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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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