities. Mr. Speaker, I congratulate the bill’s New Mexico, New Mexico Tech, New The SPEAKER pro tempore. Pursu- sponsor, again the gentleman from Ari- Mexico Highlands, Eastern New Mexico ant to the rule, the gentleman from Ar- zona. I also want to recognize the con- University, and Western New Mexico izona (Mr. RENZI) and the gentleman tributions of the Members on this side University. from American Samoa (Mr. of the aisle, the gentleman from Colo- I would also like to thank the gen- FALEOMAVAEGA) each will control 20 rado (Mr. UDALL) and the gentleman tleman from Arizona (Mr. RENZI) as minutes. from New Mexico (Mr. UDALL). I thank well as the gentleman from New Mex- The Chair recognizes the gentleman them for their help, their sponsorship ico (Mr. PEARCE) and the gentlewoman from Arizona (Mr. RENZI). and their support of this bill. from New Mexico (Mrs. WILSON) for GENERAL LEAVE Mr. Speaker, I reserve the balance of their work on this provision in the bill. Mr. RENZI. Mr. Speaker, I ask unani- my time. It truly was a bipartisan effort. mous consent that all Members may Mr. RENZI. Mr. Speaker, I reserve Mr. Speaker, by passing this legisla- have 5 legislative days within which to the balance of my time. tion and creating these institutions we revise and extend their remarks and in- Mr. FALEOMAVAEGA. Mr. Speaker, will provide much-needed assistance to clude extraneous material on H.R. 2696, I yield 5 minutes to the gentleman land managers in their ongoing efforts the bill under consideration. from New Mexico (Mr. UDALL). to decrease the severity of fires in our

VerDate jul 14 2003 00:54 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.007 H24PT1 H526 CONGRESSIONAL RECORD — HOUSE February 24, 2004 forests and restore woodland eco- (1) improving public safety and reducing as it was originally introduced by the systems. I urge my colleagues to sup- traffic congestion along Salmon Harbor good Senator from the State of Oregon, port passage of this important legisla- Drive (County Road No. 251) in the County; Mr. WYDEN. tion. (2) providing a staging area for off-highway Mr. Speaker, the transferring of a vehicles; and Mr. RENZI. Mr. Speaker, I continue (3) facilitating policing of unlawful camp- small parcel of land to Douglas County to reserve the balance of my time. ing and parking along Salmon Harbor Drive will resolve a difficult safety issue that Mr. FALEOMAVAEGA. Mr. Speaker, and adjacent areas. has arisen regarding the Oregon Dunes I yield myself such time as I may con- (c) SURVEY.—The exact acreage and legal National Recreational Area. The land sume to again urge my colleagues to description of the parcel to be conveyed in question has been identified by the support this proposed bill. under subsection (a) shall be determined by a BLM for disposal. The Committee on Mr. Speaker, I have no further re- survey— Resources approved similar legislation quests for time, and I yield back the (1) that is satisfactory to the Secretary; during the previous Congress, and now and balance of my time. (2) the cost of which shall be paid by the Senate bill 714 passed the Senate by Mr. RENZI. Mr. Speaker, I yield my- County. unanimous consent. self such time as I may consume to (d) ADDITIONAL TERMS AND CONDITIONS.— I also want to commend the gen- thank the gentleman from American The Secretary may require such additional tleman from Oregon (Mr. DEFAZIO) for Samoa for his leadership, and to add terms and conditions in connection with the his sponsorship of this bill, which is a that the gentleman from New Mexico conveyance under subsection (a) as the Sec- companion bill that was introduced as retary considers appropriate to protect the (Mr. UDALL) truly played a major role well, and I certainly commend him for interests of the United States. in the input and construction of this his tireless efforts on behalf of this leg- language, and I am grateful to him for The SPEAKER pro tempore. Pursu- islation and his commitment to resolv- his leadership. ant to the rule, the gentleman from Ar- ing this problem not only for his con- Mr. Speaker, I have no additional re- izona (Mr. RENZI) and the gentleman stituents, but others who want to visit quests for time, and I yield back the from American Samoa (Mr. his beautiful area. balance of my time. FALEOMAVAEGA) each will control 20 I urge my colleagues to support this The SPEAKER pro tempore (Mr. minutes. Senate bill. LEACH). The question is on the motion The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of offered by the gentleman from Arizona from Arizona (Mr. RENZI). my time. (Mr. RENZI) that the House suspend the GENERAL LEAVE Mr. RENZI. Mr. Speaker, I reserve rules and pass the bill, H.R. 2696, as Mr. RENZI. Mr. Speaker, I ask unani- the balance of my time. amended. mous consent that all Members may Mr. FALEOMAVAEGA. Mr. Speaker, The question was taken; and (two- have 5 legislative days within which to I yield such time as he may consume to thirds having voted in favor thereof) revise and extend their remarks and in- the gentleman from Oregon (Mr. the rules were suspended and the bill, clude extraneous material on S. 714, DEFAZIO). as amended, was passed. the bill now under consideration. Mr. DEFAZIO. Mr. Speaker, I thank A motion to reconsider was laid on The SPEAKER pro tempore. Is there the gentleman for yielding me this the table. objection to the request of the gen- time, and I thank my colleagues for tleman from Arizona? considering this legislation today and f There was no objection. certainly hope that it is successfully DOUGLAS COUNTY, OREGON LAND Mr. RENZI. Mr. Speaker, I yield my- passed by the House later this evening. CONVEYANCE self such time as I may consume. Mr. Speaker, this is an issue upon Mr. Speaker, S. 714, introduced by which I and other members of the Or- Mr. RENZI. Mr. Speaker, I move to Senator RON WYDEN of Oregon, and egon delegation have been working for suspend the rules and pass the Senate amended by the Senate, would provide a number of years. The issue of Win- bill (S. 714) to provide for the convey- for the conveyance of 69 acres of BLM chester Bay, Salmon Harbor, and the ance of a small parcel of Bureau of land in Douglas County, Oregon, to im- Dunes access, which is an extremely Land Management land in Douglas prove management of and recreational popular OHV area, has been a growing County, Oregon, to the county to im- access to the Oregon Dunes National problem because of the growing popu- prove management of and recreational Recreational Area. larity. This is sort of a bright light on access to the Oregon Dunes National Mr. Speaker, the intended effect of the coast of Oregon where the economy Recreation Area, and for other pur- transferring this tract of BLM land has been lagging and so many other in- poses. would be to move recreational traffic dustries are in a depressed state. The The Clerk read as follows: off of Salmon Harbor Drive and out of tourism and the support this provides S. 714 the nearby communities. Currently, for local community and small busi- Be it enacted by the Senate and House of Rep- OHV users illegally park on Salmon nesses is very welcome. resentatives of the United States of America in River Drive, creating a public nuisance What has been happening is that, be- Congress assembled, and safety hazard. The legislation cause of a county campground nearer SECTION 1. CONVEYANCE OF BUREAU OF LAND would allow for a staging area for off- to the harbor and other camping, a MANAGEMENT LAND IN DOUGLAS COUNTY, OREGON. highway vehicles and provide improved number of people have been driving (a) IN GENERAL.— access to the Oregon Dunes for other their OHVs actually on the road to ac- (1) CONVEYANCE.—The Secretary of the In- visitors, such as hikers and back- cess the nearest point into the Oregon terior shall convey, without consideration packers. Dunes National Recreation Area. That and subject to valid existing rights, to Doug- Mr. Speaker, S. 714, as amended, is causes obviously congestion, conflicts las County, Oregon (referred to in this sec- supported by the administration, has with other vehicles on the road, and in tion as the ‘‘County’’), all right, title, and broad bipartisan support from the Or- some cases has been very problematic interest of the United States in and to the parcel described in paragraph (2) for use by egon delegation, and I urge adoption of in the community and been a law en- the County for recreational purposes. the bill. forcement problem on some of the big (2) PARCEL.—The parcel referred to in para- Mr. Speaker, I reserve the balance of holiday weekends. This could be easily graph (1) is the parcel of land consisting of my time. rectified, and hopefully will be today, approximately 68.8 acres under the adminis- Mr. FALEOMAVAEGA. Mr. Speaker, by transferring this parcel of land. trative jurisdiction of the Bureau of Land I yield myself such time as I may con- I visited the parcel in question. It is Management, as generally depicted on the sume. extraordinarily underutilized at the map entitled ‘‘S. 714, Douglas County, Or- (Mr. FALEOMAVAEGA asked and moment. It is virtually unpoliced be- egon Land Conveyance’’, dated May 21, 2003. was given permission to revise and ex- cause of the cutbacks in BLM law en- (b) PURPOSES OF CONVEYANCE.—The pur- poses of the conveyance under subsection (a) tend his remarks.) forcement and Forest Service law en- are to improve management of and rec- Mr. FALEOMAVAEGA. Mr. Speaker, forcement because of the Federal budg- reational access to the Oregon Dunes Na- I want to extend my strongest support et. There have been problems there tional Recreation Area by— for this proposed bill, Senate bill 714, with illegal camping, with the use of

VerDate jul 14 2003 02:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.014 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H527 fires in areas that are not contained, HOUSE OF REPRESENTATIVES, declares the House in recess until ap- and with the dumping of trash. If we Washington, DC, January 22, 2004. proximately 6:30 p.m. are successful in implementing this Hon. J. DENNIS HASTERT, Accordingly (at 3 p.m.), the House legislation today, we will see control Speaker, House of Representatives, stood in recess until approximately 6:30 Washington, DC. pass to the county who will properly DEAR MR. SPEAKER: This is to notify you p.m. police it, who will develop it into a reg- formally, pursuant to Rule VIII of the Rules f ular campsite, and who will provide ex- of the House of Representatives, that I have cellent access for OHV users without been served with a subpoena for testimony b 1833 having to drive on the public roads. issued by the District Court of the First Ju- AFTER RECESS They will be directly adjacent to the dicial District of the State of Idaho. The recess having expired, the House Dunes National Recreation Area. After consultation with the Office of Gen- eral Counsel, I have determined that compli- was called to order by the Speaker pro This legislation, as passed by the ance with the subpoena is consistent with tempore (Mr. BASS) at 6 o’clock and 33 Senate, is identical to legislation in- the precedents and privileges of the House. minutes p.m. troduced into the House, H.R. 514, by Sincerely, f myself and the gentleman from Oregon VICKI FULTON, (Mr. WALDEN). So since this is iden- State Assistant, MAKING IN ORDER AT ANY TIME tical, and I believe it enjoys extraor- Congressman C.L. ‘‘Butch’’ Otter. CONSIDERATION OF H.R. 2751, dinary widespread and bipartisan sup- f GAO HUMAN CAPITAL REFORM port, as the gentleman from Arizona COMMUNICATION FROM FIELD ACT OF 2003 already pointed out. I would rec- REPRESENTATIVE OF THE HON- Mr. DREIER. Mr. Speaker, I ask ommend this legislation to my col- ORABLE C.L. ‘‘BUTCH’’ OTTER, unanimous consent that it shall be in leagues and urge that everyone vote in MEMBER OF CONGRESS order at any time without intervention its favor so that we can enhance these of any point of order to consider in the recreational opportunities and protect The SPEAKER pro tempore laid be- House H.R. 2751; the bill shall be con- the public health and safety and do fore the House the following commu- sidered as read for amendment; the just a little bit to help the economy of nication from Mark Compton, Field amendment in the nature of a sub- the south coast of Oregon. Representative of the Honorable C.L. stitute recommended by the Com- Mr. Speaker, I thank the gentleman ‘‘BUTCH’’ OTTER, Member of Congress: mittee on Government Reform now for his generous grant of time. HOUSE OF REPRESENTATIVES, printed in the bill shall be considered Mr. RENZI. Mr. Speaker, I continue Washington, DC, January 22, 2004. as adopted; all points of order against to reserve the balance of my time. Hon. J. DENNIS HASTERT, Speaker, House of Representatives, the bill, as amended, are waived; and Mr. FALEOMAVAEGA. Mr. Speaker, Washington, DC. the previous question shall be consid- I yield myself such time as I may con- DEAR MR. SPEAKER: This is to notify you ered as ordered on the bill, as amended, sume to again commend the gentleman formally, pursuant to Rule VIII of the Rules to final passage without intervening from Arizona for his management of of the House of Representatives, that I have motion except: (1) one hour of debate this proposed bill, and also thank my been served with a subpoena for testimony on the bill, as amended, equally divided good friend, the gentleman from Or- issued by the District Court of the First Ju- and controlled by the chairman and egon, for his insights and under- dicial District of the State of Idaho. ranking minority member of the Com- standing of the bill and what it will do After consultation with the Office of Gen- eral Counsel, I have determined that compli- mittee on Government Reform; and (2) to benefit the people of Oregon. ance with the subpoena is consistent with one motion to recommit with or with- Mr. Speaker, I have no additional re- the precedents and privileges of the House. out instructions. quests for time, and I yield back the Sincerely, The SPEAKER pro tempore. Is there balance of my time. MARK COMPTON, objection to the request of the gen- Mr. RENZI. Mr. Speaker, I have no Field Representative, tleman from California? additional requests for time, and I Congressman C.L. ‘‘Butch’’ Otter. There was no objection. yield back the balance of my time. f f The SPEAKER pro tempore. The COMMUNICATION FROM CHIEF OF question is on the motion offered by STAFF OF THE HONORABLE ANNOUNCEMENT BY THE SPEAKER the gentleman from Arizona (Mr. SHELLEY MOORE CAPITO, MEM- PRO TEMPORE RENZI) that the House suspend the BER OF CONGRESS The SPEAKER pro tempore. Pursu- rules and pass the Senate bill, S. 714, as ant to clause 8 of rule XX, proceedings amended. The SPEAKER pro tempore laid be- will resume on the Speaker’s approval The question was taken. fore the House the following commu- of the Journal and motions to suspend The SPEAKER pro tempore. In the nication from Mark Johnson, Chief of the rules previously postponed. opinion of the Chair, two-thirds of Staff of the Honorable SHELLEY MOORE Votes will be taken in the following those present have voted in the affirm- CAPITO, Member of Congress: order: ative. HOUSE OF REPRESENTATIVES, Approval of the Journal, de novo; Mr. RENZI. Mr. Speaker, on that I Washington, DC, February 17, 2004. Hon. J. DENNIS HASTERT, H.R. 2707, by the yeas and nays; and demand the yeas and nays. Speaker, House of Representatives, S. 714, by the yeas and nays. The yeas and nays were ordered. Washington, DC. The first and third electronic votes The SPEAKER pro tempore. Pursu- DEAR MR. SPEAKER: This is to notify you will be conducted as 15-minute votes. ant to clause 8 of rule XX and the formally, pursuant to Rule VIII of the Rules The second vote in this series will be a Chair’s prior announcement, further of the House of Representatives, that I have 5-minute vote, without objection. proceedings on this motion will be been served with a grand jury subpoena, There was no objection. postponed. issued by the U.S. District Court for the Southern District of West Virginia, for the f production of documents. f After consultation with the Office of Gen- THE JOURNAL eral Counsel, I have determined that compli- The SPEAKER pro tempore. Pursu- COMMUNICATION FROM STATE AS- ance with the subpoena is consistent with ant to clause 8 of rule XX, the pending SISTANT TO THE HONORABLE the precedents and privileges of the House. Sincerely, business is the question of the Speak- C.L. ‘‘BUTCH’’ OTTER, MEMBER er’s approval of the Journal of the last OF CONGRESS MARK JOHNSON, Chief of Staff. day’s proceedings. The SPEAKER pro tempore laid be- f The question is on the Speaker’s ap- fore the House the following commu- proval of the Journal. nication from Vicki Fulton, State As- RECESS The question was taken; and the sistant to the Honorable C.L. ‘‘BUTCH’’ The SPEAKER pro tempore. Pursu- Speaker pro tempore announced that OTTER, Member of Congress: ant to clause 12(a) of rule I, the Chair the ayes appeared to have it.

VerDate jul 14 2003 04:49 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.018 H24PT1 H528 CONGRESSIONAL RECORD — HOUSE February 24, 2004 Mr. ISAKSON. Mr. Speaker, I object Miller, Gary Regula Smith (WA) OFFICE OF THE CLERK, to the vote on the ground that a Miller, George Rehberg Snyder HOUSE OF REPRESENTATIVES, Mollohan Renzi Solis Washington, DC, February 24, 2004. quorum is not present and make the Moore Reyes Souder Hon. J. DENNIS HASTERT, point of order that a quorum is not Moran (KS) Reynolds Spratt The Speaker, House of Representatives, Moran (VA) Rodriguez Stearns present. Washington, DC. Murphy Rogers (AL) Stenholm The SPEAKER pro tempore. Evi- DEAR MR. SPEAKER: I have the honor to Musgrave Rogers (KY) Sullivan dently a quorum is not present. Myrick Rogers (MI) Sweeney transmit herewith a copy of the original Cer- Nadler Rohrabacher The Sergeant at Arms will notify ab- Tancredo tificate of Election received from the Honor- Napolitano Ros-Lehtinen sent Members. Tanner able Trey Grayson, Secretary of State, Com- Neal (MA) Ross Tauscher monwealth of Kentucky, indicating that, on The vote was taken by electronic de- Nethercutt Rothman examination of the Official Abstracts of vice, and there were—yeas 381, nays 32, Neugebauer Roybal-Allard Tauzin Taylor (NC) Votes on file in that office for the special not voting 19, as follows: Ney Royce Northup Ruppersberger Terry election held February 17, 2004, the Honor- [Roll No. 25] Norwood Ryan (OH) Thomas able A.B. ‘‘Ben’’ Chandler was duly elected YEAS—381 Nunes Ryan (WI) Thornberry Representative in Congress for the Sixth Nussle Ryun (KS) Tiahrt Congressional District, Commonwealth of Abercrombie Davis (CA) Hoyer Tiberi Obey Sabo Kentucky. Ackerman Davis (FL) Hunter ´ Tierney Osborne Sanchez, Linda With best wishes, I am, Akin Davis (IL) Hyde Otter T. Toomey Alexander Davis (TN) Inslee Owens Sanchez, Loretta Towns Sincerely, Allen Davis, Jo Ann Isakson Oxley Sanders Turner (OH) JEFF TRANDAHL, Andrews Davis, Tom Israel Pallone Sandlin Turner (TX) Clerk. Baca Deal (GA) Issa Pascrell Saxton Udall (CO) Bachus DeGette Istook f Pastor Schakowsky Upton Baird Delahunt Jackson (IL) Paul Schiff Van Hollen SWEARING IN OF THE HONORABLE Baker DeLauro Jackson-Lee Payne Schrock Vela´ zquez BEN CHANDLER, OF KENTUCKY, Ballance DeLay (TX) Pearce Scott (GA) Ballenger DeMint Jefferson Vitter AS A MEMBER OF THE HOUSE Pelosi Scott (VA) Walden (OR) Barrett (SC) Deutsch Jenkins Pence Sensenbrenner Bartlett (MD) Diaz-Balart, L. John Walsh The SPEAKER. Will the Representa- Peterson (PA) Serrano Wamp Barton (TX) Diaz-Balart, M. Johnson (CT) Petri Sessions tive-elect and the members of the Ken- Watson Bass Dicks Johnson (IL) Pickering Shadegg tucky delegation present themselves in Watt Beauprez Dingell Johnson, E. B. Pitts Shaw Becerra Dooley (CA) Johnson, Sam Waxman the well. Platts Shays Mr. CHANDLER appeared at the bar Bell Doolittle Jones (NC) Pombo Sherman Weiner Bereuter Doyle Kanjorski Pomeroy Sherwood Weldon (FL) of the House and took the oath of of- Berkley Dreier Kaptur Porter Shimkus Weldon (PA) fice, as follows: Berman Duncan Keller Portman Shuster Whitfield Do you solemnly swear that you will Berry Dunn Kelly Wicker Price (NC) Simmons support and defend the Constitution of Biggert Edwards Kennedy (RI) Pryce (OH) Simpson Wilson (NM) Bilirakis Ehlers Kildee Putnam Skelton Wilson (SC) the United States against all enemies, Bishop (GA) Emanuel Kind Quinn Slaughter Wolf foreign and domestic; that you will Bishop (NY) Emerson King (IA) Radanovich Smith (MI) Woolsey bear true faith and allegiance to the Bishop (UT) Eshoo King (NY) Rahall Smith (NJ) Wynn Blackburn Etheridge Kingston Rangel Smith (TX) Young (AK) same; that you take this obligation Blumenauer Evans Kirk freely, without any mental reservation Blunt Everett Kleczka NAYS—32 Boehlert Farr Kline or purpose of evasion, and that you will Boehner Fattah Knollenberg Aderholt Hefley Strickland well and faithfully discharge the duties Bonilla Feeney Kolbe Baldwin Jones (OH) Stupak of the office on which you are about to Bonner Ferguson LaHood Brady (PA) Kennedy (MN) Taylor (MS) enter. So help you God. Bono Flake Lampson Capuano Larsen (WA) Thompson (CA) The SPEAKER. Congratulations. You Boozman Foley Langevin Costello LoBiondo Thompson (MS) Boswell Ford Larson (CT) Crane McDermott Udall (NM) are now a Member of the 108th Con- Boucher Frank (MA) Latham DeFazio Oberstar Visclosky gress. Boyd Franks (AZ) LaTourette English Olver Waters Bradley (NH) Frelinghuysen Leach Filner Peterson (MN) f Weller Brown (OH) Frost Lee Fossella Ramstad Wu WELCOMING THE HONORABLE BEN Brown (SC) Gallegly Levin Gutknecht Rush Brown, Corrine Garrett (NJ) Lewis (CA) CHANDLER TO THE HOUSE OF Brown-Waite, Gerlach Lewis (GA) NOT VOTING—19 REPRESENTATIVES Ginny Gibbons Lewis (KY) Burgess Gilchrest Linder Brady (TX) Honda Ortiz (Mr. ROGERS of Kentucky asked and Burns Gillmor Lipinski Collins Hulshof Ose was given permission to address the Burr Gingrey Lofgren Doggett Kilpatrick Stark Engel Kucinich House for 1 minute.) Burton (IN) Goode Lucas (KY) Wexler Mr. ROGERS of Kentucky. Mr. Buyer Goodlatte Lucas (OK) Forbes Lantos Young (FL) Calvert Gordon Lynch Gephardt Lowey Speaker, in the same bipartisan spirit Camp Goss Majette Gonzalez Murtha of cooperation that has characterized Cannon Granger Maloney Kentucky delegations to this great Cantor Graves Manzullo ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Capito Green (TX) Markey body, it is my privilege tonight, as Capps Green (WI) Marshall The SPEAKER pro tempore (Mr. dean of our delegation, to present to Cardin Greenwood Matheson BASS) (during the vote). Members are you our newest Member and America’s Cardoza Grijalva Matsui advised that 2 minutes remain in this newest Congressman, BEN CHANDLER. Carson (IN) Gutierrez McCarthy (MO) Carson (OK) Hall McCarthy (NY) vote. BEN won the special election a week Carter Harman McCollum ago tonight to fill the unexpired term Case Harris McCotter of our colleague and now Governor, b 1902 Castle Hart McCrery Ernie Fletcher. Chabot Hastings (FL) McGovern Chocola Hastings (WA) McHugh So the Journal was approved. The Chandler name in Kentucky is Clay Hayes McInnis legendary. BEN’s grandfather, the late Clyburn Hayworth McIntyre The result of the vote was announced Albert ‘‘Happy’’ Chandler, was a twice- Coble Hensarling McKeon as above recorded. elected Governor; U.S. Senator; and Cole Herger McNulty Conyers Hill Meehan baseball commissioner, who, by the Cooper Hinchey Meek (FL) f way, presided over the integration of Cox Hinojosa Meeks (NY) Major League Baseball. Cramer Hobson Menendez Crenshaw Hoeffel Mica COMMUNICATION FROM THE But young BEN has earned his own Crowley Hoekstra Michaud CLERK OF THE HOUSE stripes. He has just completed two Cubin Holden Millender- terms as Kentucky attorney general, Culberson Holt McDonald The SPEAKER laid before the House and before that the elected State audi- Cummings Hooley (OR) Miller (FL) Cunningham Hostettler Miller (MI) the following communication from the tor, and was nominated by his party for Davis (AL) Houghton Miller (NC) Clerk of the House of Representatives: Governor last year.

VerDate jul 14 2003 02:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.026 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H529 BEN CHANDLER follows in the seat I am honored to represent my State The vote was taken by electronic de- held by a long list of national leaders, that I think everyone here from Ken- vice, and there were—yeas 367, nays 40, including our own Governor Ernie tucky knows I am very proud of. I am not voting 26, as follows: Fletcher. One of the greatest Speakers also very pleased to have my wife Jen- [Roll No. 26] of this body held this seat, Henry Clay, nifer with me in the crowd and our twice Speaker, three-time candidate three children, Lucie, Albert, and YEAS—367 for President, Secretary of State, U.S. Branham, all of whom got to come Abercrombie Deutsch Kolbe Ackerman Diaz-Balart, L. LaHood Senator, the Great Compromiser of down here since they are all under the Aderholt Diaz-Balart, M. Lampson pre-Civil War years; Kentucky’s great- age of 12. It is nice to have them here, Alexander Dicks Langevin est national legislator, that is until re- too. Allen Dingell Larsen (WA) cently, of course. In fact, Henry Clay Nearly 65 years ago, my grandfather, Andrews Dooley (CA) Larson (CT) Baca Dreier Latham made history very early in his congres- whom Mr. ROGERS mentioned, entered Bachus Dunn LaTourette sional career. He was elected Speaker this grand building much as I have Baird Edwards Leach immediately upon being sworn in as a today, thrust into office in the middle Baker Ehlers Lee Baldwin Emanuel Levin freshman from this very Kentucky dis- of a term. In October of 1939, when he Ballance Emerson Lewis (CA) trict. came to this august place, our country Ballenger English Lewis (GA) Mr. Speaker, I like BEN CHANDLER, stood at the brink of world war. Nazi- Barton (TX) Eshoo Lewis (KY) but maybe you and I had better keep ism, fascism, and tyranny threatened Bass Etheridge Linder Beauprez Evans Lipinski an eye on him. to destroy American security and the Becerra Farr LoBiondo Mr. Speaker, I yield to the gentleman values that we all hold dear. Bell Fattah Lofgren from Kentucky (Mr. LUCAS), our col- Today many of our families face not Bereuter Ferguson Lucas (KY) league from Kentucky’s Fourth Dis- those same kinds of challenges, but Berkley Filner Lucas (OK) Berman Foley Lynch trict. challenges in many ways just as dif- Berry Ford Majette Mr. LUCAS of Kentucky. Mr. Speak- ficult and just as important, a new set Biggert Fossella Maloney er, I thank the gentleman from Ken- of challenges, and I am very honored to Bilirakis Frank (MA) Manzullo Bishop (GA) Frelinghuysen Markey tucky (Mr. ROGERS). It is indeed a have the opportunity to work with Bishop (NY) Frost Marshall pleasure for me to welcome my col- every one of you to face those chal- Bishop (UT) Gallegly Matheson league BEN CHANDLER here this lenges and hopefully to surmount Blumenauer Gerlach Matsui evening. them. I am very much looking forward Blunt Gibbons McCarthy (MO) Boehlert Gilchrest McCarthy (NY) BEN, it has been kind of lonely up to that. Boehner Gillmor McCollum here from Kentucky for us Democrats, I consider it a great privilege to rep- Bonilla Goode McCotter and now we have doubled the amount resent not only the Commonwealth of Bonner Goodlatte McCrery Bono Gordon McDermott of Democrats from Kentucky, and that Kentucky but the Sixth Congressional Boozman Goss McGovern is really great. District in our Commonwealth, which Boswell Granger McHugh In Kentucky we are known for thor- includes the central part of our State, Boucher Graves McInnis oughbred racing, and of course BEN central Kentucky, which is the horse- Boyd Green (TX) McIntyre Bradley (NH) Green (WI) McKeon comes from the heart of the thorough- racing capital of the world, the blue- Brady (PA) Grijalva McNulty bred country. And the success of grass region of the Commonwealth of Brown (OH) Gutierrez Meehan thoroughbreds are based on bloodlines. Kentucky. And as was mentioned, it Brown (SC) Gutknecht Meek (FL) If one has great bloodlines, they are Brown, Corrine Hall Meeks (NY) was represented by one of the most il- Brown-Waite, Harman Menendez successful in racing. And BEN comes lustrious Members of this august body, Ginny Harris Mica here with great bloodlines. Henry Clay, among many others, and it Burgess Hart Michaud And I am sure you are really going to is truly an honor to have the oppor- Burns Hastings (FL) Millender- Burr Hastings (WA) McDonald be successful, and I am happy to share tunity to follow in his footsteps. Burton (IN) Hayworth Miller (MI) this moment with you and all your I want you to know that I am excited Buyer Hensarling Miller (NC) friends and your family, Jennifer and about this. I am really looking forward Calvert Hill Miller, Gary your three kids. It is great for you to Camp Hinchey Miller, George to being a contributing Member who Cannon Hinojosa Mollohan be here, BEN. Thank you. brings good things to all of the people Cantor Hobson Moore Mr. ROGERS of Kentucky. Mr. of this wonderful Nation of which we Capito Hoeffel Moran (KS) Speaker, I am deeply honored to wel- are a part. Thank you for the honor. Capps Hoekstra Moran (VA) Capuano Holt Murphy come Kentucky’s new Member of Con- Thank you for the privilege. Thank Cardin Hooley (OR) Nadler gress from the Sixth District, Ben you for having me here today, and I am Cardoza Houghton Napolitano Chandler, and I am proud to present very much excited about getting to Carson (IN) Hoyer Neal (MA) him at this time to the body. Carson (OK) Hunter Nethercutt work. Carter Hyde Neugebauer f f Case Inslee Ney Castle Isakson Northup MAIDEN SPEECH OF THE HONOR- ANNOUNCEMENT BY THE SPEAKER Chabot Israel Nunes ABLE BEN CHANDLER AS NEW- Chandler Issa Oberstar The SPEAKER. The Chair announces Chocola Istook Obey EST MEMBER OF 108TH CON- to the House that, in light of the ad- GRESS Clay Jackson (IL) Olver ministration of the oath to Representa- Clyburn Jackson-Lee Osborne (Mr. CHANDLER asked and was tive CHANDLER, the whole number of Cole (TX) Otter given permission to address the House Cooper Jefferson Owens the House is adjusted to 434. Costello Jenkins Oxley for 1 minute.) f Cox John Pallone Mr. CHANDLER. Mr. Speaker, Mem- Cramer Johnson (CT) Pascrell bers of this body, I thank you very, SALT CEDAR AND RUSSIAN OLIVE Crane Johnson (IL) Pastor CONTROL DEMONSTRATION ACT Crenshaw Johnson, E. B. Payne very much for this wonderful recep- Crowley Jones (OH) Pearce tion. It is obviously an unusual event The SPEAKER. The pending business Cubin Kanjorski Pelosi because I won a special election. I is the question of suspending the rules Cummings Kaptur Pence think that lends itself to a more sin- and passing the bill, H.R. 2707, as Cunningham Keller Peterson (MN) Davis (AL) Kelly Peterson (PA) gular reception. But I do appreciate the amended. Davis (CA) Kennedy (MN) Pickering attention very much. The Clerk read the title of the bill. Davis (FL) Kennedy (RI) Pitts This has been a whirlwind for me, The SPEAKER. The question is on Davis (IL) Kildee Pombo Davis (TN) Kind Pomeroy and I can assure you that it is a tre- the motion offered by the gentleman Davis, Tom King (IA) Porter mendous honor to have the oppor- from New Mexico (Mr. PEARCE) that DeFazio King (NY) Portman tunity to serve with everyone here. the House suspend the rules and pass DeGette Kingston Price (NC) I am pleased to be a member of the the bill, H.R. 2707, as amended, on Delahunt Kirk Pryce (OH) DeLauro Kleczka Putnam Democratic Caucus. I am pleased to be which the yeas and nays are ordered. DeLay Kline Quinn a member of the Kentucky delegation. This will be a 5-minute vote. DeMint Knollenberg Radanovich

VerDate jul 14 2003 02:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.029 H24PT1 H530 CONGRESSIONAL RECORD — HOUSE February 24, 2004 Rahall Shadegg Tierney DOUGLAS COUNTY, OREGON, LAND Lewis (GA) Pascrell Simpson Ramstad Shaw Towns CONVEYANCE Lewis (KY) Pastor Skelton Rangel Shays Turner (OH) Linder Paul Slaughter Regula Sherman Turner (TX) The SPEAKER pro tempore. The Lipinski Payne Smith (MI) Rehberg Sherwood LoBiondo Pearce Udall (CO) pending business is the question of sus- Smith (NJ) Renzi Shuster Udall (NM) Lofgren Pelosi Smith (TX) Reyes Simmons Upton pending the rules and passing the Sen- Lucas (KY) Pence Smith (WA) Reynolds Simpson Van Hollen ate bill, S. 714. Lucas (OK) Peterson (MN) Snyder Rodriguez Skelton Lynch Petri Vela´ zquez The Clerk read the title of the Senate Solis Rogers (AL) Slaughter Visclosky Majette Pickering Souder Rogers (KY) Smith (NJ) Vitter bill. Maloney Pitts Spratt Rogers (MI) Smith (TX) Manzullo Platts Walden (OR) The SPEAKER pro tempore. The Stearns Ros-Lehtinen Smith (WA) Markey Pomeroy Walsh Stenholm Ross Snyder question is on the motion offered by Marshall Porter Wamp Strickland Rothman Solis the gentleman from Arizona (Mr. Matheson Portman Waters Stupak Roybal-Allard Souder Matsui Price (NC) Watson RENZI) that the House suspend the Sullivan Ruppersberger Spratt McCarthy (MO) Pryce (OH) Watt rules and pass the Senate bill, S. 714, Sweeney Rush Stenholm McCarthy (NY) Putnam Tancredo Ryan (OH) Strickland Waxman on which the yeas and nays are or- McCollum Quinn Weiner Tanner Ryan (WI) Stupak dered. McCotter Radanovich Tauscher Ryun (KS) Sullivan Weldon (FL) McCrery Rahall Tauzin Sa´ nchez, Linda Sweeney Weldon (PA) The vote was taken by electronic de- McDermott Ramstad Taylor (MS) T. Tanner Weller vice, and there were—yeas 397, nays 0, McGovern Rangel Taylor (NC) Sanchez, Loretta Tauscher Whitfield McHugh Regula not voting 36, as follows: Terry Sanders Tauzin Wicker McInnis Rehberg Thomas Sandlin Terry Wilson (NM) [Roll No. 27] McIntyre Renzi Thompson (CA) Saxton Thomas Wilson (SC) McKeon Reyes YEAS—397 Thompson (MS) Schakowsky Thompson (CA) Wolf McNulty Rodriguez Thornberry Schiff Thompson (MS) Woolsey Abercrombie Coble Green (WI) Meehan Rogers (AL) Tiahrt Schrock Thornberry Wu Ackerman Cole Grijalva Meek (FL) Rogers (KY) Tiberi Scott (GA) Tiahrt Wynn Aderholt Conyers Gutierrez Meeks (NY) Rohrabacher Serrano Tiberi Young (AK) Akin Cooper Gutknecht Menendez Ros-Lehtinen Tierney Alexander Costello Hall Mica Ross Toomey NAYS—40 Allen Cramer Harman Michaud Rothman Towns Andrews Crane Harris Millender- Roybal-Allard Turner (OH) Akin Garrett (NJ) Platts Baca Crenshaw Hart McDonald Royce Turner (TX) Barrett (SC) Gingrey Rohrabacher Bachus Crowley Hastings (FL) Miller (FL) Ruppersberger Udall (CO) Bartlett (MD) Hayes Royce Baird Cubin Hastings (WA) Miller (NC) Rush Udall (NM) Blackburn Hefley Sensenbrenner Baker Culberson Hayes Miller, Gary Ryan (OH) Upton Coble Herger Sessions Baldwin Cummings Hayworth Miller, George Ryan (WI) Van Hollen Culberson Hostettler Shimkus Ballance Cunningham Hefley Mollohan Ryun (KS) Vela´ zquez Davis, Jo Ann Johnson, Sam Smith (MI) Ballenger Davis (AL) Hensarling Moore Sa´ nchez, Linda Visclosky Deal (GA) Jones (NC) Stearns Barrett (SC) Davis (CA) Herger Moran (KS) T. Vitter Doolittle Miller (FL) Tancredo Bartlett (MD) Davis (FL) Hill Murphy Sanchez, Loretta Walden (OR) Duncan Myrick Taylor (MS) Barton (TX) Davis (IL) Hinchey Myrick Sanders Walsh Everett Norwood Taylor (NC) Bass Davis (TN) Hinojosa Nadler Sandlin Wamp Feeney Nussle Beauprez Davis, Jo Ann Hobson Napolitano Saxton Waters Flake Paul Toomey Becerra Davis, Tom Hoeffel Neal (MA) Schakowsky Watson Franks (AZ) Petri Bell Deal (GA) Hoekstra Nethercutt Schiff Watt Bereuter DeFazio Holt Waxman NOT VOTING—26 Neugebauer Schrock Berkley DeGette Hooley (OR) Ney Scott (GA) Weiner Brady (TX) Greenwood Musgrave Berman Delahunt Hostettler Northup Sensenbrenner Weldon (FL) Collins Holden Ortiz Berry DeLauro Houghton Norwood Serrano Weldon (PA) Conyers Honda Ose Biggert DeLay Hoyer Nunes Sessions Whitfield Doggett Hulshof Sabo Bilirakis DeMint Hunter Nussle Shadegg Wicker Bishop (GA) Deutsch Hyde Doyle Kilpatrick Scott (VA) Oberstar Shaw Wilson (NM) Bishop (NY) Diaz-Balart, L. Inslee Engel Kucinich Stark Obey Shays Wilson (SC) Forbes Lantos Bishop (UT) Diaz-Balart, M. Isakson Olver Sherman Wolf Wexler Blackburn Dicks Israel Gephardt Lowey Young (FL) Osborne Sherwood Woolsey Gonzalez Murtha Blumenauer Dingell Issa Owens Shimkus Wu Blunt Dooley (CA) Istook Oxley Shuster Wynn ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boehlert Doolittle Jackson (IL) Pallone Simmons Young (AK) Boehner Duncan Jackson-Lee The SPEAKER pro tempore (Mr. Bonilla Dunn (TX) NOT VOTING—36 BASS) (during the vote). Members are Bonner Edwards Jefferson Brady (TX) Holden Ose advised 2 minutes remain in this vote. Bono Ehlers Jenkins Capps Honda Otter Boozman Emanuel John Collins Hulshof Peterson (PA) Boswell Emerson Johnson (CT) Cox Kilpatrick Pombo b 1923 Boucher Engel Johnson (IL) Doggett Kucinich Reynolds Boyd English Johnson, E. B. Doyle Lantos Rogers (MI) Messrs. TANCREDO, NORWOOD and Bradley (NH) Eshoo Johnson, Sam Dreier Lowey Sabo Brady (PA) Etheridge Jones (NC) Forbes Miller (MI) Scott (VA) ROHRABACHER, Mrs. MYRICK and Brown (OH) Evans Jones (OH) Gephardt Moran (VA) Stark Mrs. BLACKBURN changed their vote Brown (SC) Everett Kanjorski Gingrey Murtha Weller from ‘‘yea’’ to ‘‘nay.’’ Brown, Corrine Farr Kaptur Gonzalez Musgrave Wexler Brown-Waite, Fattah Keller Greenwood Ortiz Young (FL) So (two-thirds having voted in favor Ginny Feeney Kelly thereof) the rules were suspended and Burgess Ferguson Kennedy (MN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burns Filner Kennedy (RI) The SPEAKER pro tempore (Mr. the bill, as amended, was passed. Burr Flake Kildee BASS) (during the vote). Members are The result of the vote was announced Burton (IN) Foley Kind Buyer Ford King (IA) reminded there are 2 minutes remain- as above recorded. Calvert Fossella King (NY) ing in this vote. The title of the bill was amended so Camp Frank (MA) Kingston b 1941 as to read: ‘‘A bill to provide for an as- Cannon Franks (AZ) Kirk Cantor Frelinghuysen Kleczka So (two-thirds having voted in favor sessment of the extent of the invasion Capito Frost Kline of Salt Cedar and Russian Olive on Capuano Gallegly Knollenberg thereof) the rules were suspended and lands in the Western United States and Cardin Garrett (NJ) Kolbe the Senate bill was passed. Cardoza Gerlach LaHood The result of the vote was announced efforts to date to control such invasion Carson (IN) Gibbons Lampson on public and private lands, including as above recorded. Carson (OK) Gilchrest Langevin A motion to reconsider was laid on tribal lands, to establish a demonstra- Carter Gillmor Larsen (WA) the table. tion program to address the invasion of Case Goode Larson (CT) Castle Goodlatte Latham f Salt Cedar and Russian Olive, and for Chabot Gordon LaTourette other purposes.’’. Chandler Goss Leach PERSONAL EXPLANATION Chocola Granger Lee A motion to reconsider was laid on Clay Graves Levin Ms. KILPATRICK. Mr. Speaker, personal re- the table. Clyburn Green (TX) Lewis (CA) sponsibilities required my presence in the 13th

VerDate jul 14 2003 04:49 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\CR\FM\A24FE7.021 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H531 Congressional District of Michigan. Should I Eric was a sheriff’s deputy and a Na- RECOGNIZING ELIZABETH CITY have been present for today’s legislative busi- tional Guardsman who answered the STATE UNIVERSITY ness, I would have voted ‘‘yea’’ on approving call to duty when his unit was acti- (Mr. BALLANCE asked and was given the Journal (rollcall No. 25); ‘‘yea’’ on approv- vated last February. He only had 42 permission to address the House for 1 ing H.R. 2707, The Salt Cedar and Russian days remaining before his planned re- minute and to revise and extend his re- Olive Control Demonstration Act (rollcall No. turn to family and friends when his marks.) 26); and ‘‘yea’’ on S. 714, the land transfer of unit was attacked by RPG, cutting Mr. BALLANCE. Mr. Speaker, as we Bureau of Land Management property to short the life of a young father. continue to celebrate Black History Douglas County, Oregon (rollcall No. 27). This past weekend I attended serv- Month and the achievements and the f ices for Specialist Ramirez and can accomplishments of African Americans share with my colleagues that his fam- REMOVAL OF NAME OF MEMBER in America, today I would like to rec- ily is very supportive of our actions in AS COSPONSOR OF H.R. 3473 ognize Elizabeth City State University, Iraq and that we need to honor the fact one of our historically black univer- Ms. CORRINE BROWN of Florida. that he has a very loving wife, chil- sities located in my congressional dis- Mr. Speaker, I ask unanimous consent dren, and parents, and his parents ac- trict, and Chancellor Mickey Burnham, to have my name removed as a cospon- tually live in my district. trustees, faculty, alumni, and students. sor of H.R. 3473. We know very well that our freedom Elizabeth City State University was The SPEAKER pro tempore. Is there could not have been won nor our lib- founded in 1891 ‘‘for the purpose of objection to the request of the gentle- erty maintained without those willing teaching and training teachers of the woman from Florida? to make this ultimate sacrifice, but I colored race to teach in the common There was no objection. know that these are very weak words schools of North Carolina.’’ Just three f to the grieving family left behind. I decades after the Civil War ended, Afri- U.S. POLICY UNDERMINES HAITIAN pray that the Lord and that everyone can Americans worked hard to live up GOVERNMENT who knew Eric will maintain their to the ideals of liberty and freedom. Al- memory of Eric and that this will help though there were many challenges (Ms. CORRINE BROWN of Florida to assuage their pain. faced by African Americans, many per- asked and was given permission to ad- Eric was a loving father, son, and severed and took advantage of estab- dress the House for 1 minute and to re- husband, and this country owes its lished institutions such as Elizabeth vise and extend her remarks.) freedom to Eric and those who came City State University in the hopes of Ms. CORRINE BROWN of Florida. before him. So do the citizens of Iraq. educating African Americans. Mr. Speaker, as a Member elected from Mr. Speaker, please join me in hon- Florida, I have always supported the oring this American hero. b 1945 citizens of Haiti, and I was one of the Despite the obstacles, there was a ones that went and witnessed the fair f positive belief that the key to a suc- election of Mr. Aristide. cessful future lies in education. This Let me just say that it was just as URGING U.S. TO MOVE FORWARD belief remains today. fair as the election that took place in IN PROVIDING SECURITY IN HAITI As I think about the bright educators Florida. But sadly, even though Haiti and students trying to be triumphant is right off the shores of Florida, this (Mr. MEEK of Florida asked and was over adversity, I feel very proud of administration has treated Haitians given permission to address the House Elizabeth City State University. I wish and the Haitian people like unwanted for 1 minute and to revise and extend Elizabeth City State University contin- stepchildren. his remarks.) ued good fortune and success as they Right now in Haiti, people are starv- Mr. MEEK of Florida. Mr. Speaker, I work to educate all of our people. rise today to urge the Bush administra- ing to death and being slaughtered in f the streets, and the U.S. is nowhere to tion to move forward in providing the be found. U.S. policy has undermined kind of security that we need in Haiti MOURNING THE DEATH OF LOS the Government of Haiti. Let me say right now. On average, every day in ANGELES POLICE DEPARTMENT again, the U.S. policy has undermined Haiti, 15 to 16 Haitian nationals are OFFICER RICARDO LIZARRAGA the duly-elected Government of Haiti losing their lives due to rebel forces (Ms. WATSON asked and was given and continues today to threaten the and anti-Aristide forces. permission to address the House for 1 very lives of the Haitian people. I will tell my colleagues right now minute.) I ask this President, how can he jus- that the violence will continue to esca- Ms. WATSON. Mr. Speaker, it is with tify our attack of Iraq by claiming we late. The rebels are getting more and deep sadness and regret that I rise to are building a democracy while he sits more arms. They are getting body inform my colleagues of the death of idly by and watches a democracy in armor, they are getting helmets, they Los Angeles Police Department Officer Haiti being destroyed by thugs whose are getting all of the things that they Ricardo Lizarraga, who was killed in only goal is to steal power from a duly- need to continue to carry on the night- the line of duty on Friday, February 20, elected President? mare in Haiti. 2004, while answering a domestic vio- Shame on you, Mr. President. I want to say to the U.S. citizens lence dispute in the area of Western f here tonight, standing by will not and Vernon Avenue in my district. Of- make things better in Haiti. Being ficer Lizarraga became the first LAPD HONORING ERIC ULYSSES from Florida and being from Miami, officer since 1998 to be shot and killed RAMIREZ, AN AMERICAN HERO Florida, there is going to be a number in the line of duty. (Ms. GINNY BROWN-WAITE of Flor- of individuals coming to our shores if Mr. Speaker, as many of us know, do- ida asked and was given permission to we do not stand in and intervene now. mestic violence calls can be the most address the House for 1 minute and to It is important that the U.S. moves volatile and unpredictable situations revise and extend her remarks.) forth with France and Canada, who are to which police officers respond. After Ms. GINNY BROWN-WAITE of Flor- willing to bring about peace in Haiti, a woman flagged down Officer ida. Mr. Speaker, it is with a heavy so that we can have diplomatic talks Lizarraga’s police car and asked for heart that I rise today to express the with the opposition forces. help, the officer and his partner went condolences of a grateful Nation. I rise The reason why there was not an to remove an abusive boyfriend from so that this Nation will never forget agreement today at 5 o’clock is because her apartment. According to official the service and sacrifice of those fallen there is no agreement to be made. The accounts, the suspect emerged with a while working to keep us free. rebels cannot be controlled by opposi- gun and shot the 30-year-old officer I rise today specifically to honor the tion parties right now, and it is impor- just below his bulletproof vest. life of Eric Ulysses Ramirez. Specialist tant that this administration acts now Officer Lizarraga had only recently Ramirez was killed when his unit was before military action will be para- joined the police force 2 years ago. Fel- attacked by Iraqi insurgents. mount. low officers described him as cheerful,

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.024 H24PT1 H532 CONGRESSIONAL RECORD — HOUSE February 24, 2004 soft-spoken, hardworking, who loved Code of Military Justice to protect un- NOW IS THE TIME FOR US TO ACT his job and in April had landed an as- born children from assault and murder, (Ms. JACKSON-LEE of Texas asked signment on a fledgling special prob- and for other purposes, which was re- and was given permission to address lems unit in the Newton division, ferred to the House Calendar and or- the House for 1 minute and to revise where my father served and died of in- dered to be printed. and extend her remarks.) juries related to his service. A fellow f Ms. JACKSON-LEE of Texas. Mr. officer called Officer Lizarraga a gentle SUPPORT DEMOCRACY IN HAITI Speaker, the headline reads, ‘‘Haitians giant, who could look intimidating; but Man Barricades Against Armed all one had to do was talk to him, and (Mr. OWENS asked and was given permission to address the House for 1 Rebels.’’ he would respond softly. He was very Mr. Speaker, this is the 200th year of nice, very quiet, and it belied his stat- minute and to revise and extend his re- marks.) the anniversary of independence of our ure. friends who live in Haiti. If my col- Officer Lizarraga was born and raised Mr. OWENS. Mr. Speaker, the bloody spectacle of this week is not the re- leagues recall, in the founding of our in Los Angeles and attended Hamilton constitutional country, it was the Hai- High School and Santa Monica College. lease of Mel Gibson’s gory movie ex- ploiting the suffering of Jesus Christ. tians who helped us claim our inde- He worked for the Ralphs Supermarket pendence. How can we stand idly by chain before fulfilling a long-time goal In this hemisphere, 600 miles from our shores, blood is flowing in the streets and not demand for them justice, of joining the LAPD in September 2001. equality, and democracy? How can we He leaves a wife, Joyce, and a mother of Haiti with the complicity of the Bush administration. This White House watch blood run in the streets and not who resides in Mexico. provide peacekeeping troops and the Mr. Speaker, my deepest sympathies and its agents are like Pontius Pilate, pretending to wash their hands while dignity to provide all of them an equal are extended to Officer Lizarraga’s col- the democratic nation of Haiti is assas- opportunity? As the President, who leagues at the LAPD and his wife, fam- sinated. was duly elected, stands against the ily, and friends. It is my sincerest hope At least one former CIA asset has rage of the insurgents, we stand idly that Officer Lizarraga’s death will not been identified as a leader of the band by. be in vain, but once again remind us of savage guerrillas. The people of the Mr. President, Mr. Secretary of De- that our business is unfinished in deal- United States must turn their backs on fense and Secretary of State, it is time ing with domestic violence, gang vio- this conspiracy and demand that the now for us to deal with democracy here lence, and the proliferation of hand- democratic nation of Haiti, the demo- at our very shore and then, Mr. Speak- guns which remain the weapons of cratic government, the duly-elected er, might I say, do not, do not de- mass destruction in many of our Na- President of Haiti be supported by the nounce or do not disregard the fact tion’s urban areas. United States Government and that that there will be thousands of Haitian f Aristide be allowed to serve out his refugees which we have to deal with. A TRAGEDY IS OCCURRING next 2 years without any compromise We are not addressing the question of with bands of thugs in the street. those refugees or possible immigrants (Mr. PAYNE asked and was given There is only one opposition. The so- coming into this country. We need to permission to address the House for 1 called civil opposition is not civil at be prepared and provide the asylum minute.) all. They operate hand in hand with Mr. PAYNE. Mr. Speaker, a tragedy and provide the coverage and the op- the violence. Stop the violence and portunity for them to be here. is occurring off our shores. A duly- support democracy in Haiti. elected government in Haiti, President I simply say that now is the time for Jean Bertrand Aristide’s government, f us to act. It is important for peace- is in jeopardy. He is being challenged ANARCHY IS HAPPENING TO OUR keeping troops to go to Haiti now. by the former FRAPH, a paramilitary NEIGHBOR f group of outlaws and bandits, the (Mr. MEEKS of New York asked and HAITI’S HISTORY former military leaders who are across was given permission to address the the border in the Dominican Republic House for 1 minute.) (Mr. BROWN of Ohio asked and was and drug dealers who have taken over Mr. MEEKS of New York. Mr. Speak- given permission to address the House parts of that country, using their influ- er, if not now, when? Blood is in the for 1 minute.) ence to corrupt the citizenry. streets. Anarchy is happening to our Mr. BROWN of Ohio. Mr. Speaker, as On the other hand, we have a person neighbor right next door, our third bor- President Bush makes his decision who is duly elected, President Aristide. der is at stake. It is time for the about sending troops to Haiti, I wish I cannot understand why our Nation United States of America to take seri- that he would look at Haiti’s history that stands for democracy all over the ous the activities that are taking place and would look at the history of our re- world stands idly by while we let thugs on that island called Haiti, for indeed lationship with Haiti. who are burning and raping and looting we should have been there long ago, 210 years ago, Haiti was a nation as take a free hand. talking and trying to negotiate and wealthy as the 13 Colonies. After a The French have said we are willing bringing things so that democracy can slave revolt, Haiti in the early part of to go in. We have 4,000 troops, as a prevail. the next century, in 1804, proclaimed matter of fact; and they even said, as a We are the largest democracy on the its independence. Our government, a matter of fact, U.S.A., we do not need planet Earth; and if democracy means country with slave owners, would not you, just support us. anything, we should look just 90 miles recognize the government of Haiti, a I urge our government to help the off our shores and say that we are country where slaves were now running people of Haiti by coming up with a going to support and stand for democ- the government, running the country, diplomatic solution to the problem in racy and not stand for anything that former slaves. We did not recognize that country. will be less than that, where mere vil- them for more than 50 years; and then, f lains and thugs can then take over a Mr. Speaker, the United States Ma- country. rines, in the early part of this century, REPORT ON RESOLUTION PRO- We should stand strong and say that occupied Haiti. VIDING FOR CONSIDERATION OF we are not going to allow that to hap- Some years later, when Papa Doc and H.R. 1997, UNBORN VICTIMS OF pen, that we want democracy to flour- Baby Doc Duvalier were in power in VIOLENCE ACT OF 2004 ish everywhere, not just overseas, not Haiti, U.S. interests funded and Mr. LINDER, from the Committee on just away from home, but right on our propped his government up, a bloody Rules, submitted a privileged report third border. That protection that we dictatorship. So now that President (Rept. No. 108–427) on the resolution (H. need, we should be mounting the troops Aristide is in power, Mr. Speaker, we Res. 529) providing for consideration of together, the United Nations as well as need to recognize this democracy. We the bill (H.R. 1997) to amend title 18, other foreign countries, to bring to the have to deal with that as a democracy United States Code, and the Uniform people on the ground peace. of equals.

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.037 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H533 SPECIAL ORDERS range of transactions covered by the policies being pursued by other coun- The SPEAKER pro tempore (Mr. agreement. tries against the U.S. That is right. Could. But guess what? BISHOP of Utah). Under the Speaker’s This is not a level and fair trade announced policy of January 7, 2003, Will not. How many trade complaints field, and it is time that things and under a previous order of the has the United States filed against the changed. But I doubt very much under House, the following Members will be Communist Government of China for this administration that they will, be- recognized for 5 minutes each. wholesale theft of American intellec- cause small companies cannot afford to tual property, which is leading to our contribute the millions of dollars to f $124 billion trade deficit with China the reelection campaign that the big OUR ECONOMY and the flood of U.S. jobs into that ones can. The SPEAKER pro tempore. Under a country? None. Zero. None. f A company in my district, Videx, an previous order of the House, the gen- CONGRESS SHOULD HOLD BROAD- tleman from Oregon (Mr. DEFAZIO) is American dream. The guy started with Hewlett-Packard and came up with a CAST MEDIA TO A HIGHER recognized for 5 minutes. STANDARD OF DECENCY Mr. DEFAZIO. Mr. Speaker, this book new scanner technology. It is all made has not hit the best seller list yet, but in America. All of it. He employs 160 The SPEAKER pro tempore (Mr. it should. This lays out the agenda of people directly, and even in Texas he BISHOP of Utah). Under a previous the President for the future of our has contractors making this good. He order of the House, the gentleman from economy, jobs, Social Security, and has also developed an electronic lock. Nebraska (Mr. OSBORNE) is recognized other programs. Actually, we have got One day he found out, and he is oper- for 5 minutes. to give the principal author, Mr. ating in 44 countries, that he had been Mr. OSBORNE. Mr. Speaker, 100 mil- Mankiw, the President’s chief eco- cloned. His company had been entirely lion people viewed this year’s Super nomic adviser, some points for extraor- cloned in China, including the Website, Bowl. It was a great football game. Un- dinary honesty. including the software language that fortunately, most of the publicity did A quote from page 229, in reference to says U.S. copyright or patents, trans- not focus on the football game, it rath- trade, of course, the United States of lated into Chinese. The Chinese had er focused on the half-time show and a America is running a huge and growing even gone one better. They took the few ads. Matter of fact, there were trade deficit. We will borrow more than Videx Website and put a little waving 200,000 complaints concerning some of one-half of $1 trillion, $500 billion, from American flag up in the corner on this the indecency that were filed. I think overseas to finance this. We are hem- phony Website for a Chinese company, this illustrates the culture war we are orrhaging jobs. U.S. corporations flee and condoned by the Chinese Govern- currently experiencing, because most overseas to exploit cheap labor and Mr. ment. in the entertainment industry really Mankiw says that is all to the good. I thought, well, certainly the Bush could not understand the outcry. This ‘‘When a good or service is produced administration, who say they want is pretty much business as usual. Yet more cheaply abroad, it makes more rules-based trade, they will help this those in middle America were not quite sense to import it than to make or pro- company. They are for small business; so enthralled. They were hit right be- vide it domestically.’’ they will help this company. We went tween the eyes by the media content He went on to say that exporting to the Commerce Department and the that our children are immersed in al- trade jobs realizes the dream of free answer was, nope, sorry, you are out of most daily. trade that economies have talked luck. In fact, in a conference call just Many Members of Congress, myself about for 2 centuries. 2 weeks ago, this company, Videx, Cor- included, were concerned and some- vallis, Oregon, was told by the Bush what outraged, and I just am concerned b 2000 Commerce Department, those great de- that this outrage may be short-lived if But then he says not to worry, be- fenders of free trade, intellectual prop- we look at the history of such things. cause, of course, we have a compara- erty and rules-based trade, that, in In 2003, 240,000 complaints were filed tive advantage. Well, the question fact, they would do nothing to enforce with the FCC concerning indecent and would be, a comparative advantage in their intellectual property rights or obscene programming, yet there were what? prevent the theft of their entire com- practically no responses by the FCC or Well, since they told us first we are pany and product in China, as is hap- by Congress. Few of these complaints going to lose those obsolete manufac- pening to dozens of other American were even answered by the FCC. Com- turing jobs, which I disagreed with, be- firms, because the big corporations do plaints are often bundled, they are not cause I do not think you can be a great not want such complaints filed against counted separately, so there may have Nation if you do not make things any- China because it might make them been well over 240,000 complaints filed. more, but then they said, do not worry, mad, and they might lose access to the Only a handful of citations were issued, we are going to go to the intellectual cheap labor to produce the goods that which resulted in minimal fines, rough- jobs. We will do those sorts of things, they export back here. ly four or five citations. No TV station and we will protect those through That is what this administration is has ever been fined in the history of these trade agreements. Well, we now all about. They talk about small busi- the FCC for broadcasting indecent ma- find we are exporting those intellectual ness, but they are just there for a few terial. Since the FCC began in 1934, no jobs, and, in fact, we are also losing multinational corporations. They have broadcast license has ever been sus- them to unfair trade. a real chance here to help an American pended. But, remember, this President sup- company to save hundreds of American The FCC receives $278 million from ported Most Favored Nation status for jobs, to stop the Chinese from stealing Congress annually, yet it is largely the bloody dictators of Beijing, the that product and the product of many derelict in the enforcement of its du- Communist Government of China, be- other American firms and stop stealing ties. On June 2, 2003, the FCC increased cause of the insistence of U.S. corpora- those jobs. All they have to do is file a the market share media conglomerates tions. It says here, do not worry, we complaint. can control from 35 percent to 45 per- will defend our intellectual property The company cannot file the com- cent. What does that mean? It means against countries like China, which plaint at the World Trade Organiza- in a major media market, one conglom- regularly steal it. It said that if you tion. The Bush people stacked the erate can own three TV stations, one bring intellectual property into China, deck. The only way it can be filed is by newspaper, and eight radio stations. So within 24 hours it will be on the streets the United States Government and the there has been a huge amount of con- in counterfeit form; but yet this ad- Commerce Department, and they are centration in the media industry. ministration, which says if a country is refusing to do that. If they care about As media control is more centralized, found to be in violation of their obliga- jobs, if they care about the future of and there is less local control, there is tions under a trade agreement, the this country, they will eschew these more emphasis on indecent program- United States could retaliate against radical free trade policies. And they ming. There is a focus on the bottom those countries, against the entire are not only free trade, they are theft line; simply what will sell. Locally-

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.039 H24PT1 H534 CONGRESSIONAL RECORD — HOUSE February 24, 2004 owned outlets are more sensitive to Since the State of the Union and Union to the United States, where the community standards and are less like- since Meet the Press, I have been wait- world was listening. ly to broadcast indecent material. Con- ing for this President to offer a vision The President’s credibility gap is gress, I think, needs to reverse this and an agenda for this country. His stretched even wider by his budget that trend towards concentration and move strategy has got America stuck in an is filled with flip-flops and inconsist- back to that 35 percent of the market endless occupation and a jobless econ- encies. He has pledged $3.5 million in that was originally the standard. omy. I thought last night we were new money for police and firefighters, Our children are paying a price. The going to hear a strategy of how to yet his budget cuts $1 billion out of ex- average young person by the age of 18 move forward, yet the President of the isting grants to local police and fire- witnesses 200,000 violent acts and 40,000 United States, after 3 years of gov- fighters. He told us the budget deficit murders on television. They average erning, has decided his strategy is to would be manageable, but his plan to roughly 6 hours of media exposure per tear down his opponent rather than to halve it by the year 2009 is an account- day. Research by the Congressional offer America a vision of tomorrow and ing fiction. Even Goldman Sachs and Public Health Summit in 2000 indicated what we can do to build something to- the IMF have blamed the Government that children exposed to media vio- morrow. of the United States for being a danger lence are more violent later in life; I thought it was very ironic for a to the world economy, let alone em- more apt to commit crimes of violence. President of the United States, who ployment growth here in the United Studies show that children watching has a growing credibility gap, where States. sexually explicit programming adopt people question the validity and the The President told conservatives of more permissive attitudes towards pre- very truthfulness of his words, to begin his own party that Medicare would cost marital sex and become more promis- to question the consistency of the only $400 billion. Within 2 months, the cuous. front-runner for the nomination of the bill was for $537 billion. He promised to Our out-of-wedlock birth was 5 per- Democratic Party. I thought it was clean up the Great Lakes on one hand, cent in 1960, and today it is roughly 33 very interesting because, if I am not so he increased the funding for $35 mil- percent. One out of every three chil- mistaken, this was the President of the lion, but with the other hand he cut dren coming into our culture are born United States who has flip-flopped on the State Revolving Fund for water with a huge disadvantage. They have steel tariffs. That has been this Presi- cleanup by $400 million. And this is an two strikes against them. These chil- dent’s record. He flip-flopped within 18 administration that wants to challenge dren, and really all of us in our culture, months of having imposed the tariff. people on the word of credibility, on pay a great price. So what I would This is a President who, although their flip-flops and waffling? urge, Mr. Speaker, is that Congress promoting tax cuts for the very The only thing this White House needs to stay the course, play its part, wealthy, called them a middle-class never waffles on is when you are a spe- and hold the FCC to its charge. tax cut. We now find out, in Paul cial interest and you need a special The gentleman from California (Mr. O’Neill’s book and Ron Suskind’s book, favor. They have been quite consistent BACA) and I have started a caucus, the the President of the United States if you are a pharmaceutical company, Sex and Violence in Media Caucus, knew that his tax cut went to the top you are a polluter, or you are an insur- which we hope people will join. Several end. He went into a meeting, said, ance company or an HMO. So when this weeks ago, Bono uttered an obscenity ‘‘Haven’t we done enough for the top President says he wants to campaign four times during prime time, and the end?’’ And yet he went out and sold his on somebody’s credibility and on their FCC refused to penalize the broadcast tax cuts as something else and then ac- consistency, I as one Democrat wel- network because they said he used the cused Democrats of class warfare for come that, because we have 3 years of obscenity as an adjective. As a result, asking the very same question he had a record. This President has done a the gentleman from California (Mr. asked. And he wants to accuse the phenomenal job of getting America OSE) has introduced the bill Clean Air- Democratic nominee, or near nominee, stuck in a jobless recovery and an end- ways Act, H.R. 3687, which defines of being a flip-flopper? less occupation in Iraq. eight obscene words, and it says if He has a very interesting economic This is an election about America’s these words are used, no matter wheth- strategy. He is trying to wage three future, not offering the status quo that er used as adjectives, verbs, adverbs, wars with three tax cuts and tell us the has put America in the position it is. pronouns, whatever, they are still sub- deficit is a result of something else; So if credibility is a question we are ject to penalty. Also, the gentleman spending on veterans, police, edu- going to have in this campaign, let us from Michigan (Mr. UPTON) has intro- cation, and health care. Ever since his bring it on. duced H.R. 3717, the Broadcast Decency tax cuts for $3 trillion, America has f Enforcement Act, which increases pen- added $521 billion to the deficit, 3 mil- alties for obscenity from $27,500 to lion Americans have lost their jobs, 5 b 2015 million additional Americans are with- $275,000, a tenfold increase, which may RISING COST OF PRESCRIPTION out health care, and over $1 trillion get some people’s attention. DRUGS I urge my colleagues, Mr. Speaker, to worth of corporate assets have been hold the broadcast media to a higher foreclosed on. The SPEAKER pro tempore (Mr. standard and to require the FCC to en- His economic report has now told us BISHOP of Utah). Under a previous force commonly held standards of de- that the middle class of India, where order of the House, the gentleman from cency. they are outsourcing jobs, is the pri- Indiana (Mr. BURTON) is recognized for 5 minutes. f mary concern of the President’s eco- nomic report rather than the shrinking Mr. BURTON of Indiana. Mr. Speak- THE PRESIDENT’S BALLOONING middle class in Indiana. This is a Presi- er, there has been a lot of talk over the CREDIBILITY DEFICIT dent who then walked away from that. past few months and debate here in the The SPEAKER pro tempore. Under a In Ohio, he said manufacturing was his Congress about the high cost of pre- previous order of the House, the gen- top priority, yet year after year his scription drugs. I just got a letter from tleman from Illinois (Mr. EMANUEL) is budget cuts the manufacturing exten- one of my constituents in Indiana, Jo- recognized for 5 minutes. sion program which helps small busi- seph Neff. Joseph is 67. He and his wife Mr. EMANUEL. Mr. Speaker, in ad- nesses. buy a lot of prescription pharma- dressing the Republican Governors As- This is a President of the United ceuticals from Canada. In this letter he sociation fund-raiser last night, the States who on foreign policy took the sent me, it shows a 3-month supply of President, in a much-touted speech, de- Nation, regardless of whether you are the products he has been buying from cided to unveil his reelection strategy. for or against it, to war based on weap- Canada, and it shows he is going to He pointedly accused the current front- ons of mass destruction, yet we have save $3,007 a year by buying pharma- runner for the Democratic nomination now found out in two State of the ceuticals from Canada, the very same of having a record of flip-flopping, waf- Union Addresses that he raises threats thing he would buy here in the United fling and temporizing. that are not true; in the State of the States, the same identical prescription

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.041 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H535 drugs; and yet they cost less in Canada ceutical companies to get the best in my congressional district. This week than if he bought them here in the price for the American taxpayers. So a Ford plant is scheduled to close, leav- United States. He is saving 50 percent we pay the highest prices for pharma- ing more than 900 New Jersey employ- on the prescription drugs he is buying ceuticals that the pharmaceutical com- ees without jobs. Last year, the Frigi- from Canada. If he bought them panies want to charge, while in other daire air conditioning plant closed in through AARP on a discount card, it countries there are negotiations taking Edison and shifted production to would be 10 percent. So he still saves place between their governments and Brazil, leaving 1,600 people unem- more by going directly to Canada. the pharmaceutical industry. This just ployed. The pharmaceutical industry has is not right. This is something my col- One would think that the Bush ad- been fighting day and night to stop re- leagues on both sides of the aisle feel ministration would be concerned about importation of pharmaceuticals. They very, very strongly about. these job losses. Two weeks ago, how- have gone to the FDA and HHS, and Mr. Speaker, we have to take our ever, we learned President Bush and they have told them it is not safe to health agencies and anybody else to his economic advisers view the move- have reimportation; and our health task who is trying to load all of the ment of American factory jobs and agencies have been going along with it. profits of pharmaceuticals on the backs white-collar work to other families as And yet we held four hearings, and we of the American people. The American a positive transformation that will in asked them to give one example where people need fairness; they need to know the end enrich our economy. people have been harmed by pharma- that they are going to be treated fair- The President’s chief economist, ceuticals brought in from Canada. ly. They should not have to cut their Gregory Mankiw, made national head- They could not name one example. So pharmaceutical products in half in lines earlier this month when he said, the pharmaceutical industry has un- order to stretch them out to take care ‘‘Outsourcing is just a new way of usual support at our health agencies. of their health needs. They do not want doing international trade. More things They have undue influence at our to pay up to 300 percent more than are tradeable than were tradeable in health agencies; and as a result, Amer- they are paying in Canada for the phar- the past, and that is a good thing.’’ ican people are paying exorbitant maceuticals products, and they should President Bush supported this view in prices for prescription drugs compared not be called criminals because they go his annual economic report in which he to what they are paying in Canada, across the Canadian border and buy the wrote, ‘‘When a good or service is pro- Germany, and other parts of the world. very same product up there for less duced more cheaply abroad, it makes Just recently there was a poll that than they can get it here in the United more sense to import it than make it was released by the Associated Press States. or provide it domestically here in the and stated that a third of American In addition, governors of 25 States United States.’’ families struggle to afford their pre- and a multitude of cities across the It is no wonder the President thinks scriptions, and 73 percent of those fam- country are now trying to negotiate our economic forecast is so rosy. He is ilies have to cut their dosages by as with Canadian pharmaceutical dis- not concerned about creating jobs here much as half so they can take care of tributors to buy their pharmaceutical in the United States; sending jobs over- their health needs. Two-thirds of those products through Canada because they seas is fine with him. How can we have polled felt that the Federal Govern- will save so much money, and it will an economic success if we send jobs ment should open up this market and help their budgets at the State and overseas, but do not create enough new make it easier for people to buy pre- local level. This is a problem that is jobs with comparable wages here in the scription drugs from Canada and other not going to go away. The pharma- United States? It is clear the President countries at lower cost. ceutical industry and our health agen- and his economic team are not con- So why does our government not lis- cies need to address this problem; and, cerned about that at all. ten to the people we represent? There Mr. Speaker, we are not going to be These statements from President is no safety issue. That is a bogus argu- quiet on this floor until this problem is Bush and his economic advisers are ment. Yet the health agencies continue solved. particularly worrisome after Congress to walk in lock-step with the pharma- f narrowly approved legislation last year ceutical companies saying it is a JOBS RECESSION that would give the President free rein health risk, and it is simply about The SPEAKER pro tempore. Under a to negotiate trade agreements with for- money. The big profits they make in previous order of the House, the gen- eign governments without the ability of Congress to amend the agreements. the United States are huge compared tleman from New Jersey (Mr. PALLONE) I opposed the so-called fast track to what they are making in other coun- is recognized for 5 minutes. tries. We continue to let them do that Mr. PALLONE. Mr. Speaker, after 3 trading negotiation authority because when the price they charge should be years in the White House, President I was concerned the Bush administra- fair and equitable throughout the Bush still has not figured out how to tion would use it to sacrifice American world. All of their profits should not be create jobs for Americans here in the jobs for cheaper imports. In an attempt loaded on the backs of the American United States. The economy has yet to to further expand international free people who are struggling to make ends grow to the point where companies feel trade, the administration is now in the meet. confident in hiring new employees. Ac- process of negotiating an agreement In July of this year, we had a vote on cordingly, millions of Americans re- between the United States and Central this floor. The vote overwhelmingly main unemployed, some for so long America that could potentially begin passed saying that we wanted the re- they have actually given up their job another exodus of American jobs to the importation of pharmaceuticals to be search. If the jobs recession does not south. allowed so Americans can get the end soon and the economy does not cre- Mr. Speaker, I would say that such breaks that they are getting in other ate 2.1 million jobs this year, then agreements will do nothing to create countries. Even though that passed, President Bush will be the first Presi- jobs here in the United States, and per- when the Medicare prescription drug dent since President Hoover to preside haps that is why President Bush and bill came out of conference committee, over an economy in which he did not some of his leading economic advisers they left that out. create one net job. are backing away from another state- The other thing that bothers me is One of the major reasons for the cur- ment in that same annual economic re- the American people realize that our rent jobs recession is the increased ex- port of the President in which the ad- government should be negotiating to porting of high-paying white- and blue- ministration predicted 2.6 million jobs make sure that Medicare prescription collar jobs overseas. Fortunately, this would be created this year. Just 1 week drug prices are as low as possible, and phenomenon has not hit New Jersey as after the release of the report, both yet there is a prohibition in law passed hard as States like Ohio, Michigan, Treasury Secretary John Snow and by the Congress of the United States North Carolina, and Georgia. However, Commerce Secretary Donald Evans re- that does not allow our government New Jersey has still suffered. fused to embrace President Bush’s own under the Medicare prescription drug I want Members to consider several economic projections because they bill to negotiate with the pharma- examples from the township of Edison know that is not going to happen.

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.043 H24PT1 H536 CONGRESSIONAL RECORD — HOUSE February 24, 2004 Mr. Speaker, it is time the Bush ad- their independence and we did a fast commitment under the Oslo Accords and ministration realizes shipping jobs recognition to bring Texas in. There Road Map to curb terrorist activities. Without a overseas and cutting taxes for the are many Mexicans who do not believe true partner in peace, Israel alone has been wealthy elite in our country will not that border is legitimate, but does that left to defend itself. create jobs. President Bush and con- mean we do not have a right as a Na- One of the best methods of protecting the gressional Republicans have had 3 tion, since we recognize those States, citizens of Israel is the security fence. In the years to turn this jobs recession we freely associate and recognize them last three years, not one of the 122 homicide around. They have totally failed. It is that way, that we do not have a right bombers that killed 454 people in Israel infil- time for Congress to pass measures to put a fence there to protect our- trated from Gaza. Gaza is separated from that will encourage companies to keep selves from terrorists, illegal immi- Israel by a security fence. jobs here in the United States. It is grants or drugs? Of course we have that Despite the proven effectiveness of the time we level the playing field and pro- right; and so does Israel have that Gaza security fence, Israel’s recent decision to tect American jobs here, rather than right. build a similar security fence around the West continuing to export them overseas. Since September 2000, Palestinian Bank has been roundly criticized. In an effort f terrorists have launched more than to half the construction of the fence, a suit has 18,000 attacks, killing more than 800 been filed in the International Court of Justice. SECURITY FENCES Israelis and wounding 5,600. Such a This case is unprecedented in the history of The SPEAKER pro tempore. Under a high number of attacks seem incon- the court. The court was set up to adjudicate previous order of the House, the gen- sistent with the Palestinian international disputes between two members tleman from Indiana (Mr. SOUDER) is Authority’s commitment under the of the United Nations. In this case, the dispute recognized for 5 minutes. Oslo Accords and Road Map to curb is not between two U.N. members—the Pales- Mr. SOUDER. Mr. Speaker, I am so terrorist activities. Without a true tinian Authority is not a member of the United sick and tired of listening to the whin- partner in peace, Israel alone has been States. The actual U.N. member involved, ing about this fence and walls in Israel. left to defend itself. Israel, has not agreed to the hearing. First, when I heard the complaining One of the best methods of protecting This case falls squarely within Israel’s do- about the wall in Israel, I wondered the citizens of Israel is a security mestic jurisdiction which demands that the whether they were complaining about fence. In the last 3 years, not one of the government protect its citizens. Highlighting the wall around Jerusalem itself. Walls 122 homicide bombers that killed 454 this necessity was the bombing of a Jeru- and fences in the Middle East are as people in Israel infiltrated from Gaza. salem bus that killed 8 and injured 60. This historic as the land itself. Gaza is separated from Israel by a secu- homicide bombing occurred just before the I was just in Germany, and in pretty rity fence. International Court began hearing the case much every city they have a castle or Despite this, there has been outrage against the fence. The need for additional se- a walled fort. That is true all over Eu- and wide criticism when they have curity and the need for the fence has never rope, Austria, and other places. Walls tried to put a fence at the West Bank. been more clear. and fences have been there historically, This case, which has now been taken to Opponents argue that the fence poses and they were not to keep people from the court in front of the United Na- undue hardship to Palestinian Arabs by lim- leaving. They were to keep people from tions, is clearly within Israel’s domes- iting their employment opportunities or sepa- getting in. They were built in areas tic jurisdiction, which demands that a rating them from other Arabs and each other. where there were disputed territories, government protects its citizens. Certainly, the fence poses a hardship to Pal- or they would not have needed a wall if Highlighting this necessity was a estinian Arabs. The extra security will un- people were not going to attack them. bombing of a Jerusalem bus that just doubtedly cause difficulties when moving from In Rome, we see all sorts of walls in killed eight and injured 60. This homi- the West Bank into Israel but the Israeli gov- different parts of the Roman Empire. It cide bombing occurred just before the ernment has done its best to be as accommo- is a historic tradition in Europe. And, international court began hearing the dating as possible. In most places, the fence of course, there is the Great Wall of case against the fence. The need for ad- follows the pre-1967 border. Israel has pro- China that goes for thousands of miles ditional security and the need for the vided passageways for Palestinian Arab farm- and is fairly famous. When we look at fence in Israel has never been more ers to tend their fields, replanted trees up- our own country, let us say the border clear. I am sick and tired of the whin- rooted by fence construction, and protected a with Mexico where we have a fence ing and hypocrisy of many around the water reservoir used by West Bank farmers. In that goes along the border with Mex- world who have built their own fences, recent days, Israel has shortened the fence ico, or let us say gated neighborhoods built their own walls for thousands of citing among its considerations the impact on in the United States, are we suddenly years, and now want to stop Israel from Palestinian Arabs living near the fence. going to ban gated neighborhoods? Is defending itself. As obliging as Israel has been in con- the rule when we want to put a fence Shortly after achieving independence in structing the security fence, Israel should around our yard or security system at 1948, the newly formed State of Israel was set never be forced to sacrifice its security for our house in order to keep people from upon by its Arab neighbors. Despite an over- convenience. Palestinian Arabs tired of Israel’s intruding, are we going to say suddenly whelming opposing force, the fledgling country security measures need only demand that we need to unlock our doors and we can defeated its attackers. Since that time, Israel their leaders live up to their commitments to put no fences up in our own yards? It is has been buffeted by harassment and vio- rein in terrorist groups based in the West Bank the same basic principle of security lence in varying degrees of intensity. In each and Gaza. and the right to protect your property attack, whether by neighboring states or ter- It is unfortunate that opponents denounce and the people that live in it that is rorist groups, Israel has admirably safe- Israel for protecting itself while ignoring the leading to all this whining about the guarded its people and defended its borders. terrorist attacks that precipitated the need for fence in Israel. While Israel has long worked to protect its the fence. At $1.6 million per mile, I am sure Furthermore, some would add that it people, Palestinian Arabs have only recently that Israel would prefer to spend its money is disputed territory. The fact that shown a willingness to dismantle terrorist net- elsewhere. Unfortunately, the current level of somebody else has designs on the terri- works and confiscate illegal weapons. Unfortu- terrorist activity precludes Israel from doing tory does not mean that you cannot nately, whether through complete duplicity or that. put up a fence. Let us take our border half-hearted enforcement of their commit- Israel does not wish harm upon its neigh- with Mexico. There are some in the ments, terrorist attacks against Israelis con- bors. Since its establishment, it has only country of Mexico that believe that us tinue. Regrettably, there is no sign of any seri- wished to live in peace. Regrettably, Israel’s getting California through a war where ous effort on the part of the Palestinian Au- neighbors have never shared this vision. Re- we had a clear overt pressure was kind thority to take any action against terrorists. lentless attacks have forced the Israelis to of controversial, not to mention the Since September 2000, Palestinian terrorists take steps that seem punitive but only serve to Gasden Purchase where we more or less have launched more than 18,000 attacks, kill- defend the State of Israel and its citizens. forced Mexico to sell us Arizona and ing more than 800 Israelis and wounding I applaud Israel’s security measures. Israel New Mexico, or where we pushed set- 5,600. Such a high number of attacks seem simply has done what the United States of tlers into Texas and Texas declared inconsistent with the Palestinian Authority’s America does everyday, which is protect its

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K24FE7.044 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H537 citizens from forces that would harm or de- negotiations by which he attempted to budget resolution, is shown for fiscal year stroy them. reach agreement, and he extended the 2004 and fiscal years 2004 through 2013. This f time. It was finally at 5 p.m. this comparison is needed to enforce section evening that the rebel opposition re- 302(f) of the Budget Act, which creates a point b 2030 jected and refused to continue any ne- of order against measures that would breach HAITI gotiations. And so now we ask the Sec- the section 302(a) discretionary action alloca- retary of State in his wisdom and judg- tion of new budget authority for the committee The SPEAKER pro tempore (Mr. ment to move to a new and higher that reported the measure. It is also needed to BISHOP of Utah). Under a previous plane in trying to bring this matter, implement section 311(b), which exempts order of the House, the gentleman from the differences of other groups and citi- committees that comply with their allocations Michigan (Mr. CONYERS) is recognized zens with their President, to a peaceful from the point of order under section 311(a). for 5 minutes. resolution. The third table compares the current levels Mr. CONYERS. Mr. Speaker, I come It is very important that we recog- of discretionary appropriations for fiscal year to the floor tonight to bring to my col- nize that the United States’ role in this 2004 with the ‘‘section 302(b)’’ suballocations leagues’ attention the extreme emer- is so important since we were promi- of discretionary budget authority and outlays gency that the country of Haiti finds nently involved in bringing a demo- among Appropriations subcommittees. This itself in with gangs, rebels, renegades, cratic election and a President to table also compares the current level of total protesters, thugs, drug lords, in com- Haiti. discretionary appropriations with the section bination and in different groups in dif- 302(a) allocation for the Appropriations Com- ferent parts of the nation of trying to f mittee. These comparisons are needed to en- drive out the first duly elected Presi- The SPEAKER pro tempore. Under a force section 302(f) of the Budget Act because dent in the history of Haiti, President previous order of the House, the gen- the point of order under that section equally Jean-Bertrand Aristide. tleman from Illinois (Mr. KIRK) is rec- applies to measures that would branch either There are a number of activities ognized for 5 minutes. the section 302(a) allocation or the applicable going on here in the Capitol that are (Mr. KIRK addressed the House. His section 302(b) suballocation. intended to move our government and remarks will appear hereafter in the The last table gives the current level for national organizations and inter- Extensions of Remarks.) 2005 of accounts identified for advance appro- national organizations into an effec- f priations under section 501 of H. Con. Res. tive combination that would allow The SPEAKER pro tempore. Under a 95. This list is needed to enforce section 501 peace to quickly come to this belea- previous order of the House, the gen- of the budget resolution, which creates a point guered nation where poverty, suffering tleman from New York (Mr. OWENS) is of order against appropriation bills that contain and misery is so endemic. recognized for 5 minutes. advance appropriations that are: (i) not identi- I begin my comments with an appeal (Mr. OWENS addressed the House. fied in the statement of managers or (ii) would to the President of the United States, His remarks will appear hereafter in cause the aggregate amount of such appro- and I quote from a resolution that has the Extension of Remarks.) priations to exceed the level specified in the resolution. been drafted by our colleague from f California (Ms. WATERS) which urges STATUS REPORT ON CURRENT REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE the United States to support the prin- BUDGET—STATUS OF THE FISCAL YEAR 2004 CON- ciples of democracy and constitutional SPENDING LEVELS OF ON-BUDG- ET SPENDING AND REVENUES GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 95 rule in the Republic of Haiti under [Reflecting action completed as of February 6, 2004—on-budget amounts, which President Jean-Bertrand FOR FY 2004 AND THE 5-YEAR PE- in millions of dollars] Aristide was elected and oppose any RIOD FY 2004 THROUGH FY 2005 Fiscal year Fiscal years and all attempts to remove President Mr. NUSSLE. Mr. Speaker, I am transmitting 2004 2004–2008 Aristide from office prior to the com- a status report on the current levels on on- Approriate Level: pletion of his term under the Constitu- budget spending and revenues for fiscal year Budget Authority ...... 1,880,555 (1) tion of Haiti. And that we additionally 2004 and for the five-year period of fiscal Outlays ...... 1,903,502 (1) Revenues ...... 1,325,452 8,168,933 condemn the violent activities of years 2004 through 2008. This report is nec- Current Level: groups of thugs, former members of essary to facilitate the application of sections Budget Authority ...... 1,875,397 (1) Outlays ...... 1,894,792 (1) Haiti’s disbanded army, and para- 302 and 311 of the Congressional Budget Act Revenues ...... 1,330,756 8,375,403 military organizations in Haiti. Current Level over (+)/under (¥) Appropriate and section 501 of the conference report on Level: This is an appeal to urge the Presi- the concurrent resolution on the budget for fis- Budget Authority ...... ¥5,158 (1) Outlays ...... ¥8,710 (1) dent of the United States to make a cal year 2004 (H. Con. Res. 95). This status Revenues ...... 5,304 206,470 statement, to break his silence and to report is current through February 6, 2004. 1 Not applicable because annual appropriations Acts for fiscal years 2005 let the world and the people of Haiti The term ‘‘current level’’ refers to the through 2008 will not be considered until future sessions of Congress. know that this country promotes de- amounts of spending and revenues estimated BUDGET AUTHORITY mocracy, respects the right to protest, for each fiscal year based on laws enacted or Enactment of measures providing new but appreciates that free speech cannot awaiting the President’s signature. budget authority for FY 2004 in excess of be equated with violence and intimida- The first table compares the current levels $5,158,000,000 (if not already included in the tion. of total budget authority, outlays, and reve- current level estimate) would cause FY 2004 In addition, we are seeking to invoke nues with the aggregate levels set forth by H. budget authority to exceed the appropriate the awesome prestige of the United Na- Con. Res. 95. This comparison is needed to level set by H. Con. Res. 95. tions through its Security Council enforce section 311(a) of the Budget Act, OUTLAYS which will be meeting tomorrow. We which creates a point of order against meas- Enactment of measures providing new out- intend to communicate, Members of ures that would breach the budget resolution’s lays for FY 2004 in excess of $8,710,000,000 (if Congress, with the Organization of aggregate levels. The table does not show not already included in the current level es- timate) would cause FY 2004 outlays to ex- American States to urge that they con- budget authority and outlays for fiscal years ceed the appropriate level set by H. Con. Res. tinue their important work, that 2004 through 2008, because appropriations 95. CARICOM be invited to offer assur- for those years have not yet been considered. REVENUES ances; in other words, that we pull The second table compares the current lev- Enactment of measures that would result these international organizations to- els of budget authority and outlays for discre- in revenue reduction for FY 2004 in excess of gether and make certain that our coun- tionary action by each authorizing committee $5,304,000,000 (if not already included in the try does not by its silence give a wink with the ‘‘section 302(a)’’ allocations made current level estimate) would cause revenues and a nod to the violence that is going under H. Con. Res. 95 for fiscal year 2004 to fall below level set by H. Con. Res. 95. on there. Enactment of measures resulting in rev- and fiscal years 2004 through 2008. ‘‘Discre- enue reduction for the period FY 2004 Last of all, we appeal to our distin- tionary action’’ refers to legislation enacted through 2008 in excess of $206,470,000,000 (if guished Secretary of State, Colin Pow- after the adoption of the budget resolution. A not already included in the current level es- ell himself, whose ancestors came from separate allocation for the Medicare program, timate) would cause revenues to fall below the Caribbean. We thank him for his as established under section 401(a)(3) of the the appropriate levels set by H. Con. Res. 95.

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.027 H24PT1 H538 CONGRESSIONAL RECORD — HOUSE February 24, 2004 DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR DISCRETIONARY ACTION, REFLECTING ACTION COMPLETED AS OF FEBRUARY 6, 2004 [fiscal years, in millions of dollars]

2004 2004–2008 total 2004–2013 total House Committee BA Outlays BA Outlays BA Outlays

Agriculture: Allocation ...... 0 0 0 0 n.a. n.a. Current level ...... 0 0 0 0 n.a. n.a. Difference ...... 0 0 0 0 n.a. n.a. Armed Services: Allocation ...... 70 34 70 70 n.a. n.a. Current level ...... 3,805 347 15,155 12,742 n.a. n.a. Difference ...... 3,735 313 15,085 12,672 n.a. n.a. Education and the Workforce: Allocation ...... 39 47 201 245 n.a. n.a. Current level ...... 9 8 9 9 n.a. n.a. Difference ...... ¥30 ¥39 ¥192 ¥236 n.a. n.a. Energy and Commerce: Allocation ...... ¥170 ¥170 439 439 n.a. n.a. Current level ...... 2,202 963 3,451 3,567 n.a. n.a. Difference ...... 2,372 1,133 3,012 3,128 n.a. n.a. Financial Services: Allocation ...... 0 375 0 1,250 n.a. n.a. Current level ...... ¥1 ¥1 ¥2 ¥2 n.a. n.a. Difference ...... ¥1 ¥376 ¥2 ¥1,252 n.a. n.a. Government Reform: Allocation ...... ¥1 0 ¥3 ¥1 n.a. n.a. Current level ...... 2 2 24 24 n.a. n.a. Difference ...... 3 2 27 25 n.a. n.a. House Administration: Allocation ...... 0 0 0 0 n.a. n.a. Current level ...... 1 1 3 3 n.a. n.a. Difference ...... 1 1 3 3 n.a. n.a. International Relations: Allocation ...... 0 0 0 0 n.a. n.a. Current level ...... 0 0 0 0 n.a. n.a. Difference ...... 0 0 0 0 n.a. n.a. Judiciary: Allocation ...... 19 19 95 95 n.a. n.a. Current level ...... 13 13 83 83 n.a. n.a. Difference ...... ¥6 ¥6 ¥12 ¥12 n.a. n.a. Resources: Allocation ...... 24 24 522 342 n.a. n.a. Current level ...... 28 28 165 165 n.a. n.a. Difference ...... 4 4 ¥357 ¥177 n.a. n.a. Science: Allocation ...... 0 0 0 0 n.a. n.a. Current level ...... 0 0 0 0 n.a. n.a. Difference ...... 0 0 0 0 n.a. n.a. Small Business: Allocation ...... 0 0 0 0 n.a. n.a. Current level ...... 0 0 0 0 n.a. n.a. Difference ...... 0 0 0 0 n.a. n.a. Transportation and Infrastructure: Allocation ...... 9,256 0 41,134 0 n.a. n.a. Current level ...... 6,425 ¥2 7,460 ¥126 n.a. n.a. Difference ...... ¥2,831 ¥2 ¥33,674 ¥126 n.a. n.a. Veterans’ Affairs: Allocation ...... 0 0 0 0 n.a. n.a. Current level ...... ¥77 ¥77 ¥1 ¥1 n.a. n.a. Difference ...... ¥77 ¥77 ¥1 ¥1 n.a. n.a. Ways and Means: Allocation ...... 20,626 20,054 24,079 23,876 n.a. n.a. Current level ...... 17,979 17,960 22,810 22,850 n.a. n.a. Difference ...... ¥2,647 ¥2,094 ¥1,269 ¥1,026 n.a. n.a. Medicare: Allocation ...... 0 0 n.a. n.a. 0 0 Current level ...... 4,100 3,100 n.a. n.a. 392,000 392,000 Difference ...... 4,100 3,100 n.a. n.a. 392,000 392,000

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2004—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUBALLOCATIONS [In millions of dollars]

302(b) Suballocations as of Current level reflecting ac- Current level minus sub- July 22, 2003 (H. Rpt. tion completed as of Feb- allocations Appropriations Subcommittee 108–228) ruary 6, 2004 BA OT BA OT BA OT

Agriculture, Rural Development ...... 17,005 17,686 16,839 17,633 ¥166 ¥53 Commerce, Justice, State ...... 37,914 41,009 37,582 40,677 ¥332 ¥332 National Defense ...... 368,662 389,221 368,183 388,648 ¥479 ¥573 District of Columbia ...... 466 464 542 536 76 72 Energy & Water Development ...... 27,080 27,211 27,255 27,263 175 52 Foreign Operations ...... 17,120 20,185 17,611 20,171 491 ¥14 Homeland Security ...... 29,411 30,506 29,238 30,007 ¥173 ¥499 Interior ...... 19,627 19,400 19,540 19,346 ¥87 ¥54 Labor, HHS & Education ...... 138,036 134,766 138,987 135,069 951 303 Legislative Branch ...... 3,512 3,662 3,527 3,603 15 ¥59 Military Construction ...... 9,196 10,282 9,316 10,247 120 ¥35 Transportation-Treasury ...... 27,502 71,360 28,116 71,873 614 513 VA-HUD-Independent Agencies ...... 90,034 95,590 90,774 96,404 740 814 Total (Section 302(a) Allocation) ...... 785,565 861,342 787,510 861,477 1,945 135

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.031 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H539 Statement of FY2005 advance appropriations able to buy an AK–47 once again. Soon Israel, Haiti. These are the kind of under section 501 of H. Con. Res. 95 reflecting criminals, gangs, terrorists can go into guns that are used to wipe out people action completed as of February 6, 2004 any gun store and buy any kind of as- as fast as they can. You are telling me [In millions of dollars] sault weapon that they want. The as- a sportsperson wants these back on the Budget authority sault weapons ban expires this Sep- streets again? Appropriate Level ...... 23,158 tember 14. Some in Congress wish this Mr. Speaker, I will be back here issue would just go away, but Ameri- every single week until the American Current Level: cans overwhelmingly support the ban. voices are heard, and I will be here to Homeland Security Sub- voice those voices. committee: Even 66 percent of gun owners support Bioshield 1 ...... 2,528 the ban. They support it because it f Interior Subcommittee: Elk worked and because it protected the HAITI Hills ...... 36 rights of law-abiding citizens to own Labor, Health and Human Serv- handguns, hunting rifles and shotguns. The SPEAKER pro tempore. Under a ices, Education Sub- Once again, every major law enforce- previous order of the House, the gentle- committee ment agency in the country has en- woman from California (Ms. LEE) is Employment and Training dorsed the ban. The Supreme Court has recognized for 5 minutes. Administration ...... 2,463 Ms. LEE. Mr. Speaker, I rise tonight even upheld a stronger version of the Education for the Disadvan- to ask the Bush administration why in ban. taged ...... 7,383 the world our country appears to be al- School Improvement ...... 1,435 But nothing will get done if Presi- lowing a violent coup d’etat to occur in Children and Family Services dent Bush refuses to add his voice to Haiti. Through a wink and a nod, our (head start) ...... 1,400 the effort. He has promised to sign a administration is allowing this vio- Special Education ...... 5,413 new assault weapons ban if it reaches Vocational and Adult Edu- lence to occur, and we must not stand his desk, but if his leadership is not cation ...... 791 for it. Transportation and Treasury here, and if he does not tell TOM DELAY The democratically elected President Subcommittee to bring the bill up for a vote, it is of Haiti could be overthrown any Payment to Postal Service .... 37 never going to reach his desk. minute. At risk, of course, is the safety Veterans, Housing and Urban I have introduced H.R. 2038, which Development Sub- of over 8 million lives in Haiti. We can- would renew the ban while closing its not play politics with rebels and with committee: Section 8 Re- most gaping loopholes. I came to Con- newals ...... 4,200 thugs. They are trying to change their gress to fight for gun safety. I have government through the use of force, Total ...... 25,686 fought for common-sense, effective gun not by democratic elections. We do not measures, but too many of my col- allow coups to take place in the United Current Level over (+)/under(¥) leagues seem beholden to gun pressure States, and we should uphold that Appropriate Level ...... 2,528 groups. Yet we know the American standard for neighboring countries, 1 This advance appropriation was not on the list of people want to have assault weapons neighboring democracies, especially accounts identified for advance appropriations in- kept off their streets. We cannot let cluded in the joint explanatory statement of the one in our own hemisphere. committee of conference in the conference report to special interests trump the safety of Throughout Haiti’s 200 years of inde- accompany H. Con. Res. 95. Still, since the provision American families and our police offi- pendence, it has experienced 32 coups, has been enacted, it is included as part of the cur- cers. but it seemed that the tragic cycle rent level for advance appropriations. We have 202 days to renew the ban. ended in 1991 with President Aristide’s Failing to do so would be an outrage, f first Presidential victory. After a coup, and the American people will demand the United States helped restore then- EXTEND BAN ON ASSAULT an explanation in November. But there exiled President Aristide in 1996, and WEAPONS is something that they can do today. I later he ran and was reelected in the The SPEAKER pro tempore. Under a urge all Americans to contact their fall of 2001. Tonight as we speak, Presi- previous order of the House, the gentle- Members of Congress and their Sen- dent Aristide is warding off yet an- woman from New York (Mrs. MCCAR- ators and tell them we want to keep as- other coup attempt and a potential THY) is recognized for 5 minutes. sault weapons off the street. We have civil war, and democracy is under fire Mrs. MCCARTHY of New York. Mr. got to band together for the safety of again in Haiti. Speaker, on January 17, 1989, a gunman our families, our children and our com- Two weeks ago now I wrote to Sec- used a weapon like this one behind me munities. This is something we can do. retary Powell and asked the following to fire 102 bullets into a crowded ele- People talk about they never have a questions: mentary school in California. The voice in government. I happen to know One: Does the State Department sup- weapon is the AK–47, and it is very that having a voice in government is port the democratically elected Gov- good at what it does. It kills as many very important. Here in this House, ernment of Haiti? What practical steps people as possible as quickly as pos- how many times have we seen bills is our government taking to support sible. Before the shooting stopped, 34 pass by one vote? Or fail by one vote? the democratic process? children and teachers had been shot. In It is up to the American people to get Two: Is our country supporting and less than 2 minutes, the gunman was involved in this. sanctioning an overthrow of the able to spray the school yard with This evening we have heard so many Aristide government by giving a wink more than 100 bullets. America was of my colleagues talk about all the and a nod to the opposition? There are rightly outraged. things that are going on in this world, also reports that we are covertly fund- On December 7, 1993, another gunman budget deficits, medications that can- ing the opposition. came on a train on the Long Island not get to our patients. These are all Third: Is it true that the Haitian op- Railroad. This gunman had large-ca- serious problems. But allowing assault position parties and leaders have re- pacity clips and was able to shoot and weapons back onto our streets again to ceived USAID funding? kill six people, one of them my hus- kill our officers, to go into our schools, Fourth: We understand the Haitian band, and wound 21 people, one of them this is something we can do. This is Government made several requests my son. It was at that time that I de- something where the American people over the last 2 years for equipment and cided that I would do whatever I could can have their voices heard. We out- training of Haiti’s police force. Why to reduce gun violence in this country. number the NRA. We outnumber those were these requests never responded We were also having a debate here in that are trying to stop this. to? Washington on having an assault weap- Since I have been in Congress, I have Secretary Powell said, and I quote, ons ban, and I became part of that de- always tried to uphold the second ‘‘We cannot allow thugs and murderers bate. We were very lucky that when it amendment, but this kind of a gun is to overthrow the democratically elect- came up for a vote, it won by one vote. only meant for one thing. It is to kill ed government of President Jean- But there is good news for criminals, as many people as possible. It is guns Bertrand Aristide,’’ but now there ap- gangs and terrorists. Soon they will be like this that we are seeing in Iraq, pears to be a major disconnect between

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.034 H24PT1 H540 CONGRESSIONAL RECORD — HOUSE February 24, 2004 the Bush administration’s words and CONGRESS OF THE UNITED STATES, for democracy in Iraq and not say very clear- actions. Their rhetoric says one thing, HOUSE OF REPRESENTATIVES, ly that we support democratic elections as and their actions say something else. Washington, DC, February 20, 2004. the only option in Haiti? President GEORGE BUSH, Since I did not have the opportunity to This Friday, prior to the inter- The White House, raise the following questions in committee, I national diplomatic team traveling to Washington, DC. would appreciate it if you could provide a Haiti, members of the Congressional DEAR MR. PRESIDENT: Thank you for your written reply so that I might have a better Black Caucus asked the administration Administration’s new initiative to resolve understanding of Administration policy to- to act immediately and prevent the the current political crisis in Haiti. The Con- ward Haiti: rebels from taking over more cities in gressional Black Caucus agrees that we can- 1. Does the State Department support the Haiti. We are awaiting a response to not allow ‘‘thugs’’ and ‘‘murderers’’ to over- democratically-elected government of Haiti? throw the democratically-elected govern- both of these letters. What practical steps is our government tak- ment of President Jean Betrand Aristide, as ing to support the democratic process? We are working to protect democracy Secretary Powell stated on February 17, 2004. 2. Is our country supporting and sanc- in Haiti day and night, but unfortu- Additionally, we are pleased that the United tioning an overthrow of the Aristide Govern- nately people in Haiti are still dying as States, France, Canada, CARICOM, and the ment by giving a wink and a nod to the oppo- a result of rebel attacks, hunger and OAS will meet with the Government of Haiti sition? There are also reports that we are the like. The ongoing negotiations to to discuss how we can work together to se- covertly funding the opposition. broker a peace plan are failing, and it cure the country, stop the escalating vio- 3. Does the United States support the lence, restore the rule of law, and take steps is not at all a result of President CARICOM proposal, and will we work forward to implement the CARICOM pro- through the OAS to broker a peaceful solu- Aristide. President Aristide has shown posal. tion, not an overthrow of the Aristide Gov- good faith by accepting the Catholic There must be an immediate cease-fire, ernment? bishops’ plan, the CARICOM plan and and as these talks move forward, we hope 4. Is it true that Haitian opposition parties now this peace plan. that the United States insists that all par- and leaders have received USAID funding? Haiti is embroiled in violence. Armed ties lay down their arms and stop the vio- 5. We understand the Haitian government lence. Haitians are dying every day, and the made several requests over the last two rebels are burning down jails and pil- United States must do its part to guarantee laging villages, toting M–16s and M–50s. years for equipment and training of Haiti’s a cease-fire, uphold democracy, and promote police force. Why were these requests never Haiti only has 3,500 police for over 8 stability in a sovereign nation in our own responded to? million people. It is only common hemisphere. Members of the Congressional Thank you for your attention, sense that disarming thugs and mur- Black Caucus agree that these emergency BARBARA LEE, derers and forging a cease-fire go hand talks will be critical to ending the current Member of Congress. in hand. violence. We respectfully encourage you to invite f experienced, independent observers to travel THE BUSH ECONOMIC PICTURE b 2045 to Haiti to monitor and observe the meeting. Thank you for your attention to this urgent The SPEAKER pro tempore (Mr. The United States cannot sit back matter. We look forward to working with BISHOP of Utah). Under a previous and watch a country especially in our you to help resolve this crisis. order of the House, the gentleman from own hemisphere spiral further down Sincerely, Oregon (Mr. BLUMENAUER) is recognized into a state of turmoil. Bush must Barbara Lee; John Conyers, Jr.; Donald for 5 minutes. show some leadership and speak out M. Payne; Bobby L. Rush; Sheila Jack- Mr. BLUMENAUER. Mr. Speaker, we against the violence and the disregard son-Lee; Elijah E. Cummings; Maxine have much serious business to attend for the rule of law in Haiti. President Waters; ———; Diane E. Watson; Greg- to on Capitol Hill these days. Many of Bush should speak out in support of the ory W. Meeks. us on our side of the aisle are deeply democratically elected President of CONGRESS OF THE UNITED STATES, concerned about the Bush economic Haiti and provide President Aristide HOUSE OF REPRESENTATIVES, picture, how sad it is for most of Amer- the assistance that he needs to pro- Washington, DC, February 12, 2004. ica, including my State, which has mote peace on the ground, allow free Hon. COLIN POWELL, struggled with very high unemploy- and fair elections to take place, and to Secretary of State, ment for most of the Bush administra- uphold the Haitian constitution. Washington, DC. DEAR MR. SECRETARY: Thank you for com- tion. The administration has fallen 1.8 How can we sit back and witness a ing to the House International Resources million jobs short of the promises that violent attempt to overthrow a govern- Committee today. While we ran out of time were made to the Americans and to ment? Is this part of the Bush adminis- before I could raise my questions in com- this Congress to justify the first two tration’s regime change policy? mittee, I enjoyed speaking to you after- massive tax cuts from the Bush admin- Democracy in Haiti is in grave dan- wards. As you know, conditions in Haiti are rap- istration. There are significant issues ger. Turmoil rages on the ground, in idly deteriorating. People are dying, and our to deal with the national government’s the streets, at the university, through own commitment to democracy is under fiscal health, the guarantees of an the halls of government, and in the siege. We have a moral and regional obliga- extra trillion dollars that was going to homes of Haitians. Haitians are dying, tion to help one of our closest neighbors. be available when the tax cuts were and it is apparent that the hope for Furthermore, Article 17 of the OAS Inter- brought forward that the President re- peace is diminishing. American Democratic Chapter requires that peated here in Washington, D.C., and If we believe, if we truly believe in all OAS nations come to the aid of a demo- cratic government under siege. out in the hustings. the power of democracy and the poten- I must say, Mr. Secretary, that our failure Now the administration wants to tial for global peace, we must not turn to support the democratic process and help spend another trillion dollars in the a blind eye to our neighbor and long- restore order looks like a covert effort to face of hemorrhaging red ink to make time ally. This is an urgent cry to our overthrow a government. There is a violent these tax cuts that benefit a tiny num- administration, specifically President coup d’etat in the making, and it appears ber of Americans, those who need help Bush, to formally request a meeting of that the United States is aiding and abetting the least, make their tax cuts perma- the United States Security Council the attempt to violently topple the Aristide nent. This is something we could de- with the hope of bringing the world Government. With all due respect, this looks like ‘‘regime change.’’ bate here in Washington, D.C. community’s resources to bear in sup- This situation demands sustained U.S. en- There appears to be no concern for port of the government of Haiti. gagement to promote democracy, yet dis- the millions of Americans who are The United States must stop drag- turbing reports indicate our actions—or in- being caught in the payment of the ging its feet and answer the call Presi- action—may be making things worse. The millionaires tax, the alternative min- dent Aristide made again yesterday. He opposition is well-funded and well-armed, imum tax, that was inspired because said, ‘‘Should those killers come to even though President Aristide’s pleas for re- there were a handful of people who sources to better train police forces have Port-au-Prince, you may have thou- fallen on deaf ears. Yet, State Department were earning $1 million or more in to- sands of people who may be killed.’’ We officials have implied that President day’s dollars that escaped taxation al- need the presence of the international Aristide’s departure could be an option in together. Congress in its wisdom community as soon as possible. solving the current crisis. How can we call passed the alternative minimum tax.

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.051 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H541 Now it has turned into a voracious rev- guished citizen from the Fifth Congres- tions, to select a council of wise per- enue machine for the Federal Govern- sional District from New Jersey, which sons, of seven wise persons, who would ment that is taxing 2.4 million Amer- I represent. Mr. John Redden has been then choose what would end up being a ican families, and that number is due named Pascack Valley’s Citizen of the prime minister. First in the plan they to quadruple to over 12 million families Year. offered the President, they said they in just a year; and if nothing is done, it John is deserving of such acclama- would give him a name and he would is going to put the tax bite, extra tion for his many contributions to his either accept it or reject it. He asked taxes, on 41 million American families community. He serves on the board of them to give him more than one name. who will be subjected to the million- the Pascack Community Services. He They ended up agreeing to give him aires tax. But the Bush administration has owned a Westwood-based business two names that he could choose from, is more concerned about making per- for over 20 years. And John, who has a and the President accepted the plan. I manent tax cuts for those who need it wife and three children, has generously was there. He accepted the plan. the least, as opposed to dealing with given of his time and money to donate But the opposition has rejected the the alternative minimum tax. We do to many community organizations. He peace plan. They have refused to nego- not hear any outrage. That is some- has used his passion of sports to en- tiate. They also have sent a signal to thing we should debate on this floor. courage athletic involvement in the groups of thugs and a newly formed Or remember the lockbox where the community for having coached both army of exiled criminals that they will two candidates for President, was it basketball and baseball. support the violent overthrow of the just 2000, Al Gore and then Governor I might add that John is a worth- democratically elected government of Bush, were going to lock up the Social while recipient of this award not only Haiti. These thugs and the newly Security trust fund to make sure it for the many contributions but in the formed army, made up of exiled former was available for future generations? way that he undertakes them. He sup- military officers and criminals known Now under the fiscal policies of this ad- ports his community silently, asking as The Front for the Advancement and ministration and his allies in Congress, no credit whatsoever for his charity to Progress of Haiti, commonly referred we are borrowing every cent of the his community. He supports his home- to as FRAPH, have murdered many Medicare prescription drug benefit town organizations simply because he people in Cap Haitian, and they now from the Medicare trust fund. That is loves his neighbors and the community control several cities. something that is worth debating. means so much to him. For the last couple of days, these The tax cut that is being pressed I commend John for his dedication to crooks, criminals, former military offi- would fund the Social Security deficit his community, and I ask my col- cers have been on television warning three times over and avoid a disaster leagues to join me in congratulating that they are on their way to Port-au- as the baby boom generation ap- him on receiving this prestigious Prince. They are now on their way to proaches retirement. award. Port-au-Prince; and if in fact these thugs who are armed with very sophis- This administration has refused to f ticated weapons, M–16s, go to that cap- join us in the battle against the Repub- The SPEAKER pro tempore. Under a ital and they try to take the palace, lican leadership to extend unemploy- previous order of the House, the gen- ment benefits for workers who have there will be a bloodbath. Lavalos, the tleman from Illinois (Mr. DAVIS) is rec- millions of people who support the had them expire. That is worth debat- ognized for 5 minutes. President will be there to protect the ing. (Mr. DAVIS of Illinois addressed the Or the loss of manufacturing jobs capital, and this confrontation will end House. His remarks will appear here- across this country. It is fascinating to in the loss of many lives. after in the Extensions of Remarks.) hear the administration’s one concrete It is time for the international com- proposal to increase the number of f munity to come to the aid of Haiti. It manufacturing jobs that I have heard The SPEAKER pro tempore. Under a is time for us to understand that we in the last 3 years, and that is to re- previous order of the House, the gentle- can avoid this bloodbath in Haiti; and classify the people who work at woman from New York (Mrs. MALONEY) it makes good sense to say to the oppo- McDonald’s, providing the service at is recognized for 5 minutes. sition who refuses to come to the table those restaurants, that they are some- (Mrs. MALONEY addressed the that the game is up; that, in fact, if how going to be manufacturing jobs. House. Her remarks will appear here- they want to be obstructionists, we are They are going to change the defini- after in the Extensions of Remarks.) going to insist that they get out of the tion. That is worth debating too. f way so that we can move with stabi- lizing Haiti. But what is it that the administra- HAITI tion wants to talk about? Not the false We simply cannot stand by and choices in Iraq that have put us in a The SPEAKER pro tempore. Under a watch this situation unfold and not disastrous situation on the ground and previous order of the House, the gentle- recognize that a coup d’etat is in putting young men and women in woman from California (Ms. WATERS) is progress in Haiti. Immediate inter- harm’s way, not the deeply flawed pol- recognized for 5 minutes. national assistance is essential to stop icy where we are not following through Ms. WATERS. Mr. Speaker, I just re- the escalation of violence. The United in Afghanistan. They want to talk turned from Haiti this past weekend. It States should work with the Organiza- about gay marriage. was the third time I have been there tion of American States, the nations of I would strongly recommend that in- since January 1. And I am on this floor the Caribbean community referred to stead of pursuing something that was tonight because I want to share in the as CARICOM, and other countries to brought to us by Republican judges in most straightforward way that I pos- provide assistance to Haiti to stop the Massachusetts, we let the States alone sibly can that it is clear to me that a violence, disarm the thugs and death debate the real issues and not deal with bloodbath in that country is imminent squads and protect the Haitian people. a Federal constitutional amendment in spite of the fact that President I have been in conversation with the banning same-sex marriage. Jean-Bertrand Aristide has agreed to State Department trying to urge them the peace plan worked out by the inter- to take some action. I have talked with f national community. representation, the ambassadors from HONORING JOHN REDDEN, I went down to Haiti this past Satur- Canada, and have on call the ambas- PASCACK VALLEY’S CITIZEN OF day to be an observer as the inter- sador from France. I have talked with THE YEAR national community, made up of the OAS representative, saying to The SPEAKER pro tempore. Under a United States, Canada, France, the them somebody must take the lead in previous order of the House, the gen- OAS, CARICOM, and the United Na- putting together the assistance to stop tleman from New Jersey (Mr. GARRETT) tions, presented a peace plan; and it this carnage. It is quite unfortunate; is recognized for 5 minutes. was a tough peace plan. The plan called and if there is a bloodbath, this coun- Mr. GARRETT of New Jersey. Mr. for three persons from the inter- try is going to have to take some re- Speaker, I rise today to honor a distin- national community, these organiza- sponsibility in it.

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.053 H24PT1 H542 CONGRESSIONAL RECORD — HOUSE February 24, 2004 b 2100 seek a negotiated solution, I remain (Mr. STRICKLAND addressed the The man that is leading the coup concerned that this push for dialogue is House. His remarks will appear here- d’etat in Haiti was born in New York not matched by equal resolve to pre- after in the Extensions of Remarks.) and holds an American passport. For vent the violent overthrow of a demo- f cratically elected government. If the the life of me, I do not understand HAITI what an American, born in New York, Bush administration turns its back on The SPEAKER pro tempore. Under a with a passport, is doing starting a the democratically elected government previous order of the House, the gentle- coup d’etat in another country. Mr. of Haiti in this crisis, the President will lose any and all credibility he has woman from Texas (Ms. JACKSON-LEE) Andy Arpaid, Jr., not only holds an is recognized for 5 minutes. American passport; he owns 15 fac- on preserving the rule of law. By now, there should be few illusions Ms. JACKSON-LEE of Texas. Mr. Speaker, tories in Haiti, sweatshops. about Jean Bertrand Aristide. He is not I rise with the Members of the Congressional Unfortunately, we cannot continue. Black Caucus’ Haiti Task Force to urge imme- We will continue this at another time. a paragon of virtue. He deserves an equal share of the blame, along with diate action to assuage the political crisis that f the legitimate opposition in Haiti, for we see in Haiti. The SPEAKER pro tempore (Mr. the political gridlock which has para- I wrote a letter to Secretary of State Powell BISHOP of Utah). Under a previous lyzed Haiti for years and prevented dated February 17 urging a more forceful ef- order of the House, the gentleman from both political maturity and economic fort to quell insurgents and to maintain democ- New York (Mr. MEEKs) is recognized for growth. But he remains a democrat- racy and respect for the rule of law in the re- 5 minutes. ically elected leader, one of the few in gion. Haiti has long been suffering with dire (Mr. MEEKS of New York addressed Haiti’s two violent centuries of inde- economic conditions and the devastation of the House. His remarks will appear pendence. To turn our back on him HIV/AIDS. But now, Haiti has reached a state hereafter in the Extensions of Re- would be to turn our back on the val- of crisis. To date, more than 60 people have marks.) ues America was founded upon, the val- been killed in the rebellion that is quickly esca- f ues which have guided our foreign pol- lating to a civil war. The SPEAKER pro tempore. Under a icy from Jefferson through Wilson, Humanitarian aid and military assistance are previous order of the House, the gen- through Truman, through Ronald needed now given the threat that demonstra- tleman from New Jersey (Mr. PAYNE) is Reagan and Bill Clinton. tors may thwart the delivery of food and other recognized for 5 minutes. Haiti’s political deadlock is no ex- relief items. (Mr. PAYNE addressed the House. His cuse for violent hooliganism. The I and the other Members of the Congres- remarks will appear hereafter in the forces creating violence in Haiti today sional Black Caucus have consistently sup- Extensions of Remarks.) are opponents of democracy. If Presi- ported an active role for the United States in providing humanitarian and military assistance f dent Bush fails to support the elected government against violent hooligans, to Haiti. Many other Members of the House The SPEAKER pro tempore. Under a and Senate have expressed a willingness to previous order of the House, the gentle- the United States will forfeit its role as the leader in this hemisphere. How can support more engaged and aggressive peace- woman from Florida (Ms. CORRINE keeping activities to prevent a full-scale civil BROWN) is recognized for 5 minutes. our government lead in advocating for democracy in Cuba when we will not war so close to our border and to head off the (Ms. CORRINE BROWN of Florida ad- large exodus of refugees to our shores that it dressed the House. Her remarks will raise our voices for democracy just a few miles away in Haiti? might precipitate. appear hereafter in the Extensions of Secretary Powell made a statement earlier Remarks.) The President’s initial efforts have so far been positive; but I fear that with- about Haiti, committing the United States to The SPEAKER pro tempore. Under a working toward a political resolution to the sit- out firm resolve, backed by a credible previous order of the House, the gentle- uation in Haiti. However, he expressed his threat of repercussions, America risks woman from the District of Columbia concern that the ‘‘enthusiasm’’ does not exist losing her credibility as an advocate (Ms. NORTON) is recognized for 5 min- for the United States to take a stronger ap- for democracy. The President needs to utes. proach. (Ms. NORTON addressed the House. be more forceful in stating that he will It may be necessary to use more forceful Her remarks will appear hereafter in not accept the violent overthrow of the means in the short-run to prevent a humani- the Extensions of Remarks.) Aristide government and that we re- tarian disaster. The United States must act on f main adamant that we will only accept its commitment to upholding the constitutional The SPEAKER pro tempore. Under a a peaceful, negotiated solution to this process and the rule of law as the optimal way previous order of the House, the gen- crisis. to maintain civil stability and respect for The President has outlined a bold vi- tleman from California (Mr. GEORGE human rights in that region. We should sup- sion for expanding democracy, free- MILLER) is recognized for 5 minutes. port the proposal adopted by the Caribbean dom, and the rule of law throughout (Mr. GEORGE MILLER of California Community (CARICOM) in Nassau as a viable the world. But if the President will not addressed the House. His remarks will option to restore peace. even defend democracy in our own appear hereafter in the Extensions of As we work with the government of Haiti to hemisphere, he will expose his vision as Remarks.) explore the role of the international community little more than empty posturing. f in averting civil war, we must also start to look I urge the President to take action to beyond the current crisis. For example, Haiti AMERICA MUST STAND UP FOR prevent the violent overthrow of the continues to be in dire need of food aid and DEMOCRACY IN HAITI Aristide government and to preserve medical assistance. The current unrest has al- The SPEAKER pro tempore. Under a America’s leadership role in fighting ready set off an exodus of refugees; and un- previous order of the House, the gentle- for democracy and the rule of law. certainty regarding the timing and fairness of woman from California (Ms. WATSON) is f the next elections is further promoting sus- recognized for 5 minutes. The SPEAKER pro tempore. Under a picions and instability. The United Nations has Ms. WATSON. Mr. Speaker, over the previous order of the House, the gentle- great experience in handling such issues. last several weeks, my constituents woman from Indiana (Ms. CARSON) is Even as we concentrate on quelling the vio- have watched the escalating violence recognized for 5 minutes. lence, we must also think in terms of pro- in Haiti with increasing alarm. Their (Ms. CARSON of Indiana addressed moting peace and stability in the aftermath. alarm is caused not just by the bru- the House. Her remarks will appear Operation Iraqi Freedom provides a strong tality and the chaos of the revolt, but hereafter in the Extensions of Re- model of what we should not do. Without reli- by this seeming lack of resolve of our marks.) able or corroborated information, we initiated own United States Government in con- f aggressive war efforts and amassed large fronting this threat to democracy in The SPEAKER pro tempore. Under a war-related expenses and lost lives of our our own backyard. previous order of the House, the gen- brave young men and women. Former United While the President has responded tleman from Ohio (Mr. STRICKLAND) is Nations weapons inspector David Kay has tes- admirably in dispatching envoys to recognized for 5 minutes. tified to the fact that there have not been, nor

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 9920 E:\CR\FM\K24FE7.058 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H543 will there be found any stockpiles of weapons MORE HEMORRHAGING OF work; literally hundreds of thousands of mass destruction as possessed by Iraq. AMERICAN JOBS of Americans in manufacturing have Nevertheless, our troops have been deployed The SPEAKER pro tempore. Under been thrown out of work. And it means and stationed in that region since the begin- the Speaker’s announced policy of Jan- something else: 30 or 40 years ago when ning of the war, and the cost has been tre- uary 7, 2003, the gentleman from Ohio we were in the midst of a recession, mendous. With the government projected to (Mr. BROWN) is recognized for 60 min- you figured most of those jobs, seven run one of the largest deficits in history, it is utes as the designee of the minority out of 10, statistics say, would return, not enough to simply consider the cost of the leader. people would get their jobs back. They war today; we must also consider how much would have temporary layoffs at a Ford GENERAL LEAVE money we will be spending on it for years to plant, temporary layoffs at a steel come. Although the stated cost of the war on Mr. BROWN of Ohio. Mr. Speaker, I mill. Seven out of 10 of those jobs April 17 was $34 billion, the actual cost was ask unanimous consent that all Mem- would come back. Three of them would closer to $47.6 billion, due to the $13.6 billion bers may have 5 legislative days within be lost forever. Other jobs might be we will be spending in interest. In addition, the which to revise and extend their re- created during a recovery. cost of occupation is more accurately stated marks and include extraneous material During the Bush recession and recov- as $5.46 billion monthly, of which $1.56 billion on the subject of my Special Order. ery, they are predicting now only three is interest. The SPEAKER pro tempore. Is there of the 10 manufacturing jobs lost will With respect to the situation in Haiti, there objection to the request of the gen- return, and they have not even re- has been a cry for assistance by President tleman from Ohio? turned yet. So we have this jobless job- Aristide. The poorest country in the Western There was no objection. loss recovery, when the President says Hemisphere that is celebrating its 200th anni- Mr. BROWN of Ohio. Mr. Speaker, I his tax cuts are working. They may be versary of independence from French rule with begin this evening by offering the com- working for upper-income people who over 8 million citizens aided by a 4,000-officer ments of my colleague, the gentle- both get the tax cuts and now are see- police force has requested humanitarian aid woman from Cleveland, Ohio (Mrs. ing the stock market doing a little bet- and security forces. The U.S. contingency plan JONES), who could not stay with us this ter, only a little better; but they are to deal with the massive refugee exodus that evening, but to announce her support not working for Ohioans who have lost will soon occur is to send them to Guanta- of our efforts, or opposition, if you will, jobs. They simply are not working. The namo, Cuba, which received thousands of to the Central American Free Trade promises the President made simply Haitian refugees during the last crisis 10 years Agreement and her good work on op- have not been fulfilled. ago, when a military junta seized power from posing this agreement that will expand The front page of The Washington Aristide. NAFTA to Central America and ulti- Post today, a newspaper that has been The exodus will indeed be massive; but we mately lead to the quadrupling of low- pretty pro-Bush on Medicare, very pro- can avoid or at least ameliorate it by taking income workers, the doubling of the Bush on Iraq, pretty pro-Bush on a more forceful action to quell the situation im- size of NAFTA and more hemorrhaging whole host of issues, this newspaper mediately. of American jobs. wrote on the front page, talked about FEBRUARY 17, 2004. Mr. Speaker, President Bush last Fri- the Bush job forecast. Hon. COLIN L. POWELL, day officially notified Congress that he With President Bush, every time he Secretary, Department of State, supports the Central American Free issues a statement, an economic re- C Street NW, Washington, DC. Trade Agreement, that he plans to send DEAR SECRETARY POWELL: I am deeply con- port, every time he introduces legisla- cerned about the escalating violence in it to Congress, probably sometime in tion on the economy to Congress, he Haiti. Haiti has long been suffering with dire May, and this body sometime after makes predictions. He predicted there economic conditions and the devastation of that will make a decision on whether it would be 3.4 million more jobs in 2003 HIV/AIDS. But now, Haiti has reached a wants to pass the Central American than there were in 2000. state of crisis. The recent uprising could rap- Free Trade Agreement. Now, this prediction was not made idly degrade into a catastrophic civil war. I It just amazes me, Mr. Speaker, that before September 11, upon which he respectfully urge you to move immediately President Bush continues the same to get humanitarian aid and military assist- blames much of the economic stum- ance to the people of Haiti, in order to help very much failed economic policies bling, economic recession in some bring about some safety and stability. that he has promoted in this country places, depression in others in this I understand that you may feel there is no for the last 3 years. country. This was a prediction made 2 ‘‘enthusiasm’’ at present for sending U.S. The Bush economic policies basically years ago. troops or police to Haiti to help quell the vi- are twofold: continued tax cuts for peo- The President said by 2003 there olence. However, I believe that the political ple who need it least, for the most would be 3.4 million more jobs in this will to address the problem is rising. We wealthy people in our society. Roughly Members of the Congressional Black Caucus country than there were when he took have long-been supporters of an active role half the tax cuts have gone to the office. You know what? We have actu- for the United States in providing needed as- wealthiest 1 percent of people in this ally seen a loss of 1.7 million jobs; 1.7 sistance to Haiti. Many other Members of country as we continue to run up huge million fewer jobs today than when the House and Senate have expressed a will- budget deficits. That is one part of the President Bush took office. ingness to support possible peace-making President’s economic recovery program That is some kind of a record. There and peace-keeping activities, to prevent a which has led us to a jobless recovery, has not been a President of the United full-scale civil war so close to our border, or, more precisely, Mr. Speaker, a job- States for 7 decades that has actually and to head off the large exodus of refugees to our shores that it might precipitate. loss recovery. One aspect is tax cuts for seen a net loss of jobs during his presi- Furthermore, there seems to be a feeling in the wealthiest of Americans as part of dency. Herbert Hoover was the last the international community and in Haiti his policy for economic recovery. one, and Herbert Hoover obviously paid itself, that some foreign intervention may The other part is to continue to pass a political price at the next election; now be necessary in Haiti. I hope that you trade agreements which have, frankly, and, more importantly, Herbert Hoover will work with our allies and the United Na- shipped jobs overseas. That is why he is paid a historical price in that he be- tions to craft a resolution to this crisis. I am asking Congress, because he believes confident that you will exercise your excel- came the President that perhaps man- lent diplomatic skills to craft a political ap- these trade agreements for some reason aged the economy worse than any proach to promoting long-term democracy in seem to be helping; but it is pretty President in the last century, until Haiti. However, please also consider that it clear we have lost lots and lots of man- this President, who is kind of com- may be necessary to use more forceful means ufacturing jobs, to China, Mexico, peting for the same kinds of records. in the shortrun to prevent a humanitarian south of the border, across the ocean, The President also predicted a couple disaster. to countries all over the world. of years ago the budget deficit would Please let me know if you would like to Mr. Speaker, in my State of Ohio, be down to $14 billion. Well, it turns discuss this matter or if I can be of further service. one out of six manufacturing jobs has out that the budget deficit is $521 bil- Sincerely yours, simply disappeared since President lion. So he predicted, way after Sep- SHEILA JACKSON-LEE, Bush took office. That means that tens tember 11, a couple of years ago, he Member of Congress. of thousands of Ohioans are out of predicted a 3.4 million jobs increase

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.067 H24PT1 H544 CONGRESSIONAL RECORD — HOUSE February 24, 2004 and a budget deficit of $14 billion. He every $1 billion in trade, we lose or fidence of the President, we have to got a 1.7 million job loss and a budget gain 18,000 jobs. So, in other words, if give him some credit, because he is dis- deficit of $521 billion. you have a $1 billion trade surplus, it tressingly honest. In this book on page Again, The Washington Post, not ex- means you are making a lot of things, 229, he talks about the fact that one of actly a liberal newspaper, a paper that selling them overseas, for every $1 bil- the great benefits of trade is that when supported President Bush on most of lion in sales hiring about 18,000 Amer- a good or service is produced more his initiatives, the headline in The ican workers. If you have a trade def- cheaply abroad, it makes more sense to Post, ‘‘Bush assertion on tax cuts is at icit, as we have, you see it go the other import it than to make or provide it odds with IRS data.’’ President Bush way. domestically. Of course he does not runs the IRS; and still his statistics, So we now have a trade deficit with deal with the fact that Chinese labor is even according to them, are inac- China of over $100 billion, a trade def- oppressed and abused, that they have curate. icit overall around the world of some no protections in their workplace. Ba- Now, we talked earlier about the tax $400 billion. All you have to do is do sically if someone gets their arm torn cuts being the mantra. Whenever there the math to see the kind of job loss off operating a machine in China, they are economic problems or whenever that brings to our country. drag him away from the machine and there are jobs lost, the President de- So the answer from President Bush is put a new worker there, and then, after cides to cut taxes. Well, he also talks more tax cuts for the richest people in that, they might tend to some basic about trade agreements. Let me talk our country and more trade agree- first aid before they send that person for a moment, and then my friend, the ments that hemorrhage jobs, that ship home or to the graveyard, but there gentleman from Oregon (Mr. DEFAZIO), more jobs overseas? It simply does not are no benefits or significant health is also here and will join us and talk add up. care provided. So they are recom- about some of these issues also. In a moment I will yield to the gen- mending that the U.S. workers should The President has said that he is tleman from Oregon (Mr. DEFAZIO). In somehow have to compete with this. going to bring the Central American a moment I will give some more details Now, it would be one thing if this was Free Trade Agreement to this Con- about what the Central American Free sort of a self-generated thing on the gress. If there is anything obvious to Trade Agreement actually does to our part of China or Mexico or any one of the American people, steelworkers in Nation, to our economy, and especially these other countries that are stealing Ohio, lumber workers in Oregon where to manufacturing in my part of the our jobs. But guess what? It is being the gentleman from Oregon (Mr. country, where we are seeing these jobs done with U.S. capital which are being DEFAZIO) is, paper mill workers, auto shipped overseas every day, plant clos- subsidized with our tax cuts. Not only workers in my State, rubber workers in ings, layoffs, threats of more plant are we borrowing money from the So- my State, tool and die makers in my closings, threats by management to cial Security Trust Fund to give to the State, if there is something obvious to move overseas, so that workers see wealthiest of Americans in tax cuts, we all of them, it is they believe an awful their wages stagnate or even go down are also borrowing money, given our lot of their jobs have been lost over- with give-backs, all that happens with deficit situation, to subsidize the larg- seas, because we have seen this kind of these trade policies; yet President est corporations in the world through hemorrhaging of jobs, shipping of jobs Bush says we have got to do more of OPIC, the Overseas Private Investment overseas. them because, frankly, I think that Council, and others, to export Amer- This week I was at a plant, Ohio helps his investor friends, his major ican jobs. Screw Products, in Elyria, Ohio, in my campaign contributors, the people who Now, I mean, I think that is one district, with Dan Imbrogno, who runs seem to have the most influence in this place where conservatives, who are this company. They have about 70 full- administration on economic policy. against government subsidies, and pro- time and a handful of temporary work- gressives, who are against undermining ers who punch out bolts and make b 2115 the U.S. economy and the wage and products to be components in other Not working families, union or non- labor standards of Americans and our products of all kinds, including some union; not small businesses that are standard of living as a whole and our defense work. struggling, but the people that have industrial infrastructure, have some But mostly he has seen a threat of the influence in this administration; grounds for agreement. Let us at least jobs going to China, a threat of jobs not Ohio Screw Products in O’Leary, repeal the taxpayer subsidies, the bor- going to Mexico, a threat of jobs going Ohio, but are the large companies that rowed money that is subsidizing these further south across the southern bor- gain from the trade agreements, they corporations to export jobs overseas. der in this country; and he just shakes gain profits as they shed workers in But again, Mr. Mankiw, the Presi- his head, as do the workers who I met this country. Those are the only people dent’s chief economic adviser, in his of- with at this company over lunch on that benefit. It is President Bush and ficial report to the American people one other visit a few months ago, just his campaign kitty and those compa- this year, the economic report of the shake their heads over American trade nies, those executives and those inves- President, he says, shipping jobs to policy. Why do we keep passing it? Why tors that shift jobs overseas and pad low-cost countries is the latest mani- do we want to extend NAFTA, clearly a their pockets and make bigger profits festation of the gains from trade that broken trade agreement, to the rest of and get bigger bonuses. economists have talked about for cen- Latin America? It is not working in I yield to my friend, the gentleman turies. Mexico. Why should we double it in size from Oregon, who is holding one of his Now, we have to wonder what that and population and quadruple it in favorite books there that can tell more gain is, how illusory it is, when the terms of the number of low-income than I know. American middle class is being dev- workers? Mr. DEFAZIO. Mr. Speaker, I thank astated by these exports. A few years When we passed NAFTA in this body, the gentleman for yielding. This is a ago when the gentleman from Ohio the gentleman from Oregon (Mr. must read for every American who is (Mr. BROWN) and I opposed NAFTA, DEFAZIO) and I both opposed it in 1993. concerned about the future of our they said, oh, you Congressmen, you When we passed that legislation, that country, whether we will continue to are like dinosaurs. You want to protect agreement, we had a trade surplus with be the leading industrial power in the those old, inefficient manufacturing Mexico. Today our trade deficit with world, whether there will be a future jobs. Do not worry, it will just be the Mexico is $25 billion. for Social Security, what will the rules low-skilled jobs that go to Mexico. Now, President Bush’s father, who of trade be and what are the objectives. Well, of course, that was a lie, and presided over a similar kind of eco- This is the economic report of the what we found out was that most of the nomic decline, although this one is sig- President. major U.S. auto manufacturers were nificantly worse than his father’s, but Now, we have to give the President’s willing to invest in state-of-the-art President Bush, Sr., said for every $1 Chair of his Board of Economic Advi- plants in Mexico to access that cheap billion in trade, because trade entails sors, Council of Economic Advisors ap- labor, and then reimport those vehicles usually manufacturing of goods, for pointed by the President, full con- into the U.S. And guess what? The

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.069 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H545 price did not go down for U.S. con- and other things overseas, is $1.5 bil- nese take that $100 billion and are be- sumers, but many U.S. families, those lion a day. Mr. Speaker, $1.5 thousand ginning to buy up a lot of scrap steel in who used to be able to buy the product million a day. the United States, driving up prices of because they worked in the factories, Now, how is that sustainable? That is steel, of scrap for U.S. manufacturers, could not afford to buy that product $1 million per minute of U.S. wealth making it harder for them to compete. anymore. that is flooding overseas, giving unbe- They are also buying energy compa- But then as things evolved, and the lievable leverage to foreign govern- nies in the United States, again driving trade deficit began to accelerate over ments over the U.S. dollar. up the cost of natural gas for American this last decade; when I introduced leg- Just one last point on this, and then manufacturers and putting them more islation to establish the U.S. Trade I am certain we will get on to other and more behind the eightball. Deficit Review Commission in 1997, the things. What do the economists say? And, as the gentleman from Oregon trade deficit was $111 billion. It is al- Oh, do not worry, it has always been said, when the worm turns, as econo- most quaint today. We are talking this way. What will happen is the U.S. mists like to say in their ivory and about $500 billion. We are going to bor- dollar will decline, our goods will be- their traditional economic theory, row a half a trillion dollars to finance come cheaper, and then we will begin when the worm turns, and our trade the purchase of goods overseas by exporting again. But as I said to a deficit gets so overwhelming that even- Americans. We are going to borrow an- number of these economists, none of tually the value of the dollar drops, we other $700 billion to run the Govern- whom can answer this question, I said, begin to produce more to sell to them, ment of the United States and to give I understand how that used to work our factories are hollowed out. Our fac- tax cuts to the wealthiest of Ameri- when we made things, but when we do tories are not manufacturing things, cans. And a substantial amount of this not make things anymore, how does because so many of them are closed. money, almost all of the $500 billion that work? If the dollar gets cheaper, They are not going to be able to retool and 40 percent of the $700 billion, is then all of those imported goods we are just because all of a sudden prices are going to come from overseas. We are buying become more expensive. We will a bit higher. giving unbelievable leverage to those see inflation in the United States. We But what is disturbing about the eco- bastions of democracy like China, who will see the dollar continue to drop. We nomic report that the gentleman men- is now the largest holder of U.S. debt, will see higher interest rates in the tioned, and then I want to yield to the and others who may not have the best United States. We will see the dollar gentleman from Ohio (Mr. STRICK- interests of the American workers or continue to drop. LAND), who absolutely gets it on these our economy in mind. But in any case, We are headed toward an incredible job issues, partly because we live in a Mr. Mankiw thinks this is just fine. economic train wreck here. And the State where we have seen our economy Now, the President has tried to back chief engineer, George Bush, who devastated by these Bush economic away from this a little bit. He did that signed this report, thinks it is just policies, but what is disturbing about famous press event in front of a bunch fine. Because guess what? A few tens of the economic report that Mr. Mankiw of boxes which they had to repaint. Ac- thousands of people, CEOs, his buddies, put out, the President’s chief economic tually they said, oh, it was just an his principal campaign contributors, adviser, and that President Bush overzealous intern from the White they are all going to make out like signed, is that they really see nothing House at one of his unbelievable staged bandits. The profits are up. Wall wrong with the direction we are going. press events that cost an average of Street’s profits are up. We are just hav- So what, we have a huge trade deficit. $400,000 each paid for by the American ing this little problem called a jobless So what, we have a huge budget deficit. taxpayers, of course; the boxes, when recovery; jobless because those jobs Let us keep doing tax cuts that over- he went to this one particular plant, have been exported. The means of the whelmingly go to the most privileged; all said ‘‘Made in China’’ on them, but production has been exported. The in- let us keep doing trade agreements he wanted to talk about American jobs; dustrial might of this country has been that ship jobs overseas, in large part a little embarrassing. So this, of exported. And I would say to the hawks because profits right now are up for course, intern, with no direction from on that side of the aisle, in fact, you major corporations. So if the compa- the political staff at the White House are exporting the capability of defend- nies are making money, as the Sec- or anybody else, somehow came up ing the United States in the future retary of Labor Elaine Chao said, if the with all new labels to run through and against adversaries around the world. stock market is going up, then there is label them all ‘‘Made in the U.S.,’’ of With that, I am happy to yield back really nothing wrong. course another lie. to the gentleman for a little further What is wrong, as Mr. Mankiw said, So what they are doing, Mr. Mankiw discourse on this. outsourcing is a good thing when blue- is an unbelievably honest man, because Mr. BROWN of Ohio. Mr. Speaker, I collar jobs; white-collar jobs, phone op- he admits that they are exporting jobs, thank the gentleman. We think about erators, computer engineers, computer and they think that is good because it this. He mentioned when he introduced programmers, when those jobs go over- makes a few people rich and just im- his idea to better monitor and study seas, I think there is something wrong poverishes a majority of the people in and pay attention to, if you will, focus, with that, and it is mostly because this country, and deprives them of on the trade deficit, how it has gone up George Bush and Mr. Mankiw have their livelihoods, and undermines the since 1997. The trade deficit for the en- never looked an Akron rubber worker industrial and economic might of our tire year of 1992 was smaller than the in the eyes, or never looked a paper country; but the President is trying to trade deficit, or was about equivalent worker in Oregon in the eye, or never pretend that he does not really believe in 1992 to the trade deficit for 1 month looked a Silicon Valley in California, a in this stuff, but I guess why is his sig- last month. We had a trade deficit of computer programmer in the eye and nature on page 4 if he does not really about $40 billion a dozen years ago. We say, yes, outsourcing is a good thing. believe in it? There it is, the Presi- have a trade deficit in excess of $40 bil- Sorry about your job. Maybe you can dent’s signature on this report, basi- lion a month now. I mean, that is what get a job at Wal-Mart, or maybe you cally endorsing these policies. that means. can get a job at McDonald’s. We cannot continue this way. Do we But more importantly, as the gen- Speaking of McDonald’s, and then I know what that means? Let us break it tleman from Oregon pointed out, what will yield to my friend, the gentleman down a little bit, and then I will yield that really means is that we are con- from Ohio (Mr. STRICKLAND), in this back to the gentleman. Our current tinuing to get further and further in economic report, something the media trade deficit, that is the amount of debt as a Nation to foreign investors, have not paid much attention to, and money we are borrowing from overseas to investors in other countries. That that is these economists, and these are to finance the purchase of goods, many means that the Chinese, with their $100 not exactly people who know a lot of of those goods manufactured by for- billion a year in U.S. currency, the people who work in America’s fac- merly U.S.-based corporations that trade surplus they have with our coun- tories, but these economists are having have now seen fit to chase cheap labor try, the fact that they sell us so much a debate inside the Bush administra- and lack of environmental standards more than we buy from them, the Chi- tion on how to classify manufacturing.

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.070 H24PT1 H546 CONGRESSIONAL RECORD — HOUSE February 24, 2004 Now, we have lost one out of six jobs in This is not really funny. It is kind of and as my colleague said, it has got his manufacturing in Ohio. We have lost depressing that they would think that name on it. So he is responsible for this literally well over 2 million jobs na- this is what we are going to, in the new charade. tionally in manufacturing, and they era, the new Bush era, the new 21st I would like to read just one sentence are trying to figure out how to define century, that this is what we are going from page 25, and I hope unemployed manufacturing. to call manufacturing; that these steelworkers along the Ohio River, I Well, they are debating whether or workers in O’Leary, Ohio, who have hope those who work in the pottery not to define the fast food restaurant been in traditional manufacturing and ceramic plants along the Ohio industry as a service job or a manufac- making $12, $14, $16 an hour, with de- River, on the Ohio and West Virginia turing job, because, you know, if you cent health benefits, with a decent re- side of that great river, I hope they un- work in McDonald’s, it is not just like tirement, that they will lose their jobs derstand what this means: ‘‘When a somebody comes up and orders, and in manufacturing, they will get an- good or a service is produced at lower you take it off the shelf and give it to other job in manufacturing, working at cost in another country, it makes sense them. I am not making this up, it McDonald’s for $7 an hour with no ben- to import it rather than to produce it sounds like it, but it is in the Bush ad- efits, with no health care and no retire- domestically.’’ ministration’s book, you have to man- ment. Let me say that nearly everything ufacture these hamburgers. You have Mr. DEFAZIO. Mr. Speaker, if the we make in this country can be pro- to take the bun, you got to unwrap it, gentleman would yield, do not forget duced in another country at a lower so you take the wrapping off, you take the farmers and ranchers. I had some cost. I was in Mexico about 2 months it out of the box, unwrap it, put the cattlemen come to my town hall last ago. I talked to a woman who works for bun down; then you have to take the week who say, hey, we are next. Not an American company. She works 91⁄2 hamburger, and you have to chemically only was Canada a huge threat to our hours a day, 5 days a week. She showed change the hamburger, it is a chemical industry and not only are they bring- me her weekly check, $38. Nearly every process called cooking, put the ham- ing in stuff that might kill the Amer- job in this country can be produced for burger on the grill, and put it on the ican people with mad cow disease, but less cost somewhere else; and the bun after it is cooked. Then you have the so-called free trade agreement with President’s report says, ‘‘If a good or to get the cheese, and you might have Australia, Argentina, other target service is produced at lower cost in an- to chemically alter the cheese because countries in CAFTA, that is going to other country, it makes sense to im- you have to melt the cheese. You put kill off the U.S. agriculture people. So port it rather than to produce it do- the cheese on the hamburger, and then we will import the beef that will be mestically.’’ Apparently, they are will- you add a couple of things. You add a probably ground up overseas because ing to give up the entire employment slice of tomato, so that is an extra ele- that is value added, but then when the base of this country, anything to get it ment in the manufacturing. You put frozen patties get here, we will still a little cheaper. It is a race to the bot- the tomato on, unwrap the lettuce, manufacture them into a finished de- tom. It absolutely is a race to the bot- peel the lettuce off the head, so that vice which is, i.e., a Big Mac or a tom. may be another manufacturing part. Whopper, we do not want to short- I would hope the President would This is pretty complex; almost like change Burger King here and/or what- publicly renounce this report, disasso- making a Ford in Ohio or manufac- ever you want to call it, and somehow ciate himself from it, take his name off turing steel or making tires in Akron, we will prosper as a Nation by doing it. This is a report that is based on the Ohio, used to be. this. theory of comparative advantage. If Mr. DEFAZIO. Mr. Speaker, if the I thank the gentleman. you can do it for less cost somewhere gentleman will yield, people are going Mr. BROWN of Ohio. Mr. Speaker, else, that is where we ought to do it. to think we are making this up. I am the point is that the Bush administra- Where does it stop? not making this up. But let us go to tion, the Bush’s chief economic ad- Mr. DEFAZIO. Mr. Speaker, the gen- the source. Economic Report of the viser, Gregory Mankiw, with the Presi- tleman is making an excellent point; President, signed on page 4 by Presi- dent’s signature on this economic pol- but of course, they are following ex- dent George Bush and endorsed by all icy, does not see anything wrong with actly the same rules, are they not? Do of his economic advisers, and it says the direction they want to take this we not have a level playing field? Are right here: ‘‘When a fast food res- country’s manufacturing: huge num- they not required to provide health and taurant,’’ this is page 73, chapter 2, bers of loss of jobs, reclassifying, un- safety, environmental protections, halfway down the page, ‘‘When a fast derpaid service jobs with no benefits as child labor protections? Are we not food restaurant sells a hamburger, for manufacturing for political purposes, competing on a level playing field example, is it providing a service, or is here? it combining inputs to manufacture a making excuses, justifying this all in Mr. BROWN of Ohio. The answer to product?’’ Well, we can erase that very the name of this global economy that that is pretty obvious; but what is in- embarrassing manufacturing job loss helps wealthy investors, i.e., helps teresting, I remember standing on this that George Bush has provided, the Bush contributors but hurts workers in floor 10 years ago with David Bonior, largest manufacturing job loss in the the U.S., hurts farmers in the U.S., who was the real leader on these trade history of the United States, worse hurts ranchers in the U.S., hurts work- issues in Congress years ago, and they than the Great Depression, we can ers in the developing world but helps promised in those days with NAFTA erase that in one fell swoop. All we the wealthy of both countries. It sim- that only the good-paying jobs would have to do is turn to page 73 and say, ply does not make sense. stay and these low-end, low-wage jobs well, of course, as the President’s chief I yield to my friend, the gentleman economic adviser says, that is manu- from Ohio (Mr. STRICKLAND), who has would go overseas; and over time in facturing a product. That is not a serv- been a real leader in trying to do the Mexico they would begin to have ice. right things to restore Ohio’s and stronger environmental laws, over time America’s industrial base. they would make higher wages, over b 2130 Mr. STRICKLAND. Mr. Speaker, I time they would have good labor law, Mr. BROWN of Ohio. Mr. Speaker, re- just want to say to my friends that worker safety, all of that. claiming my time, that means if you what they are describing here is almost But as the gentleman from Oregon’s live in O’Leary, Ohio, and you have humorous, talking about the putting (Mr. DEFAZIO) questions intimate, ob- worked in what we used to call in this together of a hamburger as being a viously these countries are not moving country traditional manufacturing, not manufacturing activity, but it is seri- in that direction. In fact, we are seeing ‘‘Mc manufacturing’’ is, I guess, the ous because it represents deception. It our country move in their direction. fast-food restaurant category. I guess represents an effort, quite frankly, to Our country move in their direction in there will be two categories of manu- mislead the American people; and I terms of there are significantly fewer facturing, traditional manufacturing hope they are listening tonight because pension systems in this country, good and ‘‘Mc’’ manufacturing. It will be M- this information is coming from the pensions for workers than there were 10 c, with the arches, manufacturing. ‘‘Economic Report of the President’’; years ago, and particularly fewer than

VerDate jul 14 2003 03:31 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.072 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H547 there were in 1973 when this trade de- bill written by the chemical companies are going to be a major beneficiary. bacle really started in this country. or the energy companies. Issue after The State of Oregon on the Pacific That was really a key year in terms of issue after issue. Rim, strategically perched just north turning the way we did trade. What we have really seen happen of Mexico and south of Canada, your We have seen our pension system at- from the gentleman from Ohio’s (Mr. State, your people are going to be a big rophy. We have seen wages stagnate in STRICKLAND) suggestion, what we have winner, but it turns out that we are most of these 30 years. We have seen seen is as we pass trade agreements one of the top 10 losers under NAFTA. environmental laws and States played like this, making it harder for us to As the gentleman alluded earlier, off against States, and the Federal compete with Chinese workers, with lumber and wood products are suffering Government played off against the Mexico, with Costa Rica, with El Sal- because of subsidized Canadian lumber Mexican Government to weaken all vador, one of the things that happens is and wood products. The paper industry these standards. Food safety laws are we have seen a stagnation of U.S. is seeing paper flee overseas to coun- not as enforced, and clearly our food wages and a weakening of food safety, tries that do not observe any environ- supply is not as safe as it would be if environmental standards, and worker mental practices or controls, and then these trade agreements would actually safety standards. a number of other more high-tech in- raise their standards. We also see in this body many of my dustries have gone elsewhere. Republican friends, particularly Re- Instead of passing a trade agreement I sat next to a fellow who worked for publican leadership, are trying to pass with Latin America to raise up their Hewlett-Packard on the plane flying legislation with the President to cut living standard, to raise their wages, to home a week ago, Hewlett-Packard in overtime in the U.S., to cut comp time raise their workplace safety condi- Corvallis. I said, what do you do? He opportunity in the U.S., to weaken en- tions, to raise their food safety stand- said, I work in the ink jet division. I do vironmental standards in the U.S., to ards, to raise environmental standards, engineering, design, and development. I weaken food safety standards in the we are seeing pressure on our govern- said, God, that is really great. I am U.S. So what they are doing inter- ment to bring those standards down so glad to see you are still working there. nationally is in a lot of ways what they that we can compete with these coun- I was worried about those jobs. He said, are doing domestically. It really does tries. We should compete with them. well, no, actually, he said, my entire not cause George Bush or Gregory They should compete with us, but let division was exported to Bangalore, Mankiw, as chief economic adviser, to us raise living standards so ultimately India, last year. I am just working on a lose a lot of sleep that U.S. wages are they can buy our products, have a safer special project here in the United stagnant, does not cause them to lose a environment, have better food safety, States, but my division is gone. The lot of sleep if there is a downward pres- have better worker safety and all that. next design development, the next ink I yield to the gentleman from Ohio sure, a pulling down of environmental jet technology is going to come from (Mr. STRICKLAND). and worker safety standards, because Bangalore, India. He said they can get Mr. STRICKLAND. Mr. Speaker, to- that is what they are doing domesti- an engineer there for 8 to $10,000 bucks morrow morning Ohio’s Governor Taft cally. a year. is going to be here in the capital city So when Mr. Mankiw says they can meeting with those of us who are Rep- do it cheaper in other countries, that Are we telling Americans they should resentatives from the State of Ohio. means they have got comparative ad- go to college for 4 years, incur $50,000 The State of Ohio has been dev- vantage, so send them overseas. The of debt to get a degree in engineering astated, absolutely devastated and es- only way that we are going to compete technology or whatever it is going to pecially my district that stretches all in this Bush new world is to weaken cost them to do it, and then they are along the Ohio River, some 330 miles. I our environmental standards, which is going to work for $8,000 a year, raise a have perhaps the poorest, the oldest, what they are trying to do anyway; to family, buy a home and all the other and the sickest district in Ohio. I have cut overtime, which is what they are things that are a part of the American got lots of veterans. I have got lots of trying to do anyway; to end comp time, Dream? These people are killing the unemployed steelworkers. And what which is what they are trying to do American Dream. That is what they does the President say to them? How anyway; to roll back food safety, envi- are doing. can the President come to Ohio and ronment worker safety, wages, all of There are a few people who are going own this statement, ‘‘When a good or that. That is exactly what they are to profit from it, and those are the peo- service is produced at lower cost in an- doing domestically. ple that support them; and they are so other country it makes sense to import It is what these trade agreements insulated from it some of them do not it’’? What does that mean? will do internationally. And who bene- even realize what they are doing to de- We all have constituents and we are fits? It is not the workers in Mexico. stroy our country. all concerned about our constituents. I We have no axe to grind with them. It One other point. Sometimes that is am a little parochial in my concern I is not the slave laborers in China or not even enough to say to an Amer- guess because I have got a lot of con- the workers in awful conditions that ican, 4-year, 6-year degree, you are stituents who do not have jobs, who are not slave labor in China, but the going to compete with some guy or have lost jobs. As a result, they have exploited generally, I was going to say woman from Indian who worked for lost health care. They have lost nearly young women, but really girls because $8,000. Sometimes it is not enought. everything they have worked their en- they are not old enough to be women You know what we also do? We are sub- tire lives for, and we have an adminis- yet. We have no quarrel with them. sidizing, the American taxpayers, tration that is encouraging the They are hurt by these trade agree- through our taxes, are subsidizing the outsourcing of jobs to other countries. ments just like American workers are export of these jobs. Here is a short It buffaloes me. I do not understand hurt; but the investors who fund the list: what kind of thinking goes into a docu- Bush campaign and the chemical com- Motorola laid off 42,900 workers while ment like this that is called the ‘‘Eco- panies, the drug companies, the insur- investing $3.4 billion in China with a nomic Report of the President.’’ ance companies, they get their legisla- $190 million taxpayers subsidy. Mr. BROWN of Ohio. Mr. Speaker, re- tion through. They love these trade claiming my time, think about this: we agreements because it means more b 2145 have a President who is always at the profits and it means more bonuses for beck and call of his corporate contribu- these executives. In General Electric, 260,000 U.S. tors. When it comes time to pass a I yield to the gentleman from Oregon workers, while investing $1.5 billion in Medicare bill, it is written by the in- (Mr. DEFAZIO). China, $2.5 billion in corporate sub- surance and the drug companies. When Mr. DEFAZIO. Mr. Speaker, I come sidies paid for by U.S. taxpayers. Insult it comes time to pass Social Security from a State that back when we were to injury. Steal their jobs, destroy the privatization, it is written by Wall fighting NAFTA, I was pretty lonely up economic future of our country, our Street. When it comes to pass an envi- there in the Pacific Northwest, and we kids and our grandkids, and charge us ronmental law, the President gives us a were told, what is wrong with you, you to do it. That is what they are doing to

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.073 H24PT1 H548 CONGRESSIONAL RECORD — HOUSE February 24, 2004 average wage-earning Americans, be- are going to lose the middle class, and We then visited nearby an auto plant. cause most of this is coming out of So- we are going to lose the ability to con- These workers at this GE plant in this cial Security wages, out of payroll tinue to support the infrastructure home were making about $45 a week taxes. that makes us uniquely American. and working about 60 hours a week. Mr. BROWN of Ohio. Mr. Speaker, I Mr. BROWN of Ohio. Mr. Speaker, I But we went to this auto plant, and would now yield to the gentleman from thank my friend for those comments. this auto plant in Reynoso, Mexico, 3 Ohio (Mr. STRICKLAND). What is disturbing to me is that in miles from the United States of Amer- Mr. STRICKLAND. Mr. Speaker, I this economic report, as the gentleman ica, looked just like an auto plant in thank the gentleman from Ohio for from Oregon (Mr. DEFAZIO) said, on the United States, just like a GM plant yielding once again to me. page 4, signed by President Bush, this in Lordstown, near my colleague’s dis- I said a little earlier that I feel kind economic report put out by the Presi- trict, or a Ford plant in Avon Lake or of parochial in these concerns because dent just this month says that there is Lorain. It was modern. In fact, it was each of us represents, I do not know, nothing wrong with the way the global newer than the auto plants in our 630,000 or so men, women and children. economy is operating. He said State mostly. It was modern, it was I represent people who are desperate outsourcing is a good thing. clean, it was the latest technology, and Mr. Mankiw actually said, as we are for jobs. Now, in a little town that my the workers were productive and hard- seeing some of the most highly-skilled colleague represents that I think he is working. American workers, radiologists, for ex- familiar with, Salem, Ohio, there is a There was one difference between the ample, seeing their jobs threatened, company, the Elger Company. They Mexican auto plant and an American Mr. Mankiw says an MRI or an X-ray make bathroom sinks and wash basins auto plant. That difference was there will be taken that will be e-mailed to and so on. They decided a few months was no parking lot in the Mexican auto perhaps Bangalore, perhaps somewhere ago that they would go to China. That plant because the workers do not make else, and read by a physician there who means that there are going to be lots of enough to buy the cars that they make. families without a job. makes some minute percent of what- You can go halfway around the world A short time ago, although the com- ever the physician makes here, and to Malaysia to a Motorola plant, and then it comes back, because those radi- pany has not really closed the oper- you will see the workers do not make ologists are not in as much demand ation in Salem yet, that is going to enough to buy the cell phones they today as they once were. He said, well, happen this spring, I got a call from make. You can come back to this hemi- it is a question of comparative advan- one of the employees there, and they sphere and go to Haiti and see that the tage. Perhaps we just need to quit had just gotten a shipment of goods workers do not make it, to a Disney training so many radiologists. They back from China, and they opened up plant, and the workers do not make cannot compete. We need to maybe the crates, and guess what they had enough to buy the toys for their chil- train more general surgeons or more stamped on the sides of those sinks and dren they make. You can go back family practice doctors. so on? ‘‘Made in the USA.’’ The mold Let me do a little tour around the around the world to China and go to a had not been changed, so they were world to show what the gentleman Nike plant and see the workers do not forced to grind off the ‘‘Made in the from Oregon said about how there sim- make enough to buy the shoes which USA’’ label. That is just an example. ply are not going to be enough people they make. I guess in China they can make a to buy these goods. If a Nike worker in Now, the lesson is this continued bathtub or a wash basin or a toilet for Oregon loses his job to a Nike worker downhill slide with globalization. If we less cost than we can do it in Salem, in China, there is one less consumer to pass a Central America Free Trade Ohio, where these workers got living- buy cars; one less consumer to buy Agreement, if Congress passes the Free wage jobs, paid taxes, supported their clothes, because the Nike worker in Trade Area of the Americas, if Con- schools, gave to their churches, and China is not making much to buy any- gress continues the tax cuts for the cared for their children. They were thing. wealthy and continues to allow the good, solid, living-wage American jobs. Let me tell a quick story. About 5 drug companies and the insurance com- But they can do it for less cost in years ago, when Congress was consid- panies to sit in the Oval Office, with a China, so this administration says, oh, ering the fast track legislation to in Vice President who is still on the Halli- that is where it should be done then. those days lay the groundwork to ex- burton payroll, I might add, at $3,000 a So every worker at the Elger plant in tend NAFTA to Latin America, which week, allows them to continue to write Salem, Ohio, should know, and the President Bush is trying to foist on us, this legislation, we are going to have a community that depends upon those I, at my own expense, flew to McAllen, country like Brazil, with a very jobs should know, that this administra- Texas, rented a car with a couple of wealthy group at the top and a bunch tion believes that is the right thing to friends, drove across the border and of people at the bottom that are not do. As the President’s report says, if it went to Reynoso, Mexico. I went to a making enough money to buy the shoes can be done more cheaply somewhere worker’s home who worked at General and to buy the toys for their kids, and else, that is where it should be done. Electric Mexico, one of the largest em- to buy the cars, and to buy the cell If a cheap product is a cheap product ployers in Mexico. The home of these phones. or a reduced cost to the consumer is workers were about 20 feet by 30 feet. If that is the society we want, then I the ultimate good, then maybe what They lived in a one-room shack: dirt guess maybe this report says let us we are doing is the right thing. But if floor, no running water, no electricity. keep doing it. But if it is not the soci- we believe that in this country people When it rained hard, the dirt floor ety we want, then we need to say no to and the communities in which they turned to mud. When you walked be- the Central American Free Trade live should have living-wage jobs which hind the shack, you saw a ditch of Agreement, and we need to say no to enable the workers to pay taxes, to human and industrial waste. Who this economic policy that has caused support their schools, to contribute knows what it was. Children were play- some of the highest unemployment their taxes to the State and to local ing nearby, as children will. The Amer- rates in the country, in Oregon, and government, to be a fully functioning ican Medical Association said that area has devastated eastern Ohio and north- taxpayer. along the border is perhaps the most east Ohio where I live and damn near Mr. DEFAZIO. To buy the products. toxic area in the Western Hemisphere. the rest of the State. We need to say no Mr. STRICKLAND. And to buy the Now, as you walked through this to that. product, absolutely. If what we want is neighborhood of these shacks, you Mr. DEFAZIO. Mr. Speaker, if the a cheaper pair of blue jeans from Wal- could tell where the workers worked gentleman will yield, when I lay this Mart, then maybe we are headed down because their homes were constructed out to my constituents, they say, well, the right road. But if we want a secure out of packing material, boxes, wood certainly the CEOs and others could country, with stable families and se- platforms, crates, whatever, of the not support that; they would not want cure communities, we had better company for which they worked or the to live in those communities or under change our way, because we are going supplier for the company for which those conditions or see those things to lose the American way of life. We they worked. happen. Well, the fact is today’s CEOs,

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.076 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H549 where there is still a manufacturing before, the key to our Nation’s success b 2200 job, earns 500 times what a worker is that workers share in the wealth President Bush at the same time said earns. It is only a couple of decades they create. They are able to do that we will have a budget deficit of only $14 since the ratio was only 20. They do not because we have a democracy. They are billion. In fact, the budget deficit is live in the same communities. They do able to do that because we have a rel- $521 billion. We see these kinds of not live in the same world. They live atively strong labor union movement. promises, and we will see them again. on a different planet. They are able to do that because of mo- We see it in the new economic report. They live behind gates in their man- bility of labor, and a whole bunch of They promise 2.6 million jobs this year sions with their servants. Now there reasons in a free society here. alone. Now they are backing off that. will be a lot more servants out there When workers are more productive, That is 200,000 jobs a month, and we are for them, and probably the cost of serv- as they are in the United States, as creating no jobs per month and we are ants will go down, so this will be a they increasingly get more productive, still losing manufacturing jobs. They great benefit to them. Of course, under that means their wages should go up. simply have not lived up to any of Bush we can import those, too, or They have not in large part because of their promises. The only promise they maybe Americans can work for those the downward pull of these trade agree- live up to is a promise to their cor- low wages. Their kids go to private ments. In Mexico, for instance, and I porate contributors that they will con- schools, so they are not worried about remember David Bonior, the former tinue to do them favors, they will con- what the gentleman from Ohio was tinue to enrich them with their tax talking about, the support for our soci- Democratic whip, talking about this a policy, and with the new laws they etal infrastructure, schools and those dozen years ago, as productivity went sorts of things. up in Mexico, wages did not go up with make on the Medicare bill and the So- They do not really need the police. I them because they had a government cial Security bill and the environ- guess we have not gone back to private that was authoritarian by and large, mental bills and the energy bills. for-profit fire departments yet, that is because they did not have free trade Mr. Speaker, I yield to the gentleman probably not far away, but they have unions. They had government-con- from Ohio (Mr. STRICKLAND). Mr. STRICKLAND. Mr. Speaker, I private security so that we do not find trolled, business-controlled trade thank the gentleman from Ohio (Mr. a lot of support from them for police unions. BROWN). The gentleman made reference infrastructure or first responders, par- So do we want a country like that? to our former colleague, David Bonior. ticularly not with the administration Do we want a country where the work- I remember when NAFTA was passed cutting their budgets under the home- ers share in the wealth they produce, land security proposal. or do we want a country like a bunch some 10 years ago; and David Bonior And then when they want to go some- of Wal-Marts, where the workers barely stood on this floor, as did others, and where, they go to the private country get minimum wage in many cases, told us the truth. The other side told club in their chauffeur-driven lim- rarely have health benefits, and often us what we now know are falsehoods. ousines. Or if they go further away, have to work off the clock while the They told us if we pass NAFTA we are they go in private executive jets so Wal-Mart family, several members of going to create more jobs in America they do not even have to deal with the the Wal-Mart family, rank as some of and raise the standard of living of the deregulation of the airline industry, the richest people in the country? Bil- folks who live in Mexico. They said it the overcrowding and all those sorts of lions of dollars have accrued to many is a win/win. We know that manufac- things. But these are true inter- members of the family, billions and bil- turing wage rates have actually de- national folks. They are talking about lions, tens of billions to many members clined in Mexico since NAFTA, and we globalization and international trade of the family, but the workers do not have lost jobs here in this country. and all the benefits. There are benefits really share in the wealth they This trade deal is only a part of the for them, just not for the masses of produce. overall picture. The gentleman from Ohio (Mr. BROWN) pointed out we have America. That is a society that I do not think an exploding budget deficit. A Medi- Whatever happened to Henry Ford? we want. We have seen that this coun- care bill was passed at 6 a.m. after arm ‘‘My workers are going to be able to af- try worked best, as the gentleman from twisting and deals were made, and per- ford the product they make.’’ We all Oregon mentioned, when workers at haps even illegal activities, we do not did better under that system. We cre- Ford got paid a wage where they could know for sure, but that is certainly ated the envy of the world here in the buy the cars, and workers all across worthy of investigation; and it is being United States. We created the largest the board were paid a decent livable investigated. The fact is we now find middle class. Everybody did better to- wage that made an absolute difference out that it is not a $400 billion bill; it gether. But a few people got greedy, in their lives. and now they have got their hands on is a $534 billion bill, in part because I go back, Mr. Speaker, to some of there are no cost savings. There is no the levers of power, and they simply do the promises we have seen in this ad- not care about the majority. But they way to control the costs of prescription ministration’s economic policy. Under- drugs in that bill because of our sellout might find ways to distract them with stand again that the foundation of wedge issues, social issues, or some- to the pharmaceutical industry, basi- their economic policy is more tax cuts cally. thing else to distract them from the for the wealthiest people in our society loss of their jobs, the opportunity for But I believe this trade issue is the and more trade agreements that end up their kids, the lack of educational op- overarching issue because we cannot shipping jobs overseas. That is the portunities, or the future of this coun- deal with our health care problems; we foundation of their society. It makes try. cannot deal with all of the other prob- I do not think the American people the wealthy, the Bush contributors, lems that face us, funding education, are going to be fooled for very long. wealthier; it weakens and dilutes the prescription drugs for our seniors, car- They are going to demand changes, and middle class; and it is particularly hard ing for our veterans; we just cannot do we have to bring about changes. This on families barely making it. that unless we solve this trade deal trade policy is one of the most dev- We are going to see more promises in that is bleeding jobs out of this coun- astating levers of power that they have the next 8 months, as we have seen all try. to wield against the American system, along. This administration promised I get discouraged sometimes, and I against American workers, and against 3.4 million jobs. After September 11 would like to ask the gentleman from the wealth of this country, and they they made a promise there would be 3.4 Ohio (Mr. BROWN), what does the gen- are using it ruthlessly. million more jobs in 2003 than there tleman think can be done to reverse Mr. BROWN of Ohio. Mr. Speaker, were when he took office. In fact, what this? What is it going to take to re- my colleague put his finger right on it we have seen is 1.7 million jobs lost. verse this? when we talk about these workers and Again, more tax cuts for the rich and Mr. BROWN of Ohio. Mr. Speaker, it the way that they are paid. more trade agreements that ship jobs is clear that either the President needs The key to our Nation’s success, and overseas. That is what the economic to change his mind, or we need to the gentleman mentioned Henry Ford job loss is all about. change the President. President Bush

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.077 H24PT1 H550 CONGRESSIONAL RECORD — HOUSE February 24, 2004 came to Richfield, Ohio, on Labor Day, Additionally, I want to discuss the effect getting the jobs. Interestingly, we did and to his credit, he created a job that these agreements will have on our trade def- not hear a word in 1 hour of discussion day. He said he was going to start a icit and how they will harm American workers. about jobs, and the problems with new office called the job of the manu- The City of Cleveland in my congressional outsourcing and the rest, not one word facturing czar. He promised the job, district currently has an unemployment rate of was mentioned by the other side during but he has not filled the manufacturing 13.1 percent. Much of that is due to lost jobs their hour here about the fact that im- czar’s job yet. It is pretty clear when in the manufacturing sector. In fact, Cleveland migration, massive immigration into the President’s answer to everything is has lost nearly 72,000 manufacturing jobs in this country, costs Americans jobs. the same tired, trickle-down econom- the last four years. Additionally, in the State of It also costs American workers wages ics, tax breaks for the wealthiest peo- Ohio, 18.8 percent of manufacturing job loss because of course this is a supply-de- ple and more trade agreements that can be directly attributed to international trade. mand system; and the more supply hemorrhage jobs. If he is not going to I anticipate that the most likely traded item this there is, the more downward pressure change his mind, then this country is agreement facilitates will only be more U.S. there is on wages, and we see it all of pretty clearly going on a different jobs. the time throughout the country, but course. Like NAFTA, the Central American Free no one talked about that. No one dared Mr. DEFAZIO. Mr. Speaker, there is Trade Agreement will cause shifts in produc- mention the word ‘‘immigration’’ in one exception to free trade. People tion from the US that will further engorge the this discussion of 1 hour about jobs. have to realize who runs this adminis- already bloated trade deficit and lead to the They want to blame it all on President tration. There is one exception to free loss of more US jobs. Both of these agree- Bush’s policy or the administration’s trade, and it is for the first time in a ments facilitate the shift of U.S. investments policies regarding outsourcing. I am trade agreement with Australia. It is a while doing little to increase U.S. exports. certainly critical of the administra- prohibition on the importation or the Even U.S. investors do not escape unscathed, tion’s policy on a number of issues, reimportation of FDA-approved, U.S.- because the agreements contain large loop- particularly their immigration policy; manufactured pharmaceuticals from holes that allow foreign investors to claim but I ask people to be evenhanded in Australia, not because they are unsafe rights above and beyond those our domestic their criticism of what the problem is. like the phony baloney they are giving investors enjoy. The agreement before us I have had a bill now for over a year, us about Canada, but because they are today is taking us down the path of further job and certainly we will reintroduce, and cheaper there. That is in the trade losses and I urge my colleagues to oppose I will be interested to see how many on agreement. What is that doing in the this measure. the other side of the aisle will sign on. trade agreement if this is not all about Thank you Mr. Speaker, I yield the balance It is a bill that abolishes the H–1B visa big business and multinational cor- of my time. program. This is a program where sup- porations? It is not about making Mr. BROWN of Ohio. Mr. Speaker, I posedly companies would be able to things cheaper for American con- yield back the balance of my time. bring in people for a short period of sumers. If it was, why did President f time with very specific skills, skills that were not available here in the Bush insist on prohibiting the re- IMMIGRATION POLICY importation of FDA-approved, U.S.- United States, no worker possessed The SPEAKER pro tempore (Mr. manufactured drugs from Australia at them, they had to go overseas to get BISHOP of Utah). Under the Speaker’s half the price? It is not about making them. announced policy of January 7, 2003, things less expensive and benefiting Now, we have to think about that. the gentleman from Colorado (Mr. our consumers and our society. It is all Really and truly, how many people do TANCREDO) is recognized for 60 minutes about benefiting a very privileged few. you think there are in the United as the designee of the majority leader. States presently employed in the high- Mr. BROWN of Ohio. Mr. Speaker, I Mr. TANCREDO. Mr. Speaker, it has tech industry or have been employed in thank the gentleman from Ohio (Mr. been an interesting time. I sat listen- the high-tech industry who would not STRICKLAND) and the gentleman from ing to our friends on the other side of be able to meet the criteria that we Oregon (Mr. DEFAZIO) for their 10 to 15 the aisle decry the effects of have established for these jobs, these years of working on these issues. outsourcing of jobs, which of course I certain high-tech jobs? I suggest very Mrs. JONES of Ohio. Mr. Speaker, I rise agree, there is a significant problem. It few. I suggest that American citizens today as a member of the Ways and Means is interesting to note also that during are quite capable. I believe that we are Committee to express my concerns about the this entire hour when we have talked producing enough people in our col- Central American Free Trade Agreement. My about jobs and when we have talked leges and university system to take the concerns regarding this agreement cover about the fact that American workers, jobs that may be available; but, of many issues such as access to U.S. markets even those that are employed, are mak- course, the difference is American for agricultural goods, textiles and apparel, ing less than they were before, that workers were demanding higher pay, rules giving foreign investors the right to cir- wage rates have been depressed and so corporations began to look at cumvent domestic courts and sue countries in throughout the country, which is unde- H–1B visas to bring in cheap labor. So binding arbitration, and the failure of the niably true for people who are low they forgot about the provision that CAFTA to include enforceable, internationally- skilled, and it is also the case for hun- said you can only bring people into this recognized, core labor standards. dreds of thousands of Americans who country under this particular visa sta- CAFTA will lead to the expansion of export- have been displaced from high-tech tus that had special skills and that oriented factories that are notorious for poor jobs because of the number of people would go back in a short period of working conditions and exploitive working en- who have come into this country under time. vironments. Central America’s textile industry H–1B visas. And it is also true that we Mr. Speaker, guess what? Nobody has is one of the most developed in the region. are facing a crisis, I think, in our sys- gone back. We have maybe a million Companies that hire mostly women aged 15– tem and in our economy. The economy people in the country with H–1B visas. 25 at low wages and under poor working con- grows, but jobs do not. Job growth is Nobody has the slightest idea how ditions produce most of the clothing. not there, and the jobs that we are see- many, if any, have gone back home One of the poorest groups in the region are ing being developed are jobs that by after the 5 years were up that they women that reside in rural areas. In fact, and large are not going to Americans. were supposed to be able to work in the women are the heads of greater than 8 million Recently California published a study United States. I assure Members most, rural households. Support for the rural sector which showed that although there had if not all, of them are still here. in Central America is reflected by the lack of been a very marginal improvement in I have a bill to abolish that category. investment in rural infrastructure, financial job growth in the State, when it was I do not think, no, I am positive there services and human capital in the region. looked at carefully, it was found that is not a single Member who spoke here CAFTA only exacerbates the problems of the those jobs did not go to American citi- for the last hour that is on that bill. financially vulnerable small and medium sized zens. They went to people coming here How about the bill to attack the L–1 farms forcing increased impoverishment of from foreign countries, aliens, some visas status which is now being used by rural women. legal, most not. Those are the people major corporations to bring people in

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.079 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H551 for the same reason because they will tainly one that causes a lot of very, while, poll after poll after poll tells us work cheaper? They are higher-skilled very intense feelings to emanate out of that 70 percent, maybe sometimes 75 people. We are not talking about peo- the Members of the body here, and for percent, of the people in this country ple working in low-paying jobs. These a long time an issue no one wanted to say no more illegal immigration. A are highly skilled people, and compa- talk about. I would come to this floor majority say they want a reduction in nies are bringing them into the United night after night to bring my concerns legal immigration, until we can get a States under the L–1 visas status. to the body and to those people who handle on the problem. And it is a Where are these people when we are were listening, but it was a lonely problem. talking about what is happening to struggle. For the longest time major media American people because our borders I am happy to say that things do ap- outlets would simply ignore that, as are porous and our immigration policy pear to be changing, that American well as the Members of Congress, as is dictated by the politics of it and not voices are being heard. Not too long well as the President of the United by the economics of it, at least not the ago, the President of the United States States, be he George Bush or Bill Clin- economics of workers in the United proposed a new immigration plan, one ton, would ignore the fact that those States, but certainly the economics of that although he said was not amnesty people were out there and that they major corporations? In fact, no one dis- was, from my point of view and, I were telling pollsters how they felt, be- agrees that massive immigration of think, from the point of view of most cause we always assumed we could fi- both legal and illegal workers into this people, certainly an amnesty plan for nesse this; that although people were country is a benefit to employers. people who would be coming here under upset about it, it was not their number Cheap labor is a benefit to employers. some sort of guest worker arrange- one issue, and, by the way, we have Cheap labor is cheap to employers. It is ment, and all those people who are here this constituency we are trying to grab not cheap to the rest of us, to the peo- illegally would be given the ability to onto, this huge constituency, this growing number of people coming into ple who pay the taxes for the schools, stay even though they broke the law of this country as immigrants, and they for the highways, for the housing, for the land coming in here. the health care, for the incarceration There has been a significant response will become voters, and we want to get rates. Those all get passed on to the to that proposal. Our office, my office their votes, and so we certainly cannot attack the whole process that allowed taxpayer so that there can be a higher in Denver and the office here in Wash- them to come here, legally or illegally. profit rate. ington combined over the course of So we figure we can finesse this, and I understand that every corporation about a day and a half or 2 days re- all the people who say in those polls wants to achieve that; that is their pri- ceived almost 1,000 phone calls after mary goal, and it is under our system that they are against it, they are going the President made that speech. Noth- to say it, but that is not their number appropriate that they should be seek- ing that has ever happened in this ing the best returns possible for their one issue, so they will let it slide. country, not the war, nothing, no pro- How did the major media approach investors. Then is it not, however, the posal for any initiative ever generated responsibility of this government to this? Anyone that suggested we need to that kind of response. 99.999 percent of look at our immigration policy was try to do what we can to protect to the the people calling were upset by the extent possible, without becoming in- xenophobic; at best xenophobic, at proposal, were furious, as a matter of worst racist. That is the only way the credibly protectionist and starting fact, at the President for putting it for- trade wars, but are there not things media ever looked at it, because that is ward. Some of my colleagues, in fact the only way they could explain how that we can do in this country to try to many of my colleagues, heard the mes- protect American workers? It is our re- someone would stand up on the floor of sage because their phones rang off the the House or in a State legislature any- sponsibility to do so. hook also. Their e-mails came in by the Should we not be able to control the where in the country, a city council or hundreds and thousands, something flow of immigration into this country, anyplace else and talk about the possi- that they did not expect. recognizing that that massive flow of bility that massive immigration into I do not think it was something that immigration has an effect on working this country could be problematic, and even the White House expected. I think Americans, if not taking the jobs, cer- that we had to be able to control it, that they felt the President could tainly in terms of depressing wage and that we have to know who is com- make this speech, move on, satisfying rates? But nowhere in the diatribe that ing into this country. We have to know a certain constituency, hoping that we we heard for an hour was there one ref- how many, for what purpose and for would pass the bill eventually in this erence to this phenomenon, to the im- how long. In order to call ourselves a Congress, and that it would be some- migration phenomenon. Why? Why, be- Nation, that is a requirement, to be thing of relatively little note. But boy, cause, of course, as they accuse the Re- able to actually control your borders. publicans of being tools of big corpora- oh boy, oh boy, were they wrong. Peo- That is a requirement. tions, big business, they forget that for ple noticed, and they called, and they But the major media would follow the most part they are tools of polit- are still calling. the lead of papers like the Wall Street It is important, I think, for people ical subgroups that they look to for Journal that every single year for who listen to this to recognize that votes. years on the Fourth of July would their voices can be heard. I know it is write an editorial saying that borders b 2215 simply a frustrating experience to pick should be eliminated, they don’t mat- It is a political problem we face. It is up the phone or write a letter to our ter anymore, they are insignificant, true that our side of the aisle caters to Congressman. Does anybody really and they just impede the flow of goods the business interests who want cheap care? Does anybody really read it? Be- and services. And, after all, the only labor. It is also true that the other side lieve me, you were heard. You were thing that should determine that flow of the aisle caters to the immigration heard. So much so that I do not believe of goods and services and people, the community and looks at them as a the President’s plan will even evolve only thing that should determine that source of voters and as a political sup- into a piece of legislation that we will is the market. And so borders are irrel- port base, and they are fearful of ever see on the floor of the House. If it does, evant, they said. They wrote that every saying anything that might discourage I predict that it will fail. And it should. year, year after year, on the Fourth of that political support base. There are signs, as I say, that things July. All of the major media in this If you are going to talk about this are changing. Perhaps one of the most country followed along. issue, then you better talk about all of incredible things I have read in the re- 9/11 comes along, a lot of things that issue, all of the problems that we cent past that indicates that there has changed, and one thing that changed confront in this country because of the been a change in the attitude of the was the Wall Street Journal stopped fact that we have immigration policies American people when it comes to the printing that editorial on the Fourth of and economic policies that are detri- issue of immigration and immigration July. It does not mean they stopped be- mental to American workers. control, not just a change on the part lieving it, they just stopped printing it This issue, the immigration issue, is of the American people, because, frank- for obvious reasons. But something is certainly one that is contentious, cer- ly, that has been there for quite a happening.

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.080 H24PT1 H552 CONGRESSIONAL RECORD — HOUSE February 24, 2004 This is a reprint of a cover story in New residents continue to wash over social welfare costs, increasing pov- the Los Angeles Times Magazine, Janu- California’s borders, but the State is erty. While the costs are significant, ary 25, 2004, by a gentleman by the neither attempting to restrain growth the benefits are so vast and varied from name of Lee Green. This is really an in- nor building adequate infrastructure to critical high-tech expertise to breath- credible article, incredible because, of accommodate it. And the boat con- taking multicultural richness that course, I think it is very profound, it is tinues to fill. During the last half of anyone but an unrepentant xenophobe certainly well written, it is well docu- the last century, an epoch encom- would agree that they are all incalcu- mented, but it appeared in the Los An- passing most of the baby boom and, a lable, none of which alters the fact geles Times. generation later, all of the boom’s that immigration more than any other The Los Angeles Times, I think if it echoes, the State population grew by factor will probably determine how had a logo, if it had a masthead, it more than 24 million. The next 24 mil- crowded and environmentally would be of the three monkeys with lion, more than the population of Illi- unsustainable California becomes in their eyes covered, their ears covered, nois, Indiana, Iowa and Nebraska com- the years ahead. Immigration directly their mouth covered because they did bined, will arrive more quickly, inflat- and indirectly accounts for more than not want to see, hear or talk about this ing the total to nearly 60 million with- two-thirds of the population growth problem. It did not exist in the Los An- in 36 years. Barring the long overdue nationwide. geles Times. Immigration was not a mother of all earthquakes, a tightening b 2230 problem for the Los Angeles Times. of Federal immigration policy, which They could go to their offices, their is more unpredictable, by the way, ‘‘But DIANE FEINSTEIN says that try- ivory tower offices, and look out over a than the earthquake, or the Rapture, ing to stem the ever-rising count is not sprawling city and think, gee, you California’s population, currently at 36 a topic of discussion in the U.S. Sen- know, I’m sure those people down there million, likely will double within the ate. Though the Earth’s population are having a great time and life is good lifetime of today’s schoolchildren. doubled to 5 billion in a mere 37 years for them, so as long as I don’t have to A close look at the numbers suggests and will more than double again this participate in any of this stuff, as long that the 1990s began a pattern in which century, many countries, particularly as I can get home easily, have my limo California receives more new residents in Europe, now have low fertility rates, pick me up, and I don’t have to worry each decade than it did the previous relatively low immigration levels, and about a lot of these kinds of things decade. The 2020s will witness the are losing population. In sharp con- that the poor trash out there worry greatest 10-year increase in State his- trast, the U.S., at more than 292 mil- about, then we can continue to think tory, and the number in the 2030s will lion people, the world’s third-most pop- about markets as being the only thing be even greater. ulous country behind behemoths China that should determine the flow of peo- Come to California, Governor Arnold and India, will soon glide past 300 mil- ple. Schwarzenegger urged the world more lion en route to 400 million before mid- But, as I say, something happened. than once in his State of the State Ad- century . . . ’’ ‘‘United Nations projec- And so they agreed to publish this arti- dress this month, but most residents tions show just eight countries ac- cle. I am certainly not going to read it are not happy about this trend. Even counting for half of the planet’s popu- all, but I am going to take excerpts. It Senator DIANNE FEINSTEIN isn’t happy lation increase between now and 2050,’’ starts out: and of course the United States is one By birth, by foot, by automobile, about the numbers, either. I find them, of them. from every other State and other coun- she says, very distressing, and I’ll tell you why. If the growth comes before I will skip to the end of this here. try, legally and illegally, people have ‘‘Researchers at the Rand Corporation arrived in California for decades in un- the ability to handle the growth, what think tank,’’ and the Rand Corpora- relenting swells, human surf breaking you inevitably will have is a backlash. tion, by the way, is not known as a steadily on a vast shore. Occasionally a That’s what drove Proposition 187. conservative think tank by any means, big set rolls in and harasses State and The Eagles were right: This could be ‘‘spotted these troubling trends in 1997 local officials trying to determine how heaven, or this could be hell, but the after studying 30 years of economic and many new classrooms to build or where more closely you examine California’s immigration data. Rand’s review con- to bury the trash, but Californians plight, the more the heaven part looks cluded that ‘the large scale of immi- take it in stride. iffy. No other State has so many resi- You can complain, but what good dents. Texas ranks second, but with al- gration flows, bigger families, and the would it do you? You can complain most 40 percent fewer people. No other concentration of low-income, low-tax- about winter, too, but it comes any- State comes close to matching Califor- paying immigrants making heavy use way. We tolerate endless strip malls, nia’s annual net population increase. of public services are straining State foul air, contaminated runoff, window- During the next 25 years, the region is and local budgets.’’’ California, a $38 rattling boom boxes and the weekend projected to grow by 6 million people. billion deficit. Yes, it is definitely crush at Costco and Home Depot. We This is not exactly a formula for a straining local budgets. remain composed in the face of run- Golden State. ‘‘The lifeboat keeps sitting lower, away housing prices, electricity short- Immigrants, specifically Latinos who water spilling over the gunwales, provi- ages and crowded schools. constitute the majority of the State’s sions stretching thin. Yet we keep tak- But what we suffer even less well more than 9 million immigrants, in- ing on more passengers, and nobody’s than crowded schools, the thing that flate the population not just by coming doing much bailing. Is this any way to makes even the most tolerant Califor- to California, but by having children run paradise? nians realize that their cities have be- once they are here. While the combined ‘‘Shall we just paint ourselves into come overstuffed, is the endless, miser- birthrate for California’s U.S. citizens an overcrowded corner and then see if able, stinking, standing traffic. In Los and immigrants who are not Latino we can figure a way out? Angeles, in San Diego, in Sacramento, has dropped to replacement level, the ‘‘There is more at stake here than in the Bay area, freeway traffic sits birthrate for Latino immigrants from mere comfort and convenience. Apply like an automotive still life, then Mexico and Central America averages enough stress to any biological system inches along as we fume in the fumes. more than three children per mother. and eventually it falters. ‘The economy On a roadside in San Jose after a fend- Changes in Federal policy since 1965 is inside an environment. The environ- er bender, a driver grabs another driv- have elevated the number of immi- ment is not inside the economy. Which er’s small dog, Leo, and throws the grants legally admitted to the United is to say, the laws of nature will ulti- helpless animal into oncoming traffic. States annually from a few hundred mately prevail over the laws of eco- This is what it has come to in Cali- thousand to more than 1 million in re- nomics.’’’ fornia. We live in the age of Leo. If pro- cent years. California has long received He ends by saying, ‘‘But if the people jections through 2040 by demographers far more immigrants, legal and illegal, entrusted to lead the State are not in the State Department of Finance than has any other State. It worked having this discussion, if they’re not prove accurate, conditions will only out well in some respects, cheap labor, grappling with these issues, then who get worse, much worse. ethnic diversity; not so well in others, is? That’s a fine thing to think about

VerDate jul 14 2003 04:49 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.082 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H553 the next time you’re stuck in traffic. istration, who believe that borders are So I ask the Members if one can come Which will be soon.’’ irrelevant, they are of no consequence, into this country as an illegal immi- It is a great article, much lengthier, and they impede the flow of goods and grant, an illegal alien, and obtain all of of course, than I was able to state here services and, yes, people, and that soon these benefits, then what is the dif- tonight. But people can all go on line, we will be able to achieve a new world ference between that person and the of course, and pull it up. It is called order in which there are no real bor- person who has lived here all of his or ‘‘Infinite Ingress’’ by Lee Green for the ders, or if there are borders between her life and is, in fact, an American cit- Los Angeles Times, January 25, 2004. It countries, they will be like one that izen? What is the difference? None. It is a great article. was described by someone I was debat- does not matter. And that is a goal There are astronomical types of ing from the Cato Institute, a liber- that a lot of people in this body want. issues to deal with here, enormous tarian think tank here in Washington, It is not what I believe is an appro- problems. Certainly they are issues who said, yes, we will still have bor- priate goal certainly, and one that I dealing with the environment. I mean, ders, but they will simply be like the certainly will fight in every way I can. this piece concentrates on that. What borders between Kansas and Colorado Not too long ago there was a bill on is the impact of massive growth rates and Nebraska, of no real consequence. the floor. We were fighting over the in this country? Is it always good? Is That is a world view. It is a world budget for the newly created homeland growth always good? Some will benefit, view held by a lot of people. It is not a security agency. I think we just had its it is true. Many will not. world view I hold, nor one that I will first year anniversary here a day or so The President mentioned in his accept without a lot of fighting, but it ago. But on the floor of the House when speech on immigration that we need to is something that a lot of people want we were creating the budget for this match every willing worker with every to see, and that is why we can see this newly created agency, I proposed that willing employer. That is a sentiment I constant movement toward a world and no city that passes these plans, these know many of my colleagues even in a country in which the whole concept amnesty plans, these sanctuary city this House believe in. It is sort of an of citizenship is completely and totally policies, would be able to get any funds admirable goal. We can say things like obliterated, where it just does not mat- under that particular grant system, that, and at first glance we would say, ter anymore if one is a citizen of the the grants from Homeland Security. I sure, that is true, absolutely. What is United States, of Mexico, of Canada or got 122 votes out of 435. Everybody kept wrong with that, matching a willing anyplace else. They are just a resident saying this is not the time or the place worker with every willing employer? of where they happen to be. to talk about that, and it got very con- The one thing that I can tell the We see cities in the United States tentious. It was about midnight on the Members that strikes me right off the passing laws, calling themselves sanc- floor here, and people got very upset, bat that may be wrong with it is this: tuary cities, laws telling people that did not want to fight this issue, did not There are billions of willing workers they really do not need to show us any- want me to even bring it up, kept say- out there, billions, willing to come, be thing except perhaps a utility bill to ing it was just a divisive issue. matched up with millions of employers show that they are a resident and we Why is it divisive? What in the world here in the United States who are quite will let them vote. One of those cities is divisive about it when we simply desirous of obtaining cheaper labor. Do is not too far from here, College Park, say, okay, there is already a law, it is we really mean that? Do we really Maryland, but they are all over the already on the books in the Federal mean that we will match every willing country. The State of Maine is pro- Government, we passed it in 1994. It worker in the world with every willing posing that the State be the first sanc- says no State or city can impede the employer? Do we think that that will tuary State. flow of information to the INS or re- not have an impact on our society, on Among other things, we would see strict the flow of information from the our system? Of course it will. And I do these States and cities not cooperate INS. It is on the books. We have it. not think we really and truly mean with the INS, with now the Bureau of There is one little tiny problem. that. At least I hope we do not, be- Immigration Control and Enforcement; There is absolutely no penalty for its cause, of course, there is a role for us not have their police forces, the State violation; so States and cities rou- to play in this body, and that is to con- patrol and the local police, help the tinely violate it. And when I tried to trol that flow. Federal Government enforce immigra- say let us really take a tiny little pen- We hear all the time that there are tion laws, not that we do a very good alty, all I was saying at that point in all these jobs going begging, all these job at it anyway, but they are saying time was they should not be able to get jobs that Americans will not take. I the cities will not be allowed to do a grant under the homeland security will tell the Members right now that I that. Four cities in my State have done agency if they are passing laws saying believe with all my heart when we have this, have passed these laws. that they will not even tell the INS if got 5.6 or 5.7 percent unemployment What is the end result of this proc- they have arrested an illegal alien rate in a free economy, there is no such ess? It is to achieve a place in which we within their city boundaries. We could thing as a job an American will not are simply residents, we are not citi- not pass it. We could not pass that take. It is just a matter of how much zens, that citizenship does not matter; amendment. Of course I will try again, one is willing to pay to get the worker. that if one comes here across our bor- and we will continue to tell as many And as long as we continue to import ders even without our permission, we people as we can about the Members cheap labor, we will be absolved of the will give them free schooling for their who chose to vote against it, and they desire to actually provide a good job children. We do that. If they come will have to explain why. for Americans and will say that the here, cross our borders, even without I would love to actually hear an ex- better thing is to just simply have our permission, we will give them ac- planation for opposition to that par- cheaper products coming into our cess to our health care system. We do ticular proposal. It is really fas- stores. But it does require somebody that. If they come here, we will give cinating, other than to say we simply here to buy those products, and we can- them access to our Social Security sys- do not want to alienate our constitu- not have an economy that is a two- tem. We are proposing that. Even if ency. I have had Members to say to me tiered economy of most folks living at they are here illegally, the President is on the floor, after maybe a little 1-hour lowest level and some folks at the proposing a totalization agreement thing like this, people say, You are highest, and that is, I think, a future with Mexico, saying that any Mexican right, Tom. You are right about that, that comes into view when we think worker who is here, even here illegally, but I am not going to support you on about this kind of world, a world of in- after only six quarters of work would this stuff. I have a huge minority con- finite ingress into the United States. be able to be vested in the United stituency in my district. Something will change. And I will States Social Security system. So we And I am saying, so what? not ask a question. I will tell my col- do that. We are proposing that. We are leagues that I do believe that it is true even telling them, as I say, that if they b 2245 that there are a lot of folks here even come here even without our permis- If you think I am right about what I in this body, maybe even in the admin- sion, they can vote. say is happening to this country and

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.083 H24PT1 H554 CONGRESSIONAL RECORD — HOUSE February 24, 2004 the potential for what is going to hap- public schools failed even to mention somebody would actually say it; they pen to the country, how can you just so America’s Founding Fathers, the Pil- could be actually allowed to say it in cavalierly say, yes, but I cannot vote grims, the Mayflower. These were the the school, Merry Christmas. for you? guidelines for teaching history. What In a school district in New Mexico, For the last part of this hour, I want history? Whose history? Not ours. Be- the introduction to a textbook called to talk a little bit about another as- cause, of course, maybe somebody who ‘‘500 Years of Chicano History in Pic- pect of this problem that I think is read this could not relate to the Pil- tures’’ states this is why the book was quite disturbing. It gets to the problem grims or the Founding Fathers. written, ‘‘In response to the bicenten- of assimilation, the ability of the I will tell you that in my life, as I nial celebration of the 1776 American United States of America to assimilate mentioned to you, I am the grandson of Revolution and its lies.’’ Its stated pur- huge numbers of people into our soci- immigrants who had a deep love and pose is ‘‘to celebrate our resistance to ety when we are laboring with some- respect for their home country of Italy, being colonized and absorbed by racist thing else inside the United States. but had absolutely no desire to have empire builders.’’ The book describes This is not the fault of any immigrant; themselves or their families attached defenders of the Alamo as slave owners, it is not the fault of massive immigra- to that country in any other way than land speculators and Indian killers; tion. It is a result of it, but it is not some sort of fond nostalgia and periodi- Davy Crockett as a cannibal; and the the fault of it. It is something we are cally going down to something called 1857 war on Mexico as an unprovoked doing to ourselves. the Feast of St. Rocco, believe it or U.S. invasion. We are becoming wrapped up in, and, not, and another one called the Feast The chapter headings included really, this has been going on for a of St. Anthony. I used to joke about ‘‘Death to the Invader,’’ ‘‘U.S. Con- number of years, we are becoming the fact could there really be a St. quest and Betrayal,’’ ‘‘We Are Now a wrapped up in this philosophy I some- Rocco. There was, evidently. But that U.S. Colony in Occupied America,’’ and times call the cult of multi- was about it. ‘‘They Stole the Lands.’’ culturalism. Now, this is not just the But in terms of who we were as indi- ‘‘McDougal’s,’’ another textbook, I multi-culturist philosophy you say viduals, what was our heritage, what remember using a McDougal’s textbook simply references the value of diversity was the country we connected to. when I was teaching ninth graders in and the fact we have many different There was never any doubt in my mind, Jefferson County, Colorado, well, the cultures that we can explore and we never any doubt, that my heritage was new McDougal’s textbook, ‘‘The Amer- can enjoy in this country. That is all the Pilgrims, the Founding Fathers. icas,’’ that is the name of the textbook, true, and I, certainly, as an Italian and That is what I thought of, because that states that the Reagan-Bush conserv- the grandson of Italian immigrants, I is what my textbooks taught me, that ative agenda limits advances in civil am well aware of the value added by is what my grandparents taught me, rights for minorities. immigrants coming to this country that is what the schools taught me. This is not an observation, this is not from all over the world. I am not argu- But we refuse to even mention them in an opinion, this is what the textbook ing that. says was the Reagan-Bush administra- I am talking about a different kind of our history textbooks. tion; and that conservatives’ bid to dis- multi-culturalism, a different brand of In a Prentice Hall history textbook mantle the Great Society social pro- multi-culturalism. This multi- used by students in Palm Beach Coun- grams could be compared to ‘‘aban- culturalism is radical multi- ty High School titled ‘‘A World Con- culturalism. It says that not only flict,’’ the first five pages of the World doning the Nation.’’ It goes on to in- should we enjoy the diversity, but we War II chapter focused almost entirely clude text stating that communism should make it our universal char- on topics such as gender roles in the had potentially totalitarian acteristic. The one thing we should all Armed Forces, racial segregation and underpinnings. Potentially. This goes strive for, and the only thing that is of the war, internment camps and the on and on and on and on. We have hun- value as a national goal, is diversity, women in the war effort. That was dreds of examples like this. and that any idea that there is a com- World War II, okay? That was it. Now, why do I bring this up in con- mon set of values, attitudes and ideas Gender roles in the Armed Forces. junction with this immigration discus- that we call America, or, worse yet, That was the discussion of World War sion? Because, I will tell you, it mat- Western Civilization, any of these II. Now, it maybe deserves a line, ters. It matters. It matters that we are things should be erased from the text- maybe a paragraph, but this is the telling our own children, I went into a books, taken out of the discussion in analysis of World War II in a history school in my own district just a couple classrooms; that we should encourage textbook? of weeks ago, had, again, probably 200, children to think of themselves not as In Washington State, a teacher sub- these were high school students, how- Americans, not as Americans, but as stituted the word ‘‘winter’’ for the ever. They brought them into the audi- part of some sub-group, usually some word ‘‘Christmas’’ in a carol to be sung torium, 200, 250, something like that. victimized class seeking a redress for at a school program so as not to appear At the end some kid wrote a note to that victimization from those who per- to be favoring one faith over another. me and said, ‘‘What is the most serious petrated it, mostly those, ‘‘those’’ The lyrics in Dale Wood’s ‘‘Carol from problem you think we face in the Na- being the code word for Western Civili- an Irish Cabin’’ was changed to read tion?’’ I said, ‘‘Let me ask you a ques- zation itself. ‘‘harsh winds blow down from the tion and I can tell you that.’’ I said, Textbooks all over the country, we mountains and blow a white winter to ‘‘How many people in here believe you pulled out just a few, and I have on our me.’’ live in the best Nation in the world?’’ Web site we have a lot more, but a few I was in a school in my district in And there were maybe two dozen things as an example of what I am Colorado not too long ago around hands, at most, two dozen hands went talking about here. In the textbook Christmastime. I was leaving, and I up, a tenth of the group. A lot of people ‘‘Across the Centuries’’ used for sev- said ‘‘Merry Christmas’’ to the children again very uncomfortable, looking at enth grade history, the book defines I had been talking to in an elementary the teachers on the side of the wall the word ‘‘jihad’’ as ‘‘to do one’s best school. I noticed there was sort of a thinking, Gee, I don’t know. to resist temptation and overcome strange reaction. Some said, ‘‘Merry I had the distinct impression that a evil.’’ Christmas? Yes, what did he say?’’ I lot of kids wanted to answer yes, but Does anybody really believe that is thought that was weird. they were afraid to, because what the definition of jihad, that a textbook As we were walking out, the teacher would they say if somebody challenged would be given to children in the said to me, ‘‘The principal doesn’t real- them? How would they actually defend United States, considering the fact ly like us using that word.’’ I said, that statement? So they just did not that 9/11 was another example of jihad? ‘‘What word?’’ ‘‘Christmas.’’ say a word. ‘‘To do one’s best to resist temptation This is a public school in my district. So I said, ‘‘Let me ask you, should we and overcome evil.’’ I went back to the school and I yelled, be proud of the fact that we are a prod- In 2002, the ‘‘New Guidelines for I said, ‘‘Hey, Merry Christmas. Merry uct of Western Civilization and there Teaching History’’ in the New Jersey Christmas.’’ They were all excited that are some incredible things Western

VerDate jul 14 2003 04:49 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.085 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H555 Civilization has brought to the world, heck of a lot easier to retain those ties I hope you will. I hope everybody will, including, among others, the idea that than it was before. He says, ‘‘They because I need your help. But this will society should be based upon laws and don’t want to be Americans.’’ be a great, great battle for us to enjoin. not upon men; that individuals matter I said, ‘‘Well, Bishop, of course, that It is about time we did so. more than the collective? These are is the problem. To the extent that you Mr. Speaker, there is a reason. There uniquely Western thoughts, and we can are right, to the extent that what you is something of value in Western civili- be proud of them, and we should be said is true,’’ it is certainly not true zation and the Judeo-Christian herit- proud of them. We have all kinds of for everyone coming, ‘‘but to the ex- age, and this place we call the United warts, I know it is true. There are plen- tent you are right, that is the prob- States, which is the greatest example ty of things we have done wrong. But lem.’’ of that heritage. And as I say, I know to only emphasize the worst in Amer- That is what is fearful, and that is that there are warts, and I do not mean ica, the worst things that have hap- why we need to think about what we to ignore them. I am not asking chil- pened, and even rewrite history to teach children and what we say to im- dren to be told that there are only make events even more problematic for migrants, and that is why we need to wonderful things about Western civili- us is despicable; and it makes us won- get a handle on immigration, reduce zation or about America, I am just ask- der, it makes children wonder, it even the amount of legal immigrants, ing that they be told the truth, both makes Americans wonder who they and certainly stop the flow of illegal the bad side and the good side, because really are and whether this is all really immigrants into the country, until we today, they will always, I guarantee worth it, it seems to me; who are we, can in fact get a handle on this prob- my colleagues, children will be able to where are we going, and how are we lem. articulate a problem with Western civ- going to get there. I have a Web site. On our Web site, ilization, but I wonder how many can Now, if we have a hard time trying to WWW.House.Gov/Tancredo, you can go actually stand up today, a high school transfer this knowledge to the children there and see a little pop up thing that senior, and be able to effectively say that are coming out of our public says ‘‘Our Heritage, Our Hope.’’ If you what is good about Western civilization schools, think how hard it is to trans- go on that you will see these things and the country in which they live and fer that knowledge also to the people that I pulled out of the textbooks, and be able to defend it. I certainly want who are coming here as immigrants, you will see a resolution that I am that to happen before we get more peo- many of whom are not coming for the going to introduce on the 3rd of March. ple here as immigrants, legal or illegal, purpose of being an American. Many of who are not coming because they do b 2300 them are coming simply for the pur- not want to be Americans. pose of getting a better job. The whole I hope that maybe 8 or 10, maybe f concept of integration and assimilation more, of my colleagues will join me, IRAQ WATCH goes out the window when it clashes however many have the guts to do so, The SPEAKER pro tempore (Mr. with or comes in contact with, because and it will be a very simple resolution. BISHOP of Utah). Under the Speaker’s it is really not a clash, but comes in It will say that the Congress of the United States wants to encourage all announced policy of January 7, 2003, contact with this cult of multi- the gentleman from Pennsylvania (Mr. culturalism, and that is why it mat- schools in this Nation to produce chil- HOEFFEL) is recognized for half the re- ters. That is why immigration policy dren who will be able to articulate an appreciation for Western civilization. maining time, approximately 27 min- fits into this discussion. utes, as the designee of the minority We need to rethink the way we teach Now, one may not think that that should start anything, but I guarantee leader. our children and we need to rethink Mr. HOEFFEL. Mr. Speaker, I am my colleagues that it will. I guarantee what we tell immigrants. Instead of glad to be back on the House floor with my colleagues it will. I really and truly telling immigrants that there is no my colleagues, the gentleman from look with enthusiasm and exhilaration, reason for them to integrate into our Massachusetts (Mr. DELAHUNT) and the a certain amount of exhilaration, to society, that we want them to stay sep- gentleman from Hawaii (Mr. ABER- that debate; to hearing somebody ex- arate, we want them to keep a separate CROMBIE), and I think others will join plain to me why we should not teach language in the schools, we want them us, for another installment of Iraq children to appreciate Western civiliza- even to keep their own political asso- Watch. We have been coming to the tion. Appreciate. I did not say that ciations of the countries from which floor one evening a week since, I be- they came, which now we have almost they had to disparage any other civili- lieve, last May to talk about our poli- 10 million people in the country living zation; I just say that they should be cies in Iraq, to raise questions about here with dual citizenship. able to articulate an appreciation of the policies when we do not understand I had an interesting conversation Western civilization. Do we think that those policies, to suggest alternatives, with a bishop in Denver, Bishop Gomez, they can do it today? How many do we to try to get information before the who was arguing with me about this think could do that today? Do we think Members of the Congress and the mem- issue, and he said to me at one point, that they should be able to? Do we bers of the general public about what is ‘‘I don’t know why you are worried think any child should be able to do happening in Iraq. about the Mexicans who are coming that graduating from a public school in Before turning to my colleagues for into this country.’’ By the way, I am the United States, or any school, actu- this week’s installment of Iraq Watch, not worried about ‘‘the Mexicans’’; I ally? What would be wrong with having let me review a little bit what has been am worried about massive immigra- that as a goal? I would love to have happening, and the last few weeks have tion. He says, ‘‘But I don’t know why this debate. Well, we are going to. been tough weeks for President Bush you are worried about the Mexicans And then I am going to ask State leg- regarding his policies in Iraq. We know coming into this country.’’ He said, islatures all over the country; we have that the chief CIA weapons inspector, ‘‘They don’t want to be Americans.’’ now I do not know how many signed up Dr. David Kay, returned from Iraq and Those were his exact words: ‘‘They already, but quite a few State legisla- said that stockpiles of weapons of mass don’t want to be Americans.’’ tures, and simultaneously they are destruction do not exist. He could not They are coming here for a job. They going to introduce a State resolution find weapons of mass destruction them- love Mexico. They want to keep their in their legislatures saying the same selves. He doubts that such stockpiles Mexican heritage, their Mexican citi- thing. Then we are going to ask par- existed before we went to war. He zenship. Of course, today it is a lot ents to go to school districts and bring doubts they existed in 2002 or 2003. easier to do so than it was when my that resolution to their school district This, of course, is completely contrary parents came from Italy, a land very and ask the school district to do ex- to the White House assertions in the far away, very difficult to get back and actly the same thing. You can go on fall of 2002 and in the spring of 2003 forth. Now, of course, all over the line, go to Our Heritage, Our Hope page that these weapons of mass destruction world it is a short hop to wherever it on our Website, and you can get all the existed. was we may have come from. The world information you want, and you can The President continued to advocate has gotten much smaller, and it is a sign up to help us in this endeavor, and his case and, in my judgment, hype the

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.086 H24PT1 H556 CONGRESSIONAL RECORD — HOUSE February 24, 2004 situation regarding weapons of mass could actually ask in depth in closed President, delivered to the Congress, destruction in the State of the Union briefings and hearings as to what the and apparently delivered to reporters Address where he talked about weapons source of this information was. Yet we who were all supposed to be checking of mass destruction-related program find now in the Washington Post just 2 sources. activities. I am still trying to figure days ago a report taken from the Lon- Part of the thing that we need to re- out exactly what is a weapons of mass don Telegraph on commentary from mind ourselves and remind the public destruction-related program activity, Ahmad Chalabi. That name has been on of is that we are dependent upon the but I can tell my colleagues what it is this floor previously. The gentleman professional integrity of journalists as not. It is not a weapon of mass destruc- from Massachusetts (Mr. DELAHUNT) well. We are dependent upon it. We are tion, because we have not found those has examined Mr. Chalabi’s career in certainly the object of it often enough. in Iraq, according to our chief CIA detail. The gentleman from Pennsyl- We are dependent on them checking weapons inspector David Kay. vania (Mr. HOEFFEL), I believe, has their sources to make sure that they Then, in his Face The Nation inter- done the same. are reliable. Let me repeat what he view recently, the President talked Mr. HOEFFEL. Mr. Speaker, if I may said. about Dr. Kay’s report and said that interrupt the gentleman for a moment, The reason I want to do that is that Dr. Kay came home and, number 1, I am proud of the fact that last April in this is as cynical and sinister a pro- made an interim report and, number 2, one of our very first Iraq Watches, I nouncement as I have heard in my po- suggested that things were worse in identified Mr. Chalabi in the words litical lifetime. I am quoting Mr. Iraq than we thought. that my grandfather would have used Chalabi, as reported in the Washington Well, in fact, may I say to my col- as a four flusher. I have to explain Post, We are heroes in error. As far as leagues, Dr. Kay came back from Iraq what a four flusher is. A four flusher is we are concerned, we have been en- not to make an interim report, but to a man whose word you cannot accept, tirely successful. Our objective has quit. He said he has had enough. He is and if it was good enough for my been achieved. That tyrant Saddam is frustrated. He says he is not getting grandfather, it is good enough for me. gone, and the Americans are in Bagh- the support that he thinks the Iraq dad. What was said before is not impor- b 2310 Study Group should get in order to tant. focus on the search for weapons of Mr. ABERCROMBIE. Mr. Speaker, Mr. DELAHUNT. I would just like to, mass destruction. He believes those let me explain what Mr. Chalabi admit- if I may, pick up on that point with Mr. Chalabi. weapons do not exist. And far from say- ted to. He is now on the Governing The gentleman from Pennsylvania ing things were worse over there than Council. This is the body upon which the United States is presently relying. (Mr. HOEFFEL) described Mr. Chalabi in he thought, he said we could not find very unflattering terms, but I think a the things that we were told we would This is the body upon which the United States is presently conducting policy more apt description of Mr. Chalabi is find. that he is a convicted felon. When he Then, the President finally appointed in terms of their being able to take fled Iraq he ended up in London for a a commission to study the intelligence over on June 30, this arbitrary date period of time and then went ahead and regarding Iraq and the weapons of mass that has been set by the Bush adminis- tration. conducted business, banking business, destruction. And I am glad that he ap- financial services, in the kingdom of pointed such a commission, but he He now lays claim to the following. He was accused of peddling phony tips Jordan. There he was charged with em- made two big mistakes, in my judg- bezzlement and a series of other crimes ment. One, he limited the time, or about Iraq’s weapons, the very thing that the gentleman from Pennsylvania that would constitute in our jurispru- maybe I should say he expanded the dence a felony. He was tried and con- (Mr. HOEFFEL) has been speaking of. time so that the Commission will not victed and was sentenced to 22 years by Again quoting from the Washington complete its work until well after this a Jordanian court. I am sure he would Post, he shrugged off charges that he fall’s election. Secondly, he limited the contest that. I am sure that he would had deliberately misled U.S. intel- scope of the Commission. He asked proclaim his innocence, but that is a ligence, We are heroes in error. them to look into the accuracy of the fact, a reality. That is not just simply He told the Telegraph in an interview intelligence gathering. And I agree an unflattering description of an indi- Wednesday in Baghdad, As far as we that accuracy must be reviewed, but he vidual. did not ask the Commission to review are concerned, we have been entirely When the king of Jordan came and the use of that intelligence by the successful. Our objective has been visited with Members of the House White House itself. achieved. That tyrant Saddam is gone Committee on International Relations, Mr. ABERCROMBIE. Will the gen- and the Americans are in Baghdad. and I forget if the gentleman from tleman yield on that point? What was said before is not important. Pennsylvania (Mr. HOEFFEL) was there, Mr. HOEFFEL. I am delighted to Quoting it now from the Washington but I posed to the king, who has been yield to the gentleman from Hawaii. Post, not even to the families of all the an erstwhile ally of the United States Mr. ABERCROMBIE. Mr. Speaker, I killed and wounded? and his father before him in the region thank the gentleman for yielding. On Mr. DELAHUNT. Mr. Speaker, if the for decades and has cooperated with that exact point, if we were just recit- gentleman would yield, not even for the United States in terms of the war ing a litany of errors made in the sense the American taxpayers that are put- against terrorism, I asked the king if of an honest misreading after a genuine ting out some $167 billion to date. That he had been consulted by the United inquiry, that would be one thing, but is absolutely outrageous. States Government because I was the really shocking evidence to the What I learned this evening, and I aware that Mr. Chalabi had been con- contrary is now coming out. In fact, we find it particularly disturbing, is that victed of a serious crime, an embezzle- even see reports about where was the Mr. Chalabi was present in this cham- ment of some hundreds of millions of press? Why was this taking place? And ber during the State of the Union that dollars. He said, with certain equa- it turns out the source for much of this was delivered by President Bush back nimity, No, I was not. information, not just for those in the in January and sat with other members I did not pursue it because I did not intelligence agencies, but from those of the Iraqi Governing Council in the want to cause the king any embarrass- reporting on it, was coming from the box where the First Lady was sitting. ment, but it was clear to me and others same sources. This is absolutely unacceptable. at that meeting that he clearly was The general public listening to us Mr. ABERCROMBIE. Mr. Speaker, displeased, and to think that we turned might say, well, that is all well and let me repeat then for those who may our back on an ally, who according to good for you folks in the Congress to be be tuning in and trying to get the con- newspaper reports, and the truth al- mentioning these things now, to be text here. Let me repeat exactly what ways outs, was encouraging defectors commenting on it now, but we had no Mr. Chalabi said, our champion in to provide intelligence that he should access to that. We were not privy to Baghdad, the person upon whom is the have known was false, was false. that kind of inquiry on the basis of a principal resource apparently for the If I can pursue for just one more mo- position in the Congress where we intelligence that was delivered to the ment, this is dated February 19 and is

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.088 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H557 from the Daily Telegraph in London, a great courage. But remember that they formation or intelligence and assume British newspaper obviously. U.S. offi- rushed to Baghdad because they be- it to be true without checking it out cials said last week that one of the lieved that weapons of mass destruc- thoroughly, precisely because it fit most celebrated pieces of false intel- tion were there, in large measure be- what they would like it to be. ligence, the claim that Saddam Hus- cause of the representations made by I know when somebody is telling me sein had a mobile biological weapons Chalabi and others, and the very false something I want to hear, something I laboratory, had come from a major in and misleading information that the would like to be true, something I hope the Iraqi intelligence service, made gentleman from Massachusetts has is going to take place, I know that a available by the INC. identified tonight. little bell goes off, a little tremor Those watching us tonight should un- Our troops did not protect their takes place in me saying, wait a derstand that the INC is an anachro- flanks. They figured the most impor- minute, let us make sure that I am not nism for the Iraqi National Congress tant thing they had to do was get to being told something because I want to which is the creation of Ahmed Baghdad and stop any potential use of hear it, because I would like to believe Chalabi. these weapons of mass destruction it, because I want it to be so, particu- U.S. officials at first found the infor- against the American troops or the larly when the consequences are going mation credible, and the defector even British troops or against the Iraqi citi- to be those of life and death. passed a lie detector test, but in later zens; that the key was to get there as When you are making a recommenda- interviews it became apparent he was quickly as possible. And in that rush, tion and have the authority, particu- stretching the truth and had been which they successfully did, very larly as President of the United States, coached by the INC. bravely and courageously, they left as the Commander in Chief, have the This is a report from a respected their flanks exposed. The insurgency capacity and the authority to act on British newspaper that segues exactly started, and we began to lose soldiers that recommendation and to make it the reporting that was done in the right away because they were not tak- in turn to the people of this country, Washington Post. This is outrageous ing their time, they were not pro- then it is incumbent upon you, more and to think that this gentleman was tecting themselves. They thought they than perhaps any other person in this in this institution while sitting in the had to rush in. Nation, to be absolutely sure you know First Lady’s box during the State of I think you can put onto the heads of what you are talking about, what your the Union, meanwhile we had voted, these folks that gave us bad informa- sources are and how reliable they are, and many in this chamber on both tion the loss of life, the loss of Amer- not just because someone has told you sides of the aisle had voted a difficult ican life by our brave soldiers whose what you want to hear, but because vote, cast an extremely hard vote in leaders thought they had to adopt one you know it to be factual and the im- terms of war and peace based upon strategy based upon incorrect informa- plications to be clear in terms of war false intelligence? Then we are car- tion, when it would have been a little and peace. rying the burden, not just of the war safer for our troops to protect the Mr. DELAHUNT. Mr. Speaker, I but of the reconstruction. flanks, move more carefully and cau- know the gentleman has heard the We are the only Nation, that I am tiously, which I am sure they would term before, but when we speak of a aware of, that when we appropriated have done if they were not worried blind man in a room with deaf mutes, the moneys for Iraq did not insist that about these weapons of mass destruc- this is an apt description of absolutely it be paid back at any point in time. tion that did not exist. what has occurred in this particular All of the other donors insisted on Mr. ABERCROMBIE. Mr. Speaker, if case involving this particular indi- some sort of a loan arrangement and the gentleman will continue to yield, vidual by the name of Chalabi, Ahmed we did not, and if we really want to the question now then becomes, unless Chalabi, a convicted felon. pour salt on the wound, this is from the I missed something, this Chalabi is a But let me give another possible mo- Houston Chronicle, and it is dated Feb- hired gun. This Chalabi is a creature of tive. And again, this is simply a news ruary 21. The headline is the United the administration. He has no execu- story that I am reading to my col- States still paying the source of the tive authority here. He has no voting leagues and to those that are watching tainted intelligence. That is a Knight power. He does not make recommenda- here this evening, because I think it is Ridder outlet. Indulge me for a mo- tions to the President of the United very important that the American peo- ment while I read this to my col- States as an adviser, other than as a ple start to understand the dimensions leagues. hired hand. Where was the verification? and the magnitude of what occurred This man has a vested interest in get- here and the absolute need for a thor- b 2320 ting this country into war in Iraq. ough transparent presentation of all ‘‘The Department of Defense is con- What bothers me, what distresses me the facts over an extended period of tinuing to pay millions of dollars for is that what he was saying fits very time to the American people. information from the former Iraqi op- conveniently into the ideology and the This is not about politics. No, it is position group that produced some of philosophy and the foreign policy de- not. This is about the national security the exaggerated and fabricated intel- sires of some of the people who have of the United States and how we are ligence President Bush used to argue been most adamant in advocating war viewed by the rest of the world. Our his case for war.’’ with Iraq before the weapons of mass credibility is at risk here. If we per- We are paying now. Today. destruction principle was laid down as ceive another situation that is fraught ‘‘The Pentagon has set aside between the foundation for war with Iraq. with peril for our people, and we $3 million and $4 million this year for It is not as if it is a conspiracy. It is present intelligence to the rest of the the information collection program of not as if it is a hidden plot. It is not as world, who is going to believe us? the Iraqi National Congress led by if it is some diabolical machination Let me suggest another motive. This Ahmed Chalabi, said two senior U.S. of- taking place in secret. Matter of fact, is from Newsday, a New York paper, ficials and a U.S. defense official. They we have had dialogue. I have had dia- and it is dated February 15. ‘‘U.S. au- spoke on condition of anonymity be- logue and discussion personally with thorities in Iraq have awarded more cause intelligence programs are classi- those who advocated this, like Mr. than $400 million in contracts to a fied.’’ Perle, Mr. Kristol, Mr. Boot, Mr. Wool- start-up company that has extensive Mr. HOEFFEL. If the gentleman will sey, who himself was head of the CIA. family and, according to court docu- yield, as bad as the situation is that They published their articles. They ments, business ties with Ahmed the gentleman from Massachusetts has have their books written. They have Chalabi, the Pentagon favorite on the just described, it could be even worse, had this position for some time. Iraqi Governing Council. The chief ar- the impact of this faulty intelligence So it is not as if this is something chitect of the umbrella organization of on this country. Think back on the that I have suddenly discovered or oth- the resistance, the Iraqi National Con- military strategy that our Armed ers have suddenly discovered and now gress, Chalabi is viewed by many Iraqis Forces used. We all understand that are shocked. I am not. What shocks me as the hand-picked choice to rule our Armed Forces fought bravely, with is that people would take ostensible in- Iraq.’’

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.089 H24PT1 H558 CONGRESSIONAL RECORD — HOUSE February 24, 2004 What a disaster that would be. And why. He has played us for saps and These are the same lies and the same while we know there are very sensitive suckers, and the result is we have dead fabrications, the same prevarications, negotiations and discussions going on and wounded, grievously wounded. The the same falsehoods, the same mis- currently between elements in Iraq and result is the sacking of the Treasury of leading directions that took us into between the United Nations, clearly the United States, and the result is this war and continue to be repeated in Secretary General Kofi Annan has sent that we have had people whose ideolog- the face of the knowledge that we a special representative. He is in the ical bent in the administration was know them not to be true. process of reviewing it to make rec- such that they wanted to go to war How could it be that these continue ommendations as to how power is using each other, Chalabi using them, to be repeated? Is it any wonder that transitioned to the Iraqi people. Yet them using Chalabi, in the most cyn- Mr. Chalabi laughs at us? Is it any here we are discussing on the floor of ical fashion, the result of which we now wonder that he adopts a smug disposi- the House tonight the potential of hav- see before us. tion when we continue to support him, ing this particular individual as the He said, and I remind Members and we continue to pay him, we continue to hand-picked representative of Amer- those listening to us, what was said be- support the policies that he espoused, ican interests assuming a role in a fu- fore is not important. That which be- and he is able to say what was said be- ture Iraqi Government that clearly, came the justification for what we did fore is not important because obviously clearly most in the region, my earlier is not important. He got what he want- there are no penalties attached to it? reference to my conversation with ed. Those who wanted to have war with Mr. HOEFFEL. Mr. Speaker, we have King Hussein from Jordan, will find Iraq got what they wanted. They are talked quite a bit tonight about Ahmed particularly offensive. Clearly there is not paying the price. They are not the Chalabi, and rightly so; but he is not no support from the Iraqi people. ones who have to suffer for the rest of apparently the only favorite of the their lives either by having grievous American government involved in posi- b 2330 wounds or by having the irretrievable tioning themselves for leadership in Mr. ABERCROMBIE. Mr. Speaker, if loss of someone that they love as a re- Iraq. I may ask the gentleman from Massa- sult of this. In today’s Roll Call, one of the Hill chusetts, who did the hand picking? The question for us and the question newspapers, a fascinating front-page Who did the hand picking? He did not that we have to ask not just ourselves story titled ‘‘Iraqi Money Flows’’ de- pick himself. Is there someone in the but the American people are going to tailing how four different Iraqis seek- administration, are there a group of have to ask, is, is this going to be al- ing power in Iraq are paying over people in the administration? lowed? Is this going to be something $100,000 a month for lobbying costs and Mr. DELAHUNT. Of course there are that we are going to pass off? The fact public relations costs here in the U.S. people in the administration. that the Newsweek cover that the gen- capital. It is a million-dollar-plus an- Mr. ABERCROMBIE. Perhaps the tleman from Massachusetts (Mr. nual industry. gentleman can enlighten me by an- DELAHUNT) referred to in his remarks Mr. ABERCROMBIE. Mr. Speaker, swering that question. just previously could have a headline, where does the money come from? Mr. DELAHUNT. Let me read from ‘‘How Dick Cheney Sold the War,’’ the Mr. HOEFFEL. Mr. Speaker, I do not the original story that I discussed; we crass indifference of a headline like have a clue. Ahmed Chalabi and three are still paying for the tainted intel- that in terms of its implications, as if others listed in the article are paying ligence. The American taxpayers are you sell a war, not that you are driven up to a combined $100,000 a month. going to foot the bill for Ahmed into it, not that necessity forced you Mr. ABERCROMBIE. Mr. Speaker, if Chalabi to come to the United States to come to that sorry and reluctant Mr. Chalabi and his cohorts are paying and sit in the First Lady’s box. Let me conclusion, but rather how you sold this kind of money, what is the prin- read this: ‘‘The decision not to shut off the war. cipal source of income that we have al- funding for the information-gathering Nothing, I think, could be a com- ready enunciated for Mr. Chalabi and effort could become another liability mentary more persuasive to me of how his friends? for Bush as the Presidential campaign this has been manipulated, how this Mr. HOEFFEL. The principal source I heats up, and suggests that some with- has been maneuvered in a way that dis- know of is U.S. Government. in the administration are intent on se- credits this administration, discredits Mr. ABERCROMBIE. In other words, the U.S. taxpayers are paying this guy curing a key role for Chalabi in Iraq’s Mr. CHENEY in that role. He has yet to political future.’’ Chalabi, who built come to grips with it, and the White to in turn pay lobbyists in Washington close ties to officials in Vice President House and the administration as a to advocate his position and influence Members of Congress. CHENEY’s office, and among top Pen- whole has yet to come to grips with it, Mr. DELAHUNT. To influence Mem- tagon officials, is on the Iraqi Gov- because if my information is correct bers of Congress and influence the ad- erning Council, a body of 25 Iraqis in- and the information given to The ministration. stalled by the United States, to help Washington Post is correct, and this is administer the country following the something that one would have the op- b 2340 ouster of Saddam Hussein in April. portunity to see whether it is correct Mr. HOEFFEL. Before we get too car- So here we are. We received false in- unless it has changed since its publica- ried away with Chalabi, let me just formation, as the gentleman indicated tion on February 22 was that the Web make the point that is in the Roll Call in response to the gentleman from site for the White House, the White article. There were three others doing Pennsylvania (Mr. HOEFFEL) yielding. House official Web site cites the same this. One of them is the favorite of the He said the Americans are in Baghdad, false information today. It has not CIA to be the new Iraqi leader and a we got what we want, and he is con- changed since March. I quote from the third the favorite of the State Depart- tinuing to get paid. And according to Web site of the White House as of Feb- ment to be the new Iraqi leader. The reports from British newspapers, busi- ruary 22: ‘‘The United Nations and U.S. gentleman from Massachusetts is ness associates of his just secured more intelligence sources have known for right, the Defense Department has long than $400 million of American taxpayer some time that Saddam Hussein has wanted Chalabi to be the new leader of resources for contracts awarded by the materials to produce chemical and bio- the Iraqi Government. CPA, by Paul Bremer. logical weapons, but has not accounted Mr. DELAHUNT. The convicted Mr. ABERCROMBIE. Mr. Speaker, I for them: 26,000 liters of anthrax, felon. have never seen a picture or any film of enough to kill several million people; Mr. HOEFFEL. The favorite of the Mr. Chalabi when he was not smiling 38,000 liters of botulism toxin; 500 tons State Department is Adnan Pachachi, and when he did not have the smuggest of sarin mustard and VX nerve agents; who is another member of the current look on his face and when he did not and 30,000 munitions capable of deliv- interim government in Iraq as Chalabi have the demeanor of someone who had ering chemical agents.’’ And finally: is. And, according to Roll Call, the fa- pulled off a coup, when he did not have ‘‘He recently sought significant quan- vorite of the CIA is Ayad Allawi, also a a patronizing attitude towards those tities of uranium in Africa, according member of the Iraqi Governing Coun- doing the interview. I can understand to the British Government.’’ cil.

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.090 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H559 We have got a three-headed monster The three Iraqis began their public rela- for years in Washington cultivating friend- here. The administration itself cannot tions efforts in Washington more than a dec- ships with key players like Cheney, Paul agree on who should be the next leader ade after another Iraqi member of the Iraqi Wolfowitz and Richard Perle. Since 1986, Shea & Gardner has represented of the Iraqi Government. There are Governing Council—Ahmed Chalabi—began cultivating close ties to now-Vice President Chalabi and his Iraqi National Congress in three different agencies pushing three Cheney and other key administration offi- Washington for about $10,000 a month. One of different people. cials. the partners at Shea & Gardner is James Mr. DELAHUNT. We would hope that According to forms filed with the Justice Woolsey, the former CIA director. that would be the Iraqi people, because Department, Ayad Allawi, a member and Chalabi also gets help from Francis if we preach democracy, hopefully we former president of the Iraqi Governing Brooke, a political consultant, and Riva will abide by the decision that the Council, has begun an expensive lobbying Levinson of BKSH & Associates, the Wash- Iraqi people in an election reach on and public relations effort to press U.S. offi- ington firm founded by Charles Black, a cials to build a modern democratic govern- long-time ally of President Bush. their own. That is a message that I Those contacts have paid off: At this year’s think, and I think we speak for many ment that builds on Iraq’s existing founda- tions. State of the Union address, Chalabi sat in Members on both sides of the aisle Allawi has already paid more than $300,000 the VIP box with first lady Laura Bush. here, that yes, the absolute sine qua to Washington from Preston Gates Ellis & Chalabi also was one of the few Iraqis per- non, the essential ingredient to a de- Rouvelas Meeds LLP to help open doors on mitted to meet face to face with Saddam mocracy is to give voice to all of the Capital Hill and at the White House. Hussein in his cell in the hours after his cap- people, not some selected individuals Allawi also hired a former U.S. ambassador ture in late December. to coordinate his Washington effort and a Chalabi has long been considered the favor- hand-picked by DICK CHENEY, by the ite of Defense Department officials to lead CIA, or by anybody else to run the New York advertising firm that once worked for the Beatles to manage his image in the Iraq’s new government. However, his star appears to be fading as country for the Iraqis, because if that United States. happens, the American taxpayer is The public relations effort, which could top Pentagon officials question some of the mili- going to end up with a much larger bill $1 million this year, is funded by Mashal tary intelligence he provided before the war than we have already assumed. Nawab, an Iraqi-born physician who is a and as Iraqis increasingly view Chalabi as a ‘‘close friend and admirer’’ of Allawi, accord- pawn for the United States. Mr. HOEFFEL. The gentleman from Meanwhile, the State Department is ing to the Justice Department forms. Massachusetts is making a lot of sense thought to favor Pachachi, while the CIA Adnan Pachachi, another member and here, but the situation is made that backs Allawi. His main opponent in Wash- former president of Iraq’s interim govern- much worse by the fact we are not just ington is thought to be Chalabi, a distant ment, has also signed up a Washington pub- relative. trying to hand-pick the next leader lic relations firm to help him get his mes- Though Chalabi and Allawi both oppose an from Washington, but the Bush admin- sage across to the Bush administration and Iraqi government run by Islamics, they split istration has three different favorites, Congress. over the structure of a new secular govern- one from the Defense Department, one F. Wallace Hayes, working on a pro bono ment. from the State Department, one from basis for now, will write press releases for Chalabi would like to rid the country of the CIA. the 70-year-old Pachachi that ‘‘promote de- anything to do with Hussein’s Baath Party, Mr. ABERCROMBIE. If the gen- mocracy in Iraq,’’ according to the Justice while Chalabi—a member of the Baath Party tleman will yield, not having seen the Department forms. before it was hijacked by Hussein in the Meanwhile, Baqir Jabor, an Iraqi exile ap- 1970s—believes the new government should article, does the article go on to eluci- pointed by the United States to run Iraq’s be built upon the existing foundations. date for us who these individuals are housing and construction department, has who are doing the lobbying? Are there ‘‘There are options available to make use asked former Rep. Bob Livingston (R-La.) of the civil structures that are available in firms here? Are there American firms and his influential Washington lobbying firm Iraq rather than throwing everything out,’’ who are going to come to Members of to help arrange a series of meetings with the said R. Paul Stimers of Allawi’s lobbying Congress and advocate on behalf of Bush administration during his upcoming firm, Preston Gates. these individuals our appointees? visit to the United States. Allawi, a neuroscientist by training, sur- Mr. HOEFFEL. Yes. All the firms are Officials at Livingston Group said Jabor is vived a vicious assassination attempt in the not a formal client of the firm. Other details identified, the monthly retainers. It is late 1970s when Hussein allies tried to axe of Livingston’s work with Jabor are not yet him to death in his sleep. He later became a an interesting article. It is a million- available because Jabor first asked Living- dollar industry. source of important—and sometimes sus- ston for help only last month. pect—intelligence information to the CIA. Mr. ABERCROMBIE. Would the gen- The new public relations campaigns in After the war, he was appointed to the in- tleman consider submitting that arti- Washington come as the Bush administra- terim Iraqi Governing Council and tapped to cle for the RECORD so that those who tion struggles to complete an interim con- take charge of security for the country. want to read the article in the CON- stitution for Iraq by the end of the month in In Washington, Allawia and his British GRESSIONAL RECORD subsequent to our order to turn control of the government over benefactor last fall hired Patrick Theros, a discussion tonight will know all of the to Iraq this year. former U.S. ambassador to Qatar, to build In the past few days, it has become clear his base of support among key Members of details? that the United States will fail to meet both Mr. HOEFFEL. I will be delighted to Congress and the Bush administration. deadlines. Theros runs a consulting firm, Theros & do it. Over the weekend, the Kurds in northern Theros, with his wife and son out of their Mr. ABERCROMBIE. Mr. Speaker, I Iraq—which comprise 20 percent of the coun- home in a leafy section of Northwest Wash- will ask to have the article that the try—rejected key parts of the constitution. ington. gentleman from Pennsylvania is refer- Meanwhile, Paul Bremer, the U.S. adminis- With a total monthly budget that began at ring to entered into the RECORD as part trator in Iraq, acknowledged last week that $122,000, Allawi brought on New York public of our deliberation. it is unlikely that Iraq will be able to hold relations agency Brown Lloyd James Ltd.—a an election for at least another year. [From Roll Call, Feb. 24, 2004] firm that once represented the Beatles—for By hiring lobbyists in Washington, the $12,500 a month. IRAQI MONEY FLOWS Iraqi leaders hope to one day play a central For lobbying work, Allawi tapped Wash- (By Brody Mullins) role in the emerging government. ington lobbying shop Preston Gates for Several well-heeled Iraqis who hope to play The Iraqis who have hired lobbyists are $100,000 a month, though the firm has since central roles in Iraq’s emerging government each former exiles who want the United lowered its monthly retainer to less than have launched lobbying campaigns in Wash- States to create a democratically elected $50,000. ington to influence the Bush administration government. According to contracts filed with the Jus- and Congress as they work to shape a perma- Iraq’s Shiites make up as much as 60 per- tice Department, the firms will help Allawi nent government in Iraq. cent of the country and are better organized ‘‘gain U.S. government support for his policy The group of Iraqis, which include three than their political and ethnic rivals, the suggestions for Iraq’’ by ‘‘explain[ing] his members of the U.S.-created Iraqi Governing Kurds and the Sunnis. views on the security and political situation Council, are spending as much as $100,000 per The leader of Iraq’s Shiite conservatives, in Iraq.’’ month on lobbying firms and public relations Grand Ayatollah Ali al-Sistani, hopes to Theros, who is making about $10,000 a agents to press U.S. officials to create a schedule quick elections, knowing that he month from Allawi, plans to attend ‘‘public modern, democratic government that is not and his allies would dominate the govern- forums, seminars, events and meetings which dominated by Islamic conservatives. ment if elections are held soon. represent an opportunity’’ to express ‘‘It’s like they are running for president,’’ Allawi, Jabor and Pachachi share another Allawi’s ideas. said one U.S. official of the competing public rival in Chalabi. But unlike the Iraqi new- Allawi’s lobbying effort was expected to relations efforts in Washington. comers to Washington, Chalabi has worked end this spring when the United States was

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.092 H24PT1 H560 CONGRESSIONAL RECORD — HOUSE February 24, 2004 expected to hand control over the govern- something, I will certainly tell people that is distributed throughout the Cap- ment to Iraq. the whys and wherefores of it. But as a itol building. But with the prospects of meeting that Member of Congress and having had Mr. ABERCROMBIE. Mr. Speaker, if deadline dim, the lobbying and public rela- conversations with Mr. Woolsey con- the gentleman would yield again to me, tions campaign is expected to continue. cerning some of these issues, not to the newspaper article, again, I am pre- Mr. DELAHUNT. If the gentleman have that kind of information, I think, suming that it is accurate. Does it in- will yield, I think I can answer his is a subterfuge. dicate that this is a current relation- question at least in part here. As the I am sorry to say it. It pains me. It ship? gentleman from Pennsylvania just in- pains me to say that. What you just Mr. DELAHUNT. Let me read it dicated, there are rival camps now that said to me is, in fact, shocking. If peo- again, and let me go on because there presumably the American taxpayer is ple want to be cynical about it or think is more information. supporting in their lobbying efforts in that I am just making some rhetorical Mr. ABERCROMBIE. Mr. Speaker, I terms of securing more resources and flourish, they can think so, but it is realize I am taking time up here, but I more tax dollars from Congress and the not. I do not conduct my affairs that am genuinely upset and shocked by administration. But it would appear way. I do not deal with other people this because I feel personally used. I that Mr. Chalabi has an advantage. Ac- that way. I feel personally offended, to mean, some of these conversations cording to the Roll Call edition of tell you the truth, that such a thing took place on official trips of the today, it reports that unlike the Iraqi could take place. I had no idea that United States Government. newcomers to Washington, Chalabi has there was that kind of relationship, be- Mr. DELAHUNT. Again, I am reading worked for years in Washington culti- cause I think that might have colored for the gentleman’s benefit and for vating friendships with key players what was said to me. those who are viewing our conversation like CHENEY, like Vice President DICK Mr. DELAHUNT. I would hope, and here this evening: ‘‘Since 1986 Shea & CHENEY, Paul Wolfowitz and Richard yet it would appear to be a remote pos- Gardner has represented Chalabi and Perle, all gentlemen that we have sibility, given all that we know, that his Iraqi National Congress in Wash- heard from during the course of the de- Mr. Woolsey was unaware of the rep- ington for about $10,000 a month. One bate that many in the majority party resentation possibly by another part- of the partners at Shea & Gardner is have described as so-called ner. James Woolsey, the former CIA direc- neoconservatives. Mr. ABERCROMBIE. If the gen- tor. The Roll Call article goes on to indi- tleman will yield further, Mr. Woolsey ‘‘Chalabi also gets help from Francis cate that since 1986, Shea & Gardner has appeared on television numerous Brooke, a political consultant, and has represented Chalabi and his Iraqi times as a commentator. He has been Riva Levinson, the Washington firm National Congress in Washington for introduced as the former head of the founded by Charles Black, a long-time $10,000 a month. So Mr. Chalabi cer- CIA. I have seen him often making ally of President Bush. tainly was an individual of some afflu- commentary and being asked for his ‘‘These contacts have paid off: at this ence. Clearly that was the impression perspective, and never once have I year’s State of the Union address, that the Jordanians had when they heard on any of those television shows, Chalabi sat in the VIP box with the convicted him of embezzling some 300 never once, unless I missed it, maybe I first lady, Laura Bush. Chalabi was million American dollars from a sig- tuned in in the middle, maybe there is also one of the few Iraqis permitted to nificant financial institution in Jor- something that I missed, but I do not meet face to face with Saddam Hussein dan. But that was $10,000 a month. For believe ever once on any of those shows in his cell in the hours after his cap- your edification, for those of the view- that any of those hosts ever indicated ture in late December. ing audience, they should be aware that he is being paid by a member of ‘‘Chalabi has long been considered that one of the partners at Shea & the Governing Council, or that his firm the favorite of the Defense Department Gardner is James Woolsey, the former is being paid by a member of the Gov- officials to lead Iraq’s new govern- CIA Director who has been an out- erning Council, and that therefore, at ment.’’ spoken advocate for military interven- the very least, on the basis of full dis- Mr. HOEFFEL. Mr. Speaker, there is tion in Iraq. closure that we should know that so something else troubling about this. Mr. ABERCROMBIE. If the gen- that you can take that into account if The gentleman from Hawaii (Mr. ABER- tleman will yield, I want to make sure you think that is pertinent with re- CROMBIE) is correct and he is right to I understood really, because I have had spect to what he is saying. be personally offended by the lack of some conversations with Mr. Woolsey. I wonder if the hosts of some of these disclosure. And it is also clear from They were affable. I considered them television shows and radio shows and this article that a lot of money is being informative and straightforward. I just even those newspaper columnists who spent to influence the gentleman from want to make sure. You mean when he are quoting Mr. Woolsey are aware or Hawaii and me and the gentleman from was talking to me about these issues, whether they have made the inquiry as Massachusetts (Mr. DELAHUNT) and he was part of a firm that was being to whether or not such a situation ex- every other Member of Congress, and paid $10,000 a month by one of the indi- ists. What bothers me as a Member of we have a right to know who is being viduals, by Chalabi himself? Congress, does this mean that I have to paid to influence us and what the sub- Mr. DELAHUNT. By Chalabi himself. ask every single person that speaks to ject matter is. Mr. ABERCROMBIE. That was never me, every single person with whom I But the fact that this article also revealed to me. I must say, and I want have a conversation for a list of par- demonstrates that the Bush adminis- it on the record, that I resent that. If ticulars as to what their associations tration is pushing three different peo- I knew that at least, that is okay. I am are before I engage in a conversation or ple to be the next leader of the Iraq an adult. I am perfectly capable of dif- can expect on my part to receive infor- government leads to the following ferentiating between someone’s sin- mation that is the best judgment of question: What does come next in the cerely held views and business associa- this person rather than the paid retorts larger governance question? We know tions they might have. If somebody and paid-for positions of someone who that Paul Bremer has been advocating represents to me that, look, I just want is in the hire of somebody else? on behalf of the Bush administration to tell you that we have a business re- Mr. DELAHUNT. I share your dis- this concept of caucuses, that when the lationship with this person, but I hope appointment. I really do. I find it so in- Bush administration leaves Iraq on you will grant me that I am speaking credulous that I will presume that June 30, at least the civil authority is to you, giving you my best and sin- there is some responsible answer why pulled out, that Paul Bremer has been cerest personal judgment regardless of that disclosure was never made. pushing for caucuses to take the place my connection, I can accept that, and of direct elections and somehow lead to I would have, surely, because I like to b 2350 a representative form of self-govern- think that I am a person, I hope, of Maybe this is a question of inac- ment for Iraq. some integrity, and I would do the curate reporting, but this is what ap- The problem is none of the Iraqis like same. If I have strong views about peared today in the Roll Call magazine that idea. The head of the majority

VerDate jul 14 2003 03:35 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.039 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H561 Shiite Muslims do not like that idea. tive, particularly on issues of war and rogance. And it is time to lay every- The Kurds do not like that idea. That peace, life and death. The folks know thing out on the table or the American is not going to happen. What is going and the Speaker knows that I am a people will lose confidence, not only in to take the place of the American-ap- member of the Committee on Armed the President but in the Congress. pointed 25-member group of what most Services and those are the kinds of Mr. ABERCROMBIE. Can we con- Iraqis think are American puppets, the things we vote on every day, and I clude, Mr. Speaker, by saying that, at Iraqi Governing Council, what is going think every member there, regardless least for the three of us I think I can to take their place, particularly if the of party, takes seriously, deadly seri- speak, there will be openness and Bush administration has three dif- ously, I might say without any sense of transparency and accountability on ferent favorites to lead the next gov- irony attached to it, take seriously this floor. ernment? What comes next? We have their responsibility. Mr. HOEFFEL. Mr. Speaker, I thank got an arbitrary deadline set by the But we are dependent in the Congress my colleagues for their comments. Iraq President of June 30 to withdraw the on getting good information. The Watch will be back next week. civilian authority, a date that seems President of the United States is de- f more based upon the upcoming election pendent upon getting good information LEAVE OF ABSENCE than any ability of the Iraqi people to and making solid judgments based on actually conduct a self-government. that information. Anybody who fails to By unanimous consent, leave of ab- Mr. DELAHUNT. Mr. Speaker, is the give the best possible information with sence was granted to: gentleman suggesting that there is no the fullest knowledge behind it and the Ms. KILPATRICK (at the request of Ms. exit strategy? resources is undermining the Constitu- PELOSI) for today on account of per- Mr. HOEFFEL. I could not have said tion of the United States and failing sonal reasons. it better. There is clearly no exit strat- their responsibilities as a citizen. In Mr. ORTIZ (at the request of Ms. egy. In fact, there are three different this regard, then, I feel ill used in this PELOSI) for today on account of travel strategies, if the Roll Call article is process by Mr. Woolsey, and I feel very problems. correct, about who is supposed to lead definitely that the press and the Con- Mr. OSE (at the request of Mr. the next government, and all of this is gress need to make inquiries of every- DELAY) for today on account of family supposed to come to fruition by June body who comes before us presenting reasons. 30. that information and perspective to us f Iraq Watch has to come to fruition in upon which we have to act in matters SPECIAL ORDERS GRANTED 5 minutes tonight. I want to give my of life and death. Everybody has to two colleagues an opportunity to make have the fullest inquiry made of them By unanimous consent, permission to any closing comments. as to what their sources of income are address the House, following the legis- Mr. ABERCROMBIE. Mr. Speaker, I and what their sources of information lative program and any special orders would just like to say in that regard are, whether they are tainted. heretofore entered, was granted to: that this is my 30th year in public serv- Mr. HOEFFEL. Mr. Speaker, if I can (The following Members (at the re- ice. I have made friendships and con- add to the gentleman’s comments, spe- quest of Mr. DEFAZIO) to revise and ex- ducted business, legislative business, cifically about what appeared to be the tend their remarks and include extra- and evolved personal relationships over distortions of information in Iraq. I am neous material:) those 30 years with a great number of not speaking of Mr. Woolsey. I am Mr. DEFAZIO, for 5 minutes, today. individuals. I have particularly valued speaking of the Iraqi Governing Coun- Mr. EMANUEL, for 5 minutes, today. those who are sometimes disparagingly cil representatives, Mr. Chalabi and Mr. PALLONE, for 5 minutes, today. referred to as special interests or lob- others. I do not want to see them ben- Mr. CONYERS, for 5 minutes, today. byists as if that is seen by many people efit any more than they already have Mr. OWENS, for 5 minutes, today. as a derogatory term or a term of deni- from their relationships if they have Mrs. MCCARTHY of New York, for 5 gration. And I do not see it that way. misled this country and this govern- minutes, today. I want to make it clear in terms of my ment, and I hope that Congress can fig- Ms. LEE, for 5 minutes, today. expressed disappointment with regard ure out a way to deny those individ- Mr. BLUMENAUER, for 5 minutes, to this revelation about Mr. Woolsey; uals, if we can show they intentionally today. and now I guess I am going to have to misled us, from any further contract Mr. DAVIS of Illinois, for 5 minutes, wonder about everybody else too that I with the U.S. Government, benefit today. have a conversation with, I am not try- from the U.S. Government, promotion Mrs. MALONEY, for 5 minutes, today. ing to keep people from making a liv- by the U.S. Government. If we have Ms. WATERS, for 5 minutes, today. ing. been intentionally misled, if we had Mr. MEEKs of New York, for 5 min- It does not bother me any. As I say, gone to war in part under their false utes, today. I have friends who lobby on behalf of comments and under false pretenses, Mr. PAYNE, for 5 minutes, today. what are called special interests. We and particularly, as I believe happened, Ms. CORRINE BROWN of Florida, for 5 all have special interests. We are a there have been additional American minutes, today. multiplicity of special interests. One deaths because of that faulty informa- Ms. NORTON, for 5 minutes, today. has only to read the Federalist Papers tion, we need to cut off those relation- Mr. GEORGE MILLER of California, for to understand that. In fact, it can be ships and prohibit any further financial 5 minutes, today. seen as the bulwark of a democratic re- relationships with these malfeasors. Ms. WATSON, for 5 minutes, today. public because we do have factions and I yield to the gentleman from Massa- Ms. CARSON of Indiana, for 5 minutes, many interests competing with one an- chusetts (Mr. DELAHUNT). today. other for attention and for approba- Mr. DELAHUNT. Mr. Speaker, I Mr. STRICKLAND, for 5 minutes, tion. There is no question about that. thank the gentleman for yielding. I today. The only question to be answered in think what he is saying is what we Ms. JACKSON-LEE of Texas, for 5 min- that is do we know that, do we know need is something that does not exist utes, today. who they are and what they are and here in Washington at this moment in (The following Members (at the re- why they are and so on so we can dis- our history. And that is openness and quest of Mr. BURTON of Indiana) to re- cern what the difference is? transparency and accountability, and vise and extend their remarks and in- I have no problem with people who it is not happening. To think that, and clude extraneous material:) are our friends, personal and otherwise, I do not know whether it was the gen- Mr. DEAL of Georgia, for 5 minutes, making their positions known to me or tleman from Pennsylvania (Mr. February 25. to anyone else in the Congress or any- HOEFFEL) or the gentleman from Ha- Mr. HENSARLING, for 5 minutes, Feb- where else in public office. What both- waii (Mr. ABERCROMBIE) that men- ruary 25. ers me is when positions are rep- tioned it, they continued to benefit and Mr. OSBORNE, for 5 minutes, today. resented to us and we do not know that with an attitude that arrogance is not Mr. BURGESS, for 5 minutes, February someone, in fact, is a paid representa- a suitable adjective. It is far beyond ar- 25.

VerDate jul 14 2003 04:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.094 H24PT1 H562 CONGRESSIONAL RECORD — HOUSE February 24, 2004 Mr. BURTON of Indiana, for 5 minutes, Low-Income Home Energy Assistance Act of ees, to enhance program protections, and for today and February 25. 1981, and the Assets for Independence Act; to other purposes. Mr. SOUDER, for 5 minutes, today and the Committee on Education and the Work- force and in addition to the Committee on f February 25. Energy and Commerce, and the Committee Mr. KING of Iowa, for 5 minutes, Feb- on Ways and Means for a period to be subse- SENATE ENROLLED BILL SIGNED ruary 25. quently determined by the Speaker, in each The SPEAKER announced his signa- Mr. KIRK, for 5 minutes, today. case for consideration of such provisions as ture to an enrolled bill of the Senate of Mr. NUSSLE, for 5 minutes, today. fall within the jurisdiction of the committee the following title: Mr. GILCHREST, for 5 minutes, Feb- concerned. ruary 25. f S. 523. An act to make technical correc- tions to laws relating to Native Americans, Mr. GARRETT of New Jersey, for 5 ENROLLED BILL SIGNED and for other purposes. minutes, today. Mr. Trandahl, Clerk of the House, re- f f ported and found truly enrolled a bill SENATE BILL REFERRED of the House of the following title, ADJOURNMENT which was thereupon signed by the A bill of the Senate of the following Speaker: Mr. HOEFFEL. Mr. Speaker, I move title was taken from the Speaker’s that the House do now adjourn. H.R. 743. An act to amend the Social Secu- table and, under the rule, referred as rity Act and the Internal Revenue Code of The motion was agreed to; accord- follows: 1986 to provide additional safeguards for So- ingly (at midnight), the House ad- S. 1786. An act to revise and extend the cial Security and Supplemental Security In- journed until tomorrow, Wednesday, Community Services Block Grant hAct, the come beneficiaries with representative pay- February 25, 2004, at 10 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the fourth quarter of 2003 and the first quarter of 2004, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HON. PHIL S. ENGLISH, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN DEC. 18 AND DEC. 21, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Phil S. English ...... 12/18 12/21 Germany ...... 390.42 482.00 ...... 6,385.92 ...... 6,867.92 Committee total ...... 390.42 482.00 ...... 6,385.92 ...... 6,867.92 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. PHIL S. ENGLISH, Jan. 27, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. AARON H. LEVY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 5 AND JAN. 10, 2004

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Aaron H. Levy ...... 1/8 1/10 UK ...... 478 874.00 ...... 478.00 874.00 1/5 1/8 Israel ...... 4,871 1,092.00 ...... 472.00 106.89 5,343.00 1,198.00 Committee total ...... 2,072.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. AARON H. LEVY, Jan. 26, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar Arrival Departure Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Bob Goodlatte ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00 12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Hon. Doug Ose ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00 12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Hon. Tom Osborne ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00 12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Hon. Sam Graves ...... 12/11 12/13 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/14 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 Hon. Dennis Rehberg ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00 12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Hon. Leonard Boswell ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00 12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Hon. Randy Neugebauer ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00 12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Laverne Hubert ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00

VerDate jul 14 2003 04:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 8634 E:\CR\FM\K24FE7.097 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H563 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Brent Gattis ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00 12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Lynn Gallagher ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00 12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Jason Vaillan Court ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00 12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Elyse Bauer ...... 12/13 12/14 Germany ...... 241.00 ...... (3) ...... 241.00 12/14 12/16 Uzbekistan ...... 666.00 ...... (3) ...... 666.00 12/16 12/18 Kuwait ...... 804.00 ...... (3) ...... 804.00 12/18 12/19 Italy ...... 461.00 ...... (3) ...... 461.00 Committee total ...... 24,937.00 ...... 24,937.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BOB GOODLATTE, Chairman, Jan. 21, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Kay Granger ...... 10/3 10/5 Canada ...... 753.00 ...... 753.00 Commercial airfare ...... 2,210.71 ...... 2,210.71 Hon. C.W. Bill Young ...... 10/22 10/23 Spain ...... 298.00 ...... (3) ...... 298.00 10/23 10/28 Italy ...... 614.00 ...... (3) ...... 614.00 Hon. Jim Kolbe ...... 10/22 10/23 Spain ...... 298.00 ...... (3) ...... 298.00 10/23 10/28 Italy ...... 614.00 ...... (3) ...... 614.00 Hon. Rodney Frelinghuysen ...... 10/22 10/23 Spain ...... 298.00 ...... (3) ...... 298.00 10/23 10/28 Italy ...... 614.00 ...... (3) ...... 614.00 David Jolly ...... 10/22 10/23 Spain ...... 298.00 ...... (3) ...... 298.00 10/23 10/28 Italy ...... 614.00 ...... (3) ...... 614.00 Hon. Jim Kolbe ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/11 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 Scott B. Gudes ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/11 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 John Blazey ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/11 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 Hon. James P. Moran ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/11 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 Hon. John E. Sweeney ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/11 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 Hon. Jo Ann Emerson ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/11 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 Hon. Dave Weldon ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/11 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 Hon. Charles H. Taylor ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/11 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 Hon. Tom Latham ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/10 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 Hon. Patrick J. Kennedy ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/11 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 Hon. David E. Price ...... 11/8 11/10 Jordan (and Iraq) ...... 476.00 ...... (3) ...... 476.00 11/10 11/11 Syria ...... 262.75 ...... (3) ...... 262.75 11/11 11/12 Germany ...... 241.00 ...... (3) ...... 241.00 Hon. David Hobson ...... 11/15 11/17 Kuwait ...... 804.00 ...... (3) ...... 804.00 Hon. Robert Aderholt ...... 11/15 11/17 Kuwait ...... 804.00 ...... (3) ...... 804.00 Hon. Steny Hoyer ...... 11/15 11/17 Kuwait ...... 804.00 ...... (3) ...... 804.00 Brian Potts ...... 11/15 11/17 Kuwait ...... 300.00 ...... (3) ...... 300.00 Sarah Young ...... 11/13 11/16 Germany ...... 300.00 ...... (3) ...... 300.00 11/16 11/18 Italy ...... 1,000.00 ...... (3) ...... 1,000.00 Commercial airfare ...... 4,946.28 ...... 4,946.28 Hon. Frank Wolf ...... 12/3 12/7 Jordan (and Iraq) ...... 916.00 ...... 916.00 Commercial airfare ...... 6,945.52 ...... 6,945.52 John Shank ...... 11/30 12/2 United Kingdom ...... 842.00 ...... 842.00 12/2 12/4 Bulgaria...... 530.00 ...... 530.00 12/4 12/7 Italy...... 1,383.00 ...... 1,383.00 Commercial airfare ...... 6,131.37 ...... 6,131.37 Beverly Aimaro Pheto ...... 11/30 12/2 Hong Kong ...... 822.00 ...... 822.00 12/2 12/4 Thailand...... 456.00 ...... 456.00 12/4 12/6 Singapore...... 512.00 ...... 512.00 Commercial airfare ...... 7,311.93 ...... 7,311.93 Elizabeth A. Phillips ...... 12/3 12/10 Italy ...... 2,100.00 ...... 2,100.00 ...... 681.81 ...... 681.81 Commercial airfare ...... 5,796.22 ...... 5,796.22 Hon. Dave Weldon ...... 11/30 12/2 Zambia ...... 690.00 ...... 690.00 12/2 12/3 Rwanda...... 201.00 ...... 201.00 12/3 12/4 Kenya...... 295.00 ...... 295.00 Commercial airfare ...... 8,871.06 ...... 8,781.06 John Blazey ...... 12/8 12/18 India ...... 2,488.00 ...... 2,488.00 Commercial airfare ...... 9,410.00 ...... 0,410.00

VerDate jul 14 2003 04:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 8634 E:\CR\FM\A24FE7.001 H24PT1 H564 CONGRESSIONAL RECORD — HOUSE February 24, 2004 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003—Contin- ued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jack Kingston ...... 12/11 12/13 Kuwait (and Iraq) ...... 804.00 ...... (3) ...... 804.00 12/14 12/14 Germany...... 191.00 ...... (3) ...... 191.00 Committee total ...... 32,904.00 ...... 51,533.09 ...... 681.81 ...... 85,118.90 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military airtransportation. BILL YOUNG, Chairman, Jan. 28, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, OFFICE OF SURVEYS AND INVESTIGATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Thomas K. Baker ...... 10/26 11/1 United Kingdom ...... 1,458.25 ...... 7,669.90 ...... 247.25 ...... 9,375.40 Carroll L. Hauver ...... 10/26 11/1 United Kingdom ...... 1,458.25 ...... 7,669.90 ...... 232.65 ...... 9,360.80 James A. Higham ...... 11/5 11/9 Korea ...... 1,042.50 ...... 4,651.52 ...... 27.04 ...... 5,721.06 William J. McGinnis ...... 11/5 11/9 Korea ...... 1,042.50 ...... 4,651.52 ...... 39.00 ...... 5,733.02 Robert H. Pearre, Jr...... 11/5 11/9 Korea ...... 1,112.00 ...... 4,651.52 ...... 117.72 ...... 5,881.24 Robert J. Reitwiesner ...... 10/26 11/1 United Kingdom ...... 1,458.25 ...... 7,669.90 ...... 377.19 ...... 9,505.34 Committee total ...... 7,571.75 ...... 36,964.26 ...... 1,040.85 ...... 45,576.86 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. THOMAS K. BAKER.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Visit to Turkey, Kuwait, Iraq, Bahrain, Qatar, Saudi Arabia, and the United Kingdom, October 9–15, 2003: Hon. Jim Saxton ...... 10/9 10/10 Turkey ...... 281.00 ...... 281.00 10/10 10/14 Kuwait ...... 1,556.00 ...... 1,556.00 10/11 10/12 Iraq (day trips) ...... 10/13 10/13 Bahrain ...... 10/13 10/13 Qatar ...... 10/14 10/14 Saudi Arabia ...... 10/14 10/15 United Kingdom ...... 403.00 ...... 403.00 Hon. Jim Turner ...... 10/9 10/10 Turkey ...... 281.00 ...... 281.00 10/10 10/14 Kuwait ...... 1,556.00 ...... 1,556.00 10/11 10/12 Iraq (day trips) ...... 10/13 10/13 Bahrain ...... 10/13 10/13 Qatar ...... 10/14 10/14 Saudi Arabia ...... 10/14 10/15 United Kingdom ...... 403.00 ...... 403.00 Hon. John M. McHugh ...... 10/9 10/10 Turkey ...... 281.00 ...... 281.00 10/10 10/14 Kuwait ...... 1,556.00 ...... 1,556.00 10/11 10/12 Iraq (day trips) ...... 10/13 10/13 Bahrain ...... 1/13 1/13 Qatar ...... 10/14 10/14 Saudia Arabia ...... 10/14 10/15 United Kingdom ...... 403.00 ...... 403.00 Hon. Michael Turner ...... 10/9 10/10 Turkey ...... 281.00 ...... 281.00 10/10 10/14 Kuwait ...... 1,556.00 ...... 1,556.00 10/11 10/12 Iraq (day trips) ...... 10/13 10/13 Bahrain ...... 10/13 10/13 Qatar ...... 1/14 1/14 Saudi Arabia ...... 10/14 10/15 United Kingdom ...... 403.00 ...... 403.00 Hon. John Kline ...... 10/9 10/10 Turkey ...... 281.00 ...... 281.00 10/10 10/14 Kuwait ...... 1,556.00 ...... 1,556.00 10/11 10/12 Iraq (day trips) ...... 10/13 10/13 Bahrain ...... 10/13 10/13 Qatar ...... 10/14 10/14 Saudi Arabia ...... 10/14 10/15 United Kingdom ...... 403.00 ...... 403.00 Thomas E. Hawley ...... 10/9 10/10 Turkey ...... 281.00 ...... 281.00 10/10 10/14 Kuwait ...... 1,556.00 ...... 1,556.00 10/11 10/12 Iraq (day trips) ...... 10/13 10/13 Bahrain ...... 10/13 10/13 Qatar ...... 10/14 10/14 Saudi Arabia ...... 10/14 10/15 United Kingdom ...... 403.00 ...... 403.00 William H. Natter ...... 10/9 10/10 Turkey ...... 281.00 ...... 281.00 10/10 10/14 Kuwait ...... 1,556.00 ...... 1,556.00 10/11 10/12 Iraq (day trips) ...... 10/13 10/13 Bahrain ...... 10/13 10/13 Qatar ...... 10/14 10/14 Saudi Arabia ...... 10/14 10/15 United Kingdom ...... 403.00 ...... 403.00 Visit to Iraq and Kuwait, October 18–19, 2003: Hon. Mac Thornberry ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ...... Hon. Vic Snyder ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ...... Hon. Rob Simmons ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ...... Hon. Baron P. Hill ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ......

VerDate jul 14 2003 04:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 8634 E:\CR\FM\A24FE7.001 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H565 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003—Contin- ued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Tom Cole ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ...... Hon. Madeline Z. Bordallo ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ...... Hon. Mike Rogers ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ...... Douglas C. Roach ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ...... Debra S. Wada ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ...... Harald O. Stavenas ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ...... Jesse D. Tolleson ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 10/18 10/19 Iraq (day trips) ...... Hon. Mac Thornberry ...... 10/18 10/19 Kuwait ...... 389.00 ...... 389.00 Visit to El Salvador, December 4–6, 2003: Mr. 12/14 12/6 El Salvador ...... 412.50 ...... 412.50 Hugh N. Johnston, Jr.. Commercial transportation ...... 923.00 ...... 923.00 Visit to Spain, Italy, Syria, Israel, Turkey and Ire- land With Codel Cox, December 10–18, 2003: Hon. Jeff Miller ...... 12/10 12/11 Spain ...... 357.00 ...... 357.00 12/11 12/12 Italy ...... 922.00 ...... 922.00 12/13 12/14 Syria ...... 268.00 ...... 268.00 12/14 12/15 Israel ...... 362.00 ...... 362.00 12/15 12/17 Turkey ...... 828.00 ...... 828.00 12/17 12/18 Ireland ...... 308.00 ...... 308.00 Visit to Kuwait, Iraq and Germany, December 11– ...... 14, 2003: Hon. Howard P. ‘‘Buck’’ Mckeon ...... 12/11 12/13 Kuwait ...... 804.00 ...... 804.00 12/12 12/13 Iraq (day trips) ...... 12/14 12/14 Germany ...... 191.00 ...... 191.00 Hon. Frank LoBiondo ...... 12/11 12/13 Kuwait ...... 804.00 ...... 804.00 12/12 12/13 Iraq (day trips) ...... 12/14 12/14 Germany ...... 191.00 ...... 191.00 Hon. Jim Cooper ...... 12/11 12/13 Kuwait ...... 804.00 ...... 804.00 12/12 12/13 Iraq (day trips) ...... 12/14 12/14 Germany ...... 191.00 ...... 191.00 John D. Chapla ...... 12/11 12/13 Kuwait ...... 804.00 ...... 804.00 12/12 12/13 Iraq (day trips) ...... 12/14 12/14 Germany ...... 191.00 ...... 191.00 Jeremiah J. Gertler ...... 12/11 12/13 Kuwait ...... 804.00 ...... 804.00 12/12 12/13 Iraq (day trips) ...... 12/14 12/14 Germany ...... 191.00 ...... 191.00 Lynn W. Henselman ...... 12/11 12/13 Kuwait ...... 804.00 ...... 804.00 12/12 12/13 Iraq (day trips) ...... 12/14 12/14 Germany ...... 191.00 ...... 191.00 Visit to Germany, December 13–17, 2003: Ronald 12/13 12/17 Germany ...... 884.00 ...... 884.00 S. Phillips. Visit to Bosnia, Kosovo and Austria, December 15–19, 2003: William H. Natter ...... 12/15 12/18 Bosnia ...... 518.00 ...... 518.00 12/18 12/18 Kosovo ...... 12/18 12/19 Austria ...... 293.00 ...... 293.00 Commercial transportation ...... 5,327.02 ...... 5,327.02 Visit to Kuwait, Iraq, Bahrain, Afghanistan and Djibouti, December 15–19, 2003: Henry J. Schweiter ...... 12/15 12/17 Kuwait ...... 804.00 ...... 804.00 12/16 12/17 Iraq (day trips) ...... 12/17 12/19 Bahrain ...... 646.00 ...... 646.00 12/18 12/18 Afghanistan ...... 12/19 12/19 Djibouti ...... Visit to Kuwait, Iraq and Germany, December 20– 23, 2003: Hon. Roscoe G. Bartlett ...... 12/20 12/22 Kuwait ...... 800.00 ...... 800.00 12/21 12/22 Iraq (day trips) ...... 12/22 12/23 Germany ...... 200.00 ...... 200.00 Hon. Gene Taylor ...... 12/20 12/22 Kuwait ...... 800.00 ...... 800.00 12/21 12/22 Iraq (day trips) ...... 12/22 12/23 Germany ...... 200.00 ...... 200.00 Hon. Phil Gingrey ...... 12/20 12/22 Kuwait ...... 800.00 ...... 800.00 12/21 12/22 Iraq (day trips) ...... 12/22 12/23 Germany ...... 200.00 ...... 200.00 Hon. Loretta Sanchez ...... 12/19 12/22 Kuwait ...... 1,056.00 ...... 1,056.00 12/21 12/22 Iraq (day trips) ...... 12/22 12/23 Germany ...... 200.00 ...... 200.00 Commercial transportation ...... 1,532.51 ...... 1,532.51 Douglas C. Roach ...... 12/20 12/22 Kuwait ...... 800.00 ...... 800.00 12/21 12/22 Iraq (day trips) ...... 12/22 12/23 Germany ...... 200.00 ...... 200.00 Mary Ellen Fraser ...... 12/20 12/22 Kuwait ...... 800.00 ...... 800.00 12/21 12/22 Iraq (day trips) ...... 12/22 12/23 Germany ...... 200.00 ...... 200.00 Hugh Brady ...... 12/20 12/22 Kuwait ...... 800.00 ...... 800.00 12/21 12/22 Iraq (day trips) ...... 12/22 12/23 Germany ...... 200.00 ...... 200.00 Committee total ...... 39,782.50 ...... 7,782.53 ...... 47,565.03 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DUNCAN HUNTER, Chairman, Jan. 30, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jo Bonner ...... 12/11 12/13 Kuwait ...... 804.00 ...... 804.00 12/12 12/13 Iraq (day trips) ...... 12/14 12/14 Germany ...... 191.00 ...... 191.00

VerDate jul 14 2003 04:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 8634 E:\CR\FM\A24FE7.001 H24PT1 H566 CONGRESSIONAL RECORD — HOUSE February 24, 2004 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003—Contin- ued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Committee total ...... 995.00 ...... 995.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JIM NUSSLE, Chairman, Jan. 30, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. J. Gresham Barrett ...... 10/18 10/19 Kuwait ...... 389.00 ...... (3) ...... 389.00 10/18 10/19 Iraq (day trips) ...... (3) ...... Hon. Michael Oxley ...... 11/15 11/15 Jordan ...... (3) ...... 11/15 11/15 Iraq ...... (3) ...... 11/15 11/17 Kuwait ...... 804.00 ...... (3) ...... 804.00 11/16 11/16 Iraq ...... (3) ...... Hon. Ginny Brown-Waite ...... 11/15 11/15 Jordan ...... (3) ...... 11/15 11/15 Iraq ...... (3) ...... 11/15 11/17 Kuwait ...... 804.00 ...... (3) ...... 804.00 11/16 11/16 Iraq ...... (3) ...... Committee total ...... 1,997.00 ...... 1,997.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3Military air transportation. MICHAEL G. OXLEY, Chairman, Jan. 29, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOUSE ADMINISTRATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. (3)1, 200(3)

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Ar- Depar- Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent rival ture currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BOB NEY, Chairman, Jan. 20, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

David Adams ...... 10/22 10/28 Egypt ...... 969.00 ...... 5,906.00 ...... 6,875.00 Hon. Cass Ballenger ...... 10/22 10/29 Venezuela ...... 268.00 ...... (3) ...... 268.00 11/29 12/1 Venezuela...... 496.00 ...... 2,880.90 ...... 3,376.90 Hon. Chris Bell ...... 10/24 10/27 Jordan ...... 1,190.00 ...... 1,190.00 10/27 10/28 Turkey...... 281.00 ...... (3) ...... 281.00 Patrick Brennan ...... 10/22 10/24 Venezuela ...... 496.00 ...... (3) ...... 496.00 11/29 12/01 Venezuela...... 496.00 ...... 2,496.40 ...... 2,992.40 Hon. Steve Chabot ...... 10/22 10/27 Jordan ...... 1,190.00 ...... 1,190.00 10/27 10/28 Turkey...... 281.00 ...... (3) ...... 281.00 Hon. Jo Ann Davis ...... 10/9 10/13 Italy ...... 1,784.00 ...... 1,784.00 10/13 10/14 Poland...... 88.00 ...... (3) ...... 88.00 Hon. William Delahunt ...... 10/22 10/24 Venezuela ...... 596.00 ...... (3) ...... 596.00 Hon. Jeff Flake ...... 12/15 12/18 Israel ...... 915.50 ...... 915.50 12/18 12/19 ...... 255.00 ...... (3) ...... 255.00 Hon. Elton Gallegly ...... 11/29 11/30 Japan ...... 194.00 ...... 194.00 11/30 12/12 Thailand...... 2,640.00 ...... 2,640.00 11/29 12/12 ...... 4 4,902.13 ...... 4 4,902.13 Kirsti Garlock ...... 12/15 12/19 Greece ...... 928.00 ...... 4,625.07 ...... 5,553.07 Kristen Gilley ...... 12/15 12/19 Greece ...... 903.00 ...... 3,753.04 ...... 4,656.04 Hon. Mark Green ...... 10/22 10/27 Jordan ...... 1,190.00 ...... 1,190.00 10/27 10/28 Turkey...... 281.00 ...... (3) ...... 281.00 Hon. Peter King ...... 10/22 10/27 Jordan ...... 1,190.00 ...... 1,190.00 10/27 10/28 Turkey...... 281.00 ...... (3) ...... 281.00 Robert King ...... 10/22 10/27 Jordan ...... 1,190.00 ...... 1,190.00 10/27 10/28 Turkey ...... 281.00 ...... (3) ...... 281.00 Hon. Thomas Lantos ...... 10/23 10/24 Israel ...... 362.00 ...... 362.00 10/24 10/27 Jordan ...... 952.00 ...... (3) ...... 952.00 10/27 10/28 Turkey ...... 281.00 ...... (3) ...... 281.00 David Lee ...... 12/10 12/11 United Kingdom ...... 742.00 ...... 742.00 12/11 12/13 Austria ...... 486.00 ...... 486.00 12/13 12/17 Turkey ...... 914.00 ...... 914.00 12/10 12/17 ...... 4 6,912.00 ...... 4 6,912.00 Jessica Lewis ...... 11/29 12/01 Venezuela ...... 339.00 ...... 2,496.00 ...... 2,835.00 Noelle Lusane ...... 12/11 12/13 Ghana ...... 416.00 ...... 5,909.92 ...... 6,325.92 Caleb McCarry ...... 10/22 10/24 Venezuela ...... 481.00 ...... (3) ...... 481.00 Hon. Betty McCollum ...... 10/22 10/27 Jordan ...... 1,190.00 ...... 1,190.00 10/27 10/28 Turkey ...... 281.00 ...... (3) ...... 281.00 Hon. Thaddeus McCotter ...... 12/5 12/7 Italy ...... 922.00 ...... 3,612.15 ...... 4,534.15 John Mackey ...... 11/10 11/16 Colombia ...... 225.00 ...... 1,966.90 ...... 2,191.90 12/10 12/11 United Kingdom ...... 742.00 ...... 742.00 12/11 12/13 Austria ...... 486.00 ...... 486.00

VerDate jul 14 2003 04:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 8634 E:\CR\FM\A24FE7.001 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H567 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

12/13 12/17 Turkey ...... 914.00 ...... 914.00 12/10 12/17 ...... 4 6,912.00 ...... 4 6,912.00 Alan Makovsky ...... 10/23 10/24 Israel ...... 362.00 ...... 362.00 10/24 10/27 Jordan ...... 952.00 ...... 952.00 10/27 10/28 Turkey ...... 281.00 ...... (3) ...... 281.00 Hon. Gregory Meeks ...... 10/22 10/24 Venezuela ...... 596.00 ...... (3) ...... 596.00 Paul Oostburg-Sanz ...... 10/22 10/24 Venezuela ...... 390.00 ...... 390.00 11/7 11/11 Brazil ...... 605.00 ...... 7,069.31 ...... 7,674.31 Hon. Donald Payne ...... 12/11 12/13 Ghana ...... 416.00 ...... 6,073.42 ...... 6,489.42 Patrick Prisco ...... 10/8 10/12 Italy ...... 1,584.00 ...... 5,589.09 ...... 7,173.09 Hon. Edward Royce ...... 10/22 10/27 Jordan ...... 1,190.00 ...... 1,190.00 10/27 10/28 Turkey ...... 281.00 ...... (3) ...... 281.00 Jonathan Scharfen ...... 12/10 12/11 United Kingdom ...... 742.00 ...... 742.00 12/11 12/13 Austria ...... 486.00 ...... 486.00 12/13 12/17 Turkey ...... 914.00 ...... 914.00 12/10 12/17 ...... 4 6,912.00 ...... 4 6,912.00 Doug Seay ...... 11/21 11/23 United Kingdom ...... 972.26 ...... 5,865.30 ...... 6,837.56 Thomas Sheehy ...... 10/22 10/27 Jordan ...... 1,190.00 ...... 1,190.00 10/27 10/28 Turkey ...... 281.00 ...... (3) ...... 281.00 Paula Sheil ...... 11/29 11/30 Japan ...... 194.00 ...... 194.00 11/30 12/12 Thailand ...... 2,640.00 ...... 2,640.00 11/29 12/12 ...... 4 4,902.13 ...... 4 4,902.13 Sam Stratman ...... 10/24 10/27 Jordan ...... 1,190.00 ...... 1,190.00 10/27 10/28 Turkey ...... 281.00 ...... (3) ...... 281.00 Hon. Diane Watson ...... 11/29 12/1 Venezuela ...... 596.00 ...... 3,284.40 ...... 3,880.40 Hillel Weinberg ...... 10/22 10/28 Egypt ...... 1,002.00 ...... 5,906.00 ...... 6,908.00 Hon. Robert Wexler ...... 12/2 12/4 Romania ...... 2,160.00 ...... 2,160.00 12/4 12/5 Bulgaria ...... 250.00 ...... 250.00 12/2 12/5 ...... 4 5,595.27 ...... 4 5,595.27 Committee total ...... 47,671.76 ...... 103,569.43 ...... 151,241.19 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Round trip airfares. HENRY HYDE, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. John Tanner ...... 11/15 11/17 Kuwait ...... 778.00 ...... (3) ...... 778.00 11/17 11/18 Kuwait...... 241.00 ...... (3) ...... 241.00 Hon. Mark Foley ...... 12/5 12/7 Italy ...... 872.00 ...... (3) ...... 872.00 Committee total ...... 1,891.00 ...... 1,891.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BILL THOMAS, Chairman, Jan. 28, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Elizabeth Pryor ...... 09/30 USA ...... 2,501.00 ...... 2,501.00 10/1 10/5 Austria ...... 1,199.00 ...... 1,199.00 10/5 10/17 Poland ...... 2,593.00 ...... 3,673.00 ...... 6,266.00 10/17 10/22 Jordan ...... 957.00 ...... 957.00 Janice Helwig ...... 10/1 USA ...... 5,568.00 ...... 5,568.00 10/2 12/20 Austria ...... 19,440.00 ...... 19,440.00 Ronald McNamara ...... 10/4 USA ...... 5,629.00 ...... 5,629.00 10/5 10/11 Poland ...... 1,503.00 ...... 20.00 ...... 550.00 ...... 2,073.00 10/11 10/15 Belarus ...... 597.00 ...... 597.00 Erika Schlager ...... 10/4 USA ...... 4,142.00 ...... 4,142.00 10/5 10/18 Poland ...... 3,013.00 ...... 3,013.00 Janice Helwig ...... 10/5 Austria ...... 1,195.00 ...... 1,195.00 10/5 10/18 Poland ...... 3,009.00 ...... 3,009.00 Hon. Christopher Smith ...... 10/8 USA ...... 10/9 10/13 Italy ...... 1,784.00 ...... 1,784.00 10/13 10/14 Poland ...... 241.00 ...... 241.00 Hon. Benjamin Cardin ...... 10/8 USA ...... (3) ...... 10/9 10/13 Italy ...... 1,784.00 ...... 1,784.00 10/13 10/14 Poland ...... 241.00 ...... 241.00 Hon. Joseph Pitts ...... 10/8 USA ...... (3) ...... 10/9 10/13 Italy ...... 1,784.00 ...... 1,784.00 10/13 10/14 Poland ...... 241.00 ...... 241.00 Hon. Alcee Hastings ...... 10/9 USA ...... 3,486.00 ...... 3,486.00 10/9 10/13 Italy ...... 1,784.00 ...... 1,784.00 Dorothy Douglas Taft ...... 10/8 USA ...... (3) ...... 10/9 10/13 Italy ...... 1,397.00 ...... 915.00 ...... 2,312.00 10/13 10/18 Poland ...... 1,239.00 ...... 1,239.00 Orest Deychakiwsky ...... 10/8 USA ...... 5,629.00 ...... 5,629.00 10/9 10/10 Poland ...... 526.00 ...... 20.00 ...... 546.00 10/11 10/15 Belarus ...... 595.00 ...... 595.00 Knox Thames ...... 10/8 USA ...... 10/9 10/13 Italy ...... 1,383.00 ...... 1,383.00 10/13 10/14 Poland ...... 200.00 ...... 200.00 Chadwick Gore ...... 10/9 USA ...... 2,486.00 ...... 2,486.00 10/9 10/12 Italy ...... 1,183.00 ...... 1,183.00

VerDate jul 14 2003 04:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 8634 E:\CR\FM\A24FE7.001 H24PT1 H568 CONGRESSIONAL RECORD — HOUSE February 24, 2004 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Chadwick Gore ...... 10/17 USA ...... 7,882.00 ...... 7,882.00 10/18 10/23 Jordan ...... 950.00 ...... 950.00 Dorothy Douglas Taft ...... 11/4 USA ...... 846.00 ...... 846.00 11/5 11/8 Austria ...... 729.00 ...... 729.00 Marlene Kaufmann ...... 11/15 USA ...... 5,590.00 ...... 5,590.00 11/16 11/18 Armenia ...... 551.00 ...... 551.00 11/18 11/21 Austria ...... 486.00 ...... 486.00 Janice Helwig ...... 11/29 Austria ...... 267.00 ...... 267.00 11/29 12/3 Netherlands ...... Hon. Alcee Hastings ...... 11/28 USA ...... 5,793.00 ...... 5,793.00 11/29 12/2 Netherlands ...... 428.00 ...... 428.00 12/4 12/7 Russia ...... 870.00 ...... 870.00 Elizabeth Pryor ...... 11/29 USA ...... 5,827.00 ...... 5,827.00 11/30 12/2 Netherlands ...... 706.00 ...... 706.00 12/2 12/4 Belgium ...... 511.00 ...... 511.00 12/4 12/5 France ...... 587.00 ...... 587.00 Dorothy Douglas Taft ...... 11/30 USA ...... 6,953.00 ...... 6,953.00 12/1 12/3 Netherlands ...... 706.00 ...... 706.00 12/3 12/6 Belgium ...... 786.00 ...... 786.00 Ronald McNamara ...... 12/2 USA ...... 4,747.00 ...... 4,747.00 12/3 12/9 Russia ...... 1,522.00 ...... 1,522.00 John Finerty ...... 12/2 USA ...... 4,601.00 ...... 4,601.00 12/3 12/9 Russia ...... 1,210.00 ...... 1,210.00 Committee total ...... 56,735.00 ...... 77,770.00 ...... 550.00 ...... 135,055.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. CHRISTOPHER SMITH, Cochairman, Feb. 2, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON PRINTING, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BOB NEY, Chairman, Jan. 20, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2003

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h BILL THOMAS, Chairman, Jan. 26, 2004. NOTICE OF PROPOSED 2nd Street, S.E., Washington, D.C. 20540; 202– On October 15, 2003, an announcement that RULEMAKING 724–9250, TDD 202–426–1912. the Board of Directors intended to hold a Sincerely, hearing on December 2, 2003 regarding the U.S. CONGRESS, SUSAN S. ROBFOGEL, proposed procedural rule amendments was OFFICE OF COMPLIANCE, Chair. published in the Congressional Record at Washington, DC, February 12, 2004. Attachment. H9475 and S12599. On November 21, 2003, a No- Hon. J. DENNIS HASTERT, OFFICE OF COMPLIANCE tice of the cancellation of the December 2, Speaker of the House, House of Representatives, 2003 hearing was published in the Congres- The Congressional Accountability Act of Washington, DC. sional Record at S15394 and H12304. 1995: Second Notice of Proposed Amendments DEAR MR. SPEAKER: Pursuant to Section to the Procedural Rules. The Board of Directors of the Office of 303(b) of the Congressional Accountability Introductory statement: Compliance has determined to issue this Sec- Act of 1995 (2 U.S.C. 1384(b)) (‘‘Act’’), I am On September 4, 2003, a Notice of Proposed ond Notice of Proposed Amendment to the transmitting on behalf of the Board of Direc- Amendments to the Procedural Rules of the Procedural Rules, which includes changes to tors of the Office of Compliance the enclosed Office of Compliance was published in the the initial proposed amendments, together Second Notice of Proposed Procedural Rule Congressional Record at S11110, and H7944. with a brief discussion of each proposed Making for publication in the Congressional As specified by the Congressional Account- amendment. As set forth in greater detail Record. ability Act of 1995 (‘‘Act’’) at Section 303(b) herein below, interested parties are being af- (2 U.S.C.1384(b)), a 30 day period for com- forded another opportunity to comment on We request that this notice be published in ments from interested parties ensued. In re- these proposed amendments. the Congressional Record. The Act specifies sponse, the Office received a number of com- The complete existing Procedural Rules of that the enclosed Notice be published on the ments regarding the proposed amendments. the Office of Compliance may be found on first day on which both Houses are in session At the request of a commenter, for good the Office’s web site: www.compliance.gov. following this transmittal. Any inquiries re- reason shown, the Board of Directors ex- garding this notice should be addressed to tended the 30 day comment period until Oc- How to submit comments: the Office of Compliance, Room LA–200, 110 tober 20, 2003. The extension of the comment Comments regarding the proposed amend- period was published in the Congressional ments to the Rules of Procedure of the Office Record on October 2, 2003 at H9209 and S12361. of Compliance set forth in this NOTICE are

VerDate jul 14 2003 04:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.001 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H569 invited for a period of thirty (30) days fol- ments [[are bracketed with double brackets. §4.29 Consolidation of Proceedings lowing the date of the appearance of this NO- ]] Only subsections of the rules which in- §4.30 Consent Findings and Rules or Orders TICE in the Congressional Record. In addi- clude proposed amendments are reproduced §4.31 Order of Proceedings and Burden of Proof tion to being posted on the Office of Compli- in this notice. The insertion of a series of Subpart E—Complaints ance’s section 508 compliant web site small dots (.....) indicates additional, §5.01 Complaints (www.compliance.gov), this NOTICE is also unamended text within a section has not §5.02 Appointment of the Hearing Officer available in the following alternative for- been reproduced in this document. The inser- §5.03 Dismissal, Summary Judgment, and With- mats: Large Print, Braille. Requests for this tion of a series of stars (*****) indicates drawal of Complaint NOTICE in an alternative format should be that the unamended text of entire sections of §5.04 Confidentiality made to: Bill Thompson, Executive Director, the Rules have not been reproduced in this or Alma Candelaria, Deputy Executive Di- document. For the text of other portions of Subpart F—Discovery and Subpoenas rector, Office of Compliance, at 202–724–9250 the Rules which are not proposed to be §6.01 Discovery (voice) or 202–426–1912 (TDD). amended, please access the Office of Compli- §6.02 Requests for Subpoenas Submission of comments must be made in ance web site at www.compliance.gov. §6.03 Service writing to the Executive Director, Office of §6.04 Proof of Service PROPOSED PROCEDURAL RULE AMENDMENTS Compliance, 110 Second Street, S.E., Room §6.05 Motion to Quash LA–200, Washington, D.C. 20540–1999. It is re- PART I—OFFICE OF COMPLIANCE §6.06 Enforcement quested, but not required, that an electronic Office of Compliance Rules of Procedure Subpart G—Hearings version of any comments be provided on an As Amended—February 12, 1998 (Subpart A, §7.01 The Hearing Officer accompanying computer disk. Comments section 1.02, ‘‘Definitions’’), and as proposed §7.02 Sanctions may also be submitted by facsimile to the to be amended in 2004. §7.03 Disqualification of the Hearing Officer Executive Director at 202–426–1913 (a non- TABLE OF CONTENTS §7.04 Motions and Prehearing Conference toll-free number.) Those wishing to receive §7.05 Scheduling the Hearing Subpart A—General Provisions confirmation of the receipt of their com- §7.06 Consolidation and Joinder of Cases ments are requested to provide a self-ad- §1.01 Scope and Policy §7.07 Conduct of Hearing; Disqualification of dressed, stamped post card with their sub- §1.02 Definitions Representatives mission. §1.03 Filing and Computation of Time §7.08 Transcript Copies of submitted comments will be §1.04 Availability of Official Information §7.09 Admissibility of Evidence available for review on the Office’s web site §1.05 Designation of Representative §7.10 Stipulations at www.compliance.gov, and at the Office of §1.06 Maintenance of Confidentiality §7.11 Official Notice Compliance, 110 Second Street, S.E., Wash- §1.07 Breach of Confidentiality Provisions §7.12 Confidentiality ington, D.C. 20540–1999, on Monday through Subpart B—Pre-Complaint Procedures Appli- §7.13 Immediate Board Review of a Ruling by a Friday (non-Federal holidays) between the cable to Consideration of Alleged Violations Hearing Officer hours of 9:30 a.m. and 4:30 p.m. of Part A of Title II of the Congressional Ac- §7.14 Briefs Supplementary Information: The Congres- countability Act of 1995 §7.15 Closing the record sional Accountability Act of 1995 (CAA), PL §2.01 Matters Covered by Subpart B §7.16 Hearing Officer Decisions; Entry in 104–1, was enacted into law on January 23, §2.02 Requests for Advice and Information Records of the Office 1995. The CAA applies the rights and protec- §2.03 Counseling Subpart H—Proceedings before the Board tions of 11 federal labor and employment §2.04 Mediation statutes to covered employees and employ- §8.01 Appeal to the Board §2.05 Election of Proceedings ing offices within the Legislative Branch of §8.02 Reconsideration §2.06 Filing of Civil Action §8.03 Compliance with Final Decisions, Requests Government. Section 301 of the CAA (2 for Enforcement U.S.C. 1381) establishes the Office of Compli- Subpart C—[Reserved (Section 210—ADA §8.04 Judicial Review ance as an independent office within that Public Services)] Branch. Section 303 (2 U.S.C. 1383) directs Subpart D—Compliance, Investigation, En- Subpart I—Other Matters of General that the Executive Director, as the Chief Op- forcement and Variance Procedures under Applicability erating Officer of the agency, adopt rules of Section 215 of the CAA (Occupational Safety §9.01 Filing, Service and Size Limitations of Mo- procedure governing the Office of Compli- and Health Act of 1970) Inspections, Cita- tions, Briefs, Responses and other ance, subject to approval by the Board of Di- tions, and Complaints Documents rectors of the Office of Compliance. The §4.01 Purpose and Scope §9.02 Signing of Pleadings, Motions and Other rules of procedure generally establish the §4.02 Authority for Inspection Filings; Violations of Rules; Sanc- process by which alleged violations of the §4.03 Request for Inspections by Employees and tions laws made applicable to the Legislative Employing Offices §9.03 Attorney’s Fees and Costs Branch under the CAA will be considered and §4.04 Objection to Inspection §9.04 Ex parte Communications resolved. The rules include procedures for §4.05 Entry Not a Waiver §9.05 Settlement Agreements counseling, mediation, and election between §4.06 Advance Notice of Inspection §9.06 Destruction of Closed Files filing an administrative complaint with the §4.07 Conduct of Inspections §9.07 Payments [[of]] pursuant to Decisions or Office of Compliance or filing a civil action §4.08 Representatives of Employing Offices and Awards under Section 415(a) of in U.S. District Court. The rules also include Employees the Act. the procedures for processing Occupational §4.09 Consultation with Employees §9.0[6]8 Revocation, Amendment or Waiver of Safety and Health investigations and en- §4.10 Inspection Not Warranted; Informal Re- Rules forcement, as well as the process for the con- view ***** duct of administrative hearings held as the §4.11 Citations §1.03 Filing and Computation of Time. result of the filing of an administrative com- §4.12 Imminent Danger (a) Method of Filing. Documents may be plaint under all of the statutes applied by §4.13 Posting of Citations filed in person or by mail, including express, the Act, and for appeals of a decision by a §4.14 Failure to Correct a Violation for Which a overnight and other expedited delivery. hearing officer to the Board of Directors of Citation Has Been Issued; Notice When specifically authorized by the Executive the Office of Compliance, and for the filing of of Failure to Correct Violation; Director, an appeal of a decision by the Board of Direc- Complaint or by the Board of Directors in the any document tors to the United States Court of Appeals §4.15 Informal Conferences case of an appeal to the Board, may also be filed by electronic transmittal in a for the Federal Circuit. The rules also con- §4.16 Comments on Occupational Safety and designated format. Requests for counseling tain other matters of general applicability to Health Reports the dispute resolution process and to the op- under section 2.03, requests for mediation Rules of Practice for Variances, Limitations, eration of the Office of Compliance. under section 2.04 and complaints under sec- These proposed amendments to the Rules Variations, Tolerances, and Exemptions tion 5.01 of these rules may also be filed by of Procedure are the result of the experience §4.20 Purpose and Scope facsimile (FAX) transmission..... of the Office in processing disputes under the §4.21 Definitions Discussion: The electronic filing option is CAA during the period since the original §4.22 Effect of Variances in addition to existing filing procedures, and adoption of these rules in 1995. §4.23 Public Notice of a Granted Variance, Lim- represents the decision of this agency to How to read the proposed amendments: itation, Variation, Tolerance, or begin to explore the process of migration to- The text of the proposed amendments Exemption ward electronic filing. In response to com- shows [deletions within brackets], and added §4.24 Form of Documents ments, the Board has added Board of Direc- text in italic. Textual additions which have §4.25 Applications for Temporary Variances and tors authorization authority to ensure that been made for the first time in this second other Relief the Executive Director cannot unilaterally notice of the proposed amendments are §4.26 Applications for Permanent Variances and assume Board authority regarding a matter shown as italicized bold. Textual deletions other Relief pending before the Board. Because of limits which have been made for the first time in §4.27 Modification or Revocation of Orders in available technology, it will remain nec- this second notice of the proposed amend- §4.28 Action on Applications essary to designate a particular format for

VerDate jul 14 2003 04:49 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.012 H24PT1 H570 CONGRESSIONAL RECORD — HOUSE February 24, 2004 electronic transmittal. Requiring a des- Act. Requiring a written counseling request matter has not [[been resolved]] resulted in a ignated format does not impose an undue does not constitute or suggest a ‘‘waiver’’ of final decision; or (B) within 20 days after burden, since electronic filing is not re- confidentiality in any way. Such a waiver service of a final decision resulting from the quired. Stipulating a web address and system may only occur when ‘‘the Office and a cov- grievance procedures of the Architect of the for confirmation of receipt of electronic ered employee . . . agree to notify the em- Capitol or the Capitol Police Board. transmittal is not appropriate for a formal ploying office of the allegations.’’ 2 U.S.C. (iii) The period during which the matter is rule, since all documents will not necessarily 1416(a). The process for such a waiver is set pending in the internal grievance procedure be filed at the same address, and not all fil- out in the existing Procedural Rules at sec- shall not count against the time available ing requires proof of receipt. Not including tion 2.03(e)(2), which requires a written waiv- for counseling or mediation under the Act. If such information also better safeguards the er form. A written request for counseling is the grievance is resolved to the employee’s security of document filing. an entirely different document. satisfaction, the employee shall so notify the (d) Service or filing of documents by certified ..... Office within 20 days after the employee has mail, return receipt requested. Whenever these (c) When, How, and Where to Request received service of the final decision resulting rules permit or require service or filing of docu- Counseling. A [formal] request for coun- from the grievance procedure. [[or i]] If no re- ments by certified mail, return receipt requested, seling must be in writing, and [: (1)] shall be quest to return to the procedures under these such documents may also be served or filed by [made] filed with the Office of Compliance at rules is received within [[the applicable time express mail or other forms of expedited delivery Room LA–200, 110 Second Street, S.E., Wash- period]] 60 days after the expiration of the pe- in which proof of [[delivery to]] date of receipt ington, D.C. 20540–1999; [[telephone 202–724– riod recommended by the Executive Director, by the addressee is provided. 9250;]] FAX 202–426–1913; TDD 202–426–1912, not the Office will [[consider the case to be Discussion: Section 1.03(a)(2)(i) permits later than 180 days after the alleged viola- closed in its official files]] issue a Notice of ‘‘other expedited delivery’’ of documents tion of the Act.[; (2) may be made to the Of- End of Counseling, as specified in section being filed for which proof of delivery is not fice in person, by telephone, or by written re- 2.04(i) of these Rules. required. However, there is no similar provi- quest; (3) shall be directed to: Office of Com- Discussion: The amendment reflects the sion with regard to certified mail, return re- pliance, Adams Building, Room LA–200, 110 Board’s conclusion that controversies re- ceipt requested. Such a service method is Second Street, S.E., Washington, D.C. 20540– ferred to agency grievance procedures may specifically required in Sections 2.03(l), 1999; telephone 202–724–9250; FAX 202–426–1913; be close to disposition at or near the end of 2.04(i), and 5.01(e). Particularly in view of the TDD 202–426–1912.] the stipulated referral period. In such cir- lengthened time required to process mail Discussion: This amendment conforms to cumstances, the requirement for a return by through the U.S. Postal Service since 9–11, the requirement that a written request for the employee to the Office’s procedures with- the Board has determined that additional counseling must be filed with the Office. in 10 days can actually have the effect of dis- flexibility in the use of other mail delivery rupting the completion of the grievance ..... services is also needed as an alternative to process. Therefore, the Board proposes an ex- certified mail, return receipt requested. (l) Conclusion of the Counseling Period and tension of that time frame to 60 days. The Notice. The Executive Director shall notify ***** time during which a controversy has been re- the employee in writing of the end of the ferred to an agency grievance proceeding as- 1.05 Designation of Representative. counseling period, by certified mail, return sumes that there will have been joinder of AMENDMENT DELETED (a) An employee, receipt requested, or by personal delivery evi- issues between the employee and the em- other charging individual or party, a wit- denced by a written receipt. The Executive ploying office. Certainly, there can be no ness, a labor organization, an employing of- Director, as part of the notification of the doubt that the employing office has been fice, an entity alleged to be responsible for end of the counseling period, shall inform placed on notice of the existence of the con- correcting a violation wishing to be rep- the employee of the right and obligation, troversy. The amended proposal ensures that resented by another individual must file should the employee choose to pursue his or the employee will not be penalized by reason with the Office a written notice of designa- her claim, to file with the Office a request of an employing office’s failure to process a tion of representative. The representative for mediation within 15 days after receipt by grievance in a timely manner by stipulating may be, but is not required to be, an attor- the employee of the notice of the end of the that the Office will issue an end of coun- ney. [[During the period of counseling and me- counseling period. seling Notice to the parties 60 days after the Discussion: This amendment reflects the diation, upon the request of a party, if the Exec- end of the referral period. A commenter’s provision of flexibility to the Office in pro- utive Director concludes that a representative of suggestion that the referral time frame un- viding notice. In response to comments, we an employee, of a charging party, of a labor or- lawfully extends counseling beyond the 30 have added the requirement for appropriate ganization, of an employing office, or of an en- day maximum period ignores section 401 of documentation in the case of personal deliv- tity alleged to be responsible for correcting a the Act, which specifically stipulates that ery. A suggestion that a copy of the end of violation has a conflict of interest, the Executive all time during which a matter is referred to counseling notice be served on ‘‘opposing Director may, after giving the representative an the grievance procedures of the Architect of counsel’’ would cause a violation of the con- opportunity to respond, disqualify the rep- the Capitol or the Capitol Police ‘‘shall not fidentiality requirement for counseling re- resentative. In that event, the period for coun- count against the time available for coun- quired by section 416(a) of the Act, and would seling or mediation may be extended by the Ex- seling or mediation.’’ Issuing a Notice of End contradict the non-adversarial nature of ecutive Director for a reasonable time to afford of Counseling is preferable to administrative counseling. the party an opportunity to obtain another rep- closure of a case, since the closure may pe- resentative.]] ..... nalize an employee who is still waiting for Discussion: Upon further consideration, (m) Employees of the Office of the Archi- the employing office to issue a final decision. the Board has deleted this proposed amend- tect of the Capitol and the Capitol Police. ment. The Board does not agree with the as- (1) Where an employee of the Office of the ***** sertion by a commenter that the current Architect of the Capitol or of the Capitol Po- 2.04 Mediation. version of this rule is in excess of the author- lice requests counseling under the Act and ..... ity of this Board under the Act. these rules, the Executive Director may rec- (e) Duration and Extension. ***** ommend that the employee use the griev- (1) The mediation period shall be 30 days 2.03 Counseling. ance procedures of the Architect of the Cap- beginning on the date the request for medi- itol or the Capitol Police. The term ‘griev- (a) Initiating a Proceeding; Formal Re- ation is received, unless the Office grants an ance procedures’ refers to internal proce- quest for Counseling. In order to initiate a extension. dures of the Architect of the Capitol and the proceeding under these rules, an employee (2) The Office may extend the mediation Capitol Police that can provide a resolution shall [formally] file a written request for period upon the joint written request of the of the matter(s) about which counseling was counseling [from] with the Office regarding parties or of the appointed mediator on be- requested. Pursuant to section 401 of the Act an alleged violation of the Act, as referred to half of the parties to the attention of the Exec- and by agreement with the Architect of the in section 2.01(a) above. All [formal] requests utive Director. The request [may be oral or] Capitol and the Capitol Police Board, when for counseling shall be confidential, unless shall be written and [shall be noted and] filed the Executive Director makes such a rec- the employee agrees to waive his or her right with the Office no later than the last day of ommendation, the following procedures shall to confidentiality under section 2.03(e)(2), the mediation period. The request shall set apply: below. forth the joint nature of the request and the Discussion: The purpose of this amendment ..... reasons therefor, and specify when the par- is to delete the undefined term ‘‘formal’’, (ii) After having contacted the Office and ties expect to conclude their discussions. Re- and require simply that the request be made having utilized the grievance procedures of quest for additional extensions may be made in written form. Several commenters sug- the Architect of the Capitol or of the Capitol in the same manner. Approval of any exten- gested that institution of a requirement that Police Board, the employee may notify the sions shall be within the sole discretion of the counseling request be in writing would Office that he or she wishes to return to the the Office. constitute a ‘‘waiver’’ of the statutory re- procedures under these rules: (A) within [10] Discussion: The amendment assures that quirement of absolute confidentiality in 60 days after the expiration of the period rec- an adequate record of such a request be counseling mandated by section 416(a) of the ommended by the Executive Director, if the made. In response to comments, the Board

VerDate jul 14 2003 04:49 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.015 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H571 has added language allowing the assigned expeditiously and without regard to the require- Board has also addressed the circumstance of mediator to submit the request on behalf of ments of subpart H of these rules. In no event a partial disposition of a case. the parties. shall the General Counsel be required by the ***** ..... Board to postpone the issuance of a report for more than five days.]] With respect to any re- § 7.02 Sanctions (i) Conclusion of the Mediation Period and port authorized under section 215(c)(1) or (a) The Hearing Officer may impose sanctions Notice. If, at the end of the mediation pe- 215(e)(2) of the Act that is intended by the on a party’s representative [[for inappropriate riod, the parties have not resolved the mat- General Counsel for general public distribu- or unprofessional conduct]] necessary to regu- ter that forms the basis of the request for tion, the General Counsel shall, before mak- late the course of the hearing. mediation, the Office shall provide the em- ing such general public distribution, first (b) The Hearing Officer may impose sanc- ployee, and the employing office, and their transmit a copy thereof to the responsible em- tions upon the parties under, but not limited representatives, with written notice that the ploying office(s), together with a notification to, the circumstances set forth in this sec- mediation period has concluded. The written that the employing office(s) has 10 days with- tion. notice to the employee will be sent by cer- in which to submit any written comments that ([a]1) Failure to Comply with an Order. tified mail, return receipt requested, or will it wishes to be appended in their entirety as When a party fails to comply with an order be [hand] personally delivered, evidenced by a an appendix to the report. In the event the (including an order for the taking of a depo- written receipt, and it will also notify the General Counsel declines to append to the re- sition, for the production of evidence within employee of his or her right to elect to file port timely submitted comments of an employ- the party’s control, or for production of wit- a complaint with the Office in accordance ing office, the General Counsel shall not issue nesses), the Hearing Officer may: with section 5.01 of these rules or to file a ([1]a) ..... the report for general public distribution, and civil action pursuant to section 408 of the ([2]b) ..... will promptly notify that office in writing of Act and section 2.06 of these rules. ([3]c) ..... the basis for such declination. Upon written Discussion: The purpose of this amendment ([4]d) ..... request to the Board of Directors submitted by is to reflect the provision of the flexibility of Discussion: In response to comments, and the employing office within 10 days of the personal delivery. In response to comments, upon further consideration, the Board has date of notification of declination by the Gen- the Board has also formalized the require- amended this proposal to better reflect exist- eral Counsel, with a copy thereof served on ment that proof of delivery be evidenced by ing statutory authority. Section 556(c)(5) of the General Counsel, the Board of Directors a written receipt. the Administrative Procedure Act, ref- shall promptly review the matter, including erenced in section 405(d)(3) of the Act, spe- ***** any submission filed by the General Counsel cifically authorizes a presiding official to 2.06 Filing of Civil Action. within 10 days of the employing office’s re- ‘‘regulate the course of the hearing’’. The quest, and issue a final and non-appealable ..... amendment authorizes a Hearing Officer to decision determining the issue of inclusion of carry out that responsibility when required (c) Communication Regarding Civil Actions the employing office’s comments prior to the by a representative’s conduct. Filed with District Court. [(1)] The party filing general public distribution of the report. In any civil action with the United States District no event shall the General Counsel be re- ***** Court pursuant to sections 404(2) and 408 of the quired by the Board to delay issuance of a re- § 8.01 Appeal to the Board. Act [should simultaneously provide a copy of port covered by this procedure for more than ..... the complaint] shall provide a written notice 15 days after the employing office’s request for (b)(1) Unless otherwise ordered by the to the Office that the party has filed a civil ac- review is submitted to the Board of Directors. Board, within 21 days following the filing of tion, specifying the district court in which the Discussion: The proposed amendment, as a petition for review to the Board, the appel-

civil action was filed and the case number. reworded, provides a mechanism for employ- lant shall file and serve a supporting brief in Discussion: The Office has the responsi- ing office comments to be appended to re- accordance with section 9.01 of these rules. bility to be aware of judicial applications ports issued by the General Counsel regard- That brief shall identify with particularity and interpretations of the Act. In this re- ing Occupational Safety and Health inspec- those findings or conclusions in the decision gard, see also proposed rule 9.06. In response tions. The Board has amended the proposal and order that are challenged and shall refer to comments, the Board has replaced the to clarify further the categories of OSH re- specifically to the portions of the record and proposed requirement that a copy of the ports resulting from inspection requests. The the provisions of statutes or rules that are complaint be provided, with a notice of filing Board has extended the time periods within alleged to support each assertion made on of a civil action. The Office also intends to which the dispute resolution procedure takes appeal. include notice of this requirement in its No- place. The Board has also added a require- (2) Unless otherwise ordered by the Board, tice of End of Mediation. ment that any General Counsel declination within 21 days following the service of the AMENDMENT DELETED: [[(2) No party to must be provided in writing to the employ- appellant’s brief, the opposing party may file any civil action referenced in paragraph (1) ing office. and serve a reply brief. shall request information from the Office re- ***** (3) Upon written delegation by the Board, the garding the proceedings which took place pur- Executive Director is authorized to determine suant to sections 402 or 403 related to said civil §5.03 Dismissal, Summary Judgment, and any request for extensions of time to file any action, unless said party notifies the other Withdrawal of Complaints. post-petition for review document or submission party(ies) to the civil action of the request to the ..... with the Board in any case in which the Exec- Office. The Office will determine whether the re- (d) Summary Judgment. A Hearing Officer utive Director has not rendered a determina- lease of such information is appropriate under may, after notice and an opportunity for the tion on the merits. Such delegation shall con- the Act and the Rules of Procedure.]] parties to address the question of summary tinue until revoked by the Board. Discussion: Upon further consideration, judgment, [[to respond,]] issue summary judg- ..... the Board has deleted this proposed amend- ment on some or all of the complaint. ment. Discussion: The amendment authorizes the ([d]e) Appeal. A [dismissal] final decision by Executive Director to perform the ministe- ***** the Hearing Officer made under section rial act of granting extensions of time in §4.16 Comments on Occupational Safety and 5.03(a)–(c) or 7.16 of these rules may be sub- which to file documents when specifically Health Reports. [[The General Counsel will pro- ject to appeal before the Board if the ag- authorized to do so by the Board. In response vide to responsible employing office(s) a copy of grieved party files a timely petition for re- to comments, the Board has required written any report issued for general distribution not view under section 8.01. A final decision delegation of authority, and has limited that less than seven days prior to the date scheduled under section 5.03(a)–(c) which does not re- delegation to submissions after a petition for for its issuance. If a responsible employing office solve all of the claims or issues in the case(s) review has been filed. The Board has also wishes to have its written comments appended before the Hearing Officer may not be ap- prohibited such a delegation in any case in to the report, it shall submit such comments to pealed to the Board in advance of a final de- which the Executive Director has issued a the General Counsel no later than 48 hours prior cision entered under section 7.16 of these determination on the merits in the under- to the scheduled issuance date. The General rules, except as authorized pursuant to sec- lying proceeding. Counsel shall either include the written com- tion 7.13 of these rules. ments without alteration as an appendix to the ([e]f) ..... ***** report, or immediately decline the request for ([f]g) ..... § 9.01 Filing, Service and Size Limitations of their inclusion. If the General Counsel declines Discussion: Hearing Officers have plenary Motions, Briefs, Responses and other Docu- to include the submitted comments, the employ- authority to conduct hearings and make ments. ing office(s) may submit said denial to the final decisions, including summary judg- (a) Filing with the Office; Number. One Board of Directors which, in its sole discretion, ment, pursuant to section 405 of the Act. The original and three copies of all motions, shall review the matter and issue a final and amendments more adequately reflect the ex- briefs, responses, and other documents must non-appealable decision solely regarding inclu- isting authority of Hearing Officers. In re- be filed, whenever required, with the Office sion of the employing office(s) comments prior to sponse to a comment, the Board has included or Hearing Officer. However, when a party the issuance of the report. Submissions to the the requirement that the parties be given aggrieved by the decision of a Hearing Offi- Board of Directors in this regard shall be made the opportunity to address the issue. The cer or other matter or determination reviewable

VerDate jul 14 2003 04:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.016 H24PT1 H572 CONGRESSIONAL RECORD — HOUSE February 24, 2004 by the Board files an appeal with the Board, ment document before the agreement can be sub- Act, the decision, award, or settlement shall be one original and seven copies of both any ap- mitted to the Executive Director. A formal settle- submitted to the Executive Director to be proc- peal brief and any responses must be filed ment agreement cannot be rescinded after the essed by the Office for requisition from the ac- with the Office. The Officer, Hearing Officer, signatures of all parties have been affixed to the count of the Office of Compliance in the Depart- or Board may also [[require]] request a party to agreement, unless by written revocation of the ment of the Treasury, and payment. submit an electronic version of any submission agreement voluntarily signed by all parties, or Discussion: This proposed rule reflects the on a disk in a designated format. as otherwise [[required]] permitted by law. existing procedure for processing payments ..... (d) Violation of a Formal Settlement Agree- under section 415(a) of the Act. Since section ment. If a party should allege that a formal set- 415 does not authorize automatic stays of Discussion: The addition of ‘‘other matter tlement agreement has been violated, the issue judgments or awards pending appeal, parties or determination reviewable by the Board’’ shall be determined by reference to the formal are advised to seek such a stay from the ap- is intended to address: collective bargaining dispute resolution procedures of the agreement. propriate forum. Adding an automatic stay representation decisions made pursuant to If the particular formal settlement agreement of payment until all appeals have been ex- Part 2422 of the Office of Compliance Rules does not have a stipulated method for dispute hausted would require an amendment of the regarding labor-management relations, nego- resolution of an alleged violation of the agree- Act. tiability determinations made pursuant to ment, the following dispute resolution procedure § 9.0[6]7 Revocation, Amendment or Waiver of Part 2424 of the same Rules, review of arbi- shall be deemed to be a part of each formal set- Rules. tration awards under Part 2425 of the same tlement agreement approved by the Executive Rules, determination of bargaining consulta- Director pursuant to section 414 of the Act: Any ..... tion rights under Part 2426 of the same complaint regarding a violation of a formal set- f Rules, requests for general statements of tlement agreement may be filed with the Execu- policy or guidance under Part 2427 of the tive Director no later than 60 days after the EXECUTIVE COMMUNICATIONS, same Rules, enforcement of standards of con- party to the agreement becomes aware of the al- ETC. duct decisions and orders by the Assistant leged violation. Such complaints may be referred Under clause 8 of rule XII, executive Secretary of Labor for Labor Management by the Executive Director to a Hearing Officer communications were taken from the Relations pursuant to Part 2428 of the same for a final and binding decision. The procedures Speaker’s table and referred as follows: Rules, and determinations regarding collec- for hearing and determining such complaints tive bargaining impasses pursuant to Part shall be governed by subparts F, G, and H of 6747. A communication from the President 2470 of the same Rules. The term ‘‘matter’’ these rules. of the United States, transmitting Requests was included by the Board on further consid- Discussion: The Board disagrees with com- from the Judicial Branch for FY 2004; (H. eration, because some of the procedures ref- ments that assert the Office has no statutory Doc. No. 108—161); to the Committee on Ap- erenced in the labor-management relations authority to settle disputes regarding the al- propriations and ordered to be printed. Rules are addressed to the Board in the first leged violation of settlement agreements. 6748. A letter from the Under Secretary, instance. Submission by electronic version is Under section 414 of the Act, the Executive Department of Defense, transmitting Ap- in addition to the existing methods for filing Director is clearly given plenary authority proval of Brigadier General Martin E. submissions. This addition reflects the deci- to approve all settlement agreements under Dempsey and Brigadier General Barbara G. sion of this agency to begin exploring the the Act entered into at any stage of the ad- Fast to wear the insignia of major general in process of migration toward electronic fil- ministrative or judicial process. No settle- accordance with title 10, United States Code, ing. Because of limits in available tech- ment agreement can ‘‘become effective’’ un- section 777; to the Committee on Armed nology, it remains necessary to designate a less and until such approval has been given. Services. particular format for electronic disk trans- The Office is concerned that many settle- 6749. A communication from the President mittal. In response to comments, the Board ment agreements do not include provisions of the United States, transmitting Report in- has amended the proposal to allow for a ‘‘re- for disposition of controversies regarding al- cluding matters relating to the interdiction quest’’ rather than a requirement. The avail- leged violations of the agreement. Rather of aircraft engaged in illicit drug trafficking, ability of submissions on disk, particularly than consider initiating a practice of with- pursuant to Public Law 107—108 22 U.S.C. of lengthy documents, can save the Office holding approval of settlement agreements 2291—4; (H. Doc. No. 108—158); to the Com- time and expense in handling such docu- which do not include provisions setting forth mittee on International Relations and or- ments. dispute resolution procedures, the Office is dered to be printed. 6750. A communication from the President ***** providing all parties, by notice and rule, the option to include their own dispute resolu- of the United States, transmitting a report § 9.03 Attorney’s fees and costs. tion provisions, or default to the dispute res- including matters relating to post-liberation (a) Request. No later than 20 days after the olution procedure stipulated in this proposed Iraq as consistent with the Authorization for entry of a Hearing Officer’s decision under Rule when they enter into a settlement Use of Military Force Against Iraq Resolu- section 7.16 or after service of a Board deci- agreement. The word ‘‘permitted’’ was in- tion of2002 (Public Law 107-243); (H. Doc. No. sion by the Office, the complainant, if he or serted in place of ‘‘required’’ as a clarifica- 108—160); to the Committee on International she is a prevailing party, may submit to the tion, since in this context a rescission of an Relations and ordered to be printed. Hearing Officer who heard the case initially approved agreement would rarely, if ever, be 6751. A letter from the Chairman, Federal a motion for the award of reasonable attor- required by operation of law. Trade Commission, transmitting the semi- ney’s fees and costs, following the form spec- [[§ 9.06 Destruction of Closed Files. Closed case annual report on the activities of the Office ified in paragraph (b) below. All motions for files regarding counseling, mediation, hearing, of Inspector General for the period ending attorney’s fees and costs shall be submitted to and/or appeal to the Board of Directors may be September 30, 2003, pursuant to 5 U.S.C. app. the Hearing Officer. [The Board or t] The destroyed during the calendar year in which the (Insp. Gen. Act) section 5(b); to the Com- Hearing Officer, after giving the respondent fifth anniversary of the closure date occurs, or mittee on Government Reform. an opportunity to reply, shall rule on the during the calendar year in which the fifth an- 6752. A letter from the Inspector General, motion. niversary of the conclusion of all adversarial Railroad Retirement Board, transmitting the Board’s budget justification for the Of- ..... proceedings in relation thereto occurs, which- ever period ends later.]] fice of Inspector General for fiscal year 2005, Discussion: This amendment clarifies the Discussion: The Executive Director and the prepared in compliance with Office of Man- rules to exclude the filing of motions for at- Board of Directors have been made aware agement and Budget (OMB) Circular No. A- torney’s fees with the Board of Directors. that the Office of Compliance appears to be 11; to the Committee on Government Re- ***** an agency covered by the requirements of form. the Federal Records Act (found at Title 44 of 6753. A letter from the Chairman, U.S. § 9.05 Informal Resolutions and Settlement the U.S. Code). The Records Act requires Commodity Futures Trading Commission, Agreements. that an agency consult with the Archivist of transmitting the FY 2003 report pursuant to ..... the United States regarding any record de- the Federal Managers’ Financial Integrity (b) Formal Settlement Agreement. The struction program. Therefore, the Executive Act, pursuant to 31 U.S.C. 3512(c)(3); to the parties may agree formally to settle all or Director and the Board are withdrawing this Committee on Government Reform. part of a disputed matter in accordance with proposal at this time, and will issue a new 6754. A letter from the Paralegal Spe- section 414 of the Act. In that event, the Notice regarding this subject matter after cialist, FAA, Department of Transportation, agreement shall be in writing and submitted the requirements of the Federal Records Act transmitting the Department’s final rule — to the Executive Director for review and ap- have been satisfied. Modification of Class E Airspace; Polson, proval. If the Executive Director does not ap- § 9.0[7]6 Payments [[of]] required pursuant MT. [Docket No. FAA-2003-16207; Airspace prove the settlement, such disapproval shall be to Decisions, Awards, or Settlements under sec- Docket No. 03-ANM-10] received February 23, in writing, shall set forth the grounds therefor, tion 415(a) of the Act. Whenever a decision or 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the and shall render the settlement ineffective. award pursuant to sections 405(g), 406(e), 407, or Committee on Transportation and Infra- (c) Requirements for a Formal Settlement 408 of the Act, or an approved settlement pursu- structure. Agreement. A formal settlement agreement re- ant to section 414 of the Act, require the pay- 6755. A letter from the Paralegal Spe- quires the signature of all parties on the agree- ment of funds pursuant to section 415(a) of the cialist, FAA, Department of Transportation,

VerDate jul 14 2003 04:49 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.018 H24PT1 February 24, 2004 CONGRESSIONAL RECORD — HOUSE H573 transmitting the Department’s final rule — DOD Commercial Air Carrier Evaluators; transmitting the Department’s final rule — Establishment of Class D and E Airspace; Correction [Docket No. FAA-2003-15571; Modification of Class E Airspace; Winterset, Olive Branch, MS, Amendment of Class E Amdt. Nos. 119-8, 121-298 and 135-88] (RIN: IA. [Docket No. FAA-2003-16503; Airspace Airspace; Memphis, TN [Docket No. FAA- 2120-AI00) received February 23, 2004, pursu- Docket No. 03-ACE-87] received February 23, 2003-16534; Airspace Docket No. 03-ASO-19] ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the received February 23, 2004, pursuant to 5 on Transportation and Infrastructure. Committee on Transportation and Infra- U.S.C. 801(a)(1)(A); to the Committee on 6765. A letter from the Paralegal Spe- structure. Transportation and Infrastructure. cialist, FAA, Department of Transportation, 6775. A letter from the Paralegal Spe- 6756. A letter from the Paralegal Spe- transmitting the Department’s final rule — cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, Amendment of Class E Airspace; Philadel- transmitting the Department’s final rule — transmitting the Department’s final rule — phia, PA [Docket No. FAA-2003-16282; Air- Airworthiness Directives; Dassault Model Modification of Class E Airspace; Cherokee, space Docket No. 03-AEA-06] received Feb- Falcon 2000 Series Airplanes [Docket No. IA. [Docket No. FAA-2003-16505; Airspace ruary 23, 2004, pursuant to 5 U.S.C. 2002-NM-233-AD; Amendment 39-13466; AD Docket No. 03-ACE-89] received February 23, 801(a)(1)(A); to the Committee on Transpor- 2004-03-22] (RIN: 2120-AA64) received Feb- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the tation and Infrastructure. ruary 23, 2004, pursuant to 5 U.S.C. Committee on Transportation and Infra- 6766. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- structure. cialist, FAA, Department of Transportation, tation and Infrastructure. 6757. A letter from the Paralegal Spe- transmitting the Department’s final rule — 6776. A letter from the Paralegal Spe- cialist, FAA, Department of Transportation, Modification of Class E Airspace; Great cialist, FAA, Department of Transportation, transmitting the Department’s final rule — Bend, KS. [Docket No. FAA-2003-16080; Air- transmitting the Department’s final rule — Establishment of Class D Airspace; Hilton space Docket No. 03-ACE-72] received Feb- Airworthiness Directives; Bombardier Model Head Island, SC; Correction [Docket No. ruary 23, 2004, pursuant to 5 U.S.C. DHC-8-102, -103, -106, -201, -202, -301, -311, and FAA-2003-16359; Airspace Docket No. 03-ASO- 801(a)(1)(A); to the Committee on Transpor- -315 Airplanes [Docket No. 2002-NM-79-AD; 18] received February 23, 2004, pursuant to 5 tation and Infrastructure. Amendment 39-13472; AD 2004--03-28] (RIN: U.S.C. 801(a)(1)(A); to the Committee on 6767. A letter from the Paralegal Spe- 1220-AA64) received February 23, 2004, pursu- Transportation and Infrastructure. cialist, FAA, Department of Transportation, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 6758. A letter from the Paralegal Spe- transmitting the Department’s final rule — on Transportation and Infrastructure. cialist, FAA, Department of Transportation, Removal of Class E Airspace; New Port 6777. A letter from the Paralegal Spe- transmitting the Department’s final rule — Richey, FL. [Docket No. FAA-2003-16623; Air- cialist, FAA, Department of Transportation, Modification and Revocation of Federal Air- space Docket No. 03-ASO-22] received Feb- transmitting the Department’s final rule — ways; AK [Docket No. FAA-2002-14010; Air- ruary 23, 2004, pursuant to 5 U.S.C. Airworthiness Directives; Boeing Model 747- space Docket No. 02-AAL-09] (RIN: 2120- 801(a)(1)(A); to the Committee on Transpor- 100, 747-100B, 747-100B SUD, 747-200B, 747-200C, AA66) received February 23, 2004, pursuant to tation and Infrastructure. 747-200F, 747-300, 747SP, and 747SR Series Air- 6768. A letter from the Paralegal Spe- 5 U.S.C. 801(a)(1)(A); to the Committee on planes [Docket No. 2003-NM-84-AD; Amend- cialist, FAA, Department of Transportation, Transportation and Infrastructure. ment 39-13461; AD 2004-03-17] (RIN: 2120-AA64) transmitting the Department’s final rule — 6759. A letter from the Paralegal Spe- received February 23, 2004, pursuant to 5 Modification of Class E Airspace; Beloit, KS. cialist, FAA, Department of Transportation, U.S.C. 801(a)(1)(A); to the Committee on [Docket No. FAA-2003-16749; Airspace Docket transmitting the Department’s final rule — Transportation and Infrastructure. No. 03-ACE-93] received February 23, 2004, Modification of Class E Airspace; Waverly, 6778. A letter from the Paralegal Spe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- IA [Docket No. FAA-2003-16502; Airspace cialist, FAA, Department of Transportation, mittee on Transportation and Infrastruc- Docket No. 03-ACE-86] received February 23, transmitting the Department’s final rule — ture. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 6769. A letter from the Paralegal Spe- Airworthiness Directies; Airbus A330-200, Committee on Transportation and Infra- cialist, FAA, Department of Transportation, A330-300, A340-200, and A340-300 Series Air- structure. transmitting the Department’s final rule — planes [Docket No. 2003-NM-223-AD; Amend- 6760. A letter from the Paralegal Spe- Modification of Class E Airspace; Kingman, ment 39-13468; AD 2004-03-24] (RIN: 2120-AA64) cialist, FAA, Department of Transportation, KS. [Docket No. FAA-2003-16081; Airspace received February 23, 2004, pursuant to 5 transmitting the Department’s final rule — Docket No. 03-ACE-73] received February 23, U.S.C. 801(a)(1)(A); to the Committee on Modification of Class E Airspace; Oskaloosa, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. IA. [Docket No. FAA-2003-16500; Airspace Committee on Transportation and Infra- 6779. A letter from the Paralegal Spe- Docket No. 03-ACE-84] received February 23, structure. cialist, FAA, Department of Transportation, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 6770. A letter from the Paralegal Spe- transmitting the Department’s final rule — Committee on Transportation and Infra- cialist, FAA, Department of Transportation, Airworthiness Directives; Airbus Model A330 structure. transmitting the Department’s final rule — and A340-200 and -300 Series Airplanes [Dock- 6761. A letter from the Paralegal Spe- Modification of Class E Airspace; Greenfield, et No. 2001-NM-284-AD; Amendment 39-13469; cialist, FAA, Department of Transportation, IA. [Docket No. FAA-2003-16504; Airspace AD 2004-03-25] (RIN: 2120-AA64) received Feb- transmitting The Department’s final rule — Docket No. 03-ACE-88] received February 23, ruary 23, 2004, pursuant to 5 U.S.C. Modification of Class E Airspace; Spring- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- field, MO. [Docket No. FAA-2003-16763; Air- Committee on Transportation and Infra- tation and Infrastructure. space Docket No. 03-ACE-100] received Feb- structure. 6780. A letter from the Paralegal Spe- ruary 23, 2004, pursuant to 5 U.S.C. 6771. A letter from the Paralegal Spe- cialist, FAA, Department of Transportation, 801(a)(1)(A); to the Committee on Transpor- cialist, FAA, Department of Transportation, transmitting the Department’s final rule — tation and Infrastructure. transmitting the Department’s final rule — Airworthiness Directives; Aerospatiale 6762. A letter from the Paralegal Spe- Modification of Class E Airspace; Marysville, Model ATR42 and ATR72 Series Airplanes cialist, FAA, Department of Transportation, KS. [Docket No. FAA-2003-16762; Airspace [Docket No. 2002-NM-116-AD; Amendment 39- transmitting the Department’s final rule — Docket No. 03-ACE-99] received February 23, 13462; AD 2004-03-18] (RIN: 1220-AA64) received Airworthiness Directives; Airbus Model A300 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the February 23, 2004, pursuant to 5 U.S.C. B2 and B4 Series Airplanes; and A300 B4-600, Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Transpor- B4-600R, C4-605R Variant F, and F4-600R (Col- structure. tation and Infrastructure. lectively Called A300-600) Series Airplanes 6772. A letter from the Paralegal Spe- 6781. A letter from the Paralegal Spe- [Docket No. 2003-NM-248-AD; Amendment 39- cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, 14308; AD 2003-26-10] (RIN: 2120-AA64) received transmitting the Department’s final rule — transmitting the Department’s final rule — February 23, 2004, pursuant to 5 U.S.C. Modification of Class E Airspace; Tipton, IA. Airworthiness Directives; Bombardier Model 801(a)(1)(A); to the Committee on Transpor- [Docket No. FAA-2003-16501; Airspace Docket DHC-8-102, -103, -106, -201, -202, -301, -311, and tation and Infrastructure. No. 03-ACE-85] received February 23, 2004, -315 Series Airplanes [Docket No. 2003-NM- 6763. A letter from the Paralegal Spe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 154-AD; Amendment 39-13458; AD 2004-03-14] cialist, FAA, Department of Transportation, mittee on Transportation and Infrastruc- (RIN: 2120-AA64) received February 23, 2004, transmitting the Department’s final rule — ture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Airworthiness Directives; General Electric 6773. A letter from the Paralegal Spe- mittee on Transportation and Infrastruc- Company (GE) CF6-80E1A2 and -80E1A4 Tur- cialist, FAA, Department of Transportation, ture. bofan Engines; Correction [Docket No. 2003- transmitting the Department’s final rule — 6782. A letter from the Paralegal Spe- NE-26-AD; Amendment 39-13409; AD 2003-26- Modification of Class E Airspace; Osceola, cialist, FAA, Department of Transportation, 11] (RIN: 2120-AA64) received February 23, IA. [Docket No. FAA-2003-16499; Airspace transmitting the Department’s final rule — 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Docket No. 03-ACE-83] received February 23, Airworthiness Directives; Airbus Model A321 Committee on Transportation and Infra- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Series Airplanes [Docket No. 2003-NM-257- structure. Committee on Transportation and Infra- AD; Amendment 39-13446; AD 2004-03-02] (RIN: 6764. A letter from the Paralegal Spe- structure. 2120-AA64) received February 23, 2004, pursu- cialist, FAA, Department of Transportation, 6774. A letter from the Paralegal Spe- ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting the Department’s final rule — cialist, FAA, Department of Transportation, on Transportation and Infrastructure.

VerDate jul 14 2003 04:09 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\L24FE7.000 H24PT1 H574 CONGRESSIONAL RECORD — HOUSE February 24, 2004 6783. A letter from the Paralegal Spe- children from assault and murder, and for retary of Agriculture to establish an elec- cialist, FAA, Department of Transportation, other purposes (Rept. 108–427). Referred to tronic nationwide livestock identification transmitting the Department’s final rule — the House Calendar. system, and for other purposes; to the Com- Airworthiness Directives; Fokker Model F.28 DISCHARGE OF COMMITTEE mittee on Agriculture. Mark 0070 and 0100 Series Airplanes [Docket Pursuant to clause 2 of rule XII the By Mr. PAUL (for himself and Mr. No. 2004-NM-10-AD; Amendment 39-13447; AD Committee on Agriculture discharged FLAKE): H.R. 3823. A bill to authorize the extension 2004-03-03] (RIN: 2120-AA64) received Feb- from further consideration. H.R. 2707 ruary 23, 2004, pursuant to 5 U.S.C. of nondiscriminatory treatment (normal 801(a)(1)(A); to the Committee on Transpor- referred to the Committee of the Whole trade relations treatment) to the products of tation and Infrastructure. House on the State of the Union and Belarus; to the Committee on Ways and 6784. A letter from the United States Trade ordered to be printed. Means. Representative, Executive Office of the f By Mr. RENZI: President, transmitting a report on the in- H.R. 3824. A bill to facilitate the operation, tent to initiate negotiations for a free trade TIME LIMITATION OF REFERRED maintenance, and capital improvement of agreement between the United States and BILL Camp Navajo, Arizona, by the Arizona Army Thailand, pursuant to Section 2104(a)(1) of Pursuant to clause 2 of rule XII the National Guard; to the Committee on Armed the Trade Act of 2002; to the Committee on following action was taken by the Services. By Mr. STEARNS (for himself, Mr. Ways and Means. Speaker: 6785. A letter from the Chair, Office of STUPAK, and Ms. SCHAKOWSKY): H.R. 2707. Referral to the Committee on Compliance, transmitting Second notice of H.R. 3825. A bill to amend title 36, United Agriculture extended for a period ending not proposed procedural rule making under Sec- States Code, to amend the Federal charter of later than February 24, 2004. tion 303(b) of the Congressional Account- the United States Olympic Committee, and ability Act of 1995 for publication in the Con- f for other purposes; to the Committee on the Judiciary, and in addition to the Committee gressional Record, pursuant to 2 U.S.C PUBLIC BILLS AND RESOLUTIONS 1384(b); jointly to the Committees on House on Energy and Commerce, for a period to be Administration and Education and the Under clause 2 of rule XII, public subsequently determined by the Speaker, in Workforce. bills and resolutions were introduced each case for consideration of such provi- and severally referred, as follows: sions as fall within the jurisdiction of the f committee concerned. By Mr. RENZI: By Mr. POMBO (for himself, Mr. RA- REPORTS OF COMMITTEES ON H.R. 3817. A bill to ensure that certain HALL, Mr. FALEOMAVAEGA, Ms. areas are eligible for rural housing assist- PUBLIC BILLS AND RESOLUTIONS BORDALLO, Mr. ABERCROMBIE, Mr. ance; to the Committee on Financial Serv- LEACH, Mr. LANTOS, Mrs. Under clause 2 of rule XIII, reports of ices. CHRISTENSEN, Mr. CASE, Mr. CARDOZA, committees were delivered to the Clerk By Mr. SMITH of New Jersey (for him- Mr. KILDEE, Ms. WATSON, Mr. FLAKE, for printing and reference to the proper self, Mr. HYDE, Mr. LANTOS, Mr. and Ms. MILLENDER-MCDONALD): ROHRABACHER, Mr. BELL, Mr. GREEN calendar, as follows: H. Con. Res. 364. Concurrent resolution to of Texas, Ms. ROS-LEHTINEN, Mr. [Pursuant to the order of the House on Feb- recognize more than 5 decades of strategic PAYNE, Mr. PITTS, Ms. HARRIS, Mr. ruary 11, 2004, the following reports were filed partnership between the United States and DICKS, Mr. SANDERS, Mr. SMITH of on February 18, 2004] the people of the Marshall Islands in the pur- Washington, Mr. BAIRD, Mr. suit of international peace and security, and Mr. BOEHLERT: Committee on Science. FALEOMAVAEGA, and Mr. BROWN of for other purposes; to the Committee on House Concurrent Resolution 189. Resolution Ohio): celebrating the 50th anniversary of the Inter- H.R. 3818. A bill to amend the Foreign As- International Relations. national Geophysical Year (IGY) and sup- sistance Act of 1961 to improve the results By Mr. EVANS: H. Con. Res. 365. Concurrent resolution porting an International Geophysical Year-2 and accountability of microenterprise devel- supporting the goals and ideals of National (IGY–2) in 2007–08; with an amendment (Rept. opment assistance programs, and for other Purple Heart Recognition Day; to the Com- 108–422). Referred to the House Calendar. purposes; to the Committee on International mittee on Armed Services. Mr. BOEHLERT: Committee on Science. Relations. By Mr. KILDEE (for himself, Mr. H.R. 1292. A bill to encourage the develop- By Mr. BAIRD (for himself, Mr. WU, QUINN, and Mr. LEVIN): ment and integrated use by the public and Mr. NETHERCUTT, Mr. BEREUTER, Mr. private sectors of remote sensing and other H. Con. Res. 366. Concurrent resolution ex- LARSEN of Washington, Mr. DICKS, pressing the sense of the Congress regarding geospatial information, and for other pur- Mr. INSLEE, Mr. MCDERMOTT, Mr. poses; with an amendment (Rept. 108–423). negotiating, in the United States-Thailand SMITH of Washington, Mr. DEFAZIO, Free Trade Agreement, access to the United Referred to the Committee of the Whole Mr. SOUDER, Mr. POMEROY, Ms. House on the State of the Union. States automobile industry; to the Com- HOOLEY of Oregon, Mr. BLUMENAUER, mittee on Ways and Means. [Filed on February 24, 2004] Mr. WALDEN of Oregon, Mr. GOODE, By Mr. SMITH of New Jersey (for him- and Ms. DUNN): Mr. POMBO: Committee on Resources. self, Mr. WOLF, Mr. LANTOS, Ms. ROS- H.R. 3819. A bill to redesignate Fort H.R. 2707. A bill to direct the Secretaries of LEHTINEN, Mr. ROHRABACHER, Mr. Clatsop National Memorial as the Lewis and the Interior and Agriculture, acting through PENCE, Mr. PAYNE, Mr. BROWN of Clark National Historical Park, to include in the U.S. Forest Service, to carry out a dem- Ohio, Mr. SHERMAN, Mr. COX, Mr. the park sites in the State of Washington as onstration program to assess potential water well as the State of Oregon, and for other PITTS, Mr. BURTON of Indiana, Mrs. savings through control of Salt Cedar and purposes; to the Committee on Resources. JO ANN DAVIS of Virginia, Mr. GREEN Russian Olive on forests and public lands ad- of Wisconsin, Mr. BERMAN, Ms. HAR- By Ms. DELAURO (for herself and Mr. ministered by the Department of the Interior RIS, Mr. KING of New York, Mr. DINGELL): and the U.S. Forest Service; with amend- H.R. 3820. A bill to protect United States MCNULTY, Mrs. NAPOLITANO, Mr. ments (Rept. 108–424, Pt. 1). Referred to the workers from competition of foreign ROTHMAN, Mr. CAPUANO, Ms. KAPTUR, Committee of the Whole House on the State workforces for performance of Federal and Mr. HOLT, Mr. CHABOT, Mr. UDALL of of the Union. State contracts for goods or services; to the New Mexico, Mr. FERGUSON, Mr. Mr. SENSENBRENNER: Committee on the Committee on Government Reform. SHIMKUS, Mr. TANCREDO, Mr. KIRK, Judiciary. H.R. 2391. A bill to amend title 35, By Mr. KOLBE (for himself and Mr. Mr. BURR, Mr. BLUMENAUER, Mr. United States Code, to promote research STENHOLM): SOUDER, Mr. FRANKS of Arizona, Mrs. among universities, the public sector, and H.R. 3821. A bill to amend title II of the So- KELLY, Mr. MCGOVERN, Mr. MCKEON, private enterprise; with amendments (Rept. cial Security Act to provide for individual Mr. ANDREWS, Mr. PICKERING, Ms. 108–424). Referred to the Committee of the security accounts funded by employee and MCCARTHY of Missouri, Mr. SCHIFF, Whole House on the State of the Union. employer Social Security payroll deductions, Mr. AKIN, and Mr. MENENDEZ): Mr. SENSENBRENNER: Committee on the to extend the solvency of the old-age, sur- H. Res. 530. A resolution urging the appro- Judiciary. H.R. 3036. A bill to authorize ap- vivors, and disability insurance program, priate representative of the United States to propriations for the Department of Justice and for other purposes; to the Committee on the 60th session of the United Nations Com- for fiscal years 2004 through 2006, and for Ways and Means, and in addition to the Com- mission on Human Rights to introduce a res- other purposes; with amendments (Rept. 108– mittee on Rules, for a period to be subse- olution calling upon the Government of the 426). Referred to the Committee of the Whole quently determined by the Speaker, in each People’s Republic of China to end its human House on the State of the Union. case for consideration of such provisions as rights violations in China, and for other pur- Mr. LINDER: Committee on Rules. House fall within the jurisdiction of the committee poses; to the Committee on International Resolution 529. Resolution providing for con- concerned. Relations. sideration of the bill (H.R. 1997) to amend By Ms. MCCOLLUM: By Mrs. BIGGERT (for herself, Mr. title 18, United States Code, and the Uniform H.R. 3822. A bill to amend the Animal STRICKLAND, Ms. GINNY BROWN-WAITE Code of Military Justice to protect unborn Health Protection Act to direct the Sec- of Florida, Mr. MCCOTTER, Mr.

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OSBORNE, Mrs. CAPITO, Mr. WAXMAN, H.R. 1002: Mr. WEXLER. H.R. 2527: Mrs. LOWEY. Mr. HOEFFEL, and Mr. SHAYS): H.R. 1029: Mr. GEORGE MILLER of Cali- H.R. 2550: Mr. OBERSTAR. H. Res. 531. A resolution encouraging in- fornia. H.R. 2601: Mr. ANDREWS, Mr. RANGEL, and creased public awareness of eating disorders H.R. 1057: Mr. BARTLETT of Maryland, Mr. Mr. FILNER. and expanded research for treatment and POMBO, and Mr. WAMP. H.R. 2625: Mr. BERMAN and Mr. BRADY of cures; to the Committee on Energy and Com- H.R. 1083: Mr. CRAMER. Pennsylvania. merce. H.R. 1084: Mr. MURPHY. H.R. 2626: Mr. GORDON, Mr. OLVER, and Mr. By Ms. KAPTUR: H.R. 1117: Mr. DEMINT and Mr. TURNER of WHITFIELD. H. Res. 532. A resolution expressing the Ohio. H.R. 2668: Mr. LEVIN. H.R. 2700: Ms. LINDA T. SANCHEZ of Cali- sense of the United States House of Rep- H.R. 1231: Mrs. BONO. fornia. resentatives that the United States should H.R. 1236: Mr. GARRETT of New Jersey. H.R. 2708: Mrs. MALONEY. H.R. 1267: Mr. CLAY. adhere to moral and ethical principles of H.R. 2711: Ms. CARSON of Indiana. H.R. 1336: Mr. BOUCHER, Mrs. MCCARTHY of economic justice and fairness in developing H.R. 2727: Mr. PRICE of North Carolina and New York, Ms. LOFGREN, Mr. SWEENEY, Mr. and advancing United States international Mr. GONZALEZ. trade treaties, agreements, and investment CRENSHAW, Mr. PLATTS, Mr. PUTNAM, and Mr. H.R. 2743: Mr. MILLER of Florida. policies; to the Committee on Ways and BRADY of Pennsylvania. H.R. 2797: Mr. BURNS. Means, and in addition to the Committee on H.R. 1345: Mr. KENNEDY of Rhode Island, H.R. 2821: Mr. ROGERS of Kentucky. International Relations, for a period to be Mr. KILDEE, Ms. LOFGREN, Mr. OBERSTAR, Mr. H.R. 2851: Mr. WILSON of South Carolina. subsequently determined by the Speaker, in GORDON, Mr. HASTINGS of Florida, and Mr. H.R. 2852: Mr. STENHOLM. each case for consideration of such provi- FRANK of Massachusetts. H.R. 2866: Ms. LINDA T. SA´ NCHEZ of Cali- sions as fall within the jurisdiction of the H.R. 1434: Mr. BALLANCE, Mr. BRADY of fornia. committee concerned. Pennsylvania, Ms. CARSON of Indiana, and H.R. 2928: Mr. HAYES. By Mr. RODRIGUEZ (for himself, Ms. Mr. BELL. H.R. 2945: Mr. ETHERIDGE and Ms. SLAUGH- TER. ROYBAL-ALLARD, Ms. LORETTA H.R. 1478: Mr. HONDA. H.R. 2959: Mr. RYAN of Wisconsin. SANCHEZ of California, Mr. BACA, Mr. H.R. 1508: Mrs. MCCARTHY of New York. H.R. 2967: Mr. SULLIVAN, Mr. ROTHMAN, HINOJOSA, Mr. SERRANO, Mrs. H.R. 1513: Mr. TIAHRT. Mrs. JO ANN DAVIS of Virginia, Mr. PALLONE, NAPOLITANO, Mr. GUTIERREZ, Mr. H.R. 1532: Mr. WYNN, Mr. ROYCE, and Mr. Mr. CARSON of Oklahoma, Mr. LATOURETTE, BECERRA, Mr. GONZALEZ, Mr. PASTOR, RENZI. Mr. LEWIS of Georgia, Mr. DAVIS of Ten- Ms. SOLIS, and Mr. CARDOZA): H.R. 1563: Mr. PASCRELL and Mrs. BONO. nessee, Mr. SHERMAN, Mr. SHIMKUS, and Mr. H. Res. 533. A resolution commemorating H.R. 1608: Mr. CALVERT and Mr. EMANUEL. MENENDEZ. the 75th Anniversary of the Creation of the H.R. 1615: Mr. CAPUANO and Mr. SIMMONS. H.R. 2987: Ms. SCHAKOWSKY, Mr. RUSH, and League of United Latin American Citizens; H.R. 1655: Mr. FRANK of Massachusetts. Mr. FILNER. to the Committee on Government Reform. H.R. 1677: Mr. LEWIS of Georgia. H.R. 1731: Mr. NEY, Mr. HENSARLING, Ms. H.R. 3039: Mr. SWEENEY. OUCHER ORAN f SCHAKOWSKY, Mr. BURGESS, Mr. SMITH of H.R. 3049: Mr. B , Mr. M of Vir- BERSTAR Texas, and Mr. BAIRD. ginia, and Mr. O . ADDITIONAL SPONSORS H.R. 3073: Mr. KILDEE. H.R. 1736: Mr. JOHN, Mr. FROST, Ms. H.R. 3085: Mr. NADLER and Mr. LARSEN of Under clause 7 of rule XII, sponsors DELAURO, Mr. BELL, Ms. SLAUGHTER, and Mr. Washington. were added to public bills and resolu- FILNER. H.R. 3090: Mr. FROST. tions as follows: ISHOP H.R. 1749: Mr. B of New York. H.R. 3099: Mrs. WILSON of New Mexico. H.R. 31: Mr. THORNBERRY. H.R. 1755: Mr. DEMINT. H.R. 3103: Mr. GUTKNECHT, Mr. CAPUANO, H.R. 80: Mr. ROTHMAN. H.R. 1758: Mr. GORDON. Mr. GRIJALVA, Ms. KAPTUR, Mr. FRANK of H.R. 117: Mr. BAIRD. H.R. 1793: Mr. AKIN. Massachusetts, Mr. PETERSON of Minnesota, H.R. 173: Mr. SOUDER, Mr. VAN HOLLEN, Ms. H.R. 1918: Mr. GORDON. and Ms. LINDA T. SA´ NCHEZ of California. HARMAN, and Mr. JOHN. H.R. 1919: Mr. MEEHAN. H.R. 3111: Mr. CARDOZA, Mr. BOUCHER, Mr. H.R. 218: Mr. BURNS, Mr. SCOTT of Georgia, H.R. 1994: Mr. ANDREWS. GEORGE MILLER of California, Mr. SCOTT of Mr. LEWIS of Georgia, Mr. GONZALEZ, Mr. H.R. 2045: Mr. SIMPSON. Georgia, Ms. LORETTA SANCHEZ of California, BOEHLERT, Ms. MAJETTE, and Ms. SLAUGH- H.R. 2107: Mr. RAHALL, Mr. DEUTSCH, Ms. Mrs. DAVIS of California, Mrs. JOHNSON of TER. SCHAKOWSKY, Mr. DELAHUNT, Mr. BOUCHER, Connecticut, Mr. BEREUTER, Ms. DELAURO, H.R. 290: Mrs. CHRISTENSEN, Mr. SWEENEY, and Mr. MORAN of Virginia. Mr. WOLF, Mr. DICKS, Mr. HOEFFEL, Mr. Mr. MURPHY, and Mr. BERMAN. H.R. 2133: Mr. DELAHUNT. HASTINGS of Florida, Mr. PRICE of North H.R. 296: Mr. BROWN of Ohio. H.R. 2137: Mr. DEUTSCH. Carolina, Mr. HOUGHTON, Mr. GERLACH, Mr. H.R. 300: Mr. JONES of North Carolina. H.R. 2198: Mr. RODRIGUEZ and Mr. WEXLER. PAYNE, Ms. MILLENDER-MCDONALD, Ms. HAR- AIRD RIJALVA H.R. 339: Mr. HALL. H.R. 2246: Mr. B , Mr. G , and MAN, Mr. SANDERS, Mr. COSTELLO, Mr. FRANK C NTYRE H.R. 375: Mrs. JOHNSON of Connecticut. Mr. M I . of Massachusetts, and Mr. OWENS. H.R. 391: Mr. KELLER and Mr. CHABOT. H.R. 2247: Ms. JACKSON-LEE of Texas, Ms. H.R. 3173: Mr. GRIJALVA. H.R. 463: Mr. TOWNS, Mr. PAUL, and Mr. WATSON, Mr. MEEHAN, Mrs. DAVIS of Cali- H.R. 3238: Mr. LEWIS of Georgia. SESSIONS. fornia, Mr. KUCINICH, and Mrs. MALONEY. H.R. 3246: Mr. ALEXANDER, Mr. COLE, Mr. H.R. 504: Mr. TIBERI, Mr. FRANK of Massa- H.R. 2262: Mr. PETERSON of Minnesota. REHBERG, Mr. BONILLA, Mr. BOUCHER, Mr. chusetts, Mr. BLUMENAUER, Mr. RANGEL, Mr. H.R. 2293: Mr. DEMINT, Mr. NEUGEBAUER, GORDON, Mr. BAKER, and Mr. MCINTYRE. ENGEL, and Mr. FILNER. Mr. GINGREY, Mr. HENSARLING, Mr. FEENEY, H.R. 3266: Mr. SMITH of Michigan. H.R. 584: Ms. SLAUGHTER, Mr. CUMMINGS, Mr. BEAUPREZ, Mr. MILLER of Florida, Mr. H.R. 3270: Mr. MCCOTTER and Mr. SHAYS. and Mr. DUNCAN. WILSON of South Carolina, Mr. BRADY of H.R. 3324: Mr. FRANK of Massachusetts and H.R. 714: Mr. GORDON. Texas, Mr. JONES of North Carolina, and Mr. Mr. KLECZKA. H.R. 716: Ms. MILLENDER-MCDONALD. NORWOOD. H.R. 3344: Mr. JENKINS, Mr. COSTELLO, Mr. H.R. 802: Ms. SOLIS. H.R. 2296: Mr. SOUDER. HASTINGS of Florida, Mr. SPRATT, Mr. H.R. 814: Mr. ROTHMAN, Mr. BERMAN, Ms. H.R. 2318: Mr. BRADY of Pennsylvania and FATTAH, and Mr. FRANK of Massachusetts. WATERS, Mr. PALLONE, Mr. JEFFERSON, Mr. Mr. BURTON of Indiana. H.R. 3359: Mr. HINCHEY and Mr. OWENS. LATOURETTE, Mr. LEWIS of Georgia, Mr. H.R. 2387: Mr. BACHUS and Mr. DELAHUNT. H.R. 3360: Mr. MCDERMOTT. ARR ADLER BISHOP of Georgia, Mr. MENENDEZ, and Mr. H.R. 2404: Mr. BURTON of Indiana, Mr. H.R. 3361: Mr. F and Mr. N . H.R. 3377: Mr. OWENS. CUMMINGS. BARTLETT of Maryland, and Mr. EHLERS. H.R. 3378: Mr. FRANK of Massachusetts, Mr. H.R. 847: Mr. FROST and Mr. EMANUEL. H.R. 2442: Mr. MCNULTY, Mr. MEEKS of New OLVER, Ms. BORDALLO, Mr. SAXTON, Mr. MAR- H.R. 852: Mr. WEINER. York, Ms. MILLENDER-MCDONALD, Mr. LEWIS KEY, Ms. MCCOLLUM, and Mr. DEUTSCH. H.R. 857: Mr. WELLER, Mr. ROYCE, and Ms. of Kentucky, Mr. WEINER, Ms. HOOLEY of Or- H.R. 3424: Mr. NADLER, Mr. HOEFFEL, Mr. LORETTA SANCHEZ of California. egon, Mr. BLUMENAUER, Mr. LANTOS, Mr. SCOTT of Georgia, Ms. JACKSON-LEE of Texas, H.R. 876: Mr. PITTS, Mr. GUTIERREZ, Ms. SABO, Mr. ROTHMAN, Ms. NORTON, Ms. KIL- and Mr. DOGGETT. KILPATRICK, Mr. GILLMOR, Mr. OXLEY, Mr. PATRICK, Mr. SANDERS, Mr. CUMMINGS, Mrs. H.R. 3425: Mr. UDALL of New Mexico and TURNER of Ohio, Mr. SPRATT, and Mr. CASE. LOWEY, Mr. FOLEY, Mr. MICHAUD, Ms. Mr. NADLER. H.R. 931: Mr. GIBBONS, Mr. TAYLOR of Mis- SLAUGHTER, Mr. OWENS, Mr. CLAY, Ms. H.R. 3432: Mr. GORDON. sissippi, and Mr. QUINN. LOFGREN, Mrs. MALONEY, Mr. CUNNINGHAM, H.R. 3438: Mr. MICHAUD, Mr. GOSS, Mr. H.R. 933: Ms. SLAUGHTER. Mr. ENGEL, Mr. RUPPERSBERGER, Mr. PLATTS, CLAY, and Mr. BISHOP of Georgia. H.R. 944: Mr. PETERSON of Minnesota and Mr. MCDERMOTT, Mr. MCGOVERN, Mr. TOM H.R. 3449: Ms. WATSON. Mr. GORDON. DAVIS of Virginia, Mr. JEFFERSON, Mr. DICKS, H.R. 3450: Mr. BOUCHER and Mr. SCHIFF. H.R. 972: Mr. PETERSON of Minnesota. Mr. GORDON, Mr. DINGELL, Mr. SHIMKUS, Ms. H.R. 3473: Mr. GONZALEZ, Mr. BELL, Mr. H.R. 976: Ms. LEE, Mrs. CHRISTENSEN, Mr. HARMAN, Mr. KLECZKA, and Mr. SHAYS. GARY G. MILLER of California, and Mr. SERRANO, Mr. KUCINICH, Mr. FRANK of Massa- H.R. 2490: Mr. LANTOS. WEINER. chusetts, Ms. WATERS, Mrs. LOWEY, and Mr. H.R. 2494: Mr. VAN HOLLEN. H.R. 3474: Mrs. NAPOLITANO, Mr. BURGESS, HASTINGS of Florida. H.R. 2519: Mr. BRADY of Pennsylvania. Mr. BILIRAKIS, Mr. RENZI, Mr. SOUDER, Mr.

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MOORE, Mrs. MUSGRAVE, Mr. BARTLETT of H.R. 3721: Mr. RAHALL, Mr. OSBORNE, Mrs. H. Con. Res. 310: Mr. RAHALL. Maryland, Mr. CHANDLER, Mr. HERGER, and WILSON of New Mexico, Mr. MATHESON, and H. Con. Res. 311: Mr. FOLEY. Mr. DAVIS of Tennessee. Mr. BURNS. H. Con. Res. 314: Mr. WEXLER. H.R. 3484: Mr. FERGUSON. H.R. 3729: Mr. ACKERMAN, Mr. RANGEL, Mr. H. Con. Res. 324: Mr. SOUDER. H.R. 3527: Mr. SPRATT. FROST, Mr. PALLONE, and Ms. MILLENDER- H. Con. Res. 332: Mr. NORWOOD, Mr. LEVIN, H.R. 3550: Mr. ORTIZ. MCDONALD. Mr. BEAUPREZ, Mr. EVANS, Mr. COX, Mr. H.R. 3572: Ms. KILPATRICK, Ms. NORTON, and H.R. 3731: Mr. BRADLEY of New Hampshire, TIBERI, Mr. RAMSTAD, Ms. SCHAKOWSKY, Ms. Ms. MILLENDER-MCDONALD. Mr. HASTINGS of Florida, Mr. RODRIGUEZ, Ms. BERKLEY, Mr. NETHERCUTT, Mrs. MCCARTHY H.R. 3574: Mr. PEARCE, Mr. ENGLISH, Ms. DELAURO, Ms. CORRINE BROWN of Florida, Ms. of New York, Mr. PLATTS, Mr. PASCRELL, Mr. HARMAN, Mr. BACHUS, and Mr. HERGER. LOFGREN, and Mr. BLUMENAUER. H.R. 3579: Mr. PAUL, Mr. BOEHLERT, Mr. ISRAEL, Mr. KNOLLENBERG, Mr. NUSSLE, Mr. H.R. 3734: Mr. FALEOMAVAEGA, Mr. OXLEY, HINCHEY, Ms. WATERS, Ms. LEE, Mr. AN- HERGER, Mr. HEFLEY, Mr. EDWARDS, Mr. Mr. PETERSON of Pennsylvania, Mr. DUNCAN, DREWS, Mr. FILNER, Ms. NORTON, and Mr. BURR, Mr. CANTOR, Mr. WELLER, Mr. CROW- Mr. CANTOR, and Mr. OSBORNE. OTTER. LEY, Mr. TURNER of Texas, Mr. GARRETT of H.R. 3741: Mr. KIND. H.R. 3582: Mr. BOUCHER. New Jersey, Mr. PENCE, Mr. MCHUGH, Mr. H.R. 3743: Mr. LUCAS of Kentucky and Mr. H.R. 3622: Mr. FATTAH. KENNEDY of Minnesota, and Mr. AKIN. STRICKLAND. H.R. 3635: Ms. MAJETTE, Mrs. JONES of H. Con. Res. 343: Mr. VAN HOLLEN. H.R. 3755: Mr. WILSON of South Carolina, Ohio, Ms. KILPATRICK, Mr. CLAY, Mr. WATT, H. Res. 28: Mr. EVANS, Mrs. MALONEY, Mr. Mr. MILLER of Florida, Mr. MICHAUD, Mr. Ms. LEE, Mr. OWENS, Mr. PAYNE, Mr. LEWIS MCNULTY, and Mr. GERLACH. BACHUS, Mr. LEWIS of Georgia, Mr. BISHOP of of Georgia, Ms. JACKSON-LEE of Texas, Mr. H. Res. 60: Mr. SHAYS. Georgia, and Ms. MAJETTE. DAVIS of Illinois, Ms. CARSON of Indiana, Mr. H. Res. 103: Mr. SPRATT and Mr. KIND. H.R. 3763: Ms. HARRIS, Mr. RENZI, Mr. GON- FATTAH, Ms. WATSON, Ms. EDDIE BERNICE H. Res. 140: Mr. TOOMEY and Mr. TIBERI. ZALEZ, Mr. PLATTS, Mr. HOYER, Mr. WALDEN JOHNSON of Texas, Mr. RUSH, Mr. TOWNS, and H. Res. 389: Mr. FATTAH, Mr. HASTINGS of of Oregon, Mr. WOLF, Mr. HINOJOSA, Mr. Mr. WYNN. Florida, Mr. MENENDEZ, and Mr. HOYER. SHIMKUS, Mr. YOUNG of Alaska, Mr. PAYNE, H.R. 3672: Mr. JACKSON of Illinois, Mr. H. Res. 402: Mr. MOORE. and Mr. GREEN of Texas. LARSON of Connecticut, Mr. CONYERS, Ms. H.R. 3771: Mr. FARR. H. Res. 466: Ms. HARRIS, Mr. LEVIN, Mr. ROYBAL-ALLARD, Mr. POMEROY, Mr. WYNN, H.R. 3778: Mr. SHUSTER, Mr. ENGLISH, and GREEN of Texas, Mrs. CAPPS, and Mr. Mr. LARSEN of Washington, Ms. DELAURO, Mr. HOLDEN. KUCINICH. Mr. LAMPSON, Mr. KENNEDY of Rhode Island, H.R. 3780: Mr. MCGOVERN, Mr. H. Res. 485: Mr. BRADY of Pennsylvania, Mr. COSTELLO, Mr. CLAY, Mr. FRANK of Mas- BLUMENAUER, and Mr. FILNER. Mr. CLAY, and Mr. FILNER. sachusetts, Ms. WOOLSEY, Ms. BERKLEY, Mr. H.R. 3787: Mr. BALLENGER, Mr. SMITH of H. Res. 500: Mr. DAVIS of Tennessee and Mr. SCOTT of Virginia, Mr. SERRANO, Mr. BOU- Michigan, Mr. UDALL of Colorado, and Mr. SMITH of Texas. CHER, Mr. SNYDER, Mr. MARSHALL, Mr. FIL- HILL. H. Res. 510: Mr. FILNER. NER, Mr. MOLLOHAN, Mr. SKELTON, Ms. H.R. 3791: Mrs. MUSGRAVE and Mr. VITTER. H. Res. 514: Mr. ABERCROMBIE. HOOLEY of Oregon, Mr. MCGOVERN, Mr. ABER- H.R. 3795: Mr. Case, Mr. RODRIGUEZ, Mr. H. Res. 522: Ms. ESHOO, Ms. WATSON, Ms. CROMBIE HRISTENSEN ALDWIN , Mrs. C , Ms. B , PAUL, Mr. MCHUGH, and Mr. COSTELLO. CARSON of Indiana, Ms. DELAURO, Mr. JOHN, and Ms. DEGETTE. H.R. 3799: Mr. KINGSTON, Mr. PITTS, Mr. Mr. ROTHMAN, Ms. BORDALLO, Mr. PAYNE, Mr. H.R. 3673: Ms. CARSON of Indiana, Mr. RA- BACHUS, Mr. CRAMER, Mr. EVERETT, and Mr. MEEKS of New York, Mr. FOLEY, Mr. FROST, HALL, Mr. DEUTSCH, Mr. CONYERS, Mr. ROGERS of Alabama. Mr. VAN HOLLEN, Mr. GRIJALVA, Mr. ABER- KUCINICH, Mr. ROTHMAN, and Mr. CUMMINGS. H.R. 3800: Mr. SOUDER and Mr. CRANE. CROMBIE, Mr. STARK, Mr. OWENS, and Mr. H.R. 3695: Mr. PASCRELL. H.R. 3806: Mr. SHIMKUS. H.R. 3712: Mr. CASE, Mr. OWENS, Mr. STARK, JENKINS. H.R. 3815: Mr. FRANK of Massachusetts. Ms. BORDALLO, Mr. MCINTYRE, and Mr. H. Res. 524: Mr. GEORGE MILLER of Cali- H.R. 3816: Mr. SHERMAN and Mr. BOUCHER. fornia, Mr. EMANUEL, Mr. HASTINGS of Flor- ACEVEDO-VILA. H.J. Res. 22: Mr. BRADLEY of New Hamp- ida, Mr. GREEN of Wisconsin, Mr. BARTLETT H.R. 3717: Mr. WICKER, Mr. COLE, Mr. shire. CRAMER, Mr. WELDON of Florida, Mr. PRICE of of Maryland, Ms. KAPTUR, Mr. LANTOS, Mr. H.J. Res. 56: Mrs. BLACKBURN, Mr. NUSSLE, North Carolina, Mr. BRADLEY of New Hamp- EVANS, Ms. JACKSON-LEE of Texas, Mr. and Mr. HEFLEY. KUCINICH, Ms. MCCARTHY of Missouri, Mr. shire, Mr. HASTINGS of Washington, Mr. MIL- H.J. Res. 60: Mr. GOODE. UDALL of Colorado, Mr. FROST, Mr. FRANK of LER of Florida, Mr. BOOZMAN, Mr. HOLDEN, H. Con. Res. 15: Mr. LANTOS, Mr. SAXTON, Massachusetts, Mr. BAIRD, and Mr. Mr. KIRK, Mr. HALL, Ms. MAJETTE, Mr. PUT- Ms. ROS-LEHTINEN, Mr. CANTOR, and Ms. CUNNINGHAM. NAM, Mr. LATOURETTE, Mr. WAMP, Mr. HARRIS. ADERHOLT, Mr. MURPHY, Mr. SESSIONS, Mr. H. Con. Res. 74: Mr. CONYERS. WILSON of South Carolina, Mr. BONNER, Mr. H. Con. Res. 218: Mr. LANGEVIN and Mr. f SMITH of New Jersey, and Ms. ROYBAL-AL- MILLER of Florida. LARD. H. Con. Res. 241: Ms. LOFGREN. H.R. 3719: Mrs. JONES of Ohio, Mr. UDALL of H. Con. Res. 247: Mr. THOMPSON of Cali- DELETIONS OF SPONSORS FROM Colorado, Mr. WU, Mr. MATSUI, Mr. HASTINGS fornia. PUBLIC BILLS AND RESOLUTIONS of Florida, Mr. ENGEL, Ms. JACKSON-LEE of H. Con. Res. 275: Mr. WAXMAN. Under clause 7 of rule XII, sponsors Texas, Ms. SCHAKOWSKY, Mr. FRANK of Mas- H. Con. Res. 298: Mr. HALL, Mr. MICHAUD, were deleted from public bills and reso- sachusetts, Mr. BLUMENAUER, Mr. HINCHEY, Mr. MCKEON, Mr. CARDOZA, and Mr. KING- Ms. ROYBAL-ALLARD, Mr. MEEKS of New STON. lutions as follows: York, Mrs. LOWEY, Mrs. MCCARTHY of New H. Con. Res. 304: Mr. GEORGE MILLER of H.R. 3473: Ms. EDDIE BERNICE JOHNSON of York, and Mr. OWENS. California and Mr. MORAN of Virginia. Texas.

VerDate jul 14 2003 05:05 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.048 H24PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, TUESDAY, FEBRUARY 24, 2004 No. 20 Senate The Senate met at 9:30 a.m. and was appoint the Honorable SAXBY CHAMBLISS, a Mr. REID. Mr. President, this is an called to order by the Honorable SAXBY Senator from the State of Georgia, to per- equitable distribution of time and will CHAMBLISS, a Senator from Georgia. form the duties of the Chair. save a lot of confusion. We therefore TED STEVENS, agree. President pro tempore. PRAYER The ACTING PRESIDENT pro tem- Mr. CHAMBLISS thereupon assumed The Chaplain, Dr. Barry C. Black, of- pore. Without objection, it is so or- the Chair as Acting President pro tem- fered the following prayer: dered. pore. Let us pray. f God of grace and glory, we owe You f HEALTHY MOTHERS AND far more than we can ever repay. RESERVATION OF LEADER TIME HEALTHY BABIES ACCESS TO Thank You for Your gift of abundant The ACTING PRESIDENT pro tem- CARE ACT OF 2003—MOTION TO life and freedom from the chains of PROCEED evil. Thank You also for the love of pore. Under the previous order, the The ACTING PRESIDENT pro tem- family, for the joy of health, and for leadership time is reserved. pore. Under the previous order, the the challenges that make us stronger. f Senate will resume consideration of Lord, deliver us from pride and in- RECOGNITION OF THE ACTING the motion to proceed to consideration gratitude. Inspire our leaders with MAJORITY LEADER of S. 2061. Your presence. May each Senator en- Mr. ENSIGN. Mr. President, I wish to able You to lay the foundation for The ACTING PRESIDENT pro tem- pore. The Senator from Nevada. make a few opening comments on the every decision he or she makes. Pro- medical liability bill. Last year we had tect these leaders as they come and go. f a debate in the Senate on proceeding— Continue to keep each of us from fall- SCHEDULE not voting on but proceeding—to an ing. Empower us to be faithful to our Mr. ENSIGN. Mr. President, today overall medical liability reform bill. high calling to be Your sons and daugh- That vote was 49 to 48 in favor of going the Senate resumes consideration of ters. Bless our military and all who to the bill. Unfortunately, the rules of the motion to proceed to S. 2061, the risk their lives for freedom. We pray the Senate provide that one needs 60 OB/GYN medical malpractice bill. Sen- this in Your gracious Name. Amen. votes. Otherwise, a filibuster, as it is ators who wish to speak on the bill are commonly referred to, is continued. f encouraged to come to the floor during You cannot proceed to debating the today’s session. The Senate will recess PLEDGE OF ALLEGIANCE legislation or to votes or amendments. from 12:30 until 2:15 for the weekly The Honorable SAXBY CHAMBLISS led There are currently 19 States, ac- party lunches. the Pledge of Allegiance, as follows: cording to the American Medical Asso- At 5 p.m. the Senate will vote on the ciation, that are in crisis. Nineteen I pledge allegiance to the Flag of the motion to invoke cloture on the mo- United States of America, and to the Repub- States are experiencing some kind of lic for which it stands, one nation under God, tion to proceed to the bill. As a re- crisis with their medical system be- indivisible, with liberty and justice for all. minder, last night the majority leader cause of problems with medical liabil- filed cloture on the motion to proceed f ity insurance. All but 5 States of the to S. 1805, the gun liability bill. The remaining are showing some problems, APPOINTMENT OF ACTING cloture vote on the motion to proceed the type of problems that have led to PRESIDENT PRO TEMPORE to the gun liability bill will occur on those 19 States being in crisis. The PRESIDING OFFICER. The Wednesday. We had the vote last year and clerk will please read a communication I ask unanimous consent that the couldn’t get it done. Senator GREGG to the Senate from the President pro time until 12:30 p.m. be equally divided and I have introduced the bill before us between the two managers or their des- tempore (Mr. STEVENS). today, the Healthy Mothers and The legislative clerk read the fol- ignees; provided further that the time Healthy Babies Access to Medical Care lowing letter: from 2:15 until 4:50 p.m. be equally di- Act. This bill limits the scope of re- vided in the same manner; with the form of the medical liability system to U.S. SENATE, final 10 minutes prior to the 5 p.m. clo- PRESIDENT PRO TEMPORE, the practice of obstetrics and gyne- Washington, DC, February 24, 2004. ture vote equally divided between the cology and the doctors involved in To the Senate: two leaders or their designees, with the those practices. Under the provisions of rule I, paragraph 3, majority leader in control of the final Using my own State as an example, of the Standing Rules of the Senate, I hereby 5 minutes. at the University of Nevada School of

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

S1467

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VerDate jul 14 2003 01:39 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.000 S24PT1 S1468 CONGRESSIONAL RECORD — SENATE February 24, 2004 Medicine there has been a dramatic de- who are about to deliver babies. The women and children, then I guess that crease in the number of medical stu- stories—there are many of them—are is a political issue. I think it is a legiti- dents deciding to go into obstetrics. tragic in many circumstances. mate political issue. People need to This is happening at a time when Ne- This is, by the way, only one area of know where Senators stand. They need vada is the fastest growing State in the our health care system that is in crisis. to know where our Presidential can- country. Southern Nevada—Las Vegas, Trauma is another place, and we are didates stand on issues of this impor- in particular—is by far the fastest going to address that later this year— tance. I believe that when they find out growing metropolitan area in the Na- emergency rooms. As a matter of fact, where candidates stand, whether they tion. Not only are we not adding the the level I trauma center in Las Vegas are incumbents or challengers, this OB/GYNs we need, we are actually los- closed a couple of years ago because issue will make a difference in their ing them. the doctors could not afford to practice vote come November. The other side will argue that the there because of the liability. There It is that important to our overall General Accounting Office did a study were so many lawsuits—not lawsuits quality of life in America. I believe it and determined that doctors are not that actually had merit to them; some is wrong that we have to have people giving up their licenses. They said that of them did but most of them did not. moving, or not moving, from State to doctors are not leaving their States. Because of the potential liability, the State because they cannot get access The problem with what the General doctors said we cannot afford to work to quality care because the medical li- Accounting Office did is, they went to here. So the level I trauma center that ability costs are too high—one reason the State boards and only did a survey serves a four-State region had to close. versus another reason. of licenses. I was a practicing veteri- That is the same level I trauma center, Some States have enacted good re- narian and still have a license in vet- for those who followed the national form. Colorado and California are the erinary medicine. Once you have a li- news this last year, where Roy Horn of best examples. My State enacted a bill, cense, you never give it up because you Siegfried and Roy was treated after the but, unfortunately, it will take several never want to take the exam again. So tiger had attacked him. It is an excel- years before we know whether that bill when the General Accounting Office lent level I trauma center. It saves will withstand challenge in the courts. asked the State board of medical exam- many lives. Also, there were two huge loopholes in iners how many doctors have given up We had a press conference last year that bill that the trial lawyers were their licenses, and they found out no- where a woman whose father was in able to get in that you will be able to body had given up their licenses, that Las Vegas and had an accident while drive a truck through. That is why should not surprise anybody because the level I trauma center was closed. many in the medical community in Ne- they are not going to give them up. He had to be transferred to another vada are trying to close those loop- That does not mean these doctors are hospital, and because of the delay in holes. not quitting practice in Nevada and treating him, we could definitely argue We need enactment at the national other States—Pennsylvania, West Vir- that this man would be alive today if level. Sixty percent of all medical bills ginia, Washington State, Mississippi, the trauma center had not closed. That are paid by the Federal Government and many others around the country. trauma center was only closed for 1 between Medicare, Medicaid, and vet- It means they haven’t given up their li- week, and it was closed for that reason. erans. It is a national priority. We censes because they don’t want to take The State of Nevada stepped up; our must get this medical liability crisis the exam again. But they are limiting Governor stepped up and said we will under control so that our trauma cen- their practices. And many of them are cover that trauma center under the ters are not closing, so that women leaving those States that are affected. laws of the State of Nevada. have access to their OBs, gyne- Several years ago, California gave us What are the laws of the State of Ne- cologists, and nurse midwives, who are a good model. California is right next vada? It has a $50,000 cap of liability— also covered under this bill. They to my State of Nevada. California total cap. Not $50,000 for pain and suf- sometimes get left out of the discus- passed what is known as MICRA. It is fering but a total cap of $50,000. That is sion, but they are a very important a medical liability reform bill. Luck- not even close to what this bill says. part of our health care delivery system ily, they passed it back then because This bill has a $250,000 cap on non- in this country and delivering healthy the trial lawyers have become so pow- economic, nonmedical damages. You babies. erful across the United States that you can still get all the economic damages The ACTING PRESIDENT pro tem- could never get the same piece of legis- you would have incurred; for instance, pore. The Senator from Illinois is rec- lation passed in California. That would loss of income or other types of eco- ognized. be a shame because it has worked so nomic damages. You can get all of the Mr. DURBIN. Mr. President, I thank well. It is the model around which we medical coverage you would need. It is the Senator from Nevada. I know of his built the legislation on the Senate just that $250,000 cap on pain and suf- personal interest in this issue. He has floor today. fering awards. Those are the awards we offered legislation before. Today we are In California—Los Angeles, for exam- have seen that are getting outrageous considering S. 2061, which has been of- ple—OB/GYN medical liability insur- all across America. fered initially by Senator GREGG of ance is somewhere a little over $50,000 That level I trauma center, luckily New Hampshire and Senator ENSIGN. a year. In Las Vegas, where we don’t for Roy Horn, was open. Without the It is important to note that this bill, have and haven’t had this wonderful type of intense care you can receive in which was brought directly to the MICRA law on the books, premiums a trauma center, Roy Horn, I think it floor, has not been the subject of any can run anywhere from $110,000 up to could be argued, would not be with us committee hearings. In fact, there has $200,000 a year. Not only that, they are today. been no effort, to my knowledge, to sit telling the doctors in Las Vegas, you Mr. President, even though we have down and find a bipartisan compromise have to limit the number of deliveries limited this bill to the practice of ob- or sponsorship for this legislation. This you do, especially if you are practicing stetrics and gynecology, we do have a bill was presented to the Senate a few on high-risk deliveries. much bigger problem in this country, a days before we went into recess, and If you are a woman who has a high- problem that must be addressed. We now it is being called this day. risk pregnancy, you want the best pos- are in a political season today. We What is interesting, as well, is that sible doctor you can get. Unfortu- know that. It is an election year for there are announcements from the Re- nately, those doctors are having to the President, the Senate, and the publican leadership that we will quick- limit their practice or retire or leave House, and there is a lot of politics ly move after the vote on this bill to the State because they cannot afford going on. Some people say: You guys other issues, and they have been enun- medical liability coverage any longer. are just doing this with OB/GYNs to ciated. This is a crisis—a crisis of access to make a political issue out of it. The point I want to make is this: I health care for women who need the If people want to stand up and say don’t believe this is a constructive ef- health care, women who are in search that they don’t want to fix the problem fort that leads us to a solution to a na- of gynecological services or women happening with access to care for tional problem. This, instead, is a bill

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.004 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1469 being called for one reason only: To get doors of the courthouse to victims of ance rates as a result of this bill, and a rollcall. It is a bill being called today malpractice, this time under the guise no woman should expect greater access to put Senators on the spot. Vote yes; of expanding health care access for to health care for themselves or their vote no. Why? Because, frankly, there women and infants. babies. are some on one side of the issue who Once again, the Senate should reject What women should expect, on the want to demonstrate that they are con- this bill for what it is: a maneuver de- other hand, is a two-tiered legal sys- cerned. So they are bringing a bill to signed to protect nothing but the prof- tem that restricts their rights in the the floor. They want a rollcall so they its of insurance companies, HMOs, courthouse if they are hurt by the neg- can say to those who are looking for pharmaceutical companies, and med- ligence of a doctor, HMO, drug com- some change and for some legislative ical device manufacturers. pany, or medical device manufacturer. progress: See, we moved quickly on Democrats and Republicans agree This bill is unjust. It restricts wom- this. We brought a bill to the floor and, that skyrocketing malpractice insur- en’s access to the legal system while darn it, it didn’t pass. We will try to ance premiums are a serious challenge. preserving it actually for men. get to it later in the session. Too many doctors, especially obstetri- Under this bill, if a man shows signs From my point of view, that is not cians and gynecologists, are being of lung cancer and his illness is the way to approach this. We should forced to pay exorbitant premiums be- misdiagnosed due to the negligence of have dealt with this in good faith and cause of the arbitrary actuarial for- his doctor, he can recover damages to constructive, bipartisan effort to try to mulas of insurance companies. This is compensate him fully for his injuries. find a solution to a serious national a national problem, and it demands our But if a woman with cervical cancer problem. But that is not the case. In- attention. But like last year, this bill suffers the same negligence, her dam- stead, we are having a head-on colli- actually does nothing to help doctors. ages will be arbitrarily capped. If a sion between the trial lawyers on one Despite the claims of the insurance man is prescribed defective blood pres- side and the doctors on the other side. companies, every piece of available evi- sure medication by an internist, he can I come to this debate as someone who dence shows that capping damages has recover full damages. But if a woman is had a little bit of experience in this absolutely no impact on the cost of prescribed blood pressure medication issue a long time ago. Before I was malpractice insurance. during pregnancy that causes blood elected to Congress 21 years ago, I was According to the Medical Liability clots, her damages will be capped. a practicing lawyer. I used to defend Monitor in a sampling representative The real problem with this bill is not doctors who were sued for medical mal- of all States with caps on damages, merely that it values the injuries of practice. I did that for 5 or 6 years. I malpractice insurance premiums for men and women differently, as trou- came to understand the nature of these OB/GYNs actually increased by as bling as that is, the real problem is much as 54 percent in 2003. In States lawsuits and how complicated and that it presumes that politicians in without caps on damages, OB/GYN pre- painful many of them are. Then I was Washington are better able to deter- miums increased no more than 14 per- on the other side of the table, rep- mine how to compensate injured pa- cent in 2003. Many States without caps resenting patients who went into a doc- tients. saw no increases whatsoever. tor’s office or a hospital and were in- Every year, tens of thousands of We have a situation, again docu- jured and they sought compensation women and infants are injured at the because of these injuries. So I have mented by the Medical Liability Mon- itor, that States with caps saw in- hands of OB/GYNs. seen both sides of the issue. I come to Nine years ago, Colin Gourely of Ne- creases of as much as 54 percent last this debate with the belief that we need braska suffered complications at birth year. States with no caps saw increases to bring all of the parties together to due to his doctor’s negligence. Today, of no more than 14 percent last year. find a solution. What we have with this he has cerebral palsy and is confined to bill, I am afraid, does not come close to A recent study by the Weiss rating organization found that caps on non- a wheelchair. In his short life, he has addressing a serious national issue. needed five surgeries to correct bone Mr. President, I see that the Demo- economic damages failed to result in problems and sleeps in a cast every cratic leader, Senator DASCHLE, has lower premiums for doctors, despite night to prevent further orthopedic taken to the Senate floor. I planned on the fact they did reduce the amount in- problems. giving a rather lengthy speech. At this surers had to pay out to victims. Insur- Shannon Hughes from South Caro- point, I would like to yield the floor to ers merely kept the savings for them- lina was in the middle of a difficult the Senator from South Dakota and selves and left doctors to fend for labor. Despite repeated calls, the doc- then I can resume after he is finished. themselves. The ACTING PRESIDENT pro tem- In the months since we last discussed tor wouldn’t come until her 35th hour pore. The minority leader is recog- this issue, the GAO and the CBO both of labor. It turned out that the umbil- nized. released reports demonstrating that ical cord was wrapped around her Mr. DASCHLE. Mr. President, I the primary factor driving insurance baby’s neck cutting off oxygen. Today, thank the distinguished Senator from premiums higher is not malpractice Shannon’s son, Tyler, is severely brain Illinois for his courtesy, and I appre- awards, but the insurance companies’ damaged and bedridden. He requires ciate very much the leadership he has desire to recover their investment constant medical care and is fed provided. He has said on many occa- losses. After trying to pass on the cost through a tube. sions that it is imperative we address of their bad investments to doctors, When Alexandra Katada was born in this issue in a meaningful, comprehen- they are now trying to do the same McKinney, TX, the doctor stretched sive way. Senators on both sides of the thing by limiting the rights of injured her spine, destroying her nerves, leav- aisle recognize that this situation will patients. ing her partially paralyzed. The baby’s not resolve itself; that it must be ad- Even the insurance industry admits elbow was pulled from its socket and dressed. But like him, I share the con- that caps will not protect doctors from broken. She died 8 months later from cern that the bill before us just doesn’t higher insurance premiums. A press re- her spinal injuries. do that. lease published on March 13, 2002, by Let us be clear: No amount of money Last year, the Senate was asked to the American Insurance Association can compensate a parent for their consider a bill that promised to reduce stated: child’s pain, but malpractice awards insurance premiums for doctors by re- Insurers never promised that tort reform are not simply about money. They are stricting the legal rights of injured pa- would achieve specific premium savings. . . . about offering victims a sense of jus- tients. That bill was rejected by a Just last year, Bob White, president tice, a way to hold accountable those strong bipartisan margin in the Senate of the largest medical malpractice in- responsible for their injuries or the for one simple reason: It was a sham. It surer in Florida, stated: death of their loved ones. put the profits of insurers ahead of the No responsible insurer can cut its rates Some have said that without limits, rights of patients, while offering doc- after a [medical malpractice tort ‘‘reform’’] the legal system looks more like a lot- tors no real relief whatsoever. bill passes. tery. But no jury award could ever Today we are being asked to consider Take it from the insurers themselves, make the parents of Colin Gourely or yet another bill that seeks to close the no doctor should expect lower insur- Tyler Hughes or Alexandra Katada feel

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.006 S24PT1 S1470 CONGRESSIONAL RECORD — SENATE February 24, 2004 that they were holding a winning tick- cern about the medical malpractice Let’s go to the root cause of the et. premium situation in our State. I have issue. Why are we even debating this Malpractice awards are decided by told them what we are doing today is issue of medical malpractice? There juries and approved by judges. This is frankly a political exercise. It is an ex- are several reasons. First, the men and the same system on which we rely to ercise to come up with a roll call vote women who are engaged in the medical decide life and death issues in capital so those on one side of the issue can go profession are some of the most impor- cases. Why would we not trust our citi- to their supporters and say, we have tant people in our lives, some of the zens to fairly evaluate how to deliver worked hard. We brought this bill to most important people in America. justice for the victims of medical mal- the floor, we have been stopped, and we These are men and women who at great practice? cannot get back to it because we are so personal sacrifice go to medical school Democrats are eager to work to- busy. Frankly, that is no solution. In so that they are trained and skilled to gether with our colleagues to craft a State after State, including my State, be there when we need them, when our real solution to the problem of rising there are areas where there are serious families need them. Time and again, malpractice premiums. But, once medical malpractice premium prob- my family and most who are following again, rather than working with us to lems. They arise for a variety of rea- this debate have turned to a doctor in craft a true compromise that would ad- sons. Memorial Hospital in Belleville, the hopes that he or she can cure an dress the problems of increasing insur- IL, has lost numerous obstetricians illness, provide some hope, give people ance premiums, the Republican leader- and gynecologists in the last year due some reason to believe they can over- ship has decided to bring this bill to to rising malpractice premiums. Com- come a disease, disability, or an injury. the floor with the same level of prob- munity leaders in that town, which I Doctors are so critically important lems, the same concerns we had 7 am familiar with—it is an area I grew to all of us and yet when one takes a months ago. up in—have come to me and said, this look at a doctor’s practice, at a doc- If our colleagues were serious about is a real source of concern. We are los- tor’s skills, there is a human side to combating the rising cost of mal- ing doctors. They are doctors who are the equation. They are human beings. practice premiums, they would join us leaving the practice to retire early, and They do make mistakes. Some are sim- in supporting bipartisan legislation I met one doctor in that circumstance. ple negligence. Some are far worse. that includes both long-term and There are some who are moving to When these mistakes occur, when a pa- short-term solutions that directly ad- rural counties where the malpractice tient is in a hospital or a doctor’s of- dress the rising premiums without premiums are lower and they are fur- fice and the wrong thing is done and harming injured Americans—solutions ther away, of course, from the people that patient is injured, what should such as individual tax credits to offset they originally served. Some are mov- happen? In most walks of life in Amer- costs when premiums rise sharply; rea- ing across the river to Missouri where ica, we are held accountable for our ac- sonable limits to punitive damages; they are finding malpractice premiums tions. prohibitions against commercial insur- are a fraction of what they are in Illi- If I decide this evening to take my ers engaging in activities that violate nois. car and go out speeding on a highway, Federal antitrust laws; sensible ways There is no doubt in my mind there strike another car and injure someone, to reduce medical errors; and direct as- is a serious problem that needs to be I will be held accountable. I was neg- sistance to geographic areas that have addressed. It is not just in the obstet- ligent. I did not reach the standard of a shortage of health care providers due rical/gynecological area. The OB/GYN safety that is expected of me as a driv- to dramatic increases in malpractice issue is an important one, but there are er and I must pay the price. That is premiums. other areas of need relative to trauma true for businesspeople, for individuals, The Senate faced a similar situation care, neurosurgery, and orthopedic sur- discussing concerns about the rising gery. The list is long and we need to for virtually everyone in America. It is terrorism insurance rates. Some address it in a serious and responsible certainly true for medical profes- thought then that the only solution way. sionals. When they make a mistake by was to undo the jury system. Instead, This bill, however, is being brought negligence or intentional misconduct, the Senate worked together and devel- to us on a moment’s notice. This bill is they can and should be held account- oped a bipartisan solution that fixed being brought to us in an effort to real- able. I think that is part of our system the problem and brought down insur- ly check off the box that says, yes, we of justice. Very few, if any, people ance rates dramatically. considered medical malpractice and argue that is not a reasonable thing to We should pursue the same model for now we are going to move on. That is do. addressing this problem as well. unfair and it is unfortunate, and we How serious then are the number of There is no question that mal- can do better. medical errors and medical mal- practice rates are a serious problem. I will tell my colleagues a story practice cases that occur across the Doctors and patients deserve a real an- about some of the situations I know of United States? Well, the most far- swer. This bill is not it. I urge my col- in my State. Eduardo Barriuso, who is reaching study of the extended cost of leagues to reject cloture. a physician in the Humboldt Park area medical errors in hospitals and doctors’ I yield the floor. of Chicago, pays $104,000 a year for mal- offices was published by the Journal of The PRESIDING OFFICER (Mr. practice insurance. He earns about the American Medical Association last SANTORUM). The Senator from Illinois. $175,000 because the patients he sees October. This is a dispassionate, objec- Mr. DURBIN. Mr. President, I thank are poor patients, Medicaid and Medi- tive analysis of the likelihood of med- the Senator from South Dakota be- care patients. Doctors who depend on ical errors and medical negligence in cause I think he has raised an impor- Medicaid and Medicare are not wealthy America. The authors of the study ana- tant issue of concern in this debate and individuals, but they perform a valu- lyzed 7.4 million patient records from that is one I have initiated in my open- able function because if they are not 994 hospitals in 28 States, representing ing remarks. We need to have a con- there to serve the poorest of the poor, some 20 percent of all the hospitals in structive bipartisan conversation then who will? America. This was an exhaustive about a serious national problem. In- This doctor says that faced with study. stead, this bill, S. 2061, was introduced $104,000 in annual premiums and a They concluded medical injuries in just a few days ago without a com- $175,000 annual income, he cannot con- hospitals ‘‘pose a significant threat to mittee hearing, reference to com- tinue his practice, and he certainly patients and incur substantial costs to mittee, without any attempt to find cannot pass on the higher costs of med- society,’’ and ‘‘are a serious epidemic common ground and find a solution. In ical malpractice insurance to his pa- confronting our health care system.’’ fact, it is being called today so there tients who are poor people. A study in the Journal of the Amer- will be a vote on record and nothing Another Chicago area OB/GYN has ican Medical Association has told us as else. It is anticipated the bill will not announced he is going to study to ob- we go into this debate the first thing go forward. tain his pharmacist license. Right now we can acknowledge is we have an epi- I spoke to doctors in Illinois over the he is paying $115,000 a year for liability demic of medical negligence in Amer- weekend, doctors who share my con- insurance. ica. Now this was not the Journal of

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.008 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1471 the American Trial Lawyers. This was dustry in the 1980’s, the hospital has im- At St. Joseph, the zeal for quality im- the Journal of the American Medical proved patient care and reduced medication provement is helping the sickest patients. Association. They published a study errors, waiting time in the emergency room When Dr. Ferrigni read an article in a recent that told us and warned us we have a and infection rates. It has even sharply re- issue of The New England Journal of Medi- duced nursing turnover, which prevents cine linking high glucose levels to an in- serious problem in America. many hospitals from delivering consistent creased chance of infections, he knew that he The study found injuries in U.S. hos- care. had found his next big opportunity for im- pitals in the year 2000, for just one Other hospitals are also starting to use proving patient care. Infections acquired in year, led to approximately 32,600 some of the techniques that have made in- hospitals and intensive care units are com- deaths, at least 2.4 million extra days dustry more efficient in its quest to improve mon, according to a report released in De- of patient hospitalization, and addi- quality and save money. Every year, pre- cember by the government’s Agency for tional costs of up to $9.3 billion. These ventable medical errors cost $9 billion, and Healthcare Research and Quality; about two tens of thousands of lives, according to a re- injuries did not include adverse drug million patients are infected each year at a cent study by the Agency for Healthcare Re- cost of more than $4.5 billion. reactions or malfunctioning medical search and Quality, part of the Department The stress of illness results in higher devices. of Health and Human Services, and Johns gluclose levels for most patients—not just Dr. Carolyn Clancy, Director of the Hopkins University. those with diabetes. Dr. Ferrigni decided to Agency for Health Care Research and Whether in industry or in health care, a see if lowering glucose levels in the intensive Quality, called medical errors ‘‘a na- quality strategy ‘‘gives a unified vocabulary care unit by giving patients intravenous in- tional problem of epidemic propor- for thinking about production as a system sulin would lower infection levels. Initially, tions.’’ with a focus on customers,’’ said Donald Ber- the project ran into ‘‘tremendous resist- wick, founder of the Institute for Healthcare ance,’’ he said. Doctors were concerned that This was at a hearing before the Gov- Improvement, an advocacy organization giving patients insulin might result in brain ernment Affairs Committee last June. based in Boston. injury and seizures. Dr. Ferrigni, however, She said Congress and the Bush admin- Many hospitals are using a road map pro- persuaded his colleagues to allow him to istration need to make sure health care vided by General Electric, which has been gradually reduce blood sugars of patients in professionals work in systems that are selling its productivity-enhancing, cost-cut- the intensive care unit. As blood sugars de- designed to prevent mistakes and catch ting elixir known as Six Sigma, along with clined among the patients, overall mortality problems before patients are injured. medical imaging equipment, to hospitals in the unit declined by 40 percent. around the country. Six Sigma is a statis- According to the Institute of Medi- The results were so astonishing that the tical measure that can be applied to any in- hospital decided to make the reduction of cine, the medical errors epidemic has dustry and refers to a goal of reducing errors glucose levels for all patients, not just those caused more American deaths per year to 3.5 parts per million. Two years ago, for in intensive care, a quality goal. Today, all than breast cancer, AIDS, and auto- example, the North Shore-Long Island Jew- patients are given glucose tests and, if nec- mobile accidents combined. It is the ish Health System contracted with GE Med- essary, get insulin. Hospitalwide, that equivalent to a jumbo jetliner crashing ical Systems and the Harvard School of Pub- change is credited with reducing deaths over every 24 hours for an entire year. lic Health to help start a leadership training all, not just from infections, by 28 percent More than 70 studies of the past dec- center. Similarly, after close to a decade of from the average recorded from 1998 to 2001. Because each serious infection costs about ade have documented serious quality cost-cutting, the Yale New Haven Hospital also recently signed up with GE. $35,000, the savings are also huge. ‘‘This is problems in medical treatment, yet New devotees of quality are beginning to the single most important leverage point for this bill before us today, S. 2061, does measure and analyze everything from waste reducing mortality that’s available to hos- absolutely nothing to address this un- and waiting time to infection rates and the pitals,’’ Dr. Ferrigni said. ‘‘This is incredibly derlying problem of patient safety. narrow avoidances of mistakes in treatment, powerful stuff.’’ How can we in good conscience talk as well as organizational barriers to im- The effort, however, also demonstrated a about a medical malpractice problem provement. major organizational challenge. ‘‘Doctors In a culture ruled by a fear of malpractice, and conclude the only place we need write the orders, but nurses have to make it the focus on quality involves a shift from se- work,’’ Dr. Ferrigni said, explaining that the look is to the courtroom, to the pa- crecy to transparency—including reporting glucose initiative significantly increased tient once injured who goes to the and dissecting mistakes. nurses’ workloads. courthouse seeking some compensa- That shift may be helped by a provision of Blood sugar, once measured four times a tion, some accountability for an injury the Medicare legislation passed in December day, now must be measured 12 times a day in that was absolutely no fault of their that withholds a small part of Medicare pay- intensive care. Once nurses saw the impact own? Yet the bill before us is abso- ments if a hospital refuses to disclose qual- of the glucose testing, however, ‘‘they got all lutely silent when it comes to making ity data. ‘‘It’s not a lot of money, but it’s in- over it,’’ Dr. Ferrigni said. credibly historic,’’ said Robert Galvin, direc- Some of the greatest quality challenges in- doctors’ offices, hospitals, and patient tor for global health care of G.E. and a volve persuading employees in various de- treatment safer. founder of the Leapfrog Group, an industry partments to cooperate. Consider the effort, This last Sunday in the New York consortium aimed at improving health care. known as 30/30, to cut waiting time in emer- Times, an interesting article on pa- A few hospitals, including Dartmouth gency rooms. The goal is to evaluate pa- tient safety was published. I ask unani- Hitchcock Medical Center in New Hampshire tients with life-threatening illnesses or inju- mous consent that the article be print- and the nine hospitals that form the Wis- ries in just 30 seconds and to reduce the time consin Collaborative for Healthcare Quality, needed to admit patients to a hospital bed ed in the CONGRESSIONAL RECORD. have begun to publish comparative quality from the emergency room to 30 minutes. There being no objection, the mate- data on their Web sites, including statistics Improvements in the emergency room in- rial was ordered to be printed in the like mortality rates. volved a number of departments. When X- RECORD, as follows: At St. Joseph, where a quality strategy rays were needed, it often took an hour for [From the New York Times, Feb. 22, 2004] was first embraced in the late 1980’s, meas- an X-ray technician to get to the emergency RUNNING A HOSPITAL LIKE A FACTORY, IN A urement, standardization and analysis are room. To solve the problem, one X-ray tech- GOOD WAY obsessions. nician was permanently transferred there. ‘‘When I came here, everything was done Or, in admitting psychiatric patients, the (By Andrea Gabor) differently,’’ said Filippo Ferrigni, who has hospital had to wait for an evaluation by an On the face of it, SSM St. Joseph Health led the hospital’s intensive care unit since outside psychological social worker before Center, a small hospital in suburban St. 1987. ‘‘We didn’t even measure blood pressure moving patients out of the emergency room, Louis, does not seem very revolutionary in the same way in everyone. We decided we a process that averaged 90 minutes. To re- business terms. The hospital is a nonprofit needed to have internal standards for meas- duce the wait, the hospital hired a psycho- institution run by the Franciscan Sisters of urement of at least blood pressure, pul- logical social worker. Mary. The chief executive, Alan Kevin Kast, monary artery pressure, temperature, the Within two years, SSM St. Joseph has met is a former seminarian who begins his meet- fundamental building blocks of medicine.’’ its objectives in the emergency room 94 per- ings with prayer and refers to his hospital as The quality push at St. Joseph and the cent of the time, up from about 65 percent a ministry. A crucifix hangs in every room. other hospitals in the group has led to sys- when the project began. To help keep the or- Yet St. Joseph is also guided by worldly temwide benefits. In 1999, the company was ganization from becoming complacent, pa- objectives. The 364-bed hospital, part of SSM in the red, but in 2002 it had net income of tients receive a coupon for $10 of groceries Health Care, which has 20 hospitals in four $17 million, on revenue of $1.8 billion. Amid when SSM misses its 30/30 target. The hos- states and is led by Sister Mary Jean Ryan, nationwide nursing shortages, it lowered an- pital spent $14,450 in 2003 on coupons. is in the vanguard of health care change. By nual turnover to about 10 percent in 2002 The hospital now spends about $200,000 using the quality and productivity tech- from 15 percent in 2000. The national average more each year on increased emergency- niques that helped strengthen American in- turnover rate is more than 20 percent. room staffing. But a jump in admissions has

VerDate jul 14 2003 01:39 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.010 S24PT1 S1472 CONGRESSIONAL RECORD — SENATE February 24, 2004 more than made up for that cost. In 2002, St. They are using a process called Six Mr. DURBIN. I am happy to yield for Joseph garnered about 68 percent of all new Sigma. It is a statistical measure and a question. emergency room admissions in St. Charles refers to the goal of reducing errors to Mr. CORNYN. In my own State of County. After years without growth, the hos- 3.5 parts per million. What they found Texas, that passed a constitutional pital also had a 7 percent increase in patient amendment along with implementing admissions in general in 2001, and the same is this: increase in 2002. New devotees of quality are beginning to legislation to reduce the cost of med- Some major health care institutions, like measure and analyze everything from waste ical liability insurance, we have seen Johns Hopkins and the Mayo Clinic, have and waiting time to infection rates and the reductions offered by medical liability been pursuing quality initiatives for years, narrow avoidances of mistakes in treatment, carriers of 12 percent in one case and but generally the mantra has been slower to as well as organizational barriers to im- projected to be as much as a 19 percent penetrate big institutions. provement. reduction in medical liability insur- Large teaching hospitals, which juggle The article says: ance costs. teaching, research and patient care, have In a culture ruled by a fear of malpractice, While I certainly would agree with special challenges. Because of their resi- the focus on quality involves a shift from se- the Senator from Illinois that reduc- dency programs, many of their doctors are crecy to transparency—including reporting tion of errors is an important goal, temporary. At Yale-New Haven, one big and dissecting mistakes. would he not find a reduction of med- question is whether a hospitalwide quality Let me go on in the article. They effort can succeed when only 10 percent of ical liability insurance rates of 12 to 19 the hospital’s 2,600 physicians are full-time. noted here one specific example. The percent one way to reduce the cost of The rest are community physicians or pro- New England Journal of Medicine had health insurance and health care gen- fessors at the School of Medicine. linked high glucose levels to an in- erally, in a way that would benefit the The hospital began its Six Sigma effort in creased chance of infection, so this hos- public generally? the intensive care unit, which had its own pital decided, particularly in the emer- Mr. DURBIN. I thank the Senator staff of nurses. The project involved reducing gency room and for critical patients, to from Texas. I am aware of his State’s a relatively high rate of blood-stream infec- continue to monitor their glucose lev- experience. I am not an expert on it, tions that occur in patients who have cath- els to avoid the incidence of infection. eters. but I read a little bit about it. When management broached the subject The blood sugars declined among pa- I will say to him I will be citing some with Heidi Frankel, director of surgical crit- tients when they started monitoring statistics in the course of my remarks ical care at the hospital and a doctor at the them and administering insulin to keep that will show that the caps on recov- Yale School of Medicine, she was skeptical. blood sugars down. Simply by using ery for victims of medical negligence ‘‘This isn’t an assembly line; it’s an I.C.U.,’’ this quality approach to reduce the have reduced premiums in some States Dr. Frankel recalled saying. ‘‘But it turned likelihood of infection, this hospital re- but not in others. It is an unpredict- out to be a brilliant and inspired thing to use duced the overall mortality in the in- able outcome, when you reduce the ex- rigid corporate improvement techniques in a tensive care unit by 40 percent. The re- posure of a doctor for his malpractice, patient model because there are many things sults were so astonishing that the hos- we do that are repetitive, and that we could as to whether or not the cost of med- standardize.’’ pital—and I quote again: ical malpractice premiums goes down. After winning over fellow doctors and resi- . . . decided to make the reduction of glu- I would further say to the Senator dents, Dr. Frankel standardized the cath- cose levels of all patients, not just those in from Texas, if our goal is simply to re- eterization procedure and created a training intensive care, a quality goal. Today, all pa- duce medical malpractice premiums, video for the regular influx of new residents. tients are given glucose tests and, if nec- frankly, we could stop people from During the last year, the surgical intensive essary, get insulin. Hospitalwide, that change is credited with reducing deaths over- suing in court. We could basically say care unit cut its catheter-related infection you can’t go to a courthouse if you are rates by about 75 percent. A rigorous quality all, not just from infection, by 28 percent strategy appeals to many hospitals not only from the average recorded from 1998 to 2001. a victim. Malpractice insurance would because it controls costs, but also because it Blood sugar in this hospital, once meas- cease to exist in that case. can improve care. But the process can take ured four times a day, now is measured 12 What we are trying to do here is find years to master. That is why, at St. Joseph, times a day. a balance, a balance that is just and the true believers would also recommend a Those who follow this debate and will fair and says if you are an innocent little prayer. read this article in the CONGRESSIONAL victim of medical negligence, you are Mr. DURBIN. Let me just note a few RECORD I think will understand the entitled to a day in court and a reason- things about it. It is entitled ‘‘Running point I am trying to make. If we are able recovery. That doesn’t mean you a Hospital Like a Factory, in a Good going to reduce the likelihood of doc- can come in and expect punitive dam- Way.’’ tors being sued for malpractice, the ages in every instance, or some enor- The article tells a story of a hospital first stop in that conversation should mous verdict in every instance, but we in suburban St. Louis, the SSM St. Jo- be the reduction of medical errors. If should be able to say that if you are a seph Health Center. It is a very com- we do that, we are serving two goals: victim, you will be able to recover a plimentary article. The hospital is a reducing doctors’ exposure to mal- reasonable amount for your injuries. nonprofit institution run by the Fran- practice and we are making certain I say to the Senator from Texas, in ciscan Sisters of Mary and the chief ex- that patients will go through their this bill, this jury of the Senate has de- ecutive, a former seminarian, has real- medical experience with a much better cided that we know the maximum ly decided to make St. Joseph’s Hos- outcome. amount any woman or baby should be pital different. They have decided they You would think that would be the entitled to recover in a medical mal- are going to go after quality control first title in this bill, ‘‘Reducing Med- practice action for noneconomic losses. and the reduction of patient injuries ical Accidents, Reducing Medical Er- We are saying here that, regardless of and accidents at their hospital. They rors.’’ This bill does not even address the facts, regardless of the culpability are using techniques that are used by that. This bill says that after you are of the doctor, regardless of the cir- private industry. I will quote from the injured, after you have gone to court, cumstances, regardless of how serious article: after you have successfully been given the injury is, the maximum amount a verdict, this bill is going to restrict which the jury of the Senate will Other hospitals are also starting to use some of the techniques that have made the and reduce the amount of money you render in verdict for the victim is hospital industry more efficient in its quest can recover. $250,000 for pain, suffering, and dis- to improve quality and save money. Every From an insurance company’s point figurement. year, preventable medical errors cost $9 bil- of view and the view of some doctors, I say to my friend from Texas, there lion, and tens of thousands of lives, accord- that is good enough. But from the are some who say that is just the price ing to a recent study by the Agency for viewpoint of making American hos- you have to pay; if you want to keep Healthcare Research and Quality, . . . pitals and medical practice safer, that malpractice premiums down, you are So this hospital, St. Joseph’s, in sub- is hardly the place to start. Frankly, going to have to say in some cir- urban St. Louis, decided to consult this bill does not address the core cumstances there is going to be an out- with General Electric, a major corpora- issue. come that makes us feel a little un- tion, to find a way to make the serv- Mr. CORNYN. Will the Senator yield comfortable. I am going to give exam- ices they offer to their patients better. for a question? ples of specific cases where $250,000 in

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.006 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1473 pain and suffering is not even close to Mr. DURBIN. I am happy to yield. of the problem. This bill does not do compensating the family and the child Mr. CORNYN. I appreciate the spirit anything to cut down on the number of who are the victims of malpractice in in which the comments are offered by such suits but only punishes those who these OB/GYN circumstances. the Senator from Illinois, because this make it to court. Mr. CORNYN. Will the Senator yield is a subject where we do need to have Keep this in mind: If a lawsuit is for a further question? a rational debate. Unfortunately, be- worth $250,000 in noneconomic losses, Mr. DURBIN. I am happy to yield cause we cannot get 60 votes to allow which is the maximum under this bill, without yielding the floor. the floor debate and actually vote, we this is a lawsuit where the plaintiff Mr. CORNYN. The Senator from Illi- are engaging in a hypothetical exer- clearly has a cause of action which a nois makes an important point, and cise. jury or judge has decided is a worthy that is there will invariably be one or Wouldn’t the Senator from Illinois cause of action worth compensation. two, perhaps, cases, or a handful of deem it important for this body to These are not frivolous lawsuits that cases, or an example you can point to have a realistic, rational debate and ul- would have $250,000 in noneconomic where a $250,000 limit on noneconomic timately vote to see what the will of losses. Something happened. A patient damages might seem to be too low. But this body and the people we represent went to a hospital or to a doctor and would the Senator agree that what we is when it comes to trying to get some was injured wrongly. are trying to do is use a rather indirect handle on reducing the costs of liabil- This bill is saying we are not going means to try to accomplish a greater ity insurance so more mothers can to address frivolous lawsuits. We will good for the patients who are denied have access to obstetricians and more basically say those who are entitled to access to health care? people can have access to health insur- recover are limited in the amount they For example, in 154 of the 254 coun- ance by reducing health insurance can recovery. ties in my State, a woman cannot find costs? One of the worst parts of this bill, we a baby doctor to deliver her baby be- Mr. DURBIN. I agree with the Sen- will hear arguments in the Senate that cause of the cost of malpractice insur- ator from Texas. I thank him for his we need OB/GYNs across America and ance. Many obstetricians simply decide comments which I believe are good- without these doctors to deliver babies to give up and retire or to move some- faith comments. we will be at a disadvantage. Frankly, place else where malpractice liability In my rank on this side, I do not set no one can argue with that. But when rates are lower. the calendar of how bills are deter- we read the bill, it is about more than While the Senator no doubt can find mined; your leader, Senator FRIST, doctors. This bill, like the last one we an example where the amount is lower does that. I suggest the best place to considered last year, has been expanded than a jury perhaps might award, why start is not on the floor of the Senate to provide protection against lawsuits shouldn’t we take a step in the direc- but for a group, on a bipartisan basis, filed against pharmaceutical compa- tion of bringing some predictability to try to come up with an honest an- nies and medical device companies. and thus bringing some reasonableness swer to this issue and bring it to the We are finding, time and again in the in reducing the rates for liability in- floor and stand together to try to pass Senate, whatever the issue, the Repub- surance so people can have access to lican side of the aisle insists there be doctors where they live? this bill in a responsible way. Simply Mr. DURBIN. The Senator from bringing a bill, take it or leave it, a few at least one provision in every bill that Texas makes an excellent point. I days, no committee hearings, does not is going to benefit the drug companies think that is the reason, I would say to serve the needs we are addressing. of America. In this situation they are my colleague, why once this bill is de- I see a few other colleagues on the saying these drug companies should feated—and I hope it is defeated—once floor so I will go through a few points not be held accountable for the dam- it is defeated, we really have a respon- quickly and return to the Senate later ages and injuries caused by their prod- sibility here. in the day if there is an opportunity. ucts involved in OB/GYN practice. We come from different sides of the This particular bill does not address Why would we do this? Why would we political spectrum. We are about as far the problems of malpractice premiums decide we are going to exempt them apart as they come in this Chamber in in an honest fashion. The problem with from exposure, liability, and account- terms of our political philosophy, but I malpractice premiums is a cyclical in- ability for some of the drugs and de- think we both can see there has a been surance problem. We have had crises vices that are being used across Amer- problem. The medical malpractice pre- before with high premiums in the 1970s ica that cause injury to innocent peo- miums in parts of your State and parts and 1980s. Many States passed changes ple? That is exactly what they do. of my State have reached record high in the law to address this, some in tort Let me give some examples of the levels. These premiums are forcing my reform and some in insurance reform. types of litigation that would have good doctors in Illinois to retire, move This bill does not even look at the in- been eliminated by this bill, had it away to another State or to an area surance companies that are offering been in law. The Dalkon Shield was an that is friendlier when it comes to the medical malpractice insurance. What it IUD on the market in the early 1970s cost of the premiums. There is a denial is basically saying is that we are not and caused thousands of women to suf- of coverage. There is a denial of serv- even going to ask the question as to fer miscarriages, loss of their female ices to a lot of poor people in Texas, Il- whether these companies are over- organs, and infertility. It took eight linois, and a lot of other States. charging doctors and hospitals. In- punitive damage awards to force the Shouldn’t we come together instead stead, we are going to say that the only manager of the Dalkon Shield to fi- of a take it or leave it bill that has culprits, the only people who are at nally recall the product. It was not a never been referred to the Senate Judi- fault in this conversation, are the vic- law passed by Congress. It was a law- ciary Committee, never been the sub- tims of medical malpractice. They are suit filed against the company because ject of a hearing, does not address the ones who have to tighten their of their dangerous product; 400,000 issues of medical safety and other belt, take fewer dollars. We will not claims were eventually filed against issues we can agree should be part of even consider in 2061 asking that the A.H. Robins, the manufacturer of this conversation? Shouldn’t we at the insurance companies be held account- Dalkon Shields. Evidence established end of this debate on this bill sit down able for their own conduct and ask that Robins, the device company, knew and honestly try, on a bipartisan basis, whether they are gouging us when it that its IUD was associated with high to find common ground and com- comes to prices. rates of pelvic disease and septic abor- promise that would serve the goal the How can we have an honest discus- tion and that this company had misled Senator is suggesting, the greater sion of the medical malpractice issue doctors about the device’s safety and good, to make sure these good doctors without addressing medical safety, had dropped or concealed studies on across America will be there when we without asking these important ques- the device. need them? tions of the insurance company? Why in the world we would protect I thank the Senator from Texas. This bill does not address frivolous this brand of reckless, irresponsible Mr. CORNYN. If the Senator will lawsuits. The proponents of tort reform corporate behavior with this bill? The yield for a final question. claim frivolous lawsuits are at the root honest answer is because politically

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.012 S24PT1 S1474 CONGRESSIONAL RECORD — SENATE February 24, 2004 the pharmaceutical companies and the cap noneconomic losses today, there premiums? Part of it is the cost of re- medical device companies have a death will not be a relief for doctors in their insurance. Senator GRAHAM and I ad- grip on this Congress. They get what medical malpractice premiums for dress this and believe that we should they want. We saw that when we con- years to come. create a Federal fund which deals with sidered the prescription drug bill for Senator GRAHAM and I considered reinsurance, where there would be con- seniors and we are seeing it again. that and said we have to deal with this tributions from doctors, hospitals, and There is not a bill that comes through directly. And dealing with it directly health care professionals, and we can here, not one that passes through the means offering a tax credit, particu- see some stability in the amount that traffic in the Senate, where somebody larly to those doctors in specialties is charged. is not looking for a way to increase the where the premiums have gone too This situation we have before us is profits and reduce the liability of phar- high. Doctors today deduct the cost of clear. Caps don’t work. This chart maceutical companies. This is a fur- medical malpractice premiums from shows the percentage increase in me- ther illustration of it. their business expenses. dian premiums for medical malpractice There are other things I could point We would go further and offer to doc- from 1991 to 2002, the States without out, drugs or devices that have been tors and hospitals a tax credit when caps, no limitations on recoveries in used. Let me give one from the State of their premiums skyrocket. That is the verdicts, and the States with caps are Georgia. A&A Medical, a Georgia-based only reasonable way to provide imme- shown in red. You can see that Arizona, manufacturer of OB/GYN devices such diate relief. We have given tax breaks New York, Georgia, and Washington, as forceps, failed to sterilize tens of to a lot of wealthy people across Amer- with no caps, had very modest in- thousands of devices from 1999 to 2002, ica under this Bush administration. creases in malpractice premiums. posing life-threatening injuries to Why can’t we, when it comes to the Take a look at California, which has women. Former staff of this company medical professionals, say they should a $250,000 cap, Kansas, Utah, and Lou- told FDA investigators that sterile and have a tax credit so that skyrocketing isiana. In this period of time, mal- nonsterile devices were routinely premiums do not force them out of practice premiums went up dramati- shipped in the same batches. A month business into retirement or to move cally in the States with the caps. There after urging the company to volun- their practice? is little or no correlation between the tarily recall its products, the FDA In our legislation, we reduce frivo- caps and the fact that malpractice pre- seized and destroyed the company’s in- lous lawsuits. We put in the Durbin- miums are going up. Look at these OB/GYN insurance pre- ventory. The owners of A&A Medical Graham bill penalties for attorneys miums in damage cap States versus left the country after the seizure. who file frivolous lawsuits: The first These are the kinds of companies we time, damages; the second time, even noncap States in 2003: In California, a are trying to protect with this bill? more expense; and the third time we State with caps, there was a 54-percent This is not a question about whether a would subject them to losing their li- increase in OB/GYN premiums with caps in place at the State level; in Or- doctor could deliver a baby in Texas, cense to practice law for a frivolous egon, zero percent increase; against the Connecticut, Ohio, or Alabama. It is a lawsuit. There is no reason any doctor State of Washington, California, 15 per- question about whether or not these or any person, for that matter, should cent, State of Washington, zero per- companies will be held accountable for be subjected to a lawsuit which ties cent; Colorado, 29 percent with caps, their wrongdoing. them up at great expense, costs their Georgia, only 10 percent without caps; There is an approach that can be insurance company money, and raises New Mexico, 52 percent increase in OB/ used and should be used that can bring their premiums when, in fact, that law- GYN medical malpractice premiums a positive outcome. Senator LINDSEY suit is frivolous. There are few of these, with caps, and in the State of Arizona, GRAHAM from the State of South Caro- but there should be none. We think 14 percent. It is an illustration that lina and I have introduced bipartisan there should be a penalty for those who you just can’t rely on these caps to legislation. We have worked to try to take advantage. bring down malpractice premiums for include in this legislation the key ele- We also stop any competitive activi- many years, if at all, and in many ments that we think are necessary for ties by insurers under the McCarran- cases not at all. medical malpractice reform. Let me Ferguson Act, and we provide resources Look at the percentage increase in tell you what they include. to help hard-hit areas of doctor short- median premiums: States with caps, 48 First, dealing with medical safety, ages, particularly rural and inner-city percent between 1991 and 2002; States establish a voluntary system to share areas, through the Department of without caps, 36 percent. medical error information among pro- Health and Human Services. This is an important issue that needs viders and patient safety organiza- We also address the issue of reinsur- to be addressed. I see my colleagues tions. The information shared will be ance. This is a topic we never talk waiting. I will yield the floor but re- immune from legal discovery so there about. Most medical malpractice pre- turn later in the debate. is some transparency in what occurs miums are charged against the initial I hope my colleagues will understand but no liability, so a greater likelihood liability which is usually in the range that we have a serious national prob- they would exchange information. of $1 million, and then the umbrella lem that needs to be addressed, but we Also, consistent with the Institute of policy which covers all the damages should not address it in a way that is Medicine, the bill creates a new center which might exceed $1 million. Then partial, that does not do justice to the for quality improvement. We provide companies are brought in, reinsurance serious challenges we face. We need to immediate relief for doctors and hos- companies, that sell the original insur- reduce medical errors. We need to hold pitals. ance policy. These are the areas where insurance companies accountable. We If there is one point I make, it is we believe there is a need for reform. need to bring about tort reform which this: If Senators are hearing back home Reinsurance costs are about 28 per- stops frivolous lawsuits. We need to that medical malpractice premiums cent of medical malpractice premiums. move into the area of tax credits for are too high and that you should vote Their prices swing widely. They are doctors now—not 4, 6, and 8 years from for this bill, keep in mind what Sen- mainly international corporations sub- now—so they can pay their malpractice ator ENSIGN of Nevada said in the de- jected to little regulation. Frankly, premiums and do it in a fashion that is bate we had a few months ago on a since September 11, reinsurance costs fair—fair to the people who have been similar bill. Capping noneconomic have gone up dramatically across injured and fair to the medical profes- losses will not reduce medical mal- America. sionals who are so important to all of practice premiums for doctors for 4 to As this chart illustrates, this is Hur- our communities. 6 to 8 years. Why? Because there is a ricane Andrew; reinsurance costs I yield the floor. long tail of liability. Doctors’ acts spiked in America. Then they went The PRESIDING OFFICER (Mr. today that constitute negligence can back down again. This is 9/11. After 9/ BROWNBACK). The Senator from Ala- result in court suits tomorrow, next 11, reinsurance costs have gone up. So bama. year, and for years to come when those why are these medical malpractice in- Mr. SESSIONS. Mr. President, we injuries are finally discovered. If we surance companies charging higher are, indeed, losing physicians in the

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.014 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1475 practice of medicine throughout Amer- them doctors—has insurance. They this day or look at the victim and feel ica. Senator DURBIN expressed concern don’t pay the verdict. The insurance sympathetic, or are they more sympa- in the conversations he has been hav- company pays the verdict. How do they thetic to one person than another? ing with doctors in his State, even get the $21 million or whatever they They come up with $50 million for one though he opposes this bill. I traveled have to pay out in the verdict? How do person, and maybe in a similar situa- to Alabama this past week and visited they get that money to compensate the tion they would come up with $500,000. five or six hospitals. I was at Fayette victims? They raise the rates on every- These are aberrational verdicts in the and Wedowee and Gadsden and Alex- body; the innocent and those who com- country. ander City. As I traveled the State mit errors. It is driving up the cost to We are saying that there should be a talking to doctors, to hospitals about practice. limit for compensating noneconomic their insurance premiums, it is a very I have a wonderful friend, an OB/ damages. It is modeled on a successful real problem. GYN, in my hometown of Mobile. We program in California. I believe we are This is not a new issue. We have been go to church together. He was telling facing a national crisis in health care. talking about it for a number of years. me about a doctor that just gave up his It is a crisis that ought to be con- The reform of litigation of malpractice practice. He handled 60 or 80 births a fronted. It is not going to go away. A cases in California is the model for this year. His insurance was $60,000 a year. big part of it is litigation. If you don’t legislation. It has worked very well in That is almost $1,000 per birth. This believe it, ask any doctor or hospital California. week, I was in a hospital in Alabama. you know. They sue everybody, includ- The people who are paying the pre- They told me 3 years ago they gave up ing the nurses, doctors, the aides, the miums, people who are subjected to deliveries—there were 200 deliveries a hospital, the manufacturer of the hos- lawsuits, people who care about this year in this small town, and the hos- pital bed, or whatever, that might be every day, people who are giving up pital had less than 50 beds—because possibly construed as being connected. their practice every day as a result of they could not afford the insurance. All of that adds up to a tremendous abusive lawsuits, they support this leg- The hospital quit doing it. The physi- burden, a tremendous cost on our islation. Do they not know what this is cian in the community also quit deliv- health care system. all about? Do they not know what they ering. This is a fact, a reality, and it is The truth is health care costs are are asking for? These are matters that driving good physicians out of health continuing to go up. One of the factors are quite serious. care. is litigation costs, which are going up I believe capping noneconomic dam- No group of doctors in America has even faster than other costs. We need ages has a good effect. When you look the hammer falling harder on them to contain that and bring some ration- at a doctor who delivers a baby, is that than the doctors who deliver our ba- ality into it. I am willing to listen to doctor a guarantor of a healthy baby? bies. They are getting hit with extraor- other ideas. I am not sure California is They can’t do that. They cannot be the dinary increases. They are getting sued perfect, but I will say it is working guarantor that every birth they preside to an extraordinary degree. We need to there. I believe it will work for our over will result in a healthy baby. do something about it. We have bills country. I thank our majority leader, They are responsible if they are neg- here, and whatever the bill is, they say Dr. BILL FRIST, for bringing this up. It ligent and that negligence causes dam- ‘‘we need to do something, but this is time to debate this. We need to pass age to a child. There is no doubt about isn’t the way to do it; but we want to something soon to protect the avail- that. So that is what we need to focus do something.’’ They say ‘‘there are ability of health care. We need to make on. problems, I will admit, Senator, but sure hospitals and doctors are not quit- The limit on damages does not limit this isn’t the right bill.’’ They say ting delivering babies. That hurts us in damages for injuries in care for a child ‘‘you have not done this or that,’’ and America and hurts health care in who lives many years with a great dis- on and on. The result of that is we America. ability. They can recover unlimited never pass anything. I believe it is time I yield the floor. amounts for that. to do something about this issue. We The PRESIDING OFFICER. The Sen- Under California law, these are some can do something about this. ator from Connecticut is recognized. of the verdicts that have been rendered When you look at the cost of deliv- Mr. DODD. Mr. President, I have to compensate families for children ering babies in America today, the li- been listening to the arguments posed who were born with serious disabilities: ability cost is a very significant por- by our colleague from Illinois, Senator In December, an $84 million verdict was tion of it. Not only that, doctors—par- DURBIN, and our colleague from Ala- rendered because of a 5-year-old with ticularly those who have been prac- bama, Senator SESSIONS. I find myself cerebral palsy after a mishandled birth; ticing for a number of years—do not sort of agreeing with both of these in- $25 million in San Diego County be- like the agony of going through a law- dividuals. Clearly, this is an area that cause a boy had severe brain damage; suit. There is the combination of pre- cries out for some solution. We have $27 million in San Bernardino for a miums and the threat of being dragged been back at this issue over and over woman who was a quadriplegic because through court for long periods of time, again. Like my colleague from Ala- of failure to diagnose a spinal injury; and that is not good. That is why they bama, and I suspect my colleague from $21 million in Los Angeles for a new- are quitting. Illinois as well, I was home in Con- born girl with cerebral palsy and men- I was at one of the hospitals in Gads- necticut over the past week and I have tal retardation as a result of a birth-re- den this week. One of the nurse super- received letters from radiologists, and lated injury. They go on. visors came up to me after I had been I have talked to OB/GYNs and others. These are real recoveries to com- asked in the meeting whether we were My State ranks third in the country in pensate people for economic losses going to do anything about the liabil- the rate of premiums for OB/GYNs, they will have in the future and to ity problem. She said she and the hos- which I will address in a minute. This allow them every possibility to see pital had been in litigation. She had is an area that clearly needs to be ad- that the child or the person who is in- been away from the hospital for 10 days dressed. So I appreciate the comments jured can be taken care of with the during the trial of this case. They were of my colleague from Alabama, that is, best conditions we can make. We are not negligent and they won the law- to see if we cannot find solutions to concerned about the explosion of puni- suit, but millions of dollars were spent this. tive damages. Some people say the per- on that litigation. This is happening As the Senator may recall, I have not son who did wrong ought to be pun- all over America. Most of the cases are been shy when it comes to tort reform ished. defendants’ verdicts, but many cases issues, having authored the securities As a matter that we need to think are coming in with extraordinarily litigation reform bill, uniform stand- about, the system is out of whack. The high verdicts. The BMW case out of ards legislation; and I have dealt with person who commits malpractice is not Alabama, decided by the Supreme the issue of terrorism insurance, and the one who is punished. The person Court, raised real questions about how Y2K legislation with BOB BENNETT. I who commits malpractice—for the do you decide what punitive damages am someone who wishes we were debat- most part, hopefully, certainly, all of ought to be. Does the jury just feel bad ing class action reform now. There, we

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.016 S24PT1 S1476 CONGRESSIONAL RECORD — SENATE February 24, 2004 have an agreement. It is not going to damages while imposing a stiffer evi- if I thought it would do that, I would satisfy everybody, but I have agreed dentiary standard. It would also reduce be very tempted to support this legisla- with BILL FRIST and others. Senators economic damages a victim could col- tion, as someone who has offered legis- SCHUMER and LANDRIEU and I have lect by subtracting benefits paid by lation dealing with frivolous lawsuits worked across party lines to come up health insurance, life insurance, dis- and other claims. I am not adverse to with a compromise solution on class ability insurance, and Social Security tort reform. In fact, I am disappointed. action reform. That is a bill I believe benefits. In short, it would make it We are discussing tort reform in this we could actually adopt. much harder for the victims of medical instance, and we are also going to be Here we are going to spend 2 days de- malpractice in this narrow area to re- talking about the tort liability of gun bating a cloture motion we both recog- ceive fair and just compensation, in my manufacturers. It is going to be inter- nize is probably going to fail this view. esting to hear people on that issue. evening. But we have a class action re- This legislation would not affect all We had language included in the En- form bill we can get done. I regret I am victims of malpractice. We pointed out ergy bill to deal with MTBE. Senator not arguing on behalf of that proposal, the bill we are dealing with seeks to SCHUMER of New York eloquently made rather than standing here and reluc- limit the legal rights of a specific seg- the case, asking why we should be tantly disagreeing with this particular ment of our society, women and eliminating the liability of a product bill; although I am agreeing with my newborns. that was causing such damage. I am colleague from Alabama that we can- It is important to remember that frustrated to know that we are pro- not allow year after year to go by with- this bill is going to affect those who tecting people from liability because of out addressing this issue. I regret we have actually been injured by mal- the political pressures that occur. didn’t make the effort here we did on practice. We are not debating whether I am prepared to support intelligent class action. On class action, once the there has been a judgment. There has tort reform, but this problem, as seri- cloture motion was defeated on the mo- been a decision that malpractice has ous as it is, is not addressed by this so- tion to proceed, people reached out and occurred. A jury has already, in these lution. Will this legislation do any- thing to reduce premiums? Let me tell said let’s see where we can find com- cases, decided the victims are eligible you why I don’t think it does. mon ground on this. I think we have to collect noneconomic damages. Fur- If we are limiting the ability of done that. Only time will tell if the thermore, it will hurt the most seri- women and young children to hold ac- compromise will work. That is how you ously injured, those who might receive countable doctors, nurses, insurance have to function in this body, when a noneconomic damage award of more companies, and others for harm result- you have 100 Members representing dif- than $250,000 were it not for the arbi- ing from a mistake, we certainly must ferent constituencies and ideas and trary cap. make sure we are doing so for a very We are essentially telling women and proposals, where there is a com- good reason. monality and purpose to try to arrive infants that the injuries and suffering The answer to the question posed at an answer to a staggering problem. they experience are not worth as much above is a resounding no, in my view. One of the problems—not all, but one as injuries and suffering of others. The suggestive link between jury of the problems—is associated with The assumption is if we just do this awards and rising premiums has not health care. I will go into that in a in this one area, we are then going to been established at all. In fact, to the minute. It seems to me we should be able to bring down the costs of these contrary. Nor is there a link between pause and reach out and see if we can- premiums. In fact, I suggest that if the insurance premiums and access to not find that common answer. It may empirical evidence made that case, I health care. In fact, the evidence sug- not satisfy everybody, but certainly it would be very tempted to support this gests quite the opposite. will come up with some intelligent re- bill. I say that to my colleagues who The two pillars upon which this bill sponses to this problem. are the authors of this legislation. But, is based are deeply flawed, in my view. So I say to my constituency in Con- in fact, the data and information, un- First, some would suggest jury awards necticut, and elsewhere, I am listening fortunately, does not substantiate the have exploded in both numbers and dol- to you and I hear you. I know we have claim that by establishing a cap, you lar amounts. That is something we will to answer this. The question is, is this will achieve the desired results of less- hear over and over, that victims are particular proposal the answer to the er premiums on malpractice insurance. winning more and more so-called jack- problem we face, with the rising in- The argument used by supporters of pot malpractice cases. But the facts crease in malpractice premiums. What this bill is OB/GYNs are particularly are quite different. actually could be done that may ad- hit by rising medical premiums. I want The amount defendants and insurers dress the issue? to make it clear that I am not insensi- are paying for medical malpractice As my colleagues know, this legisla- tive to that claim. As I said earlier, I claims, including jury awards and set- tion is similar to the one the Senate have heard from many in my own tlements, has increased in a manner rejected last year. It would place, as we State. In Connecticut, we face the that is consistent with and even lags all know, a $250,000 cap on non- third highest premiums in the country behind medical inflation. Over the 10- economic damages that can be awarded for OB/GYNs. My doctors pay an aver- year period from 1992 to 2001, the mean to a plaintiff in a medical malpractice age of $102,000 every year in medical li- payout in medical malpractice cases case. The bill we are considering today ability premiums. I have heard from rose by 6.2 percent per year, while med- has been narrowed, but in narrowing it, them on numerous occasions about the ical inflation was rising at 6.7 percent its defects have not been remedied. difficulties they face in the current en- annually over the same period of time. Like S. 11, the previous bill, this bill vironment. The vast majority are good In other words, malpractice awards are would apply to claims brought by doctors who are working to provide the rising exactly in the manner we would health care professionals, health care best possible care they can for their pa- expect. They are tracking health care organizations, such as HMOs, insurance tients. They are doctors on whom fami- costs. companies, as well as product liability lies in Connecticut and newborns can Of course, a rise in premiums might claims brought against medical device rely. It is the same across the country. also be explained by an increase in the and drug manufacturers, by and on be- I know, having had a newborn in my number of malpractice claims. That is half of pregnant women and children. own household, a child born to my wife also an argument we are hearing. However, it would only apply to claims Jackie and me a little over 2 years ago, Again, this is not the case. Between relating to obstetrics and gyneco- the tremendous care and attention we 1995 and 2000, the number of claims logical services. We are dealing with a received from our OB/GYN in Virginia, filed actually decreased by 4 percent, reduced universe of people in this area, where Grace was born. and the number of medical malpractice much narrower from the proposal of The question is not whether these payouts decreased by 8.2 percent be- last year. people are paying higher premiums. tween 2001 and 2002. So we are not see- Once again, this legislation would The question is, Is the solution being ing these numbers go up financially, cap noneconomic damages at $250,000. proposed by this legislation actually nor are the actual numbers of mal- It would put the same cap on punitive going to address this problem? Again, practice cases increasing. Both are the

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.018 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1477 two pillars upon which this bill is So California is a good example, but I will take a moment to address one based. It is the reason people are say- look to all of California. I could con- other claim made by the supporters of ing we need to have the cap on these tinue to quote numbers to underscore this bill, and that is that rising pre- noneconomic awards. my point, but I do not want to bore my miums have reduced access to care for The case made by supporters of this colleagues with recitations of data. I women and infants. Again, this is a legislation is further damaged, in my think it is important because without very significant claim and needs to be view, when we compare States that knowing what the facts are and under- addressed. Once again, I do not think currently have caps on noneconomic standing the argument, we cannot un- the facts support that argument. damages with States that have no such derstand how best to deal with a very Between 1999 and the year 2002, the caps. As I mentioned previously, my legitimate problem of trying to get number of OB/GYNs across the country home State of Connecticut has the these premium costs down. Does this actually increased by 1,700 people. Only third highest average premium for OB/ solution meet that problem? One has to 6 States out of 50 saw a decrease in the GYNs. Connecticut has no cap. How- look at the data and the facts, and the number of OB/GYNs. That is not good ever, seven of the 10 States with the facts are not holding this point up very news for those six States, but the argu- highest premiums do have caps. Last well, in my view. ment that across the country this is year, premiums actually increased by The point is very simple: The number occurring is not borne out by the facts. 17.1 percent for OB/GYNs in States with of medical malpractice claims is not Actually, there were 1,700 new OB/ caps compared to a 16.6 percent in- rising. The amount awarded to victims GYNs in 44 States, so the number is crease in States without caps. is consistent with inflation. The story stable or increasing, and in 6 States In the year 2003, the average pre- in States with caps is similar to that the number is going down. We ought to mium for an OB/GYN in States with without caps. Based on this evidence, be conscious of that because that could caps was $63,000. The average premium we are being asked to limit the rights be a trend that needs to be addressed. in States without caps was $59,000. So if of pregnant mothers and infants. I do Again, I underscore what I said at the anything, the evidence suggests caps not think we ought to do that. The outset. This is a serious problem but a on patient damages actually cor- facts fail utterly to dictate such a con- serious problem demands a serious so- respond to higher insurance premiums clusion. lution. Unfortunately, this bill is not for doctors. If neither the number nor the that answer. I said that rather quickly. Let me amount of malpractice awards can ex- As an interesting note, by the way, run by it again and make the case. The plain rising premiums, then what is the where we are losing OB/GYNs, half of argument, again, is if you don’t have explanation? Something is going on those six States have caps on the caps, then these premiums go up. But if that is causing these premiums to con- amount that can be collected in non- you look at places that have caps, tinue to skyrocket as they are in my economic terms. So we are talking seven of the 10 States with the highest State and others across the country. about a bill that places caps on non- premiums for OB/GYNs do have caps— According to several analyses that economic awards, and in six States the seven of the 10. Last year, premiums have been done, the increase in pre- number of OB/GYNs is declining, and actually increased by 17.1 percent in miums does in fact correlate with the yet three out of the six States have ac- States with caps—an increase of 17.1 stock market and interest rates. tual caps. One has to ask oneself: If percent—compared to 16.6 percent in One recent study showed that pre- this is failing in half of the States in States without caps. miums very closely tracked the insur- Again, if anything, the evidence sug- terms of attracting or keeping OB/ ers’ economic cycle. During good eco- GYNs, is this bill or this idea the right gests caps on patient damages actually nomic times, insurers slash premiums correspond to higher insurance pre- solution to this problem? I think the in order to attract as much business as miums for doctors. conclusion is no, it is not, unfortu- possible. Insurance companies receive The ineffectiveness of caps is illus- nately, if those are the facts. trated by the experience in the State of their money from two sources. They A GAO report from August of last California. Ironically, supporters of get it from premium payments as well year identified access to care as a prob- caps point to California as the model as investments. So when there is a lem—and I am quoting—‘‘in scattered, for limiting noneconomic damages. good, healthy market going on, then often rural areas where providers iden- The State does, in fact, have a $250,000 they will reduce premiums because the tified other long-standing factors that cap and premiums have remained sta- cycles in the market are allowing them also affect the availability of services.’’ ble relative to the rest of the country. to sustain their economic growth. The question was asked: Why is this However, California adopted the cap in When there is a downturn in the econ- happening? The General Accounting 1975, and over the next 13 years in Cali- omy and the stock market is not doing Office comes back and said there are a fornia, with a cap of $250,000, premiums as well, the insurance industry is faced lot of other factors that are causing a increased by 450 percent. This is com- with only one other solution and that decline in the number of OB/GYNs. In parable to a nationwide trend during is to raise the premiums in order to addition, the GAO found—and I am that same period. keep the cashflow coming in. quoting them again—‘‘that many of Then in 1988, California did some- So it is not complicated. As someone the reported provider actions were not thing else. It passed comprehensive in- who comes from a State with a lot of substantiated or did not affect access surance reform. Only at that point did insurance companies, I know that is to health care on a widespread basis.’’ insurance premiums stabilize, decreas- how this is done. There is not some Unfortunately, this bill is a mis- ing 2 percent between 1988 and 2001. So great magical secret out there. This is guided attempt to solve a health care for 13 years, when they had caps on the exactly how it occurs. So, obviously, problem with a tort reform solution. I awards, they actually had premiums go during good economic times, insurers am disappointed that we are not using up 450 percent, tracking the national will cut the premiums in order to at- this time today to discuss the real average. In 1988, they put a cap on in- tract as much business as possible, issues. One issue I wish we were dis- surance premiums. Then they began to which makes sense. This is because cussing is class action reform because I see the decline. every new policy brings in additional think we have come up with an answer California is very worthwhile to look float, money to invest in a booming that a majority of us could support. at, but we have to look at it in its to- market so they bring in the dollars. Regrettably, we are not spending two tality. Don’t disregard what happened However, when the market turns and days debating that issue. We are debat- in 1988. If we only look at 1975 to 1988, investment returns are weak, as has ing a bill that is not going to go any- for that 13 years, there is nothing to happened in the last few years, insurers where because the solution that is brag about at all. The numbers went up raise their rates or, in some cases, being called for does not do the job. as much as they did all across the leave the market altogether. When this So instead of taking the few valuable country. It is only from 1988 up to now happens, the result is often a crisis in days we have in this Chamber to deal that we begin to see the real changes the availability and affordability of in- with some issues before we adjourn for as a result of the insurance reforms in surance, and that is exactly what we elections and conventions, we are not that State. are seeing today. debating class action reform, we are

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.020 S24PT1 S1478 CONGRESSIONAL RECORD — SENATE February 24, 2004 debating a bill that is going nowhere. try. Again, according to the Institute Senator HARKIN introduced the Safe That does not make any sense to me at of Medicine, as many as 98,000 Ameri- Motherhood Act a comprehensive bill all in terms of this agenda. So this is a cans are killed every year as a result of to ensure safe pregnancy for all waste of our time. medical errors. A study conducted by women. Senator BINGAMAN introduced Let me get into other areas of health the Rand Corporation and published in legislation to expand health care cov- care because there are health care the New England Journal of Medicine erage for pregnant women under Med- problems that need addressing. I am last year came to a similar conclusion. icaid and the State Children’s Health disappointed, though, that we are not Individuals received the recommended Insurance Program. going to debate class action reform but treatment for their condition in only 55 There are a variety of such bills out instead these tort reform issues. We do percent of the cases, according to that there, offered on a bipartisan basis. have problems with access to care in study. In other words, nearly half the The Senator from Ohio, Mr. DEWINE, our country. We do have a patient safe- time patients did not receive the ap- and I have worked very hard on a num- ty problem in our country. We do have propriate care. Why are we not debat- ber of these bills. I am not going to a health care quality issue in this Na- ing that and discussing that issue suggest they solve all the problems, tion of ours. We do have a problem today? but they are designed to deal with with rising health care costs in the Na- There are a variety of proposals to some of the very issues pregnant tion. This bill does not answer any of address this real threat to the Amer- women and infants face every day. The those problems. ican public. I am currently working idea that you are going to put a cap on Why are we not discussing real solu- with our colleagues on both sides of the noneconomic recoveries here and that tions to the issue of access to health aisle on issues that would have some is somehow going to address these care, to patient safety, to health care real impact on the quality of care in other issues is ludicrous on its face. We quality in this country, and to the our country. One meaningful step we ought to be spending the valuable time problem of rising health care costs? can take almost immediately is to en- of this institution in debating and dis- The American people have a right to courage the use of information tech- cussing and getting some of this legis- expect from this body better answers nology in the health care setting. lation passed that could make a dif- than the ones we are giving them on The Senator from New York, Mrs. ference to these people. this bill dealing with the issue of rising CLINTON, is deeply interested in this I am not shy when it comes to tort premium costs. subject matter, as are several other reform. I have spent a good deal of Supporters of this bill are right colleagues. Improving quality is the time in my Senate career authoring about one thing: Far too many in this best tool we have to address rising bills dealing with tort reform. This is country have little or no access to health care costs. Supporters of this not one of them. This is not tort re- health care. The latest Census Bureau legislation we are debating today form. This is not addressing the issue figures released in September are would have you believe medical liabil- that people face every day and doctors alarming, to say the least. Forty-four ity costs are the main driver of rising face with rising premiums. There is a million of our fellow countrymen, more health care costs. But that is simply way of addressing that problem. When than one out of every seven people in not the case. The Congressional Budget we get around to doing it and working our great Nation, were without health Office has estimated that malpractice on it, then we can take some pride in care in the year 2002. This figure rep- costs represent, at most, only 2 percent resents a 10 percent increase in the passing something that does something of the overall health care costs in our meaningful in this area. This bill number of uninsured since the year country. 2000. doesn’t do it. We ought to address this issue, but I hope cloture will be denied. I yield Numerous studies have shown that let’s talk about it in the context in being uninsured has a drastic impact the floor. which it is really a problem. Further- on the amount and quality of care indi- The PRESIDING OFFICER (Mr. more, while health care costs more viduals receive. Put very simply, the ENZI). The Senator from Ohio. than doubled between the years 1987 Mr. VOINOVICH. Mr. President, I uninsured receive less care, lower qual- and 2001, the total amount spent on rise today in strong support of S. 2061, ity care, and are at a greater risk of medical liability premiums rose by the Healthy Mothers and Healthy Ba- dying. The Institute of Medicine has only 52 percent over that same period. bies Access to Care Act, and I strongly estimated that every year 18,000 of our The real drivers of health care costs fellow citizens die prematurely in this encourage my colleagues to vote for are prescription drugs and hospital country as a result of the effects of cloture on the motion to proceed on spending. We should be using the time being uninsured. this very important legislation. Our country has a growing health to pursue proposals to address these I would like to point out in the be- care underclass. The Bush administra- issues, including expanding the use of ginning of my remarks, in response to tion’s response to this crisis has been inexpensive generic prescription drugs, some of the statements that have been woefully inadequate. Tax credits and better chronic disease management and made on the floor this morning, that health savings accounts will do little preventive medicine, and improving there has to be a reason the American or nothing to help the vast majority of health care quality and efficiency. College for Obstetrics and Gynecology, the 44 million people who are unin- Let me finish by saying, as ranking the American Medical Association, and sured, such as low-income working member of the Subcommittee on Chil- just about every medical group in the families. By the way, the majority of dren and Families, improving the United States of America is supportive the uninsured work every day on one, health of women and children has been of this legislation. We would not be two, three, and four jobs. These are not a priority of mine and many others talking about it unless they really be- people sitting around doing nothing. who serve on that committee, includ- lieved the passage of this legislation They are working. And we have noth- ing the Presiding Officer. If my col- would have a dramatic impact on the ing to say to them. leagues are genuinely interested in liability costs that OB/GYNs are expe- We are debating an issue of tort re- healthier mothers and healthier babies, riencing, causing so many of them to form when we ought to be dealing with I can suggest any number of pieces of leave their practices. how to provide some health care cov- legislation that are pending here that This is a personal issue for me. Last erage for these people and explain why would represent real steps towards summer when my daughter-in-law was 18,000 lives a year are being lost pre- achieving that goal. I am the coauthor expecting her fourth child, she learned maturely because of the lack of health of two bills, the Newborn Screening that after the delivery, her doctor insurance. We should be talking about Save Lives Act and the Prematurity would no longer deliver babies. At the creative ideas to offer meaningful as- Research Expansion and Education for time, her doctor was in a four-physi- sistance to the uninsured. There are a Mothers who Deliver Infants Early Act, cian group, all of them obstetricians. variety of ideas out there that are the PREEMIE legislation, that I be- They never had any lawsuits against worth discussing. lieve would go a long way towards im- them. Yet their insurance premiums We also have a health care quality proving the health and well-being of had skyrocketed from $81,000 to over and patient safety problem in the coun- newborns. During the 107th Congress, $381,000 in just 3 years. That is $75,000

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.022 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1479 per person over a period of 3 years. How among the largest medical liability in- LOSS INFLATION could physicians be expected to afford surers in the State, has reported that AIR claims this shows ‘‘that since 1975, rate hikes such as these? average premiums for Ohio doctors medical malpractice paid claims per doctor We need to be doing something about have doubled over the last 3 years. have tracked medical inflation very close- it. This legislation is going to help. I would like to point out that the ar- ly.’’ In fact, the graph and the underlying This legislation is so important be- gument that the insurance industry is data suggest exactly the opposite. First, ripping off doctors and raising rates to they make an erroneous comparison. Since cause the effects of the medical liabil- AIR uses real (or constant) medical dollars, ity crisis can be felt acutely by the ob- make up for investment losses, as some they have already factored out the effect of stetrics/gynecology community. Data contended here on the floor of the Sen- medical inflation. So, any increase is a from the American Medical Associa- ate this morning, is preposterous. ‘‘real’’ increase in excess of medical infla- tion indicates that 19 States currently I invite those Members who believe tion. One cannot compare real increases to face a medical liability crisis and 25 this to read an article from Brown inflation. States show problem signs. Women of Brothers Harriman Insurance Asset Second, the data show loss costs have in- creased significantly faster than inflation. childbearing age have been impacted Management Group. I ask unanimous consent that the ar- Using data from the AIR report, we plotted the most because 1 out of 11 obstetri- medical inflation (CPI–U), premiums, and ticle be printed in the RECORD. cians nationwide has stopped deliv- losses to show how each has grown since 1975. ering babies and, instead, has scaled There being no objection, the mate- One sees that the losses per doctor have back their practice to gynecology only rial was ordered to be printed in the grown at a much higher rate than either or just gotten out of the practice. In RECORD, as follows: medical inflation or premiums per doctor. In addition, one in six has begun to refuse [From BBH & Co. Insurance Asset order for losses in 2001 to have equaled the high-risk cases. Management, Jan. 21, 2003] build up created by inflation in medical care How does this affect a patient’s ac- DID INVESTMENTS AFFECT MEDICAL during the period 1975–2001, companies would have to reduce the amount of paid losses by cess to care? As premiums increase, MALPRACTICE PREMIUMS? (By Raghu Ramachandran) approximately 60%. Therefore, losses, not in- women’s access to general health care, flation, are the problem. including regular screenings for repro- It’s deja vu all over again in the medical malpractice arena. ECONOMIC EFFECT ductive cancers, high blood pressure, Last July, the only trauma center in Las The other claim made by AIR is that ‘‘in- cholesterol, diabetes, and other serious Vegas was forced to close. At the beginning surance premiums (in constant dollars) in- health risks, will decrease. It leads to of this year, doctors in Pennsylvania threat- crease or decrease in direct relationship to more uninsured women because of ened to go on strike but relented when the the strength or weakness of the economy, re- health care costs that have gone up as incoming governor promised to support leg- flecting the gains or losses experienced by a result of the fact that malpractice islative reforms to limit jury awards in mal- the insurance industry’s market investments costs have gone up so astronomically practice suits. Also in January, doctors in and their perception of how much they can Weirton, West Virginia went on strike, forc- in the last couple of years. earn on the investment ‘float’.’’ Unfortu- ing patients to travel up to 40 miles to find nately, they make this claim without any In 2002, 11.7 million women of child- medical care. Doctors in neighboring areas supporting analysis. Using the premium data bearing age were uninsured. Without of West Virginia considered joining the from AIR, we found no correlation between medical liability reform, a greater strike, threatening a near complete shut- premiums and the economy. number of women ages 19 to 44 will down of the medical delivery system in the The standard measure of the effect one move into the ranks of the uninsured. region. Doctors and hospitals around the variable has on another is the coefficient of With fewer health care providers offer- country are suspending their practices and determination (r2); this value shows how con- ing full services, the workload has in- closing their doors because they can no sistently two variables move in the same di- creased significantly for those who still longer afford the huge and increasing cost of rection. The coefficient of determination has medical malpractice insurance. The situa- values between 0 and 1. A value of 1 means do. Wait times increase, putting tion is increasingly reminiscent of the mal- that if the first variable moves up the second women at risk. A physician facing practice crisis of the 1970’s. What is causing will move up at the same time; a value of higher premiums is likely to practice this controversy and what can be done about zero means that there is no similarity in the defensively, ordering more tests than it? movement of the two variables. The correla- medically necessary, seeking more According to Americans for Insurance Re- tion coefficient has to be greater than 0.75 opinions, and giving more referrals. form (AIR), ‘‘insurance companies raise rates for us to claim the observed effect between Women receive less prenatal care in when they are seeking ways to make up for the two variables is significant. our current environment. Improved ac- declining interest rates and market-based in- As a measure of the economy, we used the vestment losses.’’ Mainstream media, such year-over-year change in GDP; as a measure cess to prenatal care has resulted in as The New York Times, have picked up this of investment yield, we used the yield on a 5- record low infant mortality rates, an argument: ‘‘The steep drop in bond yields year Treasury note. In our analysis, neither advance now threatened as OB/GYNs and the stock market has also fueled the cri- the direct premiums written nor the direct drop obstetrics. As some of you may sis.’’ These arguments are both misleading premiums per doctor showed any significant have read, for the first time since 1958, and inaccurate. The root causes of the prob- correlation to either the investment yield or the U.S. infant mortality rate is up. lem are quite different from what is often GDP variable. The table lists the coefficients According to preliminary data released suggested by the media, and their resolution of determination generated by the regression this month by statisticians from the is far less simplistic than the pundits imply. analysis between the economy, investment In this paper, we will analyze several vari- yield, and medical malpractice premiums. CDC, the Nation’s infant mortality ables to demonstrate that asset allocation rate in 2002 was 7 per 1,000 births. That and investment returns have had little, if GDP Yield is up from 6.8 in 2001. Some experts are any, correlation to the development of the DPW ...... 0.0001 0.1255 attributing this to poor access to pre- current malpractice problem. The crisis is DPW/MD ...... 0.0104 0.0318 natal care, that that is the cause of rather the result of a generally uncon- this problem. Women have less preven- strained increase in losses and, over several Several other analyses also failed to show tive care. Women’s general health care years, inadequate premium income to cover a correlation between premiums and the those losses. is routinely provided by community economy. To test if the premium increases Given that conclusion, we will then exam- are related to the economy or bond market, clinics and OB/GYNs. Women receive ine several possible solutions and attempt to we analyzed the correlation of the change in fewer screenings for reproductive can- gauge the magnitude of changes necessary to premiums to GDP and investment yield. To cers, high blood pressure and choles- resolve this problem. test whether premiums go up when the in- terol, diabetes, and other serious AIR uses the following graph to dem- vestment yield goes down, we analyzed the health risks as OB/GYNs and commu- onstrate that losses have tracked inflation correlation between premiums and the nity clinics reduce care. and that premiums vary because of the econ- change in yield as well as the correlation be- omy. The graph attempts to compare two tween the change in premiums and the The ramifications of this medical li- key trends underlying the medical mal- ability crisis on women’s health care change in yield. practice controversy: premiums per doctor One could reasonably claim that the pre- are shocking, and we feel this crisis (DPW/MD) and paid losses per doctor (DLP/ miums (or increases in premiums) are de- very strongly in Ohio. The Medical Li- MD). Both of these variables are expressed in pendent not upon the company’s perform- ability Monitor ranked Ohio among the constant medical dollars.1 ance this year but upon the company’s per- top five States for premium increases formance in the previous year. To test this in 2002. The OHIC Insurance Company, 1 Graphs not reproducible in the Record. hypothesis, we regressed both premiums and

VerDate jul 14 2003 01:39 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.024 S24PT1 S1480 CONGRESSIONAL RECORD — SENATE February 24, 2004 change in premiums to both the economy [In percentage] nadir during that period, premiums would and investment yield in the previous year. have to increase by 368%. For thoroughness, we also analyzed the cor- Medical mal- S&P sector re- Sector practice com- Dollars % Increase relation between both premiums and change panies turn in premiums with the change in yields in the 2001 DPW/MD ...... $9,719 prior year. 100.0% ...... Premium required for: We also considered alternate measures for Average Loss Ratio ...... 15,448 59 Total Return ...... ¥22.4% Minimum Loss Ratio ...... 45,478 368 GDP and yield. We used industrial produc- S&P Return ...... ¥22.2% tion as an alternate measure of the economy Clearly, increases of this magnitude are in- and the 10-year Treasury note as an alter- We see that medical malpractice compa- tolerable, for both the industry and state nate measure of yield. We also analyzed the nies had returns similar to the market as a regulators. In this regard, St. Paul’s experi- effect the slope of the yield curve and the whole. This indicates that they maintained a change in slope had on premiums. We per- ence is noteworthy. Prior to its withdrawal diversified equity investment strategy. from the market, the company was granted formed all of the analyses above on these As medical malpractice companies did not 31% less in rate increases than indicated. It new variables. have an unusual amount invested in equities is little wonder that they responded as they In 64 different regressions between the and since they invested these monies in a did! economy, yield, and premiums, the highest reasonable market-like fashion, we conclude coefficient of determination was 0.1505. that the decline in equity valuations is not ST. PAUL RATE FILINGS Therefore, we can state with a fair degree of the cause of rising medical malpractice pre- certainty that investment yield and the per- miums. [In percentage] formance of the economy and interest rates WHERE DO WE GO FROM HERE? do not influence medical malpractice pre- State Date Indicated Increase Difference In order for any form of insurance coverage increase filed miums. to be viable, the insurance company must re- STOCK MARKET EFFECT 1 ...... 1/1/2001 76.10 25.00 40.90 ceive more in premium dollars and invest- 2 ...... 3/7/2001 ¥34.30 ¥43.00 15.30 But what about the stock market? How did ment income than they pay in losses and ex- 3 ...... 1/1/2001 54.50 35.00 14.40 the drop in the equity markets affect insur- 4 ...... 6/1/2000 39.20 5.00 32.60 penses. A simple measure of this is the ratio 5 ...... 11/1/1999 28.70 5.00 22.60 ance company performance? Are companies of paid losses to premiums Over the last 27 6 ...... 1/1/2001 55.20 10.00 41.10 raising premiums because they lost money years, and especially over the last 16, the 7 ...... 2/1/2001 18.90 ¥21.00 50.50 on Enron or WorldCom? 8 ...... 1/1/2001 90.80 35.00 41.30 paid loss ratio in medical malpractice cov- 9 ...... 1/1/1999 18.50 5.00 12.90 Obviously, the market decline affects in- erage has steadily increased. Without some 10 ...... 1/1/2002 73.00 35.00 28.10 surance companies like every other investor, form of relief, this is not a good sign. 11 ...... 1/1/2001 26.80 12.50 12.70 but the magnitude of the losses gets lost in 12 ...... 1/1/2002 70.20 45.00 17.40 Although the paid loss ratio is a good 13 ...... 1/1/2002 67.30 40.00 19.50 the media hype. We analyzed the equity ex- starting point, that metric excludes other 14 ...... 1/1/2001 49.30 10.00 35.70 posure in two stages. Stage one: Did medical expenses such as incurred losses, loss adjust- 15 ...... 10/1/1999 88.10 5.00 79.10 malpractice companies have an unusually 16 ...... 1/1/2002 71.00 10.00 55.50 ment expenses, general operating expenses, 17 ...... 1/1/2002 82.60 45.00 25.90 large amount of equities in their portfolio? etc. as well as income from investments. 18 ...... 7/1/2000 12.50 0.00 12.50 Stage Two: Given their level of equity expo- A.M. Best provides the combined loss ratio 19 ...... 7/15/2000 57.00 7.50 46.00 sure, did they invest prudently in the mar- 20 ...... 7/1/2000 17.10 5.00 11.50 (paid loss + change in reserves + expenses) 21 ...... 1/1/2000 40.90 5.00 34.20 ket or did they gamble by investing in tech- for the medical malpractice industry. By 22 ...... 7/1/2000 58.90 8.50 46.50 nology or telecom stocks? subtracting the paid loss ratio, from the AIR 23 ...... 1/1/2001 50.70 15.00 31.00 Using NAIC filings, we can determine the report, from the combined ratio, we can get Average ...... 48.40 13.00 31.60 amount of assets invested in equities. Average exclud- an estimate of the other expenses for an in- ing #2 ...... 52.20 15.60 32.40 Over the last five years, the amount med- surance company. The average expense ratio ical malpractice companies have invested in for medical malpractice companies was 43% St. Paul had the luxury of falling back on equities has remained fairly constant. In when investment income is included and 74% other lines of business. Unfortunately, many 2001, the equity allocation was 9.03%. We can when investment income is excluded. special medical malpractice companies, such also compare how the medical malpractice Over the last 27 years, the average paid as state PIAA companies, do not have other sector compares to other P&C sectors. loss ratio was 47% and the minimum paid lines of business to fall back on. This graph shows that medical malpractice loss ratio was 16%. In 2001, the industry paid RATING AGENCY RESPONSE companies have less invested in equities loss ratio was nearly 75%. In other words, for The reaction of rating agencies to these than other sectors of the industry. every dollar that comes in the door, 75 cents Even if the equity allocation is not large trends is another important ingredient in is paid out. When combined with the expense relative to the industry or other insurance the medical malpractice landscape. Principal ratios cited earlier, it is clear that it has sectors, is 10% the correct amount for med- concerns of the agencies are ‘‘solvency’’ and been extremely difficult—if not impossible— ical malpractice insurers to invest in equi- the ‘‘leverage’’ built into the premium and for insurance companies to earn a profit ties? Insurance companies invest their assets surplus structure of the industry. While writing medical malpractice insurance. Fur- as a fiduciary of the policyholders. As such, agencies usually express the benchmarks for ther, at this rate of expenditure, after the they must invest according to a ‘‘prudent in- the measurements (ratios) in ranges, trends company pays its losses and expenses, there vestor’’ standard. This requires the company are also important. Either level or trend can is very little ‘‘float’’ on which they can earn not only to consider the risk in an individual result in a downgrade in a company’s rating, investment income. security, but also the risk to the portfolio as a serious event in the corporate life of an in- a whole. Prudent investors know that diver- Medical malpractice paid loss ratio 1975–2001 surer. sifying across asset classes can enhance re- In 2001, medical malpractice companies In percent had an average premium-to-surplus ratio of turn and reduce volatility. A simple analysis Average loss ratio ...... 46.8 shows a conservative investor will have at Minimum loss ratio ...... 15.9 0.72. As premiums are increased, this ratio least 10% invested in equities. Thus, a pru- 2001 loss ratio ...... 74.4 will rise. If premiums rise too quickly, we dent insurance company should have some would observe a spike in this ratio as it To increase profitability, companies must allocation to equities. takes time for the increased premiums to effect one of three changes: reduce their If the degree of equity exposure was not show up in surplus. Unless rating agencies losses, increase their premiums, or increase unusual, was the investing? Again using account for this, a company could find they their investment income. As the industry, in NAIC filing data, we can analyze the dis- cannot raise their rates by the required aggregate, cannot control return on invest- tribution of equity investments for medical amount for fear of impairing their rating. In ments, they have only two choices. Using the malpractice companies and compare it to fact, several companies have been down- methodology above, we can estimate the S&P performance. graded recently, with premium leverage magnitude of the change required to restore [In percentage] given as the primary reason. (The situation profitability to the industry. is exacerbated by the fact that with the in- If losses are held constant—i.e., no change Medical mal- dustry suffering from reduced capacity as a S&P sector re- in loss and expense trends, then we are left Sector practice com- result of the St. Paul type experiences, com- panies turn with increasing premiums to restore the in- panies are adding to their number of in- dustry to profitability. For premiums to Energy ...... 5.6 ¥11.0 sureds. This puts further strain on their le- have kept up with medical inflation for the Materials ...... 1.9 ¥5.4 verage ratios.) Fortunately, the rating agen- Industrials ...... 11.9 ¥26.2 period 1975 to 2001, they would have to in- cies seem to be aware of the problem. Consumer Discretionary ...... 15.9 ¥23.7 crease by 41%. For premiums to have kept up Consumer Staples ...... 7.3 ¥4.3 TAMING LOSSES Healthcare ...... 14.1 ¥18.8 with the increases in paid losses since 1975, Financials ...... 17.8 ¥14.5 they would have to increase by 325%. For the If companies cannot increase their pre- Technology ...... 17.9 ¥37.4 industry’s average loss ratio to drop back to miums, then they must be able to control Telecom ...... 6.3 ¥34.0 Utilities ...... 1.4 ¥29.5 its 27-year average, premiums would need to the burgeoning increase in losses. Our anal- rise by 59%. For the loss ratio to drop to its ysis suggests that the level of losses would

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.011 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1481 have to decrease by 37% to achieve the aver- and unavailable medical liability in- enced with so many of you the joy of a new age loss ratio and by 79% to obtain the min- surance. Of the respondents, 86 percent baby’s arrival; prayed about the outcome of imum loss ratio observed over the past 27 no longer practice obstetrics, which a surgery, and also, shared the painful mo- years. Such reductions would require signifi- forces a potential of some 14,000 preg- ments. Indeed, it is I who thank God for hav- cant change in the tort environment. ing met you, for, because of you, I have be- nant Ohio women to find new OB/GYNs come a better, more complete, human being. Dollars % decrease to provide their obstetric care. Do not despair over the continuity of your This is not the statistics. I have re- care. My colleagues in the practice will keep 2001 DLP/MD ...... $7,232 ...... Losses required for: ceived dozens of testimonials from doc- the ball rolling. From a practical standpoint, Average Loss Ratio ...... 4,549 ¥37 tors saying they are quitting their I would encourage you to set up follow-up Minimum Loss Ratio ...... 1,545 ¥79 practice because of the rising cost of appointments with any one of the doctors. Drs. Varyani and Goldshmidt have schedules The paid loss number cited above includes medical liability insurance. A friend of that allow for more flexibility, but Drs. both jury awards and settlements. Large mine shared with me a letter from an Bellin, Evans, Klein and Vexler are also jury awards have the pernicious effect of en- OB/GYN in Dublin, OH, who decided to available to continue your care. They are all ticing more lawsuits, most of which are set- retire from his practice. excellent doctors and have my complete con- tled out of court but with an expense to the He wrote the following to his pa- fidence. company. Prudent reforms, such as MICRA, tients: Farewell, my friends, and the best to you reduce not only the jury awards but also re- and your families. duce the amount of lawsuits filed. On June 17, 2003, I received my professional With sincere affection and melancholy. liability insurance rate quote for the upcom- SUMMARY BEN ALVAREZ, ing year, and it is 64% higher than last MD. The magnitude of these changes suggests year’s rate. I have seen my premiums almost that the eventual solution to the current triple during the past two years, despite Mr. VOINOVICH. After speaking at a malpractice problem will be a blend of pre- never having had a single penny paid out on physicians’ rally in Ohio, I received a mium increases and tort reform. Since the my behalf in twenty-seven years as a physi- letter from a young doctor, Geoff Cly. financial shortfall compounds itself over cian. Even worse, during this time the insur- Dr. Cly received a notice from the in- time, it is imperative that the solution set ance company has reduced the amount of surance carrier that the premiums be developed as quickly as possible. Without coverage that I can purchase from $5 million would increase by 20 percent, $30,000, significant relief in fairly short order, the to only $1 million, while jury verdicts have country may find itself facing an accel- this plus the $20,000 increase from the skyrocketed, often exceeding $3–4 million. If year before, forcing him to make a dif- erating loss of available medical care. I were to purchase this policy, I would be Mr. VOINOVICH. The subject of the putting all of my family’s personal assets at ficult decision of uprooting his family article is ‘‘Did Investments Affect Med- risk every time that I delivered a baby or and practice to go to another State. ical Malpractice Premiums?’’ It con- performed surgery. I refuse to do that. Doctor Cly was unable to make the in- cluded: I have therefore decided to retire from pri- surance premiums and still take care . . . asset allocation and investment re- vate practice on July 31, 2003, the final day of of his student loan obligations and his turns have had little, if any, correlation to my current liability insurance policy. This is family. He moved to Fort Wayne, IN. the development of the current malpractice not a decision that I take lightly, but unfor- He said to me: Senator, I am going to problem. tunately it has become necessary. For many Indiana. My liability insurance will be of you, I have been part of your life for less there. But the practice has gotten The article goes on to say: years. I have delivered your babies, and The crisis is rather the result of a gen- helped you through some of life’s most dif- so much different than what I antici- erally unconstrained increase in losses and, ficult challenges. It has truly been an honor. pated it to be that I am seriously over several years, inadequate premium in- I received another letter from Dr. thinking, after I pay off my college come to cover those losses. loans, I am going to get out of medi- Ben Alvarez. He worked for Beachwood cine. The article also goes on to say: OB/GYN. He sent a letter informing his It is a tragedy what is happening We see that medical malpractice compa- patients he was relocating to Min- nies had returns similar to the market as a today in my State and other States nesota this March. He says, in part: whole. This indicates that they maintained a throughout this country. For those of diversified equity investment strategy. As The decision to leave Ohio is the direct re- my colleagues who think medical li- medical malpractice companies did not have sult of the medical malpractice crisis: with a ability reform is a State issue, I ask an unusual amount invested in equities and clean record, my annual premium will reach well over $100,000 this July. I cannot, and them to read this letter and see how since they invested these moneys in a rea- the medical liability crisis transcended sonable market-like fashion, we conclude the will not, in good conscience play the insur- decline in equity valuations is not the cause ance company’s game—it’s just that simple. State lines, particularly my friends of rising medical malpractice premiums. What’s not simple is saying good-bye to a from the neighboring State of West Finally, I will finish up with a sum- town and people that have given me so Virginia. Our Ohio physicians who much. Ob/Gyn is so different from other med- practice along the border are feeling mary: ical specialties due to the emotional and per- the effects of their proximity to West The magnitude of these changes suggests sonal relationships that exist between us. I Virginia and its favorable plaintiffs’ that the eventual solution to the current have been blessed to have experienced with verdicts. They are feeling these effects malpractice problem will be a blend of pre- so many of you the joy of a new baby’s ar- mium increases and tort reform. Since the rival; prayed about the outcome of surgery; in their increasing insurance pre- financial shortfall compounds itself over and also shared the painful moments. miums. It is amazing the number of counties time, it is imperative that the solution set I ask unanimous consent to have the be developed as quickly as possible. Without along the West Virginia border and complete letter printed in the RECORD. significant relief in fairly short order, the eastern Ohio where they have no more There being no objection, the mate- country may find itself facing an accel- OB/GYNs. They just left. These coun- rial was ordered to be printed in the erating loss of available medical care. ties go bare, with no OB/GYN to pro- RECORD, as follows: And I contend that acceleration is vide services to protect women. well underway not only in OB/GYN but BEACHWOOD OB/GYN, INC., I could go on and give more and more in other aspects of the medical profes- Lyndhurst, OH, January 4, 2004. examples of Ohio physicians who had sion. MY DEAREST PATIENTS: It is with a heavy heart that I inform you that I shall be relo- to leave the practice of medicine. Dr. According to a November 2000 study cating to Minnesota in March. The decision Komorowski of Bellevue stopped deliv- of the American College of Obstetri- to leave Ohio is the direct result of the med- ering babies after 20 years when he cians and Gynecologists, 59 percent of ical malpractice crisis: with a clean record, found out the day after Christmas last responding Ohio OB/GYNs have been my annual premium will reach well over year that his liability insurance was forced to make changes to their prac- $100,000 this July. I cannot and will not, in tripling to more than—listen to this— tice such as quitting obstetrics, retir- good conscience play the insurance com- $180,000. Dr. Komorowski, the only ob- ing, relocating, decreasing gyneco- pany’s game—it’s just that simple. stetrician in Bellevue, figured it would logical surgical procedures, no longer What is not simple is saying good-bye, to a town and people that have given me so cost him nearly 11 months of his salary performing gynecologic surgery, de- much. Ob/Gyn is so different from the other to pay the premium increase in addi- creasing the number of deliveries, and/ medical specialities due to the emotional tion to taxes and other expenses. or decreasing the amount of high-risk and personal relationships that exist be- It is out of control. We need to do obstetric care because of unaffordable tween us. I have been blessed to have experi- something now, not just for Ohio but

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.017 S24PT1 S1482 CONGRESSIONAL RECORD — SENATE February 24, 2004 for the rest of the country as well. Ob- The legislation we are debating today in this area but in a lot of areas, is a stetrics/gynecology is among the top gets us on our way to turning these litigation tornado that is ripping three specialties in the cost of profes- statistics and stories around. It pro- through the economy. We found in sional liability insurance premiums. vides a commonsense approach to our Ohio that the litigation crisis costs Nationally, insurance premiums for litigation problems that will help keep every Ohioan $636 per year and every OB/GYNs have increased dramatically. consumers from bearing the cost of Ohio family of four $2,544. These are The median premium increased 167 per- costly and unnecessary litigation while alarming figures, and the numbers are cent between 1982 and 1998. The median making sure that those with legitimate from 2 years ago. Which family do you rate rose 7 percent in 2000, 121⁄2 in 2001, grievances have recourse through the know that can pay $2,500 for the law- 15.3 in 2002, with increases as high as 69 courts. suit abuse of a few individuals? percent according to a survey by the Throughout my career in public serv- Next to the economy and jobs, the Medical Liability Monitor, a news- ice, health care has been one of my top most important issue facing our coun- letter covering the liability insurance legislative priorities. We all want ac- try today is health care. In fact, it is a industry. cess to quality, affordable health care. major part of what is wrong with the According to the Physicians Insur- We do have a problem in this country economy. We have too many uninsured, ance Association of America, OB/GYNs in terms of access to quality health and those who have insurance face were first among 28 specialty groups in care. In my State, I have conducted soaring premiums every year, making the number of claims filed against eight listening sessions. The result it less likely they can continue to pay them in 2000. OB/GYNs were the high- from all those sessions, regardless of them. In addition, employers are facing est of all the specialty groups in the who was there, is that the system is spiraling costs and in some cases don’t average cost of defending against a broken, and we need to plow new even provide insurance. claim in 2000 at a cost of almost $35,000. ground. I have talked to one employer after In the 1990s they were first, along with When the quality is not there, when another. They say: I want to provide family physicians, general practi- people die or are truly sick due to neg- health insurance for my workers, but I tioners, in the percentage of claims ligence or other medical error, they cannot afford to do it at $10,000 for a against them closed with a payment of should be compensated. We want that. family of four. I am asking my employ- 36 percent. They were second after neu- But when healthy plaintiffs file mean- ees to pay more of the premiums. In rologists in the average claim payment ingless lawsuits to shake the money many instances my employees cannot made during that same period. afford to pay the premiums so they are Although the number of claims filed tree to get as much as they can get, there is a snowball effect and all of us going without health insurance. against all physicians climbed in re- We have a real problem. Medical mal- cent decades, the phenomena do not re- pay the price. The last time I spoke on this subject, practice lawsuit abuse reform is having flect an increased rate of medical neg- a dramatic impact on the cost of ligence. In fact, OB/GYNs win most of I had the front and back cover of the white pages and the yellow pages of the health insurance, in spite of what some the claims filed against them. In 1999, of my colleagues have said. Providing an American College of Obstetricians Cleveland phonebook. The front cover and back cover of both of them were the sort of commonsense approach and Gynecologists survey of its mem- found in the Healthy Mothers and bership found that over one-half, 54 advertisements for personal injury law- yers giving specific examples of en- Healthy Babies Access to Care Act is a percent of claims against OB/GYNs win-win situation. The bill will help de- were dropped by plaintiff attorneys, couraging people to file suits based on the information they had in their ad- crease the rising cost of health care. It dismissed or settled without payment; will give patients access to care and it 54 percent of the cases that did pro- vertisement. For the system to work, we must will curtail the rising cost of medical ceed. OB/GYNs won 7 of 10 times. Enor- strike a delicate balance between the liability insurance for those physicians mous resources are spent to deal with rights of aggrieved parties to bring who provide prenatal delivery and these claims, only 10 percent of which lawsuits and the rights of society to be postpartum care to mothers and ba- are found to have merit. protected against frivolous lawsuits bies. The cost to defend these claims can Patients will not have to give away and outrageous judgments that are dis- be staggering and often mean that phy- large portions of their judgments to proportionate to compensating the in- sicians invest less in new technologies their attorneys. Truly injured parties jured and made at the expense of soci- that help patients. In 2000, the average can recover 100 percent of their eco- ety as a whole. cost to defend a claim against the OB/ nomic damages. Punitive damages are I have been concerned about this GYN was the highest of all physicians. reserved for those cases where they are issue since my days as Governor of According to the American College of truly justified. Doctors and hospitals Ohio. In 1996, I essentially had to pull Obstetricians and Gynecologists, the will not be held liable for harms they teeth in the Ohio Legislature to pass a typical OB/GYN is 47 years old, has did not cause and physicians can focus tort reform bill. I signed it into law in been in practice for 15 years and can on what they do best—practicing medi- October of 1996. Three years later, the expect to be sued 2.53 times over his or cine and providing health care. her career. Over one-quarter of the supreme court ruled it unconstitu- I urge my colleagues to vote for clo- residents have been sued for care pro- tional. If that law had withstood su- ture so we can debate this issue and vided during their residency. And that preme court scrutiny—and it should have an up-or-down vote on this legis- is another problem we are seeing in have; we now have what I call a bal- lation impacting on our most impor- this country: Many residencies are anced supreme court in Ohio—Ohioans tant patients: Pregnant women and going unfulfilled because of the med- would not be facing the medical access their newborn babies. ical malpractice lawsuit abuse growth problems they face today: Doctors There was some mention made of the in this country. Medical school enroll- leaving their practice, patients unable General Accounting Office study of the ments have been impacted by what to receive the care they need, and the medical liability crisis and access to young people are seeing happening in cost of health insurance going through care. I ask unanimous consent to have the medical profession in this country. the roof. printed in the RECORD the response of In 1999, 76 percent of the American During my time in the Senate, I have the American Medical Association to College of Obstetricians and Gyne- continued my work to alleviate the that General Accounting Office report. cologists fellows reported they had medical liability crisis. To this end, I It is very important. been sued at least once so far in their have worked with the American Tort There being no objection, the mate- career. The average claim takes over 4 Reform Association to produce a study rial was ordered to be printed in the years to resolve. I know from anyone in August of 2002 that captured the im- RECORD, as follows; who has been the subject of a lawsuit pact of this crisis on Ohio’s economy in MEDICAL LIABILITY CRISIS AND ACCESS TO that 4 years is 4 years of stress as they order to share these findings with my CARE—AMA’S RESPONSE TO THE GENERAL worry about what is going to happen as constituents and colleagues. Guess ACCOUNTING OFFICE, SEPTEMBER 2003 a result of the outcome of that litiga- what we found. What we have in this The U.S. General Accounting Office (GAO) tion. country today, in my opinion, not only recently released two reports related to

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.027 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1483 America’s medical liability crisis. [U.S. Gen- sure data, which do not accurately reflect They also suggest recognizing the in- eral Accounting Office, Medical Malpractice the number of physicians practicing in a creased impact on rural areas, which Insurance: Multiple Factors Have Contrib- given location. Actual physician practice lo- GAO did not do; approximately meas- uted to Increased Premium Rates, GAO–03– cation information must be used instead. 702 (June, 2003); and Medical Malpractice: Relying on the total number of licensed ure physician mobility. Physician ac- Implications of Rising Premiums on Access physicians is a state to track physician mo- counts were based on State licensure to Health Care, GAO–03–836 (August, 2003)]. bility is inappropriate. According to James data which do not accurately reflect The first report (June 2003) confirms that, Thompson, MD, President and CEO of the the number of physicians practicing in since 1999, medical liability premiums sky- Federation of State Medical Boards of the a given location. Actual physician rocketed in some states and specialties—and U.S. (FSMB) in September 2003: ‘‘The num- practice location information must be increasing settlements and jury awards ber of licensed physicians in a state is not an accurate measure of whether patients have used instead. (‘‘paid claims’’) are the primary drivers for They should accurately count physi- these increases. The second report (August adequate access to health care. Physicians 2003) confirms that America’s medical liabil- may reduce their practice, stop treating cians by specialties and local markets ity crisis is causing access to health care high-risk patients, or stop practicing alto- and use multi-payor data to accurately problems in high-risk medical specialties gether and still maintain their license. Also, measure access to health care services and in select locations throughout America. the number of licensed physicians is not an that Medicare data alone do not cap- The GAO reports also confirm what the accurate indicator of the distribution of ture. American Medical Association (AMA) has those physicians in underserved areas. Li- censed physicians may work in administra- I can tell you I have not completely long held to be true—tort reform works. read the GAO report, but I have read Medical liability premiums in states with tive, academic or other settings where they strong caps on non-economic damages grew may not have a clinical practice. Also, many portions of it. Its connection to reality at a slower rate than states without caps on retired physicians maintain a license. Infor- in my State is not there. I have talked non-economic damages. mation in the Federation of State Medical to David Walker about it. I have talked We appreciate the GAO’s efforts and recog- Boards’ database shows that approximately to the people who did the report and nize that it is difficult to quantify the med- 60% of physicians are licensed in more than encouraged them to look at some of one state which indicates that they are li- ical liability crisis. Among its findings, the the suggestions the AMA made and GAO confirmed that: censed in states where they do not maintain Increased losses on claims are the primary a full-time or part-time practice.’’ perhaps do another study that would contributor to higher medical liability pre- Accurately count physicians by specialties accurately reflect what is really going mium rates (GAO 03–702, p. 15); and local markets. The GAO’s method of on today in this country in terms of Premiums were higher (GAO 03–702, p. 14) measuring physician supply and potential medical malpractice increases and and grew more quickly (GAO 03–836, p. 30) in access to care is not appropriate. Physician/ what it is doing to access to health states without non-economic damage caps population ratios that aggregate physicians care. than in states with non-economic damage across local markets and specialties obscure caps; the significant market-specific or speciality- I would like to end my remarks with Physician responses to medical liability specific changes in the supply of physicians the words of Dr. Evangeline Andarsio. pressures in the five crisis states have re- and availability of critically important med- Dr. Andarsio is an OB/GYN from Day- duced access to services affecting emergency ical services. Similarly, the number of high- ton, OH. I met Dr. Andarsio at a physi- surgery and newborn deliveries (GAO 03–836, risk sub-specialists that depart from any lo- cians rally in Ohio. I will never forget p. 5); cality would likely account for only a small that day. It was October of 2002. It was Similar examples of access reductions at- percentage of physicians in the state. very cold. I was freezing. In fact, when tributed to medical liability pressures were Use multi-payor data to accurately meas- not identified in the four non-crisis states ure access to health care services that Medi- I got up, my teeth were chattering. But without reported problems (GAO 03–836, p. 5); care data alone do not capture. Utilization prior to my getting up, Dr. Andarsio Insurers are not charging/profiting from statistics based exclusively on data from a started to speak. I thought to myself, excessively high premium rates (GAO 03–702, single payor (Medicare) exclude data for ob- this doctor is just going to go on and p. 32); and stetric and emergency care, and fail to cap- on and on. And I was cold. But as she None of the insurance companies studied ture the impairment of access among other experienced a net investment loss (GAO 03– started, as I listened intently to what vulnerable populations, such as Medicaid pa- she was saying, I was moved by her re- 702, p. 25). tients. Medicare data are inadequate to iden- However, the GAO’s August report fails to tify changes in obstetric services because a marks. This was truly a dedicated phy- accurately reflect the severity of the current vast majority of Medicare eligible bene- sician who loved her patients, loved crisis. Numerous changes to the GAO meth- ficiaries are beyond reproductive age. Limi- what she was doing, and who was un- odology would strengthen the basic findings tations in the data also preclude an assess- able to practice medicine the way she of this report. Among the data sources, ment of changes in emergency room services. wanted to because of this malpractice measures, or analytical methods that could Therefore, the report significantly under- be improved: lawsuit abuse problem she is con- states the impact of rising liability insur- fronted with in our State. Examine all crisis states. To date, the ance premiums because it does not examine AMA, in conjunction with its federation of two clinical areas in which impairment of I would like to close with a quote state medical associations, has identified 19 patient access has been the most severe—ob- from her speech: states in a medical liability crisis. The GAO stetric and emergency room services. Help us to maintain an ability to have a investigated access problems in only five of The AMA will continue to advocate on be- practice that offers patients excellent access those states. In each of those states it found half of patients and physicians for national to care—to continue one of the most impor- examples of reduced access to care. The GAO reforms similar to those already passed by tant relationships in our lives—the doctor- would have found similar access problems if the U.S. House of Representatives. America’s patient relationship—thus maintaining indi- it had examined the other 14 crisis states. In patients are the ones who will suffer if Con- vidualized and compassionate care. fact, the GAO did not identify any access gress does not act soon. This is a crisis. It is That is what much of this debate is problems in the four non-crisis states it ex- not waning, and without real reforms more amined. Therefore, the GAO’s conclusion patients will be unable to find a doctor to de- about. It is about physicians being able that access problems are not widespread is liver a baby, perform life-saving trauma sur- to practice medicine and do it in a way not substantiated. gery, or provide other critical care to high- they did back when my wife Janet and Recognize increased impact on rural areas. risk patients who need it most. I were having our four children. There Health care access problems do not have to Mr. VOINOVICH. I will summarize is a special relationship between an OB/ affect every part of a state to create crisis GYN and a family. It breaks my heart conditions. Health care by its nature is local, quickly some of the conclusions. It where a loss of just one or a few physicians says: The GAO August report fails to to see so many of them leaving the or other health care providers in a commu- accurately reflect the severity of the practice of medicine because of these nity can have a traumatic impact on the current crisis. Numerous changes in malpractice costs with which they are availability of health care services in that the GAO methodology would strength- confronted. community. Many rural areas suffered from en the basic findings. Among the data We do have a crisis. This Senate is physician shortages prior to the recent esca- sources, measures, analytical methods going to have to face up to it. I am lation in liability premiums. It is precisely that could be improved: Examine all hoping that we will have 60 votes today in those areas where access is already crisis States. To date, the AMA, in con- on cloture on the motion to proceed. I threatened that one would first notice the think we need to debate this issue. impact of physician’s relocation or curtail- junction with its federation of State ment of certain services. medical associations, has identified 19 This issue has to be debated and the Appropriately measure physician mobility. States that have a medical liability American people who are not aware of Physician counts were based on state licen- crisis. the crisis need to be made aware of it.

VerDate jul 14 2003 01:39 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.001 S24PT1 S1484 CONGRESSIONAL RECORD — SENATE February 24, 2004 I yield the floor. You see, my heart was broken this Christ- majority of Senators voted to try to do The PRESIDING OFFICER. The Sen- mas when I learned of our dear friend, Dr. something about this problem. Unfor- ator from New Hampshire is recog- Pat Miller, would not be doing what was tunately, not a single Democratic Sen- nized. closest to her heart . . . delivering babies. I ator supported our effort and therefore Mr. GREGG. Mr. President, what is could not believe it, you are so wonderful at this, people need you, I would tell her. we could not overcome a filibuster and the present situation relative to time? 1 12 ⁄2 years ago we made one of the biggest were prevented from even considering The PRESIDING OFFICER. The Sen- decisions of our lives . . . to begin a family. S. 11, the Patients First Act of 2003. ator’s side has 37 minutes and the other When we got the exciting news, we were busy In the last 7 months, the crisis has side has 12 and a half minutes. looking for the best care, a doctor who was gotten no better. That is the bad news. Mr. GREGG. The Senator from Flor- up on the latest, one who could handle com- The good news is our resolve has not ida wanted 20 minutes. I ask unani- plications, a hospital close by, and the list waned so again we are before the Amer- mous consent that he be allowed to went on. We learned of a new OB in the area ican people waiting and willing to roll . . . Pat Miller. We heard she was all the proceed after I speak for 20 minutes, up our sleeves to fix this problem if our but to the extent his time exceeds 12 things we were looking for and more. We were thrilled to be in the care of someone as friends on the other side of the aisle minutes, it be debited against the time wonderful as her. Through all of our visits will let us have a chance. of the Democratic membership after we we became very close friends and I knew she Like the bill we offered last July, the come back from the policy lunches. truly cared about me, the child, and my hus- reforms we are now proposing are tried The PRESIDING OFFICER. Is there band. Being our first and not knowing what and true. They are based on Califor- objection? to expect, I knew she was right there if any- nia’s MICRA legislation, which for a Without objection, it is so ordered. thing was to happen and I trusted her wis- quarter of a century has stabilized in- Mr. GREGG. Mr. President, I con- dom to do what was best for the both of us. As a matter of fact, 3 of our children were surance premiums and helped ensure gratulate the Senator from Ohio for an access to health care for those in the excellent statement outlining the grav- born on her day off and she spent the day at the hospital in case we needed her for any Golden State. The Healthy Mothers ity of the problem we face, which is emergencies. It was a tremendous comfort and Healthy Babies Access to Care Act that women in this country are losing not only to me through these 9 months, but would allow plaintiffs to recover un- access to OB/GYN doctors, especially if also for my husband to know we were in the limited economic damages, up to a they want to have babies. As a result, best care and it was close. We knew that no quarter million dollars in noneconomic we are putting a lot of pressure on a lot matter what lied ahead she was there and damages, and punitive damages up to of people—women, specifically, in their would make the best choices. As our family began to grow it was a huge help to have her the greater of a quarter million or birthing years—and making it difficult, twice economic damages. especially in rural areas, to get the close by, especially when bringing 1 then 2 and so on with me. I have been so fortunate While the reforms in S. 2061 are simi- type of health care we want them to through 6 pregnancies to not have any com- lar to those in MICRA and S. 11, the get. plications, but as we all know, there are no scope of S. 2061 is much more narrow. We are a society that is built around guarantees to this. Other women are not as The bill we are asking the Senate to the concept of babies and children, and fortunate as me, but I would love for them to begin considering today pertains only that is one of the more exciting things be able to have the same comfort and trust to obstetrics and gynecological serv- that happens in everybody’s lifetime. that I have experienced with our OB. I love ices. If our friends across the aisle will Yet we are a society making it extraor- our children dearly, and I love babies, and my hearts desire in sharing my story with not help us protect all medical profes- dinarily difficult now for doctors who sionals with MICRA-type reforms, then practice the delivery of children and you, is for legislators to hear 1st hand the importance of people, like Pat Miller, to be perhaps they will let us take this im- babies to practice their trade. able to continue what she loves and does portant step toward reform by pro- As I have said before, lawyers don’t best. To be able to provide an environment tecting at least one specialty. deliver children. Doctors deliver chil- in which OB’s can continue to deliver babies. OB/GYNs provide some of the most dren. Unfortunately, the doctors are To allow other mothers the same oppor- critical medical services in our coun- being driven out of the business by at- tunity of trust and friendship that we still try. Unfortunately, OB/GYNs also suf- torneys, and the cost of their mal- have today with our OB. Please listen to my fer from some of the highest premiums. practice premiums are going up radi- heart . . . we need people like Pat Miller back in OB where she does what she knows As a result, women and children across cally. As a result, many doctors in my our country are placed in danger as State are not delivering children any- best. Thank you for listening. Sincerely, they struggle to find, oftentimes un- more. I went through the specifics of DEBBIE RISTEEN. successfully, basic obstetric care. This that yesterday. I want to read a com- That is a pretty compelling letter. It is a nationwide problem. Data from the pelling letter I received from Debbie is anecdotal, but it is an anecdote hap- American College of Obstetricians and Risteen. She lives in Derry, NH. She pening across this country. Stories are Gynecologists illustrates the legal and has six children. being retold. Women are losing their financial jeopardy faced by OB/GYNs She wrote: OBs because these physicians are get- across our country today. I regret I could not be here with you in per- ting out of the practice of delivering Obstetrics and gynecology are among son today to tell you my story myself, as it the top three specialties with the high- would have been quite an honor for me. Let babies because of the cost of their mal- me tell you a little about myself. I am a practice insurance. This bill will help est professional liability insurance pre- mother of 6 whose ages range from 12 to 8 alleviate that problem, and it is abso- miums. OB/GYNs were No. 1 among 28 months. I love children and I homeschool. lutely critical to give women this ac- specialty groups in the number of One of my favorite things of our married life cess and to not do things extremely claims filed against them. OB/GYNs has been being pregnant and delivering our discriminatory against women, and es- were also the highest of all specialty babies. What an incredible time all 6 have pecially women who wish to become groups in the average cost of defending been! pregnant and have children. against a claim. OB/GYNs are also fac- I would like to describe to you a word pic- ing enormous increases in the average ture for a moment. . . . It was a very dif- I yield the floor. ficult decision for me to decline coming to The PRESIDING OFFICER. The Sen- payout of claims brought against them. speak to you all today. One that took a lot ator from Kentucky. For example, back in 1996, the aver- thought. I need to weigh the cost at such a Mr. MCCONNELL. Mr. President, I age award against an OB/GYN was short notice. As much as I wanted to be here rise today in support of S. 2061, the $254,495. Between 1996 and 1998, the av- today, my family needed me more. If any- Healthy Mothers and Healthy Babies erage award went up to about $350,000— thing happened especially with the baby . . . Access to Care Act, the principal spon- from $250,000 up to $350,000 in 2 years. I would be so far away to be able to meet the sors of which were Senator GREGG and By 2000, the average award against an need and it would take me awhile to get to Senator ENSIGN. OB/GYN had increased to about NH. In this picture, I now want you to see Much of America cannot access basic the importance of a pregnant woman needing $400,000. That is an increase of almost the care of her OB. Someone she can depend medical services because lawsuits are 40 percent in 4 short years. on, trust in the decisions that lie ahead and driving insurance premiums through This phenomenon is even more strik- most of all close in case of an emergency just the roof and driving doctors literally ing when one looks at cases involving like my family is depending on me. out of business. Seven months ago a alleged brain injuries to newborns.

VerDate jul 14 2003 01:39 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.032 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1485 Such cases account for 30 percent of all Lawrence, and Johnson Counties, in tion, President Bush has betrayed his claims against OB/GYNs but research northeast Kentucky, have just one OB/ campaign promise to be ‘‘a uniter, not shows physician error is responsible for GYN in each county, so if you are a a divider.’’ fewer than 4 percent of neurologically woman in those counties you better The Constitution is the foundation of impaired infants. Despite the rarity of hope there is not another woman hav- our democracy and it reflects the en- physician error in these cases, the av- ing a baby when you are, or the doctor during principles of our country. We erage award in these few cases where isn’t out of town or busy with another have amended the Constitution only 17 obstetricians are at fault has dramati- patient. If that happens, you are going times in the two centuries since the cally increased in just a few years. In to have to drive through the hills on adoption of the Bill of Rights. Aside 1996, the average award in these type the backroads of eastern Kentucky to from the amendment on prohibition, cases was about $460,000. Two years try to find a doctor to deliver your which was quickly recognized as a mis- later, the average award had doubled to baby. All told, 82 of Kentucky’s 120 take and repealed 13 years later, the $935,000. counties have no OBs, or just have one Constitution has often been amended Today, the median award in child- OB. to expand and protect people’s rights, birth cases has risen to over $2 million. According to Dr. Doug Milligan of never to take away or restrict their This is the highest category of award Lexington, who specializes in caring rights. for all types of medical liability cases. for women with high-risk pregnancies, By endorsing this shameful proposal, American women should not be misled 11 OBs in eastern Kentucky have re- President Bush will go down in history by these statistics. They should not cently quit delivering babies or left the as the first President to try to write worry that despite annual advances in State, forcing women to drive for bias back into the Constitution. medical technology and training there hours. Advocates of the Federal marriage is somehow an increasingly poor level According to Dr. Milligan, apart from amendment claim it will not prevent of obstetric care in this country. problems with delivering babies, some States from granting some legal bene- No, these troubling statistics do not women are developing complications fits to same-sex couples, but that is not mean America’s medical schools have because they are not getting prenatal what the proposed amendment says. By lowered their standards and a rash of care. forbidding same-sex couples from re- incompetent obstetricians has begun to So what should we conclude from all ceiving ‘‘the legal incidents of mar- practice medicine. In fact, according to of this? The situation I have just de- riage,’’ the amendment would prohibit the Society of Obstetricians and Gyne- scribed is not, unfortunately, unique to State courts from enforcing many ex- cologists, over 80 percent of all cases Kentucky. As you will hear from my isting State and local laws, including that went to verdict against an OB/ colleagues, States across the country laws that deal with civil unions and do- GYN resulted in judgments for the phy- are in similar straits. So I commend mestic partnerships and other laws sician. In other words, on average eight Senator GREGG and Senator ENSIGN for that have nothing to do with such rela- out of 10 cases that went to trial trying to address this important prob- tionships. against OB/GYNs were not meritorious. lem. Just as it is wrong for a State’s It is the dramatic increase in awards As I have said earlier, their legisla- criminal laws to discriminate against noted above and the specter of such tion is modeled on reforms that have gays and lesbians, it is wrong for a awards in settlement negotiations that stood the test of time in California, State’s civil laws to discriminate is driving malpractice premiums and it has been endorsed by the Amer- against gays and lesbians by denying through the roof, not a lowering of ican Medical Association, the Amer- them the many benefits and protec- medical standards for practice. ican College of Obstetricians and Gyne- tions provided for married couples. Looking at my own State, the imme- cologists, and a host of other medical The proposed amendment would pro- diate result of skyrocketing liability organizations. hibit States from deciding these impor- premiums is the doctors pack up and I hope a dozen brave souls on the tant issues for themselves. This Nation move to a State such as California with other side of the aisle will give the has made too much progress in the on- liability reform or they just simply Senate a chance to consider this bill. going battle for civil rights to take close their doors altogether. When this I yield the floor. such an unjustified step backwards happens, the ultimate victims, of The PRESIDING OFFICER. The Sen- now. course, are the patients, the mothers ator from Massachusetts. We all know what this is about. It is and their children. Mr. KENNEDY. Mr. President, I un- not about how to protect the sanctity Let’s take a look at the Common- derstand there was an agreement for of marriage, or how to deal with activ- wealth of Kentucky. Kentucky does the allocation of time evenly divided ist judges. It is about politics, an at- not have a medical liability reform between the two parties this morning, tempt to drive a wedge between one system. Not surprisingly, liability in- and that there has also been an agree- group of citizens and the rest of the surance rates for OBs in my State in- ment to divide the time during the country, solely for partisan advantage. creased 64 percent in one year from 2002 afternoon. We have rejected that tactic before and to 2003. Also not surprisingly in the I have talked with our leadership. I hope we will do so again. last 3 years, Kentucky has lost one- They have indicated I could use 10 min- The timing of today’s statement is fourth of its obstetricians. utes of our time this afternoon, for the also a sign of the desperation of the Moreover, Kentucky has lost nearly Democratic side, and use it at this President’s campaign for reelection. half its potential obstetric services time. When the war in Iraq, jobs and the during this time when one factors in The PRESIDING OFFICER. Without economy, health care, education, and those who have limited their practices. objection, it is so ordered. many other issues are going badly for As this chart I have shows, roughly Mr. KENNEDY. What adjustment has the President and his reelection cam- 60 percent of the counties in the Com- to be made in the afternoon will be paign is in dire straits, the President monwealth of Kentucky have no obste- made. appeals to prejudice in a desperate tac- trician at all—none. These are counties Mr. President, I intend to speak to tic to salvage his campaign. in red on this map. It is a majority of the issue before us, medical mal- I am optimistic the Congress will the counties in my State that have no practice, in a moment. I will yield my- refuse to pass this shameful amend- obstetricians at all. self 6 minutes now and then I will ment. Many of us on both sides of the Other counties, such as Perry Coun- speak on the medical malpractice in aisle have worked together to expand ty, down in southeast Kentucky, down just a moment. and defend the civil rights of gays and this way, technically have a practicing THE FEDERAL MARRIAGE AMENDMENT lesbians. Together, on a bipartisan OB/GYN, but that one doctor has Earlier today the President an- basis, we have fought for a comprehen- stopped delivering babies within the nounced his endorsement of the Fed- sive Federal prohibition on job dis- last year, so if you are in Perry Coun- eral marriage amendment. By endors- crimination on the basis of sexual ori- ty, that doesn’t do you much good. ing this shameful effort to write dis- entation. We have fought together to Still other counties, such as Greenup, crimination back into the Constitu- expand the existing Federal hate

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.034 S24PT1 S1486 CONGRESSIONAL RECORD — SENATE February 24, 2004 crimes law to include hate crimes reproductive capacity, and in some While those across the aisle like to based upon this flagrant form of big- cases even years of life. These are life- talk about doctors, the real bene- otry. altering conditions. It would be ter- ficiaries will be insurance companies I hope we can all agree that Congress ribly wrong to take their rights away. and large health care corporations. has more pressing challenges to con- The Republicans talk about deterring This legislation would enrich them at sider than a divisive, discriminatory frivolous cases, but caps by their na- the expense of the most seriously in- constitutional amendment that re- ture apply only to the most serious jured patients; women and children sponds to a nonexistent problem. Let’s cases which have been proven in court. whose entire lives have been dev- focus on the real issues of war and These badly injured patients are the astated by medical neglect and cor- peace, jobs and the economy, and the last ones we should be depriving of fair porate abuse. many other priorities that demand our compensation. When will the Republican party start attention so urgently in these troubled A person with a severe injury is not worrying about injured patients and times. made whole merely by receiving reim- stop trying to shield big business from Mr. President, as to the issue that we bursement for medical bills and lost the consequences of its wrongdoing? will be voting on this afternoon, on the wages. Noneconomic damages com- If we were to arbitrarily restrict the medical malpractice legislation, I pensate victims for the very real, rights of seriously injured patients as spoke on this issue yesterday but there though not easily quantifiable, loss in the sponsors of this legislation propose, are a few additional points that I wish quality of life that results from a seri- what benefits would result? Certainly to make today. ous, permanent injury. It is absurd to less accountability for health care pro- How much time do I have remaining? suggest that $250,000 is fair compensa- viders will never improve the quality The PRESIDING OFFICER. The Sen- tion for a child who is severely brain of health care. It will not even result in ator has 6 minutes remaining. injured at birth and, as a result, can less costly care. The cost of medical MEDICAL MALPRACTICE LEGISLATION never participate in the normal activi- malpractice premiums constitutes less Mr. KENNEDY. Mr. President, to- ties of day-to-day living; or for a than two-thirds of 1 percent—0.66 per- day’s vote of S. 2061 is a test of the woman who lost her reproductive ca- cent—of the Nation’s health care ex- Senate’s character. In the past, this pacity because of an OB/GYN’s mal- penditures each year. Malpractice pre- body has had the courage to reject the practice. miums are not the cause of the high simplistic and ineffective responses This is not a better bill because it ap- rate of medical inflation. proposed by those who contend that plies only to patients injured by ob- In this era of managed care and cost the only way to help doctors is to fur- stetrical and gynecological mal- controls, it is ludicrous to suggest that the major problem facing American ther hurt seriously injured patients. practice. That just makes it even more health care is ‘‘defensive medicine.’’ Unfortunately, as we saw in the Pa- arbitrary. The problem is not ‘‘too much health tients’ Bill of Rights debate, the Bush The entire premise of this bill is both care,’’ it is ‘‘too little’’ quality health administration and congressional Re- false and offensive. Our Republican col- leagues claim that women and their ba- care. publicans are again advocating a policy A CBO report released in January of bies must sacrifice their fundamental which will benefit neither doctors nor this year rejected claims being made legal rights in order to preserve access patients, only insurance companies. about the high cost of ‘‘defensive medi- to OB/GYN care. The very idea is out- Caps on compensatory damages and cine’’. Their analysis ‘‘found no evi- rageous. other extreme ‘‘tort reforms’’ are not dence that restrictions or tort liability For those locales—mostly in sparsely only unfair to the victims of mal- reduce medical spending.’’ There was populated areas—where the avail- practice, the do not result in a reduc- ‘‘no statistically significant difference ability of specialists is a problem, tion of malpractice insurance pre- in per capita health care spending be- there are far less drastic ways to solve miums. tween States with and without limits it. It is based on the false premise that Once more, we must stand resolute. on malpractice torts.’’ We must not sacrifice the funda- the availability of OB/GYN physicians The White House and other sup- mental legal rights of seriously injured depends on the enactment of draconian porters of caps have argued that re- patients on the altar of insurance com- tort reforms. If that were accurate, stricting an injured patient’s right to pany profits. We must not surrender States that have already enacted dam- recover fair compensation will reduce our most vulnerable citizens—seriously age caps would have a higher number malpractice premiums. But, there is injured women and newborn babies—to of OB/GYNs providing care. However, scant evidence to support their claim. the avarice of these companies. there is in fact no correlation. States In fact, there is substantial evidence to This bill contains most of the same without caps actually have 28.4 OB/ refute it. In the past year, there have arbitrary and unreasonable provisions GYNs per 100,000 women, while States been dramatic increases in the cost of which were decisively rejected by a bi- with caps have 25.2 OB/GYNs per 100,000 medical malpractice insurance in partisan majority of the Senate last women. States that already have damage caps year. The only difference is that last And that is only one of many fal- and other restrictive tort reforms on year’s bill took basic rights away from lacies in this bill. If the issue is truly the statute books, as well as the States all patients, while this bill takes those access to obstetric and gynecological that do not. No substantial increase in rights away only from women and new- care, why has this bill been written to the number or size of malpractice judg- born babies who are the victims of neg- shield from accountability HMOs that ments has suddenly occurred which ligent obstetric and gynecological care. deny needed medical care to a woman would justify the enormous increase in That change does not make the legisla- suffering serious complications with premiums which many doctors are tion more acceptable. On the contrary, her pregnancy, a pharmaceutical com- being forced to pay. it adds a new element of unfairness. pany that fails to warn of dangerous The reason for sky-high premiums This legislation would deprive seri- side effects caused by its new fertility cannot be found in the courtroom. ously injured patients of the right to drug, and a manufacturer that markets Caps are not only unfair to patients, recover fair compensation for their in- a contraceptive device which can seri- they are also an ineffective way to con- juries by placing arbitrary caps on ously injure the user? Who are the au- trol medical malpractice premiums. compensation for non-economic loss in thors of this legislation really trying Comprehensive national studies show all obstetrical and gynecological cases. to protect? that medical malpractice premiums These caps only serve to hurt those pa- In reality, this legislation is designed are not significantly lower on average tients who have suffered the most se- to shield the entire health care indus- in States that have enacted damage vere, life-altering injuries and who try from basic accountability for the caps and other restrictions on patient have proven their cases in court. care it provides to women and their in- rights than in States without these re- They are the children who suffered fant children. It is a stalking horse for strictions. Insurance companies are serious brain injuries at birth and will broader legislation which would shield merely pocketing the dollars which pa- never be able to lead normal lives. them from accountability in all health tients no longer receive when ‘‘tort re- They are the women who last organs, care decisions involving all patients. form’’ is enacted.

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.037 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1487 Focusing on premiums paid by OB/ and only 35.9 percent in the States that problem being faced by physicians in GYN physicians, the evidence is the had no caps. In the words of the report: some States. It is the product of a same. Data from the Medical Liability On average, doctors in States with caps ac- party caucus rather than the bipar- Monitor shows that the average liabil- tually suffered a significantly larger in- tisan deliberations of a Senate com- ity premium for OB/GYNs in 2003 was crease than doctors in States without caps . mittee. It was designed to score polit- actually slightly higher in States with . . . In short, the results clearly invalidate ical points, not to achieve the bipar- caps of damages—$63,278—than in the expectations of cap proponents. tisan consensus which is needed to States without caps—$59,224. It also Doctors, especially those in high-risk enact major legislation. For that rea- showed that the rate of increase last specialties, whose malpractice pre- son, it does not deserve to be taken se- year was higher in States with caps— miums have increased dramatically riously by the Senate. 17.1 percent—than it was in States over the past few years, do deserve pre- I withhold whatever time I have and without caps—16.6 percent. mium relief. That relief will only come suggest the absence of a quorum. This evidence clearly demonstrates as the result of tougher regulation of The PRESIDING OFFICER. Will the that capping malpractice damages does the insurance industry. When insur- Senator withhold on suggesting the ab- not benefit the doctors it purports to ance companies lose money on their in- sence of a quorum? Mr. KENNEDY. I withhold suggesting help. Their rates remain virtually the vestments, they should not be able to the absence of the quorum. same. It only helps the insurance com- recover those losses from the doctors panies earn even bigger profits. As they insure. Unfortunately, that is f Business Week Magazine concluded what is happening now. RECESS Doctors and patients are both vic- after reviewing the data, ‘‘the statis- tims of the insurance industry. Excess The PRESIDING OFFICER. Under tical case for caps is flimsy.’’ That was profits from the boom years should be the previous order, the hour of 12:30 in the March 3, 2003 issue. having arrived, the Senate will stand If a Federal cap on non-economic used to keep premiums stable when in- vestment earnings drop. However, the in recess until the hour of 2:15 p.m. compensatory damages were to pass, it insurance industry will never do that Thereupon, the Senate, at 12:30 p.m., would sacrifice fair compensation for voluntarily. Only by recognizing the recessed until 2:15 p.m. and reassem- injured patients in a vain attempt to real problem can we begin to structure bled when called to order by the Pre- reduce medical malpractice premiums. an effective solution that will bring an siding Officer (Mr. VOINOVICH). Doctors will not get the relief they are end to unreasonably high medical mal- f seeking. Only the insurance companies, practice premiums. which created the recent market insta- HEALTHY MOTHERS AND There are specific changes in the law HEALTHY BABIES ACCESS TO bility, will benefit. which should be made to address the Insurance industry practices are re- CARE ACT OF 2003—MOTION TO abusive manner in which medical mal- PROCEED—Continued sponsible for the sudden dramatic pre- practice insurers operate. The first and mium increases which have occurred in most important would be to subject the The PRESIDING OFFICER. The Sen- some States in the past 2 years. The insurance industry to the Nation’s ator from Utah is recognized. Mr. HATCH. Mr. President, what is explanation for these premium spikes anti-trust laws. It is the only major in- the state of business? can be found not in legislative halls or dustry in America where corporations in courtrooms, but in the boardrooms The PRESIDING OFFICER. The time are free to conspire to fix prices, with- until 4:50 is evenly divided. of the insurance companies themselves. hold and restrict coverage, and engage Insurers make much of their money Mr. HATCH. Thank you, Mr. Presi- in a myriad of other anticompetitive dent. from investment income. Interest actions. A medical malpractice ‘‘cri- earned on premium dollars is particu- I rise to speak in support of S. 2061, sis’’ does not just happen. It is the re- the Healthy Mothers and Healthy Ba- larly important in medical malpractice sult of insurance industry schemes to insurance because there is a much bies Access to Care Act. raise premiums and to increase profits This bill addresses the medical liabil- longer period of time between receipt by forcing anti-patient changes in the ity and litigation crisis in our country, of the premium and payment of the tort law. I have introduced with Sen- a crisis that is preventing patients claim than in most lines of casualty in- ator LEAHY, legislation which will at from receiving high quality health surance. The industry creates a ‘‘mal- long last require the insurance indus- care—or, in some cases, any care at all practice crisis’’ whenever its invest- try to abide by the same rules of fair because doctors are being driven out of ments do poorly. The combination of a competition as other businesses. Sec- practice. This crisis is limiting or de- sharp decline in the equity markets ondly, we need stronger insurance reg- nying access to vital medical care and and record low interest rates in recent ulations which will require malpractice needlessly increasing the cost of care years is the reason for the sharp in- insurers to set aside a portion of the for every American. crease in medical malpractice insur- windfall profits they earn from their As you will recall, we have pre- ance premiums. What we are wit- investment of premium dollars in the viously tried to remedy this crisis in nessing is not new. The industry has boom years to cover part of the cost of access to care. Most recently, we de- engaged in this pattern of behavior re- paying claims in lean years. This would bated S. 11 which failed to receive the peatedly over the last 30 years. smooth out the extremes in the insur- 60 votes necessary to invoke cloture Last year, Weiss Ratings, Inc., a na- ance cycle which have been so brutal last July. You have to have a super- tionally recognized financial analyst for doctors. Thirdly, to address the im- majority now on these types of issues conducted an in-depth examination of mediate crisis that some doctors in because of the opponents of this bill— the impact of capping damages in med- high risk specialties are currently fac- and some others. ical malpractice cases. Their conclu- ing, we should provide temporary pre- The time to act is now. The health sions sharply contradict the assump- mium relief. This is particularly im- care crisis is jeopardizing access to tions on which this legislation is based. portant for doctors who are providing health care for many Americans. The Weiss found that capping damages does care to underserved populations in medical liability crisis is also inhib- reduce the amount of money that mal- rural and inner city areas. iting efforts to improve patient safety practice insurance companies pay out Unlike the harsh and ineffective pro- and is stifling medical innovation. Ex- to injured patients. However, those posals in S. 2061, these are real solu- cessive litigation is adding billions of savings are not passed on to doctors in tions which will help physicians with- dollars in increased costs and reduced lower premiums. out further harming seriously injured access to high quality health care. Between 1991 and 2002, the Weiss patients. Unfortunately, the Repub- Defensive medicine is way out of analysis shows that premiums rose by lican leadership continues to protect whack. We are spending billions of dol- substantially more in the States with their allies in the insurance industry lars on unnecessary defensive medicine damage caps than in the States with- and refuses to consider real solutions because doctors are terrified they are out caps. The 12-year increase in the to the malpractice premium crisis. going to be sued in these frivolous law- annual malpractice premium was 48.2 This legislation—S. 2061—is not a se- suits—called medical liability suits— percent in the States that had caps, rious attempt to address a significant by personal injury lawyers.

VerDate jul 14 2003 01:39 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.022 S24PT1 S1488 CONGRESSIONAL RECORD — SENATE February 24, 2004 I am deeply concerned that we are GYN doctors are particularly vulner- Seventy-six percent of physicians are needlessly compromising patient safe- able to unjustified lawsuits because of concerned that malpractice litigation ty and quality health care. We know the tendency to blame the doctor for has hurt their ability to provide qual- about 4 percent of hospitalizations in- brain-injured infants, although re- ity care to patients. What can we do to volve an adverse event, and 1 percent of search has proven that physician error address this crisis? The answer is plen- hospitalizations involve an injury that is responsible for less than 4 percent of ty. There are excellent examples of would be considered negligent in court. all neurologically impaired babies. what works. These numbers have been consistent Ensuring the availability of high- Last March, the Department of in large studies done in New York, quality prenatal and delivery care for Health and Human Services released a California, Colorado, and in my home pregnant women and their babies, the report describing how reasonable re- State of Utah. However, the equally most vulnerable members of our soci- forms in some States have reduced troubling statistic is only 2 percent of ety, is imperative. We simply must health care costs and improved access cases with actual negligent injuries re- pass this bill. to quality health care. More specifi- sult in claims, and less than one-fifth— In August 2003, a GAO report con- cally, over the last 2 years in States 17 percent—of claims filed actually in- cluded that actions taken by health with limits of $250,000 to $350,000 on volve a negligent injury. providers as a result of skyrocketing noneconomic damages, premiums have This situation has been likened to a malpractice premiums have contrib- increased an average of just 18 percent, traffic cop who regularly gives out uted to health care access problems. compared to 45 percent in States with- more tickets to drivers who go through These problems include reduced access out such limits. green lights than those who run red to hospital-based services for deliv- California enacted the Medical Injury lights. Clearly, nobody would defend eries, especially in rural areas. In addi- Compensation Reform Act, also known that method of ensuring traffic safety, tion, the report indicated that States as MICRA, more than a quarter cen- and we should not accept such an insuf- that have enacted tort reform laws tury ago. MICRA slowed the rate of in- ficient and inequitable method of en- with caps on noneconomic damages crease in medical liability premiums suring patient safety. Numbers are a have slower growth rates in medical dramatically without affecting nega- searing indictment of the current med- malpractice premiums and claims pay- tively the quality of health care re- ical liability system. I personally be- ments. From 2001 to 2002, the average ceived by the State’s residents. As a re- lieve we can do better for the American premiums for medical malpractice in- sult, doctors are not leaving California. people, and the Healthy Mothers and surance increased about 10 percent in Furthermore, between 1976 and 2000, Babies Act is an important step in that States with caps on noneconomic dam- premiums increased by 167 percent in path. ages. In comparison, States with more California, while they increased three The problem is particularly acute for limited reforms experienced an in- times as much, 505 percent, in the rest women who need obstetrical and crease of 29 percent in medical mal- of the country. Consequently, Califor- gynecologic care because OB/GYN is practice premiums. nians were saved billions of dollars in among the top three specialties with Medical liability litigation directly health care costs, and Federal tax- the highest professional liability insur- and dramatically increases health care payers were saved billions of dollars in ance premiums. This has led to many costs for all Americans. Unfortunately, the Medicare and Medicaid programs. doctors leaving practice and to a short- a high percentage of those cases are No one in this body, perhaps with the age of doctors in many States, includ- brought in order to get the defense exception of our colleague from Ten- ing my home State of Utah. costs by, in many respects, lawyers nessee, Dr. Bill Frist, our majority Studies by both the Utah Medical As- who are not true to their profession, leader, is more keenly aware of the de- sociation and the Utah Chapter of the who are personal injury lawyers seek- fects in this system than I. Before com- American College of Obstetricians and ing to make a buck. ing to Congress, I litigated several Gynecologists underscore the problem In addition, skyrocketing medical medical liability cases. I defended in my State. Over half—50.5 percent—of litigation costs indirectly increase health care providers. I have seen the family practitioners in Utah have al- health care costs by changing the way heart-wrenching cases in which mis- ready given up obstetrical services or doctors practice medicine. Defensive takes were made and where judgments never practice obstetrics. Of the re- medicine is defined as medical care should have been brought. But more maining 49.5 percent who still deliver that is primarily or solely motivated often I have seen heart-wrenching babies, 32.7 percent say they plan to by fear of malpractice claims and not cases in which mistakes were not made stop providing OB services within the by the patient’s medical condition. Ac- and doctors were forced to expend valu- next decade. Most plan to stop within cording to a survey of 1,800 doctors able time and resources defending the next 5 years. published in the Journal of Medical Ec- themselves against frivolous lawsuits. An ACOG survey from August 2002 re- onomics, more than three-fourths of I have seen a lot of cases where there vealed that over half—53.16 percent—of doctors believed they must practice de- was no injury at all that were brought OB/GYNs in Utah have changed their fensive medicine. A 1998 study of defen- by unscrupulous personal injury law- practice, such as retiring, relocating, sive medicine by Mark McClellan, our yers, running up the cost to all the or dropping obstetrics because of the current head of the FDA who has been doctors, to the whole system. A high medical liability reform crisis. This nominated now to be head of CMS, used percentage of these cases are brought change in practice leaves 1,458 preg- national health expenditure data that merely for defense costs because it cost nant Utahns without OB/GYN care. showed medical liability reform has so much to defend these cases that The medical liability crisis, while af- the potential to reduce defensive medi- even the defense costs mean a pretty fecting all medical specialties and cine expenditures by $69 billion to $124 good fee if you are charging 30 to 40 practices, hits OB/GYN practices espe- billion in 2001, an amount that is be- percent. cially hard, and I suspect this is true of tween 3.2 and 5.8 times the amount of The recent Institute of Medicine re- every State in the Union. Astonish- malpractice premiums. port, ‘‘To Err is Human,’’ concluded ingly, over three-fourths, 76.5 percent, The financial toll of defensive medi- that ‘‘the majority of medical errors do of obstetricians/gynecologists report cine is great and especially significant not result from individual recklessness being sued at least once in their career. for reform purposes as it does not or the actions of a particular group. Indeed, over one-fourth of OB/GYN doc- produce any positive health results nor This is not a bad apple problem. More tors will be sued for care given during benefits. Not only does defensive medi- commonly, errors are caused by faulty their residency. These numbers have cine increase health care costs, it also systems, processes, and conditions that discouraged Americans finishing med- puts Americans at avoidable risk. lead people to make mistakes or fail to ical school from choosing this vital Nearly every test and every treatment prevent them’’. We need reform to im- specialty. Currently, one-third of OB/ has possible side effects. Thus every prove the health care systems and GYN residency slots are filled by for- unnecessary test, procedure, and treat- processes that allow errors to occur eign medical graduates compared to ment potentially puts a patient in and to identify better when mal- only 14 percent one decade ago. OB/ harm’s way. practice has not occurred.

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.039 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1489 The reform I envision would address My story is the tale of two States, their efforts at reform sidetracked by litigation abuses in order to provide my home State of Idaho and our neigh- overzealous judges. And, as the medical swift and appropriate compensation for bor to the west, Oregon. Idaho enacted liability crisis in the 19 States identi- malpractice victims, redress for serious its original tort reform legislation in fied by the AMA now threatens to over- problems, and ensure that medical li- 1987. This legislation limited the award whelm the entire Nation’s medical li- ability costs do not prevent patients of noneconomic damages in personal ability system, I feel that now is the from accessing the care they need. We injury cases to $400,000. This limit was time to address this issue at the na- need to move ahead with legislation to indexed to inflation. Oregon also en- tional level. improve patient safety and reduce acted tort reform legislation in 1987. A Federal law is required to ensure medical errors, and we need urgently Like the Idaho law, the Oregon law that reforms will be effected in all to address the medical liability crisis limited the award of noneconomic States. Furthermore, the language of so that more women are not denied ac- damages in personal injury cases. Or- S. 2061 will protect States with existing cess to quality medical care because it egon’s law placed this limit at $500,000. caps. At the same time it will protect has become too expensive for their OB/ Unlike Idaho however, where the tort health care providers by establishing a GYN doctors to continue their prac- reform measure withstood judicial Federal standard for noneconomic tice. scrutiny, and has since been strength- damages limits, even if such caps are The Healthy Mothers and Healthy ened by the Idaho State Legislature in barred by a State constitution, such as Babies Access to Care Act will allow us 2003, Oregon’s law was struck down by in Oregon. By allowing State auton- to begin ensuring women and babies the State supreme court in 1999. Since omy in the setting of liability limits, get the medical care they need and de- the cap was removed, there have been this bill respects our tradition of fed- serve. Without tort reform, juries are 20 settlements and jury awards of more eralism. awarding astounding and unreasonable than $1 million. Since this body refused to vote for sums for pain and suffering. A sizable As expected, the costs of these cloture on a related bill last July, the portion of those awards goes to the at- awards have been passed on to medical general accounting Office has issued a torney rather than to the patient. The professionals in the form of higher report assessing the effects that rising result is that doctors cannot get insur- medical malpractice insurance pre- malpractice insurance premiums have ance and patients cannot get the care miums. The Eugene Oregon Register had on the public’s access to health they need and deserve. Guard reported on March 19, 2003, that care. This report, released in August of All Americans deserve the access to obstetricians who have base coverage last year, confirmed instances in the care, the cost savings, and the legal ($1 million per claim, $3 million aggre- five ‘‘crisis’’ States studied where ac- protections that States such as Cali- gate per year) through Northwest Phy- tions taken by physicians in response fornia provide their residents. Today’s sicians Mutual, a doctor-owned insur- to malpractice pressures have reduced access to services affecting emergency bill will allow us to begin to address ance company, have seen their pre- surgery and newborn deliveries. No in- this crisis in our health care system, miums increase nearly threefold, from stances of reduced access to heath care gives women and their babies access to $21,895 in 1999 to $61,203 in 2003. The were identified in the four ‘‘non-crisis’’ their OB/GYN doctors, and enables doc- same article referred to a statewide tors to provide high-quality, cost-effec- States studied. survey conducted by researchers at Or- The August report follows an earlier tive medical care. egon Health and Science University I strongly support this legislation GAO report that examined the causes which found that since 1999, 125 doctors and urge my colleagues to support clo- of the dramatic increase in malpractice have quit delivering babies in Oregon— ture. insurance rates. That earlier report I yield the floor. representing about 25 percent of doc- found that ‘‘losses on medical mal- The PRESIDING OFFICER. Who tors providing obstetric care. Nearly practice claims—which make up the yields time? half of these physicians, 48 percent, largest part of insurer’s costs—appear The Senator from Nevada. cited insurance costs and 41 percent to be the primary driver of rate in- Mr. REID. Mr. President, I ask unan- said they feared lawsuits. creased in the long run.’’ imous consent that during the debate The article goes on to tell the story Together these two studies provide this afternoon with respect to the clo- of an Oregon physician who is aban- strong evidence that: (1) Rising claims ture vote, any Democratic speakers be doning his practice in Eugene, in order costs are driving up the cost of mal- limited to 10 minutes each. The reason to establish a new practice in Coeur practice insurance; (2) the rising cost I propound this request is that we have d’Alene, ID. The physician stated that of insurance is causing medical service less than an hour left on our side. We he was attracted to Idaho because the providers to take actions which have have a number of speakers who have a State has safeguards in place for doc- limited access to health care; and (3) desire to speak. If we have a limited tors. These safeguards have helped the imposition of noneconomic dam- time, they will not be able to do that. keep malpractice premiums down in ages caps, as well as the other reform I ask unanimous consent that be the Idaho. Indeed, the Idaho Medical asso- measures included in this bill, are ef- order. ciation reports that physicians in fective in constraining the rise of in- The PRESIDING OFFICER. Without Idaho for some high-risk specialities, surance premiums. objection, it is so ordered. such as obstetrics and gynecology, pay From the Pacific Northwest to the Mr. CRAIG. Mr. President, I do not about half of what their counterparts Florida Keys, the problem is clear and object to that. I appreciate the time in Oregon pay. the solution is clear. The only question consideration. The Senator from Cali- While I welcome any healthcare pro- awaiting clarification is whether this fornia is kind enough to allow me to viders who wish to practice in Idaho, I body possesses the resolve to pass this proceed. I ask unanimous consent that do not wish to see women of a neigh- much-needed legislation. she immediately follow me. boring State, or any State, suffer from Mr. President, to reiterate, I want to The PRESIDING OFFICER. Without lack of available health care because tell the story of two States as it re- objection, it is so ordered. medical providers cannot afford to pur- lates to this issue and the bill, Healthy Mr. CRAIG. Mr. President, first, I am chase malpractice insurance in their Mothers and Healthy Babies Access to here to speak on S. 2061 and ask our home State. Care Act, addressing that problem. The colleagues to support it. Many of my Now as a firm proponent of our Fed- States are Idaho and Oregon. In 1987, colleagues have already spoken of the eral system, I have always believed Idaho and Oregon passed identical pressing need for this legislation, so I that it is preferable to solve problems laws—or relatively identical laws. In will not repeat their words now. What at the level of government closest to the State of Idaho, we capped our per- I will speak about is how the medical the people. And my preference here sonal injury cases at $400,000. Oregon liability crisis has played out in my re- would have been for State governments capped them at $500,000. Unlike Idaho, gion of the country, the Pacific North- to address this issue, as indeed many the Oregon Supreme Court, in a period west. I believe the situation as it exists have. However, many other States have of time immediately following that, there provides clear evidence of the either not enacted reform legislation, struck down the Oregon action. Idaho need for national reform. or as in the case of Oregon, have found did not.

VerDate jul 14 2003 01:39 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.041 S24PT1 S1490 CONGRESSIONAL RECORD — SENATE February 24, 2004 Idaho not only held its law but then Who is the beneficiary? The patient? In percent of obstetricians and gyne- strengthened that law in 2003. Here is many instances, they are not. Yet costs cologists in Nevada are leaving their the rest of the story. Idaho strength- go up simply because of the risk in- practice due to rising malpractice in- ened its law in 2003. Oregon struck volved. surance costs. Twenty percent of OB/ down its law in 1999. But they both We ought to be protecting the pa- GYNs in West Virginia and Georgia started in the same place. Since the tient and, in this case, the average cit- have been forced out of their practice. cap was removed in Oregon, there have izen of this country on both sides of I could go on and on and on. been 20 settlements for injury awards that equation by making sure they can I want to talk for a moment about of well over a million dollars. gain true access to the courts when California, and then I want to talk As expected, the cost of these awards true injury results and, at the same about what I think is a logical solution has been passed on to the medical pro- time, making sure we are wise enough to this. But up to this point, the AMA fessional in the form of higher medical to hold down the increasing costs of and my own medical association, the malpractice insurance premiums. The health care, assisted by the dramatic California Medical Association, won’t Eugene, Oregon Register Guard re- increase in premium costs to our physi- buy it. Congress can and should provide ported on March 19, 2003, that obstetri- cian. This is a step toward that kind of some legislative relief. cians who have base coverage—that is, a solution. MICRA, the Medical Injury Com- $1 million per claim, $3 million per ag- I yield the floor. pensation Reform Act, took place 29 gregate per year—through Northwest The PRESIDING OFFICER. The Sen- years ago in California. MICRA set a Physician Mutual, a doctor-owned in- ator from California is recognized. precedent in the ensuing years for re- Mrs. FEINSTEIN. Mr. President, I surance company, have seen their pre- form measures in several States. The thank the distinguished Senator from miums increase nearly threefold, from MICRA law provides a model. Idaho for his courtesy. I cannot sup- $21,895 in 1999, to 61,203 in 2003. The Last year, I spent several months re- port this bill. I don’t believe it reflects same article referred to a statewide viewing MICRA to see what could be compromise. I don’t think it is materi- survey conducted by researchers at Or- transferred to the national level. ally changed from the bill that failed egon Health and Science University, I have come to believe it is possible to get 50 votes last July. The major dif- which found that since 1999, 125 doctors that reasonable caps on liability can ference, as I see it, in this bill is that have quit delivering babies in Oregon— lead to affordable premiums. the liability restrictions apply to only representing about 25 percent of the When MICRA was enacted in 1975, the one medical specialty group, obstetri- doctors providing obstetric care. Near- cost of health insurance in California cians and gynecologists. was higher than in any market except ly half of these physicians, 48 percent, This bill sets a national cap of New York City. In the 6 years before cited insurance costs, and 41 percent $250,000 for noneconomic damages. The 1975, the number of malpractice suits said they feared lawsuits. cap applies not only to suits against filed per hundred physicians in Cali- The article went on to talk about one doctors but to suits against HMOs and fornia had more than doubled. Eugene, OR, physician who moved to to manufacturers of gynecological or MICRA has kept costs down. In 1975, Coeur d’Alene, ID. The reason he obstetric products as well. moved to Idaho is because in our State So, under this bill, the Dalkon Shield California’s doctors paid 20 percent of of Idaho, their insurance premiums are contraceptive device would be shielded the gross costs of all malpractice insur- substantially less because the cap we by this $250,000 cap regardless of the ance premiums in the country. Today, placed in the law has held the test of harm caused. it is 11 percent. the courts. Moreover, this bill severely limits California’s premiums grew 167 per- The reality is that we are trying to the availability of punitive damages cent over the past 25 years compared to set the stage nationwide. We are all against OB/GYNs and manufacturers of 505 percent in other States. So the aware—and many colleagues have come related products. The bill would also growth in California is just about less to the floor of the Senate to talk about immunize manufacturers or sellers of than a third of what it is in the rest of it—of the studies done, the GAO report, gynecological products approved by the the United States. the high-cost States, and the OB/GYN FDA from punitive damages. In California, patients get their doctors fleeing from those States, and The FDA exemption sets, in a way, a money faster. Cases in California settle as a result making it very difficult in downward course. If a company has an 23 percent faster than in States with- some instances for pregnant women to FDA-approved product on the market out caps on noneconomic damages. receive the kind of health services they and then learns of dangerous complica- MICRA allows patients to obtain need and, in fact, upon time of deliv- tions, the company must remove the health care costs, recover for loss of in- ery, to know they have a doctor wait- product from the marketplace imme- come, and receive the funds they need ing at their side to help them. diately. To provide an exemption for to be rehabilitated. And California’s As medical liability crises in these 19 products with FDA approval may well malpractice premiums are now one- identified States loom, it is time we be a disincentive to prompt removal third to one-half lower on average than speak with uniformity across the Na- from the shelf. those in Florida and New York. tion. That is exactly what this bill I am one who believes there needs to The proposal I would put out for peo- does. I hope that our colleagues can be a solution to rising malpractice in- ple to study today takes those parts of support cloture and we can move to a surance premiums. I want to talk to MICRA which I thought could serve as final vote on this bill. Clearly, the that solution in just a moment. But, it a national model. For example, a American people are now expecting us is correct that obstetricians and gyne- schedule of attorney’s fees; a strict to speak out. cologists are reeling under exorbitant statute of limitations requiring that Last week, I held a health care con- medical malpractice premiums. medical negligence claims be brought ference in Boise. One of the primary Obstetricians and gynecologists had within 1 year from the discovery of an concerns was the rapidly rising cost of more claims against them and paid out injury or within 3 years of the injury’s health care. One of the components of more money to plaintiffs than any occurrence; the requirement that a that escalation in cost is the very other medical specialty between 1985 claimant give a defendant 90 days’ no- thing we are attempting to address and 2000. tice of his or her intent to file a law- today. So I hope the Senate can stand Prior to the State of Florida passing suit before a claim can actually be with reasonable unity. Myself and oth- medical liability caps last year, OB/ filed; allowing defendants to pay dam- ers understand the politics of the trial GYNs in Florida paid over $200,000 an- age awards in periodic installments; bar. When is enough enough? nually for malpractice insurance. and allowing defendants to introduce If we don’t, by this action, deny ac- OB/GYNS in California, a State with evidence at trial to show that claim- cess to the courts by those who are liability caps, pay an average in mal- ants have already been compensated truly injured—and we don’t—then why practice insurance of $57,000, which is for their injuries through workers’ are we allowing a certain segment of about a quarter of what it is in Florida. compensation benefits, disability bene- our society, in the litigious manner According to the American College of fits, health insurance, or other pay- they have chosen, to line their pockets. Obstetricians and Gynecologists, 20 ments; and permitting the recovery of

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.043 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1491 unlimited economic damages. All of There are many specific instances of In my view, and I think it is a view these points are now in play in Cali- why a $250,000 noneconomic damage, probably shared by a majority of my fornia. I believe they are applicable na- especially today, remains too low. Let colleagues, we believe that if the plain- tionally. me just give you one case. I happened tiff class happens to be in a State dif- The differences from the California to meet this woman, and it is a case ferent from the State that the defend- MICRA that I would propose would be that I think makes my argument irrev- ant is from, our Constitution would in two key areas. The first is non- ocably. It is the case of Linda suggest that maybe in those cases that economic damages, and the second McDougal. She is 46. She is a Navy vet- rather than the case being litigated in would be punitive damages. The Cali- eran, an accountant, and a mother. She the State where all of the plaintiffs are fornia MICRA law has a $250,000 cap on was diagnosed with an aggressive form located, if the defendant is from an- noneconomic damages. That is what is of cancer and underwent a double mas- other State, that the fair thing to do to proposed in the pending bill. In con- tectomy. Two days later, she was told both the defendant and the plaintiff is trast, I would propose a national that a mistake was made. She didn’t to litigate that matter in Federal $500,000 flex cap, a general cap on non- have cancer, and the amputation of her court. That has been a subject of some economic damages. This cap would breasts was not necessary. A patholo- debate. allow a State to impose a lower or a gist had mistakenly switched her test It is not an issue that involves limits higher limit, but it would be pivotal for results with another woman who had on punitive damages, economic, non- those States where the State laws do cancer. economic damages, pain and suffering. not currently allow a State to set a A cap on noneconomic damages must The debate does not lie there. Rather, cap. This would allow in those States take into account severe morbidity the debate lies in the area of in what for the cap to be $500,000. produced by a physician’s mistake, court, in what jurisdiction should In catastrophic cases where a victim such as amputating the wrong limb or those kinds of questions be resolved. of malpractice was subject to severe transfusing a patient with the wrong I have been in the Senate for a bit disfigurement, severe disability, or type of blood. more than 3 years. During that course death, the cap would be the greater of I remain a supporter of malpractice of time, there have been any number of $2 million or $50,000 times the number insurance reform. If at any time there hearings in the Senate Judiciary Com- of years of life expectancy of the vic- would be physician support, I believe mittee and in the House Judiciary tim. This handles the situation of a then the necessary 60 votes in this body Committee to bring before the respec- very young victim who was really the could be generated for a plan such as I tive panels in both bodies those who victim of egregious malpractice. have just enumerated. believe that we need to change the sta- In addition, my proposal would have In conclusion, I will vote against this tus quo with respect to class action less onerous punitive damages stand- bill but stand ready to participate in a litigation and those who think that ards than California law. California law solution along the lines I have men- what we have is just fine. would require a plaintiff to prove puni- tioned. Proponents and advocates have had I thank the Chair, and I thank the tive damages under the very high the opportunity to speak their points Senator from Delaware. standard of fraud, oppression, or mal- of view and to testify repeatedly in the ice. Under this standard, I am not The PRESIDING OFFICER. The Sen- ator from Delaware. Senate and in the House. In fact, over aware of a single case where a plaintiff Mr. CARPER. Mr. President, before the last couple of years, this is what has obtained punitive damages in Cali- Senator FEINSTEIN leaves the Chamber, has happened in the Senate: Legisla- fornia over the past 10 years. However, she has laid out what may well be a tion has been developed in committee, if the State wanted to keep that—any very reasonable alternative for this it has been debated in committee, it State—they could under my proposal. body and our colleagues in the House has been amended in committee, and it But I would offer a four-part test where to consider with respect to medical has been brought to the floor in an ef- a plaintiff would have to show by clear malpractice. She has played a vital fort to try to have it debated, amended, and convincing evidence that the de- role as we have worked over the last and voted on. fendant (1) intended to injure the several years to craft a compromise on Last fall, we were able to get 59 votes claimant unrelated to the provision of class action reform and offered maybe to proceed to the bill, to take it up and health care; (2) understood the claim- the critical amendment to the bill. offer amendments on the floor, but on ant was substantially certain to suffer What I would like to do in the 10 class action we fell just short of the 60 unnecessary injury, and in providing or minutes I am going to speak is com- that we needed to invoke cloture. So failing to provide health care services, pare and contrast, if I can, the ap- we went back and we did some more the defendant deliberately failed to proach in bringing this medical mal- work. Those of us who think changes avoid such injury; (3), acted with a con- practice bill to the Senate today with are necessary worked with some of our scious, flagrant disregard of a substan- the approach that has been followed as Democrat colleagues, three of them es- tial and unjustifiable risk of unneces- we have tried to bring class action re- pecially, and others as well, to come up sary injury which the defendant failed form legislation to the Senate floor. with changes that would make the bill to avoid; or, (4), acted with a conscious, Let me step back for a moment. For better, fairer, and more defensible. flagrant disregard of acceptable med- those who may be listening to this dis- Hopefully, within the next several ical practices in such circumstances. cussion, class action reform seeks to weeks we will have the opportunity to I firmly believe a variant of this type address the issue of when a class of debate that on the floor and to offer could lead to a compromise in the Sen- people are harmed what kind of redress further amendments to class action re- ate, but the AMA and my own medical do they have to seek compensation? I form legislation. association, the California Medical As- think most of us would agree that if a It has been a long process, some sociation, both flatly rejected this pro- person were harmed by a product, good, would say too long. What happens is we posal last year. They refused any cap or service that they had come in con- start off with a reasonable proposal, for noneconomic damages above tact with or acquired that that person debate it in committee, improve it in $250,000 even in catastrophic cases. To should be made whole. I think we committee, report it out of committee, me this makes little sense because a would also agree if a whole class of peo- and then we are going to have the op- $250,000 cap in 1975, which was when the ple were somehow damaged by a prod- portunity to bring the bill to the floor cap was put in play in California, ad- uct, good, or service that they came in and it will be altered, I think im- justed for inflation, was worth $839,000 contact with that the class of people proved, when that same bill comes to in 2002. If $250,000 was adequate in 1975, should be made whole. the floor. why wouldn’t a figure of a half a mil- The question is, In what forum Once the bill is on the floor, we will lion dollars—$500,000—which is lower should those damaged persons, the have the opportunity for full and open than the cap adjusted for inflation, be damaged class, the plaintiff class— debate to consider what people like acceptable in 2004? If a victim receives where do they turn to for redress to about it and do not like about it. They $250,000 today, it is the equivalent of gain compensation for their injury or can offer their changes and we will $40,000 in 1975 dollars. for their harm? have an up-or-down vote at the end of

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.045 S24PT1 S1492 CONGRESSIONAL RECORD — SENATE February 24, 2004 the day when we have amended the issue if they are interested in finding a to support our country no matter what bill. That is what we call regular order. fair and reasonable solution, there are the cost. That is what the eagle says to That is the way an issue of this nature a number of us on this side of the aisle me. At times it has been an endangered should be decided. who would be willing to engage with species. But there is another bird I To my knowledge, maybe in the last them to find that. In the meantime, I want to talk about today. That bird is 3 years there has been one hearing in would suggest they take a look at what called, in my view, the chicken hawk. one committee in the Senate on the States are doing. There is such a bird, but usually it is issue of medical malpractice. If there Senator FEINSTEIN talked about her the hawk chasing the chicken. But now have been others, I am not aware of own State. In Delaware, the Governor I want to talk about the chicken that them. A year ago, there was one hear- put together a group, not a partisan really chases the hawk. ing in one committee on this issue. I do group but a group that includes the Those of us who answered our Na- not believe the bill has been marked up trial bar, health providers, hospital tion’s call for military service at war- in that committee. representatives, folks within govern- time have not grandstanded on that They did not vote on that bill in that ment and outside of government, to try issue. We served our country and, committee. They did not seek to to figure out if we needed to make any frankly, many of my colleagues who amend this medical malpractice bill in changes in our own State with respect answered the call are not always will- that committee. Instead, we simply to medical malpractice. ing to talk about their experiences. find a related bill appearing on the In the end, they said: We do not But now I see a disturbing trend from Senate agenda with no opportunity to think we have a problem in Delaware the other side of the political aisle. offer amendments, to improve it as with physicians being unable to get the More and more, Senators in this body maybe Senator FEINSTEIN, Senator coverage at a reasonable price. We do are tagged as lax on national security DURBIN, or others would like to do but, not have out of control jury awards. or homeland security or support for the rather, to have to kind of take it or This is not a huge Delaware problem. military because of votes they took leave it. That is not regular order and Rather, they did suggest one change against problematic defense bills over that is not the way to build consensus, which I think is instructive. What they the years. For years the charge coming particularly on an issue as difficult and did was said why do we not provide for from across the aisle is that Democrats as contentious as this one. the certification of medical mal- are somehow or other less patriotic, Another issue we have been dealing practice litigation to certify that it is less supportive of defense, and it is a with, which involves litigation reform, not a frivolous lawsuit. If someone shameful and grotesque charge. In my is the subject of asbestosis. We all wants to bring a suit before it ends up view these charges typically come from know that for many years people used in court, there will be a panel of knowl- people I would simply call chicken asbestos. It was used in all kinds of edgeable people within that area of hawks. projects, construction, automobiles, health care who will look at the asser- My definition of a chicken hawk is brakes, ship construction. Asbestos tion of the plaintiff and decide whether someone who talks tough on national was commonly used. We later found or not this is a frivolous lawsuit. If it defense and military issues, casts as- out that it kills people. It causes asbes- is, the litigation does not go forward. persions on others who might disagree tosis, mesothelioma, and other dis- That is what one State is doing, as a on the vote, but when they had a eases. We now have been working for temporary measure. chance to serve, they were not there. years to try to figure out how do we I close by saying this: Unlike asbes- Now they are attacking the Senator compensate the victims of asbestos ex- tos litigation reform, which needs a na- from Massachusetts for opposing bloat- posure to make them whole. That proc- tional solution, unlike class action liti- ed or poorly designed defense bills. Is it ess is one that has gone on for any gation reform, which I believe needs a known how much courage it takes to number of years, too. The process we national solution, for the most part vote against a bad Defense authoriza- followed there is the opportunity to States can deal with on a case-by-case, tion or appropriations bill? We all fully debate the issue in committees, State-by-State basis issues revolving know it takes a lot of political cour- to hold hearings in committees, where around medical malpractice. I think age, because even if the bill contains people who are for and against it have for the most part we are better off pur- wasteful and damaging provisions, the a chance to express their views. There suing that. Not everybody will agree vote can be twisted by your opponents. are a lot of interested parties such as with me on that point, but I think But when faced with a bad defense bill, insurance companies, manufacturers, most people in this body will agree on what do the chicken hawks do? They labor unions, the trial bar, and others this point, and that is the right way to take the easy road. They fly the easy that have had the opportunity to add legislate on these contentious issues is route. They always vote for it, no mat- their input. I hope what we now have the approach we have taken with re- ter what it says. How much courage coming to the Senate floor sometime spect to class action reform and the ap- does it take to vote for a bad defense later this spring is legislation that proach we are taking with respect to bill? None. Zero. It is the easy thing to says maybe the way we handle asbestos asbestos litigation reform, where all do. litigation in this country can be im- sides have the opportunity to be heard, Our colleague, the distinguished jun- proved on so we make sure people who Members get to offer their amend- ior Senator from Massachusetts, is are sick and dying of asbestos exposure ments in committee and on the floor being attacked this week by the other get the help they need, and make sure and then we go forward. That is the side of the aisle as being weak on sup- people who are not sick will not ever be way to do business, and if we do busi- port for the military and compromising sick and do not siphon off money from ness on those bases and in that accord, the defense of our country. I say shame those who truly need it. We need to on a more consistent basis, we will be on those who impugn the patriotism of come up with a fair system and one, able to not only talk about doing some- those who supported their country’s frankly, that will stem the loss of com- thing that needs to be done but actu- call for duty and paid for it with inju- panies, corporations, and businesses ally accomplish it. ries resulting from their obedience to that are going bankrupt by the scores I yield the floor. that call. of asbestos exposure. The PRESIDING OFFICER (Mr. TAL- In my view, that is the cry of the If we compare the way this body has ENT). The Senator from New Jersey. chicken hawk who has no idea what it approached class action reform legisla- CHICKEN HAWKS means to have the courage to put your tion, in a very deliberate and thought- Mr. LAUTENBERG. Mr. President, I life at risk to defend your country and ful fashion, with plenty of opportunity rise to discuss a troubling issue that its ideals. But the Senator from Massa- for debate and changes, and compare has plagued our political debate for chusetts knows it all too well. When that with what is before us today, it is many years and now has come to a our country went to war in southeast night and day. There is really very lit- head. I cannot stay silent any longer. Asia, the Senator from Massachusetts tle similarity. We so much admire the eagle, the enlisted in the Navy. He requested to I suggest to our friends on the other bird of strength, the bird that portrays be sent to Vietnam to fight for his side of the aisle that on this particular the courage of America, the willingness country, and he did that. For his heroic

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.048 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1493 service in Vietnam, the Senator from The Senator from Massachusetts has Hampshire, a bill which ordinarily Massachusetts won the Silver Star, the voted for plenty of defense spending in- would have been referred to the Senate Bronze Star, three Purple Hearts—that creases, but he has also voted to pre- Judiciary Committee. The bill did not means he was wounded three times; it vent bad programs from moving for- go to that committee. Senator GREGG is a miracle he is still alive—the Com- ward. He does his duty to his country does not serve on that committee. The bat Action Ribbon, the Navy Presi- and to his constituents. bill was sent to the floor. I am afraid dential Unit Citation, the Navy Unit The way I see it, the President and what this bill is all about is trying to Commendation Ribbon, the National his proxies are attempting to bring make certain we make a record rollcall Defense Service Medal, the Vietnam American politics back to the days of on this issue so that those who are sup- Service Medal, and the Vietnam Cam- dirty tricks. We saw it in 2000, not porting this bill will go back to some paign Medal. How dare they challenge against just Al Gore but also against members of the medical committee and his commitment to our defense? His pa- the most serious Republican chal- say all Senators who voted against it triotism? lenger, the Senator from Arizona. The don’t want to help you with increasing The Senator’s action took courage. It Bush campaign coordinated attacks on medical practice premiums. That is the same courage the Senator the Senator from Arizona that ques- couldn’t be further from the truth for showed when he refused to vote for de- tioned his commitment to our troops. this Senator. fense bills merely because they were Outrageous. An attack on a man who I have strong feelings about what we defense bills. As a man who has seen a not only fought for this Nation but need to do. I believe we need to be battlefield, he has a keen under- spent years as a prisoner of war. They doing something. We need to address standing of military needs and military didn’t stop there. They even attacked the issue in a comprehensive way. We policy and he voted accordingly. He ac- the Senator’s family. It was a new low shouldn’t be afraid to look at all as- tually did what his constituents sent in modern American campaigning. pects of this challenge. him here to do: evaluate legislation on I want the administration and its al- The first aspect of this challenge is its merits and vote with your con- lies in Congress to know we are not that there are too many medical errors science and your obligation to our citi- going to put up with these despicable today in hospitals and doctors’ offices zens. insinuations and dirty campaigning. across America. Don’t take my word Did it take courage? Of course. Integ- From now on, they question our com- for it. The Journal of the American rity? Of course. Was it an easy thing to mitment to our troops and the defense Medical Association reached that con- do? Absolutely not. The easy thing to of this Nation at their own peril. clusion and said medical errors are of do would be to simply vote for all the We saw it just the other day, I think epidemic proportions across America. defense bills, no matter what they say, it was yesterday. In a speech that was The Institute of Medicine estimated and pretend these votes are the real publicly televised, those members of that in any given year, 24,000 to 98,000 measure of patriotism. That is what the NEA, the National Education Asso- Americans lose their lives because of the chicken hawks do. That is the easy ciation, who stick up for the quality of medical negligence. This bill doesn’t road. our teachers, for their ability to earn a even address that issue. It addresses It is the same easy road we see when living, for the ability to take the medical malpractice in a courtroom. It someone files for five student courses they need—to talk about them doesn’t address it in a doctor’s office or deferments and then claims an old as terrorists? That is no different than in a hospital. The first thing we should do is see football injury should prevent him the chicken hawk line I just talked how can we work with the medical from fighting for his country. Only a about. community and the hospitals to reduce chicken hawk would attack a political With that, I will yield the floor. errors, reduce negligence, and reduce rival who lost three limbs in Vietnam The PRESIDING OFFICER. The Sen- the incidence of these grievous injuries as being soft on defense. ator from Illinois. So I say to my colleagues on the Mr. DURBIN. Mr. President, it is my and death that occur as a result. Currently, when you look at the uni- other side of the aisle, we are not going understanding we are considering S. verse of possible medical negligence to put up with these insinuations that 2061, with 10-minute allocations of time and the lawsuits filed as a result of it, attack our patriotism, our support for for each Senator who is recognized? a tiny fraction—some 2 percent or The PRESIDING OFFICER. The Sen- our troops, anymore. Because real pa- less—end up in court. It means that 98 ate is debating the motion to proceed triotism and real support for our Na- percent or more of the medical neg- to that measure. An order has been en- tion’s defense should not be judged on ligence that is committed in America whether we ignore our constitutional tered limiting Democratic Senators to does not result in a lawsuit. duty and rubberstamp legislation. Real 10 minutes each. If we want to make certain we have patriotism and support for the defense Mr. DURBIN. Mr. President, I rise fewer cases going to court, let us start of this country has to do with answer- pursuant to that order to speak for 10 at the beginning. Let us make the ing the call. In my view, as a fellow minutes about S. 2061. This bill which practice of medicine safer. This bill veteran, the Senator from Massachu- is pending before the Senate addresses does not even address that issue. setts not only answered the call to a very serious national issue of medical Second, if you are worried about the fight for his country, but also to per- malpractice. Medical malpractice in- cost of medical malpractice premiums, form his duty and judge legislation on surance premiums have increased in isn’t it reasonable to ask whether the its merits. my State of Illinois and across the Na- insurance companies are treating doc- I served in the Army. It doesn’t mean tion. Because of those increases, a lot tors and hospitals fairly? This bill I should approve $1,500 toilet seats or of good doctors have been forced to a doesn’t have a word in it about insur- poorly designed military equipment position where they have to retire or ance companies and their responsibil- that is being procured simply because relocate their practices. I have met ities. Why are we afraid to even ask? of political influence. In fact, I believe with those doctors. I understand the Why wouldn’t we have all the books because I served, I have the duty to the problems and dilemmas they face. I open to find out whether what is hap- men and women who are now in the think we need to address that here in pening to doctors’ medical malpractice military to make sure our military is the Congress. This point is dramatized insurance is a result of some insurance strong and is as free from waste and by the fact that the bill before us is un- practices which should be changed? corruption as possible, and our mili- fortunately not a bill which has been The third element is tort reform. I tary men and women are protected to the product of any effort to find com- used to practice law. I was a trial law- the fullest extent possible during their promise or common ground or bipar- yer. I defended doctors for many years service and, when they are veterans, to tisan answer to this national chal- and hospitals—and I sued them. I have provide for their health care needs and lenge. been on both sides of the table. I under- other services without question. This bill without referral to com- stand those lawsuits, or at least how Our job is to think as Senators and mittee was sent to the floor of the Sen- they were conducted in Illinois 20 years not to bow to everything defense con- ate. It is a bill which, frankly, was in- ago. So I have at least a passing experi- tractors or Pentagon officials want. troduced by Senator GREGG of New ence with this issue. I think in my

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.050 S24PT1 S1494 CONGRESSIONAL RECORD — SENATE February 24, 2004 practice I would never have considered 10 to 15 minutes. This baby is quad- able to express himself, will never be taking a so-called frivolous lawsuit for- riplegic and spastic. He cannot walk, able to feed himself or walk—that the ward. It costs too much money. It talk, or feed himself and will require parents of that baby, if they recover a takes too much time. You wouldn’t full-time care for the rest of his life on verdict in court, have somehow won a want to put your plaintiff client Earth. This baby had no injury to his jackpot. How many of us would want to through it, you wouldn’t want to waste cerebrum, so he has normal cognitive buy a ticket for that jackpot? How your time and money, and you would thought, meaning he thinks like a nor- many of us would sacrifice the health not want to run the risk at the end of mal child but is trapped in a body he of any child, let alone our own chil- the day that you would lose—or worse, cannot use. dren, with the prospect of recovering a be sanctioned by the court for raising a During the trial, a nurse working the verdict? frivolous lawsuit. I think there are night of Andrew’s birth testified that This bill before the Senate has said ways to stop it. A small percentage of the anesthesiologist was with her in a that in cases just like this, no matter lawsuits shouldn’t be filed against doc- private room on the hospital’s fourth how serious, no matter how long that tors. This bill doesn’t deal with frivo- floor and that he ignored three dif- baby lives, no matter what conditions lous lawsuits, and it should. ferent pages to respond to this emer- that baby faces, the rest of its natural The last element it should address in gency C section before going to the life, the sum total and value of the tort reform is one that I think is essen- fifth floor delivery room where Evelyn pain and suffering of that baby and its tial; that is, to make certain, while we was. This baby—quadriplegic and spas- family can never, ever, be worth more try to reduce the likelihood of frivo- tic for the rest of his life with a mind than $250,000. And if that baby, who is lous lawsuits, we don’t close the court- that is functioning—has a body that now 6, lives 20 years, is it worth $10,000, house door for those innocent patients cannot be used. $12,000, $1,000 a month for what that who are the victims of medical neg- This bill, S. 2061, says the jury of the family will go through? I don’t think ligence. That is what this bill does. Senate will decide the cases exactly so. This bill says that instead of a jury in like this—that that baby and that Let me discuss one last case. Terri your hometown deciding what your in- baby’s family can recover no more than Sadowski was pregnant with her sec- jury is worth, instead of your peers in $250,000 for a lifetime of pain and suf- ond child. At 34 weeks, she went into preterm labor and had a rupture of her the community, your neighbors sitting fering. That is not fair. It is not just. It membranes. Medication was not suc- in the jury box considering the evi- is not reasonable. It may reduce med- cessful in stopping her labor so she was dence and the law and deciding what ical practice premiums but at the cost transferred from a community hospital the value of your child’s life is, or your of justice. to a high-risk referral center, to the child’s health, we instead will make Gina Santoro-Cotton was 29 years old care of a perinatologist, a specialist in that decision here on the floor of the and pregnant with her first child. Her high-risk pregnancies. prenatal course was normal. She was Senate. We will say that no matter The perinatologist decided to let admitted to the hospital 1 week after what lawsuit you have filed for medical Terri proceed with labor and deliver malpractice relating to OB/GYN, you her due date to induce labor. The drug normally even though the baby was in cannot recover under any cir- Pitocin was used. Within a few hours of a breech position. The doctor also de- cumstances, regardless of what hap- starting Pitocin, deceleration of the cided to administer Pitocin, a medica- pened to you or the baby, any more baby’s heart rate was noted. The tion to bring on contractions. Within 3 than $250,000—$250,000 for pain, suf- Pitocin was not stopped, which is nor- hours of starting the Pitocin, the fetal fering, and disfigurement. mally done when there are signs that heart rate began to show signs that the Two-hundred and fifty-thousand dol- the baby is in distress. baby was in distress. A normal heart lars may sound to some like a lot of By early afternoon, the fetal monitor rate for a baby in the mother’s womb is money. Let me give you a few specific strips showed signs of oxygen depriva- 120 to 160 beats per minute. This baby’s examples of cases I know of, and you tion to the baby—a clear warning sign. heart rate was dropping in the 70s. By decide whether $250,000 is a lot of The Pitocin was still not stopped. At the time Terri was ready to start push- money. 2:45 p.m., the baby had a prolonged ing, the fetal monitor strips showed A settlement was reached last Friday drop in his heart rate. The Pitocin was significant fetal heart rate decelera- in Chicago—a city I am honored to rep- finally stopped and the baby was resus- tions with a consistent heart rate in resent—in the case of Evelyn citated in its mother’s womb. the 60s and 70s. Despite the over- Arkebauer who gave girth to a quad- Within hours, the Pitocin was re- whelming evidence that the baby was riplegic son, Andrew ‘‘A.J.’’ Arkebauer, started, and decelerations and other in severe distress, a decision to perform on October 4, 1998. Evelyn went into signs of poor oxygenation to the baby a C section was not made for 40 min- labor at 5:30 in the morning with her appeared. Rather than stopping the utes. second child. She had her first child by Pitocin, the dose was increased. An emergency C section was done but Cesarean section, so there was a risk At 7:30 p.m., there were still severe the baby had no movement and was un- for uterine rupture. Early in the after- decelerations on the fetal monitor responsive. She developed seizures noon, the doctor began to administer strips. Pitocin was increased. shortly after birth. She sustained se- Pitocin to speed up labor. At approximately 9:45 p.m., Pitocin vere brain damage due to lack of oxy- At 6:15 p.m.—more than 12 hours was finally stopped and the baby was gen in labor in delivery. Had the later—the doctor cut off the Pitocin delivered. The baby was near death at perinatologist performed a C section, and told Evelyn to start pushing. Eve- the time of delivery. the baby could have been a normal, lyn pushed for more than an hour and Today, that baby is 6 years old and healthy baby. a half and was rolled from her back to permanently disabled. He has severe The baby lived for 1 year in a vegeta- her side as the baby’s heart rate fluc- cognitive dysfunction and is partially tive state. During her short life, she tuated during this labor. paralyzed in all four of his extremities. had multiple hospital admissions for At 7:53 p.m.—more than 12 hours into He has motor problems, and he can’t pneumonia, bowel obstructions, unable labor—the doctor decided an emer- walk. His speech is not understandable. to suck, and she required tube feedings gency C section was necessary and He is fed through a tube in his stomach and constant suctioning to keep her paged the anesthesiologist to come to because he cannot feed himself. He has airways clear. At the time of death, she the delivery room. The anesthesiol- paralysis of the vocal cords. He re- had frequent seizures. ogist failed to return the page and nu- quires care 24 hours a day and exten- Think about this for a moment. merous pages after that. sive therapy. Think about the happiness each of us Finally, an hour after the doctor had There are Senators who come to the has been lucky enough to experience in decided on an emergency C section, the floor and talk about cases just like this life from a family and children. And anesthesiologist showed up and the and call it jackpot justice, arguing, I think about something going wrong in procedure began. The doctor discovered guess, that the parents of that little that delivery room, something that re- that the uterus had already ruptured. baby, who will be functionally im- sults in a baby facing a lifetime—long The baby had been without oxygen for paired for his entire life, will never be or short—in a terrible situation.

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.053 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1495 The parents were not at fault. They is not the way. This bill is a bad start. beloved grandson, who died in a car ac- were not at fault in any of these cases. It is better to come together, off the cident. Michael is the first child of Eventually they went to court and Senate floor, try to find common Senator BYRD’s grandson Fredrik asked for compensation for what they ground and compromises on a bipar- Fatemi, and his wife Jinny. would face for medical bills, what they tisan basis to protect the medical pro- Few people live long enough to see would face for pain and suffering, and a fession, on whom we all rely so much. and hold even one of their great-grand- jury from their community decided We want to give the men and women in children. To be able to welcome five of what it was worth. that profession, who have given their them into the world is a rare blessing, This bill says it really should not be lives to serving us, a chance to practice indeed. a decision of a jury, it should be a deci- medicine without skyrocketing pre- I was deeply touched by Senator sion of the Senate, a one-size-fits-all, miums, but to also say to the families BYRD’s kind words to me and my fam- one solution for every problem, and patients who come to these doctors ily on the births of my grandchildren, $250,000, take it or leave it. That is not and these hospitals, we will not aban- Henry and Ava. right. don you in the process. I am sure I speak for the entire Sen- I say to my friends in the medical There is reason to believe we can find ate family—and people throughout profession, I know you are not perfect, this common ground. This bill is a bad America—in wishing Senator BYRD and you are humans; you do make mis- start. It is likely to be defeated today. his wife Erma many happy hours with takes. Quite honestly, those who have Once defeated, I hope Senators who be- Hannah, Michael, and all of their fam- dealt with doctors and have great re- lieve, as I do, that we should address ily members. spect for them know that the over- this issue will come together to try to I yield the floor and suggest the ab- whelming majority of doctors are good find that common ground. sence of a quorum. men and women, well trained, dedi- I yield the floor and suggest the ab- The PRESIDING OFFICER. The cated to their profession, who make sence of a quorum. clerk will call the roll. sacrifices every single day way beyond The PRESIDING OFFICER. The The legislative clerk proceeded to those called on by Members of the Sen- clerk will call the roll. call the roll. ate. The legislative clerk proceeded to Mr. BOND. Mr. President, I ask unan- Having said that, doctors I have spo- call the roll. imous consent that the order for the ken to understand that even giving it Mr. DURBIN. I ask unanimous con- quorum call be rescinded. their best, occasionally they make a sent that the order for the quorum call The PRESIDING OFFICER. Without mistake in judgment—they do not be rescinded. objection, it is so ordered. know enough, they did not do the right The PRESIDING OFFICER. Without Mr. BOND. Mr. President, going to thing—and terrible things occur. And objection, it is so ordered. the doctor for a checkup is hard most of them, under those cir- Mr. DURBIN. Mr. President, I ask enough these days between juggling cumstances, say yes, in those cases, unanimous consent that when the Sen- family and work schedules. Few of us people who are the victims of that kind ate goes into a quorum call, the time get all the checkups and screenings we of a circumstance should be com- for the quorum call be equally divided need. Making matters worse, more and pensated. I certainly believe that. It is between both sides. more doctors are closing their prac- not fair to establish an artificial limit The PRESIDING OFFICER. Without tices or limiting the services they and say that no matter what happens objection, it is so ordered. offer. to that baby or that mother, there will Mr. DURBIN. I suggest the absence of They are doing so because they can- never be another nickel beyond a quorum. not afford the increasing costs of med- $250,000; a lifetime of pain and suffering The PRESIDING OFFICER. The ical malpractice insurance which they limited to $250,000 in recovery. clerk will call the roll. are required to carry. To my friends in the medical profes- The legislative clerk proceeded to According to the American Medical sion who have a genuine concern, as call the roll. Association, 19 States are in a full- they should, about the increase in med- Mr. DASCHLE. Mr. President, I ask blown medical liability crisis, includ- ical malpractice premium rates, let me unanimous consent that the order for ing the home State of the occupant of say you are not going to get any favor the quorum call be rescinded. the chair and mine. with this bill. This bill is being offered The PRESIDING OFFICER. Without In Missouri, physicians’ average pre- for reasons I cannot explain. It is being objection, it is so ordered. mium increases for 2002 was 61 percent offered in the name of OB/GYNs across THE BIRTH OF SENATOR BYRD’S FOURTH AND on top of increases the previous year of America who certainly do need help FIFTH GREAT-GRANDCHILDREN 22 percent. What happens? Well, 31 per- and need it now. But it is a bill that Mr. DASCHLE. Mr. President, later cent of the physicians surveyed by the also includes immunity and relief from this afternoon, many of us will have an Missouri State Medical Association liability for pharmaceutical companies opportunity to see one another after said they were thinking about leaving and medical device companies. I am the recess. I will make a prediction their practice altogether. sorry, but I have not heard anyone that we will notice a special twinkle in Almost one in three physicians in with a hue and cry about a crisis when Senator BYRD’s eye as we visit with Missouri considered leaving their prac- it comes to these companies dealing him this afternoon. There is good rea- tice because they cannot afford the ex- with medical malpractice claims. But, son. Actually, there are two very good orbitant medical malpractice insur- naturally, they are included here be- reasons. ance cost caused by the lawsuits cause most bills that come through In the last month, Senator BYRD be- brought—some frivolously, and many have to have a provision to help drug came a great-grandfather for the of them, I assume, against doctors. companies. They are the poster kids fourth and fifth times. Hannah Byrd Doctors who have practiced for years when it comes to this Congress. We are Clarkson was born 4 weeks ago today, in Missouri are closing their doors. always going to find ways to help on January 27, weighing 10 pounds 3 But this is not just a problem for them. ounces. doctors. They are well educated. They For once, why don’t we try to help Hannah is the second child of another can move elsewhere and resume their the families who are the victims? And member of our Senate family, Mary practice, as difficult and unfair as that why don’t we try to help the good doc- Anne Clarkson, of the Bill Clerk’s Of- is. The real damage and pain is being tors who need a helping hand? fice, and her husband James Clarkson. felt by the patients. I will make this statement in closing She joins her older sister Emma. Last summer we considered a com- before I yield the floor: I want to work Hannah’s cousin, Michael Yew prehensive bill, S. 11, the Patients with those Members of the Senate on Fatemi, was born on February 11. Mi- First Act. Unfortunately, the motion both sides of the aisle who in good chael is Senator BYRD’s fifth great- to proceed was not successful. Because faith want to address this issue. We can grandchild, and his first great-grand- this issue is so critical to the health do things to deal with this. We must do son. He is named in honor of his uncle care of all Americans and because the them. We should do them now. This bill John Michael Moore, Senator BYRD’s crisis continues to grow, inaction

VerDate jul 14 2003 02:30 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.056 S24PT1 S1496 CONGRESSIONAL RECORD — SENATE February 24, 2004 should not be an option because the the insurance companies are making These are just a few of the many outcome of considering the same com- too much money. It is not the lawyers. vital reforms contained in this bill. prehensive reform bill again is clear. That is strange when the insurance I urge my colleagues to protect ac- Today we have narrowed our focus on companies can’t even stay in business. cess to quality health care for women the health care needs of women and ba- They can’t stay in business because of and babies and support the Healthy Ba- bies. the lawyers. bies, Healthy Mothers Access to Care The American College of Obstetri- As a result at the end of 2002 they Act. cians and Gynecologists last year said: closed their doors to their Missouri pa- We cannot afford to have OB/GYNs to An ailing civil justice system is severely tients. There were over 6,600 visits a continue closing their practices, reduc- jeopardizing patient care for women and year in their Missouri office. Now, ing the number of babies they deliver their newborns. Across the country, liability these women must either travel to or eliminating care for high-risk pa- insurance for OB/GYNs has become prohibi- Kansas to see their OB/GYN or find a tients, the uninsured, and the under- tively expensive. Premiums have tripled and new doctor elsewhere in Missouri. insured because of excessive frivolous quadrupled practically overnight. In some Two Kansas City, inner city OB/GYNs lawsuits brought by plaintiff attor- areas, OB/GYNs can no longer obtain liabil- who serve low-income, high-risk pa- neys. ity insurance at all, as insurance companies tients had to sell their practices to Ms. MIKULSKI. Mr. President, I op- fold or abruptly stop ensuring doctors. When their hospital in order to continue to pose S. 2061, the Healthy Mothers and OB/GYNs cannot find or afford liability in- Healthy Babies Access to Care Act. It surance, they are forced to stop delivering see patients in Missouri. Excessive liti- babies, curtail surgical services or close gation has created an environment should be called the ‘‘Insurance Compa- their doors. The shortage of care affects hos- that forced two doctors—committed to nies First Act.’’ This is extreme legis- pitals, public health clinics, and medical fa- serving some of the most vulnerable lation that puts the interests of the in- cilities in rural areas, inner cities and com- women in Kansas City—out of business. surance industry ahead of the interests munities across the country. They are no longer in independent of women, their families and their doc- It is a real problem in Missouri. A practice. tors. It applies only to women seeking survey conducted by the American Col- One OB/GYN practice in Missouri had obstetrics and gynecological services— lege of Obstetricians and Gynecologists to take a $1.5 million loan to pay the that’s it. Every other patient can re- in August of 2002 said 55 percent of malpractice insurance for this year. cover full damages. But under this bill their members from Missouri have That does not even include the cost of only women will be limited in what been forced to change their practice, the tail coverage. they can recover for a doctor’s medical retire, relocate, decrease surgery, stop Other doctors in Missouri are consid- error. This bill penalizes patients, practicing obstetrics, decrease the ering going without insurance for their while doing nothing to prevent doctors number of deliveries, and decrease the tail coverage because they simply can’t from being gouged by insurance compa- number of high-risk obstetric care. afford the premiums. nies. Last year, Missouri lost a total of 33 Women are having a hard time get- This bill is legislative malpractice. obstetricians. I want to share with you ting the care they need and commu- First of all, the procedure for consid- a few examples. nities are losing their trusted doctors. ering this bill is seriously flawed. The A St. Joseph, MO, practice, the only We have a health care system that is in bill was brought to the full Senate practice in Northeast Missouri to ac- crisis in Missouri. without hearings, without consider- The bill before us today, the Healthy cept Medicaid, lost one-third of its doc- ation by the Judiciary Committee. Mothers and Healthy Babies Access to There was no chance for patients, doc- tors after the insurance company Care Act is narrowly crafted to protect tors or others affected by this bill to would no longer offer insurance to OB/ access to prenatal, delivery, and post- testify. There was no Committee Re- GYNs. St. Joseph now has only seven natal care for women and babies by re- port to analyze the effects of the ex- OB/GYNs serving its population. ducing the excessive burden the liabil- tremely complex and controversial leg- A Missouri doctor who has been in ity system places on the delivery of islation. private practice for 3 years experienced OB/GYN services. The result is a bill that targets some a 400 percent increase in his liability This bill will protect the right of an of the most serious cases of medical premiums over the past 3 years and re- injured patient to recover fair com- error, restricts the rights of women ceived a quote for $108,000 in 2004. This pensation while at the same time pre- and infants, while doing too little to OB/GYN is considering quitting obstet- vent clear lawsuit abuse. protect doctors from the high cost of rics in order to find affordable insur- The bill protects the right of injured insurance. It is the same broad brush ance. patients to receive full economic dam- legislation that we defeated in July, A gynecological oncologist in Mis- ages that cover the out-of-pocket ex- only this time they limit it to obstet- souri left a group practice and elimi- penses that a victim might incur due rical and gynecological services and by nated a rural outreach clinic because of to a doctor’s negligence, such as hos- design only restrict the rights of rising professional medical liability pital costs, doctor bills, long-term women patients. Proponents of the bill premiums. ‘‘Women with gynecologic care, other medical expenses, and lost say they wanted to streamline the bill, cancers in Ste. Genevieve, Carbondale, wages. This bill also includes a $250,000 to address the area of medicine with and Chester now have to drive over 100 cap on noneconomic damages, with def- one of the highest premium rates and miles to see a gynecologic oncologist erence to existing and future State they claim that the beneficiaries will and receive the care they deserve,’’ caps. be women who will have improved ac- said the doctor. This bill maximizes the amount of cess to health care. But since when has An OB/GYN in St. Ann, MO, was awards received by injured patients by limiting one’s rights improved any- forced to close his practice last year limiting attorney’s contingency fee to thing? And how does restricting a because of medical liability costs that a reasonable, sliding scale. woman’s right to full recovery and rose 100 percent. The practice had de- Too often large percentages of an in- only her rights provide her a benefit? livered about 400 babies a year. jured patient’s award go to attorneys, The real beneficiaries of this bill are Twelve doctors at the Kansas City leaving the patient with less money for the insurance companies. They get to Women’s Clinic used to serve women in their medical care and other needs. In- see their profits soar while mothers both Missouri and Kansas. But, because jured patients are entitled to an over- who take care of infants who suffer be- of rising medical liability insurance whelming amount of their award after cause of medical error will face unfair rates, the clinic could not find a single settling or winning a lawsuit. caps in the remedies they receive. company that would offer them a med- Currently, lawyers in many States These are often stay at home mothers ical malpractice insurance policy they can take up to 40 percent of all awards who need resources to care for their need for their office in Missouri. and settlements, robbing the injured families and their infants who may I should say parenthetically, I have patients of their award. We think by need constant care, but the cap on non- been approached by some lawyers who protecting injured patients by limiting economic damages will prevent them practice medical malpractice plaintiff lawyers to 15 percent of any payment from getting those resources. It’s un- cases, and they said: The problem is over $600,000 makes good sense. fair to penalize these women because

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.060 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1497 they can’t recover economic damages. I the root of the problem, creating great- more available or affordable. And no- think the Senate can do better. er accountability for doctors through a where does it provide access to health I oppose this legislation for three voluntary error reporting database, care for women who are uninsured. reasons: economic help for those who face grow- What it does do is greatly limit the As a Senator from Maryland, I can- ing premiums, punishment for frivo- ability of women and children with the not support legislation that gives lous lawsuits, grants to provide physi- most devastating injuries to hold the Marylanders a worse deal. This legisla- cians in areas where malpractice insur- wrongdoer accountable. tion would override the Maryland law ance has led to a shortage of doctors, It is another example of what I call and place a $250,000 cap on non-eco- and critically, an end to the immunity the ‘‘maleogarchy’’ that prevails nomic damages. Maryland law strikes that insurance companies face from around here placing a higher value on a an important balance, providing a anti-trust regulations. man’s worth than a woman’s. The bill much higher cap on non-economic Yet instead of helping patients and cynically devalues the worth of preg- damages. The cap increases each year doctors, the Senate is again caught up nant women injured by medical neg- to offset inflation. It started at $500,000 in a political game. It doesn’t have to ligence. Men’s injuries are given full and is now $635,000. It also has no caps be this way. We have worked together value. For example, if a woman is inap- on punitive damages. The Maryland in the past to pass legislation that propriately prescribed blood pressure law is supported by both physicians helps victims and lowers insurance medication during pregnancy that and patient advocates. costs. The terrorism insurance legisla- causes blood clots, her recovery is lim- Yet the Republican bill would pre- tion is a prime example. We passed it ited under the bill’s provisions. If a empt Maryland law. It would put because there was a national will and man is prescribed the same defective women and infants in Maryland at a the urgency to do something that pro- blood pressure medication by his inter- disadvantage. It would severely limit vided real solutions. nist, he may recover against the drug their ability to get relief for the death, Today, we are faced with the same manufacturer in accordance with avail- physical impairment or disfigurement national will. And I urge my colleagues able State law remedies. that they suffer as a result of serious to work toward a sensible compromise. The legislation unfairly reduces the medical error. One that does not unfairly target amount of time that an injured woman This legislation shuts the court women and their infants. One that ad- has to file a lawsuit. Under the bill, a house door. It denies justice to women dresses all forms of medical error, not suit would have to be filed no later and women only. It denies justice to just those affecting women and puts than 1 year from the date the injury those who must care for a mentally the rights of all patients first. The pub- was discovered or should have been dis- disabled child for his or her whole life lic is demanding that we do something, covered, but not later than 3 years because of a doctor’s mistake during as more Americans are suffering from after the ‘‘manifestation’’ of injury. prenatal or post-natal care. It denies serious medical mistakes and more Thus, a pregnant woman who con- justice to women who needlessly lost a doctors are unable to treat patients be- tracted HIV through a transfusion but child during delivery because of a seri- cause of rising premiums. We now need only learned of the disease 4 years after ous medical error. It does this by im- the political will to help doctors with- the transfusion would be barred from posing arbitrary caps instead of ena- out harming patients. filing a claim. In addition, the bill lim- bling juries to determine damages. I I urge my colleagues to vote no on its the rights of injured newborns by have faith in juries made up of mem- cloture. We need to send this bill back requiring that actions on their behalf bers of the community to reach a fair to the Judiciary Committee for full be brought within three years from the verdict. consideration of the issue of medical li- date of the manifestation of injury. Who would be hurt by this legisla- ability as well as the impact of lim- This is in direct contradiction to the tion? iting women’s rights to recovery on laws of many States, which preserve Someone like the mother from Balti- their health and well-being and that of the rights of minors to seek legal re- more whose newborn baby suffered their new born infants. brain damage because an emergency c- Mr. LAUTENBERG. Mr. President, I dress upon the age of majority. section was not performed in time. His rise to talk about the bill that is the The bill limits non-economic dam- mother had gone to the hospital re- subject of today’s cloture vote on the ages to $250,000 in the aggregate, re- porting that there was decreased fetal motion to proceed. gardless of the number of parties movement. She knew something was We must not be fooled by the seem- against whom an action is brought. wrong. Tests were performed. Yet the ingly friendly title of this bill. The Noneconomic damages compensate pa- doctor misdiagnosed the problem. After Healthy Mothers and Healthy Babies tients for very real injuries such as the several days, an emergency c-section Access to Care Act of 2003 does nothing loss of fertility, excruciating pain, and was performed. It was too late. The to promote the health of mothers or permanent and severe disfigurement. baby suffered severe brain damage. He babies. This bill will devastate the They also compensate for the loss of a died 13 months later. rights of parents and children, but it child or a spouse. These are very real It is impossible to put a price on the will help neither patients nor doctors. damages, and juries are able to cal- loss of a child. Imagine if that death is The real beneficiaries will be insurance culate them fairly. How do you cal- the result of carelessness. Parents who companies, HMOs and large medical culate the economic damages to in- suffer the unbearable pain of losing a corporations. Sponsors of this bill in- fants who sustain life-long injuries dur- child deserve the right to use the sult us by calling it a Healthy Mothers ing childbirth or stay-at-home mothers courts to seek full accountability. and Healthy Babies Act. How can who lose their fertility due to a defec- Instead of penalizing patients, we shielding from accountability an entire tive drug taken during the course of need legislation to help doctors who medical specialty area result in pregnancy? Their injuries may be al- are facing skyrocketing insurance healthy babies? Less accountability most completely non-economic and costs. A doctor’s number one priority will never lead to better health care. this bill would have a devastating im- is the care of his or her patients. We This bill discriminates against pact. should make sure that it is easy for women and infants by restricting their This bill is an appallingly cynical at- them to do so, knocking down the right to hold physicians, hospitals, in- tack on the rights of mothers and their roadblocks to practice that excessive surance companies, HMOs, and even babies. In many ways, it is even more insurance premiums create. S. 2061 drug and medical device manufacturers insidious than the bill that failed in won’t do that. It won’t provide doctors fully accountable for injuries resulting the Senate last July. It is almost as if with real relief today. from the provision of obstetrical and the proponents of that bill, having That’s why the Senate should con- gynecological care. Although pro- failed to eliminate the rights of all pa- sider alternatives such as that pro- ponents of the legislation say the bill tients injured by negligence, decided posed by Senator DURBIN, which fo- is necessary to increase access to wom- they would simply target the rights of cuses on solving the problems where en’s health care, nowhere does the bill the most vulnerable: pregnant mothers they start. Senator DURBIN addresses make liability insurance for doctors and their babies.

VerDate jul 14 2003 02:30 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.062 S24PT1 S1498 CONGRESSIONAL RECORD — SENATE February 24, 2004 Mrs. MURRAY. Mr. President, today fort as well. I wish this bill’s sponsors bin bill, every plaintiff attorney that the Senate is voting on a political gim- had showed the same concern when I files a medical malpractice case would mick that will punish women and chil- was fighting to improve drug labeling be required to include an affidavit by a dren and do nothing to address the real for pregnant women, but instead, they qualified health care professional medical malpractice crisis that is crip- killed that proposal as well. They verifying that malpractice has oc- pling healthcare throughout our State. weren’t on the side of women during all curred. No more launching lawsuits Doctors are facing escalating costs those fights, but here they are today, that don’t have merit. And anyone who that are unsustainable, but instead of using the real shortage of OB/GYNs and violates this affidavit is going to be addressing this problem with a com- the real malpractice crisis as an excuse punished with strict, and increasingly mon-sense and immediate fix, the ma- for punishing women and babies with- harsh, civil penalties. We are not going jority is engaging in a blame game. We out giving doctors or patients the help to tolerate frivolous lawsuits, and don’t have time for the blame game. they desperately need. that’s the second part of the Graham- Instead, we should be debating the bi- If the sponsors of this bill are now se- Durbin bill. partisan bill I support to provide im- rious about helping ensure healthy Third, we need to provide additional women and babies, I say ‘‘Come on mediate relief to doctors, stop frivo- protections for doctors who are doing over!’’ I’ve got a long list of legislation lous lawsuits, and fix the broken insur- the right thing and serving patients that they can sign onto today to really ance market. through Medicare, Medicaid and S– help women—like extending Family But this bill doesn’t just fail to ad- CHIP. Doctors with a 25 percent case- and Medical Leave, boosting the fed- dress the real crisis in malpractice in- load of Medicare, Medicaid, and State eral Medicaid match for OB/GYNs, and surance; it actually undermines the Children’s Health Insurance Program, expanding Medicaid and the Children’s rights of women and children in the SCHIP, patients would be protected Health Insurance Program, CHIP, for name of helping them. from punitive damages under the low-income pregnant women. The sin- As a woman, a mother, and a Senator Graham-Durbin bill. Exemptions would gle most important step to ensure a who has fought for the safety and wel- only be allowed for cases involving sex- fare of mothers and infants, I am dis- healthy pregnancy and a healthy baby is prenatal care. Fully-funding and ex- ual abuse, assault and battery, and fal- turbed that the U.S. Senate would sin- sification of records. Other than that gle out women and babies for different panding CHIP would provide this care to low-income women who would other- there will be no punitive damages for treatment than everyone else in Amer- doctors who are doing the right thing ica if they are injured through no fault wise go without. The saddest part of this exercise is and serving Medicare, Medicaid and of their own. This bill tells women that that we should be spending this time SCHIP patients. if we are injured, we don’t deserve the discussing a real solution, like the bi- Finally, the Graham-Durbin bill says same legal protections as men. partisan bill I am cosponsoring with the Federal Government should under- The sponsors of this bill have spoken Senators GRAHAM and DURBIN, the Bet- write some of the risk in malpractice about the health and well-being of ter HEALTH Act, S. 1374. If the Senate insurance—just as we have with ter- women and babies in hypothetical leadership really wants to help doctors rorism and flood insurance. Doctors terms. But I have to tell you, the inju- and patients, they will bring up the and hospitals should not have to shoul- ries and crimes that continue to plague widely-supported Graham-Durbin bill der the burden of a broken insurance female patients are all too real. for a vote and stop playing games at market. Currently, in my State of Wash- the expense of women and babies. If the Senate leadership is serious ington, we are following a high-profile Every day they deny a vote on this bi- about helping doctors and patients, it case in which an OB/GYN has been ac- partisan bill speaks volumes about will bring up the bipartisan Graham- cused of raping or molesting dozens of their interest in a real solution. Durbin bill. It provides immediate and female patients under his care. This The Graham-Durbin bill would give direct financial relief to doctors and doctor is also accused of providing sub- doctors an immediate 20 percent tax re- hospitals. It cuts down on frivolous standard care, ranging from performing bate on their malpractice premiums, lawsuits. It limits liability for doctors unnecessary medical procedures to fail- provide federal help for a broken insur- with high Medicaid caseloads, and it ing to prescribe prenatal vitamins to a ance market, and block frivolous law- provides Federal help for a broken in- pregnant patient with low iron levels. suits. That’s the type of comprehen- In one case, this doctor even per- surance system. sive, immediate and effective solution As I have done for the past 10 years, formed a surgery despite the fact that our doctors, patients and communities his office was not licensed for surgery I will continue to advocate for the poli- deserve. cies that truly help women and infants and did not have a supply of blood My action plan to fix the malpractice available in case of complications. and I will continue to stand up for my crisis has four steps. The first thing we doctors, patients and communities who I ask my colleagues to consider this have to do is get doctors and hospitals case. If your wife or daughter or sister deserve an immediate, comprehensive some immediate relief—because the solution to the malpractice insurance had been hurt, molested or worse by clock is ticking. Even if proposals to this doctor, would a $250,000 cap seem crisis. I welcome the support of any cap non-economic and punitive dam- Senator who wishes to sign onto the like a reasonable solution? ages were passed this year, it is impos- legislation I have outlined today. These cases are not hypothetical. sible to predict when—if ever—doctors They are not frivolous. And this bill and hospitals would see relief. That is Mr. ALEXANDER. Mr. President, I will not protect the health or increase not good enough for me, and it is not express my concern once again with the wellbeing of any of these patients. good enough for the doctors in my the rising cost of medical liability in- I find some sad irony in being told by community. I want doctors and hos- surance. Last July we debated this this bill’s sponsors that if I want to pitals to get immediate relief. issue in the Senate, and unfortunately help women and babies, I should strip Under the Graham-Durbin bill, doc- did not reach cloture on this important away their rights. I take a backseat to tors in high-risk specialties would be issue. Today we are limiting our debate no one when it comes to standing up eligible for a tax credit that’s 20 per- on the issue to care for mothers and for women and children. cent of their malpractice premium. babies. We must protect a woman’s ac- I wish that the people who are push- Doctors in lower-risk specialties would cess to obstetric and gynecological ing this bill today had shown the same get a 10 percent tax-credit. For-profit care to ensure healthy mothers and ba- interest when I was fighting to ensure hospitals would get a 15 percent tax bies. The increasing cost of medical li- women could get direct access to an credit, and non-profit hospitals would ability insurance is creating a patient OB/GYN during the Patients Bill of get new grants. Immediate financial access crisis because doctors are leav- Rights debate, but instead, they killed relief directly to doctors and hospitals ing the practice of medicine. that effort. I wish they had shown the must be part of any solution to the At Hardin County General Hospital same interest in 1999 when I offered an malpractice crisis. in Savannah, TN, the OB/GYN left the amendment to end drive-through Second, we have to cut down on friv- hospital to go practice in another state mastectomies, but they killed that ef- olous lawsuits. Under the Graham-Dur- because the insurance premium was

VerDate jul 14 2003 02:30 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.087 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1499 too high. High medical liability insur- Americans’ access to quality medical scribe radical surgery based on anec- ance is one more reason it is difficult care by causing doctors to leave cer- dotes or conflicting data.’’ to recruit specialists to rural areas. tain communities or cease offering In the process of educating myself In 2002, the average net medical li- critical services, such as obstetrical about this issue over the past year, in- ability premium for an OB/GYN in Ten- care. For this reason, I will vote for cluding meeting with hundreds of nessee was $33,600. In 2003, the premium cloture on S. 2061 in an effort to move Washington State physicians and hos- increased to $41,980, and in 2004, it in- the debate forward. pital administrators, touring 29 rural creased again to $49,408. This is a 47 Mr. FEINGOLD. Mr. President, once hospitals, and reviewing the claims his- percent increase over the past 3 years. again we are faced with an ill-advised tory of Physicians Insurance, Wash- This sort of increased cost is not sus- medical malpractice bill coming to the ington State’s leading provider of mal- tainable. I continue to be worried Senate floor without any committee practice insurance, I have asked many about who will deliver babies in my consideration. Some argue that we of these individuals what they believed state. have a malpractice insurance ‘‘crisis’’ the cap on damages should be. The fact I believe that S. 2061, the Healthy that is driving doctors from the prac- that I have received answers ranging Mothers and Healthy Babies Access to tice of medicine, particularly in the from zero to $5 million illustrates the Care Act of 2004, will help protect ac- field of obstetrics and gynecology, or difficulty in determining what a dam- cess to care for mothers and babies in OB/GYN. But we have not yet explored age limit should be without reference Tennessee. This bill will still allow un- that issue in the Senate at all. No com- to specific facts. I believe that juries limited economic damages, but it mittee has held hearings or marked up made up of Washington State residents places a sensible cap on non-economic a bill on this topic. Instead, an extreme are better positioned to make a deter- damages. I hope we reach cloture on proposal has been brought directly to mination of appropriate compensation the motion to proceed so that we can the floor and Senators are expected to after hearing the facts of an individual consider this very important legisla- vote for it because there is a crisis. case, than are Senators trying to find a one-size-fits-all solution. Washington tion. That is not how the legislative process Mr. BYRD. Mr. President, I am con- should work on an issue of importance State has the third best tort system in the country according to the Chamber cerned about the increasing costs of to so many people. of Commerce. Our State has long malpractice insurance and a lack of ac- I would like very much for Congress banned punitive damages, and as a re- cess to medical providers in West Vir- to address the problem of malpractice sult, capping noneconomic damages, ginia and other States. The current insurance premiums once we under- stand the seriousness of the problem without the knowledge of the jury, challenges facing the medical mal- could lead to very unfair results for and the effectiveness of the proposed practice system are complex and re- Washington State residents. quire a multifaceted solution. solutions. But by bringing this bill di- Imposing a $250,000 cap on non- Unfortunately, this issue has become rectly to the floor, the majority shows economic damages is radical. The highly politicized with powerful inter- that it is not serious about addressing $250,000 cap is based on a California law ests pitted against each other. Patients the problem. It just wants to play a po- that was enacted in 1975 and has never and their doctors are being squeezed in litical card. To the extent that there been adjusted for inflation. While I the middle. It is long past time to give really is a malpractice insurance prob- wish that it were not true, Washington some peace of mind to patients and lem, what is going on here is a cynical residents are sometimes harmed by doctors alike who are caught in this exercise, designed only to fail and to negligent care in the course of obstet- political tug of war. We ought to have provide fodder for political attacks. I rics cases, and they suffer genuine a wide-ranging debate in the Senate on will vote ‘‘no’’ on cloture. damages. Despite efforts to create an how to best reform the medical liabil- Ms. CANTWELL. Mr. President, I exception for the most serious and ity and insurance system and also pre- will not be voting for S. 2061, a bill that egregious cases, there is no exception vent medical errors. imposes very low damage caps on non- in the bill before the Senate for even I am disappointed that the adminis- economic damages in cases involving the worst cases. Noneconomic damages tration and the Senate leadership have obstetrical services. I cannot support compensate patients for real injuries adopted a take-it-or-leave-it and one- the bill before us today because I do including the loss of fertility, loss of a size-fits-all approach to this issue. not believe it would be effective in re- child, or loss of a spouse, as well as for Especially in more rural areas of this ducing the very serious problem that excruciating pain and permanent and country, there is a serious shortage of we have with rising medical mal- severe disfigurement. Caps on non- doctors and a lack of access to quality practice premiums for doctors and hos- economic damages disproportionately medical care close to home. Too often, pitals in my State of Washington. affect women and children because families must travel long distances to The fundamental premise of the bill they lack the work history to make see a physician, and even farther if spe- is that by placing a very low cap on the economic damages very meaningful. cialized care is required. I hope that, amount persons injured in obstetrics That is not to say that we do not by proceeding to the medical mal- cases could receive for noneconomic have a very serious problem in our practice bill, the Senate can have a damages, insurers would respond by re- State. Individual physicians have expe- constructive debate and reach a com- ducing premiums for physicians and rienced premium increases of up to 75 monsense concensus on this important hospitals. However, multiple studies percent and hospitals have suffered issue. have now shown that premiums for even greater increases. Increases have Mr. CHAFEE. Mr. President, today I physicians in States that have already hit specialists, including obstetricians, will vote in favor of invoking cloture imposed limits on damages continue to particularly hard. This adds to pres- on the motion to proceed to S. 2061, the increase. According to the Medical Li- sure already being felt by physicians Healthy Mothers and Healthy Babies ability Monitor, overall, premiums are and hospitals in our State as a result of Access to Care Act. My vote is not an 6.8 percent higher for OB/GYNs in our abysmal Medicare reimbursement endorsement of S. 2061 as it was intro- States with caps than States without rate. Washington currently ranks 41st duced in the Senate. In fact, I have caps, and premium increases last year in the Nation and receives only $4,303 concerns about various aspects of the were slightly higher in States with per beneficiary. Physician practices bill including the $250,000 cap on non- caps on damages, than in States with- are small businesses, and many of our economic damages and I anticipate out them. That is why the Seattle hospitals are nonprofit entities. They supporting amendments to S. 2061 if Times, the Seattle Post Intelligencer, cannot be expected to absorb these the Senate has an opportunity to fully The Tacoma News Tribune, The Ever- huge increases without help. debate this legislation. ett Herald and the Bellingham Herald That is why I support many measures However, I do believe that reform of have all come out in opposition to that would actually help deal with the the medical liability system should be $250,000 caps in the last 2 weeks. As the problem of rising insurance costs. I be- considered as part of a comprehensive editorial board of the Spokane Spokes- lieve that we should be exploring the response to surging medical mal- man wrote last June 4 about proposals creation of best practices for physi- practice premiums that endanger to cap damages, ‘‘No doctor would pre- cians, which, if followed, would protect

VerDate jul 14 2003 01:15 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.088 S24PT1 S1500 CONGRESSIONAL RECORD — SENATE February 24, 2004 physicians from law suits. I also be- Another doctor from Athens, TN, American Academy of Dermatology Associa- lieve that specialized malpractice writes: tion American Association of Orthopaedic Sur- courts could be a useful tool in curbing As an obstetrician in East Tennessee geons abuses of the system. whose liability insurance premiums in- American College of Cardiology creased 23 percent in the year 2003, it is be- I also support legislation introduced American College of Surgeons coming progressively difficult and risky for by Senators LINDSEY GRAHAM and DICK American College of Radiology me to continue to deliver babies. Many of my DURBIN. Unlike S. 2061, which relies on American Gastroenterological Association colleagues have either retired or quit doing damage caps to reduce future pre- American Society of Cataract and Refractive obstetrics. This is going to severely limit Surgery miums, the Graham-Durbin bill pro- what is already excellent care in this coun- American Urological Association vides tax credits to physicians and hos- try for the obstetrical patients especially in Congress of Neurological Surgeons pitals to help offset the increases in this part of the State. malpractice insurance. It would also National Association of Spine Specialists As these real life stories show, this Society of Thoracic Surgeons create a medical mistake database, re- health care crisis is real, spreading and American Academy of Family Physicians peal the current law that prevents Fed- uniquely affects OB/GYNs. The current American Society of Anesthesiologists eral regulators from examining wheth- medical liability system is costly, inef- er the insurance industry is engaging I thank the Chair, and I suggest the ficient and hurts all Americans. In ad- absence of a quorum. in anticompetitive behavior and price dition to damaging access to medical manipulation to artificially inflate The PRESIDING OFFICER. Without services, the current medical litigation objection, the clerk will call the roll. premiums, and impose stricter stand- system creates problems throughout The assistant bill clerk (Ms. Stacy ards to demonstrate that a malpractice the entire health care system: Sullivan) proceeded to call the roll. case has merit before it proceeds. It indirectly costs the country bil- I am committed to finding solutions lions of dollars every year in defensive Mr. SPECTER. Mr. President, I ask to these problems to ensure that Wash- medicine. The fear of lawsuits forces unanimous consent that the order for ingtonians continue to have access to doctors to practice defensive medicine the quorum call be rescinded. quality affordable care throughout by ordering extra tests and procedures. The PRESIDING OFFICER (Mr. every city and county in our State. Though the numbers are hard to cal- BOND). Without objection, it is so or- The bill on the floor unfortunately is culate, well researched reports predict dered. not part of that solution. Hopefully, savings from reform at tens of billions Mr. SPECTER. Mr. President, I sup- the debate doesn’t stop today and these of dollars per year. port legislation which would address other alternatives will be considered. It directly costs the tax payers bil- the serious problems faced today by Mr. FRIST. Mr. President, today we lions. The CBO has estimated that rea- doctors, hospitals and other medical will be voting on a cloture motion to sonable broad reform will save the Fed- professionals who provide obstetrical allow the Senate to proceed to debate eral Government $14.9 billion over 10 and gynecological services and at the S. 2061, the Healthy Mothers and years through savings in Medicare and same time provide balance to treat Healthy Babies Access to Care Act. I Medicaid. fairly people who are injured in the strongly urge my colleagues to vote for It impedes efforts to improve patient course of medical treatment. the cloture motion on the motion to safety. The threat of excessive litiga- While most of the attention has been proceed. tion discourages doctors from dis- directed to OB/GYN malpractice ver- We have had a good discussion over cussing medical errors in ways that dicts, the issues are much broader, in- the last few days, and it is clear that could dramatically improve health volving medical errors, insurance com- our medical litigation system is failing care and save hundreds or thousands of pany investments and administrative the American people. It is failing our lives. I am a strong supporter of pa- practices. communities, our hospitals, our doc- tient safety legislation which I hope we I support caps on noneconomic dam- tors, our families and, most impor- will pass this year. But in addition to ages so long as they do not apply to tantly, our patients. OB/GYNs and the patient safety legislation, we need to situations such as the paperwork mix- women and babies they serve have been address the underlying problem—our li- up leading to the double mastectomy of uniquely affected. Reform of this bro- ability system. a woman or the death of a 17-year-old ken system is desperately needed, and We must reform this broken liability woman on a North Carolina transplant we must act. system. That is why I strongly support case where there was a faulty blood The upcoming vote will allow us to the Health Mothers and Healthy Babies type match or comparable cases in the fully debate this critical issue. If ac- Access to Care Act. I thank my col- OB/GYN services area. tion is delayed, we know what will hap- league, Senator GREGG, who skillfully pen: patients will suffer, women will An appropriate standard for cases not led this debate, and I thank Senator suffer, and babies will suffer. OB/GYNs covered could be analogous provisions ENSIGN, a leading proponent of reform, will continue to flee their practices in Pennsylvania law which limit ac- who has seen the current crisis close up and drop obstetrical services, and more tions against governmental entities or in his own State of Nevada. States will be added to the AMA crisis in the limited tort context which ex- This legislation will protect women’s list, a list that already has 19 States. clude death, serious impairment of access to care and ensure that those I have received letters from doctors bodily function, and permanent dis- who are negligently injured are fairly all over America, including from my figurement or dismemberment. compensated. Again, I encourage my home State of Tennessee, dem- Beyond the issue of caps, I believe colleagues to move this legislation for- onstrating the devastating effect of the there could be savings on the cost of ward. We cannot afford further delay. crisis. Premiums in Tennessee have OB/GYN malpractice insurance by Mr. President, I ask unanimous con- gone up 68 percent over the last 4 eliminating frivolous cases by requir- sent that a list of groups that support years, and Tennessee is not even con- ing plaintiffs to file with the court a S. 2061 be printed in the RECORD. sidered a crisis State by the AMA—yet. certification by a doctor in the field There being no objection, the mate- One doctor from Paris, TN, writes: that it is an appropriate case to bring rial was ordered to be printed in the As a reproductive health physician I have to court. This proposal, which is now RECORD, as follows: provided a wide range of obstetrical and part of Pennsylvania State procedure, gynecologic services to west Tennessee for 13 GROUPS THAT SUPPORT S. 2061—HEALTHY would be expanded federally, thus re- years. I am one of only two physicians prac- MOTHERS AND HEALTHY BABIES ACCESS TO ducing claims and saving costs. While ticing in this area and do a significant CARE ACT most malpractice cases are won by de- amount of high risk procedures. My mal- American Medical Association fendants, the high cost of litigation practice insurance premiums have increased American College of Obstetricians and Gyne- drives up OB/GYN malpractice pre- from $30,000 to $60,000 in just two years. This cologists is without a claim being filed against me. American College of Emergency Physicians miums. The proposed certification . . . I am strongly considering terminating American College of Cardiology would reduce plaintiff’s joinder of pe- my obstetrical practice to leave this area American Association of Neurological Sur- ripheral defendants and cut defense markedly undeserved. geons costs.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.031 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1501 Further savings could be accom- placed on average men and women who Mr. President, I yield the floor. plished through patient safety initia- comprise a jury to reach a just result Mr. ENSIGN. Mr. President, we had a tives identified in the report of the In- reflecting the values and views of the debate today—sort of a debate, because stitute of Medicine. community. we are only debating whether to pro- On November 29, 1999, the Institute of Jury trials in modern tort cases de- ceed to a debate on the issue of wheth- Medicine, IOM, issued a report enti- scend from the common law jury in er we are going to continue to allow tled: To Err is Human: Building a Safer trespass, which was drawn from and in- obstetricians and gynecologists and Health System. The IOM report esti- tended to be representative of the aver- nurse-midwives to be able to practice mated that anywhere between 44,000 age members of the community in in this country because of the runaway and 98,000 hospitalized Americans die which the alleged trespass occurred. cost of medical liability insurance. The each year due to avoidable medical This coincides with the incorporation Democrats are not even allowing us to mistakes. However, only a fraction of of negligence standards of liability into proceed to the bill, just like last year, these deaths and injuries are due to trespass actions. when we tried to pass a more com- negligence; most errors are caused by This ‘‘representative’’ jury right in prehensive reform. If they don’t like system failures. The IOM issued a com- civil actions was protected by con- the bill, let’s amend the bill. But to prehensive set of recommendations, in- sensus among the state drafters of the have no debate on the bill, it seems to cluding the establishment of a nation- U.S. Constitution’s Bill of Rights. The me, they are completely turning their wide mandatory reporting system; in- explicit trial by jury safeguards in the backs on the women and children of corporation of patient safety standards seventh amendment to the Constitu- this country, and those babies yet to be in regulatory and accreditation pro- tion were adaptations of these common born. grams; and the development of a non- law concepts harmonized with the I had a discussion this afternoon with punitive culture of safety in health sixth amendment’s clause that local ju- the President of the American College care organizations. The report called ries be used in criminal trials. Thus, of Obstetricians and Gynecologists. I for a 50 percent reduction in medical from its inception at common law was talking to her about the numbers errors over 5 years. through its inclusion in the Bill of of students going into the field of ob- The Appropriations Subcommittee on Rights and today, the jury in tort/neg- stetrics and gynecology. At the Nevada Labor, Health and Human Services and ligence cases is meant to be represent- School of Medicine, the lowest number Education, which I chair, held three ative of the judgment of average mem- ever of students have applied to go into hearings to discuss the IOM’s findings bers of the community, not of elected obstetrics and gynecology. She pointed and explore ways to implement the rec- representatives. out a statistic in the State right next The right to have a jury decide one’s ommendations outlined in the IOM re- door, Utah. That number actually was damages has been greatly cir- port. The fiscal year 2001 Labor-HHS zero. Zero have decided to go into ob- cumscribed in recent decisions of the appropriations bill contained $50 mil- stetrics and gynecology. Let me re- United States Supreme Court. An ex- lion for a patient safety initiative and peat—in Utah, there are no new physi- ample is the analysis that the court directed the Agency for Healthcare Re- cians this year who decided to go into has recently applied to limit punitive search and Quality, AHRQ, to develop obstetrics and gynecology. That is an guidelines on the collection of uniform damage awards. In recent cases, the Court has shifted alarming figure for the future. error data; establish a competitive For those people who are saying it is its Seventh Amendment focus away demonstration program to test best a problem but it is not that bad—the from two centuries of precedent in de- practices; and research ways to im- ciding that federal appellate review of problem is bad today and it is going to prove provider training. In fiscal year punitive damage awards will be decided get much worse in the future. 2002 and fiscal year 2003, $55 million There have been statistics bantered on a de novo basis and that a jury’s de- about as to why this happened and why was included to continue these initia- termination of punitive damages is not that happened. However, the bottom tives. We are awaiting a report, which a finding of fact for purposes of the re- line is shown pretty well in this pic- has been delayed after being scheduled examination clause of the Seventh ture. This building is located in a very for issuance in September, 2003, by the Amendment—‘‘no fact tried by a jury Department of Health and Human shall be otherwise re-examined in any busy thoroughfare in Las Vegas. This is Services, which will detail the results Court of the United States, than ac- a picture taken last week . The sign of the patient safety initiative. cording to the rules of the common says, ‘‘OB/GYN—For Lease.’’ The rep- There is evidence that increases in law’’. Then, in 2003, the Court reasoned resents what is going on in many OB/GYN insurance premiums have been that any ratio of punitive damages to places in Nevada and other parts of the caused, at least in part, by insurance compensatory damages greater than 9:1 country—OB/GYN practices are shut- company losses, the declining stock will likely be considered unreasonable ting down. market of the past several years, and and disproportionate, and thus con- There are obstetricians and gyne- the general rate-setting practices of stitute an unconstitutional deprivation cologists leaving my State. It is the the industry. As a matter of insurance of property in non-personal injury fastest growing State in the country by company calculations, premiums are cases. Plaintiffs will inevitably face a far, yet we have OB/GYNs leaving. collected and invested to build up an vastly increased burden to justify a They are stopping their practices. insurance reserve where there is con- greater ratio, and appellate courts Some of them are retiring early. Some siderable lag time between the pay- have far greater latitude to disallow or of them are limiting their practices to ment of the premium and litigation reduce such an award. only the practice of gynecology. For which results in a verdict or settle- These decisions may have already, in others to get coverage from the insur- ment. When the stock market has gone effect, placed caps on some jury ver- ance companies, they have to limit the down, for example, that has resulted in dicts in malpractice cases which may number of babies that they deliver insufficient funding to pay claims and involve punitive damages. each month. the attendant increase in OB/GYN in- Consideration of the many complex My wife and I have had three wonder- surance premiums. A similar result oc- issues on the Senate floor on the pend- ful children. Three of the most remark- curred in Texas on homeowners insur- ing legislation will obviously be very able experiences of my life were the ance where cost and availability of in- difficult in the absence of a markup in births of our three children. I know a surance became an issue because com- committee or the submission of a com- husband and wife team, Joe and panies lost money in the market and mittee report and a committee bill. Kirsten Rojas, both of them OB/GYNs. could not cover the insured losses on The pending bill is the starting point They are passionate about what they hurricanes. for analysis, discussion, debate and do. They love to deliver babies. We In structuring legislation to put caps amendment. I am prepared to proceed have been out to dinner with them and on jury verdicts in OB/GYN cases, due with the caveat that there is much often they get interrupted, and they regard should be given to the history work to be done before the Senate have to go off and deliver a baby. Some and development of trial by jury under would be ready, in my opinion, for con- of the hardest working people are OB/ the common law where reliance is sideration of final passage. GYNs. Yet now they cannot afford to

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.063 S24PT1 S1502 CONGRESSIONAL RECORD — SENATE February 24, 2004 keep practicing. They have to limit the number, because this is 2002 data, is ward can be a positive thing for actu- number of deliveries. very low. In Las Vegas, it is somewhere ally getting this bill passed. The level The Rojases are our friends. We talk between $140,000 and $200,000 a year, de- I trauma center that closed in my with them, and they have actually pending on how many babies they are State is the same level I trauma center talked about leaving Nevada to go to delivering and whether they are deal- where Roy Horn—the famous enter- California to practice their passion of ing with difficult pregnancies. Looking tainer from Siegfried and Roy who was delivering babies. They love Las Vegas. on: Chicago, $102,000; and Miami, attacked by the tiger this last year— As a matter of fact, Dr. Joe Rojas, his $201,000 per year in medical liability was treated. Had that level I trauma father, was my mom’s gynecologist. premiums. center not been reopened, Roy Horn Actually, he did surgery on my wife Some people say these are rich doc- would probably not be with us today. when she had a medical condition. I tors. Has anybody talked to an OB/GYN The reason it is so apparent that this graduated high school with Dr. Joe and asked them how much money they legislation would work is because we Rojas. He was born and raised in south- make these days? In Maryland, they have the numbers here to show that in ern Nevada, and his wife now is in prac- get paid $1,400 for a delivery—not just the States who have strong medical li- tice in Nevada, and they may have to a delivery but all the precare, the de- ability laws, much of the costs have leave their beloved home because they livery, and the aftercare—$1,400 for all been constrained. Case in point, the of those visits, including the hospital cannot afford the high costs of medical reason our level 1 trauma center was time. In the State of Nevada, Medicaid liability insurance. allowed to reopen was that our Gov- pays $1,200. That is about what man- I want to put up another chart that ernor stepped in and said: We will cover aged care pays in the State of Nevada shows the comparison of the rates in the level I trauma center under the as well. These are not rich doctors. States around the country compared State’s liability protection. with California. Some people are say- By the way, we are not just talking about doctors; we are talking about What does the State of Nevada have ing the insurance rates are rising or for liability protection? It has a $50,000 falling because of the stock market, or nurse-midwives as well. When was the last time you talked to a rich nurse- cap for total damages, which is much insurance companies are just raising more severe than we have in this bill. the rates arbitrarily or because of some midwife? They are in a crisis as well. A lot of them are having to leave their We have only a $250,000 cap on non- kind of actuarial tables. The bottom economic damages. You can get as line is on this chart. This puts it into practices. In 2 States, legislators they have enacted excellent reforms, in too much as you want out of economic context. damages, and you can get as much as a The one State where we have had few states, nothing has been done. That is the simplest evidence we can jury says. Whatever your medical medical liability reform for any length give as to why it is so desperately costs, you can get all of those. But on of time, and it has been since the mid needed to enact the bill we have on the pain and suffering, with some of the 1980s after surviving multiple court floor today. It will protect people in- most outrageous runaway jury awards, challenges, is the State of California. volved in the delivery of babies and we limit it to $250,000. They enacted what is called MICRA. It those involved in the practice of gyne- Some say you are limiting the access is a strong medical liability reform law cology. to courts when you do that. In the that, frankly, you could not get passed We have heard anecdotal stories State of California, once again, there in the State of California today be- about women delivering babies lit- have been tens of millions of dollars cause the trial lawyers are so powerful. erally on the side of the road because awarded in loss of income. For in- Over the years the trial lawyers have they had to drive too far because their stance, a child was injured, and in one made so much money off of lawsuits obstetrician left town. This is hap- case $84 million was awarded by a jury. that they are, I would argue, the most pening in my State, in Arizona, in Mis- We are not limiting the access. We are powerful political lobby in the United sissippi, in West Virginia—there are 19 trying to get rid of the frivolous law- States today. States currently in crisis. Of the States suits that are plaguing this Nation and But in California they were able to that are left, all but five are showing enact a medical liability reform bill. leading to this crisis. There is a direct signs of heading into crisis. The one correlation. Their rates are down here shown by the thing we know, unless this problem is blue line. You see very little increase Senator DASCHLE stood on the floor fixed, is that all of those States show- earlier today and said this bill would over the years all the way through 1999. ing signs of crisis will head into the The rest of the country is shown by not help doctors. I question that state- crisis as well. ment because the doctors are sup- this red dashed line. You can see the How bad does the situation have to porting this bill. Virtually every med- rates going up. This only goes through get before this body and those who de- ical association in this country is sup- about 1999. If we took it out to the year fend the trial lawyers finally say porting this bill today. If it is not pro- 2004, to today, you would see another enough is enough? How bad does it viding relief to the doctors, why are spike going up right now. have to get? How many women have to they supporting this bill? The answer Actually the biggest increases in be denied the care they need? medical liability insurance we have In the State of Nevada, sometimes is obvious. The answer is, it will help. seen have been in the last few years. politics drives this argument. Some- It will help our entire system, and it This crisis is growing and getting times it drives many pieces of legisla- will help those women and children worse year by year. tion around here. In the State of Ne- who are being denied access to care Let us just compare a few cities in vada, our level I trauma center closed right now. Unfortunately, if we don’t two States that have enacted good a few years ago. Just prior to its clos- do something, this situation in the fu- medical liability reform versus cities ing, the Democrat leaders in our State ture is only going to get worse and in four States that have not. said there was no way they would pass worse and worse. Los Angeles in California: They have medical liability reform—no way—it The bill we have before us today, their MICRA law which is an effective would never see the light of day. Our Senator GREGG and I introduced. I ap- medical liability reform law. Denver, level I trauma center closed. What hap- preciate all of the great work he has CO: Once again, they have had a law on pened? Because of that closing, 3 weeks done on this bill, which is a narrowed the books for about 10 years. They have later a medical liability reform bill down version of what we tried to pass an excellent law there. was passed in the State of Nevada. last year. What we tried to pass last Let us look here at OB/GYNs. There That medical liability reform bill is year was a comprehensive bill. If we are some other specialties and the not a good one—it does have some good are not able to move to this bill today, comparison is very fair, but us stay components, but it certainly does not we are going to try to do emergency with OB/GYNs: go far enough. In the State of Nevada, room and trauma care and a good sa- Los Angeles, a little over $54,000 a we are trying to close the loopholes maritan bill packaged together. If we year; Denver, their premiums are about that were left open by that bill. can’t get that done, we are going to do $31,000 a year; New York City, $89,000; The politics that can be generated inner-city and rural health care areas— Los Angeles, $108,000. By the way, this out of debating the bill and going for- underserved areas.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.073 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1503 We are trying to drive this issue That is ridiculous. California and Colo- present administration—and the inter- home to the American people. They re- rado are the two best examples of med- national community, for that matter— alize where their representatives stand. ical liability reform having been en- have brought a country already steeped Some have said you are trying to get acted and have been enacted for enough in misery and poverty to the brink of a rollcall vote. You are darned right we time to see it work. The patients who uncontrollable violence and chaos. are. We are trying to let people know are injured actually get the compensa- With respect to our own administra- who stands with patients and who tion they deserve and we do not have tion, which has sought to remake the stands with women and children with the proliferation of frivolous lawsuits political landscape of the Middle East, this bill and who stands with the trial we see in the rest of the country in the it is profoundly disturbing and unset- lawyers. healthcare field. There are many areas tling that it seems incapable or unwill- Mr. ENSIGN. Another friend of mine of tort reform we need to address. This ing to act to fortify a struggling de- in southern Nevada, whom I was talk- happens to be one of them. mocracy in our hemisphere. ing to about 6 months ago, is one of the Anyone who has delivered or seen I will not defend every action of the best OB/GYNs we have in southern Ne- their child’s birth knows the anxiety Aristide government in Haiti. There vada. He focused his practice on dif- that builds up; it is a tense time. Every have been major problems there. I ac- ficult pregnancies, on the high-risk time one of our babies comes out of the cept that and understand that. But no pregnancies, pregnancies with compli- birth canal, we are hoping and praying one denies this government was duly cating factors. Maybe there is diabetes everything is going to be all right. The elected by the people of Haiti and it is involved. That is a very common prob- biggest fear of any parent is for some- being threatened today by a group of lem. One of my goddaughters who thing to go wrong. We want to know thugs and rebels, many of them who babysits our children has gestational the best possible health care and the come from the previous death squads diabetes. It is not an uncommon prob- best possible health care provider is and ousted armed forces members lem among women. During that time, going to be there. That is not hap- which ruled that country with a brutal there can be complications develop be- pening in too many cases. That is not hand, who make up the majority of the cause of diabetes. It can be a very seri- happening because, I believe, the trial people holding the second and fourth ous problem, but if handled by highly lawyers have been too powerful in the largest cities in Haiti today. trained physicians, usually you do not United States. We have to break that I am not standing here as some polit- end up with any problems. power base if we really want to care ical defense of a specific administra- Because my friend is in the high-risk about the mothers who are expecting tion, but I do stand here as someone category—by the way, he has never had or about the level of gynecological care who believes that if we are going to de- a lawsuit against him—his insurance they have come to expect and deserve fend democracy, we have to be willing company this past year said he had to in this country. to stand up when fragile democracies, severely limit the number of babies he This legislation is critical to the fu- such as this desperately poor country, could deliver. This is his passion, and ture quality of life in the United are being threatened by a group of peo- now he has to limit the number of States. It is critical that we put special ple who do not have the interests of de- high-risk deliveries. That means some interests aside and the interests of pa- mocracy at heart and have no right to other OB/GYN who is not as highly tients at the forefront. That is what we be threatening this democratically trained is going to have to deliver are debating today. Are we going to elected government. those babies. put expectant mothers, midwives, OB/ While I cannot discuss the adminis- If you are getting ready to deliver GYNs first? Or are we going to put the tration’s classified briefing of this and you have a high-risk pregnancy, trial bar first? morning, I can say that I was stunned you would want the best possible med- I yield the floor. by the lack of any coherent adminis- The PRESIDING OFFICER. The Sen- ical care you could get. You would tration strategy for addressing the vio- want the most highly trained physi- ator from Connecticut. Mr. DODD. With the attention of my lence that may unseat the elected gov- cian. If you were told that because of friend from Nevada, I ask unanimous ernment. It is no secret that Haiti’s our medical liability crisis in this consent I be allowed to speak as in long history of authoritarian govern- country—I am sorry, you cannot go see morning business for 6 or 7 minutes. I ments as well as political and social your doctor—the one you have come to think there are a couple of other upheaval have made it ripe to desta- trust, because they had to limit the speakers on the majority side who bilize. The Haitian people continue to number of babies they could deliver in want to be here. When they come over, be the principal victims of this insta- this month, imagine how that whole I will wrap up my remarks to give bility. The statistics are devastating. family would feel—the father, the them time to be heard on the matter. Eighty percent of Haitians live in ab- mother, the grandparents. It puts an Mr. ENSIGN. I agree to the unani- ject poverty; that is, 8 out of 10 people. unnecessary risk on that delivery we mous consent request with the caveat By 1998, the World Bank reported that should not be facing. that if a Member of the majority comes the per capita income in Haiti was $250 While no one wants to have medical over and seeks recognition, they will a year, less than one-tenth of the aver- malpractice cases, there are mistakes be recognized. age in all of Latin America. In addi- that occur in medicine. I am a veteri- Mr. DODD. I am happy to do that and tion, only half of Haitian children at- narian by profession. There are human I thank my friend from Nevada. tend school. Only 45 percent of the Hai- mistakes. There is gross negligence. The PRESIDING OFFICER (Mrs. tian population can read or write and Those people should have the right to DOLE). Without objection, it is so or- only marginally so. That is less than access a courtroom. They should have dered. the people of Iraq. the ability of a remedy. I argue that GROWING ANARCHY IN HAITI The scarcity of resources have con- our legislation actually gets them the Mr. DODD. Madam President, I come tributed to a public health crisis in remedy faster. It limits the attorney’s this afternoon to express my deep con- that nation. Fifteen percent of children fees so more of the money goes to the cern over the growing anarchy and law- don’t live past the age of 5. The aver- victim. It also gets the money to the lessness in Haiti. This ominous situa- age life expectancy is under 50 years of victim faster. Right now it can take 6, tion, only miles off our own shores, age. Haitians suffer from the highest 7, 8, 9, 10 years. A lot of times the pa- threatens to overwhelm the elected rate of HIV/AIDS in the Western Hemi- tient may have already died. Our bill government of Haiti in a number of sphere, roughly 6 percent of the popu- gets them the compensation they need days, and unless our country, the lation. much more quickly and in a fair man- United States, along with other mem- I note the presence of the Presiding ner. bers of the international community, Officer who, in a former life and occu- I have heard it described that this acts to stop it, it will get worse and pation, knew these numbers and statis- bill discriminates against women. That pose far many more serious problems tics as well as anybody. I appreciate would be like saying the whole State of for us. her listening to this because she under- California and the whole State of Colo- In my view, 3 years of neglected, stands better than many what goes on rado discriminates against women. mixed signals and inertia by the in these impoverished nations.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.075 S24PT1 S1504 CONGRESSIONAL RECORD — SENATE February 24, 2004 Equally important are the intangible ical solution does not portend well for the Haitian people, if we permit this to effects of this instability in this little the people of this country. A violent go on. Haiti is located only miles from country. Chief among them is the coup that unseats the duly elected gov- our doorstep. Lawlessness in Haiti only growing chaos in civil society. Indeed, ernment is not an auspicious founda- ripens conditions for narcotrafficking the very fabric of Haitian society is at tion for further stability in that coun- and illegal migration. risk as pro and antigovernment fac- try as the painful aftermath of the 1991 Haiti is already a major transition tions armed with every imaginable coups should remind us. site for drugs coming into this country. weapon are increasingly clashing in the It is too late for diplomacy alone to We know that already. If we think we streets. Just in the last 2 weeks, more turn the tide. The political opposition’s are going to get a better deal from than 50 people have been killed in po- rebuff of last weekend’s diplomatic these gangs that are about to over- litically charged street protests. This mission makes that painfully clear. throw this country, we are making a violence took a new and disturbing The international community must act mistake. Engagement with the Haitian turn when a group of armed gangs with strength and resolve to thwart people is clearly in the best interests of seized the towns of Cap Haitien and these criminal elements and prevent both our peoples. Gonaives, Haiti’s second and fourth the impending humanitarian refugee Not only is the lack of real leader- largest cities. They burned police sta- crisis that is about to explode before ship on the part of our own country tions and homes of supporters of Hai- our very eyes. It is time for the admin- disgraceful and disappointing, it is dan- tian President Jean Bertrand Aristide. istration to take the lead in this mat- gerous. Without that leadership, there The year 2004 was to be a year of re- ter. will be worse violence and greater joicing and celebration for the people I am not suggesting that we send chaos. of Haiti as they were expected to some massive force. We are talking Once security has been restored, the proudly celebrate 200 years of inde- about 200, 300, 400 gang members, administration has at its disposal the pendence. Instead they are forced to thugs. It is not a large operation. It tools to move both sides toward a po- flee from their communities to escape wouldn’t take much of an international litical compromise, should it choose to seemingly indiscriminate violence. force to send a message that we are not utilize them. With respect to the Gov- There is no mystery, in my view, who going to allow this government, this ernment of Haiti, that includes pro- is behind these armed attacks. They crowd to overthrow the elected govern- viding direct assistance to the Haitian have audaciously identified themselves ment. police, assistance in the form of train- to local and international journalists. Our position as of right now is that ing and equipment in return for com- They are former members of the Hai- we won’t do anything. We are not going pliance with the CARICOM initiative. tian armed forces and former members to step up until there is some political With respect to political parties and of the so-called FRAPH, the para- context in which to operate. civil society, the United States should military organizations that terrorized There will be a political context revoke U.S. visas to any of these orga- Haitians in the early 1990s. They were when we let these thugs know that we nization members who are unwilling to responsible for the deaths of thousands are not going to tolerate the overthrow participate wholeheartedly with the of Haitians and the flight of tens of of this government by asking others to diplomatic efforts to find compromise thousands more who were prepared to join us. I hope the administration or who support or condone violence. If risk their lives at sea coming to this would be prepared to act, particularly it takes legislation banning these peo- country rather than bear the repres- in light of what I anticipate to be the ple from getting visas, I will do it. sion and violence that was a daily oc- rejection of the offer of a political solu- These people travel to the United currence in that country. They are tion. States all the time and then turn back in Haiti, and they are within an While I commend CARICOM, the Car- around and provide support to these eyelash of taking control of Haiti ibbean community’s organization, for thugs and then anticipate coming here again. We are going to see the effects of ongoing efforts to find a temporary so- when it gets a little dangerous. They it here in a matter of days. lution to the political crisis, these ef- have no right to come to America, if These armed thugs have publicly an- forts have so far been fruitless because they participate in this action going on nounced that they intend to march on the political opposition hopes they will in Haiti as we speak. Port-au-Prince within hours. In fact, be able to watch an overthrow of this The Dominican Republic and other within 15 minutes of my address today, elected government and then count on Caribbean countries must take action a decision will be made by the so-called the U.S. Government to come in and to stop these territories from being political opposition in Haiti on wheth- sanction them, as if somehow they used as a transit point for illegal arms er to accept the recommended political have arrived in power legitimately. shipments to Haiti or as staging areas solution that would bring about a new Let me say to them today: If you for armed Haitian opposition groups. Prime Minister, sort of a copresidency think for a single second you are going Equally important, the United States with the present elected government. to get any support out of this Congress and the international community must That is the offer to be made. It has by overthrowing an elected govern- stop ignoring the negative impact that been rejected in the last several days ment, you are fooling yourselves. It is our economic policy of withholding as- by these gangs and the opposition. not going to happen. sistance to the Haitian people is having At 5 o’clock they are going to an- This government of ours needs to on Haiti’s stability. nounce whether they are willing to try speak loudly and clearly to these peo- Corruption aside, the Haitian govern- it again. I hope they will try. I hope ple that this is not what the United ment’s lack of resources would pre- they will accept what has been offered States stands for. This is not an en- clude anybody from effectively ruling to them by CARICOM, our Govern- dorsement of every action by the that country. It is disingenuous of the ment, and others. If they don’t, I am Aristide government any more than we Bush administration and the inter- fearful that we will see a continued rise endorse every action of other govern- national community to cut off hun- in this violence, the cost of human life, ments around this hemisphere or else- dreds of millions of dollars in aid to of innocent life unnecessarily. where. But to sit back and sort of these desperately poor people, some of The administration up to now has of- wink, in a sense, that it is OK for these the poorest people in the world. They fered only words. I commend Colin gangs and thugs and literally drug needed just a small amount of help, Powell. He has said that we respect dealers, some of the worst elements and we were unwilling to give them this elected government and we don’t that that country has ever seen, come any over the last 3 or 4 years. It is no believe it ought to be overthrown, that back into power and be able to over- wonder that chaos is running wild in we will not support any removal of this throw this government is a huge mis- that country today. democratically elected government. take. I hope the administration will take But those are words. They are impor- It is occurring on this administra- far more concrete steps to respond to tant words coming from an important tion’s watch. To allow it to happen will this crisis than they have presently. individual, but it doesn’t diffuse the be tragic. Let there be no doubt the My hope is that within a matter of growing crisis. A rejection of the polit- United States will suffer, along with minutes the political opposition and

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.079 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1505 others will agree to the political solu- immediately after delivery. She finally The idea that men and women should tion offered to them. If not, the United got her newborn breathing, wrapped have unequal access to the legal sys- States and the international commu- him in a sweater she was wearing, and tem offends, if not the Constitution, nity need to step up and offer to send drove the rest of the way to the hos- certainly our sense of justice. But the in armed forces, if necessary, to pro- pital where the emergency staff cut the real problem with this bill isn’t merely tect the overthrow of this legitimately umbilical cord in the parking lot. that it values the injuries of men and elected government. I urge my colleagues to think of women differently, as troubling as that Mr. ENSIGN. Madam President, what Melinda and the other mothers in this is. The real problem is that it presumes is the situation regarding time? country who have lost their doctors that somehow those of us in this Cham- The PRESIDING OFFICER. The time and to stand up to the trial lawyers ber are better able to determine how to has expired. and support cloture on this bill. The compensate injured patients in a pre- Mr. ENSIGN. Of the 10 minutes re- ‘‘objects in your rear view mirror that emptive way, knowing ahead of time maining, 5 minutes is for the minority are closer than you think’’ should all of the circumstances. Knowing ex- and 5 is for the majority leader, is that never be a woman and her newborn actly how these people are going to be correct? child on the side of the road. affected by the decisions we make The PRESIDING OFFICER. That is I yield the floor. today is something I don’t think any- correct. The PRESIDING OFFICER. The one could acknowledge they have the Mr. ENSIGN. The majority leader Democratic leader is recognized. ability to do. has the last 5 minutes. Mr. DASCHLE. Madam President, I This morning, I spoke with Colin The PRESIDING OFFICER. The Sen- know that time is close to having the Gourely of Valley, NE. At his birth, he ator is correct. vote. I will use my leader time. I want suffered complications due to his doc- Mr. ENSIGN. Madam President, I to make a couple of additional remarks tor’s negligence. Today he has cerebral suggest the absence of a quorum. about the bill. palsy and is confined to a wheelchair. The PRESIDING OFFICER. The We have had a great deal of discus- He has had five surgeries to correct his clerk will call the roll. sion today and comments made by bone problems that have occurred as a The assistant legislative clerk pro- some of our Republican colleagues result of this serious misjudgment in ceeded to call the roll. about the hardships malpractice insur- medical care. Mr. REID. Madam President, I ask ance premiums place on doctors. There Politicians in Washington can’t de- unanimous consent that the order for is no difference of opinion in that re- cide what is just compensation for Col- the quorum call be rescinded. gard. Both Republicans and Democrats in’s pain or the pain of any injured pa- The PRESIDING OFFICER. Without agree this is a real challenge and it cer- tient. We shouldn’t apply the one-size- objection, it is so ordered. tainly demands our attention. But I fits-all remedy for the tens of thou- Mr. REID. Madam President, the dis- think we have to reject cloture this sands of women and infants who are in- tinguished Senator from Nevada, my afternoon for the simple reason this jured each year. colleague, Senator ENSIGN, has been bill does nothing to solve it. As we waiting for the minority leader to have heard most of the day, every piece The fact is, no amount of money can come. The time is here for the majority of available evidence shows capping ever compensate a parent for their to use. If the minority leader decides to damages has no impact on the cost of child’s pain, but malpractice awards use 5 minutes, I ask unanimous con- malpractice insurance. are not simply about money. They are sent that the majority be given the Reports from the General Accounting about offering victims a sense of jus- final 5 minutes to speak on this mat- Office, the Congressional Budget Of- tice, a way of holding accountable ter. fice, Weiss Ratings, and the Medical those responsible for their injuries or The PRESIDING OFFICER. Without Liability Monitor all confirm mal- the death of their loved ones. objection, it is so ordered. practice awards are not the primary Malpractice awards are decided by The junior Senator from Nevada is factor driving the cost of malpractice juries and approved by judges. This is recognized. insurance higher. Even the insurance the same system we rely on to decide Mr. ENSIGN. Madam President, I industry admits caps won’t protect life or death issues in capital cases. want to sum up this debate telling one doctors from higher insurance pre- Why wouldn’t we trust our citizens to story and making a few other points. miums. Just last year, Bob White, fairly evaluate how to deliver justice Some on the other side of the aisle president of the largest medical mal- for the victims of medical malpractice? claim ‘‘they want to make health care practice insurer in Florida, stated, ‘‘No There are real solutions that can a birthright for every single child born responsible insurer can cut its rates bring down the cost of malpractice in- in this country.’’ Yet they are driving after a [medical malpractice tort re- surance, and Democrats are eager to the very doctors who bring America’s form] bill passes.’’ work with our Republican colleagues babies into the world out of their med- Doctors deserve our help. They need to implement them. We have talked ical practices. our help. They certainly want it. But about tax credits to offset the high Let me remind you of Melinda no doctor should expect lower insur- cost of premiums, prohibitions against Sellard’s story. She is the unfortunate ance rates as a result of this bill. It is commercial insurers engaging in ac- woman who went through a horrifying wrong to take away the women’s right tivities that violate Federal antitrust experience of delivering a baby on the in the courtroom merely to protect the laws, sensible ways to reduce medical side of the road in the middle of the profits of the insurance companies. errors, direct assistance to geographic night because her doctor had quit ob- This bill would create, for the first areas that have a shortage of health stetrics altogether due to exorbitant time, an unjust two-tiered legal sys- care providers, due especially to mal- insurance premiums. En route, she and tem, actually restricting the rights of practice insurance premiums. her husband had to drive right past the women and infants who are hurt by the So if our colleagues are as concerned Copper Queen Community Hospital, negligence of a doctor, HMO, drug com- about the plight of doctors as they which closed its maternity ward 2 pany, or even a medical device manu- have indicated again today, I hope they months earlier because of the medical facturer. will work with us to devise a real solu- liability crisis. Instead, the Sellards If a man is prescribed defective blood tion. Let’s drop the maneuvers that were forced out onto the highway to pressure medication by an internist, he protect only the profits of insurers and try to get to the only hospital within can recover full damages under the HMOs and pharmaceutical companies, 6,000 square miles with obstetricians bill. If a woman is prescribed blood and let’s have a serious discussion who could afford malpractice insur- pressure medication during pregnancy about how we solve the problem for our ance. that causes blood clots, her damages Nation. I think we have an obligation After enduring the excruciating pains will be arbitrarily capped. There may to have that conversation and ulti- of labor without anesthesia, Melinda even be a constitutional question in- mately come to some solution. Doctors was forced to give her newborn infant volved in this disparity between men and patients deserve it. They deserve CPR, since the baby was not breathing and women. an answer. This bill is not it.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.081 S24PT1 S1506 CONGRESSIONAL RECORD — SENATE February 24, 2004 As a result, once again I urge my col- NAYS—45 decision of the U.S. Supreme Court in leagues to reject cloture. I yield the Akaka Durbin Lieberman Lawrence v. Texas, and to extend that, floor. Baucus Feingold Lincoln indeed, yes, the Defense of Marriage Bayh Feinstein Mikulski CLOTURE MOTION Biden Graham (FL) Murray Act could be in jeopardy—indeed, the The PRESIDING OFFICER. Under Bingaman Graham (SC) Nelson (FL) very definition of marriage between a the previous order, pursuant to rule Breaux Harkin Nelson (NE) man and a woman that is part of the Cantwell Hollings Pryor Federal law and, as I said, I believe XXII, the Chair lays before the Senate Carper Inouye Reed the pending cloture motion, which the Clinton Jeffords Reid some 38 States. clerk will report. Conrad Kennedy Rockefeller Well, of course, the day that many Crapo Kohl Sarbanes thought would come only remotely in The legislative clerk read as follows: Daschle Landrieu Schumer the future came much more quickly, CLOTURE MOTION Dayton Lautenberg Shelby Dodd Leahy Stabenow when the Massachusetts Supreme We the undersigned Senators, in accord- Dorgan Levin Wyden Court decided that, indeed, traditional ance with the provisions of Rule XXII of the NOT VOTING—7 marriage violated the Massachusetts Standing Rules of the Senate, do hereby Constitution. Now, some might say, move to bring to a close debate on the mo- Bennett Edwards Miller tion to proceed to Calendar No. 429, S. 2061, Boxer Johnson well, since it was a matter of State a bill to improve women’s access to health Corzine Kerry constitution law, it is limited only to care services and provides improved medical The PRESIDING OFFICER (Mr. AL- the State of Massachusetts. But a clos- care by reducing the excessive burden the li- EXANDER). On this vote, the yeas are 48, er reading of that decision reveals that ability system places on the delivery of ob- the nays are 45. Three-fifths of the Sen- one of the bases upon which the Massa- stetrical and gynecological services: chusetts Supreme Court decided that Bill Frist, Judd Gregg, Kay Bailey ators duly chosen and sworn not having voted in the affirmative, the motion is traditional marriage violated the Mas- Hutchison, Lisa Murkowski, Susan Col- sachusetts Constitution was a U.S. Su- lins, Elizabeth Dole, Michael B. Enzi, rejected. preme Court decision in Lawrence v. James M. Inhofe, John Ensign, Craig f Thomas, John Cornyn, Pat Roberts, Texas, interpreting the U.S. Constitu- Sam Brownback, Orrin G. Hatch, MORNING BUSINESS tion. So as it turns out, there is a much Charles Grassley, Mitch McConnell, Mr. FRIST. Mr. President, I now Jon Kyl. closer relationship between the State withdraw my motion and ask that court constitutional decision and a de- The PRESIDING OFFICER. By unan- there now be a period for morning busi- imous consent, the mandatory quorum cision under the Federal Constitution. ness with Senators permitted to speak Well, once the Massachusetts Su- call has been waived. therein for up to 10 minutes each. The question is, Is it the sense of the preme Court did, indeed, hold that The PRESIDING OFFICER. Without marriage was no longer limited to men Senate that debate on the motion to objection, it is so ordered. proceed to S. 2061, a bill to improve and women in Massachusetts, some The Senator from Texas is recog- said this was just a State matter and women’s access to health care services nized. and provides improved medical care by there was no reason for the Federal reducing the excessive burden the li- f Government to get involved, and there was no reason for other States to be ability system places on the delivery of TRADITIONAL MARRIAGE concerned. Yet over the last week or obstetrical and gynecological services Mr. CORNYN. Mr. President, in 1996, shall be brought to a close? The yeas so, we have seen that individuals have the Congress voted overwhelmingly to moved—I saw one report in the Wash- and nays are mandatory under the rule. pass the Defense of Marriage Act. This The clerk will call the roll. ington Post of people leaving Maryland is a bipartisan bill, where Members of and going to San Francisco and getting The legislative clerk called the roll. both parties in both Houses voted over- married—in defiance of State law, I Mr. MCCONNELL. I announce that whelmingly to define marriage as an might add—where the city of San Fran- the Senator from Utah (Mr. BENNETT) institution in traditional terms, be- cisco, the mayor, and others, would is necessarily absent. tween a man and a woman. This, as you issue marriage licenses, and then peo- Mr. REID. I announce that the Sen- may recall, was in part a response at ple would return to places such as ator from California (Mrs. BOXER), the the time to the Vermont decision im- Maryland. Or people would show up in Senator from New Jersey (Mr. plementing civil unions. This body, San Francisco and, because of an act of CORZINE), the Senator from North just like approximately 38 States, has civil disobedience by the mayor and Carolina (Mr. EDWARDS), the Senator now passed defense of marriage acts de- municipal officials there, seek to get from South Dakota (Mr. JOHNSON), the fining marriage in traditional terms. married, even though California law is Senator from Massachusetts (Mr. Last September, the Senate Judici- consistent with Federal law and the KERRY), and the Senator from Georgia ary Committee’s subcommittee on the law of other States defining marriage (Mr. MILLER) are necessarily absent. Constitution held a hearing at which in traditional terms. I further announce that, if present we elicited testimony on this issue: Is Indeed, we see in New Mexico and in and voting, the Senator from South the Defense of Marriage Act in jeop- Chicago, where the mayor said if same- Dakota (Mr. JOHNSON) and the Senator ardy? sex couples sought to get married, he from Massachusetts (Mr. KERRY) would The reason we had that hearing is be- saw no reason not to issue them mar- each vote ‘‘nay’’. cause the U.S. Supreme Court, last riage licenses. Indeed, in Nebraska, a The yeas and nays resulted—yeas 48, year, made some pretty significant de- lawsuit in Federal Court is being de- nays 45, as follows: cisions, one of which was Lawrence v. fended by the attorney general of Ne- [Rollcall Vote No. 15 Leg.] Texas, which, if the rationale was braska under the Federal Constitution YEAS—48 going to be followed through, would seeking to define marriage in not Alexander DeWine McCain seem to place the Defense of Marriage untraditional terms, to allow it not to Allard Dole McConnell Act in jeopardy, saying that that some- be limited to just traditional marriage. Allen Domenici Murkowski how violated the Constitution, thus So this is not an issue that has been Bond Ensign Nickles opening the way to marriage between raised by Members of Congress ini- Brownback Enzi Roberts Bunning Fitzgerald Santorum same-sex couples. tially. This is a matter that has been Burns Frist Sessions At the time we had people, as you injected into the public arena by activ- Byrd Grassley Smith might imagine, as in every hearing, ist judges who have decided to radi- Campbell Gregg Snowe Chafee Hagel Specter some of whom said, oh, no, the Defense cally redefine the institution of mar- Chambliss Hatch Stevens of Marriage Act will stand as long as it riage in Massachusetts but the rever- Cochran Hutchison Sununu is the will of Congress and the will of berations of which have resounded all Coleman Inhofe Talent the American people. Others said more across this Nation. Collins Kyl Thomas Cornyn Lott Voinovich presciently, as it turns out, that if It is in that light I believe we in this Craig Lugar Warner there are judges who want to use the body have a responsibility to ask what

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.084 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1507 are the implications of the Massachu- were either born without their parents tunity for same-sex partners to order setts decision in this brush fire across ever marrying or their parents married their relationship from a legal stand- the country where local officials and and then divorced and they, of course, point in a way that satisfies virtually others are in acts of civil disobedience were in the custody of one parent and all the reasons I have heard articulated defying State law to issue marriage li- the other parent would typically be or- for same-sex marriage. censes and what are the ramifications dered to pay child support. I became It is important we have a hearing. It of the Massachusetts decision in terms very much convinced, not just because is important for this body to defend, if of the continued viability of the De- of the social science, but because of necessary, its prerogative under the fense of Marriage Act at the Federal what I saw as a person responsible for Defense of Marriage Act to do what we level. collecting that child support for these believe and I believe the overwhelming Next Wednesday morning, March 3, 1.2 million children, that children are number of American people believe is under the auspices of the Senate Judi- at less risk when they have two loving in the best interest of families and ciary Committee, Chairman HATCH has parents who care about them and sup- children and not leave this to activist graciously agreed to allow the holding port them emotionally and financially; judges who consider themselves to be of a subcommittee hearing of the Con- that certainly traditional families are superlegislators, who consider their stitution Subcommittee, which I chair, the optimal situation in terms of chil- prerogative to take a social or political to have witnesses talk about what the dren doing well and becoming produc- or some other agenda and essentially implications are in terms of national tive citizens. dictate that to the American people policy, in terms of the institution of At that time, of course, it had noth- from the bench. marriage, which I believe is important. ing to do with this new and revolu- We know Federal judges and many Indeed, if Congress is to be believed, on tionary constitutional theory that has State judges serve for a lifetime. There a bipartisan, overwhelming basis Con- been thrust upon us by the Massachu- is no way for the American people, gress has said it is important and, in- setts Supreme Court that seems to be short of impeachment, to remove a deed, that bill itself was signed by picking up around the country which I Federal judge or a judge who is ap- President Clinton. think we need to address, but really we pointed for a lifetime who acts in such We cannot simply stand idly by, in need to, as a nation, reaffirm our com- a radical fashion, so inconsistent with my opinion, and let activist judges mitment to doing what is in the best our norms and traditions, with our tra- radically redefine the institution of interest of our children. ditional understanding of the separa- marriage when it stands in stark relief Indeed, it is irrefutable that intact tion of powers, And yet in a way that and defiance of the will of the Amer- families, traditional families—mom would so radically transform this fun- ican people and certainly of the deci- and dad providing role models for chil- damental social unit that is so impor- sion this body has made in terms of dren they can then use when they grow tant to who we are as people and as passing the Defense of Marriage Act. up to then become not only productive families, and one that is the best and So we are going to have a hearing next citizens but moms and dads themselves most optimal arrangement found yet in Wednesday on that issue. and raise their own children—is some- the history of mankind to have and I suspect others will come to the thing the Federal Government ought to raise children so that they will be pro- same conclusion I have, and that is the be encouraging. We shouldn’t be agnos- ductive citizens. Constitution of the United States will tic about something that is so fun- I have come to the same reluctant be amended eventually; that this deci- damentally important to the well- position as I know the President an- sion in Massachusetts will spread to being of this country and to our future. nounced he has today and believe that Federal courts where others will cite We should not stand idly by and see the indeed the Constitution will be amend- this Massachusetts decision as prece- constitution of one State then spread ed. The question is whether we the peo- dent for an interpretation of the Fed- to another State and, indeed, then to ple are going to amend it by using arti- eral Constitution that will strike down the courts where the Federal Constitu- cle V of the Constitution, which cre- the definition of traditional marriage. tion is called into question that would ates an admittedly difficult process but I think that is important for a couple radically redefine this basic social in- one which is important to make sure of reasons. I know there are people who stitution. that it is not done flippantly, too fast are reluctant to even talk about this While I know there are those who are or without adequate deliberation. It is issue because they don’t want to be hesitant to talk about this issue be- time to consider whether we ought to painted or cast as intolerant or haters cause, as I say, no one wants to be cast invoke that provision the Framers pro- or bashers or any other term one might as intolerant of other relationships— vided in article V of the Constitution think of. Indeed, I think it is impor- indeed, I think you can say and recog- to say: Not so fast, judge. We the peo- tant to point out you can believe in the nize there are people in loving relation- ple ultimately have the power within essential dignity and worth of every ships outside of marriage. But when our hands to decide how this institu- human being and still believe the insti- they want to say marriage is what we tion will be defined and we think there tution of marriage is important to our redefine it to be, and there is no dif- is a positive social good to define mar- civilization, to families, to providing ference between a man and a woman riage in traditional terms. the most stable means of establishing and a same-sex marriage, I think, first So I believe it is important, as the family life, but also to the benefit of of all, that tends to trivialize what we President has concluded in his an- children. all have come to recognize as an insti- nouncement today, that we consider a The best interest of children requires tution that is a basic social good in constitutional amendment. us to do everything we can to encour- this country. But it also is game play- There are some who say our Con- age stable family life and, indeed, in ing. stitution is a sacred document. Indeed, the course of history, not just in this There are others who say we want to I think our Constitution is very impor- Nation’s history, but throughout have all the legal benefits of marriage, tant and even an inspired document, human history, I believe it is irref- but maybe we won’t call it marriage, but I disagree with those who say the utable that traditional marriage be- which to me is game playing. Constitution is sacrosanct to the ex- tween a man and a woman is the firm- I am a little skeptical of that, espe- tent that they say the Constitution est and most stable basis to establish cially when, as a lawyer, I know if two should never be amended. Indeed, if the family life. Indeed, that is the relation- people of the same sex want to make Founding Fathers believed the Con- ship, that is the basic social unit under contractual or other arrangements be- stitution should never be amended be- which children thrive and are at re- tween themselves so one can inherit cause it was a sacred document, then duced risk. from the other, so one can act on the they would not have provided a means When I was attorney general of Texas other’s behalf by use of a power of at- within that document itself for delib- for 4 years, I had the responsibility to torney, either to make medical deci- eration, hearings, decisions, and ulti- collect child support for some 1.2 mil- sions, if one is disabled, or financial de- mately a vote of this body and of the lion children. These were children who cisions if the circumstances arise, other body by two-thirds and then were from single-parent families. They there is virtually an unlimited oppor- three-quarters of the States voting for

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.093 S24PT1 S1508 CONGRESSIONAL RECORD — SENATE February 24, 2004 ratification, which is the process by I would condemn rhetoric or lan- newborns. People with the disease have which that Constitution can be amend- guage which would appear to be dis- red blood cells that contain an abnor- ed. respectful of other people, but that mal type of hemoglobin. These cells In my lifetime, I never imagined I does not mean at the same time that I have a sickle shape, hence the name of would be standing on the Senate floor do not believe the institution of mar- the disease, that makes it difficult for having to say I believe in the tradi- riage is worthy of protection. the cells to pass through small blood tional institution of marriage between I look forward to the hearing we are vessels or carry the appropriate a man and a woman. I just thought, of going to have in the Constitution Sub- amount of oxygen or nutrients or anti- all the other issues we would be debat- committee on March 3, I believe at 10 biotics, if that has been prescribed. The ing in this body, whether they are mat- in the morning. I anticipate that per- tissue that does not receive normal ters of war and peace, job creation, ac- haps later in the month, maybe the blood flow because of the disease even- cess to health care, education, all of week after we come back from the tually becomes damaged and can and the important issues that affect the March recess, we will have another often does cause potentially life- people in this country, the last issue I hearing. Senator HATCH, the chairman threatening complications. ever thought we would have to address of the Judiciary Committee, of course, Stroke in particular is the most would be a redefinition of marriage, reserves the right to make that final feared complication for children with but I submit that is where we are. decision. At that time, we will begin to sickle cell disease. It may affect in- Reluctantly, as many of us come to take up language, which we might then fants as young as 18 months. I have this discussion—and I think if one consider first in committee but then on personally talked with a number of looks at the polls we have all followed this floor, that would preserve the defi- parents whose children have had in the news media in the last few weeks strokes as toddlers. One of the difficul- since this issue has been splashed nition of marriage for the American ties with this disease is recognizing across our TV screens, our newspapers, people and not allow ourselves to be the Internet, and elsewhere, one sees dictated to by judges who are pursuing it—and I will talk about that in just a that the American people are getting some other agenda, one that the over- minute—recognizing its symptoms. the sense that something has gone ter- whelming number of American people Young children can have strokes with- ribly wrong, that somehow their values disagree with strenuously. out the parents even realizing it for and their traditions are being I yield the floor and I suggest the ab- some time. disrespected in a way that needs cor- sence of a quorum. While some patients live without rection. The PRESIDING OFFICER. The symptoms for years, many others do As more and more people find out clerk will call the roll. not survive infancy or early childhood. about the way this came about, The assistant legislative clerk pro- I became involved with this effort be- through a sort of—well, I would call it ceeded to call the roll. cause of an African-American doctor judicial lawlessness; in other words, Mr. TALENT. Mr. President, I ask from St. Louis, Dr. Michael DeBaun, judges who are not interpreting the law unanimous consent the order for the who treats children with sickle cell but who are taking it upon themselves quorum call be rescinded. disease. When you meet the practi- to redefine what the Constitution The PRESIDING OFFICER. Without tioners who specialize in treating peo- means and indeed redefine this basic objection, it is so ordered. ple who have this disease, you meet a social unit in our civilization, I think f series of American heroes. Dr. DeBaun is one of them. After meeting and vis- they are going to be pretty upset and HONORING BLACK HISTORY they are going to expect us to take up iting with him about a year ago, I real- MONTH: SUPPORTING THE SICK- ized the hardship this disease puts on a discussion of this constitutional LE CELL TREATMENT ACT amendment in a reasonable, deliberate, families and especially on the children, civil sort of fashion. Mr. TALENT. Mr. President, I rise who often have to receive blood trans- I hope we can rise to that challenge. today to honor Black History Month by fusion after blood transfusion in order Indeed, if one looks at the vote in the supporting the Sickle Cell Treatment to avoid strokes. And, yes, in order to Defense of Marriage Act, one sees there Act, which is S. 874, and inviting my stay alive. is an overwhelming bipartisan group in colleagues to join me and my chief co- About one-third of children with this body and in the other body who be- sponsor, Senator SCHUMER, in doing the sickle cell disease suffer a stroke be- lieve that the institution of marriage same. I am very pleased we now have fore age 18. These children require fre- is a positive social good and worthy of over 40 bipartisan cosponsors in the quent blood transfusions, sometimes 15 preservation. I hope we will not be Senate for this bill. We certainly would to 25 units of blood a year, to prevent afraid to talk about it in a frank and welcome more. I invite our colleagues subsequent strokes. open way, to listen to the concerns of to look carefully at this act and to sup- If you study the disease, you will also those who maybe are not yet con- port it. It is an important measure. It learn firsthand how it can affect the vinced, to take those into account and deals with a disease that afflicts many daily lives of children. I will just use then, as a Senate, we can discharge our hundreds of thousands of Americans one example, 9-year-old Isaac Cornell, responsibility under article V of the and a disease that really has not re- whom I also had the privilege of meet- Constitution to begin the process of al- ceived enough attention and enough ing. He is one of Dr. DeBaun’s patients lowing the American people to vote on visibility in the last few years. and attends fourth grade at Gateway the definition of marriage. This bipartisan, bicameral legisla- Elementary School in St. Louis. About We know who is voting now and it is tion is designed to treat and find a four times a year, Isaac misses school a handful of judges and municipal offi- comprehensive cure for sickle cell dis- because of severe episodes of pain, with cials who are encouraging civil disobe- ease which is a genetic disease which each episode lasting about 5 to 7 days. dience. They are issuing marriage li- primarily affects but not exclusively Every 4 weeks Isaac has to go for a censes in violation of State law, for ex- African Americans. About 1 in 300 new- blood transfusion at St. Louis Chil- ample, in California and elsewhere. Ul- born African-American infants is born dren’s Hospital where he’s treated by timately, if we are going to preserve with this disease, but the disease also Dr. DeBaun. Isaac has a permanent something that I think is infinitely affects people of Hispanic, Mediterra- port installed in his upper chest to worthy of preservation—and that is nean, and Middle Eastern ancestry, as allow for the transfusions. That is one government of the people, by the peo- well as Caucasians. of the reasons he cannot play contact ple and for the people—this is some- More than 2.5 million Americans, sports or join the wrestling team. thing we are going to have to do. This mostly but again not exclusively Afri- Sickle cell disease affects Isaac’s de- is a responsibility we are going to have can Americans, have the sickle cell cisions every day. He has to drink plen- to accept and we are going to have to trait, which is not the same as having ty of water to lubricate his cells, he risk the possibility that some may the disease. has to be careful not to overexert him- mischaracterize what we are trying to Why focus on sickle cell disease? Be- self—and that is certainly difficult for do as being disrespectful of other peo- cause it is the most common genetic a 9-year-old boy—and he has to be care- ple. That is not what this is about. disease that is screened in American ful to get plenty of rest. Because so

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.095 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1509 many patients like Isaac are struggling are crucial. Currently, those kinds of Please believe me, it is a painful life- with this disease, in April of 2003, Sen- services are not reimbursed under Med- constricting disease both for the vic- ator SCHUMER and I introduced the icaid unless they are performed by the tims and their families. Even though I Sickle Cell Treatment Act. Our friends, physicians such as Dr. DeBaun. Dr. do not have any other children to lose Representatives DANNY DAVIS and DeBaun simply does not have the time, to the disease, I mourn for all the other RICHARD BURR, introduced a companion certainly not as much as he would parents who will lose their children in bill, H.R. 1736, in the House, which now want to spend, the hours and hours he the future—today, tomorrow, someday has 39 bipartisan cosponsors. would need to spend with each set of they will lose them. Thank God there S. 874, which is the bill Senator SCHU- parents, with each patient, in order to will be help for sickle cell disease vic- MER and I introduced, has 41 bipartisan go over all the various ways in which tims—help not just in the form of addi- cosponsors as well as the support of this disease can affect their lives. tional funding—and the bill is very af- dozens of prominent African-American So it is important that Medicaid re- fordable—but help in the form of great- children’s and health advocates, as well imburse these services, even if they are er visibility, community support. This as union and church groups including— done by counselors or outreach per- bill is lifting the profile of this disease I am going to read the list. This is not sonnel who are not physicians. They which has remained in the corner for a complete list, but it includes the are perfectly appropriate and able to do too long. The business exclusively in Congressional Black Caucus, the Sickle it. The bill would allow nonmedical the past has been the business of those Cell Disease Association of America, personnel such as counselors to spend struggling and the small community the American Medical Association, the time with sickle cell disease families helping them. We need to show these National Association of Children’s Hos- to discuss how they can manage the people that the country is with them. pitals, the National Association of disease. That, by the way, will end up In conclusion, it is critical to help Community Health Centers, the saving the Government money because this historically underserved popu- NAACP, the Children’s Defense Fund, it will prevent strokes and other seri- lation. Many of these people do not the Health Care Leadership Council, ous episodes that then Medicaid does even know they carry the trait or they United Food & Commercial Workers appropriately reimburse. have the disease until consequences Union—Minority Coalition, the UFCW The bill creates 40 sickle cell disease have been visited upon them that they Faces of Our Children, United Church treatment centers. This provision of could have lessened or mitigated in of Christ, and National Baptist U.S.A. the bill authorizes the Department of some respect had they had prior knowl- These advocates, as well as the others Health and Human Services to dis- edge. who support this legislation, know the tribute grants to up to 40 eligible com- I ask my colleagues to join me and bill will make a difference in the lives munity health centers nationwide for Senator SCHUMER to honor Black His- of kids and families who are struggling $10 million for the next 5 fiscal years tory Month by cosponsoring this Sickle with sickle cell disease. for a total of $50 million. That is sub- Cell Disease Treatment Act. I cannot I want to outline four key ways in ject to appropriation. That could mean think of a better way to honor this which the bill makes a difference. a health center grant in almost every month than to help all of the families, First, it increases access to affordable, State. Grant money may be used for most of whom are African-American quality health care. The provision pro- purposes including the education, families, who are living and struggling vides funding to currently eligible treatment, and continuity of care for with this disease. Medicaid recipients for physician and sickle cell disease patients and for I yield the floor. laboratory services targeted to sickle training health professionals. The PRESIDING OFFICER. The ma- cell disease that are not currently re- Finally, the bill establishes a sickle jority leader. imbursed or are underreimbursed by cell disease research headquarters. f Medicaid. Importantly, however, the This provision of the bill creates a na- FAILURE TO PROCEED TO S. 2061 bill does not increase the number of tional coordinating center, which also Medicaid eligibles and the Federal would be operated by the Department Mr. FRIST. Mr. President, I will be Medicaid match will stay the same. We of Health and Human Services, to co- closing in a very few moments, but I have structured this bill so it is very ordinate and oversee sickle cell disease want to express my disappointment in affordable. funding and research conducted at hos- not being able to proceed to the bill. The bill also enhances services avail- pitals, universities, and community- We have been on the motion to proceed able to sickle cell disease patients. based organizations. This will help en- the last 2 days to a bill that reflects a This is a crucial aspect of the bill. sure efficiency so we can share infor- pressing problem, a crisis in many When you have this disease, you have mation about the disease, account- States. It has to do with a medical li- to stay on top of it. You have to man- ability to make sure the taxpayers’ ability system that is having an im- age this disease. I mentioned Isaac Cor- dollars are being used well, and also pact now, not just on physicians pay- nell before, how he drinks water and help us get best practices and monitor ing for their insurance, but on the gets adequate rest and is careful not to outcomes for the disease so we can im- quality of care, access to care through- overexert himself. You also have to prove services to people who have it out the United States of America. know the various respects in which the around the country. I do not believe the full impact of the symptoms of the disease can show up. I cannot overemphasize the out- medical malpractice malignancy is This is a tricky, sneaky disease. pouring of support Senator SCHUMER truly understood by the average Amer- I was talking with another parent and I have received for this bill. I am ican. Like a cancer, this malady is eat- whose son was having considerable den- sure if he were here he would relate the ing away at the experience of our med- tal problems. This is something people stories he has had. I have myself re- ical system in critical areas such as ob- with this disease struggle with, be- ceived personal handwritten letters stetrics. cause when they get periodontal dis- from sickle cell disease patients who Dr. Sean White of Kingsport is a per- ease and some form of antibiotic is pre- expressed their gratitude for this legis- fect example of what is happening. Dr. scribed by their dentist, they can’t be lation and who asked what they can do White moved to Tennessee in 2002 due certain the red blood cells will carry to help pass the bill since they know to the outrageous increases in medical the antibiotic to the infected point, so how many families it will help. malpractice premiums in Pennsyl- indeed any infections they have are For example, Allyce Renee Ford of vania. A staggering 7-physician group particularly dangerous. Blue Springs, MO, wrote, and I will increase of $210,000 forced a 30-year-old Obviously there is a whole medical paraphrase: I was pleased to read of practice to utterly dissolve. Alone, Dr. side to this we have to be aware of, but your bill to increase funding for treat- White’s medical malpractice premiums in addition, people need to know about ment of sickle cell disease. My twin were estimated to increase by $30,000 to the disease. They need to receive coun- sons were born with sickle sell in 1973 $110,000. seling and education as well as screen- and suffered from this debilitating dis- And this wasn’t just any practice, ing, genetic counseling, community ease all their lives. They both lost the but an OB–GYN group focusing prin- outreach. Education and other services battle to painful complications in 2002. cipally on one of the most precious of

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.098 S24PT1 S1510 CONGRESSIONAL RECORD — SENATE February 24, 2004 all practices, the delivery of babies. ‘‘tail,’’ to make sure if something hap- out of 208 countries in per capita gross Medical malpractice malignancy ulti- pens after their policy expires that national income. It is the only country mately claimed the two senior physi- they are covered for acts that took in the Western Hemisphere to be la- cians in the practice, as they retired place in the past. He went with a new beled a least-developed nation. early, while Dr. White was forced to company. They pulled out after a year Haitians are also among the most leave town. and a half. Now he is going to have to malnourished people in the Western ‘‘They really had to scramble,’’ Dr. pay more than $100,000 for 1 year to Hemisphere. The World Health Organi- White said of his fellow colleagues who have coverage for today and acts that zation reports that the average daily didn’t have the option to retire early. took place in the past. caloric intake for Haitians is the low- ‘‘They went to two local hospitals and I say to my friend, the distinguished est in the hemisphere and on a par with asked them to just employ them be- Senator from Tennessee, a physician, the poorest nations in Africa. cause they couldn’t afford to pay their this medical malpractice is something Violence is on the rise. At least 70 bills anymore. And no, I don’t know we have to address. I don’t know the people have been killed in the recent how hospitals afford it.’’ Dr. White left best form to do it. But when we do it, uprising, and the number of dead and the Bethlehem practice in 2002 because we are not only going to have to deal wounded grows daily. the bank requested a lien on his home with some of the policies outlined by Indeed, the country of Haiti now and the co-signature of his wife, Tracy, both parties today, but we will have to faces twin crises. The first is the pos- to finance his malpractice premiums take a look at what the insurance in- sible collapse, if not the violent over- for that year. dustry is doing to my friend and other throw, of a democratically elected gov- ‘‘I could see the hand-writing on the physicians. This is not just a problem ernment, with no agreed-upon follow- wall,’’ Dr. White said. ‘‘But I have de- generated solely by the trial bar; the on governmental structure. An opposi- livered so many babies in that commu- insurance industry has some culpa- tion leader predicted on Sunday that nity. You invest so much time and en- bility. the capital, Port-au-Prince, would fall ergy into the practice and develop such I hope the distinguished majority to armed rebels in 2 weeks. a rapport with people. I delivered half leader, when again we get to this issue, Second is the humanitarian catas- of my daughters’ friends, the children will help us come up with a framework trophe, primarily caused by the vio- of my own friends. It was very difficult and we can discuss this issue. Part of lence and the disruption that the vio- to just pack up and leave.’’ the discussion has to be directed to- lence has created. Collectively, Bethlehem’s 72,000 resi- ward the insurance industry. The current humanitarian crisis is dents lost the better part of a century Mr. FRIST. Mr. President, let me re- forcing poor Haitians to literally eat of combined experience when Dr. White spond through the Chair that the prob- the seeds they have saved for spring lem has gotten so big that patients are left for Tennessee and his two senior planting. With nothing planted, there being hurt and potential patients are partners took early retirement. Let me will be no harvest. These desperate being hurt. It is a crisis. It is a complex underscore here, a better part of a cen- food shortages will strike at the same problem. time the weather improves, and a mas- tury of experience claimed by exorbi- As a physician, and as one who sees sive exodus by sea will be feasible and tant medical malpractice premium patients, I recognize they are being more likely. hikes. hurt by this system, and we have to The question before the United In addition to taking a loss in order start somewhere. Part of it is being States and the world is, What should be to buyout his partnership in Beth- able to proceed to debate. If the timing our priorities? Tragically, it appears lehem, Tennessee has hardly been a ref- is not right, we will come back and do that our administration has taken a uge for Dr. White and his family. Yes, it at another time. We will come back firm stance on the side of indifference. malpractice malignancy is also eating to it. This problem is not going to go This may prove to be the longest run- away in my own home state, where Dr. away. I look forward to addressing it ning and biggest crisis of all for Haiti. White’s personal medical malpractice again. premiums jumped to $65,000 this year, This particular bill is not a com- The diplomatic effort this past week- up $20,000 from just last year in Ten- prehensive bill. We are not talking end, unfortunately, has accomplished nessee. about all of the doctors out there. nothing to date. Statistics indicate that as many as Rather, we took one specialty. I am a Cap Hatien, the second largest city in nine in 10 obstetric physicians have little perplexed how to come back to it Haiti, fell to the rebels the day after been sued in Tennessee if they’re in the because I want to keep the issue out our Assistant Secretary of State left practice of delivering babies for more there. Patients are being hurt, and we the country. We sent 50 marines to than 10 years, Dr. White said. This de- are going to come back to it. We will Port-au-Prince on Monday to protect spite the fact that maternal death work together to figure out the best our embassy. From what I can tell, rates have plummeted to all time lows way to try to have an appropriate there is no administration plan B. in this country. forum for what is a complex issue. Furthermore, I have detected very ‘‘The trial lawyers will tell you they Hopefully, we will bring it back in little concern for the potential impact are trying to weed out the bad apples,’’ some shape or form in the next several of this crisis on the United States Dr. White said. ‘‘Obviously, with 90 per- weeks. itself, with my State of Florida being cent being sued, they’re not all bad ap- The PRESIDING OFFICER. The Sen- on the front lines. ples.’’ ator from Florida is recognized. As we have seen repeatedly over the And that is the crux of the issue here. past two decades, one of the impacts of f Mr. REID. Will the Senator yield? this catastrophe will almost certainly Mr. FRIST. I would be delighted to CRISIS IN HAITI be a dramatic increase in the number yield. Mr. GRAHAM of Florida. Mr. Presi- of refugees risking their lives in leaky Mr. REID. Mr. President, through dent, I wish to share a few observations and unsafe boats to try to escape the you to the distinguished majority lead- and thoughts about the current cir- violence. er, I got a call from a dear friend in Ne- cumstances, the tragic circumstances Yet there has been little or no con- vada today, a surgeon. He is very ac- in our near neighboring country of tact between Federal agencies and the tive in public affairs, a very close Haiti. State and local authorities, our first friend of our Republican Governor. He Haiti was once a beautiful country. It responders, to prepare for the potential told me that in Nevada, where the Gov- was one of the jewels of the Caribbean. influx of refugees. The principal agen- ernor called a special session that we Its people, who secured their freedom cies of the Federal Government have have caps, the insurance rates have not from France in 1804, have suffered a limited capacities to handle yet an- been affected at all; they are still going long history of despair, poverty, and other immigration crisis. I am told the up. He originally had a policy with St. misrule. This country has now fallen Department of Homeland Security, Paul. They pulled out. Another com- into chaos. which includes the Bureau of Immigra- pany came in and doctors are always Regrettably, Haiti is one of the poor- tion and Customs Enforcement, has the concerned with what they call the est nations on Earth. It is ranked 172 capability to handle only 150 additional

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.044 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1511 refugees once they reach our shores. lines and hope that someone else— bility. We have ceded to the French, This is in large part because of, in my France, Canada, the Organization of the Canadians, the OAS, and the Carib- judgment, the inappropriate use of Caribbean Nations, CARICOM, or the bean leadership our sovereignty in what is supposed to be a temporary Organization of American States— dealing with the crisis in Haiti. holding facility as, in fact, the perma- would take the lead in settling the That loss of sovereignty comes at a nent prison for long-term detainees. problem. heavy price in our ability to influence But that is another story. This is unacceptable as American for- other nations and international organi- The Defense Department is under- eign policy. There is no other alter- zations from a position of strength. standably hesitant to mix Haitian refu- native but the use of U.S. influence. We How can we challenge China on its gees with the detainees from the war must become engaged at a serious and trade practices when we are relying on on terror at Guantanamo Bay, Cuba. sustained level or, failing to do so, be China to handle the most sensitive ne- The Bush administration’s feeling— prepared to pay the cost of chaos 700 gotiations with North Korea? which appears to be shared by others in miles off our coast and on the seas Just a year ago, our fragile relations the international community—is that which separate us from Haiti. with France were center stage. How the problem in Haiti is a political cri- Second, the next step should be a po- can we now rely on France and re- sis, and that until these paltry and lice presence of sufficient scale that it gional organizations alone to defend late-starting diplomatic efforts run can quell the violence. This can and our national interests in the Carib- their course, there is no basis for deal- should be done under the auspices of bean? The current administration ap- ing with the humanitarian crisis. the Organization of American States, pears indifferent, at best, to our neigh- When asked at a briefing yesterday but the United States must be a leader bors in the hemisphere, specifically what the administration is planning to and full participant. those in the Caribbean and Latin do to halt the violence, Scott McClel- Third, to assure the success of that America. This is surprising and dis- lan, the White House spokesman, re- police presence, the U.S. military tressing because candidate George W. sponded: should serve as a visible backup force. Bush stated that as President George We remain actively engaged in these diplo- Recently, this visible backup force W. Bush he would pursue a policy of matic efforts to bring about a peaceful, po- worked off the coast of Liberia when much greater U.S. involvement in litical solution to the situation in Haiti. we sent a marine amphibious group Latin America. That is simply and obviously not aboard Navy ships to stand by off the On August 25, 2000, speaking at Flor- enough. Our first priority must be the coast while we put ashore a marine se- ida International University in Miami, humanitarian crisis and finding a way curity team to protect our embassy. If FL, candidate George W. Bush de- to halt the violence which has fueled we can provide the powerful influence clared: it. of U.S. military troops 3,000 miles This can be the century of the Americas. A political solution should, of course, away, certainly we can do so in our . . . Should I become president, I will look be actively pursued, but not at the cost own neighborhood. South not as an afterthought, but as a funda- of abandoning efforts to address the Next, we must enhance our humani- mental commitment to my presidency. . . . humanitarian crisis and loss of lives tarian presence starting with emer- Those who ignore Latin America do not fully which are occurring daily in Haiti. gency deliveries of additional food- understand America itself. There was already a humanitarian stuffs and medical supplies, and we After crises in Argentina, in Bolivia, crisis as seen by the level of malnutri- must assure that delivery of those sup- in Venezuela, and now this test in tion. It is now crashing to new levels plies is available throughout the coun- Haiti, the Bush administration has yet with the killings and the threats of vi- tryside. another credibility crisis and yet an- olence which have forced international Next, given the indifference of the other failure of intelligence. While not aid organizations to reduce support to State Department and the National Se- on the scale of missed opportunities to the poor and impoverished of Haiti. curity Council, the President should disrupt the plots of September 11 or the If we wait for a political settlement, seriously consider the appointment of a misinformation which led us to war in we will be tolerating more scores of high-level delegation to Haiti, such as Iraq, again we have a failure of intel- people being killed and more deaths that represented by President Carter, ligence to inform national leadership due to the meager food supply and lack Senator Nunn, and General Powell in as to the true state of an international of adequate health services. Sadly, 1994, to make certain that our expecta- situation or of national leadership to most of those who are feeling this hu- tions, as well as our level of commit- effectively utilize the intelligence manitarian crisis, who are dying today, ment, is clear. which was provided. are innocent women and children. Next, we must enhance our capacity Had we secured and utilized accurate If we continue to wait for a political to understand what is happening inside and timely information on Haiti, pos- solution, the country will be controlled Haiti. In a manner which is eerily simi- sibly our response would not have been by armed gangs, drug dealers, and lar to the situation in the late 1980s as impotent and retarded as it now is. thugs. These conditions represent a and the early 1990s, our capacity to Finally, this is the latest example of clear threat to the national security of gather information inside Haiti is woe- the need for a United States or inter- the United States of America and to fully inadequate to the scale and the national capacity to respond effec- the security of friendly allies even significance of the crisis. tively in nation sustaining, even na- closer to Haiti than we are. Among other problems, all diplo- tion building, after our military has It is estimated, for example, that ap- matic personnel are confined to the successfully secured the territory. proximately 30 percent of the popu- capital Port-au-Prince. As one senior In 1994, the United States effectively lation of the Bahamas represents Hai- administration official described it: invaded Haiti in order to remove a tian refugees. Allowing the crisis in Our intelligence is very thin. military dictatorship and replace its Haiti to continue could destabilize the This limited understanding, without democratically elected president. We Bahamas and its other neighbors, such question, has contributed to our allow- did that with the kind of surgical pre- as the Dominican Republic. ing the situation to reach near anarchy cision that has come to characterize What do we need to do to avoid a hu- without the United States assertively our military efforts. We then proceeded manitarian tragedy? What do we need engaging itself. These circumstances in to spend almost $3 billion attempting to do to make that priority No. 1? Haiti are part of a disturbing pattern to sustain and build the nation of First, we need to see a sense of urgency of our current international relations. Haiti. I suggest that today, 10 years on the part of the United States, and One, by its unwillingness to engage in later, Haiti is in worse condition than that sense of urgency needs to start at a leadership role in the world, with the it was when we invaded in 1994. The the White House. dramatic exception of Iraq, this admin- very things that make our military so Just a few days ago, I met with the istration is ceding its sovereignty to effective; recruitment, training, sup- top administration official who effec- other nations. We have ceded to China port, the exercises of actions, have al- tively said that it was the policy of the the leadership for negotiations with lowed us to have such a string of suc- administration to stand on the side- North Korea over its nuclear capa- cesses in the military phase of dealing

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.069 S24PT1 S1512 CONGRESSIONAL RECORD — SENATE February 24, 2004 with a hostile or chaotic foreign situa- capable of doing something besides voicing Aristide should be held to the commitments tion. Unfortunately, none of those demands that Mr. Aristide must go. An ef- he made to his people. He needs to disarm characteristics is true of the efforts fort by Mr. Aristide’s critics to curtail the and disband the vigilante groups, disasso- that are made after the war concludes. growing insurrection would demonstrate ciate himself from their operations and bring that the opposition is a legitimate political political opponents into the governing proc- We need to take the leadership, either force with clout. The opposition should be ess. The world community has an interest in unilaterally or, I believe, preferably mature enough to try to reach at least a protecting Aristide, but it stems from his with other international allies, to de- temporary accommodation with Mr. Aristide standing as a democratically elected presi- velop a capability which has the same that could lay the groundwork for a political dent and because the alternative is even characteristics of recruitment, train- settlement. worse. Far from endorsing his presidency, ing, support. Having exercised, before Although the president has failed to live international intervention would be a slap at actual use, the security, the develop- up to previous promises to govern in a more the character of a man who sold himself to democratic manner, the crisis demands a ment of democratic institutions, the the world as a champion of democratic prin- suspension of political demands from his op- ciples and then betrayed those very prin- restoration of a governmental struc- ponents because violence threatens the sur- ciples. ture, the development of infrastructure vival of all political factions in the country. Washington has a major role to play in necessary to support the population Mr. Aristide carries the main burden of po- defusing this crisis—and a big stake in the and a market economy, which can be litical responsibility. A band of thugs must outcome. This country, after all, restored available after the bullets stop flying, not be allowed to depose an elected presi- Aristide to power, and it will become the assures our future investments in na- dent, but Mr. Aristide has to do more than destination of any mass exodus of Haitian simply insist on remaining in power. Reach- refugees. On Friday, diplomats from the tion sustaining and nation building are ing out to the opposition to form a bulwark not as ineffective as they have been in United States, Europe and the Caribbean against the forces of violence is the best way were preparing to present Aristide and oppo- the last decade. to show that he has Haiti’s best interests at sition groups a plan for political reform and The failure to have such a capacity heart. a return to the rule of law. It’s largely the after the 1994 invasion is a primary rea- DEMOCRACY TAKES TIME same plan that was presented to the warring son why today we stand on the edge of The fundamental problem is that Haiti is a parties weeks ago. Secretary of State Powell the volcano of chaos in Haiti yet again, failed state, and will remain one until de- said the plan does not call for Aristide’s res- 10 short years later. Let us today, by mocracy takes root—the ultimate goal. ignation but added that the United States our inaction and indifference, not pro- CARICOM and the OAS can help Haiti get would not object if he decided to step down vide as a heritage to future generations there, but only the United States has the au- before his term ends as part of a negotiated thority, or the muscle, to lead this effort. It political solution. in America and to future generations Even if the violence can be quelled in the in countries like Haiti, Iraq, and Soma- is time for the Bush administration to take a more active role in stabilizing the situa- coming days, a humanitarian crisis is al- lia the heritage of a failed effort be- tion. As Sen. Bob Graham has pointed out, if ready upon one of the poorest countries in cause we were not able to complete the we can send a military force to Liberia to the world. The world community should mission that began so brilliantly with protect our interests, we can do the same in quickly unite behind an effort that offers hu- military actions to the conclusion of a Haiti, the sooner the better. manitarian aid and protects both human stable, democratic, functioning coun- rights and Haiti’s sovereignty. try that gave to their people some rea- [From the St. Petersburg Times, Feb. 21, [From the Palm Beach Post, Feb. 21, 2004] sonable prospect of prosperity and per- 2004] sonal peace. CRISIS IN HAITI ON HAITI, U.S. CAN’T WAIT I ask that immediately after my re- With violence and chaos spreading in Haiti, As President Bush tries to install democ- marks editorials from the Miami Her- the world community cannot afford to just racy thousands of miles away in Iraq, he no stand by and do nothing. With the police hid- longer can remain disengaged from the ald, the St. Petersburg Times, the ing in their barracks, armed thugs patrolling moral and practical need for democracy hun- Palm Beach Post, the Washington the street and the elected president appeal- dreds of miles away in Haiti. Post, and the New York Times be ing for international protection, Haiti is on Late this week, the State Department ac- printed in the RECORD. the verge of another major humanitarian knowledged that Americans in Haiti should There being no objection, the mate- and political crisis. It’s understandable that leave the ‘‘steady deterioration of the secu- rial was ordered to be printed in the the Bush administration has ‘‘no enthu- rity situation’’ between an increasingly defi- RECORD, as follows: siasm,’’ as Secretary of State Colin Powell ant President Jean-Bertrand Aristide and the loosely organized movement to oust him. [From the Miami Herald, Feb. 19, 2004] put it, to intervene militarily. However, there is an urgent need for an international But as the administration finally has become SET THE RIGHT PRIORITIES IN HAITI; OUR peacekeeping effort. If ever there was a situ- more active in trying to broker a political OPINION: IT’S TIME FOR WASHINGTON TO ation calling out for United Nations peace- settlement, it has become increasingly unre- TAKE A MORE ACTIVE ROLE keepers, Haiti is it. alistic to think that a settlement will not re- Now that Haiti is in flames again, an epi- The two-week-old uprising has killed at quire military action. Ideally, that would demic of hand-wringing is spreading from least 60 people. The U.S. government Thurs- take place in concert with regional allies, Washington to the United Nations to the day urged Americans to leave, and the Peace stabilizing Haiti and bolstering the country Elysee Palace in Paris. Corps began withdrawing its staff. Wash- for the long haul beyond the end of Mr. Where was everybody when the first puffs ington also dispatched a military team to as- Aristide’s term in 2006. of smoke appeared years ago? When Presi- sess security at the U.S. Embassy. As the na- Each hour’s delay only makes the problem dent Jean-Bertrand Aristide started relying tion that stood behind the president, Jean- more difficult, as the loyal opposition that on thugs to maintain order? When brave Bertrand Aristide, the United States has a Mr. Aristide calls a band of terrorists is journalists were murdered for writing and special obligation to help. Since American being subordinated by gangsters returning broadcasting the truth? When peaceful pro- military forces restored Aristide to power in from exile. Haiti’s outnumbered and tests were repressed by violent means? 1994, after his ouster in a coup, Aristide has outgunned police force of fewer than 4,000 is Today, in the belated haste to do some- cruelly turned his back on his people and retreating from its posts. If certain rebels thing—anything—there is a danger of failing promises. He has not alleviated the human take control, they will not easily give it up. to adopt the right set of priorities. misery in Haiti or reached out to his polit- Gov. Bush was brief by the Coast Guard PREVENT A DISASTER ical opponents. Armed vigilantes roaming again this week. ‘‘But we have the power to The first goal should be to prevent a full- the streets terrorize in his name. Aristide some degree to stop this from hitting our scale humanitarian crisis, and it is already has become a polarizing force and a discred- shores,’’ said U.S. Rep. Mark Foley, R–West late in the day. It shouldn’t take an armed ited figure internationally. The rebels, how- Plam Beach. ‘‘We can’t take the standoff po- invasion of Haiti to put an end to the ever, are not any better. Many leaders are sition.’’ Colombia, he said, is a case where hooliganism that has made food, gasoline one-time death squad commanders, who have the U.S. has ‘‘used the military to try to re- and medicine scarce. But if strong diplo- no political legitimacy or idea how to gov- build the economy and stem the drug flow. matic pressure on all sides can’t do the job, ern. Liberia also is an example that’s on point. a small military force may have to be de- The United Nations, working with Carib- (Former President) Charles Taylor wasn’t ployed before conditions worsen. bean leaders and France and Canada, should going anywhere until the U.S. said we’re Restoring civil order on the streets is the dispatch a peacekeeping force as soon as pos- backing the nations that are liberating Libe- next priority. Here the challenge is both sible to try to end the bloodshed. Beyond the ria.’’ military and, ultimately, political. Before need to protect innocent lives and extend a In Haiti, Rep. Foley said, Jamaica, the Do- any outside attempt to launch a police ac- humanitarian hand, the United Nations minican Republic and the Bahamas ‘‘need to tion is made, the nonviolent opposition should underscore that change in Haiti must be leading the dialogue rather than have the should be given a chance to show that it is come through the democratic process. perception of imperial saber-rattling. We

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.071 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1513 have to have the sense that we’re all in this [From the New York Times, Feb. 24, 2004] mounted to train professional, politically together, With America saying, ‘We’re be- HOUR OF THE GUNMEN IN HAITI independent police officers and judges. It was hind you.’’’ But it is important, as he said, Rebels in Haiti were going house to house the absence of such institutions that allowed ‘‘to make sure the Haitian people under- yesterday, arresting supporters of President Mr. Aristide to create a new authoritarian- stand, as well as Aristide, that we are not Jean-Bertrand Aristide and looting their ism behind a democratic shell. American po- there to prop him up.’’ possessions. The capital, Port-au-Prince, re- lice training programs during the Clinton ad- That’s the message the international dele- mained in government hands, but the na- ministration did not reach far enough or last gation led by Assistant Secretary of State tion’s second-largest city, Cap Haitien, was long enough to succeed. Washington should Roger Noriega should carry to Haiti today. held by the insurgents. The situation is also make it easier for Haiti to earn its way There’s a lot at stake for Florida and the clearly becoming dire. The United States out of poverty by eliminating the American United States, which doesn’t need a failed needs to take the lead in protecting the Hai- rice subsidies that have contributed to pric- state close to home. It is too late just to as- tian people from the growing anarchy around ing poor Haitian rice farmers out of the mar- sume that things will get better. them. There is much that Washington could ket. do. Developing a durable democracy in this [From the Washington Post, Feb. 9, 2004] Only the slimmest hope remains for sal- deeply impoverished country, which has no NO HELP FOR HAITI vaging an international mediation effort history of strong, independent civic institu- Once again a poor nation with strong ties that began last weekend. If it cannot be re- tions, will take plenty of time and effort. to the United States is in desperate trouble— vived, there is a strong likelihood that the Failure to begin that effort now will surely and once again, the response of the Bush ad- country’s raging political crisis could ulti- result in future revolts, future dictators and ministration is to backpedal away, forswear mately be resolved by brute force. Abrupt future tides of desperate refugees headed for all responsibility and leave any rescue to and violent changes of government have been American shores. others. Last summer President Bush refused a regular feature of Haitian politics over the Mr. LAUTENBERG. Mr. President, I to commit even a few hundred U.S. troops on years and are among the main reasons that rise today to express my concern about the ground to help end a bloody crisis in Li- Haiti has never developed stable democratic the violent political crisis engulfing beria. Now he and his administration stand institutions. by as Haiti, a country of 7.5 million just 600 Mr. Aristide is no beacon of democratic Haiti. We dare not remain silent when miles from Florida, plunges into anarchy. principles, but he was freely elected to a faced with such a widespread insurrec- Armed gangs are spreading through cities five-year term that is not scheduled to run tion in our backyard. I believe that we, across the country in a violent rebellion out until February 2006. It would have been members of Congress and the Bush ad- against President Jean-Bertrand Aristide, better if all sides had accepted the proposed ministration, must make an honest whose own police force is so weak that a compromise that would allow him to stay in reckoning regarding our history of group of about 40 thugs was able to take over office while sharing power with the opposi- often inconsistence and sometimes a town of 87,000 people on Tuesday. France tion. and the United Nations have begun exploring Most, but not all, of the responsibility for even negligent U.S. policies toward the possible deployment of police or peace- the failure to reach an agreement lies with this neighboring country, the poorest keepers—which is probably the only way to the leaders of Haiti’s nonviolent political op- in the western hemisphere. If the cur- stop the killing. But Secretary of State position. They argued that with popular rent vicious cycle of resistance and vio- Colin L. Powell made clear that ‘‘there is anger against Mr. Aristide running so high, lent reaction to the resistance con- frankly no enthusiasm’’ within the Bush ad- they could accept no compromise that did tinues, the resulting instability will ministration ‘‘for sending in military or po- not cut short his presidency. have a substantial impact on democ- lice forces to put down the violence.’’ Mr. That public anger is largely Mr. Aristide’s Powell rejected ‘‘a proposition that says the fault, because of a succession of betrayals of racy and security in the Caribbean and elected president must be forced out of office his original democratic promises. By failing will affect our entire hemisphere. by thugs.’’ But that, apparently, doesn’t to end a long impasse over flawed parliamen- Just last month, Haiti celebrated the mean the United States—which has inter- tary elections, he has effectively shut down 200th anniversary of its independence; vened repeatedly in Haitian affairs during its Parliament and now rules by decree. He has it was only the second country in the 200-year history—is prepared to take any ac- politicized the police and courts and uses western hemisphere after the United tion to stop it. special police brigades and armed gangs of Nor has the administration been willing to State to throw off the yoke of foreign his supporters to terrorize civilians and domination and to declare independ- take the lead in seeking a political settle- break up opposition demonstrations. ment to the crisis. For several years it has Yet the opposition’s unwillingness to stand ence from a European colonizer. Unfor- delegated the arbitration of Haiti’s mount- up to the former army leaders and opposition tunately, Haiti’s long experience with ing domestic conflict to well-meaning but thugs now demanding Mr. Aristide depar- democracy and self-rule has been im- powerless diplomats from the Organization ture—and their failure to back a compromise peded by successive waves of military of American States or the Caribbean Com- that would have been strongly supported by coups—over 30 since its independence— munity, also known as Caricom. In par- Washington and other mediating countries— and power consolidation by elites. Pov- ticular, it has declined to exercise its consid- is a troubling sign. It suggests that these erable leverage on the civilian opposition erty and disease are pervasive and gov- politicians may not have the toughness need- ernment corruption rampant. In its Oc- parties, some of which have been supported ed to make sure that any armed ouster of by such U.S. groups as the International Re- Mr. Aristide does not lead to a rapid restora- tober 2003 survey, Transparency Inter- publican Institute and which have rejected tion of the same discredited forces that ruled national labeled Haiti the third most any political solution short of Mr. Aristide’s Haiti before he came to power. These include corrupt country out of 133 countries in immediate resignation. Apart from Mr. Pow- thuggish leaders of the country’s officially the world and the most corrupt of the ell’s statement, the administration’s rhet- disbanded army and the murderous para- 30 countries in the Americas and the oric has mostly been directed at Mr. military groups that supported military Caribbean. Aristide. ‘‘There certainly needs to be some rule. Some of these elements have already Prior to Jean-Bertrand Aristide’s changes in the way Haiti is governed,’’ said re-entered Haiti from the neighboring Do- election to his first term in 1990, Haiti White House spokesman Scott McClellan. minican Republic. Mr. Aristide is guilty of supporting vio- There is still time for the political opposi- had been ruled by successive military lence against the opposition and has cruelly tion to reconsider its rejection of com- dictators, many of whom were anointed disappointed those who expected him to con- promise before the armed rebels impose their by foreign leaders. In 1990, the U.S. solidate democracy. But Haiti’s mess flows own new tyranny. government and we, the members of in part from U.S. actions. After restoring Whether or not the opposition comes to its the U.S. Congress, felt optimistic about Mr. Aristide to power in 1994 and abolishing senses, Haiti’s people deserve protection. democratic prospects under Aristide’s the army that previously ruled the country More than 70 lives have already been lost. leadership. The subsequent U.S.-backed by dictatorship, the United States failed to The United States should quickly offer to follow through. U.S. forces were pulled out build up the current force of 50 marines who restoration of Aristide to power de- after only two years—they are still in Bosnia arrived Monday to protect the American Em- rived from an American hope, perhaps and Kosovo eight and five years, respec- bassy and make it the core of a multi- even a naive idealism, that he could re- tively, after they arrived—and all aid to the national stabilization force that would also build viable democratic institutions government was suspended after Mr. include soldiers from France, Canada and and further democratic progress as a Aristide’s party tampered with the results of Latin America. Haiti’s army was dissolved in legitimate head of state. This Amer- a congressional election. Some of the mili- 1994, and a modest international military ican idealism, I believe, led the Clinton tary’s former death-squad leaders command force could go a long way. It should be in administration to deploy 20,000 Amer- the gangs that would seize power. But the place before armed rebel elements grab Bush administration would rather leave the power for themselves. ican troops to support Aristide. Since answers to Caricom or the United Nations or Once a stabilization force is established, an this time, however, Aristide and his po- France. It’s an inexcusable abdication. American-led international effort should be litical party have made poor economic

VerDate jul 14 2003 02:30 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.066 S24PT1 S1514 CONGRESSIONAL RECORD — SENATE February 24, 2004 choices; they have consolidated power, by dialogue, negotiation, and com- secure. America’s men and women who eviscerated the role of the parliament, promise and fully support the power answer the call of service and wear our and allowed corruption and cronyism sharing agreement put forth by Sec- Nation’s uniform deserve respect and to corrode the government. retary Powell and international com- recognition for the enormous burden Indeed, over the past few years, as munity. I urge the opposition groups to that they willingly bear. Our people our foreign policy attention has shifted accept this proposal to share power put everything on the line everyday, eastward, towards hotpots in the Mid- with Aristide until he can be replaced and because of these folks, our Nation dle East and Southeast Asia, we have democratically. remains free and strong in the face of been dangerously negligent of Haiti’s I also ask my colleagues to follow danger. continuing political dissolution and this crisis closely and to join me in de- SPC Watts is survived by his wife Aristide’s failed leadership. manding that President Bush, Sec- Connie and his son Austin John, as well I believe that the current violent ex- retary Powell and other foreign policy as parents, Bill and Bertha, sisters pression of political opposition, which advisors continue to play a leading Bonnie, Betty and Barbara, and his has taken the lives of over 40 Haitians role, facilitating negotiations between brothers in arms of the 2–300 Field Ar- in the past two weeks, derives directly the Haitian government and the oppo- tillery Battalion. We say goodbye to a from the Haitians’ frustration with sition factions. husband, a father, a son, a brother, a their government. Haitian political If the opposition accepts the power- soldier, and an American. Our Nation rights have been chipped away since sharing agreement, Secretary Powell pays its deepest respect to SPC Billy Aristide’s 2000 re-election, based on should enlist French, United Nations, Jess Watts for his courage, his love of only five percent voter turnout, cre- and Caricom help to see that forceful country and his sacrifice, so that we ated a political stalemate. The Haitian diplomatic intervention ends the cur- may remain free. He was a hero in life parliament has since stopped func- rent stand-off. The next step is for the and he remains a hero in death. All of tioning, prompting international aid U.S., in concert with international or- Wyoming, and indeed the entire Nation donors to block millions of dollars in ganizations, to assist Haiti in creating are proud of him. a unity government, a council of advi- needed economic aid. 2LT LUKE S. JAMES The resulting economic situation is sors and the installation of a new Mr. NICKLES. Mr. President, you bleak. Most of Haiti’s 8 million people prime minister. American diplomacy don’t have to do much more than open and influence can be effectively mus- live on less than $1 per day and it ranks the morning newspaper or turn on the tered to convince both Aristide and the 150th out of 175 countries on the United evening news to understand that the opposition to accept these reformist Nations Human Development Index. enemies of freedom are working hard in But Aristide’s government has exac- measures. U.S. hegemony, wealth, and power Iraq. erbated Haiti’s economic crisis. The They lay ambushes for our troops, set have, over the course of our country’s U.S. State Department classified the off bombs by remote control, and drive history, generated myriad inter- country’s current situation as ‘‘eco- explosive-laden autos into crowds of in- national obligations to resolve global nomic stagnation’’ caused by ineffec- nocent Iraqis who want nothing more conflicts and preserve peace and secu- tive economic policies, political insta- than a brighter future for their coun- bility, environmental deterioration, rity. Our responsibilities emerge no clearer than when conflicts arise in our try and their children. the lack of a functioning judiciary, and Terrorists connected with al-Qaida, own neighborhood. It is time to break the migration of skilled workers. foreign interests and Baathist loyalists with a recent policy of U.S. dismissal On the other hand, we know that this conspire to destroy the dream of a free and neglect regarding Haiti’s self-de- month’s violent outburst is not the Iraq before it is fully born. They will structive government and devastating only means for Haitians to express po- fail. economic situation. litical opposition. For years, legiti- But Saddam Hussein, a one-man I urge my colleagues to join with me mate opposition groups have opposed in insisting that the administration, weapon of mass destruction who preyed Aristide’s government and most of with Congressional support, rise to ful- on his countrymen and threatened his them do not condone today’s violence. fill the responsibilities of global leader- neighbors, is in custody. His murderous Instead they endorse new elections and ship. sons are dead. His lieutenants and a peaceful transition of power. henchmen are captured, killed, or mov- We have a unique obligation to stand f ing nearer those fates with each pass- up for the people of Haiti. Our two HONORING OUR ARMED FORCES ing hour. countries are inextricably linked—by SPC BILLY JESS WATTS The same fates await those who the virtue of our similar histories, be- Mr. THOMAS. Mr. President. I ex- would steal the dream of liberty and cause of our involvement in Aristide’s press our Nation’s deepest thanks and replace it with a nightmare of repres- return to power, and as a result of the gratitude to a young man and his fam- sion, corruption and domination. influx of Haitians who have come to ily from Meeteetse, WY. On February 5, America’s front line in her war against our shores seeking refuge from the eco- 2004, SPC Billy Jess Watts was killed in terrorism is now in the fields of Af- nomically and politically ravaged the line of duty while preparing to de- ghanistan and the streets of Iraq in- country. These Haitian Americans ploy to Iraq to serve his country in the stead of in the skies over New York have contributed greatly to American war on terrorism. While traveling in a and Washington, DC. life and I am proud to have a talented military convoy to a final training ex- Like Americans everywhere, I was young man of Haitian origins on my ercise before leaving for duty in Oper- thrilled to see the statues of Saddam staff and to represent nearly 60,000 Hai- ation Iraqi Freedom, SPC Watts died Hussein knocked from their pedestals. tian Americans in my State. when the vehicle he was riding in hit Those images reminded me that the The Bush administration has advo- ice and rolled over. Iraqi people needed our help, our tanks, cated for a negotiated political solu- SPC Watts was a member of the Wyo- our troops, and our commitment to tion to the crisis. Yesterday, Southern ming Army National Guard’s 2–300 topple a brutal dictator. I am proud of Command has dispatched a small mili- Field Artillery Battalion. He enjoyed our military and America’s commit- tary team to Haiti to provide the am- the outdoors, hunting and camping, ment to make the people of the Middle bassador and the embassy staff with an and loved watching NASCAR racing East more free and secure. enhanced capability to monitor the and pitching horseshoes. He loved his Without a doubt, our military men current situation. Secretary of State family and his country. SPC Watts’ and women will face more difficult Colin Powell recently met with re- profound sense of duty led him to join days in Iraq, and the Iraqi people will gional officials and the Canadian and the U.S. Army following his high be tested by the responsibilities that Haitian ambassadors to discuss a pos- school graduation, and the National come with freedom. Everyone expects sible Caribbean-Canadian police force Guard upon his return to Wyoming. He more violence. Freedom is messy—no- for Haiti. I support the State Depart- was an American soldier. where more so than in a country that ment in its efforts to forge a nego- It is because of people like Billy has just shaken off a brutal dictator- tiated political solution brought about Watts that we continue to live safe and ship.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.072 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1515 Today I rise to honor who made the other Federal agencies to control and taminated and will have to undergo ex- ultimate sacrifice one can make for his dispose of these radioactive sources, pensive clean-up efforts. While this country. both domestically and internationally, type of incident is less likely to happen A few days ago I stood in Arlington have not gone far enough. in the U.S., we must learn from this, National Cemetery to honor the mem- Provisions of S. 1045 were included in and take steps to protect our nation ory of 2LT Luke S. James. H.R. 6, the Energy Policy Act of 2003, from these materials. We should take Lieutenant James, 24, was a native of but as debate over the energy bill con- the lead in helping other nations se- Hooker, OK, and a graduate of Okla- tinues, radioactive sources remain a cure their radioactive material, for the homa State University. He was killed threat to our country. Over the holi- good of us all. in Iraq on January 27 during a roadside days, there was a serious concern about The bill that I introduced and which ambush near Iskandariyah. the possible detonation of a dirty bomb is cosponsored by Senators BINGAMAN Lieutenant James was assigned to at one of the large open-air New Year’s and LANDRIEU, will give radiological the 2nd Battalion, 505th Infantry out of Eve celebrations around the country. sources and waste on American soil a Fort Bragg, NC. He’d only been in Iraq The DOE took serious and prudent ac- safe and secure, permanent disposal fa- a few days. tion to detect possible terrorist activi- cility. Before September 11, 2001, col- Our prayers and debt of appreciation ties and thankfully this situation did lecting and securing these sources was now go to his family. He is survived not end in tragedy. However, next time a matter of public safety, now it is a here on the homefront by his wife we may not be so lucky. The lack of a national security concern that de- Molly, his 6-month-old son, Bradley, safe, secure, and permanent disposal mands the attention of Congress. I urge his parents Brad and Arleen James, his site for unwanted radioactive sealed my colleagues to support the Low- sister Sharla, and his brother Kirby. sources places our country at risk. Level Radioactive Waste Act of 2003, to ‘‘That was his dream (to serve in the Thousands of sealed sources await ensure that our nation is better pro- Army),’’ Molly James said in a recent disposal, some requiring security meas- tected from the dangers of dirty bombs. ures greater than those in place at cur- interview. ‘‘He wasn’t afraid to go. He f was able to do his duty and die with rent storage facilities. The problem honor.’’ posed by these sources will not go away LESSONS FROM A CLEAN AIR As we watch the dawn of a new day in by itself. Universities and industry do LISTENING TOUR Iraq, we must never forget that the not have the means or facilities to se- Mr. JEFFORDS. Mr. President, I freedom we enjoy every day in America cure these materials and are seeking have spoken many times about my se- is bought at a price. Federal Government assistance. In my rious concern for our Nation’s deterio- 2LT Luke James did not die in vain. own State, the University of Hawaii is rating air quality. I would like to He died so that many others could live currently seeking the assistance of the speak today on behalf of those Ameri- freely. And for that sacrifice, we are DOE to remove large unwanted radio- cans who are working tirelessly at the forever indebted. Our thoughts and active sources, belonging to DOE, that regional and local levels to protect our prayers are with him and his family are no longer useful for their research. air quality, and who have expressed and with the troops who are putting While DOE is working on a solution, their concerns to me. Many Americans their lives on the line in Iraq. the sources remain in Hawaii awaiting across the country feel that the Clean f disposal. My bill would require the Air Act has not done enough to protect DOE to fulfill their statutory obliga- their health and their environment. CONTROL AND DISPOSAL OF tion to develop a disposal facility for They also worry that, under the leader- RADIOACTIVE SOURCES all of these sources, in consultation ship of our President, things will only Mr. AKAKA. Mr. President, I rise with Congress, and would also require get worse. They are taking action at today to express my concern that the that DOE explore Federal and non-Fed- the local and State levels, and State threat posed by the detonation of a eral alternative disposal options to government is responding with real ‘‘dirty bomb’’ has not been adequately make sure that the best disposal meth- leadership. We need to support these addressed. Controlling access to the ra- od is chosen. actions with strong, Federal legislation dioactive materials needed to fabricate However, my concern over radio- to protect our current laws and im- such a weapon remains a challenge active material does not end here. I prove our air quality. today, just as it did in the days imme- will continue my work to improve Fed- On a nationwide Clean Air Listening diately following the terrorist attacks eral oversight of radioactive sources Tour I initiated in 2003, I heard first- of September 11, 2001. Security im- and devices. Just a few weeks ago in hand from Americans who are tired of provements have been slow to come. New Jersey, a gauge containing radio- getting sick from breathing dirty air, Dirty bombs continue to threaten the active material was damaged, and its and tired of putting their children’s people and the economy of the United radioactive material is still missing. health at risk from eating mercury- States. Creating a disposal facility for this contaminated fish. In Asheville, NC, Radioactive sealed sources are all class of radioactive waste is only the and in Boston, MA, the public demands around us. They are used widely in beginning of getting this problem that the Federal Government work im- medicine, research, industry, and agri- under control. We need to improve the mediately to clean their air. culture. Some of these sources are licensing and tracking of these widely Asheville is situated in close prox- more risky than others, and Congress used sources and devices, so that they imity to the Great Smoky Mountains must take action to ensure the control will not fall into the wrong hands. National Park, the most visited Na- and safe disposal of those sources that When the United States began non- tional Park in the Nation at nine mil- pose the greatest risk. These sources, proliferation efforts in the former So- lion visitors every year. Sadly, this known as ‘‘greater-than-Class-C’’ viet Union, one of the first jobs was to majestic park is also the Nation’s most sealed sources, are of major concern begin consolidating nuclear weapons polluted, as reported by the National because of their potential for use in the and fissile materials in secure facilities Parks Conservation Association. Its fabrication of a dirty bomb. to await disposal or destruction. Due visibility is tied for the worst with To address this risk, I introduced S. to worries about terrorists acquiring Mammoth Cave National Park, at a 1045, the Low-Level Radioactive Waste dirty bombs, the DOE is now working mere 14-mile range during the summer Act of 2003, this past May. My bill ad- to secure radiological sources in many months. Under natural conditions, the dresses the efforts made by the Depart- countries oversees. I support these ef- vista should average around 80-miles. ment of Energy, DOE, to recover and forts. A theft this month of cesium-137 The Smokies have the highest rate of dispose of thousands of domestic great- in China re-emphasizes the need to acid precipitation among the parks, at er-than-Class-C radiological sources. work with other countries to collect thirty-five kilograms per hectare. This This measure was developed after three and dispose of unwanted radiological is six to seven times the nitrogen pol- different U.S. General Accounting Of- materials. The cesium, stolen by scrap lution that local soils can process. In fice reports I requested showed that metal thieves, ended up being melted fact, the highest peak in the Smokies the efforts being made by DOE and by a steel mill. The mill is now con- can be as acidic as vinegar.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.046 S24PT1 S1516 CONGRESSIONAL RECORD — SENATE February 24, 2004 The total number of hourly ozone rience blows in from elsewhere, a na- NC to Boston, MA, Americans made exceedences in the Smoky Mountains tional solution is crucial. In my listen- clear to me their desperation and frus- far outnumbers other parks at over one ing session at the Grove Park Inn on tration at being told they have to wait hundred and thirty-three thousand per May 19, 2003, I heard witnesses testify a decade or more for this administra- year. Ozone exposure in the Smokies is in compelling language how air pollu- tion and this Congress to clean their twice that of the region’s most ozone- tion affects Smoky Mountain commu- air, while the hundreds of thousands of ridden cities—Knoxville, TN, and At- nities, and how citizens are banding to- asthma attacks and birth defects con- lanta, GA. gether to protect public health. tinue across the country. These statistics mean that in the North Carolina State Senator Steven Residents of Boston, MA are espe- Smoky Mountains, dozens of tree and Metcalf, Buncombe County Commis- cially worried about the potential dan- plant species are damaged, streams are sioner and Chair of the Land of Sky gers of mercury pollution from power dying, aquatic wildlife populations are Regional Council David Gantt, as well plants, as the Boston economy, which declining, and area residents face in- as John Stanton, Vice President of the is highly reliant on commercial and creased mortality and chronic lung ail- National Environmental Trust, joined recreational fishing and tourism, may ments. Plus, the fish that people con- me in a press conference to launch the become affected by declining consumer sume are poisoned with toxic mercury, listening session. Hugh Morton, Owner confidence in the safety of local fish. which can cause a number of birth de- of Grandfather Mountain, which is a Fortunately for some New England fects and health problems in adults. scenic travel attraction near Linville, residents, states such as Massachusetts What is causing all this dreaded pol- NC, began the public forum with a slide and Connecticut are already moving lution? While cars and industry con- show illustrating the devastation that ahead with emission reduction plans. tribute substantially to the problem, air pollution has on his business. Slide I sincerely appreciate the participa- old, dirty power plants are my greatest after slide showed trees made bare by tion and support of my distinguished concern. About 30,000 premature deaths acid rain, and vistas clogged with haze. colleagues Senator TED KENNEDY and occur every year due to power plant There is no doubt in his mind that such Congressmen MIKE CAPUANO, JIM pollution alone. Incredibly, North pollution threatens the environmental MCGOVERN, and BILL DELAHUNT, and Carolina loses 1,800 people each year health and economic productivity of Massachusetts Attorney General Tom because of this pollution. And, hun- the mountain. Reilly in standing with me on Sep- dreds of thousands of children are born Don Barger, Senior Director of the tember 22, 2003, at the New England annually at risk of birth defects and Southeast Regional Office of the Na- Aquarium to bring attention to the se- neurological damage from their moth- tional Parks Conservation Association, rious mercury pollution problem facing ers’ exposure to mercury. Brownie Newman, Executive Coordi- New England. Also lending their sup- These are shocking figures, and we nator of the Western North Carolina port during the press conference were should be responding immediately to Alliance, Elizabeth Ouzts, State Direc- Ed Toomey, Aquarium President and this crisis. Power plants are still the tor of the North Carolina Public Inter- CEO, and Armond Cohen, Executive Di- Nation’s single largest source of air est Research Group, and Michael rector of the Clean Air Task Force in pollution in this country. They are re- Shore, Managing Director of the local Boston. The Aquarium and Task Force sponsible for most of our Nation’s smog Environmental Defense, added to the have been leaders in mercury and air and haze pollution, and asthma- and dialogue by describing how grassroots pollution-related research, education, lung disease-causing particulate mat- action has led to a high level of public and advocacy. ter, by emitting 60 percent or more of awareness about air pollution and its At the public forum, Cindy Luppi, Or- national sulfur dioxide emissions, and effects, and how that action has re- ganizing Director of Clean Water Ac- 25 percent of nitrogen oxides. In fact, sulted in State legislation to begin tion in Boston, and Jane Bright of the country’s oldest and dirtiest plants cleaning the air. HealthLink in Marblehead, Massachu- are responsible for 75 to 85 percent of Dr. Clay Ballantine, an Asheville setts spoke about the grassroots North- the haze in the southwestern Appalach- physician and medical expert on power east Clean Power Campaign, rep- ians. Power plants also emit more than plant-related health damage, also pro- resenting over 300 organizations from one-third of the Nation’s poisonous vided excellent testimony. Given that Maine to Connecticut that are all mercury into the air. air pollution decreases lung function, fighting to reduce power plant pollu- We should also know that power causes pneumonia and respiratory in- tion in the region. plants emit 25 percent of our country’s fection, increases lung cancer rates Ms. Luppi also provided compelling emissions of carbon dioxid—the great- similar to those of second-hand smoke findings from a Tufts University study: est greenhouse gas. Our Nation’s utili- exposure, causes asthma and asthma direct costs of environmentally-attrib- ties alone send forth 10 percent of the attacks, and leads to premature death, utable neurobehavioral disorders, such world’s carbon dioxide emissions. They Dr. Ballantine is concerned about the as those caused by mercury pollution, are, in part, responsible for the global suffering he sees first-hand. I am grate- in Massachusetts alone total between warming that is occurring today and ful to all of these witnesses for partici- $40 million and $150 million each year, will continue into the future. Global pating in the listening session, and for with indirect costs totaling an addi- warming will seriously affect the 130 sharing their expertise with me. tional $100 million to $400 million. species of trees and the 4,000 other Since Asheville ranks sixth in the Also, Ms. Luppi presented the findings plant species in the Smokies, as well as Nation in per capita deaths caused by of a 2002 Massachusetts Department of worsen the already dangerously power plant pollution, and since North Environmental Protection study which unhealthy ozone pollution problem. Carolina is facing millions of dollars in determined, ‘‘The Department believes Many local residents are not only high- additional pollution-related health that the removal of 85 to 90-plus per- ly concerned, but they are frustrated costs, local citizens there have every cent of mercury in flue gas has been with our Federal Government’s absent reason to be concerned, and every right demonstrated to be technologically leadership. to be outraged that this administration and economically feasible.’’ In other State officials and others in Ashe- plans to do nothing to help them. The words, there is no excuse to delay man- ville and the Smoky Mountain region administration has worked to effec- dating tough national mercury reduc- are tired of waiting on the Federal tively neutralize and eviscerate nearly tions under the Clean Air Act. Government to protect their air and all major protections in the Clean Air Massachusetts and Connecticut are their climate. They are already acting Act. From dropping all enforcement moving now to require an 85 to 95 per- to reduce this power plant pollution. cases against the worst violators of cent reduction in mercury emissions in The North Carolina legislature has New Source Review, to the recent pro- the next 5 to 9 years. Like in Asheville, made great strides with the passage of posal to delist utilities for mandatory the witnesses stressed that such State- the Clean Smokestacks Act. Other mercury control, this administration level progress is encouraging, but that States are quickly following suit. How- should make all of us angry. These ac- real relief from air pollution can only ever, States are keenly aware that tions are an insult to all Americans, come from reductions made across the since much of the pollution they expe- and a slap in the face. From Asheville, country.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.103 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1517 During the listening session, Dr. Jill this administration is encouraging fiscal austerity have been met with a Stein, a physician and President of the them to think that way. If it belongs determination to find solutions, and Massachusetts Coalition for Healthy to anyone, the air belongs to those the countless people receiving job Communities, and Dr. Bill Bress, State children who play outdoors, or those training and employment assistance Toxicologist for the Vermont Depart- families who go fishing and take trips are well-served, due in no small meas- ment of Health, detailed the serious to our scenic national parks, or to the ure, to Mr. Ryan’s efforts and his devo- and often life-threatening health ef- poorest of us who are unlucky enough tion to these endeavors. For these ef- fects of mercury exposure through con- to live next to a smokestack. The air forts and so many more, we extend our sumption of contaminated fish. Nearly belongs to all of us. We should treat it congratulations to Mr. Ryan and wish 10 percent of American women have like the most precious resource we him an enjoyable and well-deserved re- high mercury blood levels above EPA’s know. Americans from around the tirement. safe health threshold. Pregnant women country have learned this important f who consume even small amounts of lesson. Congress and this administra- ADDITIONAL STATEMENTS fish can inadvertently put their devel- tion must now do the same. oping babies at risk of mental retarda- f tion, seizures, cerebral palsy, vision TRIBUTE TO ERNIE MARX and hearing problems, abnormal gait LOCAL LAW ENFORCEMENT ACT OF 2003 ∑ Mr. BUNNING. Mr. President, I take and speech, and learning disabilities. a moment today to pay tribute to Mr. SMITH. Mr. President, I rise EPA has estimated that 630,000 chil- Ernie Marx of Louisville, KY for his today to speak about the need for hate dren are born at risk each year due to service to the people of Kentucky and crimes legislation. On May 1, 2003, Sen- mercury exposure in the womb. This is his willingness to teach understanding ator KENNEDY and I introduced the twice EPA’s previous estimate. and compassion to our Common- An astonishing 50 percent of Ameri- Local Law Enforcement Enhancement wealth’s youth. cans who eat fish regularly exceed the Act, a bill that would add new cat- Mr. Marx is a survivor of the Holo- mercury health limit, and 10 percent egories to current hate crimes law, caust and has used this tragic event in exceed the limit by a factor of four. sending a signal that violence of any human history as an inspiration to Adults are also susceptible to devel- kind is unacceptable in our society. educate the youth of our country about oping heart, kidney, and immune sys- In February 1999, Steve Garcia was tolerance and respect. He has focused tem disorders due to mercury consump- returning to his home from a party his efforts on middle and high school tion. Anglers and certain ethnic groups wearing women’s clothing and shoulder students, speaking about his experi- who eat large amounts of fish face two length hair. He died of a gunshot ences before hundreds of different to five times these health risks. Clear- wound to the shoulder and because groups. ly, dramatically curbing mercury pol- none of his jewelry was stolen, police One such event was on Tuesday, April lution will improve all of our lives. suspect that he was targeted because of 29, 2003, when Mr. Marx spoke at the Dr. Steve Petron, Board Member of the way he was dressed. annual Yom HaShoah commemoration the National Wildlife Federation and I believe that Government’s first at Fort Knox, KY. Yom HaShoah, or Senior Ecosystems Scientist for CH2M duty is to defend its citizens, to defend Holocaust Remembrance Day, is an im- Hill, demonstrated how toxic mercury them against the harms that come out portant day of reflection for Americans pollution from power plants harms our of hate. The Local Law Enforcement and people throughout the world. His Nation’s aquatic wildlife. Those species Enhancement Act is a symbol that can own message to our soldiers at Fort that depend on fish for food are the become substance. I believe that by Knox was about hate and tolerance. He most at risk. Because of this, loons, passing this legislation and changing told the soldiers that they can prevent bald eagles, otters, amphibians, and current law, we can change hearts and a Holocaust, saying, ‘‘You are our hope other animals are already facing or minds as well. and are fight for our freedom.’’ could soon face decline. And lastly, Dr. f This fall Mr. Marx led his 54th trip to Praveen Amar, Director of Science and Washington, DC to educate children RETIREMENT OF TOM RYAN Policy for the Northeast States for Co- and citizens about the Holocaust. He ordinated Air Use Management, Mr. SPECTER. Mr. President, March brings these groups, primarily stu- NESCAUM, represented State air qual- 1 marks a very special occasion—al- dents, to visit the holocaust Museum ity regulators by stressing that mer- though it is with mixed feelings I re- and teaches them about tolerance and cury control technologies are available port that Tom Ryan, the key Depart- understanding. I am certain he will and affordable, and by expressing the ment of Labor Budget Analyst for em- continue to lead these trips in the tra- need for smart Federal environmental ployment and training programs is re- dition of the Holocaust Museum’s mis- laws to drive technology innovation tiring following more than 32 years of a sion of education. and application. As a recent NESCAUM most distinguished career. As the From Atherton High School in Louis- report found, ‘‘Where strong regulatory members of the Appropriations Com- ville, KY to the Henry County Middle drivers exist, substantial technological mittee can attest, Mr. Ryan’s work in School in New Castle, KY, Ernie Marx improvements and steady reductions in this area has been extraordinary, in its has had a profound impact on the control costs follow.’’ breadth, its depth, and in its effective- youth of the Louisville region. I would That’s where Congress comes in. We ness. As needs arose and even when cri- like to honor his dedication, leadership are elected to serve the people of this sis has come to the lives of so many job and commitment to the people of Ken- Nation. Where people are becoming seekers throughout our Nation, Mr. tucky.∑ sick and are dying because of air pollu- Ryan has been a pillar of strength in f helping people as he worked tirelessly tion, something must be done. We must MEASURES READ THE FIRST TIME never knowingly allow such suffering with us to ensure that funding for the to continue if we have the ability to right training opportunities were avail- The following bill was read the first act, and we do. Time and time again, able when job seekers needed them. time: mothers and fathers, doctors, sci- On behalf of the members of the Ap- H.R. 3783. An act to provide an extension of entists, and community members ask propriations Committee, I would like highway, highway safety, motor carrier safe- to take this opportunity to express our ty, transit, and other programs funded out of for our help. the Highway Trust Fund pending enactment At the bare minimum, we should be heartfelt thanks to Mr. Ryan for his vi- of a law reauthorizing the Transportation protecting current law. But to truly sion which has so often guided us in Equity Act for the 21st Century. benefit the public good, we must pass formulating creative solutions to fund- f tough legislation to force dirty power ing jobs training programs, in caring plants and other polluters to start be- for the people we serve—many of those EXECUTIVE AND OTHER having like good citizens. The air is who are in critical need of assistance. COMMUNICATIONS not their toxic waste dump. It is not The complexities of funding these pro- The following communications were theirs to pollute for free, even though grams during the challenging years of laid before the Senate, together with

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.104 S24PT1 S1518 CONGRESSIONAL RECORD — SENATE February 24, 2004 accompanying papers, reports, and doc- By Mr. LAUTENBERG (for himself and (Mr. ENZI) was added as a cosponsor of uments, and were referred as indicated: Mr. CORZINE): S. 595, a bill to amend the Internal S. 2105. A bill to improve the Federal shore Revenue Code of 1986 to repeal the re- EC–6390. A communication from the Assist- protection program; to the Committee on ant Secretary for Legislative Affairs, De- Environment and Public Works. quired use of certain principal repay- partment of State, transmitting, pursuant to By Mr. BUNNING (for himself, Mr. ments on mortgage subsidy bond law, a report of actions taken by the Presi- MILLER, Mr. ALEXANDER, and Mr. financings to redeem bonds, to modify dent of the United States under Presidential HATCH): the purchase price limitation under Determination 2004–08 relating to the Rus- S. 2106. A bill to amend the Internal Rev- mortgage subsidy bond rules based on sian Federation; to the Committee on Armed enue Code of 1986 to provide capital gains median family income, and for other Services. treatment for certain self-created musical purposes. EC–6391. A communication from the Acting works; to the Committee on Finance. S. 664 Under Secretary of Defense for Acquisition, By Mr. DEWINE (for himself, Mr. Technology, and Logistics, Department of LEAHY, and Mr. DOMENICI): At the request of Mr. HATCH, the Defense, transmitting, pursuant to law, four S. 2107. A bill to authorize an annual ap- names of the Senator from Kansas (Mr. quarterly Selected Acquisition Reports for propriations of $10,000,000 for mental health ROBERTS) and the Senator from South the quarter ending September 30, 2003; to the costs through fiscal year 2009; to the Com- Dakota (Mr. JOHNSON) were added as Committee on Armed Services. mittee on the Judiciary. cosponsors of S. 664, a bill to amend the EC–6392. A communication from the Dep- By Mr. HARKIN (for himself, Mr. KEN- Internal Revenue Code of 1986 to per- uty Secretary of Defense, transmitting, pur- NEDY, Mr. LIEBERMAN, and Ms. CANT- manently extend the research credit, suant to law, the report of the Office of In- WELL): spector General for the period from April 1, S. 2108. A bill to amend the Federal Food, to increase the rates of the alternative 2003 through September 30, 2003, along with Drug, and Cosmetic Act to ensure that con- incremental credit, and to provide an the classified Annex to the Semiannual Re- sumers receive information about the nutri- alternative simplified credit for quali- port on intelligence-related or classified and tional content of restaurant food and vend- fied research expenses. sensitive subjects; to the Committee on Gov- ing machine food; to the Committee on S. 736 Health, Education, Labor, and Pensions. ernmental Affairs. At the request of Mr. ENSIGN, the By Mrs. FEINSTEIN (for herself, Mr. EC–6393. A communication from the Assist- name of the Senator from Minnesota ant Secretary for Legislative Affairs, De- WARNER, Mr. SCHUMER, Mr. DEWINE, (Mr. COLEMAN) was added as a cospon- partment of State, transmitting, pursuant to Mr. LEVIN, Mr. CHAFEE, Mr. DODD, law, a report relative to the Cooperative Mr. JEFFORDS, Mrs. BOXER, Mrs. sor of S. 736, a bill to amend the Ani- Threat Reduction Act of 1993 with respect to CLINTON, Mr. REED, and Mr. LAUTEN- mal Welfare Act to strengthen enforce- Ukraine; to the Committee on Foreign Rela- BERG): ment of provisions relating to animal tions. S. 2109. A bill to provide for a 10-year ex- fighting, and for other purposes. tension of the assault weapons ban; to the EC–6394. A communication from the Presi- S. 1010 dent of the United States, transmitting, pur- Committee on the Judiciary. By Mr. GRASSLEY (for himself and At the request of Mr. HARKIN, the suant to law, a report relative to the Trade name of the Senator from Florida (Mr. Act of 2002; to the Committee on Finance. Mr. BAUCUS): S. 2110. A bill to amend the Internal Rev- GRAHAM) was added as a cosponsor of S. EC–6395. A communication from the Presi- enue Code of 1986 to extend the Highway dent of the United States, transmitting, pur- 1010, a bill to enhance and further re- Trust Fund provisions through March 31, suant to law, a report relative to United search into paralysis and to improve 2004, and to add the volumetric ethanol ex- rehabilitation and the quality of life States assistance for the interdiction of air- cise tax credit (VEETC), and for other pur- craft engaged in illicit drug trafficking; to poses; to the Committee on Finance. for persons living with paralysis and the Committee on Foreign Relations. other physical disabilities. f EC–6396. A communication from the Presi- S. 1034 dent of the United States, transmitting, pur- ADDITIONAL COSPONSORS At the request of Mrs. FEINSTEIN, the suant to law, a report relative to the Author- name of the Senator from Maryland ization for Use of Military Force Against S. 98 Iraq Resolution; to the Committee on For- At the request of Mr. ALLARD, the (Ms. MIKULSKI) was added as a cospon- eign Relations. name of the Senator from Illinois (Mr. sor of S. 1034, a bill to repeal the sunset DURBIN) was added as a cosponsor of S. date on the assault weapons ban, to f 98, a bill to amend the Bank Holding ban the importation of large capacity REPORTS OF COMMITTEES Company Act of 1956, and the Revised ammunition feeding devices, and for other purposes. Under the authority of the order of Statutes of the United States, to pro- the Senate of February 12, 2004, the fol- hibit financial holding companies and S. 1272 lowing reports of committees were sub- national banks from engaging, directly At the request of Mr. CORZINE, the mitted on February 18, 2004: or indirectly, in real estate brokerage name of the Senator from South Caro- or real estate management activities, lina (Mr. HOLLINGS) was added as a co- By Mr. GREGG, from the Committee on and for other purposes. sponsor of S. 1272, a bill to amend the Health, Education, Labor, and Pensions, with an amendment in the nature of a sub- S. 469 Occupational Safety and Health Act of stitute: At the request of Mr. KOHL, the name 1970 to modify the provisions relating S. 741. A bill to amend the Federal Food, of the Senator from Illinois (Mr. DUR- to citations and penalties. Drug, and Cosmetic Act with regard to new BIN) was added as a cosponsor of S. 469, S. 1277 animal drugs, and for other purposes (Rept. a bill to amend chapter 44 of title 18, At the request of Mr. BIDEN, the No. 108–226). United States Code, to require ballis- name of the Senator from Minnesota f tics testing of all firearms manufac- (Mr. DAYTON) was added as a cosponsor tured and all firearms in custody of of S. 1277, a bill to amend title I of the INTRODUCTION OF BILLS AND Federal agencies. Omnibus Crime Control and Safe JOINT RESOLUTIONS S. 557 Streets Act of 1968 to provide standards The following bills and joint resolu- At the request of Ms. COLLINS, the and procedures to guide both State and tions were introduced, read the first names of the Senator from Maine (Ms. local law enforcement agencies and law and second times by unanimous con- SNOWE) and the Senator from Arkansas enforcement officers during internal sent, and referred as indicated: (Mr. PRYOR) were added as cosponsors investigations, interrogation of law en- By Mr. ROBERTS (for himself and Mr. of S. 557, a bill to amend the Internal forcement officers, and administrative BROWNBACK): Revenue Code of 1986 to exclude from disciplinary hearings, to ensure ac- S. 2103. A bill to amend the Internal Rev- gross income amounts received on ac- countability of law enforcement offi- enue Code of 1986 to limit the deduction for count of claims based on certain un- cers, to guarantee the due process charitable contributions of patents and simi- lawful discrimination and to allow in- rights of law enforcement discipline, lar property; to the Committee on Finance. come averaging for backpay and accountability, and due process laws. By Mr. SCHUMER: frontpay awards received on account of S. 1298 S. 2104. A bill to designate the facility of the United States Postal Service located at 2 such claims, and for other purposes. At the request of Mr. AKAKA, the West Main Street in Batavia, New York, as S. 595 name of the Senator from South Da- the ‘‘Barber Conable Post Office Building’’; At the request of Mr. HATCH, the kota (Mr. DASCHLE) was added as a co- to the Committee on Governmental Affairs. name of the Senator from Wyoming sponsor of S. 1298, a bill to amend the

VerDate jul 14 2003 02:30 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.036 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1519 Farm Security and Rural Investment pose of obtaining mental health serv- are legally present in the United States Act of 2002 to ensure the humane ices for those children. to return temporarily to the country of slaughter of non-ambulatory livestock, S. 1726 citizenship of the alien if that country and for other purposes. At the request of Mr. ALEXANDER, the is engaged in post-conflict reconstruc- S. 1335 names of the Senator from Alabama tion, and for other purposes. At the request of Mr. GRASSLEY, the (Mr. SESSIONS) and the Senator from S. 2011 names of the Senator from Nebraska Mississippi (Mr. COCHRAN) were added At the request of Mr. HAGEL, the (Mr. NELSON) and the Senator from as cosponsors of S. 1726, a bill to reduce name of the Senator from Nebraska Virginia (Mr . ALLEN) were added as co- the preterm labor and delivery and the (Mr. NELSON) was added as a cosponsor sponsors of S. 1335, a bill to amend the risk of pregnancy-related deaths and of S. 2011, a bill to convert certain tem- Internal Revenue Code of 1986 to allow complications due to pregnancy, and to porary Federal district judgeships to individuals a deduction for qualified reduce infant mortality caused by pre- permanent judgeships, and for other long-term care insurance premiums, maturity. purposes. S. 2020 use of such insurance under cafeteria S. 1840 At the request of Mrs. BOXER, the plans and flexible spending arrange- At the request of Mr. CONRAD, the name of the Senator from New Mexico ments, and a credit for individuals with name of the Senator from Arkansas (Mr. BINGAMAN) was added as a cospon- long-term care needs. (Mrs. LINCOLN) was added as a cospon- sor of S. 2020, a bill to prohibit, con- S. 1374 sor of S. 1840, a bill to amend the Food sistent with Roe v. Wade, the inter- At the request of Mr. DURBIN, the Security Act of 1985 to encourage own- ference by the government with a wom- name of the Senator from Washington ers and operations of privately-held an’s right to choose to bear a child or (Ms. CANTWELL) was added as a cospon- farm and ranch land to voluntarily terminate a pregnancy, and for other sor of S. 1374, a bill to provide health make their land available for access by purposes. care professionals with immediate re- the public under programs adminis- S. 2056 lief from increased medical mal- tered by States. At the request of Mr. BROWNBACK, the practice insurance costs and to deal S. 1873 with the root causes of the current names of the Senator from Nevada (Mr. At the request of Mr. DASCHLE, the ENSIGN), the Senator from Kansas (Mr. medical malpractice insurance crisis. name of the Senator from Massachu- ROBERTS), the Senator from Arizona S. 1380 setts (Mr. KENNEDY) was added as a co- (Mr. KYL), the Senator from Alabama At the request of Mr. SMITH, the sponsor of S. 1873, a bill to require em- (Mr. SESSIONS), the Senator from Ne- name of the Senator from Colorado ployees at a call center who either ini- braska (Mr. HAGEL) and the Senator (Mr. CAMPBELL) was added as a cospon- tiate or receive telephone calls to dis- from Georgia (Mr. MILLER) were added sor of S. 1380, a bill to distribute uni- close the physical location of such em- as cosponsors of S. 2056, a bill to in- versal service support equitably ployees, and for other purposes. crease the penalties for violations by throughout rural America, and for S. 1902 television and radio broadcasters of the other purposes. At the request of Mr. REED, the name prohibitions against transmission of S. 1392 of the Senator from Maryland (Ms. MI- obscene, indecent, and profane lan- At the request of Mr. HARKIN, the KULSKI) was added as a cosponsor of S. guage. name of the Senator from Massachu- 1902, a bill to establish a National Com- S. 2061 setts (Mr. KENNEDY) was added as a co- mission on Digestive Diseases. At the request of Mrs. DOLE, her sponsor of S. 1392, a bill to amend the S. 1916 name was added as a cosponsor of S. Richard B. Russell National School At the request of Ms. LANDRIEU, the 2061, a bill to improve women’s health Lunch Act to improve the nutrition of names of the Senator from South Da- access to health care services and pro- students served under child nutrition kota (Mr. JOHNSON), the Senator from vide improved medical care by reduc- programs. California (Mrs. BOXER), the Senator ing the excessive burden the liability S. 1393 from New York (Mrs. CLINTON), the system places on the delivery of obstet- At the request of Mr. HARKIN, the Senator from New Jersey (Mr. rical and gynecological services. At the request of Mr. ENSIGN, the name of the Senator from South Da- CORZINE), and the Senator from South names of the Senator from Wyoming kota (Mr. DASCHLE) was added as a co- Dakota (Mr. DASCHLE) were added as (Mr. THOMAS), the Senator from Ohio sponsor of S. 1393, a bill to amend the cosponsors of S. 1916, a bill to amend (Mr. VOINOVICH), the Senator from Ken- Richard B. Russell National School title 10, United States Code, to increase tucky (Mr. BUNNING), the Senator from Lunch Act to reauthorize and expand the minimum Survivor Benefit Plan Tennessee (Mr. ALEXANDER), the Sen- the fruit and vegetable pilot program. basic annuity for surviving spouses age ator from Nebraska (Mr. HAGEL), the S. 1466 62 and older, to provide for a one-year Senator from Alabama (Mr. SESSIONS), At the request of Ms. MURKOWSKI, the open season under that plan, and for the Senator from Utah (Mr. HATCH), name of the Senator from Alaska (Mr. other purposes. the Senator from Illinois (Mr. FITZ- STEVENS) was added as a cosponsor of S. 1948 GERALD) and the Senator from Wyo- S. 1466, a bill to facilitate the transfer At the request of Mr. REID, the name ming (Mr. ENZI) were added as cospon- of land in the State of Alaska, and for of the Senator from New Jersey (Mr. sors of S. 2061, supra. other purposes. CORZINE) was added as a cosponsor of S. S. 2065 S. 1597 1948, a bill to provide that service of At the request of Mr. JOHNSON, the At the request of Mr. ALLEN, the the members of the organization name of the Senator from Louisiana name of the Senator from Illinois (Mr. known as the United States Cadet (Ms. LANDRIEU) was added as a cospon- DURBIN) was added as a cosponsor of S. Nurse Corps during World War II con- sor of S. 2065, a bill to restore health 1597, a bill to provide mortgage pay- stituted active military service for care coverage to retired members of ment assistance for employees who are purposes of laws administered by the the uniformed services, and for other separated from employment. Secretary of Veterans Affairs. purposes. S. 1704 S. 1949 S. 2090 At the request of Ms. COLLINS, the At the request of Mr. BIDEN, the At the request of Mr. DASCHLE, the name of the Senator from Oregon (Mr. names of the Senator from Connecticut names of the Senator from Indiana SMITH) was added as a cosponsor of S. (Mr. LIEBERMAN), the Senator from (Mr. BAYH) and the Senator from Mary- 1704, a bill to amend the Public Health New Mexico (Mr. BINGAMAN), the Sen- land (Mr. SARBANES) were added as co- Service Act to establish a State family ator from Nebraska (Mr. HAGEL), and sponsors of S. 2090, a bill to amend the support grant program to end the prac- the Senator from New Jersey (Mr. Worker Adjustment and Retraining No- tice of parents giving legal custody of CORZINE) were added as cosponsors of S. tification Act to provide protections their seriously emotionally disturbed 1949, a bill to establish The Return of for employees relating to the children to State agencies for the pur- Talent Program to allow aliens who offshoring of jobs.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.039 S24PT1 S1520 CONGRESSIONAL RECORD — SENATE February 24, 2004 S. 2092 Mr. LAUTENBERG. Mr. President, I $3.5 trillion to the world’s economy in At the request of Mr. ALLEN, the rise to introduce the Coastal Restora- 2001. In the United States, nearly 17 name of the Senator from Alabama tion Act of 2004 for myself and Senator million people are employed in the (Mr. SESSIONS) was added as a cospon- CORZINE. Since 1995, the Federal beach tourism industry. sor of S. 2092, a bill to address the par- nourishment program has been a reg- Beaches are the leading tourist des- ticipation of Taiwan in the World ular target of the White House Office of tination in the Nation. Each year Health Organization. Management and Budget, OMB. Under about 180 million Americans make 2 S. 2093 two separate administrations there billion visits to the ocean, the Gulf, At the request of Mrs. HUTCHISON, the have been at least five efforts to radi- and our inland beaches. That is almost name of the Senator from Nevada (Mr. cally change or terminate the program. twice as many visits as those made to ENSIGN) was added as a cosponsor of S. The 1996, Congress passed the Shore State and national parks and wilder- 2093, a bill to maintain full marriage Protection Act as Section 227 of the ness areas combined. In its ‘‘State of tax penalty relief for 2005. Water Resources Development Act of the Beach 2003’’ report the Surfrider S. 2096 1996. That legislation was the first Foundation states that tourist expend- At the request of Mr. LUGAR, the statement by Congress since 1946 of its itures in 16 of our coastal States name of the Senator from Washington intent that the Nation needed an ongo- topped $104 billion. (Ms. CANTWELL) was added as a cospon- ing Federal beach nourishment pro- My home State, New Jersey, has 127 sor of S. 2096, a bill to promote a free gram. Unfortunately, that has not miles of shoreline and we are proud of press and open media through the Na- stopped OMB from trying to change every mile. A significant portion of our tional Endowment for Democracy and Federal policies by making budget pro- tourism industry, which generates $10 for other purposes. posals that would cripple the program. billion a year, is due to our beaches. I The Coastal Restoration Act, CRA, S. 2099 know many of my colleagues in the restates the congressional intent re- At the request of Mr. MILLER, the Senate have similar situations in their garding the importance of the Federal name of the Senator from Washington States. beach nourishment program. The CRA (Mrs. MURRAY) was added as a cospon- Our beaches also provide vital habi- makes it clear that changes in admin- sor of S. 2099, a bill to amend title 38, tat for numerous species of plants, and istration policy will not prevent feasi- United States Code, to provide entitle- for animals such as claims, snails, and bility and other types of studies from ment to educational assistance under crabs. Every time a wave hits the shore being processed through the Corps of the Montgomery GI Bill for members of it brings nutrients and oxygen to sup- Engineers and sent to Congress. The the Selected Reserve who aggregate port the tiny but necessary life forms legislation emphasizes the role of Con- more than 2 years of active duty serv- that live there. gress in determining which beach nour- ice in any five year period, and for Not to be overlooked are the peace ishment projects should be authorized other purposes. and relaxation that a day, or week, at for construction. It also re-states and the beach can provide. The poet Lord S. 2100 strengthens existing law that periodic At the request of Mr. MILLER, the Byron put it so exquisitely nearly two renourishment is an integral part of hundred years ago when he wrote: name of the Senator from Washington the ongoing construction of a beach (Mrs. MURRAY) was added as a cospon- There is a rapture on the lonely shore, nourishment project. There is a society, where none intrudes, sor of S. 2100, a bill to amend title 10 This bill states the intent of Con- United States Code, to increase the By the deep sea, and music in its roar: gress that preference shall be given to I love not man the less, but Nature more. amounts of educational assistance for areas 1, where there has been a pre- The shore’s economic, environ- members of the Selected Reserve, and vious investment of federal funds; 2, mental, and aesthetic benefits are for other purposes. where regional sediment management truly limitless. That is why I am intro- S. CON. RES. 8 plans have been adopted to integrate ducing the Coastal Restoration Act of At the request of Ms. COLLINS, the coastal beach nourishment, navigation, 2004. My legislation will revitalize the name of the Senator from Colorado and environmental projects; 3, where Federal beach nourishment program by (Mr. ALLARD) was added as a cosponsor there is a need to prevent or mitigate placing beach nourishment projects on of S. Con. Res. 8, a concurrent resolu- damage to shores, beaches, and other a par with other Army Corps projects, tion designating the second week in coastal infrastructure where that dam- and assigning recreational benefits the May each year as ‘‘National Visiting age is caused at least in part by Fed- same priority as storm damage protec- Nurse Association Week’’. eral activities; or 4, where the project tion and environmental restoration, S. CON. RES. 81 promotes human health and safety as correcting the inequities in our current At the request of Mrs. FEINSTEIN, the well as the quality of life for individ- practices. names of the Senator from Louisiana uals and families. This recognizes that Since the 1980s, when medical waste, (Ms. LANDRIEU), the Senator from Con- a primary purpose for establishing the sewage, and garbage began washing up necticut (Mr. DODD), the Senator from Federal beach nourishment program in on the Jersey shore I have been work- Missouri (Mr. TALENT) and the Senator 1946 was the promotion of public recre- ing hard to protect and nurture our from Alabama (Mr. SHELBY) were added ation. as cosponsors of S. Con. Res. 81, a con- My bill will also raise the low pri- beaches. I wrote the Ocean Dumping current resolution expressing the deep ority now accorded by the U.S. Army Act of 1988, which ended ocean dumping concern of Congress regarding the fail- Corps to the recreational benefits of of sewage sludge and industry waste. ure of the Islamic Republic of Iran to beach nourishment, giving equal con- And I have led the fight to ban oil and adhere to its obligations under a safe- sideration to all national projects. It gas drilling off the Jersey shore. We guards agreement with the Inter- also establishes the cost share for have made a lot of progress since the national Atomic Energy Agency and beach nourishment projects whose pri- 1980s, but our work is far from over. the engagement by Iran in activities mary net benefit is recreational at the I ask unanimous consent the text of that appear to be designed to develop same level of Federal cost share par- my bill be printed in the RECORD fol- nuclear weapons. ticipation as it applies to storm dam- lowing my remarks. There being no objection, the bill was f age and environmental restoration beach nourishment projects. Congress ordered to be printed in the RECORD, as STATEMENTS ON INTRODUCED retains the prerogative to authorize follows: BILLS AND JOINT RESOLUTIONS the project and appropriate funds based S. 2105 By Mr. LAUTENBERG (for him- on the Corps’ report findings. Be it enacted by the Senate and House of Rep- self and Mr. CORZINE): These changes are needed to protect resentatives of the United States of America in S. 2105. A bill to improve the Federal and restore our beaches as the national Congress assembled, shore protection program; to the Com- treasure they are. According to a re- SECTION 1. SHORT TITLE. mittee on Environment and Public cent study, travel and tourism is the This Act may be cited as the ‘‘Coastal Res- Works. world’s largest industry, contributing toration Act of 2004’’.

VerDate jul 14 2003 02:30 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.041 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1521 SEC. 2. FEDERAL AID IN RESTORATION AND PRO- ‘‘(A) includes— beach protection projects the plans for which TECTION OF SHORES AND BEACHES. ‘‘(i) a zone that excludes permanent human have been approved by the Chief of Engi- The first section of the Act entitled ‘‘An habitation; or neers; and Act authorizing Federal participation in the ‘‘(ii) a recreational beach or other area de- ‘‘(II) report to Congress on the feasibility cost of protecting the shores of publicly termined by the Chief of Engineers; of other projects that have been studied owned property’’, approved August 13, 1946 ‘‘(B) satisfies adequate criteria for con- under subparagraph (A) but have not been (33 U.S.C. 426e), is amended to read as fol- servation and development of the natural re- approved by the Chief of Engineers. lows: sources of the environment; and ‘‘(ii) CONSIDERATIONS.—In approving a ‘‘SECTION 1. FEDERAL AID IN RESTORATION AND ‘‘(C) extends landward a sufficient distance project plan, the Chief of Engineers shall PROTECTION OF SHORES AND to include, as approved by the Chief of Engi- consider the economic and ecological bene- BEACHES. neers— fits of the shore or beach protection project. ‘‘(a) DECLARATION OF POLICY.— ‘‘(i) protective dunes, bluffs, or other nat- ‘‘(C) COORDINATION OF PROJECTS.—In con- ‘‘(1) POLICY.—It is the policy of the United ural features; ducting studies and making recommenda- States to promote shore and beach protec- ‘‘(ii) such other appropriate measures tions for a shore or beach protection project tion projects and related research that en- adopted by the State or political subdivision under this paragraph, the Secretary shall— courages the protection, restoration, and en- of the State to protect uplands areas from ‘‘(i) determine whether there is any other hancement of shores, sandy beaches, and damage, promote public recreation, or pro- project being carried out by the Secretary or other coastal infrastructure on a comprehen- tect environmental resources; or other Federal agency that may be com- sive and coordinated basis by Federal, State, ‘‘(iii) appropriate facilities for public use. plementary to the shore or beach protection and local governments and private persons. ‘‘(5) RECOMMENDATIONS.— project; and ‘‘(2) PURPOSES.—The purposes of this Act ‘‘(A) IN GENERAL.—In recommending to ‘‘(ii) if there is such a complementary are— Congress projects for Federal participation, project, undertake efforts to coordinate the ‘‘(A) to restore and maintain the shores, the Secretary shall recommend projects for projects. beaches, and other coastal resources of the the restoration and protection of shores and ‘‘(3) SHORE AND BEACH PROTECTION United States (including territories and pos- beaches that promote equally all national PROJECTS.— sessions); and economic development benefits and pur- ‘‘(A) IN GENERAL.—The Secretary shall con- ‘‘(B) to promote the healthful recreation of struct any shore or beach protection project the people of the United States. poses, including recreation, hurricane and storm damage reduction, and environmental authorized by Congress, or separable element ‘‘(3) PRIORITY.—In carrying out this Act, of such a project, for which Congress has ap- preference shall be given to areas— restoration. propriated funds. ‘‘(A) in which there has been a previous in- ‘‘(B) REPORT.—The Secretary shall— ‘‘(B) AGREEMENTS.— vestment of Federal funds; ‘‘(i) identify projects that maximize net ‘‘(i) REQUIREMENT.—After authorization by ‘‘(B) where regional sediment management benefits for national purposes; and Congress, before the commencement of con- plans have been adopted; ‘‘(ii) submit to Congress a report that de- struction of a shore or beach protection ‘‘(C) with respect to which the need for pre- scribes the findings of the Secretary. ‘‘(d) PERIODIC BEACH NOURISHMENT.—In this project or separable element, the Secretary vention or mitigation of damage to shores, Act, when the most suitable and economical shall offer to enter into a written agreement beaches, and other coastal infrastructure is remedial measures, as determined by the for the authorized period of Federal partici- attributable to Federal navigation projects Chief of Engineers, would be provided by pation in the project with a non-Federal in- or other Federal activities; or periodic beach nourishment, the term ‘con- terest with respect to the project or sepa- ‘‘(D) that promote— struction’ shall include the deposit of sand rable element. ‘‘(i) human health and safety; and fill at suitable intervals of time to furnish ‘‘(ii) TERMS.—The agreement shall— ‘‘(ii) the quality of life for individuals and sand supply to protect shores and beaches for ‘‘(I) specify the authorized period of Fed- families. a period of time specified by the Chief of En- ‘‘(b) IMPLEMENTATION.—The Secretary shall eral participation in the project; and gineers and authorized by Congress. pay the Federal share of the cost of carrying ‘‘(II) ensure that the Federal Government ‘‘(e) PRIVATE SHORES AND BEACHES.— out shore and beach protection projects and and the non-Federal interest cooperate in ‘‘(1) IN GENERAL.—A shore or beach, other related research that encourages the protec- carrying out the project or separable ele- than a public shore or beach, shall be eligible tion, restoration, and enhancement of ment. for Federal assistance under this Act if— shores, sandy beaches, and other coastal in- ‘‘(g) EXTENSION OF THE PERIOD OF FEDERAL frastructure (including projects for beach ‘‘(A) there is a benefit to a public shore or PARTICIPATION.—At the request of a non-Fed- restoration, periodic beach nourishment, and beach, including a benefit from public use or eral interest, the Secretary, acting through restoration or protection of State, county, or from the protection of nearby public prop- the Chief of Engineers and with the approval other shores, public coastal beaches, parks, erty; or of Congress, shall extend the period of Fed- conservation areas, or other environmental ‘‘(B) the benefits to the shore or beach are eral participation in a beach nourishment resources). incidental to the project. project that is economically feasible, ‘‘(c) FEDERAL SHARE.— ‘‘(2) FEDERAL SHARE.—The Secretary shall engineeringly sound, and environmentally ‘‘(1) IN GENERAL.—Subject to paragraphs (2) adjust the Federal share of a project for a acceptable for such additional period as the through (4), the Federal share of the cost of shore or beach, other than a public shore or Secretary determines appropriate. a project described in subsection (b) shall be beach, to reflect the benefits described in ‘‘(h) SPECIAL CONSIDERATIONS.—In a case in determined in accordance with section 103 of paragraph (1). which funds have been appropriated to the the Water Resources Development Act of ‘‘(f) AUTHORIZATION OF PROJECTS.— Corps of Engineers for a specific project but 1986 (33 U.S.C. 2213). ‘‘(1) IN GENERAL.—Subject to paragraph (2), the funds cannot be expended because of the time limits of environmental permits or ‘‘(2) EXCEPTION.—In the case of a project no Federal share shall be provided for a for beach erosion control the primary pur- project under this Act unless— similar environmental considerations, the pose of which is recreation, the Federal ‘‘(A) the plan for that project has been spe- Secretary may carry over such funds for use in the next fiscal year if construction of the share shall be equal to the Federal share for cifically adopted and authorized by Congress project, or a separable element of the a beach erosion control project the primary after investigation and study; or project, will cause minimal environmental purpose of which is storm damage protection ‘‘(B) in the case of a small project under damage and will not violate an environ- or environmental restoration. sections 3 or 5, the plan for that project has mental permit.’’. ‘‘(3) REMAINDER.— been approved by the Chief of Engineers. ‘‘(2) STUDIES.— ‘‘(A) IN GENERAL.—Subject to subparagraph By Mr. BUNNING (for himself, (B), the remainder of the cost of the con- ‘‘(A) IN GENERAL.—The Secretary shall— struction of a project described in subsection ‘‘(i) recommend to Congress studies con- Mr. MILLER, Mr. ALEXANDER, (b) shall be paid by a State, municipality, cerning shore and beach protection projects and Mr. HATCH): other political subdivision, nonprofit entity, that meet the criteria established under this S. 2106. A bill to amend the Internal or private enterprise. Act and other applicable law; Revenue Code of 1986 to provide capital ‘‘(B) EXCEPTION.—The Federal Government ‘‘(ii) conduct such studies as Congress re- gains treatment for certain self-cre- shall bear all of the costs incurred for the quests; and ated musical works; to the Committee restoration and protection of Federal prop- ‘‘(iii) report the results of all studies re- on Finance. erty. quested by Congress to the Committee on Mr. ALEXANDER. Mr. President, I ‘‘(4) GREATER FEDERAL SHARE.—In the case Environment and Public Works of the Senate applaud Senator BUNNING for intro- of a project described in subsection (b) for and the Committee on Transportation and ducing the bill to amend the Internal the restoration and protection of a State, Infrastructure of the House of Representa- county, or other publicly-owned shore, coast- tives. Revenue Code of 1986 to provide capital al beach, park, conservation area, or other ‘‘(B) RECOMMENDATIONS FOR SHORE AND gains treatment for certain self-cre- environmental resource, the Chief of Engi- BEACH PROTECTION PROJECTS.— ated musical works, and I am proud to neers may increase the Federal share to be ‘‘(i) IN GENERAL.—The Secretary shall— be a co-sponsor of this bill. greater than that provided in paragraph (1) if ‘‘(I) recommend to Congress the authoriza- This bill will make songwriters eligi- the area— tion or reauthorization of all shore and ble for the capital gains tax rate when

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.052 S24PT1 S1522 CONGRESSIONAL RECORD — SENATE February 24, 2004 they sell their portion of a song cata- when I was working as Assistant Coun- committed by mentally ill individuals. logue. It treats the taxation of song- ty Prosecuting Attorney in Greene Fundamentally, mental health courts writers fairly so that they are on equal County, OH, and then as County Pros- enable State and local courts to offer footing with musical publishers. Many ecutor. What I learned then—and what alternative sentences or alternatives to songwriters are self-employed small I have continued to encounter through- prosecution for those offenders who business owners, but they are distin- out my career in public service—is that could be served best by mental health guishable from other similar small our State and local correctional facili- services. These courts are designed to business owners, such as authors, be- ties have become way stations for far address the historic lack of coordina- cause the rate of pay for songwriters is too many mentally ill individuals in tion between local law enforcement set by the Federal Government. our Nation. and social service systems and the lack Historically, almost all professional A recent Justice Department study of interaction within the criminal jus- songwriters assigned their copyright to revealed that 16 percent of all inmates tice system. a music publisher. As a result, the in America’s State prisons and local To deal with the separate needs of songwriters did not own the song or re- jails today are mentally ill. The Amer- mentally ill offenders, these mental ceive any royalty payments from the ican Jails Association estimates that health courts are staffed by a core song. The songwriters did not own the 600,000 to 700,000 seriously mentally ill group of specialized professionals, in- copyright, and therefore, were not re- persons each year are booked into local cluding a dedicated judge, prosecutor, quired to participate in any expenses jails, alone. In Ohio, nearly 1 in 5 pris- public defender, and court liaison to toward exploiting it. oners need psychiatric services or spe- the mental health services community. Currently, songwriters and music cial accommodations. The courts promote efficiency and con- publishers are equal, joint-venture Far too many of our Nation’s men- sistency by centrally managing all out- business partners. The publisher serves tally ill persons have ended up in our standing cases involving a mentally ill as the songwriter’s agent in getting prisons and jails. In fact, on any given defendant referred to the mental songs recorded or placed, otherwise day, the Los Angeles County Jail is health court. known as ‘‘co-publishing.’’ Under this home to more mentally ill inmates Mental health court judges decide scenario, the songwriter and publisher than the largest mental health care in- whether or not to hear each case re- equally share expenses of, among other stitution in our country. What happens ferred to them. The courts only deal things, demos costs and legal fees, and is that all too often, the mentally ill with defendants deemed mentally ill by they equally share in any royalty in- act out their symptoms on the streets. qualified mental health professionals come. Alternatively, the songwriter is They are arrested for minor offenses or the mental health court judge. Simi- the music publisher and bears all of the and wind up in jail. They serve their larly, participation in the court by the expenses of, among other things, demo sentences or are paroled, but find mentally ill is voluntary; however, costs and legal fees. Under the first themselves right back in the system once the defendant volunteers for the scenario, the songwriter is subject to only a short time later after commit- Mental Health Court, he or she is ex- ordinary income tax, rather than cap- ting additional—often more serious— pected to follow the decision of the ital gains tax, despite the fact that the crimes. court. For instance, in any given case, sale of the song catalogue was actually Throughout this destructive cycle, the mental health court judge, attor- a capital gain and should have been law enforcement and corrections spend neys, and health services liaison may taxed at a lower rate. A capital gain is time and money trying to cope with all agree on a plan of treatment as an the result of a sale of a capital asset. the unique problems posed by these in- alternative sentence or in lieu of pros- Clearly, a song catalog is a capital gain dividuals. Certainly, many mentally ill ecution. The defendant must adhere because it is an asset of the songwriter. offenders must be incarcerated because strictly to this court-imposed treat- Under current law, music publishers of the severity of their crimes. How- ment plan. The court must then pro- are eligible for the capital gains tax ever, those who commit very minor vide supervision with periodic review. rate when they sell their portion of a non-violent offenses don’t necessarily This way, the court can quickly deal song catalogue, but songwriters are need to be incarcerated; instead, if with any failure of the defendant to not. When the publishing rights or the given appropriate care early, their ill- fulfill the treatment plan obligations. song catalogue is sold, music-pub- nesses could be addressed, helping the The mental health courts provide su- lishing companies are allowed to claim offenders, while reducing recidivism pervision of participants that is more the capital gains tax rate on their por- and decreasing the burdens on our po- intensive than might otherwise be tion of the sale. However, because the lice and corrections officials. available, with an emphasis on ac- songwriter wrote the song, they must That’s why, four years ago Senator countability and monitoring the par- pay ordinary income tax on their share DOMENICI and I introduced America’s ticipant’s performance. In this sense, of the same sale even though they Law Enforcement and Mental Health the mental health courts function share in expenses toward exploiting the Project, to begin to identify—early in similarly to drug courts. copyright. the process—mentally ill offenders Mr. President, mentally ill persons I am proud to be a cosponsor of this within our justice system and to use who choose to have their cases heard in bill because it levels the tax playing the power of the courts to assist them a mental health court often do so be- field between songwriters and music in obtaining the treatment they need. cause that is the first real opportunity publishers. This program has been a success. In that many of these people have to seek pilot programs around the country, treatment. A judicial program offering By Mr. DEWINE (for himself, Mr. mental health courts have begun to the possibility of effective treatment— LEAHY, and Mr. DOMENICI): help local communities take steps to- rather than jail time—gives a measure S. 2107. A bill to authorize an annual ward effectively addressing the issues of hope and a chance for rehabilitation appropriations of $10,000,000 for mental raised by the mentally ill in our justice to these defendants. health courts through fiscal year 2009; system, and these steps must continue. The successes of mental health to the Committee on the Judiciary. That’s why Senators LEAHY and courts are encouraging and show that Mr. DEWINE. Mr. President, I rise DOMENICI join me in cosponsoring this we can improve the health and safety today to introduce a bill that would re- bill to reauthorize this important pro- of our communities through these pro- authorize America’s Law Enforcement gram. grams. For example, in Ohio, the Fair- and Mental Health Project. This pro- America’s Law Enforcement and field Municipal Mental Health Court gram addresses the impact that men- Mental Health Project established a began its program on January 1, 2001. tally ill offenders have had on our Federal grant program to help States Of those participating in the Fairfield criminal justice system and the impact and localities develop mental health program, 46 percent are bipolar, 42 per- the system has had on the offenders courts in their jurisdictions. These cent suffer from depression, and 13 per- and their special needs. courts are specialized courts with sepa- cent are schizophrenic. It recently con- My interest in, and experience with rate dockets. They hear cases exclu- ducted its first ‘‘graduation’’ ceremony this issue began over thirty years ago, sively involving nonviolent offenses of program participants. The program’s

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.048 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1523 first graduate came to them hostile, nesses. Sixty percent of overweight healthy and address risk factors like uncommunicative, and unable to func- youth already have at least one risk obesity and mental health that are as- tion in society due to her bipolar mood factor for heart disease which is the sociated with the rising medical and fi- disorder. Two years later, she left the No. 1 killer of adults in the U.S. Obe- nancial costs of chronic illnesses. The program confident, talkative, sity also causes or contributes to $117 common thread will be an emphasis on healthier, and reconnected to her fam- billion a year in health care and re- preventing unnecessary disease and ill- ily and her life. lated costs, more than half borne by ness. Many jurisdictions across America taxpayers. have established mental health courts There is no single solution to the By Mrs. FEINSTEIN (for herself, as a result of the program that we es- complex problem of obesity, but we Mr. WARNER, Mr. SCHUMER, Mr. tablished four years ago. Our Nation’s must start taking meaningful steps to DEWINE, Mr. LEVIN, Mr. communities are trying desperately to address this growing problem by giving CHAFEE, Mr. DODD, Mr. JEF- find the best way to cope with the people the tools necessary to live FORDS, Mrs. BOXER, Mrs. CLIN- problems associated with mental ill- healthier lifestyles. That is why my TON, Mr. REED, and Mr. LAUTEN- ness. Law enforcement agencies and colleagues and I are introducing this BERG): S. 2109. A bill to provide for a 10-year correctional facilities remain chal- bill today to extend nutrition labeling extension of the assault weapons ban; lenged by difficulties posed by mental beyond packaged foods to include foods to the Committee on the Judiciary. illnesses. Mental health courts offer a at chain restaurants with 20 or more Mrs. FEINSTEIN. Mr. President, I solution. locations, as well as food in vending rise on behalf of myself and Senators Mental health courts have shown machines. This common-sense idea will WARNER, SCHUMER, DEWINE, LEVIN, great success, and we must ensure give consumers a needed tool to make CHAFEE, DODD, JEFFORDS, BOXER, CLIN- their continuation. Our Nation has wiser choices and achieve a healthier TON, REED and LAUTENBERG to offer long been enriched by the dual ideals of lifestyle. It is a positive step toward legislation that will reauthorize the compassion and justice, and these pro- addressing the obesity epidemic. 1994 assault weapons ban—which is now grams are a wonderful embodiment of In 1990, Congress passed the Nutrition set to expire on September 13, 2004—for both ideals. I urge my colleagues to Labeling and Education Act, NLEA, re- another ten years. join in support of this important legis- quiring food manufacturers to provide I would first like to thank my coura- lation. nutrition information on nearly all geous colleague from Virginia, Senator I ask unanimous consent that the packaged foods. The impact has been WARNER, for joining me in this effort. text of the bill be printed in the tremendous. Not only do nearly three- Senator WARNER voted against the as- RECORD. quarters of adults use the food labels sault weapons ban in 1994. There being no objection, the bill was on packaged foods, but studies indicate But this year, Senator WARNER was ordered to be printed in the RECORD, as that consumers who read labels have willing to revisit his position on the follows: healthier diets. issue. He saw that—contrary to the S. 2107 Restaurants, which are more and fears of many in 1994—the ban has done Be it enacted by the Senate and House of Rep- more important to Americans’ diet and nothing to hurt innocent gun owners. resentatives of the United States of America in health, were excluded from the NLEA. Instead, the ban has only made it hard- Congress assembled, American adults and children consume er for criminals to get access to mili- SECTION 1. AUTHORIZATION OF APPROPRIA- a third of their calories at restaurants tary style firearms. A willingness to TIONS. at the very time when nutrition and look at issues like this with an open Section 1001(a)(20) of title I of the Omnibus health experts say that rising caloric mind, particularly this issue, shows a Crime Control and Safe Streets Act of 1968 consumption and growing portion sizes courage and a commitment to making (42 U.S.C. 3793(a)(20)) is amended by striking the right decisions that should be emu- ‘‘fiscal years 2001 through 2004’’ and inserting are causes of obesity. We also know ‘‘fiscal years 2004 through 2009’’. that when children eat in restaurants, lated by all public servants, and I want they consume twice as many calories to again thank Senator WARNER for By Mr. HARKIN (for himself, Mr. as when they eat at home. Consumers this. KENNEDY, Mr. LIEBERMAN, and say that they would like nutrition in- Second, I would like to speak about Mrs. CANTWELL): formation provided when they order who else supports this legislation. S. 2108. A bill to amend the Federal their food at restaurants, yet, while Those who join us in supporting a re- Food, Drug, and Cosmetic Act to en- they have good nutrition information authorization of the assault weapons ban include: Fraternal Order of Police; sure that consumers receive informa- in supermarkets, at restaurants they National League of Cities; United tion about the nutritional content of can only guess. restaurant food and vending machine Vending machine food sales also States Conference of Mayors; National Association of Counties; International food; to the Committee on Health, Edu- plays a large role in contributing to Association of Chiefs of Police; Na- cation, Labor, and Pensions. the diets of Americans. Over the last tional Association of Police Organiza- Mr. HARKIN. Mr. President, I rise to three decades vending machine sales tions; International Brotherhood of Po- introduce a bill, the Menu Education have shot up eighty-five percent after lice Officers; U.S. Conference of Catho- and Labeling Act, on behalf of myself inflation. Most vending machine sales lic Bishops; National Education Asso- and my colleagues, Senators KENNEDY, include foods of low nutritional value. ciation; Americans for Gun Safety; The LIEBERMAN and CANTWELL. The Menu Education and Labeling Act Brady Campaign/Million Mom March; More than 65 percent of American will require fast-food and other chain NAACP; American Bar Association; adults are overweight, and more than restaurants, as well as vending ma- and the list goes on, and on. 30 percent are clinically obese. We lead chines, to list basic nutritional infor- More than ten years ago—on July 1, the world in this dubious distinction, mation clearly—so consumers can 1993—Gian Luigi Ferri walked into 101 which is growing worse. In the past 20 make better choices about the foods California Street in San Francisco car- years, obesity rates have doubled that they eat. rying two high-capacity TEC–9 assault among American adults and children, Let there be no doubt: obesity is in- pistols. Within minutes, Ferri had mur- while they have tripled among teens. If deed an epidemic, and it is continuing dered eight people, and six others were we do not change course, kids attend- to grow. This is a public health crisis wounded. This tragedy shook San ing school today will be the first gen- and we must address it. Although this Francisco, and it shook the entire Na- eration in American history to live a bill alone will not halt rising obesity in tion. shorter lifespan than their parents. its tracks, it provides consumers with The American people saw in that in- The issue is far from merely cos- an important tool with which to make cident and so many others that came metic. It is medical and economic. The better choices about the food that they before and after it the incredible de- obesity epidemic has huge con- and their children consume. struction that could be inflicted with sequences. Overweight people have an In the coming weeks I will be offering military-style assault weapons—weap- increased risk of diabetes, cardio- additional initiatives to give Ameri- ons designed and manufactured with vascular disease, cancers and other ill- cans the tools they need to stay one goal in mind—maximum lethality.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.055 S24PT1 S1524 CONGRESSIONAL RECORD — SENATE February 24, 2004 It all started, really, on August 1, church event, all by a man with two That is what we are doing with this 1966, when Charlie Whitman climbed guns and 9 high capacity clips, with a legislation—reauthorizing the current the clock tower at the University of capacity of 15 rounds each. law. Period. Texas and killed more than a dozen Recognizing the earliest of these I know the President agrees with me people in an hour and a half shooting shootings as a problem that needed to when I say that I don’t believe that spree before he was finally killed him- be dealt with, Congress finally took no- banned guns like the AK–47, the TEC–9, self. tice in 1993. In the aftermath of the 101 or the Street Sweeper should once The day Whitman climbed that tower California shooting, we in Congress did again be manufactured or imported was the first time Americans realized something that no one had succeeded into the United States. These are mili- that they could become the random in doing before—we banned the manu- tary guns, with no purpose but the kill- victims of gun violence no matter facture and importation of military- ing of other human beings. They have where they were, and no matter what style assault weapons. pistol grips and other features designed they were doing. We were told it could not be done— solely to allow the weapons to be more What made the Texas shooting so but we did it. I was even told by col- easily concealed, and more easily fired terrible was the total inability of law leagues on my own side of the aisle from the hip in close quarters combat— enforcement to get to Charlie Whitman that I was wasting my time—that the or, tragically, in places like the school- until he had been firing shots for al- gun lobby was just too strong. I hear yard in Stockton, where five children most 96 minutes. The tower allowed many of the same arguments today. died, the McDonalds in San Ysidro, the him to do this. The tower made him, at But we succeeded in 1994, and we will law firm at 101 California Street in San least for that amount of time, invin- succeed this year. We succeeded, and Francisco, Columbine High School, or cible. we will succeed, because the American so many other places where maniacs But gunmen no longer need the pro- people will accept no less of us. with their military guns were able to tection of clock towers, because they The goal of the 1994 legislation was shoot large numbers of people in short to drive down the supply of these weap- now have assault weapons. periods of time. We saw in the Columbine shooting, in ons and to make them more difficult to That is why I believe that Congress the Long Island Rail Road shooting, obtain, and to eventually get them off should reauthorize the 1994 law, which our streets. And in the years following and so many others, that high capacity expires next September 13. And that is the enactment of the ban, crimes using assault weapons can make those who undoubtedly why the President also assault weapons were indeed reduced wield them temporarily invincible to supports our efforts. dramatically—in fact, the percentage law enforcement, because it is so dif- I know there will be some who will of crimes using banned assault weapons ficult to get close to the shooter. say that the current law doesn’t go far fell by more than 65 percent between It is often only when a gunman stops enough—and frankly, I agree. I would 1995 and 2002. to reload that bystanders or the police prefer to expand the ban to California can move in to stop the shooting. And The ATF has found that the propor- tion of banned assault weapons used in law, so that we prohibit the copycat as- if the gun’s magazine holds hundreds of sault weapons that manufacturers so bullets, that could take a long time, crime has fallen from 3.57 percent in 1995 to just 1.22 percent by 2002. Now cravenly designed following the ban. and result in a lot of deaths. Senator LAUTENBERG has introduced This is vitally important, because these are not big percentages—most crimes are not committed by assault legislation to do this, and I co-spon- grievance killings by disgruntled mem- sored that bill. Ideally, we would pass bers of society have taken an increas- weapons. But it is important to note that legislation that fully prevents craven ing number of lives in recent years. crimes committed with assault weap- manufacturers from circumventing the And when those grievance killers wield ons often result in many more deaths ban. high capacity weapons, the toll on lives than crimes committed with other But in an environment where the is exponentially increased. NRA has such a stranglehold on gun The grievance killings have been guns. A simple robbery with a handgun is far less likely to result in multiple legislation, we will need all the help we across the Nation, in every forum: In a deaths than a drive-by shooting with can get just to keep the current ban. San Ysidro, CA, McDonald’s in 1984, an Uzi, or a grievance killing in a The current ban has been effective in when a gunman with an Uzi killed 21 school using an AK–47 with a large ca- limiting the supply of these most dan- and wounded 15 others. In Stockton, pacity ammunition magazine. gerous guns. Even the copycat guns are CA, in 1989, when drifter Patrick Purdy And contrary to the near-hysterical less dangerous, because they are harder walked into a schoolyard with an AK– rhetoric coming from the NRA at the to conceal, harder to fire from the hip. 47 and killed 5, wounding 30 others. In time, no innocent gun owner lost an as- And no matter whether the ban has Long Island, NY, in 1993, when a gun- sault weapon. No gun was confiscated been entirely effective or not, what is man killed 6 and wounded 19 others on as a result of the ban. The sky did not the argument for letting these banned a commuter train—he was only fall. And life went on—but it went on guns back on the streets? brought down when he finally stopped with fewer grievance killers, juveniles, Who is clamoring for newly manufac- to reload. In Pearl, MS, in 1997 when 2 and drive-by shooters having access to tured AK–47s? students killed. In Paducah, KY, in 1998 the most dangerous of firearms. Who is clamoring for new TEC–9s? when 3 students were killed. In Despite these results, House Majority These are guns that are never used Jonesboro, AR, in 1998 when 5 were Leader TOM DELAY said last year that for hunting. They are not used for self killed, and 10 more wounded. In Spring- House Republicans will let the Assault defense, and if they are it is more like- field, OR, in 1998 when 2 were killed, Weapons ban die when it sunsets after ly that they will kill innocents than and 22 wounded. In Littleton, CO, when ten years. intruders. 12 teens and one teacher were killed in To those of us who have been in Con- These guns—and everyone knows it— Columbine High School. In Atlanta, GA gress for some time, this comes as lit- have but one purpose, and that purpose in 1999 when a troubled day trader tle surprise—after all, the House actu- is to kill other human beings. Why killed his wife, 2 children and several ally voted to repeal the original as- would we want to open the floodgates people trading stocks. At a Granada sault weapons ban soon after it was again and let them back on our Hills, CA, Jewish Community Center signed into law. streets? There is simply no good rea- when a gunman wounded three and But the good news is that the Presi- son. killed a Filipino-American postal dent of the United States does support This debate should not be about worker—many of us remember that one reauthorizing the ban. whether the assault weapons ban is touching photo of small children being In April of last year, White House perfect. This debate should be about quickly led across the street to escape spokesman Scott McClellan said of the whether these guns need to come the gunfire. No child should have to go assault weapons ban, ‘‘The president back—and the American people know through that. At a Fort Worth, TX, supports the current law, and he sup- that they do not. Baptist church where seven were killed ports reauthorization of the current With the President, law enforcement, and seven more wounded at a teens law.’’ and the American people behind us, we

VerDate jul 14 2003 02:43 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.065 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1525 can succeed. We can beat the NRA’s other major law enforcement organiza- Mr. GRASSLEY. Mr. President, I ask narrow, special interest agenda and tion, and in addition to the endorse- unanimous consent that the text of the keep these guns off the streets. ments of chiefs of police all across Vir- bill be printed in the RECORD. I urge my colleagues to read the doz- ginia. There being no objection, the bill was ens of editorials in support of the ban, Now, admittedly, I have not always ordered to be printed in the RECORD, as to listen to their constituents, to ask been a supporter of the Assault Weap- follows: us questions, and to make the only de- ons Ban. When the ban legislation Be it enacted by the Senate and House of Rep- cision that makes sense—to support came before the United States Senate resentatives of the United States of America in this bill. for a vote in 1993, I opposed it. At the Congress assembled, I ask unanimous consent that the time, I believed Senator FEINSTEIN’s SECTION 1. SHORT TITLE. text of the bill be printed in the legislation would do nothing to help re- This Act may be cited as the ‘‘Surface RECORD. duce crime in this country, and I be- Transportation Extension Act of 2004’’. There being no objection, the bill was lieved it would be a back door way to SEC. 2. EXTENSION OF AUTHORIZATION FOR USE ordered to be printed in the RECORD, as take firearms out of the hands of law OF TRUST FUNDS FOR OBLIGATIONS UNDER TEA–21. follows: abiding gun-owners and hunters. (a) HIGHWAY TRUST FUND.— S. 2109 Ten years have since passed from the (1) IN GENERAL.—Paragraph (1) of section Be it enacted by the Senate and House of Rep- day of that vote. Over the course of 9503(c) of the Internal Revenue Code of 1986 is resentatives of the United States of America in those ten years, I have watched the bill amended— Congress assembled, be signed into law, and I have watched (A) in the matter before subparagraph (A), SECTION 1. SHORT TITLE. its implementation. I have studied the by striking ‘‘March 1, 2004’’ and inserting This Act may be cited as the ‘‘Assault law and its affect on crime, and I have ‘‘April 1, 2004’’, Weapons Ban Reauthorization Act of 2004’’. watched carefully to see how it affects (B) by striking ‘‘or’’ at the end of subpara- graph (E), SEC. 2. 10-YEAR EXTENSION OF ASSAULT WEAP- law abiding gun-owners. ONS BAN. (C) by striking the period at the end of sub- Section 110105 of the Public Safety and Based on the ten years of history of paragraph (F) and inserting ‘‘, or’’, Recreational Firearms Use Protection Act the Assault Weapons Ban, my thoughts (D) by inserting after subparagraph (F), (18 U.S.C. 921 note) is amended to read as fol- on the ban have evolved. the following new subparagraph: lows: Ten years of experience provides us ‘‘(G) authorized to be paid out of the High- ‘‘SEC. 110105. SUNSET PROVISION. with key facts. The Assault Weapons way Trust Fund under the Surface Transpor- ‘‘This subtitle and the amendments made Ban has helped to dramatically reduce tation Extension Act of 2004.’’, and by this subtitle are repealed September 13, the number of crimes using assault (E) in the matter after subparagraph (G), 2014.’’. weapons. It has made America’s streets as added by this paragraph, by striking Mr. WARNER. Mr. President, I rise ‘‘Surface Transportation Extension Act of safer, and it has protected the rights of 2003’’ and inserting ‘‘Surface Transportation today in support of reauthorizing the law abiding gun-owners better than Extension Act of 2004’’. Assault Weapons Ban. many of us predicted. In fact, the law (2) MASS TRANSIT ACCOUNT.—Paragraph (3) Signed into law in 1994, the Assault explicitly protects 670 hunting and rec- of section 9503(e) of such Code is amended— Weapons Ban placed a 10-year prohibi- reational rifles. (A) in the matter before subparagraph (A), tion on the domestic manufacture of Moreover, we all know that the world by striking ‘‘March 1, 2004’’ and inserting semi-automatic assault weapons and has dramatically changed since that ‘‘April 1, 2004’’, high capacity ammunition clips. The Senate vote in 1993. September 11, 2001, (B) in subparagraph (C), by striking ‘‘or’’ at the end of such subparagraph, 10-year ban ends on September 13, 2004. has forever changed our country and Consequently, unless Congress and the (C) in subparagraph (D), by inserting ‘‘or’’ has taught us many lessons. at the end of such subparagraph, President act prior to September 13, No longer is America protected by (D) by inserting after subparagraph (D) the 2004, weapons like Uzis and AK–47s will the great oceans. The war on terror is following new subparagraph: once again be produced in America, and not only being fought abroad, but now ‘‘(E) the Surface Transportation Extension more and more often, these weapons here at home. September 11 showed us Act of 2004,’’, and will fall into the hands of criminals that terrorism lurks in the shadows of (E) in the matter after subparagraph (E), who lurk in our neighborhoods. our own backyard. Given the world as added by this paragraph, by striking ‘‘Surface Transportation Extension Act of For a number of years now, President today, now is not the time to make it Bush has indicated that he supports re- 2003’’ and inserting ‘‘Surface Transportation easier for terrorists to acquire deadly Extension Act of 2004’’. authorizing the assault weapons ban. rapid fire assault weapons and use (3) EXCEPTION TO LIMITATION ON TRANS- To date, though, no legislation has them in our neighborhoods. FERS.—Subparagraph (B) of section 9503(b)(5) been introduced in the Senate to ac- Now, over my 25 years plus in the of such Code is amended by striking ‘‘March complish the President’s goal. While United States Senate, I have always 1, 2004’’ and inserting ‘‘April 1, 2004’’. measures have been introduced to tried to stand up for what is right, re- (b) AQUATIC RESOURCES TRUST FUND.— make the ban permanent or to even ex- gardless of politics. I believe that is (1) SPORT FISH RESTORATION ACCOUNT.— Paragraph (2) of section 9504(b) of the Inter- pand the ban further, no legislation has why the good people of the Common- been introduced to simply reauthorize nal Revenue Code of 1986 is amended by wealth of Virginia have given me their striking ‘‘Surface Transportation Extension the Assault Weapons Ban for another trust and elected me to represent them Act of 2003’’ each place it appears and insert- ten years. in the United States Senate for five ing ‘‘Surface Transportation Extension Act I am pleased today to introduce, with terms. of 2004’’. Senator FEINSTEIN, legislation that I know that reauthorizing the As- (2) BOAT SAFETY ACCOUNT.—Subsection (c) models exactly what the President has sault Weapons Ban is the right thing to of section 9504 of such Code is amended— indicated he would sign into law: a do. (A) by striking ‘‘March 1, 2004’’ and insert- ing ‘‘April 1, 2004’’, and straight 10-year reauthorization of the I am pleased to join Senator FEIN- (B) by striking ‘‘Surface Transportation Assault Weapons Ban. STEIN in introducing this legislation, Not only does President Bush support Extension Act of 2003’’ and inserting ‘‘Sur- and it is my hope that the Senate will face Transportation Extension Act of 2004’’. this legislation—law enforcement does act expeditiously and send this legisla- (3) EXCEPTION TO LIMITATION ON TRANS- as well. The men and women of law en- tion to President Bush to sign into law. FERS.—Paragraph (2) of section 9504(d) of forcement know that this legislation such Code is amended by striking ‘‘March 1, makes communities safer. In a letter By Mr. GRASSLEY (for himself 2004’’ and inserting ‘‘April 1, 2004’’. dated February 18, 2004, the Grand and Mr. BAUCUS): (c) EFFECTIVE DATE.—The amendments Lodge of the Fraternal Order of Police S. 2110. A bill to amend the Internal made by this section shall take effect on the writes, ‘‘It is the position of the Grand Revenue Code of 1986 to extend the date of the enactment of this Act. Lodge that we will support the reau- Highway Trust Fund provisions (d) TEMPORARY RULE REGARDING ADJUST- MENTS.—During the period beginning on the thorization of current law, but we will through March 31, 2004, and to add the date of the enactment of the Surface Trans- not support any expansion of the ban.’’ volumetric ethanol excise tax credit portation Extension Act of 2003 and ending This endorsement comes in addition to (VEETC), and for other purposes; to on March 31, 2004, for purposes of making any the endorsement of just about every the Committee on Finance estimate under section 9503(d) of the Internal

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.065 S24PT1 S1526 CONGRESSIONAL RECORD — SENATE February 24, 2004

Revenue Code of 1986 of receipts of the High- ‘‘(2) APPLICABLE AMOUNT.—For purposes of (5) Section 4041(b)(2)(B) of such Code is way Trust Fund, the Secretary of the Treas- this subsection— amended by striking ‘‘a substance other than ury shall treat— ‘‘(A) IN GENERAL.—Except as provided in petroleum or natural gas’’ and inserting (1) each expiring provision of paragraphs subparagraph (B), the applicable amount is ‘‘coal (including peat)’’. (1) through (4) of section 9503(b) of such Code 50 cents. (6) Paragraph (1) of section 4041(k) of such which is related to appropriations or trans- ‘‘(B) AMOUNT FOR AGRI-BIODIESEL.—In the Code is amended to read as follows: fers to such Fund to have been extended case of any biodiesel which is agri-biodiesel, ‘‘(1) IN GENERAL.—Under regulations pre- through the end of the 24-month period re- the applicable amount is $1.00. scribed by the Secretary, in the case of the ferred to in section 9503(d)(1)(B) of such Code, ‘‘(3) BIODIESEL MIXTURE.—For purposes of sale or use of any liquid at least 10 percent and this section, the term ‘biodiesel mixture’ of which consists of alcohol (as defined in (2) with respect to each tax imposed under means a mixture of biodiesel and diesel fuel section 6426(b)(4)(A)), the rate of the tax im- the sections referred to in section 9503(b)(1) (as defined in section 4083(a)(3)), determined posed by subsection (c)(1) shall be the com- of such Code, the rate of such tax during the without regard to any use of kerosene, parable rate under section 4091(c).’’. 24-month period referred to in section which— (7) Section 4081 of such Code is amended by 9503(d)(1)(B) of such Code to be the same as ‘‘(A) is sold by the taxpayer producing such striking subsection (c). the rate of such tax as in effect on the date mixture to any person for use as a fuel, (8) Paragraph (2) of section 4083(a) of such of the enactment of the Surface Transpor- ‘‘(B) is used as a fuel by the taxpayer pro- Code is amended to read as follows: tation Extension Act of 2003. ducing such mixture, or ‘‘(2) GASOLINE.—The term ‘gasoline’— SEC. 3. ALCOHOL AND BIODIESEL EXCISE TAX ‘‘(C) is removed from the refinery by a per- ‘‘(A) includes any gasoline blend, other CREDIT AND EXTENSION OF ALCO- son producing such mixture. than qualified methanol or ethanol fuel (as HOL FUELS INCOME TAX CREDIT. ‘‘(4) CERTIFICATION FOR BIODIESEL.—No defined in section 4041(b)(2)(B)), partially ex- (a) IN GENERAL.—Subchapter B of chapter credit shall be allowed under this section un- empt methanol or ethanol fuel (as defined in 65 of the Internal Revenue Code of 1986 (re- less the taxpayer obtains a certification (in section 4041(m)(2)), or a denatured alcohol, lating to rules of special application) is such form and manner as prescribed by the and amended by inserting after section 6425 the Secretary) from the producer of the biodiesel ‘‘(B) includes, to the extent prescribed in following new section: which identifies the product produced and regulations— the percentage of biodiesel and agri-biodiesel ‘‘SEC. 6426. CREDIT FOR ALCOHOL FUEL AND BIO- ‘‘(i) any gasoline blend stock, and DIESEL MIXTURES. in the product. ‘‘(ii) any product commonly used as an ad- ‘‘(5) OTHER DEFINITIONS.—Any term used in ‘‘(a) ALLOWANCE OF CREDITS.—There shall ditive in gasoline (other than alcohol). this subsection which is also used in section be allowed as a credit against the tax im- For purposes of subparagraph (B)(i), the term posed by section 4081 an amount equal to the 40A shall have the meaning given such term by section 40A. ‘gasoline blend stock’ means any petroleum sum of— product component of gasoline.’’. ‘‘(6) TERMINATION.—This subsection shall ‘‘(1) the alcohol fuel mixture credit, plus (9) Section 6427 of such Code is amended by ‘‘(2) the biodiesel mixture credit. not apply to any sale, use, or removal for any period after December 31, 2006. inserting after subsection (d) the following ‘‘(b) ALCOHOL FUEL MIXTURE CREDIT.— ‘‘(d) MIXTURE NOT USED AS A FUEL, ETC.— new subsection: ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘(e) ALCOHOL OR BIODIESEL USED TO ‘‘(1) IMPOSITION OF TAX.—If— tion, the alcohol fuel mixture credit is the ‘‘(A) any credit was determined under this PRODUCE ALCOHOL FUEL AND BIODIESEL MIX- product of the applicable amount and the section with respect to alcohol or biodiesel TURES OR USED AS FUELS.—Except as pro- number of gallons of alcohol used by the tax- used in the production of any alcohol fuel vided in subsection (k)— payer in producing any alcohol fuel mixture mixture or biodiesel mixture, respectively, ‘‘(1) USED TO PRODUCE A MIXTURE.—If any for sale or use in a trade or business of the and person produces a mixture described in sec- taxpayer. ‘‘(B) any person— tion 6426 in such person’s trade or business, ‘‘(2) APPLICABLE AMOUNT.—For purposes of ‘‘(i) separates the alcohol or biodiesel from the Secretary shall pay (without interest) to this subsection— the mixture, or such person an amount equal to the alcohol ‘‘(A) IN GENERAL.—Except as provided in ‘‘(ii) without separation, uses the mixture fuel mixture credit or the biodiesel mixture subparagraph (B), the applicable amount is other than as a fuel, credit with respect to such mixture. 52 cents (51 cents in the case of any sale or ‘‘(2) USED AS FUEL.—If alcohol (as defined use after 2004). then there is hereby imposed on such person in section 40(d)(1)) or biodiesel (as defined in ‘‘(B) MIXTURES NOT CONTAINING ETHANOL.— a tax equal to the product of the applicable section 40A(d)(1)) or agri-biodiesel (as defined In the case of an alcohol fuel mixture in amount and the number of gallons of such al- in section 40A(d)(2)) which is not in a mix- which none of the alcohol consists of eth- cohol or biodiesel. ture described in section 6426— anol, the applicable amount is 60 cents. ‘‘(2) APPLICABLE LAWS.—All provisions of ‘‘(A) is used by any person as a fuel in a ‘‘(3) ALCOHOL FUEL MIXTURE.—For purposes law, including penalties, shall, insofar as ap- trade or business, or of this subsection, the term ‘alcohol fuel plicable and not inconsistent with this sec- ‘‘(B) is sold by any person at retail to an- mixture’ means a mixture of alcohol and a tion, apply in respect of any tax imposed other person and placed in the fuel tank of taxable fuel which— under paragraph (1) as if such tax were im- such person’s vehicle, ‘‘(A) is sold by the taxpayer producing such posed by section 4081 and not by this section. ‘‘(e) COORDINATION WITH EXEMPTION FROM the Secretary shall pay (without interest) to mixture to any person for use as a fuel, such person an amount equal to the alcohol ‘‘(B) is used as a fuel by the taxpayer pro- EXCISE TAX.—Rules similar to the rules under section 40(c) shall apply for purposes credit (as determined under section 40(b)(2)) ducing such mixture, or or the biodiesel credit (as determined under ‘‘(C) is removed from the refinery by a per- of this section.’’. (b) REGISTRATION REQUIREMENT.—Section section 40A(b)(2)) with respect to such fuel. son producing such mixture. 4101(a) of the Internal Revenue Code of 1986 ‘‘(3) COORDINATION WITH OTHER REPAYMENT ‘‘(4) OTHER DEFINITIONS.—For purposes of (relating to registration) is amended by in- PROVISIONS.—No amount shall be payable this subsection— serting ‘‘and every person producing or im- under paragraph (1) with respect to any mix- ‘‘(A) ALCOHOL.—The term ‘alcohol’ includes porting biodiesel (as defined in section ture with respect to which an amount is al- methanol and ethanol but does not include— 40A(d)(1)) or alcohol (as defined in section lowed as a credit under section 6426. ‘‘(i) alcohol produced from petroleum, nat- 6426(b)(4)(A))’’ after ‘‘4081’’. ‘‘(4) TERMINATION.—This subsection shall ural gas, or coal (including peat), or (c) ADDITIONAL AMENDMENTS.— not apply with respect to— ‘‘(ii) alcohol with a proof of less than 190 (1) Section 40(c) of the Internal Revenue ‘‘(A) any alcohol fuel mixture (as defined (determined without regard to any added de- Code of 1986 is amended by striking ‘‘section in section 6426(b)(3)) or alcohol (as so de- naturants). 4081(c), or section 4091(c)’’ and inserting ‘‘sec- fined) sold or used after December 31, 2010, Such term also includes an alcohol gallon tion 4091(c), section 6426, section 6427(e), or and equivalent of ethyl tertiary butyl ether or section 6427(f)’’. ‘‘(B) any biodiesel mixture (as defined in other ethers produced from such alcohol. (2) Section 40(d)(4)(B) of such Code is section 6426(c)(3)) or biodiesel (as so defined) ‘‘(B) TAXABLE FUEL.—The term ‘taxable amended by striking ‘‘or 4081(c)’’. or agri-biodiesel (as so defined) sold or used fuel’ has the meaning given such term by (3) Section 40(e)(1) of such Code is amend- after December 31, 2006.’’. section 4083(a)(1). ed— (10) Subsection (f) of section 6427 of such ‘‘(5) TERMINATION.—This subsection shall (A) by striking ‘‘2007’’ in subparagraph (A) Code is amended to read as follows: not apply to any sale, use, or removal for and inserting ‘‘2010’’, and ‘‘(f) AVIATION FUEL USED TO PRODUCE CER- any period after December 31, 2010. (B) by striking ‘‘2008’’ in subparagraph (B) TAIN ALCOHOL FUELS.— ‘‘(c) BIODIESEL MIXTURE CREDIT.— and inserting ‘‘2011’’. ‘‘(1) IN GENERAL.—Except as provided in ‘‘(1) IN GENERAL.—For purposes of this sec- (4) Section 40(h) of such Code is amended— subsection (k), if any aviation fuel on which tion, the biodiesel mixture credit is the prod- (A) by striking ‘‘2007’’ in paragraph (1) and tax was imposed by section 4091 at the reg- uct of the applicable amount and the number inserting ‘‘2010’’, and ular tax rate is used by any person in pro- of gallons of biodiesel used by the taxpayer (B) by striking ‘‘, 2006, or 2007’’ in the table ducing a mixture described in section in producing any biodiesel mixture for sale contained in paragraph (2) and inserting 4091(c)(1)(A) which is sold or used in such or use in a trade or business of the taxpayer. ‘‘through 2010’’. person’s trade or business, the Secretary

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.057 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1527 shall pay (without interest) to such person (E) as subparagraphs (B), (C), and (D), respec- ‘‘(ii) is sold by the taxpayer at retail to a an amount equal to the excess of the regular tively. person and placed in the fuel tank of such tax rate over the incentive tax rate with re- (18) The table of sections for subchapter B person’s vehicle. spect to such fuel. of chapter 65 of such Code is amended by in- ‘‘(B) USER CREDIT NOT TO APPLY TO BIO- ‘‘(2) DEFINITIONS.—For purposes of para- serting after the item relating to section 6425 DIESEL SOLD AT RETAIL.—No credit shall be graph (1)— the following new item: allowed under subparagraph (A)(i) with re- ‘‘(A) REGULAR TAX RATE.—The term ‘reg- ‘‘Sec. 6426. Credit for alcohol fuel and spect to any biodiesel which was sold in a re- ular tax rate’ means the aggregate rate of biodiesel mixtures.’’. tail sale described in subparagraph (A)(ii). ‘‘(3) CREDIT FOR AGRI-BIODIESEL.—In the tax imposed by section 4091 determined with- (19) TARIFF SCHEDULE.—Headings 9901.00.50 out regard to subsection (c) thereof. and 9901.00.52 of the Harmonized Tariff case of any biodiesel which is agri-biodiesel, ‘‘(B) INCENTIVE TAX RATE.—The term ‘in- Schedule of the United States (19 U.S.C. 3007) paragraphs (1)(A) and (2)(A) shall be applied centive tax rate’ means the aggregate rate of are each amended in the effective period col- by substituting ‘$1.00’ for ‘50 cents’. tax imposed by section 4091 with respect to umn by striking ‘‘10/1/2007’’ each place it ap- ‘‘(4) CERTIFICATION FOR BIODIESEL.—No fuel described in subsection (c)(2) thereof. pears and inserting ‘‘1/1/2011’’. credit shall be allowed under this section un- ‘‘(3) COORDINATION WITH OTHER REPAYMENT (d) EFFECTIVE DATES.— less the taxpayer obtains a certification (in such form and manner as prescribed by the PROVISIONS.—No amount shall be payable (1) IN GENERAL.—Except as otherwise pro- under paragraph (1) with respect to any avia- vided in this subsection, the amendments Secretary) from the producer or importer of tion fuel with respect to which an amount is made by this section shall apply to fuel sold the biodiesel which identifies the product produced and the percentage of biodiesel and payable under subsection (d) or (l). or used after September 30, 2004. agri-biodiesel in the product. ‘‘(4) TERMINATION.—This subsection shall (2) REGISTRATION REQUIREMENT.—The ‘‘(c) COORDINATION WITH CREDIT AGAINST not apply with respect to any mixture sold amendment made by subsection (b) shall EXCISE TAX.—The amount of the credit de- take effect on April 1, 2005. or used after September 30, 2007.’’. termined under this section with respect to (3) EXTENSION OF ALCOHOL FUELS CREDIT.— (11) Paragraphs (1) and (2) of section 6427(i) any biodiesel shall be properly reduced to The amendments made by paragraphs (3), (4), of such Code are amended by inserting ‘‘(f),’’ take into account any benefit provided with and (19) of subsection (c) shall take effect on after ‘‘(d),’’. respect to such biodiesel solely by reason of the date of the enactment of this Act. (12) Section 6427(i)(3) of such Code is the application of section 6426 or 6427(e). (4) REPEAL OF GENERAL FUND RETENTION OF amended— ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For (A) by striking ‘‘subsection (f)’’ both places CERTAIN ALCOHOL FUELS TAXES.—The amend- purposes of this section— ments made by subsection (c)(15) shall apply it appears in subparagraph (A) and inserting ‘‘(1) BIODIESEL.—The term ‘biodiesel’ ‘‘subsection (e)(1)’’, to fuel sold or used after September 30, 2003. means the monoalkyl esters of long chain (e) FORMAT FOR FILING.—The Secretary of (B) by striking ‘‘gasoline, diesel fuel, or fatty acids derived from plant or animal the Treasury shall describe the electronic matter which meet— kerosene used to produce a qualified alcohol format for filing claims described in section ‘‘(A) the registration requirements for mixture (as defined in section 4081(c)(3))’’ in 6427(i)(3)(B) of the Internal Revenue Code of fuels and fuel additives established by the subparagraph (A) and inserting ‘‘a mixture 1986 (as amended by subsection (c)(12)(C)) not Environmental Protection Agency under sec- described in section 6426’’, later than September 30, 2004. (C) by adding at the end of subparagraph tion 211 of the Clean Air Act (42 U.S.C. 7545), SEC. 4. BIODIESEL INCOME TAX CREDIT. and (A) the following new flush sentence: (a) IN GENERAL.—Subpart D of part IV of ‘‘(B) the requirements of the American So- ‘‘In the case of an electronic claim, this sub- subchapter A of chapter 1 of the Internal ciety of Testing and Materials D6751. paragraph shall be applied without regard to Revenue Code of 1986 (relating to business re- ‘‘(2) AGRI-BIODIESEL.—The term ‘agri-bio- clause (i).’’, lated credits) is amended by inserting after diesel’ means biodiesel derived solely from (D) by striking ‘‘subsection (f)(1)’’ in sub- section 40 the following new section: virgin oils, including esters derived from vir- paragraph (B) and inserting ‘‘subsection ‘‘SEC. 40A. BIODIESEL USED AS FUEL. gin vegetable oils from corn, soybeans, sun- ‘‘(a) GENERAL RULE.—For purposes of sec- (e)(1)’’, flower seeds, cottonseeds, canola, crambe, tion 38, the biodiesel fuels credit determined (E) by striking ‘‘20 days of the date of the rapeseeds, safflowers, flaxseeds, rice bran, under this section for the taxable year is an filing of such claim’’ in subparagraph (B) and and mustard seeds, and from animal fats. amount equal to the sum of— inserting ‘‘45 days of the date of the filing of ‘‘(3) MIXTURE OR BIODIESEL NOT USED AS A ‘‘(1) the biodiesel mixture credit, plus such claim (20 days in the case of an elec- FUEL, ETC.— ‘‘(2) the biodiesel credit. tronic claim)’’, and ‘‘(A) MIXTURES.—If— ‘‘(b) DEFINITION OF BIODIESEL MIXTURE (F) by striking ‘‘ALCOHOL MIXTURE’’ in the ‘‘(i) any credit was determined under this heading and inserting ‘‘ALCOHOL FUEL AND CREDIT AND BIODIESEL CREDIT.—For purposes of this section— section with respect to biodiesel used in the BIODIESEL MIXTURE’’. production of any qualified biodiesel mix- ‘‘(1) BIODIESEL MIXTURE CREDIT.— (13) Section 6427(o) of such Code is amend- ture, and ed— ‘‘(A) IN GENERAL.—The biodiesel mixture credit of any taxpayer for any taxable year ‘‘(ii) any person— (A) by striking paragraph (1) and inserting is 50 cents for each gallon of biodiesel used ‘‘(I) separates the biodiesel from the mix- the following new paragraph: by the taxpayer in the production of a quali- ture, or ‘‘(1) any tax is imposed by section 4081, fied biodiesel mixture. ‘‘(II) without separation, uses the mixture and’’, other than as a fuel, ‘‘(B) QUALIFIED BIODIESEL MIXTURE.—The (B) by striking ‘‘such gasohol’’ in para- term ‘qualified biodiesel mixture’ means a then there is hereby imposed on such person graph (2) and inserting ‘‘the alcohol fuel mix- mixture of biodiesel and diesel fuel (as de- a tax equal to the product of the rate appli- ture (as defined in section 6426(b)(3))’’, fined in section 4083(a)(3)), determined with- cable under subsection (b)(1)(A) and the (C) by striking ‘‘gasohol’’ both places it ap- out regard to any use of kerosene, which— number of gallons of such biodiesel in such pears in the matter following paragraph (2) ‘‘(i) is sold by the taxpayer producing such mixture. and inserting ‘‘alcohol fuel mixture’’, and mixture to any person for use as a fuel, or ‘‘(B) BIODIESEL.—If— (D) by striking ‘‘GASOHOL’’ in the heading ‘‘(ii) is used as a fuel by the taxpayer pro- ‘‘(i) any credit was determined under this and inserting ‘‘ALCOHOL FUEL MIXTURE’’. ducing such mixture. section with respect to the retail sale of any (14) Section 9503(b)(1) of such Code is ‘‘(C) SALE OR USE MUST BE IN TRADE OR biodiesel, and amended by adding at the end the following BUSINESS, ETC.—Biodiesel used in the produc- ‘‘(ii) any person mixes such biodiesel or new flush sentence: tion of a qualified biodiesel mixture shall be uses such biodiesel other than as a fuel, ‘‘For purposes of this paragraph, taxes re- taken into account— then there is hereby imposed on such person ceived under sections 4041 and 4081 shall be ‘‘(i) only if the sale or use described in sub- a tax equal to the product of the rate appli- determined without reduction for credits paragraph (B) is in a trade or business of the cable under subsection (b)(2)(A) and the under section 6426.’’. taxpayer, and number of gallons of such biodiesel. (15) Section 9503(b)(4) of such Code is ‘‘(ii) for the taxable year in which such ‘‘(C) APPLICABLE LAWS.—All provisions of amended— sale or use occurs. law, including penalties, shall, insofar as ap- (A) by adding ‘‘or’’ at the end of subpara- ‘‘(D) CASUAL OFF-FARM PRODUCTION NOT ELI- plicable and not inconsistent with this sec- graph (C), GIBLE.—No credit shall be allowed under this tion, apply in respect of any tax imposed (B) by striking the comma at the end of section with respect to any casual off-farm under subparagraph (A) or (B) as if such tax subparagraph (D)(iii) and inserting a period, production of a qualified biodiesel mixture. were imposed by section 4081 and not by this and ‘‘(2) BIODIESEL CREDIT.— chapter. (C) by striking subparagraphs (E) and (F). ‘‘(A) IN GENERAL.—The biodiesel credit of ‘‘(4) PASS-THRU IN THE CASE OF ESTATES AND (16) Section 9503(c)(2)(A)(i)(III) of such Code any taxpayer for any taxable year is 50 cents TRUSTS.—Under regulations prescribed by is amended by inserting ‘‘(other than sub- for each gallon of biodiesel which is not in a the Secretary, rules similar to the rules of section (e) thereof)’’ after ‘‘section 6427’’. mixture with diesel fuel and which during subsection (d) of section 52 shall apply. (17) Section 9503(e)(2) of such Code is the taxable year— ‘‘(e) TERMINATION.—This section shall not amended by striking subparagraph (B) and ‘‘(i) is used by the taxpayer as a fuel in a apply to any sale or use after December 31, by redesignating subparagraphs (C), (D), and trade or business, or 2006.’’.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.057 S24PT1 S1528 CONGRESSIONAL RECORD — SENATE February 24, 2004 (b) CREDIT TREATED AS PART OF GENERAL S. 1354, to resolve certain conveyances mittee on Energy and Natural Re- BUSINESS CREDIT.—Section 38(b) of the Inter- and provide for alternative land selec- sources be authorized to meet during nal Revenue Code of 1986 (relating to current tions under the Alaska Native Claims the session of the Senate on Tuesday, year business credit) is amended by striking Settlement Act related to Cape Fox February 24, 2004, at 10 a.m. to receive ‘‘plus’’ at the end of paragraph (14), by strik- ing the period at the end of paragraph (15) Corporation and Sealaska Corporation, testimony concerning the reliability of and inserting ‘‘, plus’’, and by adding at the and for other purposes; S. 1575 and H.R. the Nation’s electricity grid. Specifi- end the following new paragraph: 1092, to direct the Secretary of Agri- cally, the recommendations in the Feb- ‘‘(16) the biodiesel fuels credit determined culture to sell certain parcels of Fed- ruary 10th North American Reliability under section 40A(a).’’. eral land in Carson City and Douglas Council Report Regarding the August (c) CONFORMING AMENDMENTS.— County, Nevada; S. 1778, to authorize a 14th blackout will be reviewed and im- (1) Section 39(d) of the Internal Revenue land conveyance between the United plementation of the proposed solutions Code of 1986 is amended by adding at the end States and the City of Craig, Alaska, will be discussed. the following new paragraph: The PRESIDING OFFICER. Without ‘‘(11) NO CARRYBACK OF BIODIESEL FUELS and for other purposes; S. 1819 and H.R. objection, it is so ordered. CREDIT BEFORE EFFECTIVE DATE.—No portion 272, to direct the Secretary of Agri- of the unused business credit for any taxable culture to convey certain land to Land- COMMITTEE ON FOREIGN RELATIONS year which is attributable to the biodiesel er County, Nevada, and the Secretary Mr. MCCONNELL. Mr. President, I fuels credit determined under section 40A of the Interior to convey certain land ask unanimous consent that the Com- may be carried back to a taxable year ending to Eureka County, Nevada, for contin- mittee on Foreign Relations be author- on or before September 30, 2004.’’. ued use as cemeteries; and H.R. 3249, to ized to meet during the session of the (2)(A) Section 87 of such Code is amended extend the term of the Forest Counties Senate on Tuesday, February 24, 2004, to read as follows: Payments Committee. at 2:30 p.m. to hold a hearing on The ‘‘SEC. 87. ALCOHOL AND BIODIESEL FUELS CRED- Because of the limited time available Middle East: Rethinking the Road Map. ITS. The PRESIDING OFFICER. Without ‘‘Gross income includes— for the hearing, witnesses may testify ‘‘(1) the amount of the alcohol fuels credit by invitation only. However, those objection, it is so ordered. determined with respect to the taxpayer for wishing to submit written testimony COMMITTEE ON GOVERNMENTAL AFFAIRS the taxable year under section 40(a), and for the hearing record should send two Mr. MCCONNELL. Mr. President, I ‘‘(2) the biodiesel fuels credit determined copies of their testimony to the Com- ask unanimous consent that the Com- with respect to the taxpayer for the taxable mittee on Energy and Natural Re- mittee on Governmental Affairs be au- year under section 40A(a).’’. sources, United States Senate, Wash- thorized to meet on Tuesday, February (B) The item relating to section 87 in the 24, 2004, at 10 p.m. for a hearing titled table of sections for part II of subchapter B ington, D.C. 20510–6150. of chapter 1 of such Code is amended by For further information, please con- ‘‘Preserving a Strong United States striking ‘‘fuel credit’’ and inserting ‘‘and tact Frank Gladics at 202–224–2878. Postal Service: Workforce Issues.’’ biodiesel fuels credits’’. COMMITTEE ON AGRICULTURE, NUTRITION AND The PRESIDING OFFICER. Without (3) Section 196(c) of such Code is amended FORESTRY objection, it is so ordered. by striking ‘‘and’’ at the end of paragraph Mr. COCHRAN. Mr. President, I COMMITTEE ON VETERANS’ AFFAIRS (9), by striking the period at the end of para- would like to announce that the Com- Mr. MCCONNELL. Mr. President, I graph (10) and inserting ‘‘, and’’, and by add- mittee on Agriculture, Nutrition, and ask unanimous consent that the Com- ing at the end the following new paragraph: Forestry Subcommittee on Marketing, mittee on Veterans’ Affairs be author- ‘‘(11) the biodiesel fuels credit determined ized to meet during the session of the under section 40A(a).’’. Inspection, and Product Promotion (4) The table of sections for subpart D of will meet on March 4, 2004 in SH–216, Senate on Tuesday, February 24, 2004, part IV of subchapter A of chapter 1 of such Hart Senate Office Building at 2:00 p.m. for a joint hearing with the House of Code is amended by adding after the item re- The purpose of this subcommittee Representatives’ Committee on Vet- lating to section 40 the following new item: hearing is to discuss the development erans’ Affairs, to hear the legislative ‘‘Sec. 40A. Biodiesel used as fuel.’’. of a national animal identification presentation of the Disabled American plan. Veterans. (d) EFFECTIVE DATE.—The amendments The hearing will take place in room f made by this section shall apply to fuel pro- 216 of the Hart Senate Office Building duced, and sold or used, after September 30, AUTHORITY FOR COMMITTEES TO 2004, in taxable years ending after such date. at 2:00 p.m. MEET The PRESIDING OFFICER. Without f COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. NOTICES OF HEARINGS/MEETINGS AFFAIRS SELECT COMMITTEE ON INTELLIGENCE Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I COMMITTEE ON INDIAN AFFAIRS ask unanimous consent that the Com- ask unanimous consent that the Com- Mr. CAMPBELL. Mr. President, I mittee on Banking, Housing, and mittee on Intelligence be authorized to would like to announce that the Com- Urban Affairs be authorized to meet meet during the session of the Senate mittee on Indian Affairs will meet on during the session of the Senate on on Tuesday, February 24, 2004, at 10 Wednesday, February 25, 2004, at 9:30 Tuesday, February 24, 2004, at 10 a.m. a.m. to hold a hearing on intelligence a.m. in Room 485 of the Russell Senate to conduct a hearing on the ‘‘Proposals matters. Office Building to conduct a hearing on for Improving the Regulatory Regime The PRESIDING OFFICER. Without the President’s Fiscal Year 2005 Budget of the Housing Government Sponsored objection, it is so ordered. Request. Enterprises.’’ SELECT COMMITTEE ON INTELLIGENCE Those wishing additional information The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I may contact the Indian Affairs Com- objection, it is so ordered. ask unanimous consent that the Select mittee at 224–2251. COMMITTEE ON COMMERCE, SCIENCE, AND Committee on Intelligence be author- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS TRANSPORTATION ized to meet during the session of the Mr. CRAIG. Mr. President, I would Mr. MCCONNELL. Mr. President, I Senate on Tuesday, February 24, 2004, like to announce for the information of ask unanimous consent that the Com- at 2:30 p.m. to hold a hearing on intel- the Senate and the public that a hear- mittee on Commerce, Science, and ligence matters. ing has been scheduled before the Sub- Transportation be authorized to meet The PRESIDING OFFICER. Without committee on Public Lands and For- on Tuesday, February 24, 2004, at 9:30 objection, it is so ordered. ests of the Committee on Energy and a.m. on Voice-Over-Internet-Protocol SPECIAL COMMITTEE ON AGING Natural Resources. (VOIP). Mr. MCCONNELL. Mr. President, I The hearing will be held on Wednes- The PRESIDING OFFICER. Without ask unanimous consent that the Spe- day, March 10th, at 2:30 p.m. in room objection, it is so ordered. cial Committee on Aging be authorized SD–366 of the Dirksen Senate Office COMMITTEE ON ENERGY AND NATURAL to meet Tuesday, February 24, 2004 Building. RESOURCES from 10:00 a.m.—12:00 p.m. in Dirksen The purpose of the hearing is to re- Mr. MCCONNELL. Mr. President, I 628 for the purpose of conducting a ceive testimony on the following bills: ask unanimous consent that the Com- hearing.

VerDate jul 14 2003 02:30 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.057 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — SENATE S1529 The PRESIDING OFFICER. Without COMMEMORATING 200TH ANNIVER- The PRESIDING OFFICER. Objec- objection, it is so ordered. SARY OF THE BIRTH OF tion is heard. CONSTANTINO BRUMIDI Mr. REID. Mr. President, will the COMMITTEE ON TERRORISM, TECHNOLOGY AND Senator yield? HOMELAND SECURITY Mr. FRIST. Yes. Mr. MCCONNELL. Mr. President, I AUTHORIZING PRINTING OF ‘‘HIS- Mr. REID. Mr. President, I know H.R. ask unanimous consent that the Com- TORY OF THE UNITED STATES 3740 is an important piece of legisla- mittee on the Judiciary Subcommittee CAPITOL’’ tion. It extends the highway bill now in on Terrorism, Technology and Home- effect for 4 months. I have not spoken land Security be authorized to meet to to Senator INHOFE today, but we have PERMITTING USE OF ROTUNDA OF communicated through staff. He and I conduct a hearing on ‘‘Virtual Threat, THE CAPITOL FOR COMMEMORA- would rather have a 1-month extension. Real Terror: Cyberterrorism in the 21st TION OF HOLOCAUST It is my understanding that the two Century’’ on Tuesday, February 24, Mr. FRIST. Mr. President, I ask leaders have met and think that 60 2004, at 10 a.m., in Dirksen 226. unanimous consent that the Senate days would be an appropriate time. I proceed to the immediate consider- want everybody to be on notice that if Witness List ation of the following resolutions there is any effort to extend this be- Panel I: Mr. John Malcolm, Deputy which are at the desk en bloc: H. Con. yond 60 days, I will do whatever I can Res. 264, H. Con. Res. 358, and H. Con. Assistant Attorney General, DOJ, to make sure that is not the case. Res. 359. It is so important that we move this Washington, DC; Mr. Keith Lourdeau, The PRESIDING OFFICER. The most important piece of legislation to Deputy Assistant Director, FBI, Wash- clerk will report the concurrent resolu- 4 months, as there will be no bill this ington, DC; and Mr. Amit Yoran, direc- tions by title. year. We have spent too much time tor of the National Cybersecurity Divi- The assistant legislative clerk read over here. It now appears that the de- sion, DHS, Washington, DC. as follows: bate is over dollars. It is not about the Panel II: Mr. Dan Verton, Author, A concurrent resolution (H. Con. Res. 264) content of the bill in any way. Burke, VA; Mr. Howard Schmidt, Chief authorizing and requesting the President to I hope the two leaders understand the issue a proclamation to commemorate the grief and difficulty that Senators Information Security Officer, EBay, 200th anniversary of the birth of Constantino INHOFE and I and KIT BOND and Senator San Jose, CA; and Mr. Michael Vatis, Brumidi. JEFFORDS have gone through to get to Executive Director, Task Force on Na- A concurrent resolution (H. Con. Res. 358) the point where we are. I will agree tional Security in the Information Age, authorizing the printing of ‘‘History of the United States Capitol’’ as a House document. with the decision of the two leaders, New York, NY. A concurrent resolution (H. Con. Res. 359) but when it comes back from the The PRESIDING OFFICER. Without permitting the use of the rotunda of the Cap- House, I hope there will be an agree- objection, it is so ordered. itol for a ceremony as part of the commemo- ment to split the difference after that. ration of the days of remembrance of victims Mr. FRIST. Mr. President, in all like- of the Holocaust. f lihood, we will be looking at 2 months. There being no objection, the Senate Again, for those listening now, a lot of proceeded to consider the concurrent people said 1 month. A lot of people PRIVILEGES OF THE FLOOR resolutions. said 4 months. A lot of people said a Mr. ENSIGN. Mr. President, I ask Mr. FRIST. Mr. President, I ask year. So this was negotiated again with unanimous consent that Dr. Rita unanimous consent that the concur- both sides, and we understand the im- rent resolutions be agreed to, the pre- Redberg, a legislative fellow for Sen- mediacy and the importance of this ambles, where applicable, be agreed to, bill, which I do also strongly support. ator HATCH, be granted floor privileges the motions to reconsider be laid upon f during consideration of S. 2061, the the table en bloc, and any statements ORDERS FOR WEDNESDAY, Healthy Mothers and Healthy Babies relating to the concurrent resolutions FEBRUARY 25, 2004 Access to Care Act. be printed in the RECORD. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Mr. FRIST. Mr. President, I ask objection, it is so ordered. objection, it is so ordered. unanimous consent that when the Sen- The concurrent resolution (H. Con. ate completes its business today, it ad- Mr. DODD. Mr. President, I ask unan- Res. 264) was agreed to. journ until 9:30 a.m., Wednesday, Feb- imous consent that privileges of the The preamble was agreed to. ruary 25. I further ask that following floor be granted to Lauren Doyle, a leg- The concurrent resolution (H. Con. the prayer and the pledge, the morning islative fellow in my office. Res. 358) was agreed to. hour be deemed to have expired, the The PRESIDING OFFICER. Without The concurrent resolution (H. Con. Journal of proceedings be approved to date, the time for the two leaders be objection, it is so ordered. Res. 359) was agreed to. f reserved for their use later in the day, Mr. HATCH. Mr. President, I ask and the Senate then resume consider- unanimous consent that Patrick Shen MEASURE READ THE FIRST ation of the motion to proceed to S. and Brett Tolman, detailees on the Ju- TIME—H.R. 3783 1805, the gun liability bill; provided diciary Committee staff, be granted Mr. FRIST. Mr. President, I under- that the time until 10:30 a.m. be equal- the privileges of the floor for the dura- stand that H.R. 3783 which came over ly divided between Senators CRAIG and tion of this session. from the House is at the desk. I ask for REED of Rhode Island, or their des- its first reading. ignees, and the vote on the cloture mo- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The tion occur at 10:30 a.m. objection, it is so ordered. clerk will report. The PRESIDING OFFICER. Without Mr. TALENT. Mr. President, I ask The assistant legislative clerk read objection, it is so ordered. unanimous consent that one of my as follows: f staffers, Telly Lovelace, be permitted A bill (H.R. 3783) to provide an extension of PROGRAM the privilege of the floor for the rest of highway, highway safety, motor carrier safe- Mr. FRIST. Mr. President, tomorrow the afternoon. ty, transit, and other programs funded out of the Highway Trust Fund pending enactment the Senate will resume consideration The PRESIDING OFFICER. Without of a law reauthorizing the Transportation of the motion to proceed to S. 1805, the objection, it is so ordered. Equity Act for the 21st Century. gun liability bill. The cloture vote on Mr. FRIST. I now ask for its second the motion to proceed will occur at reading and object to further pro- 10:30 a.m., and that will be the first ceedings on this matter. vote of the day.

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.062 S24PT1 S1530 CONGRESSIONAL RECORD — SENATE February 24, 2004 It is my hope that we will invoke clo- Senators should expect rollcall votes Senate, I ask unanimous consent that ture and begin consideration of the bill throughout the afternoon as we pro- the Senate stand adjourned under the shortly thereafter. For the remainder ceed in the amendment process. previous order. of the day, we will work through f There being no objection, the Senate, amendments on the gun liability bill. ADJOURNMENT UNTIL 9:30 A.M. at 6:45 p.m., adjourned until Wednes- Senators who wish to offer amend- TOMORROW day, February 25, 2004, at 9:30 a.m. ments should contact the managers to Mr. FRIST. Mr. President, if there is schedule time for floor consideration. no further business to come before the

VerDate jul 14 2003 01:19 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.107 S24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E187 EXTENSIONS OF REMARKS

DENTON FIRE DEPARTMENT CONGRATULATING THE EXPORT- 2004, and September 12, 2004, the Nativity of AWARDS IMPORT BANK ON ITS 70TH ANNI- Our Savior Church will be celebrating their an- VERSARY niversary with an Anniversary Celebration HON. MICHAEL C. BURGESS Mass and an All-Parish Anniversary Celebra- tion Family Picnic. OF TEXAS HON. MICHAEL G. OXLEY OF OHIO The Catholic faith began in Portage in the IN THE HOUSE OF REPRESENTATIVES 1600’s with early settlers and French trappers, IN THE HOUSE OF REPRESENTATIVES Tuesday, February 24, 2004 and they named the area ‘‘New France.’’ In Tuesday, February 24, 2004 1882, Joseph Bailly, one of those early set- Mr. BURGESS. Mr. Speaker, I rise today to Mr. OXLEY. Mr. Speaker, today I want to tlers, established a trading post which he congratulate the Denton Fire Department for help observe a landmark anniversary for an in- called ‘‘Bailly-Town.’’ This area included a their nominations of their department employ- stitution that sustains the jobs of thousands of chapel for his family as well as other nearby ees. For 130 years this fire department has Americans. February 12, 2004, marked the villagers to worship in. During the early fought to save the lives of citizens of the Den- 70th anniversary of the Export-Import Bank, 1960’s, the Diocese of Gary purchased the ton area. This fire department has 122 fire- the official export credit agency of the United land that is now the Nativity Parish and fighters and officers, eight 911 dispatchers, States. The Bank will have a celebration of School. and one RSVP volunteer. It is not the equip- this anniversary in the near future. The Export- As the population grew in Portage, Bishop ment in these stations that makes Denton a Import Bank is an independent U.S. Govern- Andrew Grutka along with other parish mem- safer place; it is the personnel that are hard at ment agency that creates and sustains Amer- bers, established a larger church, which was work to keep this community safe. ican jobs by providing direct loans to buyers of called ‘‘The Chapel on the Mall’’ because it The philosophy of the fire department is that U.S. exports, guarantees to commercial loans was located at the north end of the Portage prevention is key to reducing the fire loss of to buyers of U.S. products, and insurance Shopping Mall. In 1964, this 10′ by 50′ drive- our city. This department is able to maintain products which greatly benefit short-term small in church was visited by over 450 cars at each its high standards by acting towards arising business sales. Sunday mass. It was in July 1965 that the Na- situations and regulations. These firefighters In an ideal world, export contracts would be tivity of Our Savior Church was officially estab- take a proactive approach of educating citi- won or lost on the basis of the cost and qual- lished with Father Joseph Till as its first pas- zens about fire safety and life safety through ity of the products being sold. However, as tor. On October 31, 1965, during the Feast of CPR classes and first aid classes. Even with long as foreign export credit agencies provide Christ the King, Nativity of Our Savior became programs in place, the Denton Fire Depart- concessionary financing to companies from a permanent church and it was formally dedi- ment strives to continue improvement in the their countries, the Export-Import Bank of the cated by Bishop Grutka on Saturday, March quality of service provided to citizens by ag- United States must ‘‘level the playing field’’ by 12, 1966. gressively training officers in all areas of ex- protecting American exporters. The Export-Im- In September 1975, the Nativity School pertise. All of our fire department’s continuing port Bank fills the necessary role of creating opened its doors to 95 students in its first education programs exceed requirements sug- and sustaining American jobs here in the year. Since the founding of the Nativity of Our gested by the Texas Department of Health. United States, where they are sorely needed. Savior Church in 1964 and the opening of the This is proof that our firefighters are above av- Since its founding in 1934, the Export-Im- school in 1975, there have been many influen- erage. port Bank has supported over $330 billion of tial pastors who have led the congregation. The individuals who work at the Denton U.S. exports from businesses large and small. These include: Father Joseph Till, Father Wil- County Fire Department are to be commended In FY 2003, it supported $14.3 billion in ex- liam Spranger, Monsignor Carl Mengeling, for their achievements in this past year. With- ports. Currently, about 85 percent of Export- Monsignor John Morales, Father John Scott, out dedicated individuals the Denton County Import transactions directly benefit small busi- Father Patrick Kalich, and currently Father Fire Department would not serve at the high nesses. This amounts to almost 20 percent of Walter Rakoczy. Today, the Nativity of Our level it does. Brad Fuller, Brad Lahart, and the Bank’s financings. Savior Church has over 2,200 registered fami- Mike Tucker received Meritorious Service The Export-Import Bank Reauthorization Act lies, over 200 students in their parish school, awards for their hard work and dedication of was signed into law on June 14, 2002 (Public and over 600 students in their religious edu- going beyond the normal job requirements to Law No. 107–189). This Act reauthorized the cation program. serve the Denton area. Also, Tim Tarlton’s Export-Import Bank through 2006 and made Mr. Speaker, I ask that you and my other Crew at Station 3 ‘‘B’’ Shift has been awarded other appropriate changes to the charter of the distinguished colleagues join me in honoring the Community Service Award for their meth- Bank. The House Financial Services Com- and congratulating the Nativity of Our Savior ods of getting the message to children about mittee continues to conduct oversight over the Church on their 40th anniversary. They have fire safety in public schools. Likewise, Lisa implementation of this Act. provided support and guidance for all those in Parker, who serves the Denton Fire Depart- Again, I extend my congratulations to the the Portage community, and will continue to ment with a cheerful personality and a positive Export-Import Bank on its 70th anniversary. serve their community through their selfless attitude, has been awarded the EMS Excel- f dedication and commitment. lence award. Furthermore, Jeff Knoles has f been awarded special recognition for serving TRIBUTE TO THE NATIVITY OF the Denton community in dual roles as a fire- OUR SAVIOR CHURCH IN POR- TRIBUTE TO ELBIE J. fighter and paramedic since 1999. TAGE, IN, DURING THEIR 40TH HICKAMBOTTOM, SR. The fire administration provides the leader- ANNIVERSARY ship, vision and resources that our personnel HON. ADAM B. SCHIFF need to provide the highest quality service to HON. PETER J. VISCLOSKY OF CALIFORNIA our citizens. The city staff and fire department OF INDIANA IN THE HOUSE OF REPRESENTATIVES employees coordinate efforts to maintain the IN THE HOUSE OF REPRESENTATIVES quality of safety necessary for a city of Den- Tuesday, February 24, 2004 ton’s size. Tuesday, February 24, 2004 Mr. SCHIFF. Mr. Speaker, I rise today in Firefighters are a necessary part of public Mr. VISCLOSKY. Mr. Speaker, it is with solemn remembrance of Elbie J. life. Like in any other part of life, there are great honor and enthusiasm that I congratu- Hickambottom, Sr., who passed away on the those who deserve special recognition. The in- late the Nativity of Our Savior Church in Por- evening of December 31, 2003. dividuals honored here today are some of tage, IN, as they celebrate their 40th anniver- Elbie Hickambottom began his life in those individuals. sary. During the weekend of September 11, Okmulgee, OK, in 1924. In 1925 his family

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

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.001 E24PT1 E188 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 moved to Pasadena, CA, where he grew up forming citizens of the vital role the 9–1–1 of McCain-Feingold. The editorialists’ advo- and attended Pasadena public schools. As a service plays in our communities. Since 1968, cacy of McCain-Feingold could appear cor- young adult he attended Pasadena City Col- 9–1–1 has been a means in which to report rupt: The bill increases the political influ- ence of unregulated newspaper editorializing lege and though his education was interrupted emergencies. Today, 9–1–1 is a key compo- relative to increasingly restricted rival by his service in the military, he continued his nent to saving lives and property. voices (parties, candidates and their finan- academic pursuits at USC and completed his The E9–1–1 Institute has included every cial supporters). BA degree from the University of Omaha. level of government, corporations large and Last December the Supreme Court found Mr. Hickambottom served in the U.S. Army small in addition to government policy makers, no serious constitutional infirmity in the during World War II and at 19 years old was to convey the significance of the 9–1–1 serv- law because, although the Constitution says one of the youngest first sergeants in Europe. ice to all Americans. The institute continues to Congress shall make ‘‘no law’’ abridging He was recalled by the Army during the Ko- work very hard to show that every citizen of freedom of speech, Congress has broad lati- rean war and commissioned as a second lieu- this country plays a vital role in making this tude to combat corruption or its appearance. There is the appearance of corruption when a tenant. After 20 years of distinguished service, system successful. legislator’s views attract contributions from he retired in 1967 with the rank of major. Dur- The outstanding efforts of E9–1–1 are most like-minded people, and then he acts in ac- ing his career, he was awarded many decora- evident in a recent event in my district. I am cordance with his and their views. tions including twice receiving the Medal for honored to acknowledge Kristy Wickliff a resi- Today McCain-Feingold itself does not just Outstanding Service and three times the Army dent of Southlake, Texas, who is being hon- appear to be corrupting. It is demonstrably Commendation Medal. Elbie was a past com- ored by the E9–1–1 Institute for the heroic act and comprehensively so. mander of the Pasadena chapter of the Mili- of saving her father’s life in April of 2003. Most campaign money is spent on speech— tary Order of the World Wars and a recipient Kristy, age five at the time, successfully called disseminating ideas, primarily by broad- casting. McCain-Feingold’s stated premise of the Pasadena Chamber of Commerce Pa- 9–1–1 and then proceeded to the medicine was that there is ‘‘too much’’ money in poli- triot of the Year Award. cabinet where she was able to obtain and ad- tics—hence, it follows, too much speech. After Elbie’s military retirement, he joined minister medication to her father while he was McCain-Feingold’s prudently unstated the Pasadena Redevelopment Agency in 1967 suffering from diabetic shock. Miss Wickliff will premise was that legislators know—and where he served as director of Relocation and receive the Enhanced 9–1–1 Institute’s ‘‘Cit- should legislate—the correct quantity of Property Management, managing programs izen in Action’’ Award on Tuesday, February speech about themselves, the proper times that assisted displaced families and small 24, 2004. for it and certain restrictions on the content businesses. He subsequently worked as sen- If it were not for the E9–1–1 Institute’s dedi- of it. ior vice president of Municipal Services, Inc. a cation to improving the 9–1–1 system or their Such legislating may not be corrupt, but it might appear so. And appearances are the es- private redevelopment consulting firm from commitment to education, our ability to save sence of ethics, as understood by Washing- which he retired in 1985. lives and property would be greatly hindered ton’s ethics industry. In 1979 Mr. Hickambottom was elected to by a lack of communication. Perhaps the White House embraced the Pasadena Unified School District Board of The 9–1–1 service is a necessary part of McCain-Feingold because it doubled to $2,000 Education, where he served until he retired our daily lives. Like those who have used the the permissible ceiling on ‘‘hard money’’ from the board in 1994. A champion for excel- service in a time of crisis, the individuals who contributions crucial to the president’s re- lence in education and a strong voice for im- work to make 9–1–1 a better system deserve election campaign. Also, Republican na- proving academic achievement for all stu- to be honored. tional committees do better than their Democratic counterparts at raising smaller dents, particularly for disadvantaged and mi- f hard-dollar contributions. nority students, Elbie was often the con- CAMPAIGN FINANCE REFORM Supposedly, the principal purpose of science of the school board. He was an active McCain-Feingold was to ban large ‘‘soft member of the California Coalition of Black money’’ contributions to the parties osten- School Board Members, where his tenure in- HON. MICHAEL G. OXLEY sibly for ‘‘party-building’’ purposes. The de- cluded holding office on the Executive Board. OF OHIO lusional assumption of many McCain-Fein- A dedicated community volunteer, Elbie par- IN THE HOUSE OF REPRESENTATIVES gold enthusiasts was that when such con- tributions were banned, the people who had ticipated in many organizations, including the Tuesday, February 24, 2004 NAACP, the Pasadena Educational Founda- been eager to exert political influence by such contributions would say ‘‘Oh, well’’ and tion, Young and Healthy, the Pasadena Com- Mr. OXLEY. Mr. Speaker, during the lengthy debate over campaign finance reform, some of spend their money instead on high-definition mission on Children and Youth, Project Day, televisions. Or something. ROTC, and various other civic groups. us warned that appearances can be deceiving. Actually, McCain-Feingold was moral Elbie is survived by his wife of 52 years, The McCain-Feingold bill was supposed to grandstanding by many liberals who had no Dolores, his children, Ann Marie, Elbie Jr., empower ordinary voters, who were evidently intention of abiding by its spirit—or its let- Leslie and John, sisters Verdia Arnold and thought incapable of exercising their own rea- ter, for that matter—any more than they Wilmer Lane, niece Robin Foster, sister-in-law son during election campaigns. The power had abided by existing campaign finance law. Agnes Brumfield, two brothers-in-law, Joseph shift has actually been to the unelected media To compensate for Republican advantages in raising strictly limited hard dollars, Demo- Arceneaux and Oscar Dupre II, and many and unaccountable special interest groups, mostly liberal, who have concentrated their crats quickly formed a slew of committees other nieces, nephews, cousins, and beloved technically disconnected from the party but friends. control over what voters see and hear. Other allowed to receive unlimited soft dollars. I would like to convey my deepest sym- voices have been muzzled, which is why U.S. Allowed, that is, as long as the committees pathies to Elbie’s family and friends, as well Supreme Court Justice Antonin Scalia called do not spend money ‘‘for the purpose of in- as extend my heartfelt thanks for his many the failure to strike down the law ‘‘a sad day fluencing any election for federal office.’’ contributions to the community. Elbie J. for freedom of speech.’’ Under McCain-Feingold, and for 30 years be- Hickambottom, Sr., will be missed by all who I commend to your attention this George fore it, entities that raise and spend money for that purpose are subject to hard-dollar knew him. Will column published in the Washington Post on February 22. limits. f McCain-Feingold’s ban on large soft-money RENDERING POLITICS SPEECHLESS KRISTY WICKLIFF AND E9–1–1 contributions to political parties has (By George F. Will) spawned many groups, mostly liberal ones, INSTITUTE Two years ago President Bush, who had to receive and spend such contributions as called it unconstitutional, signed the surrogates for the parties—groups such as HON. MICHAEL C. BURGESS McCain-Feingold bill—furtively, at 8 a.m. in America Coming Together. Ellen Malcolm, OF TEXAS the Oval Office. The law expanded govern- ACT’s president, says her group aims to in- ment restrictions on political speech, osten- crease voter turnout in 17 states crucial to IN THE HOUSE OF REPRESENTATIVES sibly to combat corruption or the ‘‘appear- the presidential election in order ‘‘to beat Tuesday, February 24, 2004 ance’’ thereof. Bush probably signed it partly George Bush.’’ It appears that she intends to influence a Mr. BURGESS. Mr. Speaker, I rise today to because the White House, thinking corruptly or appearing to do so, saw reelection advan- federal election. Nothing wrong with that. commend the efforts made by the Enhanced tage in this fiddling with the First Amend- Citizens are supposed to do that. But liberals 9–1–1 Institute for their lasting efforts to im- ment. have been the prime movers in enacting laws prove our Nation’s 9–1–1 system. The E9–1– And partly because the nation’s newspaper against doing so with soft money, which or- 1 Institute is committed to educating and in- editorial writers nearly unanimous in praise ganizations such as ACT exist to receive.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A24FE8.004 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E189 ACT says it ‘‘will coordinate with progres- derson’s gift, the Old Moose Lodge building at attend—except for the color of her skin. It is sive organizations.’’ But it had better not co- 7th and Adams was purchased in 1965. Mr. hard to imagine that merely 50 years ago, ordinate with the Democratic Party or can- Anderson and the Anderson Company do- public schools across our country were deeply didates. There would be nothing morally nated the money and manpower to see that segregated. wrong with such coordination. It should be a A team of brave lawyers from the NAACP fundamental right—indeed, a civic virtue— the building was completely renovated and for groups such as ACT to coordinate with ready for operation in October, 1967. The New would later appear before the Supreme Court like-minded political parties. But ‘‘coordina- Boys Club facility officially opened on October to demand the justice contained within our tion’’ is criminal under McCain-Feingold. 23, 1967, appropriately dedicated as the John founding principles—to demand equality for House Republicans are now trying to sub- Will Anderson Boys Club. young Linda Brown and for all who had been poena records of these Democratic groups, Another Boys Club was opened in 1969 in denied the basic right of equality for far too clearly hoping to have a chilling effect on the Salesian Prep School in Cedar Lake, and long. them. This is disgusting—but Democrats de- On May 17, 1954, the United States Su- serve it because they have entangled Amer- in November, 1976 that club moved to West 133rd Avenue. In 1982, the new Cedar Lake preme Court spoke unanimously and with ica’s core liberty, political speech, in an great clarity when it declared that ‘‘separate ever-thickening web of regulations they now Club was built on Fairbanks Street where it re- are evading. mains today. In 1973, Katherine House and educational facilities are inherently unequal.’’ On Wednesday the Federal Election Com- the East Chicago Boys Club merged to form This decision continues to have an impact on mission, which is now in charge of deciding the East Chicago-Katherine House Boys Club our country today. Just last year, the Supreme what speech is legal under McCain-Feingold and became a unit of the Steel City Boys Club Court upheld the core principles of Brown v. and Supreme Court ambiguities, issued a rul- organization. In 1976, the John Will Anderson Board when it ruled that maintaining diversity ing—many more to follow—of exquisite opac- in higher education is a compelling govern- ity. The chairman of the Republican Na- Club moved to the former Young Men’s Chris- tian Association building on 5th Avenue in mental interest. I was pleased to join other tional Committee said it ‘‘effectively shuts Members of Congress in filing an amicus brief down’’ groups such as ACT and others. A Gary where it remains today. In 1977, the spokesman for ACT cheerily said the group Steel City Boys Club corporate name was with the Court expressing our belief that would continue ‘‘to operate robustly and ef- changed to the Boys Clubs of Northwest Indi- democratic values are enhanced by the inter- fectively.’’ It is a constitutional obscenity ana. In March of 1979, the Hammond Boys action between students of diverse back- that no one now knows—or, pending many Club was established in the Miller School of grounds and indicating our full support for the more FEC and court rulings, can know— Hessville, and today a new building built in efforts of universities to create a more vibrant what political speech is legal in this nation 1994 proudly stands on Calumet Avenue. The and enriching learning environment. where the First Amendment is no longer The decision in Brown v. Board would also Lake Station Club was opened in July of 2001. even pertinent to protecting such speech. forever change the landscape of the struggle In 1988, Boys Clubs of Northwest Indiana f for racial justice and equality in the United officially changed its name to Boys & Girls States and demonstrate the ability of individ- TRIBUTE TO THE ACCOMPLISH- Clubs of Northwest Indiana—as girls were rec- uals to effect true change. The congressional MENTS OF THE BOYS & GIRLS ognized as official club members. In spite of district that I represent can certainly recognize CLUBS OF NORTHWEST INDIANA the Boys & Girls Clubs of Northwest Indiana’s the ability of individuals to break through color THROUGHOUT ITS 50 YEARS OF growth and changes, their philosophy has barriers. Growing up in Pasadena in the early SERVICE never changed—to inspire and enable all to mid–1900s, a young man named Jackie young people, especially those from disadvan- Robinson was an all-around athlete that would taged circumstances, to realize their full poten- HON. PETER J. VISCLOSKY later change the sports world. Robinson won tial as productive, responsible and caring citi- OF INDIANA letters in football, baseball, basketball, and zens. IN THE HOUSE OF REPRESENTATIVES track at Pasadena’s Muir Technical High Tuesday, February 24, 2004 Mr. Speaker, at this time, I ask that you and my other distinguished colleagues join me in School and Pasadena Junior College. Soon Mr. VISCLOSKY. Mr. Speaker, it is with honoring and congratulating the Boys & Girls after, he would become the first athlete at great honor and pleasure that I stand before Clubs of Northwest Indiana, as well as its staff UCLA to play on four varsity teams. On April 15, 1947, Jackie Robinson would you today to recognize the many accomplish- and community leaders on their 50th anniver- take the field to play for the Brooklyn Dodg- ments of the Boys & Girls Clubs of Northwest sary. Their many great accomplishments and ers—a pioneer as the first African-American to Indiana throughout its 50 years of service to service to Lake County, Indiana will forever be play major league baseball. Robinson not only the Northwest Indiana community. As the citi- cherished and commended. opened the door to pro sports for other Afri- zens of Lake County, Indiana celebrate the f 50th Year Jubilee of the Boys & Girls Clubs of can-American athletes, but his remarkable ac- Northwest Indiana, we are reminded of the COMMEMORATING BLACK HISTORY complishment would help chip away at preju- dedication and valiant efforts that have been MONTH dices in the minds of Americans and jumpstart made to incorporate education and community the process of dismantling existing barriers leadership in the region. HON. ADAM B. SCHIFF throughout our society. Boys & Girls Clubs of Northwest Indiana In this month of February, let us not only OF CALIFORNIA celebrate the accomplishments of those brave began in the early 1950’s when Mr. Paul IN THE HOUSE OF REPRESENTATIVES Guist, Mr. Sid Holub, Mr. Robert Salvaggi and Americans who fought for racial justice, but let several other Gary businessmen decided that Tuesday, February 24, 2004 us work to keep their vision alive by continuing the children of Gary needed a place to go, Mr. SCHIFF. Mr. Speaker, as we celebrate to break down barriers that exist and working complete with worthwhile activities, to help Black History Month, I rise to pay tribute to the to ensure equality of opportunity for all Ameri- keep kids from spending time on street cor- extraordinary African-American men and cans. ners. Their efforts led to the incorporation of women, past and present, who have shaped f the Steel City Boys Club of Gary, Indiana on the rich history of our Nation. GAYLORD ENTERTAINMENT August 17, 1954. The month of February has been des- The Boys Club was incorporated in 1954 ignated as Black History Month to celebrate HON. MICHAEL C. BURGESS when it operated in the hallways, auditorium, the remarkable accomplishments of African- OF TEXAS gymnasium and one room in the old Americans throughout history. This year’s na- IN THE HOUSE OF REPRESENTATIVES Beveridge School in Tolleston. Its official tional theme, ‘‘Brown v. Board of Education: name became Steel City Boys Club. In 1956, 50th Anniversary,’’ commemorates the historic Tuesday, February 24, 2004 another club opened in the Webster School Supreme Court decision declaring that seg- Mr. BURGESS. Mr. Speaker, I rise today to Gym located in Glen Park. This was the year regation had no place in the laws of a free re- congratulate Gaylord Entertainment on their that the organization also became a United public. successful completion of the marvelous new Way Agency. An additional club eventually Over 50 years ago, in the Midwest town of Gaylord Texan Resort and Convention Center moved into the basement of the Assyrian Topeka, KS, a little girl named Linda Brown on Lake Grapevine ideally located in Grape- Church where it remained until a permanent rode a bus 5 miles to school each day even vine, TX. The Gaylord Texan Resort and Con- location at 7th and Adams was established though a public school was located only four vention Center will be tremendous venue for through the efforts of Mr. John Will Anderson blocks from her house. The school was not full performances by local and national enter- of the Anderson Company. Through Mr. An- and the little girl met all of the requirements to tainers.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.007 E24PT1 E190 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 The Gaylord Texan will bring more eco- New York; on radio stations and television net- ‘‘SWEET AND SOUR SUBSIDIES’’ nomic stability to an already growing local works such as NBC, CBS, The Voice of Amer- economy with its creation of 1,300 new jobs ica, WNYC, and WLIB; and at distinguished HON. BARNEY FRANK and an estimated $23 million in spending an- residences in New York City, performances in OF MASSACHUSETTS nually. The Gaylord Texan team has certainly which several Dominican piano works were IN THE HOUSE OF REPRESENTATIVES set high standards for which other businesses performed for the first time in the U.S. These Tuesday, February 24, 2004 will aspire. Gaylord Entertainment has paired up with acclaimed performances established Floralba Mr. FRANK of Massachusetts. Mr. Speaker, the city of Grapevine’s Convention and Visi- Del Monte on New York’s classical music trying to decide what is the greatest hypocrisy tors Bureau and other local businesses to en- scene and social circles of the 1950s, the first in politics is a hard job, but I believe that by sure a better quality of life for area residents, Dominican performer to make a name for her- sheer dollar volume the support of many who and a memorable visit for all those who pass self in New York. call themselves free market conservatives for through the front door. Whether it is to enjoy Floralba Del Monte was the first Dominican the leading aspects of America’s agricultural policy qualifies for the prize. the scenic view of Lake Grapevine, an performer to appear on U.S. network tele- evening of dining and entertainment or to at- Few areas in public policy in this country vision, making her debut on CBS on October tend a business seminar, the Gaylord Texan is are as heavily subsidized by the taxpayers, 1, 1951 as one of the selected artists invited sure to meet the needs of its visitors. rigged against consumers, blatantly unfair to For many years to come, the Gaylord Texan to appear on the Arthur Godfrey Show special poor people in other parts of the world, and Resort and Convention Center will receive the that inaugurated coast-to-coast television contemptuous of the whole notion of competi- international spotlight for its state of the art en- broadcasting in the United States. During this tion and free enterprise as American agri- tertainment facilities, 1,511 guest rooms, relax- broadcast, she performed the world premie`re culture policy in various of its aspects. ing atmosphere, beautiful scenery, and a wide of her own arrangement for three pianos of I am frequently puzzled to hear many who variety of activities to choose from. the popular ‘‘Malaguen˜a’’ by Ernesto Lecuona, declaim their staunch allegiance to free trade, We congratulate the efforts made by Gay- starring as the First Piano of the Pan-Amer- low taxes, no government intervention in the economy, the free market, and unmitigated lord Entertainment for the creation of this ican Piano Trio. This piano trio was founded competition make an implicit exception when spectacular new facility. Best wishes to all by Floralba Del Monte in New York, and made who are involved and best of luck in future en- the subject is corn, cotton, wheat, peanuts, its world de«but on that historic night, with Del deavors. In addition, we add our congratula- sugar, or other commodities. Apparently, there « tions on having March 2, 2004, Texas Inde- Monte, Peruvian pianist Elvira Roman and are people who believe that the works of Lud- pendence Day also named ‘‘Gaylord Apprecia- U.S. pianist Dolores Layko representing the wig von Mises and Friedrich Hayek contain an tion Day’’ in Texas. three Americas—Central, South, and North. invisible footnote that says that none of this f Floralba Del Monte was the first Dominican applies to agriculture. performer who performed in the Nation’s Cap- In the February 12 Washington Post, just FLORALBA DEL MONTE, FIRST before we went on our mid-winter break, ital, making her debut there on May 16, 1952, LADY OF DOMINICAN CLASSICAL George Will documented the blatant inconsist- MUSIC—A SALUTE ON HER 75TH in a gala recital at the Dominican Embassy, ency with regard to the sugar program of the BIRTHDAY and giving another recital at the Pan-American U.S., noting correctly that it has once again Union, in which she offered the Washington, contributed to the demise of jobs in the United HON. CHARLES B. RANGEL DC, premieres of several Dominican piano States by people who had been manufacturing OF NEW YORK works. candy. I disagree with much of Mr. Will’s con- IN THE HOUSE OF REPRESENTATIVES Floralba Del Monte is recognized as a pian- servative approach to economic matters, so I do not agree therefore with everything he says Tuesday, February 24, 2004 ist of exceptional interpretative force, holding a in this column. But I salute his intellectual hon- unique place in the Dominican Republic that Mr. RANGEL. Mr. Speaker, I rise today to esty in urging that the conservative economic salute Dominican concert pianist and piano consecrates her as one of the most revered principles he professes be applied across the teacher Floralba Del Monte, the ‘‘First Lady of Dominican artistic figures in Dominican history. board, without the exception for agriculture Dominican Classical Music,’’ who has just In the Dominican Republic, as the concert pi- made by so many others who claim to be his celebrated her 75th birthday, and who this anist of most important legacy, and as the conservative confreres. year also celebrates several professional anni- music educator of most influential pedagogical [From the Washington Post, Feb. 12, 2004] versaries: The 55th anniversary of her debut work, her artistic legacy that spans five dec- SWEET AND SOUR SUBSIDIES in the United States at Carnegie Hall; the 50th ades of unprecedented achievements, in- (By George Will) anniversary of her graduation from the Paris cludes: Performing the Dominican, North Saturday, Valentine’s Day, sweets will be Conservatoire; the 45th anniversary of her ap- American, and European premieres of the showered on sweethearts—a bonanza for can- pointment to the Piano Faculty at the Santo most important and difficult piano works of Do- dymakers. But the very next day all 242 Domingo National Conservatoire of Music; the Fannie May and Fanny Farmer chocolate 53rd anniversary of her U.S. network tele- minican music literature, distinguishing herself candy stores will be closed. vision debut on CBS; and the 52nd anniver- for her fervent patriotism, including Dominican They and many jobs—625 of them at the sary of her debut in Washington, DC, at the piano works on her appearances in her coun- firm’s 75-year-old Chicago manufacturing try and abroad; being the first performer in- plant—are, in part, casualties of that out- Dominican Embassy. dated facility, bad business decisions, and Floralba Del Monte was the first Dominican vited by the Dominican Government to give a high U.S. labor and other costs. But jobs in concert pianist who performed in North Amer- concert tour in the country; being the mentor America’s candy industry also are jeopard- ica, and the first Dominican performer who ap- of the most important school of piano ever ized by protectionism, which is always ad- peared at world-famous Carnegie Hall in New created in the Dominican Republic, a school vertised as job protection. In this case, the York, making her professional and U.S. debuts comprising several generations of accom- protectionism is an agriculture subsidy— sugar import quotas. there on June 14th, 1949, performing on this plished pianists, including winners of inter- recital the U.S. premiere of the ‘‘Sambumbia’’ Chicago is no longer Carl Sandburg’s wheat national music competitions, whom she taught stacker and hog butcher, but it remains or Dominican Rhapsody for Piano by Domini- America’s candy capital, home of Tootsie can composer Juan Francisco Garcõ«a, ‘‘Father during a distinguished tenure of more than 40 years as a Piano Faculty member at the Santo Rolls and many other treats. In 1970, employ- of Dominican Music.’’ In the late 1940s and ment by the city’s candy manufacturers was the early 1950s, she was the first Dominican Domingo Conservatoire; and being director of 15,000. Today it is under 8,000, and falling. classical musician who professionally ap- the Santo Domingo Conservatoire, whose re- Alpine Confections Inc. of Utah has bought peared at several of the most prestigious con- cently completed tenure of more than a dec- Fannie May and Fanny Farmer and may con- cert halls in New York City, including Carnegie ade is already regarded as the Golden Age of tinue some products. This is partly because Hall, Town Hall, Steinway Hall, Kauffmann Au- the price of sugar is less important in soft that preeminent Dominican institution. This chocolates than in hard candies. ditorium and Labor Temple Concert Hall; at legacy, deservingly consecrates Floralba Del But the end of 2003 brought the end of important venues such as the International Monte as the unrivaled ‘‘First Lady of Domini- Brach’s production of hard candy on the School of Arts, American Women’s Union, Fun can Classical Music.’’ city’s West Side. A decade ago, Brach’s em- & Fine Arts Club and the Women’s Club of ployed about 2,300 people. Until recently,

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.010 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E191 many of the remaining Teamster jobs paid CAPTAIN JOHN DARRAH ican in the Capitol by depicting Crispus $19 an hour. Many signs in the abandoned Attucks’s patriotic death that touched off the Chicago facility were in Spanish, Polish and HON. MICHAEL C. BURGESS Boston Massacre in 1770. Greek for the immigrant workforce, most of Initially, some believed that Brumidi’s artistic whose jobs have gone to Mexico. Labor is OF TEXAS cheaper there, but so is 92 percent of the raw IN THE HOUSE OF REPRESENTATIVES styles and abilities were more suited to the Vatican and other buildings in Europe, places material for hard candy—sugar. By moving Tuesday, February 24, 2004 outside the United States, Brach’s can pay he contributed works before coming to Amer- the world market price of sugar, which is Mr. BURGESS. Mr. Speaker, I rise today to ica. But many historians have noted that one-half to one-third of the U.S. price as recognize Captain John Darrah. For the last Brumidi was the only person capable of paint- propped up by import quotas. four years Captain Darrah has served as the ing the Capitol building in the glorious manner Life Savers, which for 90 years were made president of the Allied Pilots Association befitting the literal crowning achievement of in America, are now made in Canada, where (APA), the largest independent pilots’ union in liberty and democracy that it represents. Few labor costs are comparable but the yearly cost of sugar is $10 million less. Chicago’s the world with more than 11,500 members. in the United States had Brumidi’s special tal- Ferrara Pan Candy Co., maker of Jaw- APA serves as the collective bargaining ents as a fresco artist that utilized painting breakers, Red Hots and Boston Baked Beans, agent for all American Airlines pilots. It de- with watercolors on wet plaster. has moved much of its production to Mexico votes more than 20 percent of its dues income Constantino Brumidi’s experience is not un- and Canada. to support aviation safety while working to im- like the ancestors of more than 26 million Dueling economic studies, few of them dis- prove benefits, pensions, hours of employ- Americans of Italian descent that blended their interested, purport to demonstrate that ment, and working conditions for its members. centuries-old traditions with the relatively more American jobs are saved or—much During the spring of 2003, the airline indus- young history of the United States. Our coun- more plausibly—lost because protectionist try was distressed. Fears of terrorism, a trou- quotas raise the price of sugar for 280 million try is indebted to their time, talents and skills Americans. In the life of this republic, in bled economy, and the war in Iraq were all that have beautified our country and inspired which rent-seeking—bending public power causing a weak travel demand. great achievements. for private advantage—is pandemic, sugar This trend was especially hard on American Each year, hundreds of Long Island school quotas are symptomatic. Airlines. They announced that they would file children gaze upward at Brumidi’s work in the It was to a North Dakota radio station for bankruptcy if they could not cut labor costs Capitol building’s rotunda and sprawling cor- that Robert Zoelick, the U.S. trade rep- by $1.8 billion a year. If the pilots, ground ridors. They see important scenes in American resentative, vowed that he would stand like workers, or flight attendants unions rejected history, from the development of the steam Horatius at the bridge to block Australian the concessions package that was offered, the engine to the ending of the Civil War. sugar. The quotas can be considered among AMR Corp., the parent company of American the bearable transaction costs of democracy, Brumidi’s work not only beautifies the Capitol, keeping North Dakota’s, Minnesota’s and Airlines, vowed to file Chapter 11. but it brings history to life and makes one other states’ growers of sugar beets as well John Darrah was president of the Allied Pi- dream of what the future holds for our great as Florida’s, Louisiana’s and other states’ lots Association during this difficult time. He nation. growers of sugar cane from starving. led his union to accept the concessions, stav- It is important that Brumidi’s contributions Or seceding. Or, heaven forfend, being ing off bankruptcy for AMR Corp. During the and sacrifices are remembered. He is every forced to grow something else. But protec- crisis he said, ‘‘To willingly take our airline and bit as important to American history as the tionism is unconservative, unseemly and our company into bankruptcy would not be a epic scenes and figures he brought to life. It unhealthy—indeed, lethal. better alternative . . . There is no upside to Unconservative? Protectionism is a vari- is my hope that all of my colleagues will join ant of what conservatives disparage as ‘‘in- bankruptcy.’’ me today in honoring Brumidi’s legacy by vot- dustrial policy’’ when nonconservatives do As Captain Darrah’s term as president of ing in favor of this resolution. it. It is government supplanting the market the APA comes to an end, I would like to com- f as the picker of economic winners. Another mend him for the role he played in saving his name for industrial policy is lemon social- airline and his company from bankruptcy. He A PROCLAMATION RECOGNIZING ism—survival of the unfit. has stood up to harsh criticism, but also saved THE RETIREMENT OF STANLEY Unseemly? America has no better friend thousands of jobs. We are proud of his E. SPRAGUE FROM THE MUNIC- than Australia. Yet such is the power of achievements. IPAL WATER DISTRICT OF OR- American sugar interests that the Bush ad- ANGE COUNTY ministration has forced Australia to acqui- f esce in continuing quotas on its sugar ex- AUTHORIZING ISSUANCE OF PROC- HON. EDWARD R. ROYCE ports to America. That was a price for LAMATION COMMEMORATING achieving the not-exactly ‘‘free trade’’ agree- OF CALIFORNIA 200TH ANNIVERSARY OF ment signed last weekend. But look on the IN THE HOUSE OF REPRESENTATIVES bright side: Restrictions on beef imports will CONSTANTINO BRUMIDI be phased out over 18 years. Tuesday, February 24, 2004 Is protectionism lethal? Promoted by SPEECH OF Mr. ROYCE. Mr. Speaker, whereas, over Democrats hawking their compassion, pro- HON. STEVE ISRAEL the last thirty years, Stanley E. Sprague has tectionism could somewhat flatten the tra- represented Orange County in a variety of jectory of America’s rising prosperity. But OF NEW YORK protectionism could kill millions in devel- IN THE HOUSE OF REPRESENTATIVES forms on major water issues. Whereas, Mr. Sprague joined the Municipal oping nations by slowing world growth, Tuesday, February 10, 2004 thereby impeding those nations from achiev- Water District of Orange County in 1972. ing prosperity sufficient to pay for potable Mr. ISRAEL. Mr. Speaker, I rise today in Whereas, Mr. Sprague has served as Gen- water, inoculations, etc. Developed nations support of H. Con. Res. 264 to commemorate eral Manager of the Municipal Water District of spend $1 billion a day on agriculture sub- next year’s 200th anniversary of the birth of Orange County since 1983. sidies that prevent poor nations’ farmers Constantino Brumidi. I was pleased to join Whereas, the Municipal Water District of Or- from competing in the world market. with my colleague, the gentleman from Flor- ange County is a wholesale water agency Sugar quotas, although a bipartisan addic- ida, as an original cosponsor of this resolution. charged with providing imported water to its tion, are worst when defended by Repub- licans who actually know better and who Constantino Brumidi is known today as the thirty member agencies. lose their ability to make a principled argu- Michelangelo of the United States Capitol Whereas, in his role as General Manager of ment against the Democrats’ protectionist building. He is most known for The Apotheosis Municipal Water District of Orange County, Mr. temptation. Fortunately, splendid trouble of George Washington, the painting that de- Sprague’s primary responsibility has been to may be on the horizon. picts our first president’s ascension into heav- assure that the present and future water Last September’s collapse of the World en, that adorns the interior ceiling of the cen- needs of its member agencies are met. Trade Organization’s ministerial meeting in tral rotunda. Whereas, the Municipal Water District of Or- Cancun, Mexico, meant that the pernicious Brumidi was unknown in America when he ange County is the second largest member ‘‘peace clause’’ was not renewed. For nine years it has prevented the WTO from treat- began a mural to honor George Washington in agency of the Metropolitan Water District of ing agricultural subsidies as what they obvi- 1855 shortly after immigrating to the United Southern California, serving imported water to ously are—market distortions incompatible States. Over the next 25 years, he also paint- 2.3 million residents in roughly 80 percent of with free trade. For Americans, a fight over ed the corridors on the first floor of the Senate Orange County, one-third of whom rely solely that is worth having, and losing. wing and the first tribute to an African-Amer- on imported water.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.014 E24PT1 E192 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 Whereas, Mr. Sprague has been instru- HONORING THE SACRAMENTO when their member, Kay K. Fukushima, was mental in forming partnerships to increase LIONS CLUB ON THEIR 50TH AN- elected to be the 86th President of the Inter- water use efficiency in Orange County. NIVERSARY national Association of Lions Club for the year 2002Ð2003. Whereas, Mr. Sprague has taken a primary role in focusing the CALFED efforts towards HON. ROBERT T. MATSUI Mr. Speaker, as the friends and family of meeting Southern California’s supply reliability OF CALIFORNIA the Sacramento Senator Lions Club gather to IN THE HOUSE OF REPRESENTATIVES celebrate their 50 years of great service to the and water quality needs. Tuesday, February 24, 2004 people of Sacramento, I am honored to pay Whereas, Mr. Sprague has been involved in tribute to one of the Capital Region’s most ac- providing expert testimony on a myriad of Mr. MATSUI. Mr. Speaker, I rise today to tive service organizations. I ask all my col- water issues at both the State and Federal honor an organization with a distinguished his- leagues to join me in wishing the Sacramento level. tory of community service to the Capital Re- Senator Lions Club continued success in all its gion. The Sacramento Senator Lions Club will future endeavors. Therefore, I join with the entire Orange be celebrating their 50th Anniversary Celebra- County Congressional delegation in acknowl- tion on March 6, 2004. As the members and f edging the vital role that Stanley E. Sprague friends of the Sacramento Senator Lions Club has played in Orange County’s water supply, gather to celebrate this momentous occasion, IN RECOGNITION OF ANNE CISLE and wish him well upon his retirement from I ask all my colleagues to join me in saluting MURRAY FOR HER COMMITMENT the Municipal Water District of Orange County. one of Sacramento’s most important and re- TO HELPING CHILDREN AT RISK spected civic groups. f The Sacramento Senator Lions Club was chartered on April 4, 1954 to become a part HON. ELLEN O. TAUSCHER CURRENT STATUS OF RELATIONS of the Lions Club, the world’s largest service OF CALIFORNIA BETWEEN THE UNITED STATES organization. Lions Clubs are non-political, IN THE HOUSE OF REPRESENTATIVES AND TAIWAN non-sectarian service clubs composed of the community’s leading business and profes- Tuesday, February 24, 2004 sional people. The purpose of a Lions Club is Mrs. TAUSCHER. Mr. Speaker, I rise to pay HON. PETE SESSIONS more than good fellowship and club social life. tribute to Anne Cisle Murray, whose commit- The purpose is to recognize community needs OF TEXAS ment to helping children at risk is being hon- and develop means of meeting them, either ored by the Boys Hope Girls Hope organiza- IN THE HOUSE OF REPRESENTATIVES through its own effort or in cooperation with tion of Illinois as the 2004 recipient of the Jo- other agencies. Lionism is an active and effec- Tuesday, February 24, 2004 seph S. Kearney Heart of Gold award. tive medium for national and world service, ex- Boys Hope Girls Hope of Illinois is a pri- Mr. SESSIONS. Mr. Speaker, in the last erting tremendous influence for national wel- vately funded organization that reaches out to ninety years, Taiwan and the United States of fare, international amity and human progress children who have shown academic promise, America have been allies, partners, and socially, culturally and economically. For the yet live with a family or in a community that past 50 years, the Sacramento Senators Lions friends. In times of need and turmoil, both has put them at risk. The mission of BHGH is Club embodies all of the best qualities that countries have always come to each other’s to provide these children with stable home and Lionism represents. aid. In the aftermath of the tragedies of Sep- academic environments and support them in The Sacramento Senator Lions Club was all their endeavors up through college. tember 11th, 2001 Taiwan immediately offered the first all Americans of Japanese ancestry in Originally from Hamilton, Ohio, Anne Cisle condolences to the victims of those terrorist the United States. The Sacramento Senator Murray graduated from the University of Notre attacks, expressed shock over the attacks and Lions Club was founded upon the principle Dame with a business degree in 1974, a condemned such violence. Moreover, to show that the club should strive to provide its mem- member of the first co-ed graduating class. In solidarity with the American people, Taiwan’s bers with the opportunities to collectively serve 1979 she married Steve Murray with whom government ordered flags be flown at half- the community through efforts of fund-raising she has three children, Tricia, Dan and Mac. mast for two days, took every action to protect and hands-on-service projects. Today, the Anne’s devotion to her family has carried over U.S. citizens on the island, including stepped- Sacramento Senator Lions Club is a vital serv- into her Community through the time and ef- ice organization that is composed of civic- up security at the American Institute in Tai- fort she dedicated to the at-risk youth of Illi- minded persons of both sexes and many di- wan, and asked all Taiwan offices in the U.S. nois. Her accomplishments and hard work as verse ethnic backgrounds. to cancel their National Day celebrations. a mother, mentor and organizer in the public The Sacramento Senator Lions Club has a service arena will be recognized and com- Today Taiwan is under pressure by China. history of community service that stretches be- memorated in our nation’s capitol today. China accuses Taiwan’s planned peace ref- yond Sacramento and across international erendum as a move toward Taiwanese inde- borders. The Sacramento Senator Lions Club Since joining Boys Hope Girls Hope of Illi- pendence and says it would push Taiwan to reached a twinning agreement with the Osaka nois, Anne Cisle Murray has served all the ex- the ‘‘abyss of war.’’ Such rhetoric is a clear Tezukayama Lions Club of Japan during the ecutive positions on the organization’s Wom- distortion of Taiwan’s true intent. In the face of International Lions Club in New Orleans in en’s Board. In addition to her presence on the an overwhelming military threat against Tai- 1977. In recent years, mutual donations have Board of Directors and the Marketing Com- wan, Taiwanese president Chen Shui-bian in been made to projects in Osaka, Japan. Do- mittee, she has also served as President, Vice this referendum is asking his voters whether nations to the Sacramento Senator Lions Club President, Secretary, Dinner Dance Chair- they should buy more anti-missile weapons if have played a great role in developing the fra- person and Auction Chairperson. China refuses to withdraw missiles targeted at grance garden for the visually handicapped On a personal level, Anne and her family Taiwan and whether Taiwan should open up and the Japanese garden for children at the have been generous to the BHGH organiza- talks with China about issues of peace. Fairytale Town. In addition, the Sacramento tion for many years. Anne reaches out to the Senator Lions Club is also actively involved in community by welcoming young students in Taiwan has no intention to provoke China helping many other local organizations; Ca- the program to her home to facilitate social into conflict. It merely aims to avoid war and nine Companion for the Blind, City of Hope, interaction and familiarity with the other pro- free its people from the fear that they now My Sister’s House for Abused Women, just to gram families. Her general thoughtfulness and face on a daily basis. Taiwan, our ally and name a few. The Sacramento Senator Lions care ensure the success of the BHGH pro- friend, is a democracy with a competitive party Club commitment to improve the quality of life gram and its participants. system and they should have the inherent for people from all different walks of life is truly Anne Cisle Murray’s determination to enrich right to self-determine their own policies and commendable and admirable. the lives of children has made her a priceless the future of the island without the prospect of The Sacramento Senator Lions Club is member of Boys Hope Girls Hope of Illinois. fear. I sincerely urge a continuation of peace internationally renowned as one of the most By investing her time and love of children into across the Taiwan straits as well as the good successful and respected Lions Club chapters this organization, Anne Cisle Murray has relations between the Taiwanese people and in the world. The lofty status of the Sac- helped to make the future brighter for the at- Americans. ramento Senator Lions Club was confirmed risk children of Illinois.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A24FE8.018 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E193 WQED’S 50TH ANNIVERSARY The more than 250 awards that WQED recognized as one of the most successful Multimedia has won over the years, including women’s health symposiums in the country 60 Emmy’s and 12 Peabody’s, bear witness to offer women a day of fun and health edu- HON. MICHAEL F. DOYLE cation. Since 1989, more than 16,000 women OF PENNSYLVANIA the consistently high quality of programs the have attended the symposium. IN THE HOUSE OF REPRESENTATIVES organization is producing. Whereas, the Sharp Women’s Health Sym- Today, over 1,000,000 Pittsburgh house- Tuesday, February 24, 2004 posium has become one of the largest wom- holds depend upon WQED. It is now the par- en’s health events in the country. One of the Mr. DOYLE. Mr. Speaker, I rise today to let ent company of WQED TV Channel 13, attractions of this event is keeping the focus my House colleagues know about a notable WQED radio Channel 89.3 FM, WQEJ radio on San Diego community and wellness re- milestone. WQED Multimedia in Pittsburgh is Channel 89.7 FM in Johnstown, PITTS- sources. While the event reaches nearly 2,000 celebrating its fiftieth anniversary this year. BURGH magazine, local and national tele- women in San Diego, many women travel great distances to attend the symposium be- Debuting on April 1, 1954, WQED was the vision and radio productions, www.wged.org, nation’s first community-owned television sta- cause currently, there isn’t an event in their and the WQED Education Resource Center. geographical area that meets their needs tion. At the time, leaders in the Pittsburgh Pittsburgh is justifiably proud of WQED like the symposium does. community saw a need for an educational TV Multimedia. Its broadcast, print, and Internet Whereas, Sharp recognizes that women station in addition to the already present com- productions educate and entertain millions of have special healthcare needs throughout all mercial ones. As station founder Leland Haz- Americans across the country. I want to con- stages of their lives. The symposium ener- ard stated, ‘‘On this station you will find a chil- gratulate WQED Multimedia on its 50th anni- gizes, inspires and enlightens San Diego dren’s hour designed to determine whether it versary. I hope that WQED’s high-quality con- women as they invest in their health and their lives. Participants gain new under- is necessary for someone to get killed to en- tributions to our community—and this Nation— tertain young folks.’’ And that is exactly what standings that lead to better decision-mak- will continue for many years to come. ing and improved physical and emotional the station has done. Beginning with Fred f health. Rogers’ ‘‘Children’s Hour,’’ the station has Whereas, women are seeking health and continued to produce wholesome, thoughtful, HONORING JULIO AVAEL FOR HIS wellness information especially with the and nonviolent shows that entertain and edu- OUTSTANDING CONTRIBUTION TO trend towards mind-body-spirit medicine. cate both young and old. THE KEY WEST COMMUNITY The Sharp Women’s Health Symposium was Which is one of the reasons that, today, developed to meet the needs of busy women WQED Multimedia is one of the most valued and provide a one-day symposium—a sort of HON. ILEANA ROS-LEHTINEN one stop shopping of practical health infor- Pittsburgh institutions, providing educational, OF FLORIDA cultural, and informational programming for mation. IN THE HOUSE OF REPRESENTATIVES Whereas, the Sharp Symposium energizes, both local and national audiences. Tuesday, February 24, 2004 inspires, and enlightens women to take an As the programs WQED produces show, interest in their health. The event educates education has always been a priority for the Ms. ROS-LEHTINEN. Mr. Speaker, I would women about their bodies, and hopes that organization. Everyone is familiar, of course, like to take this opportunity to recognize Mr. through the knowledge they gain, women with ‘‘Mr. Rogers’ Neighborhood,’’ the award- Julio Avael, Key West City Manager for his will make better decisions regarding their winning children’s program, but not everyone significant contribution to the citizens of the health both physically and emotionally. knows that WQED has also produced a lot of city of Key West. As a tribute to his dedica- Mr. Speaker, I am proud to rise today to other high-quality children’s educational pro- tion, the Miami-Dade County Office of the congratulate Sharp Healthcare on its con- grams over the years, including ‘‘Where in the Mayor and the Board of County Commis- tinuing success in educating women about World is Carmen Sandiego?’’ and ‘‘Once Upon sioners have designated Saturday, February healthcare. As a son, a husband, and the fa- a Classic’’. In addition, WQED has produced a 21, 2004, as Julio Avael Day. ther of two daughters who is committed to pro- nationally broadcast science quarterly program During his 8-year tenure as Key West City grams to improve women’s health, I applaud entitled ‘‘The Infinite Voyage’’ and a number of Manager, Julio has demonstrated a profound Sharp Healthcare for its longstanding efforts to National Geographic Specials. commitment to our community. He has been improve the lives of women across the coun- WQED Multimedia is also very involved in especially instrumental in enhancing the gov- try. cultural promotion and preservation. WQED’s ernment through implementation of historic f radio station broadcasts various types of clas- preservation projects, neighborhood and park sical music locally, and it promotes Pittsburgh revitalization, and other citywide infrastructure HONORING THE EFFORTS OF music nationally and internationally through improvements. TAYLOR ELEMENTARY SCHOOL broadcasts of the Pittsburgh Symphony Or- Julio’s hard work has enabled him to be- chestra and the River City Brass Band, Amer- come not only a dynamic city manager, but HON. JON C. PORTER ica’s only full time professional brass band. also an energetic member of the community. OF NEVADA Many of WQED TV 13’s programs also seek f IN THE HOUSE OF REPRESENTATIVES to promote American culture. In fact, other public broadcasting stations throughout the HONORING SHARP HEALTHCARE’S Tuesday, February 24, 2004 country have copied the station’s program WOMEN’S SYMPOSIUM Mr. PORTER. Mr. Speaker, I rise today to ‘‘Things that Aren’t there Anymore’’—and sev- recognize Taylor Elementary School of Hen- eral of Rick Sebak’s programs celebrating HON. RANDY ‘‘DUKE’’ CUNNINGHAM derson, NV, for the efforts of its administra- American’s favorite pastimes, such as ‘‘Great OF CALIFORNIA tors, faculty, students, and community in pro- moting the importance of reading. Through Old Amusement Parks’’ and ‘‘A Hot Dog Pro- IN THE HOUSE OF REPRESENTATIVES gram,’’ have aired nationally. These programs their participation in the National Reading Is and many others clearly demonstrate WQED’s Tuesday, February 24, 2004 Fundamental Competition, the members of commitment to telling America’s Stories with Mr. CUNNINGHAM. Mr. Speaker, I rise Taylor Elementary School exemplify how our the American Classics, All-American Docu- today to recognize the 14th Annual Sharp children thrive when given support—both in mentaries, an American Soundtrack and Women’s Health Symposium. This year’s sym- the classroom and from the surrounding com- America’s Home Cooking series. posium, scheduled for Saturday, February 28 munity. Informing viewers about the world and com- at the San Diego Convention Center, focuses As they work to achieve national recognition munity is another important goal for WQED on women recharging for their health, their for their Reading Is Fundamental efforts, the Multimedia. One outlet it uses to do this is family, and their career. The Sharp Women’s children and faculty of Taylor Elementary have Pittsburgh Magazine, which informs readers Health Symposium’s mission is to empower gained the aid of the entire Henderson com- about the interesting people and places in and women to assume greater personal responsi- munity; including high school students, local around the city. Additionally, WQED Multi- bility for their own health and the health of business men and women, and the mayor of media provides an Educational Resource Cen- their families. I offer the following resolution in Henderson, Jim Gibson. The importance of ter for teachers and has a community out- recognition of the Sharp Women’s Health reading to these children and their teachers reach program that combines the power of the Symposium: highlights the fact that true breakthroughs in media with community involvement to help in- Whereas, since 1989, Sharp HealthCare has education occur most effectively in the class- form Pittsburghers of important issues affect- hosted a daylong health symposium for room. I ask that my colleagues join me in ing them. women in San Diego and this event is widely commending the efforts of those involved and

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.022 E24PT1 E194 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 wish Taylor Elementary School all the best of UNCLE ARTHUR AND ORVILLE League of Lubbock as they celebrate their luck in their future endeavors. WRIGHT 50th Anniversary. Through the course of my life, I have seen the Junior League do amaz- f HON. ROB SIMMONS ing things. As their mission statement reads, OF CONNECTICUT they were created to be ‘‘an organization of INTRODUCTION OF A BILL TO IN THE HOUSE OF REPRESENTATIVES women committed to promoting volunteerism, AMEND THE INTERNAL REVENUE Tuesday, February 24, 2004 developing the potential of women, and im- CODE OF 1986 TO ALLOW A CRED- proving our community through the effective IT AGAINST THE ALTERNATIVE Mr. SIMMONS. Mr. Speaker, earlier this action of trained volunteers’’. As innovative MINIMUM TAX WHERE STOCK month the media reported that Rover and Op- and radical as this mission statement sounded ACQUIRED PURSUANT TO AN IN- portunity were exploring the Martian surface. half a century ago, the League stands firm CENTIVE STOCK OPTION IS SOLD Mars is about 35 million miles from Earth, yet today, backed by a half century of successes. OR EXCHANGED AT A LOSS man can reach that alien world. In February of 1954, the Junior Welfare On December 17, 1903, at Kitty Hawk, League of Lubbock was born into the Associa- North Carolina, an equally awe-inspiring event tion of Junior Leagues International. Armed HON. JIM GERLACH took place. It was there that Wilbur and Orville with a charter that was approved on March 15 Wright gave birth to man’s ability to fly by suc- of the same year, theirs has been a story of OF PENNSYLVANIA cessfully testing the first powered, heavier- untiring determination and commitment. They IN THE HOUSE OF REPRESENTATIVES than-aircraft that achieved sustained flight with have, over the past fifty years, been the gate- a pilot aboard. The first flight was only 120 way for several incredible women who have Tuesday, February 24, 2004 feet, far less than the distance to Mars, but dedicated themselves to the cause of society. that single event defined the 20th Century. The League has consistently helped these Mr. GERLACH. Mr. Speaker, I am pleased In the December 2003 issue of Aircraft to rise today to ask for my colleagues’ support women gain invaluable training and leadership Owners and Pilots Association Magazine, I skills, while providing for innumerable volun- on a bill I recently introduced. The bill will rem- learned, through an article written by my edy a great injustice inflicted upon numerous teer opportunities. Moreover, the fundraisers brother, Tom Simmons, that our family has a conducted by the organization over past years taxpayers as a result of the operation of the connection to the Wright Brothers. Our Great Alternative Minimum Tax, AMT, system on the have borne fruit in the form of approximately Uncle Arthur Ruhl was one of only six journal- three million dollars. This amount has added sale of shares of stock acquired by the exer- ists in May 1908 to watch the Wright Brothers cise of incentive stock options, ISOs. to the sparkle of the Lubbock community in work with their aircraft at Kitty Hawk. An article the form of several outstanding and worthwhile Many companies offer ISOs to reward the about what Uncle Arthur saw appeared in Col- projects. For example, Ronald McDonald innovation and loyalty of their employees. In- liers magazine on May 30, 1908. But this story House, Safety City, Fire Safety House, Chil- stead of being a reward, however, this gen- doesn’t end with Uncle Arthur’s article. He dren’s Advocacy Center, and Legacy Play Vil- erosity can result in an exorbitant tax burden sent a copy of his story to the Wright Brothers lage are just a few of their many noted accom- on the employee. To illustrate, imagine an em- and Orville sent back a warm reply. plishments. ployee chooses to exercise his or her ISO to Emboldened by the inventor’s response, and In this age and era, one often hears of how purchase 1,000 shares at $10 each when the his own curiosity, Uncle Arthur wrote back and the cloud of selfishness and distrust has fair market value of those shares is $100 per asked if he could take a flight. Orville re- eclipsed our world. However, looking upon an share. On paper, the employee just made sponded that they had so many requests they organization like the Junior Welfare League of $90,000. At the end of the tax year, the AMT were limiting their passengers to Army offi- Lubbock, one cannot help but experience the forces the employee to pay a tax on the cials. light of compassion and giving that motivates $90,000 gain of more than $25,000, based on Undaunted, Uncle Arthur continued his cor- it. It is even more impressive when one con- a taxpayer earning $75,000 per year and sup- respondence with Orville Wright. By 1910 the siders the discipline with which the volunteers porting a family of four. Wright Brothers were exhibiting their aircraft work and coordinate. Without doubt, the because the public was paying to watch the ISOs often require an employee to hold League has whole-heartedly striven to fulfill flights. Who should be covering one of the ex- shares for a certain period of time. In my illus- the goals that they set when they were first hibitions for Colliers Weekly but Uncle Arthur. tration, the employee is finally able to sell his formed. He was watching Orville Wright train one of shares a year later when, as has been the The 183rd member to join the Association of his students when the inventor extended the case many times over during the recent years, Junior Leagues International, the Lubbock long sought invitation. the unpredictability of the market forces the League is named as one of its finest chapters Uncle Arthur found the adventure exhila- stock price down to $40 per share. The em- today. Indeed, it is impossible to imagine Lub- rating. He wrote, ‘‘It was now that we seemed, ployee gains $30 per share for a total gain of bock without its beloved Junior Welfare indeed, to be going like the wind—a wonderful $30,000. The employee, however, already League. Through their various volunteer sensation, like nothing else, so near to the paid taxes on a $90,000 gain. The tax liability projects, the organization has been instru- earth, yet spurning it.’’ mental in propelling Lubbock’s growing pros- on a $30,000 gain is just over $9,000—ap- I fly between Washington and my home in perity. More importantly, it has served to act proximately $16,000 less than what was paid Connecticut just about every weekend. Today as an influential wind wane for the youth, and in the year the ISOs were exercised. Due to air travel does not inspire the awe described has repeatedly inspired the community to take the complicated nature of the AMT tax system, by Uncle Arthur. But it is an amazing thing— up more volunteer projects. The organization’s it could take the employee up to 11 years to the ability to fly thousands of miles around the integrity and service-minded approach has en- recover that additional money paid to IRS on world in a matter of hours, or to set foot on a deared it to all the residents of Lubbock, and a liability that he did not really owe. That is planet that our ancestors looked at every night I am sure that I am not alone when I say that money that our economy badly needs to be with amazement and wonder. I can now look it has become a part of Lubbock history and reinvested. at flight through the eyes of my Uncle Arthur; society. My bill will rectify this injustice in our tax and I will probably never look at the trip be- To dream of social work is not difficult. How- system by amending the Internal Revenue tween Washington and Connecticut so cas- ever, to actually persevere toward imple- Code to allow an immediate refundable credit ually ever again. menting that dream is not easy because it in the tax year a taxpayer sells his or her f takes a lot of dedication, creativity and initia- shares, when that sale is made at a fair mar- tive. And so, when we celebrate 50 years of ket value which is less than the fair market HONORING THE JUNIOR LEAGUE OF LUBBOCK existence of the Lubbock’s Junior Welfare value used to determine the tax in the year League, we are actually celebrating those the ISO was exercised. This refundable credit qualities and people that have made these 50 will merely be a return of money that the indi- HON. RANDY NEUGEBAUER OF TEXAS years a successful reality. vidual taxpayer paid into the general revenue Mr. Speaker, please join me in extending IN THE HOUSE OF REPRESENTATIVES but which he or she did not actually owe. my hearty congratulations to the Junior I ask all Members to join me in this effort to Tuesday, February 24, 2004 League of Lubbock. I applaud them and ex- rectify this unbearable and unjustified tax bur- Mr. NEUGEBAUER. Mr. Speaker, I rise tend my sincere wishes for all their future en- den from many middle-income families. today to honor and acknowledge the Junior deavors.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A24FE8.026 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E195 HONORING AND RECOGNIZING UNC Purdue University, Belmont Abbey College, Indeed, I am privileged to have been en- CHARLOTTE CHANCELLOR EMER- UNC Charlotte and Berea College. couraged and inspired by her work, and I ITUS DEAN WALLACE COLVARD f thank her for giving me the honor of rep- resenting her in the U.S. Congress. HON. SUE WILKINS MYRICK HONORING SARA BERLIN: A YOUNG AND TRULY INSPIRING OF NORTH CAROLINA f COMMUNITY LEADER IN THE HOUSE OF REPRESENTATIVES IN HONOR OF AMERICA’S Tuesday, February 24, 2004 HON. KENDRICK B. MEEK FIREFIGHTERS Mrs. MYRICK. Mr. Speaker, I would like to OF FLORIDA honor and recognize UNC Charlotte Chan- IN THE HOUSE OF REPRESENTATIVES HON. CHRISTOPHER JOHN cellor Emeritus Dean Wallace Colvard. On Tuesday, February 24, 2004 OF LOUISIANA February 24, 2004 he will receive an award that recognizes his lasting impact on our na- Mr. MEEK of Florida. Mr. Speaker, I rise to IN THE HOUSE OF REPRESENTATIVES tion. Dr. Colvard, 90, is the 2004 recipient of pay tribute to one of Miami’s youngest com- Tuesday, February 24, 2004 The Echo Award Against Indifference, given munity leaders, 11-year-old Sara Berlin, a 6th Mr. JOHN. Mr. Speaker, Please allow me to by the Echo Foundation in honor of his lifelong grader from Jacobson Sinai Academy extend my thanks and gratitude to a class of commitment to equity and justice. Bergman Upper School in Miami. On Friday, extraordinary Americans who put their lives on Dr. Colvard is best known for his coura- February 13, 2004, Sara was honored by the line daily for the security of our nation and geous stand against racial discrimination in community leaders and organizers of ‘‘Do The its citizens—our firefighters. Yesterday marked 1963 as president of Mississippi State Univer- Right Thing of Miami, Inc.’’, a program under National Firefighter’s Day, and it is important sity, when he challenged an unwritten state the auspices of the City of Miami Police De- for us to realize that in almost any emergency, policy and allowed the basketball team to trav- partment. the first agency called is the fire department— el to Loyola of Chicago to compete in the Although I have not had the opportunity to putting America’s firemen and women among NCAA tournament against African American meet Sara yet, I feel as though I know her our nation’s first lines of defense. players. Although his team lost, 61Ð51, after reading her book about the agonizing Every hour of every day, the 21,000 fire Colvard and Mississippi State won national re- plight of Haitian children. I do reserve the ut- companies across the nation stand ready to spect for their quest to end segregation—and most respect for her recent and compas- answer the call. In my home state of Lou- opened doors of opportunity for future genera- sionate work. isiana, nearly 20,000 firefighters in 592 depart- tions. It is my understanding that Sara was genu- Forty years later, in 2003, Mississippi State inely inspired to write her book after research- ments are prepared to encounter any threat. made national news for earning its second trip ing the plight of Haitian children and learning While we may not see these men and women to the NCAA, and Colvard’s actions were about my bill which would allow alien children every day, their importance is unquestioned chronicled in a Sports Illustrated story looking to be transferred from the Department of when an emergency arises. back on the historic event. To this day, Homeland Security to the Office of Refugee Not only do firefighters provide our citizens Colvard downplays the significance of his de- Resettlement within 72 hours of apprehension, with dependability in security, but their record cision, saying he only did what was right. and to be released from custody and placed of civic duty is long withstanding. Firefighters Dr. Colvard was born in the Appalachian into the community with a qualified relative or dedicate much of their free time to volunteer Mountains in Grassy Creek, N.C. in 1913—in caretaker within 15 days of such apprehen- in their local communities. We’ve seen them at a home with no electricity, indoor plumbing or sion. I am delighted to know that Sara in- the grocery stores and intersections, encour- running water. He was the first member of his cluded me in her book. aging citizens to ‘‘Fill the Boot’’ to contribute to family to go to college, entering the work-study Indeed, Mr. Speaker, our quest for simple the Muscular Dystrophy Association, for which program at Berea College in Kentucky with justice and fairness for newly-arrived Haitians they’ve raised nearly $200 million over the $100 in his pocket. Those humble beginnings evokes the storied stance of our Nation as the past 50 years. When off-duty, a firefighter will instilled in him a lifelong commitment to equity defender of due process and human rights, often stop to help a stranded motorist, render and justice. particularly when the beneficiaries of our ac- aid at an accident, or just stop whatever they He went on to earn a Master of Arts degree tion are helpless children. are doing to help. Our quality of life in America in animal physiology from the University of I am so grateful that Ms. Sara Berlin, a is better thanks to the services of our law en- Missouri and a doctoral degree in agricultural magnificent advocate in her own right, has forcement, first responders and firefighters. economics from Purdue University. He has added her own brave words to ours. We are The security role our firefighters retain has served as superintendent of North Carolina strengthened yet again by her timely voice to evolved beyond just putting out fires. Our fire- Agricultural Research Stations; professor and the cause that calls attention to the cruel dis- fighters now deal with hazardous material re- head of the animal science department and enfranchisement of Haitians and their children. sponse and medical emergencies. They train later, dean of agriculture at North Carolina Sarah writes, to be first responders and paramedics, com- State College; president of Mississippi State Everyone should help kids. They shouldn’t prise search and rescue squads to retrieve University; and first chancellor of The Univer- be locked up. Everyone should donate or do trapped victims in burning or collapsed build- sity of North Carolina at Charlotte. He played something to help out. It is really not fair. ings, and extract injured persons from car ac- an instrumental role in shaping the new uni- Kids should be able to live freely. cidents. Some departments also have SCUBA versity by securing regional and national ac- With her book on Haiti and specifically Hai- teams and high angle rescuers. creditation for its programs and building a tian children, we are inspired by a greater ap- The role of our firefighters changed forever campus to accommodate enrollment that preciation of their struggles. I am moved by when we witnessed 343 of them give their swelled from 1,700 to 8,705 students during the inspiring description written about Sara’s lives just two years ago. On 9/11, hundreds of his chancellorship. work of compassion thus: ‘‘I’m proud that Sara firefighters rushed up the stairs of the burning Dr. Colvard was also instrumental in cre- has taken an interest in helping others. The World Trade Center, as everyone else was ating University Research Park and Discovery feelings she expressed, and the desire to rushing down and out of the building. They Place Science Museum in Charlotte, and the help, are genuine and spontaneous.’’ saved thousands with their selfless bravery. North Carolina School for Math and Science in I join our community in honoring Sara and Now, after 9/11, we see more than ever the Durham—the nation’s first public, residential her parents, classmates and teachers as they vital role firefighters play in our nation’s secu- high school that emphasizes a science and come together at the city of Miami Police De- rity and preparedness. There should be no mathematics curriculum. Among Colvard’s partment. It is without a doubt that we will long doubt that our firefighters remain squarely on many honors are the United States Depart- remember this wonderful day as Sara inspires the front lines of homeland security; and if ter- ment of the Army Outstanding Civilian Award those of us who continue to care for the voice- rorists strike again, they will be the first ones (1966); the University of North Carolina Uni- less children of the world. We are comforted on the scene risking it all for our well being. versity Award (1989); the North Carolina Pub- by her words in articulating their struggles to On National Firefighter’s Day—and every- lic Service Award, presented by Gov. James be free and living in a democratic country like day—let’s remember to say ‘‘thanks’’ to all of Martin (1990); and honorary degrees from ours. our brave and selfless firefighters.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A24FE8.030 E24PT1 E196 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 HONORING THE LIFE OF ESTHER TRIBUTE TO BROWNIE TROOP 139 A PROCLAMATION HONORING ‘‘KITTY’’ BUHLER BRADLEY OF SOUTH HAVEN, MICHIGAN BYRON SPENCER PETERSEN HON. TOM DAVIS HON. FRED UPTON HON. ROBERT W. NEY OF VIRGINIA OF OHIO OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Tuesday, February 24, 2004 Tuesday, February 24, 2004 Tuesday, February 24, 2004 Mr. TOM DAVIS of Virginia. Mr. Speaker, I Mr. NEY. Mr. Speaker, Whereas, Matt and rise today to honor the life of the late Mrs. Es- Mr. UPTON. Mr. Speaker, I rise today to Wendy Petersen are celebrating the birth of ther ‘‘Kitty’’ Buhler Bradley, widow of General pay tribute to the girls of Brownie Troop 139 their son, Byron Spencer Petersen; and Omar N. Bradley, the last five-star general of of South Haven, Michigan, who have over the Whereas, Byron Spencer was born on the the U.S. Army. last few months sent numerous care packages 16th day of February, 2004, and weighed 9 Mrs. Bradley was born in New York City and to our troops serving in Iraq. These young la- pounds and 6 ounces; and graduated from Manhattan Business College. dies have shown remarkable dedication and Whereas, the Petersens have all occasion In the late 1940s, she took a U.S. Government devotion to our troops, and I am confident that to celebrate with friends and family as they job in Japan and also began freelance writing this great project has been received with grati- welcome Byron Spencer into their family; for the military newspaper Stars & Stripes and tude and appreciation from those overseas. Therefore, I join with the Members of Con- the news service United Press. While on an Since the troop began their project, they gress and their staff in congratulating Matt and assignment for the United Press in Okinawa, have collected more than $1,200 worth of Wendy Petersen and wishing Byron Spencer a she first met General Bradley. She soon de- items totaling 345 pounds. Some of the items very happy birthday. veloped a close relationship with General these generous girls have sent include granola f Bradley and secured the rights to his life story, bars, playing cards, batteries, hand lotion, which she hoped to turn into a motion picture. boot laces, and of course Girl Scout cookies. RECOGNIZING JEAN E. SAWITZKY Upon returning to the United States in the Over the holidays, the girls put together spe- 1950s, Mrs. Bradley found work as a film and cial packages to give our troops a sense of HON. MIKE THOMPSON television writer under the name Kitty Buhler. home. OF CALIFORNIA Some of her most notable projects were the Brownie Troop 139 is comprised of Jeanne IN THE HOUSE OF REPRESENTATIVES 1958 Victor Mature film, ‘‘China Doll,’’ and two Lyon, leader of Troop 139; Marilyn Shaefer, Tuesday, February 24, 2004 television production series, ‘‘The 20th Cen- co-leader; Stephanie Balke; Maggie Filbrandt; tury Fox Hour’’ and ‘‘My Three Sons.’’ Jessica Overholser; Hannah Lyon; Shelby Mr. THOMPSON of California. Mr. Speaker, In 1966, following the death of General Murphy; Erin Cooper; and Lauren Mont- I rise today to recognize Jean E. Sawitzky. Bradley’s first wife, Mrs. Bradley and General gomery. The magnificent work this troop has Jean will have completed 38 years of loyal Bradley were reunited, then married in San done to encourage morale and give support to and productive work for the United States Diego. our troops has been inspiring. It greatly pleas- Postal Service on February 29, 2004. Although Mrs. Bradley never realized her es me to honor the great charity these girls Jean Sawitzky began her outstanding career dream of taking her husband’s life story to the have done, and I find their patriotism and self- at the West Sacramento post office soon after big screen, parts of General Bradley’s career lessness to be deeply moving. graduating from high school. She worked her were chronicled in the 1970 ‘‘Patton,’’ starring way up through the administrative ranks and George C. Scott as General George Patton f has served as the Postmaster for Courtland and Karl Malden as General Bradley. The cou- and Clarksburg, California. In addition to run- ple worked closely together, assisting in the PROTESTING THE U.N. GENERAL ning an efficient office, Jean’s smile and supe- making of the film. ASSEMBLY’S DECISION TO RULE rior customer service have marked her tenure. For nearly 15 years, the Bradleys lived hap- ON THE LEGALITY OF ISRAEL’S She will be missed. pily together. Mrs. Bradley not only was a lov- SECURITY FENCE Jean has also been a very active member ing wife to the highly respected and admired of the West Sacramento and Delta commu- five-star general but also a successful free- HON. JO ANN DAVIS nities, serving as a member and leader of nu- merous civic, church and community-service lance writer and screenwriter in her own right. OF VIRGINIA Mr. Speaker, in closing, I would like to pay organizations. IN THE HOUSE OF REPRESENTATIVES tribute to the life and work of Mrs. Bradley and In recent years she has become widely express my deepest condolences to all who Tuesday, February 24, 2004 known for the quality and originality of her handmade quilts, and has been honored at knew and loved her. Mrs. JO ANN DAVIS of Virginia. Mr. Speak- the Yolo County and California State Fairs. f er, I rise today to protest the U.N. General As- Jean now teaches this craft to others in north- sembly’s decision to rule on the legality of CONGRATULATIONS TO THE ern California. Israel’s security fence. HELIAS HIGH SCHOOL MARCHING We are confident that in her retirement CRUSADERS I have just recently returned from Israel, years, Jean will find more time to invest in where I had the opportunity to see firsthand community service and her artistic endeavors. HON. IKE SKELTON the issues surrounding the security fence. I want to thank Jean for her years of excellent Simply stated, Mr. Speaker, the purpose be- OF MISSOURI service and wish her well in the active retire- hind this temporary fence is to protect the IN THE HOUSE OF REPRESENTATIVES ment years ahead. Israeli people from suicide bombers and ter- Mr. Speaker, it is appropriate at this time Tuesday, February 24, 2004 rorists in a region marked by violence and in- that we recognize Jean E. Sawitzky for her Mr. SKELTON. Mr. Speaker, it has come to stability. contributions to her community and her serv- my attention that the Helias High School However, the issue here today is not the ice to our Nation. lawfulness of Israel’s security fence. It is the Marching Crusaders from Jefferson City, Mis- f souri, have earned first place honors in the appropriateness of bringing such a com- SBC/Cotton Bowl’s band competition. plicated and political issue before the Inter- RECOGNIZING SUE HOLMAN AND Under the direction of Ray Cardwell, the national Court of Justice (ICJ) in an unbal- SUSAN WEEKS students placed first for middle-sized schools anced manner. in the field competition, parade and jazz band I am encouraged by the administration’s HON. MIKE THOMPSON categories. support for Israel before the court and agree OF CALIFORNIA Mr. Speaker, the Helias High School March- that such proceedings could undermine the IN THE HOUSE OF REPRESENTATIVES ing Crusaders represented their school and negotiations already under way between Israel their State with honor and distinction. I am and the Palestinian Authority. I encourage Tuesday, February 24, 2004 certain that the Members of the House will join Congress to join the administration in sending Mr. THOMPSON of California. Mr. Speaker, me in congratulating them on their fine per- a strong message to the U.N. opposing this I rise today to recognize two extraordinary formance. anti-Israel decision. women who have jointly been named the city

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K24FE8.002 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E197 of Sonoma’s 2004 Alcaldesas, or honorary President of the Jewish Federation of Greater Well, time is running out and we must again mayors. Springfield in Massachusetts. In 1999 Ms. extend the programs. Why? Because ideology, For more than 10 years, Sue Holman and Pava received this same Federation’s Young not good policy, is driving this debate. Susan Weeks have volunteered countless Leadership Award. On November 19, 73 Members of the Com- hours to Sonoma Valley’s Meals on Wheels Jeremy currently sits on the finance com- mittee on Transportation and Infrastructure in- program. They work 5 days a week preparing mittee of the Heritage Academy and continues troduced H.R. 3550, authorizing $375 billion 2 gourmet meals for housebound residents. A to serve as a trustee of the Harold Grinspoon for the highway, transit, and transportation typical weekly fare is pork chops in mushroom Foundation, as he has done since its incep- safety programs for the next six years. Today, sauce, spicy lamb logs, linguini and clams, ta- tion. In the past, he has been the president of the bill has 137 cosponsors. The Transpor- male pie and roast beef. Over the past 10 Congregation Kodimoh and the campaign tation and Infrastructure Committee was years, they calculate that they have prepared chair for the Young Men’s Division of the Jew- poised to mark up this legislation last week, a quarter of a million meals. ish Federation of Greater Springfield. In 1999 but the Republican Leadership has delayed its In addition to all of the food preparation, he received the Kodimoh Brotherhood Human- consideration. they prepare the menus, shop for groceries, itarian Award. At present, he also is a man- Despite the fact that the funding levels in- do all of the baking, maintain inventory control aging partner at Aspen Square Management, cluded in our bill were derived from the De- and supervise the 90 volunteers who package a real estate investment company in West partment of Transportation’s highway and tran- and deliver the food and assist in the kitchen. Springfield. sit needs report, the Administration strongly They recognize that many of the people Alone their actions are more than note- opposes additional infrastructure investment. they serve live alone and try to make each worthy, however, together they have given Last week, the President submitted his Budget day special. Each holiday has a theme meal, even more to the Jewish community. They are to Congress and it flat-lined the highway and and each client receives a personalized a founding family, and generous supporters, of transit programs, and did not include one addi- present or two at Christmas of Hanukkah and the Hebrew High School of New England in tional dollar for highway and transit investment on their birthday, plus a split of wine or cham- West Hartford, which opened in 1996. Addi- over the next 6 years. pagne. tionally, Ann was the founding President. Why? When our country’s economic They are able to maintain a high quality of HHNE is the only Jewish high school between strength, improve business productivity, and fare and bolster the spirits of the people they New York and Boston, serving families from our desire to create a safe, efficient transpor- serve while running the only all-volunteer different observant backgrounds in Springfield, tation system are all dependent upon increas- Meals on Wheels program in the State of Cali- Hartford, and New Haven regardless of their ing investment in our Nation’s infrastructure, fornia. financial situation. why does the Administration oppose such in- In recognition of their contributions, the city This school has grown significantly since its vestment? It cannot be because of any re- of Sonoma designated them ‘‘los dos inception in 1996. This burgeoning school is newed Republican concern about the size of Alcaldesas,’’ following a 28-year-old tradition now pushing the limits of its current location, the deficit—the President proposes $1.2 trillion of selecting someone in the community who thanks in no small part to the work of Mr. and of new tax breaks that, if enacted, would result works selflessly on behalf of others. The Al- Mrs. Pava. They have both contributed im- in a total of $3.2 trillion of new tax breaks, pri- calde/Alcaldesa reflects the town’s Spanish mensely to the school’s vitality and growth. As marily targeted at the wealthiest Americans, and Mexican heritage and the ‘‘honorary may- a result, they are to be honored at the Hebrew since assuming office in 2001. ors’’ will preside at all ceremonial functions on High School’s first Annual Scholarship Dinner. When this Administration and the Repub- behalf of the city. The proceeds will go towards a new building lican-led Congress have presided over an Susan Weeks settled in Sonoma 18 years to house the school, so that it may continue to economy that has seen the number of unem- ago following an international career that took grow and serve more members of the Jewish ployed workers increase by 2.4 million workers her to Jerusalem, South Africa and Wash- community in New England. and the construction industry is suffering ington, D.C. In addition to Meals on Wheels, Mr. Speaker, I am proud to pay tribute to under a 9.3 percent unemployment rate, why she has also been active in public safety and two extraordinary people from the Springfield does this Administration oppose infrastructure infrastructure issues, and working with the area. Their work for HHNE, Jewish education, investment that its own Department of Trans- Verano Springs Association and the Sonoma and the Springfield community is commend- portation estimates will create 47,500 jobs and Valley Citizens Action Committee. able, and the standard they set for public serv- $6.2 billion for every $1 billion of Federal Sue Holman is a retired investment banker ice is outstanding. People, such as the Pavas, funds invested? I am sure that the 800,000 who has been in Sonoma 11 years. An animal are what make Springfield such a wonderful construction workers who look for work each lover, she was one of the driving forces in the place to live, and I am personally glad to month would gladly line up for the more than establishment of Sonoma’s only dog park. share this city with them. 1.7 million construction jobs this bill will create Mr. Speaker, Susan Weeks and Sue Hol- f and sustain over the next six years, including man provide an invaluable service to their 445,000 jobs this year alone. community, and it is appropriate that we honor SURFACE TRANSPORTATION EX- them today as Sonoma, California’s 2004 Dos TENSION ACT OF 2004 FEBRUARY Why? Because the Administration and some Alcaldesas. 11, 2004 of the Republican Leadership would rather kneel at the altar of ‘‘no new gas taxes’’ than f SPEECH OF develop the policy necessary to invest in our HONORING MR. AND MRS. JEREMY HON. JAMES L. OBERSTAR Nation’s infrastructure. A few days ago, in an AND ANN PAVA—SPRINGFIELD interview, President Bush implied that the OF MINNESOTA COMMUNITY LEADERS IN SERV- highway and transit programs were fueling the IN THE HOUSE OF REPRESENTATIVES ICE Federal budget deficit. Nothing could be fur- Wednesday, February 11, 2004 ther from the truth. Nearly all of the expendi- HON. RICHARD E. NEAL Mr. OBERSTAR. Mr. Speaker, continuing tures from these programs are funded by the OF MASSACHUSETTS my earlier statement, time is again running out Highway Trust Fund. The Trust Fund is fi- nanced by revenues from user fees. It is a IN THE HOUSE OF REPRESENTATIVES in our effort to reauthorize our Federal high- way, public transit, and transportation safety ‘‘pay-as-you-go’’ program; outgoing expendi- Tuesday, February 24, 2004 programs. The Transportation Equity Act for tures are tied to incoming revenues; and the Mr. NEAL. Mr. Speaker, I rise today to rec- the 21st Century (TEA 21) expired on Sep- revenues may only be used for infrastructure ognize and honor the contributions made by tember 30, 2003, and Congress passed a 5- investment. Mr. Jeremy Pava and Mrs. Ann Pava to the month extension, which expires on February The Trust Fund is a model of fiscal dis- Jewish community. Over the courses of their 29. On September 24, during consideration of cipline. The Byrd Amendment serves as an lives, they have contributed greatly through that extension bill, I stated: ‘‘I am afraid . . . anti-deficiency mechanism that prevents the both their service and generosity to the ad- we will be back here on this floor once again Trust Fund from over-spending. This system vancement of Jewish causes in New England. pleading for another extension of time to keep of user fees has been well-tested by decades Ann sits on the boards of both the Associa- transportation programs from once again ex- of experience. It provides a clear and unam- tion of Modern Orthodox Day Schools at Ye- piring.... I do not want to be back on this biguous way to provide the revenues required shiva University as well as the Jewish Ortho- floor saying again what I said 6 years ago, to make the necessary improvements to the dox Feminist Alliance. She also serves as the time is running out.’’ system.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K24FE8.008 E24PT1 E198 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 It is for these reasons that the bipartisan conscious means to try and achieve their par- and abandoned buildings. With only a short leadership of the Transportation and Infra- ticipation goals. For example, my home state list of contacts, Susan was fortunate to find an structure Committee propose to restore the of Minnesota established a goal for 2002 of individual who knew where to look. ‘‘In that purchasing power of the gas tax, which was 10.3 percent DBE participation in Federally-as- sewer, I found my life’s work,’’ she has said. last increased more than a decade ago. Under sisted transportation construction contracts. Indeed, she has dedicated countless hours to the Committee’s proposal, the gas tax would Minnesota officials determined that only 2.6 her mission. increase by a nickel and the average com- percent of this goal could be achieved with Operating out of her own home and a post muter would pay only an additional $36 per race-neutral means and 7.7 percent would office box, Susan collects clothing and dona- year. The user fee system has served us well. need to be met using race-conscious means. tions and has been awarded hundreds of We should further utilize the strengths of that Despite its good-faith effort to achieve this thousands in charitable grants. Through her system to generate the necessary revenues to self-imposed goal, Minnesota was only able to hard work and the generosity of her contribu- meet the needs of the transportation system. achieve 6.63 percent DBE participation. tors, Archway has been able to purchase two Regrettably, the reason we are here today Minnesota’s experience demonstrates two small homes in Romania as well as employ with another extension bill is because Admin- important facts about the program. First, as several Romanians. One of the homes is used istration ideology and political expediency is courts throughout the country have found, the as a soup kitchen from which volunteers take trumping good policy. The reauthorization bill DBE program is truly one of setting goals; it is food out to hundreds of homeless children is again delayed. As we approach the summer not a quota system. States must make a every week and provide groceries to squatter construction season, States will be slow to good-faith effort to achieve its goal. Second, families who take refuge in abandoned build- make the necessary investments during these the goal setting required by the DBE program ings. uncertain times. Good-paying jobs will be lost is crucial to increasing participation of DBE’s It is not often that you find an individual with or never created. Last fall, State transportation in Federally-assisted transportation contracts. such dedication and commitment. Susan’s officials estimated that an extension bill would In Minnesota state-funded transportation con- good work has touched the lives of thousands mean $2.1 billion in project delays and the tracts, where there was no DBE goal estab- of needy children. More importantly, she has loss of more than 90,000 jobs. This extension lished, DBE participation was only 4.42 per- inspired countless numbers of people to do- simply compounds those losses. cent. nate their time and energy to provide one of Instead, we now face vigorous behind-the- By extending this program today, we specifi- life’s most precious gifts: hope. scenes efforts by the Administration and the cally reaffirm the government’s compelling in- I am proud to stand today to join the Devon Republican Leadership to cut the funding lev- terest in ensuring that States receiving Federal Rotary and the many family and friends who els in our bipartisan bill and develop budget funds for transportation construction make a have gathered this evening in extending my schemes that shift money from one account to good faith effort to ensure participation by sincere thanks and heart-felt congratulations another—to increase revenue to the Highway minority- and women-owned businesses in to Susan Booth as she is named a Paul Harris Trust Fund without increasing the user fee. those construction projects. fellow. Yours is a legacy that is sure to con- While I will work with all parties to ensure that Mr. Speaker, I urge my colleagues to sup- tinue to inspire generations to come. we find the necessary resources to increase port H.R. 3783. f our transportation investment, I will not sup- f port smoke-and-mirror proposals that simply INDIA DISSOLVES PARLIAMENT: further ideological objectives or political expe- HONORING SUSAN BOOTH FOR HER ELECTIONS COMING; MINORITY diency, but not the long-term interests of the OUTSTANDING COMMITMENT TO NATIONS SHOULD VOTE FOR highway and transit programs. PUBLIC SERVICE FREEDOM Faced with these current roadblocks, we must again extend the highway, transit, and HON. ROSA L. DeLAURO HON. EDOLPHUS TOWNS transportation safety programs or face a shut- OF CONNECTICUT OF NEW YORK down of both the Department of Transpor- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tation agencies and Federal surface transpor- Tuesday, February 24, 2004 Tuesday, February 24, 2004 tation funding. Mr. Speaker, before I close, there is one Ms. DELAURO. Mr. Speaker, it is with great Mr. TOWNS. Mr. Speaker, I noticed the other very important element of this extension pleasure that I rise today to join the many other day that India is dissolving its Parliament that deserves mention. That element is its gathered to pay tribute to an outstanding on February 6. They will be having new elec- continuation of the Disadvantaged Business member of our community, Susan Booth, as tions soon, perhaps as soon as March. Enterprises (DBE) program, as that program is she is honored by the Devon Rotary and These elections, unlike ours, change faces, set forth in TEA 21. Since enactment of the named a Paul Harris fellow. The Paul Harris but don’t seem to change policy. The repres- Surface Transportation Assistance Act of fellow recognition was created in memory of sion of minorities continues no matter who 1982, Congress has included a program to aid Paul Harris, the founder of Rotary, as a way wins. This repression has killed over 250,000 socially and economically disadvantaged busi- to show appreciation for contributions to the Sikhs since 1984, over 300,000 Christians in nesses to successfully compete for transpor- foundation’s charitable and educational pro- Nagaland since 1947, over 85,000 Kashmiri tation construction contracts. Because of this gram. Every Paul Harris fellow receives a pin, Muslims since 1988, and tens of thousands of program, we have made impressive strides in medallion and a certificate when he or she be- other minorities. More than 52,000 Sikhs, as increasing the participation of minority- and comes a fellow, identifying the recipient as an well as tens of thousands of other minorities, women-owned businesses in Federally-as- advocate of the foundation’s goals of world continue to be held as political prisoners. Yet sisted transportation construction contracts. peace and international understanding. The India cites elections like the ones upcoming to Today, more than 20,000 DBE’s participate in commitment and dedication that Susan has show that it is a democracy. the program. However, as recent evidence demonstrated is indeed a reflection of all that That isn’t very democratic for the minorities, demonstrates, there continues to be a compel- the Rotary stands for. It is wonderful to see is it, Mr. Speaker? As I have said before, the ling need for the DBE program. her work so proudly recognized by her com- mere fact that they have the right to choose The current program is narrowly tailored to munity. their oppressors doesn’t mean they live in a allow States to set and refine goals for partici- Founder of the Archway Foundation, Susan democracy. pation of disadvantaged businesses in Feder- has spent nearly 15 years collecting donations Dr. Gurmit Singh Aulakh, President of the ally-assisted transportation contracts. These to feed and clothe homeless children in Roma- Council of Khalistan, has issued an open letter goals must be appropriate for the State’s pop- nia. Inspired by a television program about to the Sikhs in Punjab on the elections urging ulation. Further, the current program requires Romanian orphans abandoned when com- the Sikhs in Punjab to reject all major parties States to try and meet those goals by race- munism collapsed, Susan, a railroad con- and vote for candidates inclined to support the neutral means. It is only when race-neutral ductor on a commuter train between Con- freedom of Khalistan, the Sikh homeland that means fail to achieve sufficient DBE participa- necticut and New York’s Grand Central Sta- declared its independence on October 7, tion, that race-conscious means may be used. tion, switched to night shifts so that she could 1987. That is the only way the Sikhs can sur- Indeed, as recent data provided by the earn a master’s degree in social work. Upon vive. The Akali Dal is corrupt, he points out, States have shown, the lasting effects of dis- completing her degree, Susan went to Bucha- and the Congress Party organized the June crimination are such that the overwhelming rest on a week’s vacation in search of these 1984 attack on the Golden Temple, the seat of majority of States must continue to use race- Romanian orphans who were living in sewers Sikhism.

VerDate jul 14 2003 06:01 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.034 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E199 We can support this cause by stopping U.S. minister. The article says that Mr. Badal war.’’ The Sikh diaspora has a moral respon- aid to India until human rights are fully ob- and his family hold assets of Rs. 43.26 billion sibility to help the Sikh Nation to achieve served for all people there and by declaring (nearly $1 billion), most of which are located its sovereignty by freeing Khalistan from In- outside India. Half the population of India dian occupation. our support for a free and fair vote on the sub- lives below the international poverty line. The time has come to liberate our home- ject of independence for Khalistan, for Kash- About 40 percent live on less than $2 per day. land. It is the only way that we can prevent mir, for Nagalim, and for all the minority na- The Badal government was the most cor- further degenerations of the Sikh Nation tions of South Asia. rupt one in Punjab’s history. They sold jobs like the Badal regime. Sikhs must claim Mr. Speaker, I would like to put the Council for a fixed fee. They came up with a new, dig- their birthright by liberating Khalistan. of Khalistan’s open letter on the upcoming nified term for bribery: ‘‘fee for service.’’ If Only by freeing Khalistan will we put an end elections into the RECORD at this time. you didn’t pay the fee, you didn’t get the to this corruption and restore control of COUNCIL OF KHALISTAN, service. The Chief Minister’s wife was so ex- Punjab and its assets to the people, to whom Washington, DC, February 4, 2004. perienced that she could pick up a bag of it rightfully belongs. A free Khalistan is a money and tell how much money was in it. must for the survival of the Sikh nation and OPEN LETTER TO THE KHALSA PANTH Parkash Singh Badal was a disaster for Pun- will provide an optimal environment for the PARLIAMENT DISSOLVED; ELECTIONS COMING jab and a disgrace to the Sikh Nation. How Sikh Nation to progress to its optimum po- SIKHS MUST STOP SUPPORTING CORRUPT can the Akali Dal, which is supposed to rep- tential politically, religiously, and economi- BADAL, WHO DIMINISHED IMAGE OF SIKH NA- resent the interests of the Sikh Nation, con- cally. TION ONLY IN A FREE KHALISTAN CAN SIKHS tinue to support him? Panth Da Sewadar, PROSPER AKALI LEADERSHIP CONTROLLED BY Badal’s corruption brought Punjab to Dr. GURMIT SINGH AULAKH, INDIAN GOVERNMENT bankruptcy. He was bankrupt morally and President, Council of Khalistan. DEAR KHALSA PANTH: WAHEGURU JI KA religiously as well as bankrupting Punjab fi- f KHALSA, WAHEGURU JI KI FATEH! nancially. It is time for new leadership that The Indian government has dissolved Par- shows the moral fabric a Sikh is supposed to HONORING JULIE DEMARIA liament. New elections are coming, perhaps have. Badal has destroyed the moral fabric of as soon as March. Elections under the Indian the Sikh religion. What happened to the con- Constitution will not free the Sikh Nation. cept of fairness and honesty? HON. ZOE LOFGREN Use this opportunity, however, to elect com- The Akalis who protest Badal’s prosecu- OF CALIFORNIA mitted, honest Sikhs who are committed to tion are morally degenerate. They are de- IN THE HOUSE OF REPRESENTATIVES freeing Khalistan to Parliament. Do not sup- stroying the moral fabric of Sikhism as a re- Tuesday, February 24, 2004 port Badal or the Akalis. They are corrupt ligion and a society. They should be ashamed and have betrayed the Khalsa Panth. Not of themselves. In addition to stealing from Ms. LOFGREN. Mr. Speaker, I rise today, to even a single Akali protested the unprece- the people of Punjab, Mr. Badal worked honor Julie DeMaria and her family, and the dented corruption of Badal. They have dis- against the cause of Sikh freedom. Badal was people of San Jose on the establishment of graced the name of the old Akalis who sac- under the complete control of his masters in rificed their lives for the well being of the Operation Care and Comfort. New Delhi, the militant, fundamentalist Operation Care and Comfort is a self-fund- Sikh Nation. Hindu nationalist BJP. He has a long record The Guru gave sovereignty to the Sikh Na- of betraying the Sikh Nation. ed, all-volunteer organization whose sole pur- tion. (‘‘In Grieb Sikhin Ko Deon Patshahi.’’) The Akali Dal conspired with the Indian pose is to supply care packages to the men The Sikh Nation must achieve it. We always government in 1984 to invade the Golden and women of our military serving oversees. remember it by reciting every morning and Temple to murder Sant Bhindranwale and Since last summer Julie rallied neighborhood evening, ‘‘Raj Kare Ga Khalsa.’’ Now is the 20,000 other Sikh during June 1984 in Punjab. volunteers and businesses to donate items, in- time to act on it. Do we mean what we say If Sikhs will not even protect the sanctity of cluding T-shirts, pins, hats and food items to every morning and evening? the Golden Temple, how can the Sikh Nation send in the care packages. Most importantly, The fire of freedom still burns strong and survive as a nation? bright in the heart of the Sikh Nation. Last The Akali Dal has lost all its credibility. hand written letters of support are included in year Sikhs openly held seminars in Punjab The Badal government was so corrupt openly each package to the troops, showing our grati- on the subject of Khalistan. This is a very and no Akali leader would come forward and tude, and support for their service to our coun- good sign and we salute the people who par- tell Badal and his wife to stop this unparal- try. ticipated in these seminars. They are keep- leled corruption. That is why the Akali Dal Because of Julie’s efforts, the San Jose ing the flame of freedom lit. Now I urge was defeated in the elections by the Congress community has now shipped over 27,500 Sikhs to unite and take action to liberate Party. The Sikh Nation never can forgive or pounds of care packages to our troops and our homeland, Punjab, Khalistan. It is time forget the attack on the Golden Temple. The she is still going! Her devotion to her commu- to start a Shantmai Morcha to liberate Congress Party is the enemy of the Sikh Na- Khalistan from Indian occupation. tion. Badal was so corrupt that the Sikhs nity and love for her country does not go un- Never forget that the Akal Takht Sahib had to vote for their enemy, the Congress recognized. and Darbar Sahib are under the control of Party, rather than Badal and his henchmen On behalf of the House of Representatives, the Indian government, the same Indian gov- because there was no other party to vote for. I want to thank Julie DeMaria, her family, and ernment that has murdered over a quarter of Because Sikhs are slaves in India, there is all the volunteers in the San Jose Community a million Sikhs in the past twenty years. nobody to defend the Sikh interests inter- involved in Operation Care and Comfort for The Jathedar of the Akal Takht and the nationally. Recently, an issue came up of the their service to the United States. head granthi of Darbar Sahib toe the line French banning the wearing of turbans in that the Indian government tells them. They school. If Khalistan were free, the Sikh Na- f are not appointed by the Khalsa Panth. The tion could call the French Ambassador and REMEMBERING LUCILLE SGPC, which appoints them, does not rep- tell him to stop this harassment of Sikhs. WESTBROOK resent the Sikh Nation anymore. They have Our Ambassador to France would tell the become the puppets of the Indian govern- French government the same thing: the tur- ment and have lost credibility with the Sikh ban is part of the Sikh religion and Sikhs HON. MIKE ROSS Nation. Otherwise they would behave like a should not be harassed. OF ARKANSAS real Jathedar, Jathedar Gurdev Singh Remember the words of Professor Darshan IN THE HOUSE OF REPRESENTATIVES Kaunke, rather than like Indian government Singh, former Akal Takht Jathedar: ‘‘If a puppet Jathedar Aroor Singh, who gave a Sikh is not a Khalistani, he is not a Sikh.’’ Tuesday, February 24, 2004 Siropa to General Dyer for the massacre at Sikhs should vote only for candidates who Mr. ROSS. Mr. Speaker, I would like to take Jalianawa Bagh. These institutions will re- are prepared to do so. Otherwise, you are this time to rise in honor of the life and lasting main under the control of the Indian regime just voting to condemn your children and until we free the Sikh homeland, Punjab, grandchildren to continued slavery under memory of Lucille Westbrook. Lucille, a fifth- Khalistan, from Indian occupation and op- brutal Brahmin theocratic rule. generation Arkansan, was born in the small pression and sever our relations with the The time to achieve our independence is town of Nathan, attended Nashville public New Delhi government. now. India is not one country. It has 18 offi- schools, and spent her life as an involved cit- Yet the Akali Dal continues to support cial languages. Soon Kashmir will be free izen, advancing issues dearest to her and Badal, even though he was prosecuted and from Indian occupation. Now America is in- worked to preserve the heritage of her com- jailed for his corruption. According to India- volved in it. As L.K. Advani predicted, munity and state. She passed away Saturday, West, the Punjab Vigilance Bureau carried ‘‘When Kashmir goes, India goes.’’ We agree January 31, 2004, at the age of 86. out raids on Badal’s properties for several with him. months and filed a charge-sheet in a local When I met President Bush on December 5, Described by those who knew her well as court charging Mr. Badal with siphoning off he personally told me, ‘‘I am aware of the ‘‘brilliant’’ and ‘‘beloved’’, Lucille was a well Rs. 784 million, the equivalent of $17 million Sikh and Kashmiri problem and we stopped known face and name to the citizens of How- in U.S. money, during his five years as chief India and Pakistan from going to nuclear ard County. Early in her life, she worked for

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.035 E24PT1 E200 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 the U.S. Army Corps of Engineers and later with planning and installation of Minuteman III tainly deserves the praise and admiration of for Senator William J. Fulbright. Lucille re- missiles at SAC bases in North Dakota. this body of Congress and this Nation. Mark, mained active in Democratic politics, serving After his training as a radar navigator, Colo- thank you for your dedicated service. as an election official in Democratic primaries nel Gandy was assigned to a BÐ52 combat f and general elections in Howard County. crew of the 5th Bomb Wing, Minot AFB, North She remained an active and influential Dakota. He served as an instructor and flight CONGRATULATING CHARLES member of the community through her volun- examiner with the Wing’s Standardization and FLACK UPON RECEIVING THE teer service and civic activities. She was a Evaluation Division during his ARC Light tour B’NAI B’RITH COMMUNITY SERV- charter member of the Mine Creek Chapter of to U Tapao Air Base, Thailand and Anderson, ICE AWARD the Daughters of the American Revolution, a AFB, Guam. Upon Colonel Gandy’s return to Board member of the Nashville Cemetery As- the United States, he received orders to the HON. PAUL E. KANJORSKI sociation, and a Board member and President Plans, Policy, and Programs Division at Head- OF PENNSYLVANIA of the Howard County Library System. quarters SAC where he worked to increase IN THE HOUSE OF REPRESENTATIVES Lucille’s thirst for knowledge led her to be- our Nation’s security. Tuesday, February 24, 2004 come the area’s unofficial historian. In this ca- While on inactive duty in the Tennessee Air pacity, she co-founded the Southwest Arkan- National Guard as a CÐ130 navigator, he par- Mr. KANJORSKI. Mr. Speaker, I rise today sas Regional Archives in Washington, Arkan- ticipated in numerous exercises and deploy- to recognize my very good friend, Charles sas where she volunteered for 24 years, serv- ments to Europe, Central and South America, ‘‘Rusty’’ Flack, Jr., of Dallas, Pennsylvania, ing as Director of the Archives from 1990Ð and Southwest Asia in support of Operations who received the Community Service Award 2002. Other projects important to her included Just Cause and Desert Shield. from the Seligman J. Strauss Lodge No. 139 working to restore and preserve buildings in In July 1993 Colonel Gandy received a of the B’nai B’rith. Mr. Flack received the nearby Washington and completing a book commission in the Louisiana State Guard, pro- award on February 22, 2004 at the 58th an- about the Corinth area in Howard County. moted to the rank of Colonel, and served as nual Lincoln Day Dinner. I ask that my col- I know the impact which individuals like Lu- the Disaster Preparedness Liaison for the City leagues join me in congratulating Mr. Flack for cille can have on a small community. She con- of New Orleans. This assignment made him a this well-deserved honor and expressing our tinually made a priority of helping others learn key player with the state and the city to im- appreciation for the positive contributions he more about their neighborhoods, communities prove hurricane preparedness. has made to Northeastern Pennsylvania as and family heritages. In 1979, the Arkansas During his career he was awarded the De- both a businessman and as a member of the Historical Association recognized her work in fense Service Medal, Air Force Commendation community. preserving the role of history in our lives by Medal, and the Air Medal for Meritorious For nearly a quarter of a century, Mr. Flack establishing an annual $500 award, named in Achievement, among others. has served as Chairman and CEO of Diamond her honor, to the author of the best report on Much of his success was due to the total Manufacturing Company, a West Wyoming- a topic in Arkansas history. and unwavering support of his wife, Janice based company that employs 250 individuals I extend my warmest sympathies to her and two children David and Tricia. and has grown to become North America’s brother Parker Westbrook of Nashville, her ex- On behalf of the United States Congress, I largest supplier of perforated metals. In 1998, tended family, and the countless friends and would like to recognize this brave airman for the Greater Wilkes-Barre Chamber of Busi- individuals who knew and loved Lucille. the example he has set for our country, and ness and Industry bestowed upon Diamond Manufacturing Company its Small Business of f for Northwest Florida. I offer my sincere thanks for all that he has done for Northwest the Year Award, and in 2001, Diamond Manu- HONORING THE ACHIEVEMENTS OF Florida and the United States of America. facturing earned the distinction of being one of LT. COLONEL PETE GANDY the Best Places to Work in Pennsylvania. f These achievements are especially noteworthy HON. JEFF MILLER TRIBUTE TO MARK MARCHUS because Rusty and his brother Hal inherited OF FLORIDA Diamond Manufacturing under tragic cir- IN THE HOUSE OF REPRESENTATIVES HON. SCOTT McINNIS cumstances when their father died suddenly at an early age. Although only in their twenties Tuesday, February 24, 2004 OF COLORADO IN THE HOUSE OF REPRESENTATIVES when they took over the business, Rusty and Mr. MILLER of Florida. Mr. Speaker, I rise Hal have led Diamond not only to survive, but today to recognize the achievements of one of Tuesday, February 24, 2004 to thrive. my constituents, who will soon be joining the Mr. MCINNIS. Mr. Speaker, I would like to Mr. Speaker, I do not rise today merely to ranks of the retired commissioned officers of take this opportunity to recognize Mark extol the success Mr. Flack has had as a busi- the United States Air Force, Lt. Colonel Pete Marchus and thank him for his many contribu- nessman, though those accomplishments Gandy. tions to Routt County, Colorado. After 6 years should not be dismissed. Despite the respon- Colonel Gandy, a master navigator with of impeccable service to the Routt County Re- sibilities any small business demands from its 3,600 flying hours and a graduate of the gional Building Department, Mark announced owner, Rusty has always remained involved in Squadron Officers School and Air Command his impending retirement. He has done much numerous civic, religious and educational en- and Staff College, has served his country hon- to enhance his community, and I would like to deavors and organizations. In each instance, orably and faithfully for the past thirty years. take this opportunity to thank him for his serv- he has performed with a commitment worthy Upon graduation through the ROTC pro- ice. of the award he is about to receive. I have gram at Memphis State University, he was During his tenure with the Routt County Re- called upon him myself on numerous occa- commissioned a Second Lieutenant in the Air gional Building Department, Mark distin- sions to seek his counsel and request his as- Force. Colonel Gandy later received training guished himself as an able and competent sistance in mediating difficult situations. The as a navigator at Mather Air Force Base in leader. He made the department more cus- respect with which he is held within the com- California. tomer friendly, and was instrumental in devel- munity helped enormously in bringing adverse Throughout Colonel Gandy’s career, he was oping a computer tracking system to aid con- parties together. assigned a multitude of important missions for tractors to monitor each step involved in re- Among his many civic activities, Mr. Flack the betterment of our country’s security. His ceiving a building permit. He also implemented currently serves as Chairman of the Wyoming work history and past responsibilities have an interactive voice system that allows con- Valley Health Care System, the largest em- served as a testament of faith and trust that tractors to request building inspections until ployer in Luzerne County; as the treasurer of America has bestowed upon him. Midnight the day before. These technological the Wyoming Seminary, a prominent KÐ12 While on active duty, he was assigned Chief improvements significantly improved the de- preparatory school in Northeastern Pennsyl- of the Munitions Maintenance Division, 1st partment’s efficiency. vania; and as a trustee for the College of Strategic Air Division at Vandenburg AFB, Mr. Speaker, it is a great privilege to honor Misericordia, a leading institution of higher California, where he was responsible for test Mark Marchus and wish him all the best as he learning. As an active member of the Prince of launches for Minuteman III and Titan II ICBM steps down on April 30 from the Routt County Peace Episcopal Church in Dallas, Pennsyl- re-entry vehicles. Colonel Gandy also served Regional Building Department. He has dedi- vania, Mr. Flack has sung in the choir, taught at Strategic Air Command Headquarters at cated his time and energy toward the better- religion to young churchgoers, and served in Offutt AFB, Nebraska where he was involved ment of the Routt county community and cer- the vestry as a senior warden.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.039 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E201

Mr. Speaker, earning the esteem of the I also call on Senator KERRY to recognize dered missionary Graham Staines and his B’nai B’rith deserves this body’s recognition the legitimate aspirations of the Sikhs and the two sons by burning them to death while because it is a widely respected organization others fighting to free themselves from the they slept in their jeep, all the while chant- ing ‘‘Victory to Hannuman,’’ a Hindu god. dedicated to the community it shares with peo- yoke of Indian oppression. That they are doing India threw missionary Joseph Cooper from ple of all faiths. It is a privilege for me to stand so by peaceful, democratic, nonviolent means Pennsylvania out of the country after he was before the House of Representatives to honor shows that the Indian government’s picture of beaten so severely that he had to spend a an individual like Charles ‘‘Rusty’’ Flack, Jr. I them as terrorists is false. I await the Sen- week in the hospital. A Christian religious offer my deepest congratulations to him on his ator’s correction. festival on the theme ‘‘Jesus is the answer’’ becoming a recipient of a Community Service Mr. Speaker, at this time I would like to add was broken up by police gunfire. Award, and I urge my colleagues to join Selig- the Council of Khalistan’s letter to Senator Almost two years ago, Muslims were mas- sacred in Gujarat while police were ordered man J. Strauss Lodge No. 139 and me in ex- KERRY requesting a correction and repudiation to stand by and do nothing, according to In- tending our gratitude and admiration to a re- of his statement to the RECORD so that people dian newspaper reports. One newspaper markable citizen who has distinguished him- can see the real situation in South Asia. quoted a policeman as saying that the Indian self as a businessman and a civic leader. COUNCIL OF KHALISTAN, government planned the massacre in ad- Washington, DC, February 11, 2004. f vance. This is an eerie parallel to the 1984 Senator JOHN F. KERRY, massacre of Sikhs in Delhi, in which police KERRY STATEMENT CALLING U.S. Senate, were locked in their barracks while the SIKHS TERRORISTS A MISTAKE Washington, DC. state-run radio and television called for DEAR SENATOR KERRY: I am writing to you more Sikh blood. today on behalf of half a million Sikh Ameri- An Indian Cabinet minister was quoted as HON. EDOLPHUS TOWNS cans and over 25 million Sikhs worldwide to saying that everyone who lives in India must OF NEW YORK say that your remarks equating Sikhs with either be a Hindu or be subservient to Hin- IN THE HOUSE OF REPRESENTATIVES terrorists were offensive to the Sikh commu- dus. This kind of religious fanaticism as nity. While giving a speech in Oklahoma, Tuesday, February 24, 2004 state policy is dangerous and anti-demo- you referred to ‘‘the Sikhs in India’’ as an cratic. We would not want it in America; Mr. TOWNS. Mr. Speaker, as an American example of terrorism. why should we support it in India? and a Democrat, it was not good news when Sikhism is an independent, monotheistic, On October 7, 1987, Sikhs declared their revealed religion, not a part of any other re- independence from India, naming their new I was informed by Dr. Gurmit Singh Aulakh, ligion. Sikhs are distinctive by our religion, President of the Council of Khalistan, that country Khalistan. We are committed to lib- language, and culture from any other people erating Khalistan by peaceful, democratic, Senator JOHN KERRY, the frontrunner for my on Earth. nonviolent means. History shows that multi- party’s nomination for President, had made a Sikhs ruled Punjab from 1710 to 1716 and national states such as Austria-Hungary, the speech in Oklahoma on January 31 in which again from 1765 to 1849. Sikhs, Hindus, Mus- Soviet Union, and India are doomed to fall he described the Sikhs as terrorists. This is a lims, and Christians all participated in the apart. We intend to see that this happens mistake on Senator KERRY’s part and one I government. Sikhs are a separate nation and peacefully, in the manner of Czechoslovakia, hope he will correct promptly. people. not violently like Yugoslavia. Yet simply At the time of India’s independence, three supporting a sovereign, independent I have been following South Asian affairs for nations were to receive sovereign power: the some time now and I can tell you that Sikhs Khalistan is what India calls terrorism. Muslims, who got Pakistan, the Hindus, who The 20,000 Sikhs who were murdered in the are committed to freedom. I have met mem- got India, and the Sikhs. Sikhs took their June 1984 attack on the Golden Temple and bers of the Sikh community here in the United share with India on the solemn promise that 37 other Sikh Gurdwaras throughout Punjab States, which is half a million strong, and they Sikhs would enjoy ‘‘the glow of freedom’’ in were not terrorists. They were seeking ref- are hardworking people who are dedicated to Punjab and no law affecting Sikh rights uge from the Indian government’s tyranny. their families, their religion, America, and free- would be passed without our consent. In- Yet the Indian government insists on de- dom for their Sikh brothers and sisters back stead, almost as soon as the ink was dry on scribing them as ‘‘terrorists,’’ as if repeating India’s independence, Nehru sent out a direc- it often enough will make it true. home in Punjab, Khalistan. tive describing Sikhs as ‘‘a criminal class’’ The Indian government has been oppress- Senator Kerry, we respectfully request and ordering police to take extraordinary that you apologize to the Sikh Nation and ing the Sikhs ever since independence. Short- measures against us. the Sikh community in the United States for ly after India got its independence, the Indian Since June 1984, India has murdered over your remark. I urge you to support measures government sent out a memo describing Sikhs 250,000 Sikhs, according to figures compiled to bring freedom to all the people of the sub- as ‘‘a criminal class’’ and ordering police to by the Punjab State Magistracy and human continent. Sikhs share the commitment to take special measures to suppress them. This rights groups and published in the book The freedom you showed when you fought in is shameful. Since 1984, India has murdered Politics of Genocide by Inderjit Singh Jaijee. Vietnam and in your service in public office. A report from the Movement Against State There was even a Sikh member of Congress over 250,000 Sikhs, according to the Punjab Repression (MASR) shows that India admit- State Magistracy and human-rights organiza- in the late 1950s, Dalip Singh Saund of Cali- ted to holding 52,268 Sikhs as political pris- fornia. We look forward to working with you tions. They hold over 52,000 political pris- oners. Some have been in illegal custody in the future to bring the blessings of liberty oners. Some have been in illegal custody with- since 1984! Tens of thousands of other mi- to everyone in the subcontinent. out charge or trial for 20 years, Mr. Speaker. norities are also being held as political pris- If you would like any further information Two decades! Is that a democratic way to do oners, according to Amnesty International. or would like to meet about these issues, things? Indian forces carried out the March 2000 mas- please feel free to contact me. India’s propaganda machine is working sacre in the village of Chithisinghpora, ac- Sincerely, cording to two independent investigations. overtime to maintain this false picture of Sikhs Dr. GURMIT SINGH AULAKH, Indian forces were caught red-handed trying President, Council of Khalistan. as a ‘‘criminal class’’ devoted to terrorism. to set fire to a Sikh Gurdwara and Sikh f They have even hired two lobbying firms, ex- homes in a village in Kashmir. Sikh and pensive ones, to carry out this work. Unfortu- Muslim villagers joined hands to stop them. HONORING THE VIETNAMESE nately, it appears that they managed to mis- The book Soft Target, written by two Ca- BHIKSHU BUDDHIST COUNCIL’S inform the Senator from Massachusetts on this nadian journalists, Zuhair Kashmeri of the CEREMONIAL REMEMBRANCE OF Toronto Globe and Mail and Brian matter. I am sure he will correct himself soon, MASTER MINH DANG QUANG and I urge him to do so. McAndrew of the Toronto Star, shows con- clusively that the Indian government blew In the meantime, Mr. Speaker, it is up to us up its own airliner in 1985, killing 329 inno- HON. ZOE LOFGREN to do what we can to press for democracy in cent people, to blame it on the Sikhs and OF CALIFORNIA the subcontinent. Cutting off India’s aid would have an excuse for more repression. IN THE HOUSE OF REPRESENTATIVES be a good start. This is one of the most effec- Other minorities such as Christians and tive ways to promote basic human rights for Muslims, among others, have also felt the Tuesday, February 24, 2004 everyone in South Asia. Another very effective lash of Indian repression. Over 300,000 Chris- Ms. LOFGREN. Mr. Speaker, I rise to rec- means would be to call on India to hold a free tians in Nagaland have been killed by the ognize the San Jose Vietnamese Bhikshu terrorist Indian regime. Nuns have been and fair vote on the question of independence, raped, priests have been murdered, churches Buddhist Council’s annual remembrance of the democratic way. By doing this, we help have been burned, schools and prayer halls Buddhist Master Minh Dang Quang. bring the glow of freedom and the blessings of have been destroyed, all with impunity. A According to the Bhikshu Buddhist Council, liberty to everyone in that troubled part of the mob of militant Hindus affiliated with the Master Minh Dang Quang founded the indige- world. parent organization of the ruling BJP mur- nous Vietnamese Buddhist Order ‘‘Tang Gia

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.042 E24PT1 E202 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 Khat Si’’, normally referred to in English as the As Director, he earned the esteem of his fel- tary retiree fight is not over and Lt. Col. Mendicant Buddhist Order, in Southern Viet- low members of the American College of Phy- Reinlie, at the young age of 82, is still in the nam. This order represents a unique combina- sicians, who would write that ‘‘his greatest battle to honor his fellow veterans. tion of Theravada and Mahayana Buddhism. achievement has been the development of the Mr. Speaker, I, on behalf of the United On the Second day of the Second month in most productive AHEC program in Arkansas.’’ States Congress, salute Lt. Col. Reinlie. With the Year of the Horse (1954) during a time of In 1995, they presented Dr. Miller with the the encouragement and significant contribution political turmoil, Master Minh Dang Quang Robert Shields Abernathy Award for Excel- from his wife Marilyn, he reflects a great credit went missing and the Monks and Nuns of this lence in Internal Medicine in recognition of his upon himself, our Nation, and the courage of order observe his disappearance each year as achievements and sustained commitment to soldiers that gave us the freedom we enjoy a religious ceremony. the program. today. I offer my sincere thanks for all that he According to the Bhikshu Buddhist Council, Under the vision and leadership of Dr. Mil- has done for Northwest Florida and this great this year marks the 50th anniversary to cele- ler, countless students as well as residents of Nation. brate the long-lasting work of Buddhist Master internal medicine and family practice are more f Minh Dang Quang and his founding of the Vi- adequately trained in the various technical as- TRIBUTE TO JOE ESPINOZA etnamese Sakya Muni Dharma School of Bud- pects of health care through the work of the dhism. Although, Master Minh Dang Quang is Pine Bluff AHEC. As a result, many quality not with us today, his followers continue their physicians have been attracted to the area HON. SCOTT McINNIS OF COLORADO Master’s teachings in Vietnam and all over the where they now provide quality health care to IN THE HOUSE OF REPRESENTATIVES world. the citizens of Southeast Arkansas. It is yet I am pleased to know that in my City of San another indication of the broad impact Dr. Mil- Tuesday, February 24, 2004 Jose, California, the Vietnamese Bhikshu Bud- ler has had on his state, his community, and Mr. MCINNIS. Mr. Speaker, it is with pro- dhist Council can freely meet, worship, and his fellow citizens. found sadness that I rise before you today to practice their faith without fear of persecution. My thoughts and prayers are with his wife, pay tribute to the life and memory of Joe But that is not enough. We must demand Peggy, and his daughters, Mollie, Sheila, and Espinoza, who passed away recently at the that all Buddhists around the world, and others Karen. I extend my sincerest sympathies to age of ninety-two. Joe embodied the ideals of attempting to practice and worship their faith, them and can only hope that we find some patriotism, integrity and love of family that we, are able do so freely without fear of persecu- solace in the lasting legacy of Donald Miller as as Americans, have come to expect from our tion. his spirit lives on in each of us. public servants. As his family mourns the loss, We must continue passing legislation like f I believe it is appropriate to remember Joe the Vietnam Human Rights Act to promote and pay tribute to his contributions to his city, freedom and democracy in Vietnam and HONORING THE ACHIEVEMENTS OF state and country. House Resolution 427 that praises the coura- LT. COL. ROBERT L. REINLIE Joe began his service to this nation as a geous leadership of the Unified Buddhist Marine in World War II, and following an hon- Church of Vietnam and the urgent need for re- HON. JEFF MILLER orable discharge, returned to Colorado where ligious freedom and related human rights in OF FLORIDA he and his wife, Melissa, opened their family Vietnam. IN THE HOUSE OF REPRESENTATIVES restaurant and bar, El Patio. He entered a life of public service in 1978 when he was elected We cannot sit idly by as the Vietnamese Tuesday, February 24, 2004 government continues to oppress its people Mayor of San Luis, an office he held for three while hiding behind the veil of free trade. On Mr. MILLER of Florida. Mr. Speaker, I rise terms. During his tenure, Joe enjoyed the dis- this special day, I recognize the 50th Anniver- today to pay tribute to Lt. Col. Robert L. tinction of being the town’s oldest mayor. He sary of the remembrance of Buddhist Master Reinlie for his tireless fight for his fellow vet- is survived by two sons, Josito and Abby; four Minh Dang Quang and reassert my commit- erans. daughters, Theresa, Margaret, Joetta, and ment to fighting for human rights in Vietnam. Lt. Col. Reinlie and the late William O. Claudine; twenty-two grandchildren, thirty-one ‘‘Sam’’ Schism engaged Col. George ‘‘Bud’’ f great-grandchildren, and one great-great Day, Medal of Honor recipient and former grandchild. IN LASTING MEMORY OF DR. POW, as their attorney. By becoming a plain- Mr. Speaker, it is an honor to rise before DONALD L. MILLER tiff in a 1996 lawsuit, Lt. Col. Reinlie chal- this body of Congress and this nation to pay lenged the United States government to honor tribute to the memory of Joe Espinoza. He HON. MIKE ROSS healthcare commitments made to WWII/Korea was a beloved family man and public servant OF ARKANSAS era military retirees. who also made numerous contributions to his IN THE HOUSE OF REPRESENTATIVES Lt. Col. Reinlie’s extraordinary farsighted vi- community. The San Luis community and the sion recognized the need for a plan to support State of Colorado will truly miss Joe, and my Tuesday, February 24, 2004 his legal efforts. Lt. Col. Reinlie took it upon thoughts go out to his family during this dif- Mr. ROSS. Mr. Speaker, I would like to take himself to begin organizing, what later became ficult time of bereavement. this time to honor the life of Dr. Donald L. Mil- the Class Act Group. f ler. He lived a life devoted to the love, care With untiring and aggressive pursuit, Lt. Col. CHARLES ADONIZIO, JR. HONORED and education of others and leaves a legacy Reinlie’s efforts were extended into a nation- POSTHUMOUSLY BY PITTSTON carried on by the many lives he touched; ei- wide grass roots network that was instru- SUNDAY DISPATCH ther directly through personal relations or indi- mental in forging Congressional legislation fa- rectly through his efforts to improve the quality vorable to military retirees. Lt. Col. Reinlie of health care now available to Arkansans. helped initiate this grass roots initiative HON. PAUL E. KANJORSKI Dr. Miller was born in Little Rock, received through billboards, letter writing campaigns, OF PENNSYLVANIA his doctorate of medicine from the University demonstrations, phone and fax communication IN THE HOUSE OF REPRESENTATIVES of Arkansas for Medical Sciences, and spent blitzes, meetings, marches, web sites, letters Tuesday, February 24, 2004 nearly his entire life devoting energy and vi- to editors, press releases, all geared to influ- Mr. KANJORSKI. Mr. Speaker, I rise today sion to the improvement of health care in Ar- encing Congressional attention. His dynamic to draw the attention of my colleagues in the kansas. and selfless leadership and commitment drove U.S. House of Representatives to the life of Dr. Miller was a member of numerous com- him to a presence in Class Act Group office my very good friend, the late Charles ‘‘Cugsy’’ munity, university, and professional commit- spaces, even when extensive surgery was im- Adonizio. On Sunday, February 8, 2004, the tees and organizations including the American minent and during extended rehabilitation. Pittston Sunday Dispatch honored his life with Medical Association, the American College of His tireless dedication served as a contrib- the Joseph Saporito Award for Lifetime of Physicians, and the First United Methodist uting and encouraging factor for his attorney, Service to Greater Pittston. A loving husband Church. However, it was his work with Area Col. Day, and the legal fight to the United to Helen for 57 years and the father of six chil- Health Education Center programs that gained States Supreme Court. This fight led by Lt. dren, Charles Adonizio, Jr. passed away last him the greatest notoriety. Dr. Miller served as Col. Reinlie was a major contributing factor to October at the age of 88 years old. an influential force in getting the program the military retiree medical benefit now re- The editor of the Sunday Dispatch, Ed Ack- under way in the state and became Director of ferred to as TRICARE for Life and The Senior erman, recently wrote an excellent story out- the Pine Bluff Area Health Education Center. Pharmacy Program. The WWII/Korea era mili- lining the life of this community-spirited man

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.046 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E203 who inspired so many in the Greater Pittston norities. There are tens of thousands of polit- ders of Sikhs ‘‘worse than a genocide.’’ Ac- area of Northeastern Pennsylvania. I would ical prisoners, according to Amnesty Inter- cording to a study by the Movement Against like to reprint that article below. national. These include over 52,000 Sikhs, a State Repression, 52,268 Sikhs are being held in illegal detention as political prisoners JOSEPH SAPORITO LIFETIME OF SERVICE study from the Movement Against State Re- without charge or trial. Some of them have AWARD pression showed. That doesn’t sound like a been held since 1984! If you knew ‘‘Cugsy’’ Adonizio you know republic to me. ‘‘India is not a democracy for Sikhs, Mus- he always cried when he was happy. He’d tell People came to the protest from all over the lims, Christians, and other minorities,’’ said a funny story and inevitably his laughter East Coast. They chanted slogans like Dr. Gurmit Singh Aulakh, President of the turned to tears. ‘‘Khalistan Zindabad,’’ ‘‘Long live Khalistan,’’ Council of Khalistan, which leads the Sikh Such paradox tells the story of Cugsy’s and many others. They educated the public Nation’s struggle for independence. ‘‘The life. He was successful, yet humble, strict rights guaranteed in the Indian constitution yet compassionate, powerful yet gentle. about the repression of minorities in India are not enjoyed by non-Hindus,’’ he said. In his later years, as he battled a heart while the attendees at the Ambassador’s party ‘‘While India celebrates, Sikhs and others condition, Cugsy became weak yet strong. celebrated India’s freedom. are dying,’’ he said. ‘‘Is that something to He needed the assistance of a cane, but still We salute India’s freedom, but it is time that celebrate?’’ walked a couple of miles every day. And these benefits extended to everyone within its Christian missionary Joseph Cooper was while walking was difficult for him, swinging borders, not just the Brahmin elites and their expelled from India after a mob of militant a golf club was not. He scored a hole-in-one friends. It is time for the repression to end and Hindu nationalists allied with the Rashtriya at the age of 81. for the minorities to live in freedom too. Swayamsewak Sangh (RSS), a pro-Fascist And the paradox continues since his death organization that is the parent organization on October 26 at 88 years old. ‘‘In a funny Mr. Speaker, this kind of repression is unac- of the ruling BJP, beat him so severely he way,’’ his wife Helen says, ‘‘he’s more alive ceptable in any country, but especially in one had to spend a week in the hospital. In 2002, than ever. I talk to him all the time and, in that proclaims itself democratic. 2,000 to 5,000 Muslims were attacked in Guja- his own way, I believe he answers me.’’ Perhaps they feel that this repression is rat while police were ordered to stand aside, Charles Adonizio Jr.—‘‘Cugsy’’ to most, necessary to hold the country together, since reminiscent of the 1984 Delhi massacres of just ‘‘Cugs’’ to his wife of 57 years—is today India is not a single nation but many nations Sikhs. Indian newspapers reported that the honored posthumously with the Joseph thrown together under one banner, much like government planned the Gujarat massacre in Saporito Award for Lifetime of Service to the Soviet Union or the Austro-Hungarian Em- advance. Greater Pittston. Indian police arrested human-rights activ- He received a similar honor in 1979 when he pire. History shows that such nations cannot ist Jaswant Singh Khalra after he exposed was named Man of the Year by St. Michael’s long survive. their policy of mass cremation of Sikhs, in School for Boys. It was a fitting tribute for Now I know you’re wondering what America which over 50,000 Sikhs have been arrested, a man who dedicated a good part of his life can do to help. We should uphold and support tortured, and murdered, then their bodies to helping troubled youth. the principle of self-determination for all peo- were declared unidentified and secretly cre- As Chief Juvenile Probation Officer for ple. The right to self-determination is the cor- mated. He was murdered in police custody. Luzerne County from 1962 until his retire- nerstone of democracy. His body was not given to his family. The po- lice never released the body of former ment in 1982, Cugsy earned a reputation as a The time has come to end our aid to India compassionate disciplinarian. He was more Jathedar of the Akal Takht Gurdev Singh concerned with rehabilitation than punish- so that all the people there can enjoy the glow Kaunke after SSP Swaran Singh Ghotna ment. He saw a system that needed fixing of freedom. The best way to secure the bless- murdered him. Ghotna has never been and he set about to fix it. ings of liberty for everyone within India’s artifi- brought to trial for the Jathedar Kaunke Cugsy graduated from Pittston High cial borders is to stop aiding the tyrants who murder. No one has been brought to justice School (later returning as school director) oppress them with U.S. taxpayer dollars. The for the kidnapping and murder of Jaswant and Duquesne University, who since placed other thing that we must do, Mr. Speaker, per- Singh Khalra. his name on their Who’s Who list. ‘‘It is good that American pressure has haps equally important, is to take a stand for forced India and Pakistan to talk about He served in the U.S. Navy during World the essential right of self-determination by put- War II and was a full lieutenant at the time Kashmir,’’ said Dr. Aulakh. ‘‘But the atroc- of his discharge. He spent 33 months on ac- ting this Congress on record in support of a ities still continue. Khalistan, Kashmir, and tive duty in the Pacific. free and fair plebiscite with international moni- all the nations of South Asia have the right He organized the Wyoming Valley Naval toring on the question of independence for all to self-determination,’’ he said. ‘‘In a democ- Reserve and became its first commanding of- the minority nations of the subcontinent. This racy, you cannot rule the people against ficer. He retired in 1955 as a Lieutenant Com- will ensure them the opportunity to enjoy the their will.’’ On October 7, 1987, the Sikh Na- mander. full rights of free people. tion declared its independence from India, He was a Past Exalted Ruler of the Mr. Speaker, the Council of Khalistan issued naming its new country Khalistan. On De- cember 5, Dr. Aulakh met President Bush. ‘‘I Pittston Elks, Fourth Degree and Life Mem- an outstanding press release on its Republic ber of the Knights of Columbus, Past Com- am aware of the Sikh and Kashmiri prob- mander of Fort Pittston Post V.F.W., and Day protest. I would like to insert it into the lem,’’ President Bush told him. first President of the Our Lady of Mount RECORD at this time for the information of my History shows that multinational states Carmel Holy Name Society. colleagues and the public. such as India are doomed to failure. Coun- He and Helen are parents of six children: COUNCIL OF KHALISTAN, tries like Austria-Hungary, India’s longtime Judy Yanchek, Gloria Blandina, the late Washington, DC, January 26, 2004. friend the Soviet Union, Yugoslavia, Czecho- Mary Christine Thompson, Charles III, Jane SIKHS PROTEST INDIAN GENOCIDE ON REPUBLIC slovakia, and others prove this point. India Adonizio Lukas, and Dr. Patrick. DAY is not one country; it is a polyglot like those countries, thrown together for the conven- DEMAND FREEDOM FOR SIKH NATION OF f ience of the British colonialists. It is doomed KHALISTAN. NO DEMOCRACY FOR SIKHS, to break up as they did. India is ruled by SIKHS PROTEST INDIAN REPUBLIC CHRISTIANS, MUSLIMS, OTHERS DAY Hindu theocrats whose agenda is ‘‘Hindu, Sikhs from around the East Coast dem- Hindi, Hindutva, Hindu Rashtra,’’ or total onstrated in Washington, D.C. today to pro- Hindu domination of every facet of Indian HON. EDOLPHUS TOWNS test the ongoing genocide against the Sikh life. An Indian Cabinet minister said that ev- Nation and other minorities by the Hindu OF NEW YORK eryone who lives in India must be a Hindu or fundamentalist, terrorist Government of subservient to Hindus. IN THE HOUSE OF REPRESENTATIVES India. They raised slogans of ‘‘Khalistan Sikhs ruled Punjab until 1849 when the Tuesday, February 24, 2004 Zindabad’’, ‘‘India out of Khalistan,’’ ‘‘2–4–6– British conquered the subcontinent. Sikhs 8, India is a Fascist state,’’ and other slo- were equal partners during the transfer of Mr. TOWNS. Mr. Speaker, on January 26, gans. power from the British. The Muslim leader India celebrated its Republic Day, the anniver- India’s Republic Day celebrates the day in Jinnah got Pakistan, the Hindu leaders got sary of the adoption of its Constitution. Now if 1950 when India adopted its Constitution. But India, but the Sikh leadership was fooled by it would only live by that constitution. what India calls ‘‘Republic Day’’ is Genocide the Hindu leadership promising that Sikhs The Council of Khalistan organized a suc- Day for the minority peoples and nations of would have ‘‘the glow of freedom’’ in North- cessful protest outside the Indian Embassy South Asia. The Indian government has mur- west India. The Sikhs took their share with dered over 250,000 Sikhs since 1984, more than India on that promise. here in Washington. While India celebrated, 300,000 Christians since 1948, over 85,000 Mus- ‘‘Democracies don’t commit genocide,’’ Dr. minorities are being killed. India has murdered lims in Kashmir since 1988, and tens of thou- Aulakh said. ‘‘Only in a free and sovereign over 250,000 Sikhs since 1984, over 300,000 sands of Tamils, Assamese, Manipuris, Khalistan will the Sikh Nation prosper. In a Christians in Nagaland, over 85,000 Kashmiri Dalits, and others. The Indian Supreme democracy, the right to self-determination is Muslims, and tens of thousands of other mi- Court called the Indian government’s mur- the sine qua non and India should allow a

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A24FE8.050 E24PT1 E204 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 plebiscite for the freedom of the Sikh Na- Tom McRae, who was deeply rooted in an Mr. Speaker, it is an honor to rise before tion,’’ he said. ‘‘India should also allow self- affluent Arkansas political family, graduated this body of Congress and this Nation to pay determination in Christian Nagaland, Kash- from El Dorado High School in 1956, and went tribute to the life of Marjorie Clement. Marjorie mir, Assam, and the other nations fighting was a beloved woman who made a tremen- for freedom to bring peace to South Asia.’’ on to earn a History degree from the Univer- ‘‘As Professor Darshan Singh, a former sity of Arkansas and a law degree from the dous impact on her community through her Jathedar of the Akal Takht, said, ‘If a Sikh University of Arkansas Law School. Upon many selfless years in public service. The Jef- is not for Khalistan, he is not a Sikh’,’’ Dr. graduation, he volunteered to go to Nepal with ferson County community and the State of Aulakh noted. ‘‘We must continue to press the Peace Corps in 1964, a 2-year experience Colorado will truly miss her, and my thoughts for our God-given birthright of freedom,’’ he that would give him a new perspective on so- go out to Marjorie’s loved ones during this dif- said. ‘‘Without political power, religions can- ciety and allow him to perform extensive social ficult time of bereavement. not flourish and nations perish.’’ work on behalf of Nepalese villagers and farm- f f ers. COUNCIL OF KHALISTAN URGES HONORING ESTHER MEDINA, EXEC- Tom became a household name in 1990 SIKH ORGANIZATIONS TO TAKE UTIVE DIRECTOR OF THE MEXI- when he ran in the Democratic primaries STRONG STAND FOR FREEDOM CAN AMERICAN COMMUNITY against Governor Bill Clinton in the face of SERVICES AGENCY, INC overwhelming odds. He finished a strong sec- ond in a field of six, proving that odds are no HON. EDOLPHUS TOWNS detriment to a steadfast spirit and determina- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES HON. ZOE LOFGREN tion to fight for the causes and ideals in which OF CALIFORNIA you believe. It was a fight he would continue Tuesday, February 24, 2004 IN THE HOUSE OF REPRESENTATIVES years later by directing nonprofit programs in Mr. TOWNS. Mr. Speaker, recently, the Tuesday, February 24, 2004 Mississippi and Kentucky, helping the rural French National Assembly enacted a law ban- poor get loans and find jobs. ning religious symbols such as ‘‘conspicuous Ms. LOFGREN. Mr. Speaker, I rise to ac- Throughout his life, Tom distinguished him- crosses,’’ yarmulkes, Muslim headscarves, knowledge the great contributions of Esther self through a sustained commitment to his and Sikh turbans from schools. Many religious Medina, the executive director of the Mexican ideals and his community. He devoted himself organizations spoke out against it, including American Community Services Agency, Inc. to uplifting society by helping those less fortu- many Sikh organizations. Belgium is thinking (MACSA). Founded in 1964, MACSA has es- nate. His character is an example of the val- about such a law also. tablished itself as the leader in the Latino ues we, as parents, teachers, community The Council of Khalistan wrote a letter on community in the area of advocacy, social jus- members, and legislators, hope to instill in our February 11 noting that none of the other Sikh tice, youth/family/senior services, implementa- next generation. Bill Clinton spoke for many of organizations mentioned the persecution of tion and operation of two charter schools and us when he said, ‘‘I respected, admired and Sikhs in India or their struggle for freedom in the development of affordable housing. liked Tom McRae, and I will be forever grate- their communications about this law. Yet a Esther Medina was hired as the executive ful for the lifetime of service he gave to Arkan- free and sovereign Sikh homeland, Khalistan, director of MACSA in 1982. At that time, sas.’’ would have put the Sikhs in a much stronger MACSA was on the verge of losing funding I extend my deepest sympathies to his wife, position to protest these discriminatory and from the United Way and was put on a 3- Christine, his children, Catherine and Thomas, unfair rules. month corrective action plan to prove fiscal as well as all of those who knew and loved The letter, brought to me by Dr. Gurmit solvency, stable management and leadership. him. Although he may no longer be with us, Singh Aulakh, the tireless fighter for freedom At that time, the finances were in such dis- his spirit and his legacy live on in the exam- in South Asia, calls on Sikh organizations to array, MACSA had no money in its budget to ples he set and the many lives he touched. stand up to the repression by working for free- operate. Esther was able to convince the dom for the Sikh people. f United Way to allocate $27,000 to keep its In my years of public service, I have had the doors open for 3 more months. Through Es- TRIBUTE TO MARJORIE CLEMENT privilege of knowing many Sikhs. They are ther’s efforts, she transformed MACSA from hardworking people and they are very sup- an organization with 1 full-time and 1 part-time HON. SCOTT McINNIS portive of the cause of freedom. Yet the Indian employee, on the verge of having it’s doors government’s response is to step up the re- OF COLORADO pression in the name of Hindutva—total Hindu closed forever, to an organization with 120 IN THE HOUSE OF REPRESENTATIVES employees and an annual operating budget of domination of every facet of life in the sub- over seven million dollars as well as devel- Tuesday, February 24, 2004 continent. An Indian Cabinet minister even oping and owning it’s current headquarter Mr. MCINNIS. Mr. Speaker, it is with pro- said that everyone who lives in India must ei- ther be a Hindu or be subservient to Hindus. building, 2 acclaimed affordable housing found sadness that I rise before you to recog- Over a quarter of a million Sikhs have been nize Marjorie Clement of Jefferson County, projects for seniors, a full service 25,000 killed by the Indian government in the last 20 square foot multi-service youth center, a Colorado, who recently passed away at the years, Mr. Speaker. More than 52,000 are po- youth/teen intervention center, and 2 public age of 81. She was a stellar public servant litical prisoners. Even one political prisoner is charter high schools. who will be missed by many, and I think it ap- unacceptable, Mr. Speaker. Even one govern- Esther Medina exemplifies the characteris- propriate that we remember her life before this ment murder is unacceptable, especially when tics of a competent leader by being true to her body of Congress and this Nation today. no one is punished for it and especially when values as a human being. The astounding Marjorie was appointed Jefferson County the country where it happens proudly pro- success of MACSA is clearly attributable to Commissioner in 1981, and was elected to claims its commitment to democratic values. her outstanding leadership. serve for two additional terms. An ardent sup- Over 200 years ago, Americans fought to f porter of preserving Colorado’s open spaces, achieve our independence from an over- Marjorie worked tirelessly to preserve some of bearing British monarchy. Today, the Sikhs IN LASTING MEMORY OF THOMAS Colorado’s most beautiful landscapes and vis- fight for their freedom by peaceful means, MCRAE tas. Marjorie became the second woman which the Indian government falsely describes elected to the Jefferson County Board of as terrorist. We are the beacon of hope for the HON. MIKE ROSS County Commissioners, and will be remem- freedom-loving people of the world, Mr. OF ARKANSAS bered as a great defender of the citizens in Speaker. We owe it to them and to ourselves IN THE HOUSE OF REPRESENTATIVES her community. In addition to her elected of- to help them if we can. fice, Marjorie also contributed to her commu- One way to help is to stop aid to India as Tuesday, February 24, 2004 nity as a member of the Jefferson County His- long as these egregious human rights viola- Mr. ROSS. Mr. Speaker, I would like to rise torical Commission and the Jefferson County tions continue. Everyone is entitled to live in in honor of the life and legacy of Thomas Historical Society. Marjorie was an avid peace and freedom, to go to work and enjoy McRae III. He was a loving father and hus- outdoorswoman, enjoying horseback riding, life with the family and friends. Yet minorities band, a statesman, a leader, a public servant, tennis, and skiing. She is survived by a in India are unable to do that because militant and a tireless advocate of helping the less for- daughter, Elizabeth Graham, a son, Lawrence Hindus aligned with the RSS, the parent orga- tunate. He recently passed away at the age of Clement, five grandchildren, and a great- nization of the ruling party, and the govern- 65 at his family’s home in Arkadelphia. granddaughter. ment itself in many cases commit terrible acts

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.053 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E205 of violence against Christians, Sikhs, Muslims, Never forget that the Akal Takht Sahib for the administrative convenience of the Dalits, Assamese, Bodos, Tamils, Manipuris, and Darbar Sahib are under the control of British colonialists. It has 18 official lan- and other minorities. This is unacceptable and the Indian government, the same Indian gov- guages. History shows that such countries ernment that has murdered over a quarter of the hardworking taxpayers of our country are doomed to fall apart. India will collapse a million Sikhs in the past twenty years. just like the AustroHungarian Empire, the should not be called upon to support it. The Jathedar of the Akal Takht and the Soviet Union, and other multinational Another measure that we can take is to de- head granthi of Darbar Sahib toe the line states. clare our strong support for freedom through a that the Indian government tells them. They Soon Kashmir will be free from Indian oc- free and fair plebiscite on independence are not appointed by the Khalsa Panth. The cupation. Now America is involved in it. As where it is sought. India is a multinational SGPC also is controlled by the Indian gov- L.K. Advani predicted, ‘‘When Kashmir goes, state and history shows that such states do ernment that has brutally murdered our peo- India goes.’’ We agree with him and we urge not survive. By helping to ensure that democ- ple. These institutions will remain under the the Indian government to hold a free and fair racy is allowed to work for the cause of free- control of the Indian regime until we free plebiscite on the question of independence the Sikh homeland, Punjab, Khalistan, from dom and self-determination, we can make and to sit down with representatives of the Indian occupation and oppression and sever Sikh Nation to negotiate the boundaries of a sure that whatever changes occur in the sub- our relations with the New Delhi govern- sovereign, independent Khalistan. We want continent happen peacefully. ment. to make sure that India’s collapse happens Mr. Speaker, I don’t mean to be long-wind- The Indian government invaded and dese- peacefully like that of Czechoslovakia, not ed, so I will stop here and place the Council crated the Golden Temple and 125 other Sikh violently like the breakup of Yugoslavia. of Khalistan’s excellent open letter into the Gurdwaras throughout Punjab to murder The essence of democracy is self-determina- RECORD. Sant Bhindranwale and 20,000 other Sikhs tion. It is time for India to act like the de- COUNCIL OF KHALISTAN, during June 1984 in Punjab. If Sikhs will not mocracy it claims to be. Washington, DC, February 11, 2004. even protect the sanctity of the Golden Tem- When I met President Bush on December 5, ple, how can the Sikh Nation survive as a na- Open Letter to Sikh Organizations and Institu- he personally told me, ‘‘I am aware of the tion? tions: Sikh and Kashmiri problem and we stopped The Indian government has murdered over India and Pakistan from going to nuclear AN APPEAL TO THE KHALSA PANTH 250,000 Sikhs since 1984, according to figures war.’’ The Sikh diaspora has a moral respon- ONLY IN A FREE KHALISTAN CAN SIKHS PROS- compiled by the Punjab State Magistracy sibility to help the Sikh Nation to achieve PER—EVERY SIKH MUST WORK TO LIBERATE and human rights groups. These figures were its sovereignty by freeing Khalistan from In- KHALISTAN published in Inderjit Singh Jaijee’s excellent dian occupation. DEAR KHALSA PANTH: Waheguru Ji Ka book, The Politics of Genocide. According to The time has come to liberate our home- Khalsa, Waheguru Ji Ki Fateh! the Movement Against State Repression land. Sikhs must claim their birthright by Recently, France passed a law banning the (MASR), the Indian regime admitted to hold- liberating Khalistan. Only by freeing wearing of turbans and other religious sym- ing 52,268 Sikhs as political prisoners. They Khalistan will we put an end to this corrup- bols such as yarmulkes, Muslim head are being held without charge or trial, some tion and restore control of Punjab and its as- scarves, and ‘‘conspicuous crosses’’ in of them since 1984! sets to the people, to whom it rightfully be- schools. This is a major violation of religious How can a democratic state hold political longs. A free Khalistan is a must for the sur- rights. Belgium is considering a similar law. prisoners? The regime has made over 50,000 vival of the Sikh nation and will provide an Sikhs must do whatever we can to protest Sikhs ‘‘disappear’’ by picking them up, tor- optimal environment for the Sikh Nation to this unfair, discriminatory action. turing and murdering them, and then se- progress to its optimum potential politi- Because Sikhs are slaves in India, there is cretly cremating them, declaring them ‘‘un- cally, religiously, and economically. nobody to defend the Sikh interests inter- identified.’’ Their bodies are not given to Panth Da Sewadar, nationally. Recently, an issue came up of the their families. The bodies of Jathedar DR. GURMIT SINGH AULAKH, French banning the wearing of turbans in Gurdev Singh Kaunke and Sardar Jaswant President, Council of Khalistan. school. If Khalistan were free, the Sikh Na- Singh Khalra, who were murdered by the po- tion could call the French Ambassador and lice, were never given to their families. f tell him to stop this harassment of Sikhs. Other minorities also feel the lash of In- TRIBUTE TO CHARLES RICHARD Our Ambassador to France would tell the dian repression. India has killed over 300,000 BUTLER French government the same thing: the tur- Christians in Nagaland since 1947 and mur- ban is part of the Sikh religion and Sikhs dered priests, raped nuns, burned churches, should not be harassed. and destroyed Christian schools and prayer HON. SCOTT McINNIS When Khalistan is free, we will be in a halls. They expelled missionary Joseph Coo- OF COLORADO much stronger position to fight such offenses per from the country after militant Hindu IN THE HOUSE OF REPRESENTATIVES against our religion. We will be able to exert nationalists beat him up so badly that he influence that we cannot bring to bear now. had to be in the hospital for a week. Mis- Tuesday, February 24, 2004 This is just one more reason that the libera- sionary Graham Staines and his two young Mr. MCINNIS. Mr. Speaker, it is with a tion of Khalistan is essential. Yet prominent sons were burned to death while sleeping in heavy heart that I rise before you to pay trib- Sikh organizations like the Sikh Council on their jeep by a mob of militant Hindus Religion and Education (SCORE), SMART, chanting ‘‘Victory to Hannuman,’’ a Hindu ute to the life of a remarkable man from my the Sikh Coalition, and other organizations god. Since they were allied with the pro-Fas- district. Charles Richard Butler of Durango, refuse to mention the oppression of the cist RSS, the parent organization of the rul- Colorado passed away recently at the age of Sikhs by the Indian regime and the struggle ing BJP, they were able to commit this 80. Charles will always be remembered as a to liberate Khalistan. They are more con- atrocity with impunity. Muslims were mas- devoted family man and patriot, and I would cerned about their positions than about the sacred in Gujarat while the police were like to ask my colleagues to please join me in Sikh people. These organizations are heavily under orders to stand aside and let the mas- recognizing his amazing life before this body infiltrated and often controlled by sacre occur, a frightening parallel to the 1984 of Congress and this Nation today. operatives of the Indian government. We ap- Delhi massacres of Sikhs. A policeman told preciate the British Sikh Federation, which an Indian newspaper that the Gujarat mas- Charles began his career serving his coun- continually promotes the cause of Sikh sacre was planned in advance by the govern- try in the Navy, and played an integral role in rights and freedom for Khalistan. These ment. unloading landing craft tanks on Utah beach other organizations must promote the cause This kind of treatment of its minorities during the D-Day invasion. After his honorable of Sikh freedom as well. Whenever they have only confirms the kind of country that India, discharge, he went on to graduate from the the opportunity to communicate with the is. It is a fundamentalist Hindu theocracy, University of Colorado in Boulder with both his outside world, they should promote freedom not secular or democratic at all. Remember undergraduate and graduate degrees in geol- and independence for Khalistan. what Narinder Singh, a spokesman for the The Guru granted sovereignty to the Sikh Golden Temple, told America’s National ogy. Throughout his 35-year career, Charles Nation, saying ‘‘In Grieb Sikhin Ko Deon Public Radio in 1997: ‘‘The Indian govern- worked in a variety of geological capacities Patshahi.’’ The Sikh Nation must achieve its ment, they are always boasting that they are and was highly respected as an expert in his independence to fulfill the mandate of the democratic, that they are secular. They have field. Charles will also be remembered for Guru. We always remember it by reciting nothing to do with a secularism, nothing to leading an adventurous life, having both mined every morning and evening, ‘‘Raj Kare Ga do with a democracy. They just kill Sikhs the wilds of Alaska, and searched for gold in Khalsa.’’ Now is the time to act on it. Do we just to please the majority.’’ Mexico. He is survived by his daughter, Ann, mean what we say every morning and Remember the words of Professor Darshan evening? I urge Sikhs to unite and take ac- Singh, former Jathedar of the Akal Takht: his niece Sarah Sumner and her daughters tion to liberate our homeland, Punjab, ‘‘If a Sikh is not a Khalistani, he is not a Laura, Julia and Meredith; his brothers Wil- Khalistan. It is time to start a Shantmai Sikh.’’ The time to achieve our independence liam, Howard, and David along with numerous Morcha to liberate Khalistan from Indian oc- is now. India is not one country. It is a poly- nieces, nephews, grand nieces and grand cupation. glot empire thrown together under one roof nephews.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.057 E24PT1 E206 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 Mr. Speaker, it is an honor to rise before course for the nation’s energy policies: tax moted to a Fire Apparatus Engineer and was this body of Congress and this Nation to pay breaks for alternative-fuel vehicles; tax cred- assigned to the El Cerrito Forest Fire Station tribute to the inspiring life of Charles Richard its for consumer-level energy-efficiency (FFS) in the Riverside Ranger Unit. He moved measures; tax credits for power plant invest- Butler. He was a beloved family man who ments in clean coal technology. up to Fire Captain in August of 1981 and was made a tremendous impact in the field of geol- These are the important provisions for assigned to Indian Wells and later to a Train- ogy. The Durango community, and the State Congress to safeguard as compromises are ing Fire Captain position in the Riverside of Colorado will truly miss Charles, and my sought to pass this vital legislation. (The Ranger Unit Headquarters. thoughts go out to his family during this dif- fact that compromises are finally being In April of 1986, Tom O’Keefe became Bat- ficult time of bereavement. openly discussed, after a Republican-only talion Chief in the Riverside Training Section conference committee cooked up the current f and three years later was made a field Bat- bill behind closed doors, is a victory all its talion Chief in San Jacinto. Moving up quickly THE NECESSITY OF AN ENERGY own for political debate.) in the ranks, he was named a Division Chief BILL The chance to plot such a course change for the nation’s energy policy is an oppor- in 1989, in charge of the Staff Services Divi- tunity not to be missed. We’re glad to see sion and later headed the Emergency Serv- HON. DOUG BEREUTER it’s now open to reasonable compromise. ices Division for Riverside County. In October OF NEBRASKA f 1996, he was promoted to Deputy Chief of the IN THE HOUSE OF REPRESENTATIVES Riverside Ranger Unit and was finally named RECOGNIZING DAVID RYAN Tuesday, February 24, 2004 Chief of the San Bernardino Ranger Unit in CLOUSE July 1999. Mr. BEREUTER. Mr. Speaker, this Member Mr. Speaker, the California Department of commends to his colleagues the following edi- HON. ED WHITFIELD Forestry and Fire Protection is our statewide torial from February 6, 2004, Omaha World- OF KENTUCKY firefighting agency, and Chief O’Keefe has Herald. IN THE HOUSE OF REPRESENTATIVES played an active role in many historic events, While the energy bill conference report is ranging from the Los Angeles riots to the Tuesday, February 24, 2004 obviously not perfect—it contains excesses Northridge earthquake. The agency is also and too much parochial pork-barrel—the legis- Mr. WHITFIELD. Mr. Speaker, I rise today charged with forestry management and fire lation would provide many important improve- to recognize David Ryan Clouse of Hopkins- prevention, and I am most grateful for Chief ments over the current situation. Among its ville, KY, for his selection as a student dele- O’Keefe’s efforts to deal with the terrible tree beneficial provisions, the measure is designed gate to represent Kentucky at the 42nd Annual dieoff in the San Bernardino mountains. to improve the nation’s electricity transmission United States Senate Youth Program. Ryan On October 21, 2003 wildfires erupted capacity and reliability. It also supports alter- was one of two students chosen to participate throughout southern California. These fires native power sources and promotes a cleaner from the State of Kentucky for this prestigious were some of the most costly and devastating environment. As the editorial indicates, the honor. Selection as a delegate is an honor few wildfires in the State’s history. Two of these conference report can be improved in certain receive. Students are required to be involved fires were located in San Bernardino County, ways while retaining its beneficial provisions. in student organizations, community activities and the Old Fire in my district destroyed more It is imperative for Congress to pass a sen- and achieve academically. than 1,000 homes. Chief O’Keefe led the CDF sible long-term energy policy which will help Ryan has excelled in academics. He has in playing a central role as firefighters evacu- assure Americans of development of diverse, served as an officer and member in the var- ated tens of thousands of residents, saved reliable, affordable energy sources with an ious organizations in his school. He partici- thousands of structures and protected and emphasis on energy conservation. After years pated in the Governor’s Cup Program. He has held the fire back from destroying the entire of inaction, this Member believes that it is ab- been a valuable member of his schools soccer forest. Chief O’Keefe had already been se- solutely essential to enact comprehensive en- team, basketball team and tennis team. Ryan lected to receive the Director’s Leadership ergy legislation. It is overdue. has been involved in his church and commu- Award, but the recognition was especially de- [From the Omaha World-Herald, Feb. 6, 2004] nity. served in light of his leadership and profes- THAWING ENERGY POLICY Mr. Speaker, I am proud to represent David sionalism in the fires of 2003. Signs of movement are appearing in Con- Ryan Clouse in my District. I extend my con- Thanks greatly to the efforts of Chief gress’ deadlock over a comprehensive energy gratulations to him for his achievements, and O’Keefe and the CDF, most of our mountain bill. I am proud to bring his accomplishments to residents were able to return home after the The $31 billion bill passed the House but the attention of this House. fell two votes shy of breaking a filibuster in fires. They have expressed their gratitude in the Senate last November. The bill was a f many ways, and I thank him personally as we wish him well on his retirement. mixed bag, containing needed electrical-grid TRIBUTE TO TOM O’KEEFE FOR 30 improvements and tax breaks and incentives Mr. Speaker, I ask that you and my col- for alternative energy sources, including a YEARS OF PROTECTING CALI- leagues join me in saluting this public servant, doubling of the nation’s ethanol production. FORNIANS FROM WILDFIRES and sending him and his wife Nancy our best But it also would have rolled back some air wishes. and water pollution standards and was bloat- HON. JERRY LEWIS ed with more than $11 billion in tax breaks f OF CALIFORNIA and favors to gain votes. RECOGNIZING DEREK SCOTT KING IN THE HOUSE OF REPRESENTATIVES Among the objectionable provisions was li- FOR ACHIEVING THE RANK OF ability protection for makers of the gasoline Tuesday, February 24, 2004 additive MTBE. That would shift to state EAGLE SCOUT and local governments the estimated $29 bil- Mr. LEWIS of California. Mr. Speaker, I lion cost of cleaning groundwater contami- want to pay tribute today to a dedicated public HON. SAM GRAVES nated by MTBE. servant who for the past 30 years has devoted OF MISSOURI Pete Domenici, chairman of the Senate En- his life to protecting southern Californians from IN THE HOUSE OF REPRESENTATIVES ergy Committee, said he’ll drop that provi- the danger of wildfires. I can say sincerely that sion. Good. It’s an outrageous provision, but many of my constituents owe their lives and Tuesday, February 24, 2004 killing it will need the agreement of the House, where it still has strong backing from homes to the hard work and leadership of Mr. GRAVES. Mr. Speaker, I proudly pause Majority Leader Tom DeLay. Thomas O’Keefe, who is retiring as chief of to recognize Derek Scott King, a very special Also likely to be cut in negotiations is the the San Bernardino Unit of the California De- young man who has exemplified the finest bill’s exorbitant cost—more than half of partment of Forestry and Fire Protection. qualities of citizenship and leadership by tak- which was targeted to existing oil, gas, coal Tom O’Keefe began his career in public ing an active part in the Boy Scouts of Amer- and nuclear power production. service in 1968 as a member of the United ica, Troop 167, and in earning the most pres- The electric-grid and ethanol proposals, States Coast Guard, where he served aboard tigious award of Eagle Scout. fortunately, appear likely to emerge in ei- the Ice breaker Storis in Alaska. Derek has been very active with his troop, ther a slimmed-down energy bill or as sepa- rate proposals. After his 4 years in the Coast Guard, chief participating in many scout activities. Over the But the energy bill had many other provi- O’Keefe began his work for CDF on October years Derek has been involved with scouting, sions aimed at making a start (a small one, 1, 1974 as a Fire Control Assistant in the Or- he has earned 33 merit badges and is a but a start nonetheless) on setting a new ange Ranger Unit. In 3 years, he was pro- Firebuilder in the Tribe of Mic-O-Say. Derek

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.060 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E207 has also attended the National Scout Jam- Jim and Marilyn Huff reared two children Raheen is part of a generation that faces a boree at Fort A.P. Hill in Virginia and the Jun- and proudly claim 5 grandchildren. For 32 newer, but no less dangerous tyranny. ior Leader Training Conference at the Pony years he worked at the Masonite Corporation He is a child of Long Island. He went to this high school. In many ways, he is very Express Council. in Laurel. As operations manager at Masonite, much like the hundreds of thousands of For his Eagle Scout project, Derek built a he was one of the leading businessmen in other children in our community—with one new sign for the Alta Vista Baptist Church. Jones County, where I grew up and first ap- remarkable exception. Mr. Speaker, I proudly ask you to join me in preciated his wisdom, wit, and integrity. Raheen was willing to make the ultimate commending Derek Scott King for his accom- President George H. W. Bush put Jim’s sacrifice to secure the blessings of liberty for plishments with the Boy Scouts of America knowledge and expertise to work, appointing his countrymen, for our children, and for and for his efforts put forth in achieving the him Mississippi’s state director of the Farmers America’s future. highest distinction of Eagle Scout. Home Administration. Excelling as adminis- By sacrificing himself for our way of life, Raheen, in the words of his mother, ‘‘died an f trator and leader, Jim was next asked by American hero.’’ President Bush to come to Washington DC TRIBUTE TO FRUITA MONUMENT By fighting for a better world, Raheen, as and serve as the national administrator of the HIGH SCHOOL STUDENTS the poet John Gillespie Magee, Jr. wrote, Rural Electrification Administration. ‘‘slipped the surly bonds of earth’’ to ‘‘touch Years later, Jim’s political knowledge of Mis- the face of God.’’ HON. SCOTT McINNIS sissippi and Washington DC benefited my May his name be remembered throughout OF COLORADO work both in my first campaign for Congress history, and may he serve as a source of IN THE HOUSE OF REPRESENTATIVES and then as I worked to serve the constituents strength and pride to American generations yet unborn. Tuesday, February 24, 2004 of Mississippi’s Third District. Few freshman f Mr. MCINNIS. Mr. Speaker, it is my honor to Congressmen could boast of such unique ex- rise before you today to pay tribute to the stu- perience on staff. His guidance was excep- HONORING PFC ARMANDO dents of Fruita Monument High School who tional; his advice, outstanding. SORIANO recently devoted their time and efforts toward Jim continues to be a servant in his commu- improving the lives of others. Last year, 25 nity. He is a leader at the Hebron Baptist HON. GENE GREEN Church where his abilities as a sunday school students joined the Committee for a Merry OF TEXAS teacher and work as a deacon are well known Christmas For All to construct, collect and dis- IN THE HOUSE OF REPRESENTATIVES and appreciated. Active in the Kiwanis Club, tribute Christmas toys to needy children in Tuesday, February 24, 2004 Colorado. Their actions serve as a valuable people in Jones County know they can come model of community service, and I would like to Jim for advice and assistance during life’s Mr. GREEN of Texas. Mr. Speaker, I rise to ask my colleagues to join me in recognizing struggles. today to extend my deepest sympathies to the their tremendous contributions to the State of The pages of Mississippi record a lifetime of family and friends of PFC Armando Soriano. Colorado before this body of Congress and public service and private engagement from PFC Soriano was a constituent of the 29th this nation. Jim Huff. He will never fully retire. He may District of Texas, and a true hero, who died on The Committee for a Merry Christmas For have more time now to work his cattle farm February 1, 2004, while serving his country in All was established 17 years ago. Since the and relax at his favorite fishing hole, and more Haditha, Iraq. committee’s beginning, the Grand Junction time to spend with his loving family. Armando Soriano joined the Army 2 months Free Press reports that ‘‘Students have de- When I think of Jim Huff, I think of honesty, after graduating from South Houston High signed and constructed nearly 5,000 toys . . . service, humor, and experience. I thank him School in 2002. Soriano was assigned to the and they’ve collected another nearly 6,000.’’ for his service to this office and to Mississippi. howitzer battery, 3rd Squadron, 3rd Armored This past year, under the tutelage of their I join the rest of my staff in saying we will miss Cavalry Regiment, in Fort Carson, Colorado. teachers Ed Reid and Mel Crider, the students him, but I know I will see him often because His unit in Iraq was attached to the 82nd Air- constructed and distributed a variety of toys. he is more than a colleague and assistant. He borne Division of Fort Bragg, North Carolina. On the Saturday preceding Christmas, the stu- is family and will remain near in my heart, His vehicle, traveling with another one on a dents and their teachers met at Fruita Monu- constant in my thoughts, and always in my supply route, slid off a road and rolled over ment High School and distributed the collec- prayers. during bad weather. tion of toys to children in need throughout the f Armando Soriano leaves behind his two par- ents, Clotilde and Enrique, and 4 younger sib- Grand Junction community. This is an amaz- HONORING RAHEEN TYSON lings. ing group of young citizens, and I am proud to HEIGHTER highlight their amazing actions here on the I know his parents, family and friends are floor of the House of Representatives. devastated by this loss, but they should be Mr. Speaker, it is a high honor to rise before HON. STEVE ISRAEL proud of the great man Armando Soriano had this body of Congress to pay tribute to each OF NEW YORK become and that he died a hero while serving member of the Committee for a Merry Christ- IN THE HOUSE OF REPRESENTATIVES his country. mas For All. I would also like to thank their Tuesday, February 24, 2004 His loss will be felt by all of South Houston, teachers Ed and Mel, who have dedicated and I ask that you remember the Soriano fam- Mr. ISRAEL. Mr. Speaker, I rise today to ily in your thoughts and prayers. their time and efforts to make this service pos- share with my colleagues an address that I f sible. These efforts have brightened the lives delivered at the memorial service of Raheen of thousands of needy children in Colorado, Tyson Heighter, a fallen soldier from my dis- TRIBUTE TO DR. LAWRENCE T. and the State will forever remain grateful. It is trict on November 11, 2003. GERATY PRESIDENT OF LA SI- my honor to offer my deepest gratitude and Raheen Tyson Heighter went to the Middle ERRA UNIVERSITY appreciation to the Committee and School, East willingly, sacrificed selflessly, and and I thank them for their service. served proudly. HON. KEN CALVERT f In the two and a quarter centuries of our nation’s history, our country has faced seem- OF CALIFORNIA HONORING JAMES HUFF ingly insurmountable obstacles. But in gen- IN THE HOUSE OF REPRESENTATIVES eration after generation, Americans have Tuesday, February 24, 2004 HON. CHARLES W. ‘‘CHIP’’ PICKERING risen to the occasion and met every chal- Mr. CALVERT. Mr. Speaker, I rise today to OF MISSISSIPPI lenge. In the 18th century, our forefathers were honor and pay tribute to an individual whose IN THE HOUSE OF REPRESENTATIVES able to beat back the greatest military su- dedication and c6ntributions to the community Tuesday, February 24, 2004 perpower in the world to secure our inde- of Riverside, California are exceptional. River- Mr. PICKERING. Mr. Speaker, this month pendence. In the 19th century, Americans de- side has been fortunate to have dynamic and feated the greatest injustice in the world— James Huff retires—again. A mentor, a con- slavery. And in the 20th century, millions of dedicated community leaders who willingly fidant, a family friend, and a counselor since patriots, in what has come to be known as and unselfishly give their time and talent and before I ran for Congress, Jim represents the America’s greatest generation, defeated the make their communities a better place to live best Mississippi has to offer and will be irre- greatest evil the world has ever known—the and work. Dr. Larry Geraty is one of these in- placeable on my staff. Nazis. dividuals. On Wednesday, February 25, 2004,

VerDate jul 14 2003 05:57 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\K24FE8.011 E24PT1 E208 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 he will be honored at a surprise dinner for ten between them five grandchildren. Truly, one of ments, John was chosen to enter the Pro years of academic and community excellence. Dr. Geraty’s most impressive accomplish- Football Hall of Fame on his first year of eligi- Dr. Geraty grew up as a citizen of the world ments has been his ability to remain active as bility. as part of a Seventh-day Adventist missionary an archaeologist and churchman while con- John is also well known as an active leader family who lived and worked in China, Burma, tinuing to lead and direct a university which off the field, and has for many years, contrib- Hong Kong, and Lebanon. Dr. Geraty received combines the religious values of a faith com- uted his time and energies toward improving a rich educational experience from attending munity, the educational ideals of a liberal arts the lives of his fellow citizens. In 1987, John schools in China, Hong Kong, Lebanon, Eng- college, and the research opportunities of a founded The Elway Foundation, an organiza- land, Germany, France, Israel, California, comprehensive university. tion that has been instrumental in raising over Maryland, Michigan, and Massachusetts. f $3 million to help eliminate child abuse. The These experiences set him on a lifelong money has been used to aid the Family Advo- course committed to the values of diversity RECOGNIZING JOSEPH WILLIAM cacy, Care, Education, Support organization and education. MICHAEL FOR ACHIEVING THE and The Kempe Children’s Center. John’s After completing his undergraduate degree RANK OF EAGLE SCOUT dedication to his community truly serves as a at Pacific Union College, Dr. Geraty graduated valuable model of civic service to today’s from the Theological Seminary at Andrews HON. SAM GRAVES youth and young athletes. University. He then served a short term as a OF MISSOURI Mr. Speaker, it is quite clear that John pastor in Santa Ana, California. Later, Dr. IN THE HOUSE OF REPRESENTATIVES Elway is a person whose unparalleled dedica- Geraty joined the Andrews Theological Semi- tion and hard work both led him to the top of Tuesday, February 24, 2004 nary faculty, he first went to Harvard Univer- his profession in the National Football League. sity to study Hebrew Bible and biblical archae- Mr. GRAVES. Mr. Speaker, I proudly pause The combination of his incredible talent and ology where he earned and received with dis- to recognize Joseph William Michael, a very unrelenting passion for competition, combined tinction his Doctor of Philosophy degree. special young man who has exemplified the with an unconquerable human spirit, has led Returning to Andrews Theological Seminary finest qualities of citizenship and leadership by to his selection as a member of the Pro Foot- as Professor of Archaeology and History of taking an active part in the Boy Scouts of ball Hall of Fame. It is my distinct pleasure to Antiquity, Dr. Geraty distinguished himself as America, Troop 167, and in earning the most recognize his achievements before this body a teacher and scholar for the next 13 years, prestigious award of Eagle Scout. of Congress and this nation today, and I wish teaching also in Jamaica, Jordan, Trinidad, Joseph has been very active with his troop, him all the best in his future endeavors. You Costa Rica, Europe, and Australia, and di- participating in many scout activities. Over the have made your teammates, your fans, and rected a series of major archaeological expe- years Joseph has been involved with scouting, the State of Colorado proud. ditions to the Middle East. During this time he he has earned 38 merit badges and is a f was also the curator of the Horn Archae- Firebuilder in the Tribe of Mic-O-Say. He ological Museum and founding Director of the served on Cub Scout Camp staff for 5 years. UNCLE ARTHUR AND ORVILLE Institute of Archaeology at Andrews University. Joseph has also attended the National Scout WRIGHT In his notable scholarly career, Dr. Geraty Jamboree at Fort A.P. Hill in Virginia and the has received numerous honors, including a Junior Leader Training Conference at the HON. ROB SIMMONS Fulbright Fellowship and served as advisor on Pony Express Council. OF CONNECTICUT archaeology to former Crown Prince Hassan For his Eagle Scout project, Joseph built a IN THE HOUSE OF REPRESENTATIVES of Jordan. Dr. Geraty also served as president stadium canopy for the Winston High School Tuesday, February 24, 2004 of several scholarly societies; vice president of baseball field. the American Center of Oriental Research in Mr. Speaker, I proudly ask you to join me in Mr. SIMMONS. Mr. Speaker, earlier this Amman, Jordan; lectured all over the world commending Joseph William Michael for his month the media reported that Rover and Op- and contributed to numerous publications. accomplishments with the Boy Scouts of portunity were exploring the Martian surface. Adding to his teaching focus, in 1985 Dr. America and for his efforts put forth in achiev- Mars is about 35 million miles from Earth, yet Geraty became president of Atlantic Union ing the highest distinction of Eagle Scout. man can reach that alien world. College in South Lancaster, Massachusetts f On December 17, 1903, at Kitty Hawk, where he earned the reputation as a progres- North Carolina, an equally awe-inspiring event sive academic administrator. Since July 1993 TRIBUTE TO JOHN ELWAY took place. It was there that Wilbur and Orville Dr. Geraty has served as President and pro- Wright gave birth to man’s ability to fly by suc- fessor of archeology at La Sierra University in HON. SCOTT McINNIS cessfully testing the first powered, heavier- Riverside, California, where he has also be- OF COLORADO than-air craft that achieved sustained flight come active in the community, serving cur- IN THE HOUSE OF REPRESENTATIVES with a pilot aboard. The first flight was only rently on the boards of the Greater Riverside 120 feet, far less than the distance to Mars, Tuesday, February 24, 2004 Chambers of Commerce, United Way of the but that single event defined the 20th Century. Inland Valleys, The Employers Group, Metro Mr. MCINNIS. Mr. Speaker, it is truly a privi- In the December 2003 issue of Aircraft Riverside International Cabinet, Mayor’s High- lege to take this opportunity to pay tribute to Owners and Pilots Association Magazine, I er Education/Business Council, Raincross John Elway, a remarkable individual and stel- learned, through an article written by my Club, Monday Morning Group, and the River- lar athlete from the State of Colorado. John brother, Tom Simmons, that our family has a side Youth Action Executive Policy Board. will be forever revered as one of the most out- connection to the Wright Brothers. Our Great In the year 2000, Dr. Geraty received the P. standing quarterbacks to ever play in the Na- Uncle Arthur Ruhl was one of only six journal- E. MacAllister Award for Excellence in Field tional Football League. In recognition of his ists in May 1908 to watch the Wright Brothers Archeology from the American Schools of Ori- achievements and dedication to the sport, work with their aircraft at Kitty Hawk. ental Research, and in 2001, the Charles El- John was recently selected to enter into the An article about what Uncle Arthur saw ap- liott Weniger Award for Excellence at Pacific Pro Football Hall of Fame. This prestigious peared in Colliers magazine on May 30, 1908. Union College. On July 1, 2002, he began a honor is a true testament to his extraordinary But this story doesn’t end with Uncle Arthur’s three-year term as president of the American leadership and commitment to excellence both article. He sent a copy of his story to the Schools of Oriental Research (ASOR), the on and off the field, and it is my honor to high- Wright Brothers and Orville sent back a warm premier organization for American archeolo- light his accomplishments before this body of reply. Emboldened by the inventor’s response, gists working in the Middle East. From head- Congress and this nation. and his own curiosity, Uncle Arthur wrote back quarters at Boston and Emory universities, he John captured the attention of sports enthu- and asked if he could take a flight. Orville re- will supervise an annual scholarly convention, siasts worldwide throughout his impressive ca- sponded that they had so many requests they the publication of several scholarly books and reer. He began playing for the Denver Bron- were limiting their passengers to Army offi- journals, the accreditation of American archae- cos in 1983, and went on to lead his team to cials. ological projects in the Middle East and relate five playoff appearances, five Superbowls, and Undaunted, Uncle Arthur continued his cor- to research centers in Jerusalem, Amman, two Superbowl victories. Upon his retirement respondence with Orville Wright, and by 1910 and Nicosia. in 1998, John had amassed more victories the Wright Brothers were exhibiting their air- Dr. Geraty and his wife, Gillian, have a than any quarterback in the history of the NFL. craft because the public was paying to watch daughter in Colorado, a son in Michigan, and As further testament to his career accomplish- the flights. Who should be covering one of the

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.069 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E209 exhibitions for Colliers Weekly but Uncle Ar- ers and received a warm reply from Orville. if you are flying into the wind and at the thur. He was watching Orville Wright train one ‘‘I thought your account of the tree, the wind may come pouring down over of his students when the inventor extended maneuverings of the newspaper men at Kill it and upon you like an invisible waterfall.’’ Devil Hills the most interesting thing I have Uncle Arthur also seems to have under- the long sought invitation. ever seen concerning our experiments,’’ stood the Wrights’ control system pretty Uncle Arthur found the adventure exhila- Orville wrote. Pretty high praise. well. ‘‘The wings and vertical rudder work rating. He wrote, ‘‘It was now that we seemed, Perhaps it was these kind words from together in their machine. The same pull indeed, to be going like the wind—a wonderful Orville that emboldened my uncle to make which depresses the left wing-tip and in- sensation, like nothing else, so near to the his next contact in September 1908. Orville creases its angle of incidence—gives it a earth, yet spurning it.’’ was then in Washington, D.C., flying the ac- firmer grip on the air, so to say—lifts the I fly between Washington and my home in ceptance trials for the Army, and on Sep- right wing-tip and lightens its grip accord- ingly; at the same time the rear rudder turns Connecticut just about every weekend. Today tember 9 he had taken up his first passenger. Uncle Arthur wrote him and asked to be to the right, thus tending to counteract the air travel does not inspire the awe described taken up for a flight. Orville’s handwritten combined drag and lift of the wings and by Uncle Arthur. But it is an amazing thing— reply appears on Cosmos Club stationery. bring the machine back to an even keel.’’ the ability to fly thousands of miles around the Sep. 14, 1908. Uncle Arthur watched Orville train his stu- world in a matter of hours, or to set foot on a My dear Mr. Ruhl: I have your letter, and dents until the sun edged toward the horizon. planet that our ancestors looked at every night I am sure it would give me great pleasure to ‘‘And then he gave an invitation which had with amazement and wonder. take you up with me in our machine, but I been sought ever since a baking spring morn- have had so many requests that I hardly see ing two years ago, when six weary and tick- I can now look at flight through the eyes of bitten corresponding rowed, waded, tramped, my Uncle Arthur; and I will probably never how I can take you without giving offense to others. I am limiting the number of pas- and crawled for several hours to a spot under look at the trip between Washington and Con- sengers to the Army officials at present. I Kill Devil Hill and there saw the Wright ma- necticut so casually ever again. am sorry that you were not able to remain to chine in successful flight across the Kitty [From the AOPA Pilot, Dec. 2003] see some of the flights, but hope you may be Hawk sands. ‘You’re elected.’ said Orville and I climbed in. UPINTHEAIR WITH ORVILLE able to come down again. Very truly yours ‘‘The passengers’s seat in the Wright ma- (By Tom Simmons) Orville Wright chine is in the middle. THe engine is at his There are many ways to ‘‘catch the flying Strong winds prevented Orville from flying right, and the driver is at his left, so that the bug.’’ One of the the most common occurs for several days. On September 17, his next balance is the same whether an extra man is when a pilot offers a nonpilot a ride in his flight after writing my uncle, Orville took carried or not. You sit on a small wooden airplane. If this ever happened to you (since Lt. Thomas Selfridge up as his passenger. seat with a back, grasp one of the uprights you’re reading AOPA Pilot today) chances One of the propellers separated, sliced a guy with your right hand, and rest you feet on a are good that you said, ‘‘You bet!’’ Chances wire, and caused the machine to crash. cross-bar. Although not fastened in, one is are also good that the pilot was certified by Selfridge was killed. pretty safely caged by a guy-wire, which the FAA and his airplane was a certificated A more timid man might have abandoned passes diagonally across and close to one’s airframe. his hopes of flying right then and there. But chest.’’ So imagine, for a moment, the same situa- not Arthur Ruhl. When Orville recovered Thus seated, wearing a three-piece suit and tion but with slightly altered circumstances. from injuries sustained in the accident and jaunty cap, Uncle Arthur headed for the Imagine that the pilot has never taken a fly- returned to work in May 1909, he found a let- heavens. ing lesson in his life and knows nothing ter waiting for him. Uncle Arthur still want- ‘‘Curious and rather uncanny air trends about aerodynamics other than what he has ed to take a flight. Orville again refused. strike the machine more or less continually taught himself through trial and error. Orville wrote back: We shall not be able to as it flies. From the way it vibrates, from Imagine that the airplane is home-built, the make any flights before we go to Wash- the little flapping pennant in front, most of most recent in a succession of airframes ington, and once we get to work there we all from an instinct which can only be ac- built by this self taught pilot because he shall have to devote every flight to teaching quired by experience, the veteran knows keeps modifying the control system and all our pupils. Besides if we take one passenger pretty well what is happening and how to his previous airplanes have been destroyed in we will be besieged with requests from peo- meet it. But as the novice feels himself sud- denly boosted up or dropped with a sensation flying accidents. And finally, imagine that ple whom it will be almost impossible to much like that felt when an elevator sud- the seat you are offered is a wooden chair refuse. You will readily see how much em- denly drops or rises, he can only sit tight and bolted to the wing, without cockpit or cowl- barrassment it will make us if we begin to ing surrounding it, and not even a seat belt trust the man beside him. take passengers. It would give us pleasure to ‘‘And it was up here, about three hundred to hold you in place. Still interested? take you for a little spin, in recompense for feet in the air, that Orville treated me to the I know of a man who said, ‘‘You bet!’’ the suffering you endured, on ‘‘the firing only maneuver which a regular bird-man under the exact circumstances I’ve just de- line’’ but we did not see how we can do it. We could, I suppose, have regarded as remotely scribed. He was my great-uncle, Arthur shall be glad to see you in Washington in you in the nature of an adventure. For any one Ruhl, a feature writer for Collier’s Weekly in find it convenient to be there while we are at tired of life and listlessly seeking a new sen- the early decades of the twentieth century. work on our government contract. sation, I can thoroughly recommend it. Just And the pilot who took him for his first But that’s not the end of the story. In 1910, get the Wrights to take you up a few hundred thrill ride was Orville Wright. the Wrights decided to enter the exhibition feet, and then as you hand there above the The story begins in May 1908. The Wright business. Americans weren’t buying air- abyss, like a lamb in a condor’s claws, bring brothers had returned to Kitty Hawk, North planes but they were paying to watch others the great bird up standing and stiffly Carolina, to test a two-man machine built fly them. So the real money in aviation was ‘banked,’ swing it around in a diameter of, according to contract specifications for the out on the flying circuit. In order to compete say, two hundred feet.’’ Army Signal Corps. My great-uncle was one in as many events as possible, Orville started Imagine that. Uncle Arthur, sitting on a of six journalists watching surreptitiously training pilots for the Wright brothers team. seat with no seat belt, up in the air for the from a stand of trees a half-mile away. At Instruction was conducted at Huffman Prai- first time in his life, flying at about the the time, the Wrights were still secretive rie, a hummocky pasture eight miles outside height of a 30-story building—and Orville about their invention and refused to fly in of Dayton. And once again, Arthur Ruhl was puts the plane into a tight banked turn. I front of witnesses (which fueled doubts about there to cover the story for Collier’s Weekly. don’t know how you would have felt and I’m their claims of successful flights) so the For a nonpilot writing in 1910, Uncle Ar- not sure how I would have felt. But my journalists stayed out of sight. thur’s understanding of aerodynamics was great-uncle loved it! His article, titled ‘‘Up They watched two flights, including the impressive. In the Collier’s article, he writes: in the Air With Orville,’’ is filled with his joy first two-man flight the Wrights had ever at- ‘‘One of the first things to learn, of course, is from the experience. tempted. As Uncle Arthur’s article in the that the air isn’t the simple homogeneous ‘‘Thus we slid down, faster than ever now, May 30 edition of Collier’s describes it: ‘‘A medium it seems to be. It boils and shifts with the wind blowing the tears out of our hundred yards away, the great bird swung to and swirls as current fights tide, and the eyes; and just before touching ground came the right and swept grandly by, broadside on. aeroplane is sailing, not across the stream, up with exquisite ease and went skimming Some cows grazing on the beach grass threw but through it. round the field just tickling the weed tops. It their heads upward, and whirling about, gal- ‘‘Take, for instance, this peaceful cow pas- was now that we seemed, indeed, to be going loped away in terror ahead of the approach- ture on a bright June morning. The sky is an like the wind—a wonderful sensation, like ing machine. It swept on far above them in- even blue and the solitary tree across the nothing else, so near to the earth, yet spurn- differently, approached the sand hills three- field seems drenched in slumbering sunshine. ing it. Twice around the filed we went, keep- quarters of a mile to the left, rose to them, Yet, as a matter of fact, any one of many in- ing an even distance from the ground, as if soared over and down the other side.’’ teresting things are happening near the tree. on an invisible track, and then Orville shut Uncle Arthur was clearly thrilled by what Maybe the air is streaking up from it as it off the engine and we slid down upon the he saw. He sent a copy of his article, ‘‘His- would streak up a chimney flue, or swirling grass just as a duck on the wing slides into tory at Kill Devil Hill,’’ to the Wright broth- round it as water swirls around a rock, and water.’’ Wow.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.071 E24PT1 E210 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 Arthur Ruhl died in 1935 and his files were THE IMPORTANCE OF DUE SPEECH OF DR. ARCH BARRETT packed into boxes that went into storage for PROCESS FOR JOSE PADILLA more than 60 years. I recently came into pos- session of his papers, which include both ar- HON. JOHN M. SPRATT, JR. ticles for Collier’s, three letters from Orville HON. MARK UDALL OF SOUTH CAROLINA Wright, and a note from Katherine Wright, OF COLORADO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the brothers’ sister, thanking Arthur for Tuesday, February 24, 2004 some sweet peas he brought to dinner at the Tuesday, February 24, 2004 Wrights’ home on Hawthorne Street in Day- Mr. SPRATT. Mr. Speaker, I rise to enter Mr. UDALL of Colorado. Mr. Speaker, the ton. into the RECORD a speech given by a former Supreme Court has agreed to hear two impor- staffer of the House Armed Services Com- tant cases regarding the balance between na- f mittee, Arch Barrett. Arch is one of the most tional security and the rights of American citi- unassuming people I know, but was one of the RECOGNIZING THE CLASS ACT zens. And in a February 24th editorial, the most remarkable and able staffers I’ve met GROUP GRASSROOTS CON- Rocky Mountain News clearly explains why we during my 20 years on Capitol Hill. FERENCE TO RESTORE THE BRO- all have a stake in the outcome of the cases Arch had an undergraduate degree from involving Yasr Hamdi and Jose Portillo. KEN PROMISE OF MILITARY RE- both the West Point and Harvard, and later While both evidently are American citizens TIREE HEALTH CARE got his Ph.D. in political economy and govern- now being held as unlawful combatants, their ment from Harvard. He entered the Air Force cases are not identical. As the editorial ex- as a second lieutenant in 1957, saw plenty of plains: action in Vietnam, and retired as a colonel in HON. CHRIS VAN HOLLEN Both men are citizens, but the incarcer- 1981. While in the Air Force, he received the OF MARYLAND ation of Hamdi seems less convincingly a civil-rights incursion than the incarceration Distinguished Flying Cross, Legion of Merit, IN THE HOUSE OF REPRESENTATIVES of Padilla. While Hamdi deserves his day in Meritorious Service Medal, Air Medal with 12 court, grabbing a prisoner at the site of oak leaf clusters, the Joint Service and Air Tuesday, February 24, 2004 armed hostilities in a foreign country is a Force Commendation Medals, and the Viet- different matter from picking someone up at nam Service Medal. Mr. VAN HOLLEN. Mr. Speaker, I rise today a domestic airport. to commend Col. George ‘‘Bud’’ Day and the As distinguished as his military record is, his And, in the words of the editorial, here is the greatest effect on the military came after he members of the Class Act Group who have bottom line: became a staffer for the House Armed Serv- worked so hard to restore health care to The obvious issue with Padilla is that if ices Committee. If it were not for Arch Barrett, America’s military retirees. I salute them for the administration can stick him away as I do not believe Congress would have enacted their grassroots efforts that helped make long as it likes without an indictment or the Goldwater-Nichols Act. Goldwater-Nichols Tricare for Life the law of the land, and I com- court proceedings of any kind, why can’t it forced the separate branches of the Armed do the same thing with any of us? mend them for coming together on February Services to work cooperatively, and our forces 17, 2004, in Fort Walton Beach, Florida, to de- Mr. Speaker, that is exactly the point, and would not be nearly as effective today had it velop a strategy to convince Congress to exactly why the Portillo case is so important. not been for the Goldwater-Nichols Act. The make good on more of the broken promises. For the benefit of our colleagues, I am attach- Pentagon fought Goldwater-Nichols tooth and I especially appreciate their efforts to enact ing the full text of the editorial. nail, and it took us about 4 years to actually H.R. 3474, the Keep Our Promise to Amer- [From the Rocky Mountain News, Feb. 24, pass the legislation. Whenever the Pentagon 2004] ica’s Military Retirees Act, a bipartisan bill that raised an objection, we sent Arch Barrett over PADILLA DESERVES DUE PROCESS—STILL I was proud to introduce. and he’d argue with the naysayers until they Some argue the Bush administration was The purpose of the recent meeting takes on justified in arresting a U.S. citizen and hold- ran out of objections and had to relent. It was a greater urgency because we must prepare ing him for two years without due process a virtuoso performance by someone who had to honor a new generation of veterans who because, after all, he was in league with ter- mastered the subject matter. have been willing to make the ultimate sac- rorists. The logical fallacy here is known as Arch Barrett is now a professor at the Navy rifice for our country in Iraq and Afghanistan. begging the question—you assume the con- Post-Graduate School in Monterrey, still serv- Our government must be accountable for the clusion in the proposition. ing his country. He gave the graduation ad- How can the administration know Jose promises it makes to young men and women dress to the Naval Postgraduate School’s Padilla was a terrorist intent on mass Joint Professional Military Education Course in who are asked to serve our country in this killings through use of a ‘‘dirty’’ bomb with- way. out due process? And if this can be proven, June 2003. In that speech, Arch of course why doesn’t the government initiate a trial? downplayed his own role in establishing Gold- Generations of young men and women were The Supreme Court is now going to take water-Nichols, but did recognize important recruited into the uniformed services with the on the question of whether the administra- contributions from several Members of Con- promise that heath care would be there for tion violated the Constitution in holding gress. One of those is a man I, like Arch Bar- them when they retired after serving a career Padilla, arrested in Chicago after a trip rett, admire—my good friend and colleague in service. But while these career soldiers put abroad, and Yaser Hamdi, captured in a bat- from Missouri, the Ranking Democrat on the tlefield in Afghanistan. Both men are citi- their lives on the line for our country, the gov- House Armed Services Committee, Ike Skel- ernment did not keep its end of the contract. zens, but the incarceration of Hamdi seems less convincingly a civil-rights incursion ton. Finally, the Courts have laid to rest the matter than the incarceration of Padilla. While I commend Arch’s speech to all those with of who is responsible for making good on Hamdi deserves his day in court, grabbing a an interest in the founding of the Goldwater- those promises—the United States Congress. prisoner at the site of armed hostilities in a Nichols legislation, and I am proud to enter it The Class Act Group convention is in the foreign country is a different matter from into the RECORD. picking someone up at a domestic airport. REFLECTIONS ON LEADERSHIP IN DEFENSE AND best tradition of American democracy—they The obvious issue with Padilla is that if PROFESSIONAL MILITARY EDUCATION REFORM are joining together to petition their elected the administration can stick him away as representatives to do the right thing and make long as it likes without an indictment or (By Archie D. Barrett) good on promises the government made to court proceedings of any kind, why can’t it Sixteen years ago, in 1987, Congressman our military retirees. As veterans, they have al- do the same thing with any of us? Les Aspin asked me whether there was an ready set a good example for our young peo- It’s hard to see how the Supreme Court uncompleted task in the area of Defense De- could side with the administration in the ple by protecting our freedoms and rights. And partment restructuring that could be as- Padilla case, even if a few other presidents, signed to Representative Ike Skelton. Aspin by organizing this grassroots movement they most notably Abraham Lincoln during the was the chairman of the Committee on are doing it again by exercising those free- Civil War, have gotten away with the suspen- Armed Services of the U. S. House of Rep- doms and rights. sion of due process. Moreover, there is lan- resentatives. Skelton was a mid-level Demo- I send my congratulations to the Class Act guage both in Article I of the Constitution crat on the Committee who was intensely in- and the Fifth Amendment that allows excep- terested in improving the quality and per- Group for a job well done! I will work with tions to due process protections when there formance of our Armed Forces. I was a mem- CAG and anyone else who shares our goal, to is a public danger. We simply don’t believe ber of Mr. Aspin’s Committee staff. see that Congress does Keep Our Promise to that language would be correctly applied to At the time, the Pentagon was making lit- America’s Military Retirees. the Padilla situation. tle progress in implementing the education

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A24FE8.075 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E211 provisions of the 1986 Goldwater-Nichols Act. more uneven pattern of military perform- July and covered over 1000 pages. The The Act required a reassessment and re- ances. Jones could point to a whole string of Reagan Administration strongly opposed re- vamping of professional military education flawed military operations to support his al- organization. With few exceptions, the Pen- to assure that it supported the new emphasis legations. tagon witnesses opposed change. On the on joint military planning and operations. I In Vietnam, the JCS disregarded the prin- other hand, many witnesses who had pre- suggested to Chairman Aspin that Rep. Skel- ciple of unity of command. There were two viously served in the Pentagon or White ton could provide a signal contribution to land chains of command and four air chains House in high civilian positions sided with the improvement of the nation’s armed of command largely because of each service’s Jones. They emphasized that the Joint forces if he could be persuaded to lead a con- sensitivity about placing its forces under the Chiefs of Staff, as constituted, simply did gressional panel charged with bringing PME command of a general or admiral of another not and could not provide adequate military into line with the goals of the Goldwater- service. advice to the President due to the con- Nichols Act. Subsequently, Rep. Skelton In 1980, the services were unable to work flicting service interests that dominated the seized on the opportunity and ultimately fa- together in an attempt to rescue American chiefs’ thinking. A number of high-ranking thered the significant changes in Profes- Embassy hostages in Iran. Two aircraft col- retired military officers also agreed with sional Military Education that have cul- lided on the ground killing several service- Jones. Others strongly disagreed. minated in your presence here as JPME men and dooming the operation. The subse- Mr. White presided over every hearing. Lis- graduates at the Naval Postgraduate School. quent investigation revealed gaping dis- tening to the conflicting views of the wit- My remarks today will be addressed to the connects among the services in training for nesses soon provided him the education in leadership displayed by Rep. Skelton and the operation and, once again, flaws in the defense organization issues that he lacked two other individuals that eventually led to chain of command. when the hearings began. He made himself this gathering. Going back to World War II, friendly fire an expert through his perseverance. We usually think of a leader as someone from Navy ships shot down Army aircraft Only a few other congressmen, however, who is in charge or who heads an organiza- during the invasion of Sicily killing para- attended the hearings regularly. Focusing on tion. I for one barely qualify. My most ex- troopers and aircrews due to inadequate defense organization is about as exciting as traordinary experience in that regard was communications and coordination among watching paint dry. Moreover, with the Pen- leading aircraft on night combat missions in the services. tagon leadership and the President ada- Southeast Asia during the Vietnam War. But Also, in World War II, the Army and the mantly opposed to changes, few legislators the aircrews I commanded came together for Navy divided the Pacific into two commands, felt that the investment of their time would only one mission and very little ‘‘leader- one headed by Gen. MacArthur and the other be worth the effort. ship’’, as we usually think of it, was in- by Admiral Nimitz, because they could not At the conclusion of the hearings, Chair- volved. On the other hand, many of you in agree on a unified command structure. The man White introduced a bill to reorganize the audience have been, or will be, called result was a near disaster at Leyte Gulf that the Joint Chiefs of Staff. He had decided that upon to lead in the traditional sense. You could have prolonged the war. Jones was right. White’s subcommittee ap- may rightly ask what I could convey to you In 1983, a year after Gen. Jones first testi- proved his bill with few changes. One Con- on the subject. I certainly asked that ques- fied, 241 young servicemen were killed in a gressman stated that he did not know much tion of myself when I began to contemplate terrorist attack on a Marine barracks in Bei- about the complicated issues addressed in this address. rut. The investigation revealed glaring inad- the bill. He could confidently support the My answer is that I have had the privilege equacies in the military chain of command bill, he said, because Chairman White had of observing others use their ability, their that wound its way from the Pentagon presided over the lengthy hearings and was positions, and their prestige to exert leader- through Army, Air Force, and Navy flag offi- an expert who knew what must be done. ship on matters of great importance to our cers to the Marine colonel and his unit on White presented his bill to the full Com- country. Basically, a leader influences other the ground. mittee on Armed Services in August. The people to behave as he or she wishes. The In that same year, it took over 6000 U.S. Committee approved it and referred it to the leaders I will discuss influenced the behavior troops to defeat 600 Cubans on Grenada. House of Representatives. In the fall, with of hundreds of thousands of members of the After action reports revealed that inad- Chairman White leading the debate, the armed forces, including you in this audience. equate communications among the services House passed the bill and referred it to the It is because of my experience with those hindered naval gunfire and air-to-ground Senate. In December, Mr. White persuaded men that I can discuss aspects of leadership. support of the troops in combat. Senator Tower, a fellow Texan, to hold a At about the time you graduates were at- These and other flawed military operations hearing on his bill before the Senate Armed tending high school, I retired from the Air were not merely unfortunate incidents. As Services Committee. Force and joined the staff of the Armed Serv- you well know, the price of substandard per- That is the end of my story about Rep. ices Committee. In February 1982, General formance of our armed forces in war is paid White. Soon after the December hearing David Jones, the nation’s most senior mili- in the lives of young Americans. Congress adjourned and White’s bill died, as Obviously, General Jones was raising tary officer, testified that there were funda- do all bills that have not been enacted at the issues of fundamental importance to the mental flaws in the structure of the highest end of each Congress. There was no time for American people. But why did the general military body in our Armed Forces, the the Senate to consider the legislation. More- voice his criticisms on Capitol Hill? Why did Joint Chiefs of Staff—or JCS, as it is often over, Mr. White disappeared from Capitol Jones not rely on his Commander-in-Chief to called. He proposed that Congress legislate Hill at the same time. You see, he had long address the problems? One answer is that the far-reaching changes. ago decided to retire and did not run for re- Gen. Jones was chairman of the JCS. At administration was not interested. A more election even though he would have had no the time, he was in his late ‘50s. He was a fundamental answer involves a fact many trouble winning another term. Interestingly, tall, dark haired, distinguished looking man people do not realize. The Constitution by that time General Jones had also retired. in his Air Force uniform with the 4 stars on makes the Congress, not the President, re- He continued to push for reorganization, each shoulder. sponsible for the organization of the nation’s however. The general charged that the JCS, a com- defense. The U. S. House of Representatives mittee consisting of the chiefs of each serv- delegates oversight of that responsibility to f ice, had difficulty making decisions and pro- the Committee on Armed Services, and fur- RECOGNIZING BETHANY SMITH viding advice to the President from an over- ther, to one of its subcommittees. all national defense perspective because each Representative Richard White, a Democrat chief aggressively pursued the interests of from El Paso, was the chairman of the sub- HON. SAM GRAVES his own service. Moreover, he claimed, the committee responsible for overseeing defense OF MISSOURI service chiefs had used their positions on the organization in 1982. White was about 70. He JCS to weaken the field commanders—the was tall and slim. He was soft-spoken. His IN THE HOUSE OF REPRESENTATIVES CINCs—whose mission it is to plan and con- ruddy complexion reflected the time he had Tuesday, February 24, 2004 duct military operations. Each service chief spent in the West Texas sun. His sub- wanted to keep as much control of his sol- committee focused primarily on investiga- Mr. GRAVES. Mr. Speaker, I proudly pause diers, sailors, airmen, or marines as possible. tions—defense contractor fraud, for example. to recognize Bethany Smith, a very dedicated Each chief also sought to maximize his serv- Almost a quarter century had passed since and enthusiastic member of my Washington, ice’s budget for tanks, planes, or ships re- Congress enacted major changes in defense D.C., congressional staff. gardless of the needs of the other services. It organization. Understandably, Chairman Bethany has served my office for 7 months, is no wonder, then, that when the services White knew little about the subject. But he as well as serving as a staffer and intern for were called on to work together in military was acutely aware that he was responsible Congressman PETE SESSIONS. As our office operations, their joint performance was for that part of the Constitution that as- scheduler, she has established a passion for often unsatisfactory. signed defense organization to Congress. Most of you in this room are accustomed In April, White convened hearings to deter- working on the Hill. Bethany holds dear the to hearing of nothing but an unbroken string mine whether Gen. Jones’ criticisms were people she has worked with as a Hill staffer. of military successes during your lifetime. valid and to ascertain what action Congress My office and I greatly value Bethany’s hard Those of us who are older remember a much should take. The hearings lasted until late work and commitment. Constituents have

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.079 E24PT1 E212 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 grown to know her attention to detail, knowl- well as additional classrooms and an expan- about the difference between discrimination edge of many issues, and personal touch that sion of the library. with private funds and discrimination with tax- should not go unrecognized. Her dedication to Mr. Speaker, from four pioneers the Sinai payer funds. the Sixth District of Missouri has shown Peninsula Congregation is now a full service I recommend for the House’s consideration through over the past few months, which is religious center, providing a Jewish education an article that will be published soon entitled, evident by the appreciation of all she works for its members from cradle to grave. In addi- Religion-based Employment Decisions and with. tion to Hebrew school programs for children in Federally Funded Jobs: Congressional De- It is unfortunate for countless people that grades 3Ð10, the Congregation has a very ac- bate, Law and Policy, written by Melissa Rog- Bethany will be leaving the House of Rep- tive Adult education program. This program in- ers, Visiting Professor of Religion and Public resentatives, as she has left her unique stamp cludes ‘‘How to’’ instruction about rituals and Policy at Wake Forest University. Rogers is on many. I, as well as my office, wish Bethany holidays, as well as Adult Bar and Bat Mitzvah former executive director of the Pew Forum on the very best in her future career with Senator opportunities for adult members who had not Religion and Public Life and former general KAY BAILEY HUTCHINSON. yet experienced this celebrated rite of pas- counsel of the Baptist Joint Committee, and Mr. Speaker, I proudly ask you to join me in sage. she has spent a lot of time working on this commending Bethany Smith for her many im- Mr. Speaker, the Peninsula Sinai Congrega- issue. portant contributions to myself, my staff, all tion also hosts an annual Chen Shapira Me- Rogers writes: ‘‘It is true . . . that [Senators those she has worked with on the Hill, and for morial Concert as its major fundraiser for the Ervin and Allen, the prime proponents of the all those she has served. She will be missed Chen Shapira Jewish Culture Fund. This fund 1972 amendment to the 702 exemption of by many. is named after the late Chen Hayim Shapira Title VII] considered an institution-wide exemp- f who was born in Israel but emigrated to San tion for religious organizations from Title VII to Francisco in 1965, and dedicated his life to be crucial to religious autonomy and freedom. REGARDING THE NEBRASKA broadening Jewish education and promoting It is often recalled, for example, that Senator STATE EDUCATION ASSOCIATION Jewish and Israeli music and culture in the Ervin repeatedly said that his amendment was Bay Area. Although Mr. Shapira passed away designed ‘to take the political hands of Caesar HON. TOM OSBORNE in 2000, this fund continues his work by sup- off of the institutions of God, where they have OF NEBRASKA porting positive Jewish cultural awareness. no place to be.’ IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, in the Jewish tradition the ‘‘But what has not been recalled,’’ Rogers number 18, called ‘‘chai,’’ is considered lucky, notes, ‘‘is that, in his argument for allowing re- Tuesday, February 24, 2004 and since 36 is 18 doubled, the number 36 is ligious organizations to make religion-based Mr. OSBORNE. Mr. Speaker, I rise today to known as ‘‘double chai’’ is also considered employment decisions institution-wide, Senator acknowledge the tremendously positive con- lucky. Therefore, on the celebration of the Pe- Ervin repeatedly used an example of a reli- tributions of teachers across the state of Ne- ninsula Sinai Congregation’s double chai anni- gious institution from his home state that, as braska. Our teachers are hard-working, dedi- versary, I urge all of my colleagues to join me he stressed, ‘[was] not supported in any re- cated public servants who serve on the front in congratulating the Peninsula Sinai Con- spect by the Federal Government,’ but by reli- lines of our society. I have worked extensively gregation on its extraordinary growth and wish gious adherents.’’ with the Nebraska State Education Association the congregation continued successes in the Specifically, Senator Ervin said the fol- (NSEA) as well as the National Education As- future. lowing: sociation (NEA). I have worked closely with f ‘‘We have a college in North Carolina the NSEA and its educator-members and the known as Davidson College that is affiliated NEA here in Washington on many issues of IMPROVING THE COMMUNITY with the Southern Presbyterian Church. Da- mutual concern. Teaching is the most impor- SERVICES BLOCK GRANT OF 2003 vidson College is supported by the fees of its tant job in the world. Our teachers deserve our students and by the voluntary contributions appreciation and respect. SPEECH OF of people interested in its activities. It is not supported in any respect by the Federal Gov- f HON. CHET EDWARDS ernment . . . PENINSULA SINAI CONGREGA- OF TEXAS This college was founded and is controlled IN THE HOUSE OF REPRESENTATIVES by people who believe in giving a Christian TION’S 36TH ANNIVERSARY education to the students of the institution Wednesday, February 4, 2004 . . . [It has] a regulation, which says that HON. TOM LANTOS The House in Committee of the Whole any person who is chosen to be a full pro- OF CALIFORNIA House on the State of the Union had under fessor at the institution shall be a member of an Evangelical Christian Church . . .’’ IN THE HOUSE OF REPRESENTATIVES consideration the bill (H.R. 3030) to amend the Community Service Block Grant Act to Senator Ervin then asked Senator Allen, his Tuesday, February 24, 2004 provide for quality improvements: colleague and supporter: Is there ‘‘anything Mr. LANTOS. Mr. Speaker, I am honored to Mr. EDWARDS. Mr. Chairman, I would like immoral or ought [there] to be anything illegal pay tribute to the Peninsula Sinai Congrega- to further extend my remarks from the Debate in people who support a college devoted to tion on the occasion of its 36th Anniversary. on H.R. 3030 on February 4 2004. In my re- giving a Christian education taking steps to From its humble beginnings the Peninsula marks on H.R. 3030, Mr. BOEHNER and I dis- assure that the youth who attend it should be Sinai Congregation has grown to include 252 cussed portions of the 1972 debate address- instructed on any subject, whether religious or member families in Foster City, California, lo- ing the 702 exemption of Title VII of the 1964 nonreligious, by teachers who are members of cated in my Congressional District and has Civil Rights Act. The following provides more a Christian church?’’ And, in response to a become an integral part of the community’s in-depth explanations of Senator Ervin and question later in the debate, Ervin emphasized social and moral fabric. Senator Allen’s comments in 1972 regarding again that Davidson College was ‘‘supported In 1967, four pioneers organized the first this issue. Please insert these comments at by fees of the students and voluntary gifts of meeting of the Peninsula Sinai Congregation the end of my remarks or appropriate place people who believe in giving the kind of edu- in a San Mateo church. As the population of regarding this debate. cation this institution gives.’’ the congregation increased it was forced to I believe it is important to consider the rest Senator Allen echoed this argument in his move, first to the Peninsula JCC and later to of the 1972 legislative history on the amend- own statements. He commented: ‘‘Under our its own facility in Foster City, California in ment to the 702 exemption of Title VII of the system of religious freedom, which would be 1979. At that time there was one small build- 1964 Civil Rights Act and to discuss the com- violated by this EEOC bill, religious organiza- ing that included an education wing comprised ments of the lead proponents of the 1972 tions have seen fit to use their own resources of four classrooms, a kitchen and the Col. amendment to the 702 exemption of Title VII to establish church schools at every level of David J. Reina Memorial Library. Five years of the Civil Rights Act, Senators Sam Ervin education—elementary, secondary, and insti- later the facility was expanded to include a (D-NC) and James Allen (D-AL). You will find tutions of higher education. They did so be- sanctuary/social hall and as well as adminis- that these senators rallied support for broad- cause they wanted youth taught in a religious trative offices. Finally in May 2000, the Con- ening this exemption by citing examples of re- atmosphere and by Christian instructors.’’ gregation completed a substantial remodeling, ligious institutions that they said did not re- Senator Allen also quoted Senator Ervin stat- which included the creation of a dedicated ceive federal financial aid, but were supported ing: ‘‘ ‘[I]f the members of the Presbyterian sanctuary, a lounge, a full catering kitchen as by private funds. It underscores my point Church, or the members of the Catholic

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\K24FE8.013 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E213 Church, or the members of the Lutheran munity service to increase educational oppor- 1907 by printing business cards with a hand Church, or the members of any other religious tunities and improve the quality of life for His- press. It has grown to one of the largest print- body see fit to establish, through their own re- panic Americans. I am proud to join my col- ing companies in the area, employing 150 sources, an institution of learning for the in- leagues in the Congressional Hispanic Cau- members of the community, and boasts an- struction of youth, and they want the youth of cus, the LULAC membership, and Americans nual earnings of $23 million. The Hirschfeld’s that institution to be taught by persons they re- across the country in commending LULAC on entrepreneurial spirit guided them into a num- gard as Christian professors, even in nonreli- 75 years of service and the great contributions ber of other prominent business ventures. gious subjects such as mathematics or trigo- LULAC has made to our country. A.B.’s love for sports resulted in his co-owner- nometry or philosophy, they should have the f ship of the Denver Broncos and Denver unqualified right to do that.’’’ Bears. Edward’s interest in telecommuni- Accordingly, Professor Rogers concludes: PERSONAL EXPLANATION cations led him to start a local television sta- ‘‘The 1972 legislative history reveals that the tion, and he was instrumental in helping to lead sponsors of the 702 amendment rallied HON. DOUG BEREUTER bring cable television to Denver through Mile support for their amendments by offering ex- OF NEBRASKA High Cable. Barry, the current president of amples of religious institutions that they said IN THE HOUSE OF REPRESENTATIVES Hirschfeld Press, took an early interest in tele- did not receive government financial aid, but Tuesday, February 24, 2004 communications as well, starting a car phone were supported with private funds. Far from company in 1984, and has pursued various supporting [religious discrimination in publicly Mr. BEREUTER. Mr. Speaker, on February real estate interests throughout the Denver re- funded jobs], this evidence cuts directly 3, 2004, this Member unavoidably missed Roll gion. against it. Thus, any suggestion that the 1972 Call vote No. 14 on H.J. Res. 84, a resolution The Hirschfeld family is also well known for legislative history offers support for allowing honoring former President Ronald Reagan on their philanthropic endeavors. A.B. served on religious organizations to make religion-based the occasion of his 93rd birthday. Had this no less than fifty civic organizations during his employment decisions with regard to govern- Member been present, this Member would life, and founded the Denver Housing Author- ment-funded positions is simply incorrect.’’ have voted ‘‘aye.’’ ity, which has worked to help low-income fami- So, if those most interested in this amend- f lies. Edward actively participated in numerous ment to the 1964 Civil Rights Act would go Jewish and social organizations, was a co- TRIBUTE TO RUSSELL J. RICE back and look at the debate, he or she would founder of the Hundred Club of Denver, and find that Senators Ervin and Allen were ral- served as board chairman of Mile High United lying support for broadening the 702 exemp- HON. GARY G. MILLER Way. Today, Barry and his wife Arlene tire- tion by referring to religious institutions that OF CALIFORNIA lessly devote their efforts to numerous com- they said were supported with private money. IN THE HOUSE OF REPRESENTATIVES munity activities and charitable organizations, But we are not talking about those kinds of Tuesday, February 24, 2004 such as the Boettcher Foundation and aiding situations today. Instead, we are talking about in the creation of the Scientific & Cultural Fa- the people’s money, the American tax dollar, Mr. GARY G. MILLER of California. Mr. cilities District. and I think there is a huge difference there. Speaker, I rise to pay tribute and honor the Mr. Speaker, the drive the Hirschfeld family f achievements of Russell J. Rice, Chief of Po- has shown in their business and charitable ac- lice for the city of Placentia, California, who is tivities have made them true civic leaders in 75TH ANNIVERSARY OF THE retiring after 30 years of exemplary service. their community. For nearly a century, the LEAGUE OF UNITED LATIN Chief Rice’s leadership and impressive Hirschfeld family has left an indelible mark of AMERICAN CITIZENS record of academic career and civic involve- excellence on the City of Denver and the ment has earned the admiration and respect State of Colorado. It is my privilege to extend HON. NANCY PELOSI of all those who have had the privilege of my sincere congratulations to the Hirschfeld’s OF CALIFORNIA working with him. He was named P.O.S.T. on their induction into the Colorado Business IN THE HOUSE OF REPRESENTATIVES Command College, Outstanding Student for Hall of Fame. Academic Achievement, Class 18, 1994; City f Tuesday, February 24, 2004 of Placentia, Employee of the Year, 1986; Ms. PELOSI. Mr. Speaker, congratulations Placentia Police Officer’s Association, Officer RECOGNIZING KENNETH E. LEE to the League of United Latin American Citi- of the Year, 1985; and Disabled American FOR ACHIEVING THE RANK OF zens on 75 years of outstanding service. Your Veterans, Outstanding Police Officer, 1984 EAGLE SCOUT work has improved the lives of millions of His- and 1985. panic Americans and has benefited our entire I would like to congratulate Chief Rice on HON. SAM GRAVES country. these many accomplishments and sincerely OF MISSOURI Seventy-five years ago, the founders of the thank him for his ongoing commitment to the IN THE HOUSE OF REPRESENTATIVES League of United Latin American Citizens, bet- community, which he has served so admi- ter known as LULAC, joined together to estab- rably. Tuesday, February 24, 2004 lish an organization that would become the f Mr. GRAVES. Mr. Speaker, I proudly pause largest, oldest and most successful Hispanic to recognize Kenneth E. Lee, a very special civil rights and service organization in the TRIBUTE TO BARRY HIRSCHFELD young man who has exemplified the finest United States. Since its inception on February qualities of citizenship and leadership by tak- 17, 1919, in Corpus Christi, Texas, LULAC HON. SCOTT McINNIS ing an active part in the Boy Scouts of Amer- has championed the cause of Hispanic Ameri- OF COLORADO ica, Troop 167, and in earning the most pres- cans in education, employment, economic de- IN THE HOUSE OF REPRESENTATIVES tigious award of Eagle Scout. velopment and civil rights. Kenneth has been very active with his troop, LULAC has developed a comprehensive set Tuesday, February 24, 2004 participating in many scout activities. Over the of nationwide programs fostering educational Mr. MCINNIS. Mr. Speaker, it is my honor to years Kenneth has been involved with scout- attainment, job training, housing, scholarships, rise before this body of Congress and this na- ing, he has earned 39 merit badges and is a citizenship, and voter registration. Its members tion to pay tribute to the Hirschfeld family’s im- Firebuilder in the Tribe of Mic-O-Say. He throughout the Nation have developed a tre- pressive tradition of business excellence and served on Cub Scout Camp staff for 5 years. mendous track record advancing the pros- philanthropy in Colorado. For over three gen- Kenneth has also attended the National Scout perity and civil rights of the Hispanic popu- erations, the Hirschfeld’s have dedicated their Jamboree at Fort A.P. Hill in Virginia and the lation of the United States. LULAC’s legislative time and efforts toward improving their Denver Junior Leader Training Conference at the platform promotes humanitarian relief for immi- community. In acknowledgment of the family’s Pony Express Council. grants, increased educational opportunities for many contributions, Barry Hirschfeld, his father For his Eagle Scout project, Kenneth built a our youth, and equal treatment for all His- Edward, and grandfather A.B. were recently handicap ramp for the Winston United Meth- panics in the United States and its territories, inducted into the Colorado Business Hall of odist Church. including the Commonwealth of Puerto Rico. Fame. Mr. Speaker, I proudly ask you to join me in This year the League of United Latin Amer- The Hirschfeld legacy began when A.B. commending Kenneth E. Lee for his accom- ican Citizens will celebrate 75 years of com- founded the A.B. Hirschfeld Press Company in plishments with the Boy Scouts of America

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.085 E24PT1 E214 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 and for his efforts put forth in achieving the servant, Mr. David E. Schaffer, Senior Coun- AVIATION LAWS PASSED DURING DAVID highest distinction of Eagle Scout. sel on the Transportation Committee’s Aviation SCHAFFER’S TENURE f Subcommittee. Mr. Schaffer is retiring after 108th Congress twenty-six years of Federal service, including H.R. 2115, Vision 100—Century of Aviation HONORING UNC TV MANAGER TOM the past 20 years with the Committee. His un- Reauthorization Act HOWE matched knowledge in the field of aviation, as S. 579, National Transportation Safety well as his engaging personality, will be sorely Board Reauthorization Act of 2003 HON. DAVID E. PRICE missed in the halls of Congress. David’s work 107th Congress OF NORTH CAROLINA stands as a prime example of the good that H.R. 2926, Air Transportation Safety and System Stabilization Act IN THE HOUSE OF REPRESENTATIVES can be accomplished through public service. The American people have been quite fortu- S. 1447, Aviation and Transportation Secu- Tuesday, February 24, 2004 nate to have Mr. Schaffer’s expertise and rity Act Mr. PRICE of North Carolina. Mr. Speaker, guidance throughout his career. Every single 106th Congress I rise to acknowledge the contributions of one aviation law passed in the last two decades is H.R. 1000, Wendell H. Ford Aviation Invest- of North Carolina’s most tenacious and vision- marked with David’s creative ideas and ap- ment and Reform Act for the 21st Century proaches. As an attachment to my remarks, a S. 2440, Airport Security Improvement Act ary leaders: Tom Howe. of 2000 list of all aviation laws passed during David’s Many North Carolinians might not recognize 105th Congress Tom’s name, but they surely have seen his tenure is included. David’s ability to work with people on both H.R. 2476, To amend title 49, United States work. Tom is the Director and General Man- Code, to require the National Transportation ager of UNC-TV, our state’s highly respected sides of the aisle serves as a major reason for the overwhelming bipartisan support aviation Safety Board and individual foreign air car- public television network. Last month, he re- riers to address the needs of families of pas- ceived the Governors’ Award for Lifetime legislation has gathered over the last twenty sengers involved in aircraft accidents involv- Achievement from the Nashville/Midsouth years. His evenhanded and steady demeanor, ing foreign air carriers. Chapter of the National Academy of Television as well as his thoughtful approach to a matter H.R. 2626, To make clarifications to the Arts and Sciences. This prestigious Emmy ensures that all ideas are heard, and that Pilot Records Improvement Act of 1996, and award is given annually to recognize an ‘‘out- every opinion is considered. The relationships for other purposes. H.R. 2843, Aviation Medical Assistance Act standing industry leader,’’ a designation that that David has cultivated among both govern- ment and industry officials has allowed for a of 1998 fits Tom perfectly. 104th Congress For more than a decade, Tom has presided free exchange of ideas on a wide variety of H.R. 3159, National Transportation Safety over our state’s 11-station public television issues. Such exchanges have helped foster the growth of our nation’s aviation industry. He Board Amendments of 1996 network, bringing us comprehensive coverage has earned an immeasurable amount of re- H.R. 3539, Federal Aviation Authorization of public affairs and a deepened under- spect from everyone with whom he has Act of 1996 standing of North Carolina’s past, present, and worked, including Members of Congress, staff, 103rd Congress future. and those in the transportation community. H.R. 904, To amend the Airport and Airway I have had the privilege of working with Tom David began his career in public service in Safety, Capacity, Noise Improvement, and in the policy arena. He fought a courageous 1978, when he joined the Office of General Inter-nodal Transportation Act of 1992 with and somewhat lonely battle for years for equi- Counsel of the Civil Aeronautics Board as an respect to the establishment of the National table treatment for UNCÐTV and other sys- Commission to Ensure a Strong Competitive attorney, specializing in rules, legislation, and Airline Industry. tems similarly situated from the Corporation litigation involving small community air service, for Public Broadcasting and the Public Broad- H.R. 2440, Independent Safety Board Act international air service, consumer protection, Amendments of 1994 casting System. The successful resolution of and charters. In 1984, he began work with the H.R. 2739, Federal Aviation Administration this matter is still yielding benefits and will for Aviation Subcommittee as an Assistant Minor- Authorization Act of 1994 years to come. More recently, Tom has spo- ity Counsel, becoming the Chief Minority S. 1458, General Aviation Revitalization ken out effectively on the preservation of local- Counsel in 1992, and Majority Counsel in Authorization Act of 1994 ism and community standards on our airwaves 1995. Throughout his tenure with the Aviation 102nd Congress in the context of the Federal Communications Subcommittee, he has been involved in all as- H.R. 5481, FAA Civil Penalty Administra- Commission’s decision on media concentra- pects of aviation legislation, including safety, tive Assessment Act of 1992 tion. security, airline competition, international air H.R. 6168, Airport and Airway Safety, Ca- Tom has been ahead of the curve in tele- pacity, Noise Improvement, and Intermodal service, the Airport Improvement Program, air Transportation Act of 1992 vision’s digital conversion, anticipating industry traffic control modernization, Federal Aviation 101st Congress trends and leading the way in innovative tech- Administration reform, and oversight of the nology. Not only has he beaten the FCC Federal Aviation Administration, Transportation H.R. 968, Noise Reduction Reimbursement Act of 1989 deadline for digital conversion, he has also Security Administration, and the National brought 4-channel multicasting to UNC-TV, H.R. 5732, Aviation Security Improvement Transportation Safety Board. Act of 1990 ensuring even greater coverage and enhanced David’s leadership proved critical in the H.R. 3671, To amend the Federal Aviation educational opportunities for viewers. His dedi- weeks following the events of September 11, Act of 1958 to extend the civil penalty assess- cation and persistence have ensured that 2001. His experience played an essential role ment demonstration program. UNC-TV continues to be an exemplary net- in creating the Aviation and Transportation Se- H.R. 5131, To amend the Federal Aviation work, both in terms of the technology he uti- curity Act, which helped restore confidence to Act of 1958 to extend the civil penalty assess- lizes and the programs he broadcasts. the flying public. In a most precarious time for ment demonstration program, and for other Tom Howe knows television, and he uses our nation, we were extremely fortunate to purposes. the power of the medium to effect positive have someone like David Schaffer assisting 100th Congress change: to inform, to educate, and to bring us. Most recently, his assistance led to the H.R. 2310, Airport and Airway Improve- viewers the kind of meaningful programming successful passage of Vision 100, the FAA ment Amendments of 1987 that is increasingly hard to find. I congratulate Reauthorization Act, which will have a lasting S. 623, Independent Safety Board Act Amendments of 1987 him for this well-deserved award, and I thank effect on the aviation industry for years to S. 1628, An original bill to extend the Avia- him for his commitment and leadership. come. tion Insurance Program for 5 years f Mr. Speaker, I ask all of my colleagues to 99th Congress join me in celebrating the retirement of David S. 2703, Air Carrier Access Act of 1986 HONORING DAVID E. SCHAFFER Schaffer, and wish him well in whatever ven- ture he seeks next. I would also like to offer 98th Congress HON. DON YOUNG an extended note of gratitude on behalf of the H.R. 5297, Civil Aeronautics Board Sunset previous Chairmen of the Transportation Com- Act of 1984 OF ALASKA S. 197, A bill to direct the Secretary of the IN THE HOUSE OF REPRESENTATIVES mittee and Aviation Subcommittee whom Department of Transportation to conduct an David has served with great distinction. We Tuesday, February 24, 2004 independent study to determine the ade- wish you good luck and again say thank you quacy of certain industry practices and Fed- Mr. YOUNG of Alaska. Mr. Speaker, I rise for all you have done for both the Congress as eral Aviation Administration rules and regu- today to recognize a most distinguished public well as the American people. lations, and for other purposes.

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\K24FE8.014 E24PT1 February 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E215 S. 1146, Aviation Drug-Trafficking Control gather to honor Mr. Simoni during the as they gained experience and soon the group Act ‘‘Change of Watch’’ awards ceremony to be was drawing wide recognition. Touring across f held in my hometown of Flint, Michigan at the country during the next few years brought Mario’s Restaurant. encounters with several others in the same INTRODUCING THE BELARUS Mark Simoni was born in Flint, Michigan, on musical vein, including fellow drum group, FREEDOM ACT OF 2004 December 19, 1952. He graduated from Black Lodge of White Swan, Washington. Grand Blanc High School in 1971, and upon It was at this time, after speaking with Black HON. RON PAUL completion he attended the University of Lodge, that Black Eagle began writing and OF TEXAS Michigan and Northwestern University. In 1991 performing original music written by members IN THE HOUSE OF REPRESENTATIVES Mark became a member of the United States of the group. Making the music even more ex- ceptional was the fact that it was written, and Tuesday, February 24, 2004 Coast Guard Auxiliary-Saginaw 15Ð05. Mark has unselfishly given of his time and re- performed, in the Towa language, the dialect Mr. PAUL. Mr. Speaker, I rise today to intro- sources to ensure the safety of boaters and of the Jemez Pueblo. Such a project had duce the Belarus Freedom Act of 2004. This families. His commitment to the U.S. Coast never been done before, and release of their bill will graduate Belarus from the require- Guard team mission led him to hold elected freshman album, titled, ‘‘Volume I,’’ brought ments of the Jackson-Vanik statute and there- offices such as Flotilla Commander-Saginaw wide praise. The production of music by Black Eagle by establish permanent normal trade relations 15Ð05, Division 15 Captain from 2002Ð2003, continued unabated. ‘‘Vol. II,’’ the group’s sec- with that country. and Vice Captain from 2000Ð2001. Mark has ond album, was quickly followed by, ‘‘Soaring The Jackson-Vanik amendment was adopt- also held staff positions on the Flotilla, Divi- High’’ and ‘‘Star Child.’’ By 2001, when they ed in 1974, during a time when the U.S.S.R. sion, District/Region and National level. Re- released their fifth album, ‘‘Life Goes On,’’ was imposing enormous ‘‘education repay- cently (2004) Mark was promoted to 9th Dis- ment fees’’ on anyone seeking to emigrate Black Eagle had gained a wide following trict Region Rear Commodore of the United through extensive touring and word-of-mouth. from that country. The statute was designed to States Coast Guard Auxiliary. Mark has volun- prevent temporary restoration of an already This fifth work however, would be the work teered countless hours in the areas of Public that gave Black Eagle national prominence suspended ‘‘most favored nation’’ treatment Education, Vessel Safety Checks, Safety Pa- unless its freedom of emigration requirement and critical acclaim. A collection of round trols, Search and Rescue, Maritime Security dance and hand drum songs, ‘‘Life Goes On,’’ is complied with. After the break-up of the and Environmental Protection. A fine example U.S.S.R., the successor countries found them- garnered a Grammy nomination under the of loyalty is when he used his personal ‘‘Best Native American Music Album’’ cat- selves subject to Jackson-Vanik—meaning watercraft to patrol the Great Lakes along with that they had to prove yearly that they allowed egory. other auxiliarists to ensure that Michigan wa- While the 2002 awards ceremony did not free emigration in order to enjoy normal trade terways were secure after the September 11, bring a win for the group, Black Eagle was relations with the United States. Several 2001 World Trade Center tragedy. Mark has bolstered by the nomination and in March of former Soviet republics have already been proven himself worthy of his new title as 9th 2003, they released, ‘‘Flying Free.’’ This sixth permanently graduated from Jackson-Vanik, District Region Rear Commodore. This new work utilized new technology to create a ‘‘live’’ and several others are in the process of being position will allow him the opportunity to pro- recording sound in the studio and also bridged graduated. Belarus has gained a presidential vide administrative and supervisory support to Native American music history when bells waiver for every year since 1992, indicating its the Flotillas and Divisions within his district. used on legendary group XIT’s albums were ongoing compliance with the requirements. Mr. Speaker, as a Member of Congress, I played by Black Eagle. Therefore it is time to recognize the passing of ask my colleagues in the 108th Congress to ‘‘Flying Free’’ was nominated, and won, the the Soviet era and move on toward better please join me in congratulating Mr. Mark 2004 Grammy for ‘‘Best Native American trade relations with Belarus. Simoni on his promotion and also in honoring Music Album.’’ Black Eagle’s roots, which re- Though some have tried to read additional him for his past deeds. He has and continues side deep within the Jemez culture, are re- requirements into the original amendment, to serve his country with enthusiasm and flected on the album. Jemez Pueblo has a Jackson-Vanik is in reality solely about free- steadfastness. I wish him all the best in the fu- very long history in the great State of New dom of emigration. And, as I have stated, ture. Mexico, and continues to this day to preserve Belarus has attained a Presidential waiver f its cultural, spiritual and traditional customs. every year since 1992. Events at the Pueblo, including feast days, Time and time again we see that peaceful BLACK EAGLE WINS GRAMMY dances, and arts and crafts shows, are still the trade and good relations with other countries primary responsibility of several members of does much more to foster democratization and HON. TOM UDALL the group. liberalization than sanctions, diplomatic expul- OF NEW MEXICO Going from a single teenager captivated by the music of his people to a familial, rooted sions, and accusations. Our Founding Fathers IN THE HOUSE OF REPRESENTATIVES recognized this when they cautioned against award-winning group, Malcolm Yepa and foreign entanglements and counseled instead Tuesday, February 24, 2004 Black Eagle are to be applauded for their mu- free trade and friendly relations with all coun- Mr. UDALL of New Mexico. Mr. Speaker, I sical achievements, commended for their loy- tries who seek the same. rise today to pay tribute to Black Eagle, the alty to the history of the powwow, and wished I hope my colleagues will join with me as winner of the 2004 Grammy for Best Native the very best in their future aspirations. cosponsors of this bill and support further con- American Music Album. This drum group from f structive relations with the Republic of Jemez Pueblo draws upon the rich history of KOOTENAI VALLEY RESOURCE Belarus. the Native American Powwow for musical in- INITIATIVE f spiration. Their fifteen years of performing has developed a deep and broad following across HONORING MR. MARK SIMONI the country. It is my great honor to congratu- HON. C.L. ‘‘BUTCH’’ OTTER late them for this win. OF IDAHO HON. DALE E. KILDEE Black Eagle formed in 1989 after group IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN leader Malcolm Yepa attended a powwow in Tuesday, February 24, 2004 IN THE HOUSE OF REPRESENTATIVES Lame Deer, Montana. He became enamored Mr. OTTER. Mr. Speaker, I rise today to with the singing and drum playing being per- bring to the attention of the House a shining Tuesday, February 24, 2004 formed and upon returning to Jemez Pueblo, example of our great experiment in democ- Mr. KILDEE. Mr. Speaker, I rise before you Malcolm and his brother David Yepa Jr. racy. The Kootenai Valley Resource Initiative today on behalf of the United States Coast formed Black Eagle. Cousins who had heard came to life in 2001, the result of collaboration Guard Auxiliary to honor Mr. Mark Simoni, 9th of Malcolm’s experience were eager to join between the Boundary County Board of Com- District Rear Commodore of the United States and the group soon consisted of twenty-one missioners, the City of Bonners Ferry, and the Coast Guard Auxiliary, for his hard work and members. Kootenai Tribe of Idaho. The mission of the dedication to promoting recreational boating After learning popular songs by listening to KVRI is to act as a locally based effort to im- safety within the Great Lakes and the Saginaw the recordings from other drum groups, Black prove coordination, integration, and implemen- Bay. On February 21, 2004, the United States Eagle began performing at local powwows. tation of existing local, state, and federal pro- Coast Guard Auxiliary, Flint Flotilla 15Ð02, will Their music coalesced into a definitive sound grams that can effectively maintain, enhance,

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.091 E24PT1 E216 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2004 and restore the social, cultural, economic, and service, John embodied the ideals of integrity Feldman Mayers of Dallas, Texas, and am natural resource bases in their community. Mr. and courage that we, as Americans, have pleased to be joined in this tribute by my col- Speaker, after personally viewing this group in come to expect. As his family and community league, Representative WEXLER of Florida. action, I am happy to report this is a success- mourn his passing, I believe it is appropriate Mrs. Mayers was not only a dedicated teacher ful endeavor. to recognize the life of this exceptional man, of special-needs students, but shares the dis- The KVRI membership consists of private and his many contributions to his community, tinction of being related to two members of the citizens and landowners, local governments, state and country. federal and state agencies, an environmental Mayor Bennett lived an immensely rich and South Florida delegation—Congressman advocacy group, and Indian Nation, and rep- full life, always holding firm to his beliefs in WEXLER and myself. She leaves behind a resentatives of business and industry within serving his community and country. He spent wonderful legacy of warmth, dedication and the lower Kootenai basin of Idaho. The Initia- over twenty years defending this Nation, serv- caring. tive is a sign of tremendous change in Bound- ing in the Air Force and the Army, where he Born in the Bronx, New York, Mrs. Mayers ary County. It signals a move from combat to earned a reputation as a solid and dependable moved with her family to Dallas, Texas, at the collaboration and should serve as a model for leader. After his retirement, John continued to age of five. She graduated from Forest Ave- other communities around the country with se- feel a call to service and dedicated his efforts nue High School at the age of 15 and re- vere contention over natural resource issues. toward improving the lives of his Grand Junc- The members of the KVRI work hard to find tion community. He served as a member of ceived her bachelor’s degree in social work areas of common concern with which they, as the Grand Junction City Council, and was from the University of Oklahoma at the age of a community, can pursue solutions to chal- elected mayor in 1988, where he was known 19. Following graduation, Mrs. Mayers began lenges such as fisheries recovery, flood flow for his judiciousness and problem-solving to volunteer for a number of organizations in- elevations, TMDL planning, and the develop- skills. cluding the City of Hope, a cancer research ment of a wetland conservation strategy. Mr. Speaker, we are all at a great loss be- center. Mrs. Mayers also served as the presi- Mr. Speaker, the collaborative spirit of the cause of Mayor Bennett’s passing, but can be dent of the Dallas Chapter, where she coordi- KVRI, and its members’ determination to find comforted in knowing he helped make Grand nated the first ever cancer research study in common sense solutions that move the com- Junction a better place for future generations. the Dallas area. munity forward, should serve as an inspiration I would like to extend my heartfelt sorrow to to us all. I would like to thank the Kootenai his wife of over twenty years, Barbara, and his After receiving her master’s degree in spe- Valley Resource Initiative for demonstrating loving children, Tammy, Vicki, and William. cial education from Texas Women’s University how this great experiment in democracy is Mayor Bennett’s selfless dedication to Grand in 1967, Mrs. Mayers began her teaching ca- supposed to function. Junction, the State of Colorado, and the reer with Sam Houston Junior High School. f United States has helped ensure a promising She served as the head of the school’s spe- future for our great country and I am deeply cial education department, well-known as a TRIBUTE TO MAYOR JOHN honored to bring his life to the attention of this BENNETT fierce advocate for students with special body of Congress. I am proud to have known needs. Mrs. Mayers retired in 1992, but she such a great man who enriched the lives of continued to work as both a substitute teacher HON. SCOTT McINNIS his family, community, and Nation. OF COLORADO and as a Hebrew teacher at Congregation f IN THE HOUSE OF REPRESENTATIVES Beth Torah. She also committed her energies Tuesday, February 24, 2004 HONORING BERNICE FELDMAN to Forest Avenue Alumni Association and the MAYERS Tom C. Gooch Elementary School in Dallas. Mr. MCINNIS. Mr. Speaker, it is with a heavy heart that I rise to pay tribute to the life HON. PETER DEUTSCH Mrs. Mayers is survived by her husband, and memory of former Grand Junction Mayor two sons, four grandchildren and numerous OF FLORIDA John Bennett, who after a long battle with an IN THE HOUSE OF REPRESENTATIVES friends and extended family, all who will miss illness, passed away at the age of sixty-six. her greatly. John was a true American patriot, and a be- Tuesday, February 24, 2004 loved friend and colleague to many in his Col- Mr. DEUTSCH. Mr. Speaker, today I rise to orado community. In his years spent in public commemorate the contributions of Bernice

VerDate jul 14 2003 05:53 Feb 25, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.095 E24PT1 Tuesday, February 24, 2004 Daily Digest Senate dealers, or importers of firearms or ammunition for Chamber Action damages resulting from the misuse of their products Routine Proceedings, pages S1467–S1530 by others, with a vote on the motion to invoke clo- Measures Introduced: Eight bills were introduced, ture on the motion to proceed to consideration of as follows: S. 2103–2110. Page S1518 the bill to occur at 10:30 a.m. Page S1529 Measures Passed: Measures Read First Time: Page S1517 Commemoration of the Birth of Constantino Executive Communications: Pages S1517–18 Brumidi: Senate agreed to H. Con. Res. 264, au- Additional Cosponsors: Pages S1518–20 thorizing and requesting the President to issue a proclamation to commemorate the 200th anniversary Statements on Introduced Bills/Resolutions: Pages S1520–28 of the birth of Constantino Brumidi. Page S1529 Printing of History of the United States Capitol: Additional Statements: Page S1517 Senate agreed to H. Con. Res. 358, authorizing the Notices of Hearings/Meetings: Page S1528 printing of ‘‘History of the United States Capitol’’ as Authority for Committees to Meet: Pages S1528–29 a House document. Page S1529 Privilege of the Floor: Page S1529 Permitting the Use of the Capitol Rotunda: Sen- ate agreed to H. Con. Res. 359, permitting the use Record Votes: One record vote was taken today. of the rotunda of the Capitol for a ceremony as part (Total—15) Page S1506 of the commemoration of the days of remembrance Adjournment: Senate convened at 9:30 a.m., and of victims of the Holocaust. Page S1529 adjourned at 6:45 p.m., until 9:30 a.m., on Wednes- Healthy Mothers and Healthy Babies Access to day, February 25, 2004. (For Senate’s program, see Care Act: Senate continued consideration of the mo- the remarks of the Majority Leader in today’s Record tion to proceed to consideration of S. 2061, to im- on page S1529–30.) prove women’s health access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the Committee Meetings delivery of obstetrical and gynecological services. (Committees not listed did not meet) Pages S1467–S1506 During consideration of this measure today, Senate also took the following action: MAD COW DISEASE By 48 yeas to 45 nays (Vote No. 15), three-fifths Committee on Appropriations: Committee concluded a of those Senators duly chosen and sworn, not having hearing to examine the federal government’s response voted in the affirmative, Senate rejected the motion to bovine spongiform encephalopathy (mad cow dis- to close further debate on the motion to proceed to ease), focusing on how the finding of BSE has af- consideration of the bill. Page S1506 fected cattle and beef markets and what the short- Subsequently, the motion to proceed to consider- term outlook is for these markets in coming months, ation of the bill was withdrawn. including the Administration’s efforts to normalize Protection of Lawful Commerce in Arms Act trade in certain U.S. export markets, and the devel- Agreement: A unanimous-consent-time agreement opment of a national animal identification program, was reached providing for further consideration of after receiving testimony from Elsa A. Murano, the motion to proceed to consideration of S. 1805, Under Secretary for Food Safety, Keith J. Collins, to prohibit civil liability actions from being brought Chief Economist, and Ron DeHaven, Deputy Ad- or continued against manufacturers, distributors, ministrator for Veterinary Services, Animal and D103

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Plant Health Inspection Service, all of the Depart- tem Operator, Indianapolis, Indiana; and Louise ment of Agriculture; Lester Crawford, Deputy Com- McCarren, Western Energy Coordinating Council, missioner, Food and Drug Administration, Julie Salt Lake City, Utah. Louise Gerberding, Director, Centers for Disease HAITI Control and Prevention, and Anthony S. Fauci, Di- rector, National Institute of Allergy and Infectious Committee on Foreign Relations: Committee met in Diseases, National Institutes of Health, all of the closed session to receive a briefing on Haiti’s polit- Department of Health and Human Services; and ical crisis from Roger Noriega, Assistant Secretary of Dennis C. Wolff, Pennsylvania Department of Agri- State for Western Hemisphere Affairs. culture, Harrisburg. MIDDLE EAST GOVERNMENT SPONSORED ENTERPRISES Committee on Foreign Relations: Committee concluded Committee on Banking, Housing, and Urban Affairs: a hearing to examine rethinking the road map re- Committee concluded hearings to examine proposals garding the Middle East, focusing on psychological for improving the regulation of the housing-related obstacles to diplomacy, the 1967 ceasefire lines, government sponsored enterprises (GSEs), specifically Israeli settlements in the Gaza Strip, and Palestinian the Federal National Mortgage Association (Fannie political reform, after receiving testimony from Mae), the Federal Home Loan Mortgage Corporation Henry A. Kissinger, former Secretary of State, Den- (Freddie Mac), and the Federal Home Loan Banks nis Ross, Washington Institute for Near East Policy, (FHLBs), and a proposal for the GSE regulator with Robert Malley, International Crisis Group, and Mar- certain authority, after receiving testimony from tin Indyk, Brookings Institution, all of Washington, Alan Greenspan, Chairman, Board of Governors of D.C. the Federal Reserve System. U.S. POSTAL SERVICE WORKFORCE INTERNET VOICE SERVICES REFORM Committee on Commerce, Science, and Transportation: Committee on Governmental Affairs: Committee con- Committee concluded a hearing to examine Internet cluded a hearing to examine the Report of the Presi- voice services and the role of the Federal Commu- dent’s Commission on the United States Postal Serv- nications Commission to facilitate the growth and ice, focusing on the Commission’s workforce rec- development of voice-over-Internet-protocol, after re- ommendations, including performance-based com- ceiving testimony from Senator Alexander; Michael pensation systems, collective bargaining for pension K. Powell, Chairman, Federal Communications and retiree health benefits, and funding of accrued Commission; Jeffrey Citron, Vonage Holdings Cor- military service retirement benefits for postal em- poration, Edison, New Jersey; Glen A. Britt, Time ployees covered by the Civil Service Retirement Sys- Warner Cable, Stamford, Connecticut; Glen F. Post, tem, after receiving testimony from Dan G. Blair, CenturyTel Incorporated, Monroe, Louisiana; Stan Deputy Director, Office of Personnel Management; Wise, Georgia Public Service Commission, Atlanta, William H. Young, National Association of Letter on behalf of the National Association of Regulatory Carriers, William Burrus, American Postal Workers Utility Commissioners; and Kevin Werbach, Union (AFL–CIO), and John F. Hegarty, National Supernova Group LLC, Villanova, Pennsylvania. Postal Mail Handlers Union, all of Washington, NATION’S ELECTRICITY D.C.; and Dale A. Holton, National Rural Letter Carriers’ Association, Alexandria, Virginia. Committee on Energy and Natural Resources: Committee concluded a hearing to examine the current state of CYBERTERRORISM IN THE 21ST CENTURY the nation’s electricity transmission grid, focusing on Committee on the Judiciary: Subcommittee on Ter- the reliability of the bulk electric systems in North rorism, Technology, and Homeland Security con- America, and the recommendations of the North cluded a hearing to examine the current threat of American Reliability Council (NERC) to prevent cyberterrorism, focusing on federal, state and local and mitigate future blackouts, after receiving testi- efforts to secure information networks, after receiving mony from James W. Glotfelty, Director, Office of testimony from John G. Malcolm, Deputy Assistant Electric Transmission and Distribution and U.S. Di- Attorney General, and Keith Lourdeau, Deputy As- rector of the Power System Outage Task Force, De- sistant Director, Cyber Division, Federal Bureau of partment of Energy; Michehl R. Gent, North Amer- Investigation, both of the Department of Justice; ican Electric Reliability Council, Princeton, New Amit Yoran, Director, National Cyber Security Divi- Jersey; Phillip G. Harris, PJM Interconnection, sion, Department of Homeland Security; Howard A. L.L.C., Norristown, Pennsylvania; James P. Schmidt, eBay Incorporated, San Jose, California; and Torgerson, Midwest Independent Transmission Sys- Dan Verton, Burke, Virginia.

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NATIONAL SECURITY THREATS PREDATORY LENDING Select Committee on Intelligence: Committee concluded a Special Committee on Aging: Committee concluded a hearing to examine current and future worldwide hearing to examine federal and state government threats to the national security of the United States, protection of older Americans from predatory finan- focusing on global terrorism, Russia’s nuclear weap- cial lenders, including the usefulness of consumer ons stockpile, chemical and biological weapons, mis- education, counseling, and disclosures as a deter- siles, information operations, and international rence, after receiving testimony from David G. crime, after receiving testimony George J. Tenet, Di- Wood, Director, Financial Markets and Community rector, Central Intelligence Agency; Robert S. Investment, General Accounting Office; John C. Mueller III, Director, Federal Bureau of Investiga- Weicher, Assistant Secretary of Housing and Urban tion, Department of Justice; and Vice Admiral Low- Development for Housing-Federal Housing Commis- ell E. Jacoby, U.S. Navy, Director, Defense Intel- sioner; Howard Beales, Director, Bureau of Con- ligence Agency. sumer Protection, Federal Trade Commission; Gavin INTELLIGENCE M. Gee, Idaho Department of Finance, Boise; Lavada Select Committee on Intelligence: Committee held closed E. DeSalles, American Association of Retired Per- hearings on intelligence matters, receiving testimony sons, Washington, D.C.; and Veronica Harding, from officials of the intelligence community. Philadelphia, Pennsylvania. Committee recessed subject to call. h House of Representatives H.R. 3036, to authorize appropriations for the Chamber Action Department of Justice for fiscal years 2004 through Measures Introduced: 9 public bills, H.R. 2006, amended (H. Rept. 108–426); and 3817–3825; and 7 resolutions, H. Con. Res. H. Res. 529, providing for consideration of H.R. 364–366, and H. Res. 530–533 were introduced. 1997, to amend title 18, United States Code, and Pages H574–75 the Uniform Code of Military Justice to protect un- Additional Cosponsors: Pages H575–76 born children from assault and murder (H. Rept. Reports Filed: Reports were filed today as follows: 108–427). Page H574 Filed on February 18, H. Con. Res. 189, cele- Speaker: Read a letter from the Speaker wherein he brating the 50th anniversary of the International appointed Representative Leach to act as Speaker pro Geophysical Year (IGY) and supporting an Inter- tempore for today. Page H517 national Geophysical Year–2 (IGY–2) in 2007–08, amended (H. Rept. 108–422); Chaplain: The prayer was offered today by Bishop Filed on February 18, H.R. 1292, to encourage Alfred A. Owens, Jr., Greater Mt. Calvary Holy the development and integrated use by the public Church in Washington, DC. Page H517 and private sectors of remote sensing and other Journal: Agreed to the Speaker’s approval of the geospatial information, amended (H. Rept. Journal of Wednesday, February 11, 2004 by a yea- 108–423); and-nay vote of 381 yeas to 32 nays, Roll No. 25. H.R. 2707, to direct the Secretaries of the Interior Pages H527–528 and Agriculture, acting through the U.S. Forest Suspensions: The House agreed to suspend the rules Service, to carry out a demonstration program to as- and pass the following measures: sess potential water savings through control of Salt Cedar and Russian Olive on forests and public lands Salt Cedar and Russian Olive Control Dem- administered by the Department of the Interior and onstration Act: H.R. 2707, amended, to direct the the U.S. Forest Service, amended (H. Rept. Secretaries of the Interior and Agriculture, acting 108–424, Pt. 1); through the U.S. Forest Service, to carry out a dem- H.R. 2391, to amend title 35, United States onstration program to assess potential water savings Code, to promote research among universities, the through control of Salt Cedar and Russian Olive on public sector, and private enterprise, amended (H. forests and public lands administered by the Depart- Rept. 108–425); ment of the Interior and the U.S. Forest Service, by

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a 2⁄3 yea-and-nay vote of 367 yeas to 40 nays, Roll duly elected Representative in Congress for the Sixth No. 26; Pages H520–23, H529–30 Congressional District, Commonwealth of Kentucky. Agreed to amend the title so as to read: a bill to Page H528 provide for an assessment of the extent of the inva- Senate Message: Message received from the Senate sion of Salt Cedar and Russian Olive on lands in the today appears on page H517. Western United States and efforts to date to control such invasion on public and private lands, including Senate Referral: S. 1786 was referred to the Com- tribal lands, to establish a demonstration program to mittees on Education and the Workforce, Energy address the invasion of Salt Cedar and Russian Olive, and Commerce, and Ways and Means. Page H562 and for other purposes. Page H530 Quorum Calls—Votes: Three yea-and-nay votes de- Southwest Forest Health and Wildfire Preven- veloped during the proceedings today. There were no tion Act of 2003: H.R. 2696, amended, to establish quorum calls. Pages H528, H529–30, and H530 Institutes to demonstrate and promote the use of Adjournment: The House met at 2:00 p.m. and ad- adaptive ecosystem management to reduce the risk of journed at 12:00 a.m. wildfires, and restore the health of fire-adapted forest and woodland ecosystems of the interior West; and Committee Meetings Pages H523–26 FEDERAL EMPLOYEES—NEED FOR DENTAL Providing for the conveyance of land in Douglas AND VISION BENEFITS County, Oregon: S. 714, to provide for the convey- ance of a small parcel of Bureau of Land Manage- Committee on Government Reform: Subcommittee on ment land in Douglas County, Oregon, to the coun- Civil Service and Agency Organization held an over- ty to improve management of and recreational access sight hearing entitled ‘‘We’d Like to See You Smile: to the Oregon Dunes National Recreation Area, by The Need for Dental and Vision Benefits for Federal Employees (H.R. 3751).’’ Testimony was heard from a 2⁄3 yea-and-nay vote of 397 yeas with none voting Abby Block, Deputy Associate Director, OPM; and ‘‘nay’’, Roll No. 27. Pages H526–27, H530 public witnesses. Recess: The House recessed at 3 p.m. and recon- vened at 6:33 p.m. Page H527 U.S. AND THE IRAQI MARSHLANDS: AN ENVIRONMENTAL RESPONSE GAO Human Capital Reform Act of 2003: Agreed that it shall be in order at any time without Committee on International Relations: Subcommittee on intervention of any point of order to consider H.R. the Middle East and Central Asia held a hearing on 2751, to provide new human capital flexibilities United States and the Iraqi Marshlands: An Environ- with respect to the GAO; that the bill shall be con- mental Response. Testimony was heard from the fol- sidered as read for amendment; that the amendment lowing officials of the Bureau for Asia and the Near in the nature of a substitute recommended by the East, AID, Department of State: Gordon West, Act- Committee on Government Reform now printed in ing Assistant Administrator, and John Wilson, Sen- the bill shall be considered as adopted; that all ior Environmental Officer; and public witnesses. points of order against the bill, as amended, are OVERSIGHT—SATELLITE HOME VIEWER waived; and the previous question shall be consid- IMPROVEMENT ACT REAUTHORIZATION ered as ordered on the bill, as amended, to final pas- Committee on the Judiciary: sage without intervening motion except: (1) one Subcommittee on Courts, hour of debate on the bill, as amended, and (2) one the Internet, and Intellectual Property held an over- motion to recommit with or without instructions. sight hearing entitled ‘‘Reauthorization of the Sat- ellite Home Viewer Improvement Act.’’ Testimony Page H527 was heard from Marybeth Peters, Register of Copy- Member Sworn—6th District of Kentucky: Rep- rights, Library of Congress; and public witnesses. resentative-elect A.B. ‘‘Ben’’ Chandler presented himself in the well of the House and was adminis- UNBORN VICTIMS OF VIOLENCE ACT tered the oath of office by the Speaker. Earlier, read Committee on Rules: Granted, by voice vote, a modi- a letter from the Clerk transmitting a copy of the fied closed rule providing two hours of debate in the original Certificate of Election received from the House on H.R. 1997, Unborn Victims of Violence Honorable Trey Grayson, Secretary of State, Com- Act of 2004, equally divided and controlled by the monwealth of Kentucky, indicating that, on exam- chairman and ranking minority member of the Com- ination of the Official Abstracts of Votes on file in mittee on the Judiciary. The rule provides that the that office for the special election held on February bill shall be considered as read for amendment. The 17, 2004, the Honorable A.B. ‘‘Ben’’ Chandler was rule provides that the amendment in the nature of

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Committee on Commerce, Science, and Transportation: to Lofgren or her designee, which shall be considered as hold hearings to examine processor quotas, 9:30 a.m., read and shall be debatable for one hour equally di- SR–253. vided and controlled by the proponent and an oppo- Committee on Foreign Relations: business meeting to con- nent. The rule waives all points of order against the sider United Nations Convention on the Law of the Sea, amendment printed in part B of the report. Finally, with Annexes, done at Montego Bay, December 10, 1982 the rule provides one motion to recommit with or (the ‘‘Convention’’), and the Agreement Relating to the without instructions. Testimony was heard from Implementation of Part XI of the United Nations Con- Representatives Chabot and Lofgren. vention on the Law of the Sea of 10 December 1982, with Annex, adopted at New York, July 28, 1994 (the WORLD-WIDE THREATS ‘‘Agreement’’), and signed by the United States, subject Permanent Select Committee on Intelligence: Met in execu- to ratification, on July 29, 1994 (Treaty Doc. 103–39), tive session to hold a hearing on World-wide following 10:30 a.m. floor vote, S–116, Capitol. Threats. Testimony was heard from departmental Full Committee, to hold hearings to examine the Japa- witnesses. nese tax treaty and the Sri Lanka tax protocol, 9:30 a.m., SD–419. Subcommittee on International Economic Policy, Ex- Joint Meetings port and Trade Promotion, to hold hearings to examine DISABLED AMERICAN VETERANS USAID contracting policies, 3:30 p.m., SD–419. Committee on Governmental Affairs: Subcommittee on Joint Hearing: Senate Committee on Veterans’ Affairs Oversight of Government Management, the Federal concluded joint hearings with the House Committee Workforce, and the District of Columbia, to hold joint on Veterans’ Affairs to examine certain legislative hearings with the House Committee on Government Re- recommendations and concerns of wartime service- form Subcommittee on Civil Service and Agency Reorga- connected disabled veterans, after receiving testi- nization, to examine the key to homeland security relat- mony from Alan W. Bowers, Disabled American ing to the new human resources system, 10 a.m., 2154 Veterans, Cold Spring, Kentucky. RHOB. Committee on Indian Affairs: to hold hearings to examine f the President’s fiscal year 2005 budget request, 9:30 COMMITTEE MEETINGS FOR WEDNESDAY, a.m., SR–485. FEBRUARY 25, 2004 Committee on the Judiciary: to hold hearings to examine the nomination of Roger T. Benitez, to be United States (Committee meetings are open unless otherwise indicated) District Judge for the Southern District of California, 10 Senate a.m., SD–226. Committee on Appropriations: Subcommittee on District House of Columbia, to hold hearings to examine proposed budg- et estimates for fiscal year 2005 for the government of Committee on Appropriations, Subcommittee on Agri- the District of Columbia, 9:30 a.m., SD–138. culture, Rural Development, Food and Drug Administra- Committee on Armed Services: Subcommittee on Per- tion, and Related Agencies, on Secretary of Agriculture, sonnel, to hold hearings to examine policies and programs 9:30 a.m., 2362A Rayburn. for preventing and responding to incidents of sexual as- Subcommittee on Defense, executive, on CIA, 10 a.m., sault in the armed services, 9:30 a.m., SH–216. H–405 Capitol. Subcommittee on Strategic Forces, to hold hearings to Subcommittee on Interior and Related Agencies, on examine the Department of Energy’s Office of Environ- Secretary of Interior, 10 a.m., B–308 Rayburn. mental Management, Office of Future Liabilities, and Of- Subcommittee on Labor, Health and Human Services, fice of Legacy Management, relating to the defense au- Education, and Related Agencies, on SSA, 10:15 a.m., thorization request for fiscal year 2005, 2:30 p.m., and on Corporation for Public Broadcasting, 11:20 a.m., SR–232A. 2358 Rayburn. Committee on Banking, Housing, and Urban Affairs: to Subcommittee on Legislative, on House of Representa- hold hearings to examine current investigations and regu- tives, 2:30 p.m., on GPO, 3:30 p.m., on GAO, 4 p.m., latory actions regarding the mutual fund industry, focus- and on Library of Congress, 4:30 p.m., H–140 Capitol.

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Subcommittee on Military Construction, on Quality of sion of the President and those officials relating to the Life, 9:30 a.m., and on Quality of Life in the Military disclosure of the identity and employment of Ms. Valerie with Spouses, 1:30 p.m., B–300 Rayburn. Plame; H.R. 3782, Counter-Terrorist and Narco-Terrorist Subcommittee on VA, HUD and Independent Agen- Rewards Program Act; H.R. 854, Belarus Democracy Act cies, on Office of Science and Technology Policy, 10 a.m., of 2003; The Microenterprise Results and Accountability on Arlington Cemetery, 11 a.m., on Consumer Product Act of 2004; a resolution urging passage of a resolution Commission, 1 p.m., and on Council on Environmental addressing human rights abuses in People’s Republic of Quality, 2 p.m., H–143 Capitol. China at the 60th Session of the United Nations Com- Committee on Armed Services, hearing on the Fiscal Year mission on Human Rights, and calling upon the Govern- 2005 National Defense Authorization budget request of ment of People’s Republic of China to respect and protect the Department of the Army, 10 a.m., and to mark up human rights; H. Con. Res. 15, Commending India on H. Res. 499, requesting the President and directing the its celebration of Republic Day; H. Res. 526, Expressing Secretary of State, the Secretary of Defense, and the At- the sympathy of the House of Representatives for the vic- torney General to transmit to the House of Representa- tims of the devastating earthquake that occurred on De- tives not later than 14 days after the date of the adoption cember 26, 2003 in Bam, Iran; and a resolution to recog- of this resolution documents in the possession of the nize more than 5 decades of strategic, partnership be- President and those officials relating to the disclosure of tween the United States and the people of the Marshall the identity and employment of Ms. Valerie Plame, 6 p.m., 2118 Rayburn. Islands in the pursuit of international peace and security, Subcommittee on Strategic Forces, hearing on the Fis- 10:30 a.m., 2172 Rayburn. cal Year 2005 National Defense Authorization budget re- Committee on the Judiciary, to mark up H. Res. 499, Re- quest: Status of the Space Programs, 2 p.m., 2212 Ray- questing the President and directing the Secretary of burn. State, the Secretary of Defense, and the Attorney General Subcommittee on Total Force, hearing on the Depart- to transmit to the House of Representatives not later than ment of Defense force health protection and surveillance 14 days after the date of the adoption of this resolution efforts for service members deployed to Operation Endur- documents in the possession of the President and those ing Freedom and Operation Iraqi Freedom, 2 p.m., 2118 officials relating to the disclosure of the identity and em- Rayburn. ployment of Ms. Valerie Plame, 10 a.m., 2141 Rayburn. Committee on the Budget, hearing on The Economic Out- Subcommittee on Immigration, Border Security, and look and Current Fiscal Issues, 10 a.m., 210 Cannon. Claims, oversight hearing entitled ‘‘Funding for Immigra- Committee on Education and the Workforce, hearing enti- tion in the President’s 2005 Budget,’’ 3 p.m., 2141 Ray- tled ‘‘Strengthening Pension Security for All Americans: burn. Are Workers Prepared for a Safe and Secure Retirement?’’ Committee on Resources, oversight hearing on An Exam- 10:30 a.m., 2175 Rayburn. ination of the Potential for a Delegate from the Common- Committee on Energy and Commerce, Subcommittee on wealth of the Northern Mariana Islands, 10:30 a.m., Commerce, Trade, and Consumer Protection, to mark up 1324 Longworth. the following: the United States Olympic Committee Re- Subcommittee on Water and Power, oversight hearing form Act; and the Consumer Access to Information Act on the Proposed Fiscal Year 2005 Budgets for the Bureau of 2004, 10 a.m., 2123 Rayburn. of Reclamation, the U.S. Geological Survey and Power Committee on Financial Services, to consider the fol- Marketing Administrations, 2 p.m., 1334 Longworth. lowing: H.R. 2179, Securities Fraud Deterrence and In- Committee on Science, hearing on The Conflict Between vestor Restitution Act of 2003; to consider the Commit- Science and Security in Visa Policy: Status and Next tee’s Views and Estimates on the Budget proposed for Steps, 9:30 a.m., 2318 Rayburn. Fiscal Year 2005 for submission to the Committee on the Committee on Small Business, to consider Committee’s Budget; and pending Committee business, 10 a.m., 2128 Budget Views and Estimates for Fiscal Year 2005 for Rayburn. Committee on Government Reform, Subcommittee on En- submission to the Committee on the Budget, 1:30 p.m., ergy Policy, Natural Resources and Regulatory Affairs, 2360 Rayburn. hearing entitled ‘‘How to Improve Regulatory Account- Committee on Transportation and Infrastructure, to mark ing: Costs, Benefits, and Impacts of Federal Regula- up the following: the Committee’s Budget Views and Es- tions—Part II,’’ 10 a.m., 2247 Rayburn. timates for Fiscal Year 2005 for submission to the Com- Subcommittee on Human Rights and Wellness, hear- mittee on the Budget; GSA Fiscal Year 2004 Leasing ing on ‘‘Investigation Into Health Care Disparities in the Resolutions; H.R. 2523, to designate the United States United States Pacific Island Territories,’’ 2 p.m., 2154 courthouse located at 125 Bull Street in Savannah, Geor- Rayburn. gia, as the ‘‘Tomochichi United States Courthouse;’’ H.R. Committee on International Relations, to mark up the fol- 2538, to designate the United States courthouse located lowing: H. Res. 499, Requesting the President and di- at 400 North Miami Avenue in Miami, Florida, as the recting the Secretary of State, the Secretary of Defense, ‘‘Wilkie D. Ferguson, Jr., United States Courthouse;’’ and the Attorney General to transmit to the House of H.R. 3147, to designate the Federal building located at Representatives not later than 14 days after the date of 324 Twenty-Fifth Street in Ogden, Utah, as the ‘‘James the adoption of this resolution documents in the posses- V. Hansen Federal Building;’’ H.R. 3462, to designate

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the headquarters building of the Department of Edu- Select Committee on Homeland Security, Subcommittee on cation in Washington D.C., as the Lyndon Baines John- Cybersecurity, Science and Research Development, hear- son Federal Building; and other pending business, 11 ing entitled ‘‘Homeland Security Science and Technology a.m., 2167 Rayburn. Budget Hearing for Fiscal Year 2005, 1 p.m., 2325 Ray- Committee on Veterans’ Affairs, to consider the Commit- burn.’’ tee’s Views and Estimates on the Budget proposed for Joint Meetings: Senate Committee on Governmental Af- Fiscal Year 2005 for submission to the Committee on the fairs, Subcommittee on Oversight of Government Man- Budget, 2:15 p.m., 334 Cannon. agement, the Federal Workforce, and the District of Co- Permanent Select Committee on Intelligence, Subcommittee lumbia, to hold joint hearings with the House Com- on Terrorism and Homeland Security, executive, hearing mittee on Government Reform Subcommittee on Civil on IC Analytical Capabilities and Information Sharing, 2 Service and Agency Reorganization, to examine the key p.m., H–405 Capitol. to homeland security relating to the new human resources system, 10 a.m., 2154 RHOB.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, February 25 10 a.m., Wednesday, February 25

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of suspensions: ation of the motion to proceed to consideration of S. (1) H. Con. Res. 287, Recognizing and honoring the 1805, Protection of Lawful Commerce in Arms Act, with life of Raul Julia, his dedication to ending world hunger, a vote on the motion to invoke cloture on the motion to and his great contributions to the Latino community and proceed to consideration of the bill to occur at 10:30 a.m. the performing arts; and (2) H.R. 3690, Barber Conable Post Office Building Designation Act. Consideration of H.R. 2751, GAO Human Capital Re- form Act of 2003.

Extensions of Remarks, as inserted in this issue

HOUSE Lewis, Jerry, Calif., E206 Rangel, Charles B., N.Y., E190 Lofgren, Zoe, Calif., E199, E201, E204 Ros-Lehtinen, Ileana, Fla., E193 Bereuter, Doug, Nebr., E206, E213 McInnis, Scott, Colo., E200, E202, E204, E205, E207, Ross, Mike, Ark., E199, E202, E204 Burgess, Michale C., Tex., E187, E188, E189, E191 E208, E213, E216 Royce, Edward R., Calif., E191 Calvert, Ken, Calif., E207 Matsui, Robert T., Calif., E192 Schiff, Adam B., Calif., E187, E189 Cunningham, Randy ‘‘Duke’’, Calif., E193 Meek, Kendrick B., Fla., E195 Davis, Jo Ann, Va., E196 Miller, Gary G., Calif., E213 Sessions, Pete, Tex., E192 Davis, Tom, Va., E196 Miller, Jeff, Fla., E200, E202 Simmons, Rob, Conn., E194, E208 DeLauro, Rosa L., Conn., E198 Myrick, Sue Wilkins, N.C., E195 Skelton, Ike, Mo., E196 Deutsch, Peter, Fla., E216 Neal, Richard E., Mass., E197 Spratt, John M., Jr., S.C., E210 Doyle, Michael F., Pa., E193 Neugebauer, Randy, Tex., E194 Tauscher, Ellen O., Calif., E192 Edwards, Chet, Tex., E212 Ney, Robert W., Ohio, E196 Thompson, Mike, Calif., E196, E196 Frank, Barney, Mass., E190 Oberstar, James L., Minn., E197 Towns, Edolphus, N.Y., E198, E201, E203, E204 Gerlach, Jim, Pa., E194 Osborne, Tom, Nebr., E212 Udall, Mark, Colo., E210 Graves, Sam, Mo., E206, E208, E211, E213 Otter, C.L. ‘‘Butch’’, Idaho, E215 Udall, Tom, N.M., E215 Green, Gene, Tex., E207 Oxley, Michael G., Ohio, E187, E188 Israel, Steve, N.Y., E191, E207 Paul, Ron, Tex., E215 Upton, Fred, Mich., E196 John, Christopher, La., E195 Pelosi, Nancy, Calif., E213 Van Hollen, Chris, Md., E210 Kanjorski, Paul E., Pa., E200, E202 Pickering, Charles W. ‘‘Chip’’, Miss., E207 Visclosky, Peter J., Ind., E187, E189 Kildee, Dale E., Mich., E215 Porter, Jon C., Nev., E193 Whitfield, Ed, Ky., E206 Lantos, Tom, Calif., E212 Price, David E., N.C., E214 Young, Don, Alaska, E214

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